{
  "url": "https://openlegislation.uk/justice-act-northern-ireland-2011/schedule-2/paragraph-8",
  "json_url": "https://openlegislation.uk/justice-act-northern-ireland-2011/schedule-2/paragraph-8.json",
  "legislation": "nia/2011/24",
  "legislation_title": "Justice Act (Northern Ireland) 2011",
  "legislation_url": "https://openlegislation.uk/justice-act-northern-ireland-2011",
  "path": "schedule/2/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "(1) The Policing Board, or the council with the approval of the Policing Board, may remove a person (“P”) from office as a political or independent member of a DPCSP if satisfied that—\n(a) in the case of an independent member, P failed to make the necessary disclosure in relation to P's conviction for a criminal offence in Northern Ireland or elsewhere;\n(b) in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;\n(c) P has been convicted in Northern Ireland or elsewhere after the date of P's appointment of a criminal offence (whether committed before or after that date);\n(d) P has become bankrupt or P is the subject of a bankruptcy restrictions order or P has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order, or has made a composition or arrangement with P's creditors;\n(e) P has failed to comply with the terms of P's appointment; or\n(f) P is otherwise unable or unfit to discharge P's functions as a member of the DPCSP.\n(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—\n(a) before the nomination of that member, to the council which nominated that member; and\n(b) before the appointment of that member, to the Policing Board.\n(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.\n(4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—\n(a) in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a DPCSP ”;\n(b) omit subsection (4);\n(c) in subsection (5), in the definition of “public meeting” after paragraph (c) insert—\n“(d) any meeting of a PCSP or a DPCSP or a committee of a PCSP or DPCSP (whether or not a meeting which the public is permitted to attend), and”.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 8(1)(d) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), Sch. para. 21(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 8(1)(d) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 27(3)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 8(1)(d) substituted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 27(3)(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 8 in operation at 1.4.2012 by S.R. 2012/142, art. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2011/24/schedule/2/paragraph/8",
    "retrieved_at": "2026-10-29T20:20:43.017346+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}