| | S C H E D U L E S
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SCHEDULE 1
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| | THE POLICE AUTHORITY FOR NORTHERN IRELAND
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Status
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| 1. | The Police Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Authority's property shall not be regarded as property of or property held on behalf of the Crown.
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Constitution
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| 2. - (1) | The Police Authority shall consist of-
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| | (a) a chairman;
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| | (b) a vice-chairman; and
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| | (c) not less than 14 nor more than 20 other members,
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| | appointed by the Secretary of State.
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| (2) |
The Secretary of State may by order amend the numbers for the time being specified in sub-paragraph (1)(c).
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| (3) |
The Secretary of State shall so exercise his powers of appointment under this paragraph as to secure that as far as is practicable the membership of the Police Authority is representative of the community in Northern Ireland.
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| (4) |
In connection with the making of appointments under this paragraph, the Secretary of State shall consult-
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| | (a) all district councils; and
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| | (b) such other bodies as he considers appropriate.
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| (5) |
The Secretary of State shall publish, in such manner as he considers appropriate, the names of bodies consulted by him under sub-paragraph (4)(b).
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| Term of office
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| 3. - (1) | Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member or as chairman or vice-chairman of the Police Authority in accordance with the terms of his appointment.
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| (2) |
The chairman, vice-chairman and other members of the Police Authority shall be appointed for a term of 3 years, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed.
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| (3) |
A person may at any time resign as a member or as chairman or vice-chairman of the Police Authority by notice in writing to the Secretary of State.
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| (4) |
The Secretary of State may remove a person from office as a member or as chairman or vice-chairman of the Police Authority if satisfied that-
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| (a) he has been convicted of a criminal offence;
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| | (b) he has become bankrupt or made a composition or arrangement with his creditors;
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| | (c) he has failed to comply with the terms of his appointment; or
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| | (d) he is otherwise unable or unfit to discharge his functions.
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| (5) |
A member of the Police Authority whose term of office expires or who has resigned shall be eligible for re-appointment.
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| | Remuneration and allowances
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| 4.
| The Police Authority may pay- |
| | (a) to the chairman and vice-chairman of the Authority, such remuneration and allowances;
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| | (b) to the other members of the Authority such allowances,
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| | as the Authority, with the approval of the Secretary of State, may determine.
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| | Procedure
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| 5. - (1) | The quorum for a meeting of the Police Authority shall be 8.
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| (2) |
Every question at a meeting of the Police Authority shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.
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| (3) |
If both the chairman and vice-chairman are absent from a meeting of the Police Authority, the members present shall elect one of their number to act as chairman of the meeting.
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| (4) |
Subject to sub-paragraphs (1) to (3), the Police Authority may regulate its own procedure.
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| | Validity of proceedings
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| 6.
| The validity of any proceedings of the Police Authority or a committee thereof shall not be affected by-
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| | (a) any defect in the appointment of the chairman, vice-chairman or any other member; or
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| | (b) any vacancy in the office of chairman or vice-chairman or among the other members.
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| | Seal
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| 7.
| The application of the seal of the Police Authority shall be authenticated by the signatures of-
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| | (a) two members of the Authority; and
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| | (b) the secretary to the Authority or some other person generally or specially authorised by the Authority to act for that purpose.
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| | Contracts, etc.
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| 8. - (1) | Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Police Authority by any person generally or specially authorised by the Authority to act for that purpose.
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| (2) |
Before entering into contracts for the supply of goods or the execution of works, the Police Authority shall comply with such requirements as the Secretary of State may direct.
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| | Evidence
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| 9.
| A document purporting to be- |
| (a) duly executed under the seal of the Police Authority; or
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| | (b) signed on behalf of the Authority,
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| | shall be received in evidence and, unless the contrary is proved, shall be deemed to be so executed or signed.
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| | Disclosure of pecuniary interests, family connections, etc.
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| 10.
| Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act Northern Ireland) 1972 (and section 148 of that Act so far as applying for the interpretation of those sections) shall apply to the Police Authority and its members as if-
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| (a) in those sections-
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| | (i) any reference to a council were a reference to the Police Authority;
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| | (ii) any reference to a councillor were a reference to a member of the Police Authority;
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| | (iii) any reference to the clerk of the council were a reference to the secretary to the Police Authority or such other officer of that Authority as the Secretary of State may specify;
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| | (b) in section 28(4) of that Act for the words from "by any local elector" to the end there were substituted the words "by any person";
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| | (c) in section 29 of that Act any reference to the Ministry were a reference to the Secretary of State.
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Committees
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| 11. - (1) |
The Police Authority may- |
| | (a) constitute committees of such 5 or more of its members as the Authority may appoint; and
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| | (b) delegate to a committee so constituted any of the functions of the Authority.
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| (2) |
The powers of any committee of the Police Authority shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Authority.
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| SCHEDULE 3
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| THE POLICE OMBUDSMAN FOR NORTHERN IRELAND
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The Ombudsman
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| 1. - (1) | The Ombudsman shall be appointed by Her Majesty.
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| (2) |
Subject to the following provisions of this paragraph, a person shall hold and vacate office as Ombudsman in accordance with the terms of his appointment.
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| (3) |
An appointment as Ombudsman may be full-time or part-time.
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| (4) |
An appointment as Ombudsman shall be for-
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| (a) a period of 7 years; or
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| (b) a period ending on the date on which the person appointed attains the age of 70,
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| whichever is the shorter.
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| (5) |
A person whose term of appointment as Ombudsman expires shall not be eligible for re-appointment.
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| (6) |
A person may at any time resign his office as Ombudsman by notice in writing to Her Majesty.
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| (7) |
The Secretary of State may call upon the Ombudsman to retire-
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| (a) in the interests of efficiency or effectiveness; or
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| (b) if satisfied that the Ombudsman has-
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| (i) been convicted of a criminal offence; or
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| (ii) become bankrupt or made a composition or arrangement with his creditors.
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| (8) |
Before calling upon the Ombudsman to retire, the Secretary of State shall give the Ombudsman an opportunity to make, either personally or otherwise, representations to him and shall consider any representations that he makes.
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| (9) |
An Ombudsman who is called upon to retire under sub-paragraph (7) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between him and the Secretary of State.
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Remuneration, pensions, allowances, etc.
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| 2. - (1) | The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Ombudsman as he may determine.
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| (2) |
Where a person ceases to hold office as Ombudsman otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.
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Staff
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| 3. - (1) | The Ombudsman may, with the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions.
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| (2) | The Ombudsman may make arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service.
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| (3) |
Employment by the Ombudsman shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply and accordingly in Schedule 1 to that Act, at the appropriate place in the list of "Other Bodies" there shall be inserted-
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| "Employment by the Police Ombudsman for Northern Ireland.".
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| (4) |
Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to the office of Ombudsman, the Minister for the Civil Service may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).
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| 4. | The Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Ombudsman.
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Assistance by members of the police force
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| 5. - (1) | The Ombudsman and the Chief Constable may enter into arrangements for members of the police force to be engaged for a period of temporary service with the Ombudsman.
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| (2) |
Arrangements under this paragraph shall provide for the payment by the Ombudsman to the Police Authority of such contribution as may be determined by or in accordance with the arrangements.
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| (3) |
In this paragraph and paragraph 6 "member of the police force" does not include the Chief Constable.
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| 6. - (1) | The Chief Constable may, on the application of the Ombudsman, provide members of the police force or other assistance for the purpose of enabling the Ombudsman to meet any special demand on his resources.
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| (2) |
If it appears to the Secretary of State-
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| (a) that it is expedient that members of the police force or other assistance should be provided for the purpose of enabling the Ombudsman to meet any special demand on his resources; and
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| (b) that satisfactory arrangements under sub-paragraph (1) cannot be made, or cannot be made in time,
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| he may direct the Chief Constable to provide such members of the police force or other assistance for that purpose as may be specified in the direction.
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| (3) |
Directions given under sub-paragraph (2) may be amended or revoked by the Secretary of State.
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| (4) |
Before giving, amending or revoking any directions under this paragraph, the Secretary of State shall consult the Chief Constable and the Ombudsman.
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| 7. - (1) | In this paragraph "relevant service" means-
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| (a) temporary service with the Ombudsman on which a member of the police force is engaged in accordance with arrangements under paragraph 5; and
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| (b) service by a member of the police force providing assistance to the Ombudsman under paragraph 6.
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| (2) |
A member of the police force on relevant service shall-
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| (a) notwithstanding section 19, be under the direction and control of the Ombudsman; but
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| (b) have the same powers and privileges and be treated in all other respects as if he were not on relevant service.
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| (3) |
The Ombudsman shall be liable in respect of torts committed by members of the police force on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
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| (4) |
The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay-
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| (a) any damages or costs awarded against a member of the police force in proceedings for a tort committed by that member while on relevant service;
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| (b) any costs incurred and not recovered by a member of the police force in such proceedings; and
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| (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
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| (5) |
The Ombudsman may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in sub-paragraph (4).
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Assistance by members of a police force in Great Britain
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| 8. - (1) | The Ombudsman may enter into arrangements with the chief officer of a police force in Great Britain for members of that police force to be engaged for a period of temporary service with the Ombudsman.
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| (2) |
Arrangements under this paragraph with the chief officer of a police force in Great Britain shall provide for the payment by the Ombudsman to the police authority maintaining that police force of such contribution as may be determined by or in accordance with the arrangements.
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| (3) |
In the following provisions of this paragraph "relevant service" means temporary service with the Ombudsman on which a member of a police force in Great Britain is engaged in accordance with arrangements under this paragraph.
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| (4) |
Notwithstanding anything in any other statutory provision, a member of a police force in Great Britain shall, while engaged on relevant service-
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| (a) be under the direction and control of the Ombudsman; and
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| (b) have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters;
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| and subsection (3) of section 18 applies for the purposes of this sub-paragraph as it applies for the purposes of subsection (2) of that section.
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| (5) |
The Ombudsman shall be liable in respect of torts committed by members of a police force in Great Britain on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
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| (6) |
The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay-
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| (a) any damages or costs awarded against a member of a police force in Great Britain in proceedings for a tort committed by that member while on relevant service;
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| (b) any costs incurred and not recovered by such a member in such proceedings; and
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| (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
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| (7) |
The Ombudsman may make arrangements for the legal representation of any member of the police force in Great Britain in any proceedings mentioned in sub-paragraph (6).
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| (8) |
In the application of this paragraph to England and Wales, any expression used in this paragraph and in the Police Act 1996 has the same meaning in this paragraph as in that Act.
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| (9) |
In the application of this paragraph to Scotland, any expression used in this paragraph and in the Police (Scotland) Act 1967 has the same meaning in this paragraph as in that Act.
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Exercise of functions
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| 9. | Any functions of the Ombudsman under this Act may be performed by any officer of the Ombudsman authorised for the purpose by the Ombudsman.
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Evidence
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| 10. | A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.
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Finance
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| 11. | The Secretary of State shall pay to the Ombudsman such sums as appear to the Secretary of State to be appropriate for defraying the expenses of the Ombudsman under this Act.
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| 12. - (1) |
The Ombudsman shall- |
| (a) keep proper accounts and proper records in relation to the accounts;
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| (b) prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct; and
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| (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
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| (2) |
The Comptroller and Auditor General shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
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Property
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| 13. - (1) |
The Ombudsman may, for the purposes of his functions as such, acquire, hold and dispose of real or personal property.
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| (2) | Any real or personal property vesting in the Ombudsman for such purposes shall (unless and until disclaimed or disposed of) vest in his successor in office for the time being.
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| (3) |
Where there is a vacancy in the office of Ombudsman at the time when real or personal property would otherwise have vested, the property shall vest in the successor on his appointment.
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| SCHEDULE 4
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| AMENDMENTS
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The Incitement to Disaffection Act 1934 (c. 56)
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| 1. | In section 2(4) of the Incitement to Disaffection Act 1934 for "the Police (Property) Act 1897" there shall be substituted "section 31 of the Police (Northern Ireland) Act 1998".
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The Police (Overseas Service) Act 1945 (c. 17)
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| 2. | The Police (Overseas Service) Act 1945 shall extend to Northern Ireland and section 3(4) of that Act shall accordingly cease to have effect.
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The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
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| 3. - (1) | Section 43(2) of the Interpretation Act (Northern Ireland) 1954 shall be amended as follows.
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| (2) |
At the appropriate place in alphabetical order there shall be inserted-
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| ""Chief Constable" shall mean the Chief Constable of the Royal Ulster Constabulary;".
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| (3) |
For the definition of "constable" there shall be substituted-
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| ""constable", except when used in enactments relating to the pay or pensions of, or the general administration of, the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, shall include-
(a) any member of the Royal Ulster Constabulary;
(b) any member of the Royal Ulster Constabulary Reserve;
(c) any member of any Harbour or Airport Police;
(d) any member of the Naval, Military or Royal Air Force Police or of the Ministry of Defence Police;
(e) any other person having for the time being the powers of a constable;".
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| (4) |
The definitions of "county inspector", "Inspector General" and "member of the Royal Ulster Constabulary" shall be omitted.
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| (5) |
For the definition of "reserve constable" there shall be substituted-
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| ""reserve constable" shall mean a person appointed a reserve constable under section 23 of the Police (Northern Ireland) Act 1998;".
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The Police (Scotland) Act 1967 (c. 77)
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| 4. - (1) | The Police (Scotland) Act 1967 shall be amended as follows.
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| (2) |
In section 38A(1) after paragraph (c) there shall be inserted-
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| "(ca) temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;".
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| (3) |
In section 38A(6)(c) after "paragraph" insert "(ca) or".
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| (4) |
In section 38A(7)(b) after "by or on behalf of" there shall be inserted "the Police Ombudsman for Northern Ireland or (as the case may be)".
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The Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))
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| 5. | In section 93(3) of the Local Government Act (Northern Ireland) 1972 for "section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968" there shall be substituted "section 66 of the Police (Northern Ireland) Act 1998".
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The Superannuation (Northern Ireland) Order 1972 (NI 10)
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| 6. | In Article 15 of the Superannuation (Northern Ireland) Order 1972 for paragraphs (c), (d) and (e) there shall be substituted-
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| "(c) regulations relating to pensions under section 25 or 26 of the Police (Northern Ireland) Act 1998".
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The Overseas Pensions Act 1973 (c. 21)
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| 7. | In section 2(2)(d) of the Overseas Pensions Act 1973 after sub-paragraph (ii) there shall be inserted "or
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| (iii) a member of the Royal Ulster Constabulary engaged on relevant service within the meaning of section 27(1)(d), (g) or (h) of the Police (Northern Ireland) Act 1998,".
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The House of Commons Disqualification Act 1975 (c. 24)
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| 8. | In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order-
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| "The Police Ombudsman for Northern Ireland.".
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The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
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| 9. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order-
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| "The Police Ombudsman for Northern Ireland.".
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The Fair Employment (Northern Ireland) Act 1976 (c. 25)
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| 10. - (1) | Section 53 of the Fair Employment (Northern Ireland) Act 1976 shall be amended as follows.
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| (2) |
After subsection (4) there shall be inserted-
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| "(4A) In the application of this section to the police force-
(a) in subsection (2) for the words "as expenses of the police authority" there shall be substituted the words "out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 1998"; and
(b) subsection (4) shall be omitted.".
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| (3) |
In subsection (6) in the definition of "police force" for "Police Act (Northern Ireland) 1970" there shall be substituted "Police (Northern Ireland) Act 1998".
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The Animals (Northern Ireland) Order 1976 (NI 13)
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| 11. |
In Article 10(9) of the Animals (Northern Ireland) Order 1976 for the words from "has the same meaning" to the end there shall be substituted "means a member of the Royal Ulster Constabulary holding the rank of inspector or a higher rank".
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The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
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| 12. - (1) | Article 19 of the Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.
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| (2) |
In paragraph (2) for the words from the beginning to "1970" there shall be substituted "Regulations under section 25 or 26 of the Police (Northern Ireland) Act 1998".
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| (3) |
After paragraph (4) there shall be inserted-
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| "(4A) In the application of paragraph (4) to the police force, for the words "as expenses of the police authority" there shall be substituted the words "out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 1998".".
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| (4) |
In paragraph (6) in the definition of "police force" for "Police Act (Northern Ireland) 1970" there shall be substituted "Police (Northern Ireland) Act 1998".
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The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
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| 13. | In Article 8(3) of the Criminal Damage (Northern Ireland) Order 1977 for "The Police (Property) Act 1897" there shall be substituted "Section 31 of the Police (Northern Ireland) Act 1998" and for "that Act" there shall be substituted "that section".
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The Customs and Excise Act 1979 (c. 2)
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| 14. | In section 139(4)(c) of the Customs and Excise Act 1979 for "the Police (Property) Act 1897" there shall be substituted "section 31 of the Police (Northern Ireland) Act 1998".
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The Firearms (Northern Ireland) Order 1981 (NI 2)
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| 15. | In Schedule 1 to the Firearms (Northern Ireland) Order 1981 in paragraph 4 after "1968" there shall be inserted "or section 66 of the Police (Northern Ireland) Act 1998".
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The Ministry of Defence Police Act 1987 (c. 4)
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| 16. | In section 1(2)(c) of the Ministry of Defence Police Act 1987 for "taking and subscribing the oath" there shall be substituted "making the declaration".
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The Official Secrets Act 1989 (c. 6)
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| 17. | In section 12(1)(e) of the Official Secrets Act 1989 for "Police Act (Northern Ireland) 1970" there shall be substituted "Police (Northern Ireland) Act 1998".
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The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
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| 18. - (1) |
The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
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| (2) |
In Article 7(1) for "section 15 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 48(1) of the Police (Northern Ireland) Act 1998".
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| (3) |
In Article 24(5) for "section 1 of the Police (Property) Act 1897" there shall be substituted "section 31 of the Police (Northern Ireland) Act 1998".
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| (4) |
In Article 50(2) for "section 15(1) of the Police Act (Northern Ireland) 1970" there shall be substituted "section 48(1) of the Police (Northern Ireland) Act 1998".
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| (5) |
In Article 56(14) for "section 15(1) of the Police Act (Northern Ireland) 1970" there shall be substituted "section 48(1) of the Police (Northern Ireland) Act 1998".
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| (6) |
In Article 84 in paragraphs (1) and (2) for "chief superintendent" there shall be substituted "assistant chief constable".
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The Criminal Justice (Northern Ireland) Order 1994 (NI 15)
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| 19. | In Article 12(3) of the Criminal Justice (Northern Ireland) Order 1994 for sub-paragraphs (a) and (b) there shall be substituted-
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| "(a) before the end of the period of 6 months beginning on the date on which the order under Article 11 was made; or
(b) if a successful application under section 31(1) of the Police (Northern Ireland) Act 1998 has been made.".
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The Police Act 1996 (c. 16)
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| 20. - (1) |
The Police Act 1996 shall be amended as follows.
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| (2) |
In section 63(1A)(a) for "section 21 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 27 of the Police (Northern Ireland) Act 1998".
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| (3) |
In section 97(1) after paragraph (e) there shall be inserted-
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"(ea) temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;".
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| (4) |
In section 97(6)(c) after "paragraph" insert "(ea) or".
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| (5) |
In section 97(7)(b) after "by or on behalf of" there shall be inserted "the Police Ombudsman for Northern Ireland or (as the case may be)".
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| (6) | In section 98(8) for "Police Act (Northern Ireland) 1970" there shall be substituted "Police (Northern Ireland) Act 1998".
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The Juries (Northern Ireland) Order 1996 (NI 6)
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| 21.
| In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entry "Members and staff of the Independent Commission for Police Complaints for Northern Ireland" there shall be substituted-
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| The Police Ombudsman for Northern Ireland and persons employed by him.".
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The Police Act 1997 (c. 50)
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| 22. - (1) |
The Police Act 1997 shall be amended as follows.
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| (2) |
In section 6(3)(d) for "section 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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| (3) |
In section 9(2)(b) for "section 21 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 27 of the Police (Northern Ireland) Act 1998".
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| (4) |
In section 9(3)(c) for "section 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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| (5) |
In section 21(3) for "section 25(2)(k) of the Police Act (Northern Ireland) 1970" there shall be substituted "section 25(2)(k) of the Police (Northern Ireland) Act 1998".
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| (6) | In section 23(5) for "section 6(2) of the Police Act (Northern Ireland) 1970" there shall be substituted "section 19(1) of the Police (Northern Ireland) Act 1998".
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| (7) |
In sections 30(1)(c) and 40 for "section 16 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 41 of the Police (Northern Ireland) Act 1998".
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| (8) |
In section 39(2)(b) for the words from "Police (Amendment)" to the end there shall be substituted "Part VII of the Police (Northern Ireland) Act 1998, and for that purpose the regulations may confer additional functions on the Police Ombudsman for Northern Ireland.".
|
| (9) |
In sections 52(3)(d) and 55(3)(c) for "section 25 of the Police Act (Northern Ireland) 1970" there shall be substituted "section 25 of the Police (Northern Ireland) Act 1998".
|
|
The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
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| 23. | In Article 44(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 for "persons appointed or deemed to have been appointed for the purpose" there shall be substituted "traffic wardens appointed".
|
|
The Race Relations (Northern Ireland) Order 1997 (NI 6)
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| 24. - (1) |
Article 17 of the Race Relations (Northern Ireland) Order 1997 shall be amended as follows.
|
| (2) | After paragraph (3) there shall be inserted-
|
| "(3A) In the application of this Article to the police force-
(a) in paragraph (2) for the words "as expenses of the police authority" there shall be substituted the words "out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 1998"; and
(b) paragraph (3) shall be omitted.".
|
| (3) |
In paragraph (4) in the definition of "police force" for "Police Act (Northern Ireland) 1970" there shall be substituted "Police (Northern Ireland) Act 1998".
|
|
The Police (Health and Safety)(Northern Ireland) Order 1997 (NI 16)
|
| 25. | In Article 7(3) of the Police (Health and Safety)(Northern Ireland) Order 1997 in the definition of "the relevant fund" after paragraph (a) there shall be inserted-
|
| "(aa) in relation to the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 1998; and".
|
| 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 other gratuities or allowances is repealed by this Act and not re-enacted, that repeal does not affect the future operation of that provision as respects pensions, gratuities or allowances in respect of any service completed before the date on which the repeal takes effect.
|
|
Statutory references to Royal Irish Constabulary, etc.
|
| 2. | Any reference in any statutory provision passed or made before 1st June 1922 to a person holding a particular rank in the Royal Irish Constabulary shall be construed as a reference to a member of the Royal Ulster Constabulary of the corresponding rank.
|
|
Power to make other transitional or saving provisions
|
| 3. | The Secretary of State may by order make such other transitional or saving provisions as appear to him to be necessary or expedient in connection with the coming into operation of any provision of this Act.
|
| |
| PART II
|
| THE POLICE OMBUDSMAN FOR NORTHERN IRELAND
|
|
Interpretation
|
| 4. | In this Part-
|
| "the Commission" means the Independent Commission for Police Complaints for Northern Ireland;
|
| "the Ombudsman" means the Police Ombudsman for Northern Ireland;
|
| "the transfer date" means the day appointed by order under section 75 for the coming into operation of section 51(5).
|
|
Transfer of property, rights and liabilities of Commission
|
| 5. - (1) | On the transfer date all property, rights and liabilities which immediately before that date were property, rights and liabilities of the Commission shall be transferred to, and by virtue of this paragraph vest in, the Ombudsman.
|
| (2) |
This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 6).
|
|
Transfer of staff
|
| 6. - (1) | Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the transfer date is employed by the Commission.
|
| (2) |
A contract of employment between a person to whom this paragraph applies and the Commission shall have effect from the transfer date as if originally made between that person and the Ombudsman.
|
| (3) |
Without prejudice to sub-paragraph (2)- |
| (a) all the Commission's rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies shall by virtue of this paragraph be transferred to the Ombudsman on the transfer date; and
|
| (b) anything done before that date by or in relation to the Commission in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Ombudsman.
|
| (4) |
Sub-paragraphs (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this paragraph.
|
| (5) |
This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.
|
| (6) |
Where a person- |
| (a) has, prior to the transfer date, entered into a contract of employment with the Commission which is to come into effect on or after that date; and
|
| (b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,
|
| he shall be treated as if he were a person to whom this paragraph applies.
|
|
Legal proceedings
|
| 7. | Any legal proceedings by or against the Commission which are pending immediately before the transfer date may be continued on and after that date by or against the Ombudsman.
|
|
Payments to former members of the Commission
|
| 8. | Where a person-
|
| (a) ceases to be a member of the Commission by reason of its abolition; and
|
| (b) does not become the Ombudsman,
|
| the Secretary of State may make to the person a payment of such amount as the Secretary of State may determine.
|
|
Information received by Commission
|
| 9. - (1) | No information received by the Commission in connection with any complaint shall be disclosed by any person who has been a member, officer or servant of the Commission except-
|
| (a) to the Secretary of State, the Ombudsman or an officer of the Ombudsman;
|
| (b) to any other person, so far as may be necessary for the proper discharge of the functions of the Ombudsman; or
|
| (c) for the purpose of any criminal, civil or disciplinary proceedings.
|
| (2) |
Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
|
|
Financial year
|
| 10. | The first financial year of the Ombudsman shall be the period beginning with the transfer date and ending with the first 31st March which falls at least 6 months after that date.
|
|
Stamp duty
|
| 11. | Stamp duty shall not be chargeable in respect of any transfer effected by this Schedule.
|
