# Justice Act (Northern Ireland) 2011, Paragraph 8

Extent: N.I.

(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—
(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;
(b) in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;
(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);
(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;
(e) P has failed to comply with the terms of P's appointment; or
(f) P is otherwise unable or unfit to discharge P's functions as a member of the DPCSP.
(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—
(a) before the nomination of that member, to the council which nominated that member; and
(b) before the appointment of that member, to the Policing Board.
(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.
(4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—
(a) in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a DPCSP ”;
(b) omit subsection (4);
(c) in subsection (5), in the definition of “public meeting” after paragraph (c) insert—
“(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”.

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Source: https://www.legislation.gov.uk/nia/2011/24/schedule/2/paragraph/8 (the official version)
Page: https://openlegislation.uk/justice-act-northern-ireland-2011/schedule-2/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

