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Police (Northern Ireland) Act 1998
An Act to make provision about policing in Northern Ireland; and for connected purposes.
[24th July 1998]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| | | PART I
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| | | THE POLICE AUTHORITY FOR NORTHERN IRELAND
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| The Police Authority for Northern Ireland.
| 1. - (1) | There shall continue to be a body corporate known as the Police Authority for Northern Ireland.
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| | (2)
| Section 19 of the Northern Ireland Constitution Act 1973 (discrimination by public authorities) shall apply to the Police Authority.
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| | (3)
| Schedule 1 shall have effect in relation to the Police Authority.
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| General functions of the Police Authority.
| 2. - (1) | The Police Authority shall secure the maintenance of the police force in Northern Ireland which shall continue to consist of-
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| | | (a) the Royal Ulster Constabulary; and
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| | | (b) the Royal Ulster Constabulary Reserve.
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| | (2)
| The police force, traffic wardens and the police service staff of the Police Authority shall form a single service which shall be known as the Northern Ireland Police Service.
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| | (3)
| The Police Authority shall secure that the Northern Ireland Police Service is efficient and effective.
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| | (4)
| In carrying out its duty under subsection (3), the Police Authority shall keep itself informed as to-
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| | | (a) the workings of Part VII (police complaints and disciplinary proceedings); and
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| | | (b) the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 70.
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| | (5)
| In discharging its functions the Police Authority shall have regard to-
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| | | (a) any objectives determined by the Secretary of State under section 14;
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| | | (b) the objectives determined, and performance targets established, by the Authority under section 15;
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| | | (c) the annual policing plan issued by the Authority under section 17;
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| | | (d) the statement of principles issued under section 37;
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| | | (e) any code of practice issued by the Secretary of State under section 38.
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| Staff of the Police Authority.
| 3. - (1) | The Police Authority, with the approval of the Secretary of State, shall appoint a chief executive officer who shall be secretary to the Authority and carry out such other functions as may be assigned to him by the Authority.
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| | (2)
| The terms and conditions of service of the chief executive officer of the Police Authority shall be such as the Authority may, with the approval of the Secretary of State, determine.
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| | (3)
| The Police Authority may, with the approval of the Secretary of State as to numbers and terms and conditions of service, employ persons to assist the police force or otherwise to enable the Authority to discharge its functions.
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| | (4)
| The Police Authority may make arrangements for administrative, secretarial or other assistance to be provided for the Authority by persons employed in the civil service.
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| | (5)
| Subject to subsection (6), the following functions of the Police Authority shall be exercised, on behalf of and in the name of the Police Authority, by the Chief Constable, namely-
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| | | (a) the power to engage and dismiss employees under subsection (3), the power to direct and control such employees and all other powers and duties of the Authority as employer of such employees; and
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| | | (b) the power to direct and control persons providing assistance to the Authority in pursuance of arrangements under subsection (4).
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| | | (6) Subsection (5) does not apply to such of the persons employed by, or engaged in pursuance of arrangements under subsection (4) in providing assistance to, the Police Authority as may be determined by the Authority with the approval of the Secretary of State.
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| | (7)
| Persons who-
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| | | (a) are employed by, or engaged in pursuance of arrangements under subsection (4) in providing assistance to, the Police Authority; and
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| | | (b) are by virtue of subsection (5) subject to the direction and control of the Chief Constable,
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| | | are referred to in this Act as the "police service staff" of the Authority.
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| Power to transfer staff to employment of Police Authority.
| 4. - (1) | The Secretary of State may by regulations provide for the transfer to the employment of the Police Authority of any person to whom this section applies.
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| | | (2) Subject to subsection (3), this section applies to any person who immediately before such date as may be prescribed in regulations under subsection (1) ("the prescribed date") is-
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| | | (a) employed in the civil service; and
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| | | (b) engaged, in pursuance of arrangements under section 3(4), in providing assistance to the Police Authority.
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| | (3)
| This section does not apply to a person if-
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| | | (a) his employment in the civil service terminates on the day immediately before the prescribed date; or
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| | | (b) he is withdrawn from work with the Authority with effect from the prescribed date.
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| | (4)
| Subsections (5) and (6) of section 3 shall apply in relation to persons transferred to the employment of the Authority under this section as they apply in relation to persons employed by the Authority under subsection (3) of that section.
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| | (5)
| Before making any regulations under this section the Secretary of State shall consult-
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| | | (a) the Police Authority;
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| | | (b) the Chief Constable; and
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| | | (c) such organisations as appear to the Secretary of State to represent the interests of persons affected by the regulations.
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| Provision and maintenance of buildings and equipment.
| 5. - (1) | Subject to the following provisions of this section, the Police Authority may for the purposes of its functions provide and maintain buildings and equipment.
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| | (2)
| Subject to the following provisions of this section, the powers of the Police Authority under this section in so far as they relate to the provision or maintenance of buildings and equipment wholly or mainly for police purposes shall be exercised, on behalf of and in the name of the Authority, by the Chief Constable.
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| | (3)
| Subsection (2) does not apply-
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| | | (a) to such buildings or equipment, or buildings or equipment of such description, as the Secretary of State may direct; or
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| | | (b) in such circumstances or cases as the Secretary of State may direct.
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| | (4)
| For the purposes of this section the decision of the Secretary of State as to whether any building or equipment is provided or maintained wholly or mainly for police purposes shall be final.
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| | (5)
| The Police Authority may enter into arrangements with any other person for the maintenance, on such terms as the Authority with the approval of the Secretary of State may determine, of equipment used by that person; and maintenance of equipment carried out in pursuance of any such arrangements shall be treated for the purposes of this section as maintenance of equipment wholly for police purposes.
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| | (6)
| Nothing in this section confers power to acquire or hold land.
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| | (7)
| The power conferred by this section to provide buildings shall not be exercised except with the consent of the Secretary of State.
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| | (8)
| The power conferred by this section to provide equipment is subject to any regulations under section 40.
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| | (9)
| The power conferred by this section to provide buildings or equipment includes power to enter into a contract with another person for the provision or making available of buildings or equipment together with any services relating to such buildings or equipment.
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| Acquisition and disposal of land by Police Authority.
| 6. - (1) | For the purposes of its functions, the Police Authority may, with the consent of the Secretary of State, acquire, hold and dispose of land.
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| | (2)
| The consent of the Secretary of State under subsection (1) may be given-
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| | | (a) either generally or in particular cases or descriptions of case; and
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| | | (b) subject to conditions specified therein.
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| | (3)
| The power of the Police Authority to acquire land includes power to acquire it compulsorily in accordance with subsections (4) and (5).
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| | (4)
| Where the Police Authority proposes to acquire any land compulsorily it may apply to the Secretary of State for an order ("a vesting order") vesting that land in the Authority and the Secretary of State may make such an order.
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| | (5)
| Schedule 6 to the Local Government Act Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under this section in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications-
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| | | (a) for any reference to the council there shall be substituted a reference to the Police Authority;
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| | | (b) for any reference to the Ministry concerned there shall be substituted a reference to the Secretary of State;
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| | | (c) for any reference to that Act there shall be substituted a reference to this Act;
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| | | (d) in paragraph 6(2) for the words from "the fund" to the end there shall be substituted the words "funds of the Police Authority (in this Schedule referred to as "the compensation fund"), and shall be discharged by payments made by the Police Authority"; and
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| | | (e) in paragraph 12(2) for "the clerk of the council" there shall be substituted "such person as may be designated for the purposes of this Schedule by the Police Authority".
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| Arrangements for obtaining the views of the public on policing.
| 7. - (1) | The Police Authority shall make arrangements for obtaining-
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| | | (a) the views of the public about matters concerning policing; and
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| | | (b) the co-operation of the public with the police in preventing crime.
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| | (2)
| Before making any arrangements under this section the Police Authority shall-
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| | | (a) consult the Chief Constable as to the arrangements that would be appropriate; and
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| | | (b) consult each district council in Northern Ireland as to the arrangements that would be appropriate for its district.
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| | (3)
| The Police Authority shall from time to time review the arrangements made under this section.
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| | (4)
| If it appears to the Secretary of State that arrangements made under this section are not adequate for the purposes set out in subsection (1), he may require the Police Authority to review the arrangements and submit a report to him concerning the arrangements.
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| | (5)
| When reviewing arrangements under subsection (3) or (4) the Police Authority shall be under the same duty to consult as when making the arrangements.
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| | (6)
| A district council may make arrangements for enabling questions on the discharge of the functions of the Police Authority to be put by members of the council at a meeting of the council for answer by a person nominated by the Police Authority for that purpose.
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| | (7)
| On being given reasonable notice by a district council of a meeting of that
council at which questions on the discharge of the Authority's functions are to be put, the
Police Authority shall nominate one or more of its members to attend the meeting to answer
those questions.
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| Provision of advice and assistance to international organisations, etc.
| 8. - (1) | Subject to the provisions of this section, the Police Authority may provide advice and assistance to-
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| | | (a) an international organisation or institution; or
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| | | (b) any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Police Authority or the Chief Constable.
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| | (2)
| The power conferred on the Police Authority by subsection (1) includes a power to make arrangements under which a member of the Royal Ulster Constabulary is engaged for a period of temporary service with a body or person within paragraph (a) or (b) of that subsection.
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| | (3)
| The power conferred by subsection (1) shall not be exercised except with the consent of the Secretary of State which may be given subject to such conditions as appear to him to be appropriate.
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| | (4)
| Nothing in this section authorises the Police Authority to provide any financial assistance by making a grant or loan or giving a guarantee or indemnity.
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| | (5)
| The Police Authority may make charges for advice or assistance provided by it under this section.
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| | (6)
| This section is without prejudice to section 10 of the Overseas Development and Co-operation Act 1980.
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| Grants to, and borrowing by, the Police Authority.
| 9. - (1)
| The Secretary of State shall for each financial year make to the Police Authority-
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| | | (a) a grant for police purposes; and
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| | | (b) a grant for general administrative purposes of the Authority.
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| | (2)
| A grant under this section-
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| | | (a) shall be of such amount;
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| | | (b) shall be paid at such time, or in instalments of such amounts and at such times; and
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| | | (c) shall be made on such conditions,
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| | | as the Secretary of State may determine.
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| | (3)
| A time determined under subsection (2)(b) may fall within or after the financial year concerned.
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| | (4)
| Subject to subsections (5) and (6), the Police Authority may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require for the purpose of defraying expenses pending the receipt of moneys receivable by the Authority.
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| | (5)
| The total amount outstanding on foot of borrowings under subsection (4) shall not at any time exceed such sum as the Secretary of State may specify to the Authority in writing.
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| | (6)
| Any sum borrowed under subsection (4) shall be repaid before the end of the financial year in which it is borrowed.
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| | (7)
| The Police Authority may, with the prior consent of the Secretary of State, borrow or raise money on such terms and subject to such conditions as the Secretary of State may approve upon the security of any property or assets of the Authority for all or any of the following purposes-
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| | | (a) meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;
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| | | (b) redeeming any loan previously borrowed or raised under this section; or
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| | | (c) any other purpose for which capital moneys may properly be applied.
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| Funding of Police Authority - ancillary provisions.
| 10. - (1) | The Police Authority shall-
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| | | (a) prepare and submit to the Secretary of State, at such times and in such form as the Secretary of State may direct, estimates of the receipts and payments of the Authority-
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| | | (i) for police purposes; and
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| | | (ii) for general administrative purposes of the Authority,
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| | | during such period as may be specified in the direction; and
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| | | (b) submit to the Secretary of State such other information relating to those estimates as he may require.
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| | (2)
| A draft of the estimates of receipts and payments for police purposes shall be submitted by the Chief Constable to the Police Authority.
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| | (3)
| The estimates of receipts and payments for police purposes submitted by the Police Authority under subsection (1) shall be either-
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| | | (a) in the form of the draft submitted under subsection (2); or
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| | | (b) in that form with such amendments as the Authority may, after consultation with the Chief Constable, determine.
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| | (4)
| The Police Authority shall comply with such directions as the Secretary of State may give as to the application of moneys received by the Authority otherwise than by way of grant under section 9(1); and to the extent that any statutory provision or any such direction does not require moneys so received to be applied in a particular manner or for a particular purpose, the Authority shall apply those moneys for police purposes.
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| | (5)
| The Police Authority shall in each financial year put at the disposal of the Chief Constable-
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| | | (a) an amount equal to the amount of the grant for police purposes received in that year by the Authority under section 9(1); and
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| | | (b) any amount received by the Authority in that year which is required to be applied for police purposes-
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| | | (i) by subsection (4) or directions under that subsection; or
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| | | (ii) by any other statutory provision.
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| Charges for special services.
| 11. | The Chief Constable may, at the request of any person, provide special police services subject to the payment to the Police Authority of such charges, or charges on such scales, as may be determined by the Authority with the approval of the Secretary of State.
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| Accounts and audit.
| 12. - (1) | The Police Authority shall-
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| | | (a) keep proper accounts and proper records in relation to the accounts; and
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| | | (b) prepare a statement of accounts in respect of each financial year.
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| The statement of accounts shall contain such information and shall be in such form as the Secretary of State may direct.
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| | (3)
| The Police Authority shall send copies of the statement of accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.
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| | (4)
| The Comptroller and Auditor General shall-
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| | | (a) examine, certify and report on each statement of accounts received by him under this section; and
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| | | (b) lay copies of the statement of accounts and of his report before each House of Parliament.
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| Rewards for diligence.
| 13. | The Police Authority may, on the recommendation of the Chief Constable, pay to members of the Northern Ireland Police Service rewards for exceptional diligence or other specially meritorious conduct.
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