Police (Northern Ireland) Act 1998

Link to law: http://www.legislation.gov.uk/ukpga/1998/32/contents

Introductory Text

Part I

1. The Police Authority for Northern Ireland.
2. General functions of the Police Authority.
3. Staff of the Police Authority.
4. Power to transfer staff to employment of Police Authority.
5. Provision and maintenance of buildings and equipment.
6. Acquisition and disposal of land by Police Authority.
7. Arrangements for obtaining the views of the public on policing.
8. Provision of advice and assistance to international organisations, etc.
9. Grants to, and borrowing by, the Police Authority.
10. Funding of Police Authority – ancillary provisions.
11. Charges for special services.
12. Accounts and audit.
13. Rewards for diligence.

Part II

14. Setting of policing objectives by Secretary of State.
15. Setting of policing objectives and performance targets by Police Authority.
16. The Chief Constable’s strategic policing plan.
17. The Police Authority’s annual policing plan.

Part III The police force

18. General functions of the police force.
19. General functions of Chief Constable.
20. Exercise of functions of Chief Constable in cases of absence, incapacity, etc.
21. Appointment and removal of senior officers of RUC.
22. Appointment and promotion of other members of RUC.
23. Reserve constables.
24. Attestation of constables.
25. Regulations for RUC.
26. Regulations for RUC Reserve.
27. Members of RUC engaged on other police service.
28. The RUC Fund.
29. Liability for wrongful acts of constables.
30. Protection of members of the police force in executing warrants.
31. Property coming into the possession of the police.

Part IV Police representative institutions

32. Police Association for Northern Ireland.
33. Regulations for Police Association.
34. The Police Negotiating Board for the United Kingdom.
35. Membership of trade unions.

Part V Functions of Secretary of State

36. General duty of Secretary of State.
37. Statement of policing principles.
38. Codes of practice.
39. Guidance as to exercise of functions by police force.
40. Power to require use by police of specified facilities, equipment or services.
41. Appointment of inspectors of constabulary.
42. Publication of reports of inspectors of constabulary.
43. Criminal statistics.
44. Inquiries.
45. Research and advice.
46. Expenditure by Secretary of State for police purposes.

Part VI

47. Annual and other reports by Police Authority to Secretary of State.
48. Annual and other reports by Chief Constable to Police Authority.
49. Reports by Chief Constable to Secretary of State.

Part VII Police complaints and disciplinary proceedings

50. Interpretation of this Part.
51. The Police Ombudsman for Northern Ireland.
52. Complaints – receipt and initial classification of complaints.
53. Complaints – informal resolution.
54. Complaints – formal investigation.
55. Consideration of other matters by the Ombudsman.
56. Formal investigation by the Ombudsman.
57. Formal investigation by a police officer.
58. Steps to be taken after investigation – criminal proceedings.
58A. Steps to be taken after investigation – mediation.
59. Steps to be taken after investigation – disciplinary proceedings.
60. Constabularies not maintained by Board.
61. Reports.
61A. Reports to Chief Constable and Board.
61AA. Supply of information by Ombudsman to Board.
62. Statements by Ombudsman about exercise of his functions.
63. Restriction on disclosure of information.
64. Regulations.
65. Guidance concerning discipline, complaints, etc.

Part VIII Miscellaneous and general

Offences

66. Assaults on, and obstruction of, constables, etc.
67. Impersonation, etc.
68. Causing disaffection.
69. Obtaining pension by self-inflicted injury, etc.

Traffic wardens
70. Traffic wardens.

Supplementary

71. Expenses of Secretary of State.
72. Orders and regulations.
73. Interpretation.
74. Amendments, transitional provisions, repeals, etc.
75. Commencement.
76. Extent.
77. Short title.

SCHEDULES

SCHEDULE 1

Status
1.The Police Authority shall not be regarded as the servant...

Constitution
2.(1) The Police Authority shall consist of—

Term of office
3.(1) Subject to the following provisions of this paragraph, a...

Remuneration and allowances
4.The Police Authority may pay— (a) to the chairman and...

Procedure
5.(1) The quorum for a meeting of the Police Authority...

Validity of proceedings
6.The validity of any proceedings of the Police Authority or...

Seal
7.The application of the seal of the Police Authority shall...

Contracts, etc.
8.(1) Any contract or instrument which, if entered into or...

Evidence
9.A document purporting to be— (a) duly executed under the...

Disclosure of pecuniary interests, family connections, etc.
10.Sections 28 to 33, 42, 46, 47 and 146 of...

Committees
11.(1) The Police Authority may— (a) constitute committees of such...

SCHEDULE 2

SCHEDULE 3
The Police Ombudsman for Northern Ireland

The Ombudsman
1.(1) The Ombudsman shall be appointed by Her Majesty.

Remuneration, pensions, allowances, etc.
2.(1) The Secretary of State may pay, or make such...

Staff

3.(1) The Ombudsman may, with the approval of the Secretary...
4.The Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland)...

Assistance by members of the police force

5.(1) The Ombudsman and the Chief Constable may enter into...
6.(1) The Chief Constable may, on the application of the...
7.(1) In this paragraph “relevant service” means—

Assistance by members of a police force in Great Britain
8.(1) The Ombudsman may enter into arrangements with the chief...

Exercise of functions
9.Any functions of the Ombudsman under this Act may be...

Evidence
10.A document purporting to be duly signed by, or on...

Finance

11.The Secretary of State shall pay to the Ombudsman such...
12.(1) The Ombudsman shall— (a) keep proper accounts and proper...

Property
13.(1) The Ombudsman may, for the purposes of his functions...

SCHEDULE 4
Amendments

The Incitement to Disaffection Act 1934 (c. 56)
1.In section 2(4) of the Incitement to Disaffection Act 1934...

The Police (Overseas Service) Act 1945 (c. 17)
2.The Police (Overseas Service) Act 1945 shall extend to Northern...

The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police (Scotland) Act 1967 (c. 77)
4.(1) The Police (Scotland) Act 1967 shall be amended as...

The Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))
5.In section 93(3) of the Local Government Act (Northern Ireland)...

The Superannuation (Northern Ireland) Order 1972 (NI 10)
6.In Article 15 of the Superannuation (Northern Ireland) Order 1972...

The Overseas Pensions Act 1973 (c. 21)
7.In section 2(2)(d) of the Overseas Pensions Act 1973 after...

The House of Commons Disqualification Act 1975 (c. 24)
8.In Part III of Schedule 1 to the House of...

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
9.In Part III of Schedule 1 to the Northern Ireland...

The Fair Employment (Northern Ireland) Act 1976 (c. 25)
10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Animals (Northern Ireland) Order 1976 (NI 13)
11.In Article 10(9) of the Animals (Northern Ireland) Order 1976...

The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
13.In Article 8(3) of the Criminal Damage (Northern Ireland) Order...

The Customs and Excise Act 1979 (c. 2)
14.In section 139(4)(c) of the Customs and Excise Act 1979...

The Firearms (Northern Ireland) Order 1981 (NI 2)
15.In Schedule 1 to the Firearms (Northern Ireland) Order 1981...

The Ministry of Defence Police Act 1987 (c. 4)
16.In section 1(2)(c) of the Ministry of Defence Police Act...

The Official Secrets Act 1989 (c. 6)
17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
18.(1) The Police and Criminal Evidence (Northern Ireland) Order 1989...

The Criminal Justice (Northern Ireland) Order 1994 (NI 15)
19.In Article 12(3) of the Criminal Justice (Northern Ireland) Order...

The Police Act 1996 (c. 16)
20.(1) The Police Act 1996 shall be amended as follows....

The Juries (Northern Ireland) Order 1996 (NI 6)
21.In Schedule 2 to the Juries (Northern Ireland) Order 1996...

The Police Act 1997 (c. 50)
22.(1) The Police Act 1997 shall be amended as follows....

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
23.In Article 44(1) of the Road Traffic Regulation (Northern Ireland)...

The Race Relations (Northern Ireland) Order 1997 (NI 6)
24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police (Health and Safety)(Northern Ireland) Order 1997 (NI 16)
25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5
Transitional provisions and savings

Part I General

Saving for pensions, etc. under repealed provisions
1.Where any statutory provision relating to or affecting pensions or...

Statutory references to Royal Irish Constabulary, etc.
2.Any reference in any statutory provision passed or made before...

Power to make other transitional or saving provisions
3.The Secretary of State may by order make such other...

Part II The Police Ombudsman for Northern Ireland

Interpretation
4.In this Part— “the Commission” means the Independent Commission for...

Transfer of property, rights and liabilities of Commission
5.(1) On the transfer date all property, rights and liabilities...

Transfer of staff
6.(1) Subject to sub-paragraphs (5) and (6), this paragraph applies...

Legal proceedings
7.Any legal proceedings by or against the Commission which are...

Payments to former members of the Commission
8.Where a person— (a) ceases to be a member of...

Information received by Commission
9.(1) No information received by the Commission in connection with...

Financial year
10.The first financial year of the Ombudsman shall be the...

Stamp duty
11.Stamp duty shall not be chargeable in respect of any...

SCHEDULE 6
Repeals
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