| | | PART IV
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| | | POLICE REPRESENTATIVE INSTITUTIONS
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| Police Association for Northern Ireland.
| 32. - (1) | There shall continue to be a Police Association for Northern Ireland for the purpose of representing members of the police force in all matters affecting their welfare and efficiency, except for-
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| | | (a) questions of promotion affecting individuals; and
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| | | (b) (subject to subsection (2)) questions of discipline affecting individuals.
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| | (2)
| The Police Association may represent a member of the police force at any proceedings brought under regulations made in accordance with section 25(3) or 26(3) or on an appeal from any such proceedings.
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| | (3)
| Except on such an appeal or as provided by regulations made as mentioned in subsection (2), a member of the police force may only be represented under subsection (2) by another member of the police force.
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| | (4)
| The Police Association shall be entirely independent of, and subject to subsection (5) unassociated with, any body or person outside the police services of the United Kingdom, but may employ persons outside those services in an administrative or advisory capacity.
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| | (5)
| The Secretary of State- |
| | | (a) may authorise the Police Association or a section thereof to be associated with a person or body outside the police services of the United Kingdom in such cases and manner, and subject to such conditions and restrictions, as he may specify; and
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| | | (b) may vary or withdraw an authorisation previously given;
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| | | and anything for the time being so authorised shall not be precluded by subsection (4).
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| Regulations for Police Association.
| 33. - (1) | The Secretary of State may by regulations-
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| | | (a) prescribe the constitution and proceedings of the Police Association and of the sections thereof; or
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| | | (b) authorise any such section to make rules concerning such matters relating to its constitution and proceedings as may be specified in the regulations.
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| | (2)
| Without prejudice to the generality of subsection (1), regulations under this section may make provision-
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| | | (a) with respect to the membership of the Police Association;
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| | | (b) with respect to the raising of funds by the Police Association by voluntary subscription and the use and management of funds derived from such subscriptions;
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| | | (c) with respect to the manner in which representations may be made by the Police Association, or any section thereof, to the Police Authority, the Chief Constable or the Secretary of State;
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| | | (d) for the payment by the Secretary of State of expenses incurred in connection with the Police Association;
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| | | (e) for modifying any regulations under section 25 or 26 in relation to any member of the police force who is the secretary or an officer of the Police Association and for requiring the Police Association to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.
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| | (3)
| Before making any regulations under this section the Secretary of State shall consult the Police Association.
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| The Police Negotiating Board for the United Kingdom.
| 34. - (1) | In section 62(1) of the Police Act 1996 (Secretary of State to take into account recommendations made by the Police Negotiating Board for the United Kingdom before making regulations with respect to hours of duty, leave, pay and allowances or the issue, use and return of police clothing, personal equipment and accoutrements and to supply the Board with a draft of the regulations) for paragraph (c) there shall be substituted-
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| | | "(c) regulations under section 25 of the Police (Northern Ireland) Act 1998;".
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| | (2)
| In section 62(3) of the Police Act 1996 (no regulations relating to pensions to be made except after consultation with the Police Negotiating Board for the United Kingdom) for the words "section 10(4) or 25 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 25 of the Police (Northern Ireland) Act 1998".
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| Membership of trade unions.
| 35. - (1) | Subject to the following provisions of this section, a member of the police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.
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| | (2)
| Where a person was a member of a trade union before becoming a member of the police force he may, with the consent of the Chief Constable, continue to be a member of that union during the time of his service in the police force.
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| | (3)
| In this section "trade union" has the meaning assigned to it by Article 3(1) of the Industrial Relations (Northern Ireland) Order 1992; and if any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the Certification Officer for Northern Ireland.
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| | (4)
| Nothing in this section applies to membership of the Police Association or of any body recognised by the Secretary of State for the purposes of this section as representing members of the police force who are not members of the Police Association.
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| | | PART V
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| | | FUNCTIONS OF SECRETARY OF STATE
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| General duty of Secretary of State.
| 36. |
The Secretary of State shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the Northern Ireland Police Service.
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| Statement of policing principles.
| 37. - (1) | For the purpose of providing a common set of aims, values and aspirations in connection with the exercise of their respective functions under this Act by-
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| | | (a) the Secretary of State;
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| | | (b) the Police Authority; and
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| | | (c) the Chief Constable,
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| | | the Secretary of State shall issue a statement of the principles on which the policing of Northern Ireland is to be conducted.
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| | (2)
| A statement issued under this section shall include the principle that the policing of Northern Ireland is to be conducted in an impartial manner.
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| | (3)
| Before issuing a statement under this section, the Secretary of State shall consult-
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| | | (a) the Police Authority; and
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| | | (b) the Chief Constable.
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| | (4)
| The Secretary of State shall lay before both Houses of Parliament any statement of principles issued by him under this section.
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| Codes of practice.
| 38. - (1) | The Secretary of State may issue, and from time to time revise, codes of practice relating to the discharge by the Police Authority of any of its functions.
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| | (2)
| Before issuing or revising a code of practice under this section, the Secretary of State shall consult the Police Authority.
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| | (3)
| The Secretary of State shall publish a copy of any code of practice and of any revision of a code of practice issued by him under this section in such manner as he thinks appropriate.
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| Guidance as to exercise of functions by police force.
| 39. - (1) | The Secretary of State may issue, and from time to time revise, general guidance as to the exercise by members of the police force of any of their functions.
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| | (2)
| Before issuing or revising any guidance 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) the Police Association.
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| | (3)
| The Secretary of State shall publish any guidance issued by him under this section in such manner as he thinks appropriate.
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| Power to require use by police of specified facilities, equipment or services.
| 40. - (1) | The Secretary of State may by regulations make provision for requiring the police force to use specified facilities, equipment or services, or facilities, equipment or services of a specified description, if he considers that it would be in the interests of the efficiency or effectiveness of the police force for it to do so.
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| | (2)
| 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) the Police Association.
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| | (3)
| Before making any regulations under this section relating to information technology, the Secretary of State shall consult the Police Information Technology Organisation.
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| | (4)
| In subsection (3) "information technology" includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.
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| Appointment of inspectors of constabulary.
| 41. - (1) | The Secretary of State may appoint from among Her Majesty's Inspectors of Constabulary appointed under section 54 of the Police Act 1996 such number of inspectors of constabulary for Northern Ireland as he may determine.
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| | (2)
| The inspectors shall at least once in every year inspect and report to the Secretary of State on the efficiency and effectiveness of the Northern Ireland Police Service.
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| | (3)
| The inspectors may inspect and report to the Secretary of State on the efficiency and effectiveness of the National Criminal Intelligence Service.
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| | (4)
| The inspectors shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of the Northern Ireland Police Service and make such other reports as the Secretary of State may from time to time direct.
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| | (5)
| Any expenditure incurred for the purposes of or in connection with an inspection under this section shall be defrayed by the Secretary of State.
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| Publication of reports of inspectors of constabulary.
| 42. - (1) | Subject to subsection (2), the Secretary of State shall arrange for any report received by him under section 41(2) or (3) to be published in such manner as appears to him to be appropriate.
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| | (2)
| The Secretary of State may exclude from publication under subsection (1) any part of a report if, in his opinion, the publication of that part-
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| | | (a) would be against the interests of national security or prejudicial to public order; or
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| | | (b) might jeopardise the safety of any person.
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| | (3)
| The Secretary of State shall send a copy of the published report to-
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| | | (a) the Police Authority; and
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| | | (b) the Chief Constable.
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| | (4)
| The Police Authority shall invite the Chief Constable to susectionit comments on the published report to the Authority before such date as it may specify.
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| | (5)
| The Police Authority shall prepare comments on the published report and shall arrange for-
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| | | (a) its comments;
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| | | (b) any comments susectionitted by the Chief Constable in accordance with subsection (4); and
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| | | (c) any response which the Authority has to the comments susectionitted by the Chief Constable,
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| | | to be published in such manner as appears to the Authority to be appropriate.
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| | (6)
| The Police Authority shall send a copy of any document published under subsection (5) to the Secretary of State.
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| | (7)
| Subsections (3) to (6) shall apply in relation to a report relating to the National Criminal Intelligence Service as if-
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| | | (a) references to the Police Authority were references to the Service Authority for the National Criminal Intelligence Service; and
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| | | (b) references to the Chief Constable were references to the Director General of the National Criminal Intelligence Service.
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| Criminal statistics.
| 43. - (1) | The Chief Constable shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in Northern Ireland as the Secretary of State may require.
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| | (2)
| The Secretary of State shall cause an abstract of the information transmitted to him under this section to be prepared and published in such manner as he thinks appropriate.
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| Inquiries. | 44. - (1)
| The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with policing.
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| | (2)
| An inquiry under this section shall be held in public or in private as the Secretary of State may direct.
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| | (3)
| Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (inquiries and investigations) shall apply to an inquiry under this section with the substitution for references to the Ministry of references to the Secretary of State.
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| | (4)
| Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.
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| Research and advice.
| 45. - (1) | The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency and effectiveness of the Northern Ireland Police Service.
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| | (2)
| The Secretary of State may set up such bodies as appear to him to be necessary or expedient for the purpose of advising him on matters affecting the efficiency and effectiveness of the Northern Ireland Police Service.
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| Expenditure by Secretary of State for police purposes.
| 46. | The Secretary of State may-
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| | | (a) make such contribution to the provision or maintenance of such organisations, facilities and services; and
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| | | (b) make such other payments,
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| | | as he thinks necessary or expedient for promoting the efficiency and effectiveness of the Northern Ireland Police Service.
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| | | PART VI
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| | | REPORTS
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| Annual and other reports by Police Authority to Secretary of State.
| 47. - (1) | The Police Authority shall, not later than 6 months after the end of each financial year, issue a report relating to the policing of Northern Ireland for the year.
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| | (2)
| A report issued under subsection (1) for any year shall include-
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| | | (a) an assessment of the extent to which the annual policing plan for that year issued under section 17 has been carried out; and
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| | | (b) an assessment-
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| | | (i) of the extent to which the membership of the police force is representative of the community in Northern Ireland; and
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| | | (ii) of the effectiveness of any measures taken by the Chief Constable with a view to securing that the membership of the police force is representative of that community.
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| | (3)
| The Police Authority shall- |
| | | (a) arrange for every report issued under subsection (1) to be published in such manner as appears to it to be appropriate; and
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| | | (b) send a copy of the report to the Secretary of State.
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| | (4)
| The Police Authority shall, whenever required by the Secretary of State, susectionit to the Secretary of State a report on such matters connected with the discharge of the Authority's functions, or otherwise with the policing of Northern Ireland, as may be specified in the requirement.
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| | (5)
| A report under subsection (4) shall be made-
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| | | (a) in such form as may be specified in the requirement under that subsection; and
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| | | (b) within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Police Authority and the Secretary of State.
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| | (6)
| The Secretary of State may arrange, or require the Police Authority to arrange, for a report under subsection (4) to be published in such manner as appears to him to be appropriate.
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| Annual and other reports by Chief Constable to Police Authority.
| 48. - (1) | The Chief Constable shall, not later than 3 months after the end of each financial year, susectionit to the Police Authority a general report on the policing of Northern Ireland during that year.
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| | (2)
| The Chief Constable shall arrange for a report susectionitted under subsection (1) to be published in such manner as appears to him to be appropriate.
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| | (3)
| The Chief Constable shall, whenever so required by the Police Authority, susectionit to the Authority a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement.
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| | (4)
| A report under subsection (3) shall be made-
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| | | (a) in such form as may be specified in the requirement under that subsection; and
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| | | (b) within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the Police Authority.
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| | (5)
| If it appears to the Chief Constable that a report in compliance with subsection (3) would contain information which-
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| | | (a) in the public interest ought not to be disclosed; or
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| | | (b) is not needed for the discharge of the functions of the Police Authority,
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| | | he may request the Authority to refer the requirement to susectionit the report to the Secretary of State, and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.
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| | (6)
| The Police Authority may arrange, or require the Chief Constable to arrange, for a report under subsection (3) to be published in such manner as appears to the Authority to be appropriate.
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| Reports by Chief Constable to Secretary of State.
| 49. - (1) | The Chief Constable shall, whenever so required by the Secretary of State, susectionit to the Secretary of State a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement.
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| | (2)
| A report under subsection (1) shall be made-
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| | | (a) in such form as may be specified in the requirement under that subsection; and
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| | | (b) within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the Secretary of State.
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| | (3)
| The Secretary of State may arrange, or require the Chief Constable to arrange, for a report under subsection (1) to be published in such manner as appears to the Secretary of State to be appropriate.
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| | (4)
| The Chief Constable shall, at the same time as he susectionits a report to the Police Authority under section 48(1), susectionit the same report to the Secretary of State.
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| | (5)
| The Secretary of State shall lay before both Houses of Parliament every report susectionitted to him under subsection (4).
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