OpenLegislation

Section 42 Publication of reports of inspectors of constabulary.C1 C2

Northern Ireland

(1)

Subject to subsection (2), the F1Department of Justice shall arrange for any report received by F2it under section 41(2) F3...F4and any report of an inspection under section 41(4)(a) to be published in such manner as appears to it to be appropriate.

(2)

The F5Department of Justice may exclude from publication under subsection (1) any part of a report if, in F6its opinion, the publication of that part—

(a)

would be F7... prejudicial to public order; or

(b)

might jeopardise the safety of any person.

(3)

The F8Department of Justice shall send a copy of the published report to—

(a)

the F9Board; and

(b)

the Chief Constable.

(4)

The Board shall invite the Chief Constable to submit comments on the published report to F10the Board before such date as it may specify.

(5)

The Boardshall prepare comments on the published report and shall arrange for—

(a)

its comments;

(b)

any comments submitted by the Chief Constable in accordance with subsection (4); and

(c)

any response which the Board has to the comments submitted by the Chief Constable,

to be published in such manner as appears to the Board to be appropriate.

(6)

The Board shall send a copy of any document published under subsection (5) to the F11Department of Justice.

F12(6A)

In relation to a report received by the Secretary of State under section 41(3B)—

(a)

subsections (1) to (6) above apply as if references to the Department of Justice were references to the Secretary of State;

(b)

under subsection (2) above, the Secretary of State may also exclude from publication under subsection (1) any part of the report if, in the Secretary of State’s opinion, the publication of that part would be against the interests of national security.

F13(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 42(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(a)(i) (with arts. 28-31)
F2: Words in s. 42(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(a)(ii) (with arts. 28-31)
F3: Word in s. 42(1) omitted (1.4.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 117(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)
F4: Words in s. 42(1) inserted (28.2.2003) by Police (Northern Ireland) Act 2000 (c. 32), ss. 30(10), 79(1); S.R. 2003/66, art. 3
F5: Words in s. 42(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(b)(i) (with arts. 28-31)
F6: Word in s. 42(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(b)(ii) (with arts. 28-31)
F7: Words in s. 42(2) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(b)(iii) (with arts. 28-31)
F8: Words in s. 42(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(c) (with arts. 28-31)
F9: Words in s. 42(3)(a)(4)-(7) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.
F10: Words in s. 42(4)(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(e); S.R. 2001/396, art. 2, Sch.
F11: Words in s. 42(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(d) (with arts. 28-31)
F12: S. 42(6A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(e) (with arts. 28-31)
F13: S. 42(7) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 117(3), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)

Modifications

C1: S. 42 power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(iii), 53(1); S.I. 2005/1126, art. 2(1)
C2: S. 42 power to apply conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 29(2)(c), 58(1) (with s. 36(4))

Notes on Part V

Textual amendments

F1: Words in Pt. 5 heading inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 19 (with arts. 28-31)