Police (Northern Ireland) Act 1998 in Wales

This section applies where the Department of Justice is proposing to make regulations under section 25 by virtue of subsection (2)(j) or (l) of that section.

In the case of regulations concerning officers of or below the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

In the case of regulations concerning officers above the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

This subsection applies where—

The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if Department of Justice considers that—

In all cases, before making the regulations the Department of Justice shall supply a draft of them to, and consider any representations made by—

The Department of Justice may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

No action shall be brought against a member of the police force in respect of any act done in execution of a warrant by reason of—

Where any such action is commenced, the judge may, on an application by the defendant supported by an affidavit of facts, order that the proceedings in such action be set aside with or without costs.

For the purposes of subsections (2) to (8) information is “protected information” if the inclusion of the information in a report of the inspectors under section 41 would be against the interests of national security.

If it appears to the Secretary of State that—

the Secretary of State may require the inspectors to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

The Secretary of State must, within—

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

If—

the inspectors must refer the report to the Secretary of State.

The Secretary of State must, within—

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

Where the Secretary of State has required that a report be referred to the Secretary of State under subsection (2), or the inspectors are required under subsection (4) to refer a report to the Secretary of State, the inspectors must not disclose the report to anyone apart from the Secretary of State, except—

Where the Secretary of State notifies the inspectors under subsection (3) or (5) that, in the opinion of the Secretary of State, a report contains protected information—

When the inspectors provide to anyone a report from which information has been excluded under subsection (7), they must at the same time provide the report to the Secretary of State.

For the purposes of subsections (10) to (14) information is “protected information” if it is information that, in the interests of national security, ought not to be disclosed by the inspectors.

If it appears to the Secretary of State that any requirement imposed on the inspectors by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, the Secretary of State may require the inspectors to refer the matter to the Secretary of State.

If it appears to the inspectors that any requirement imposed on them by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, they must refer the matter to the Secretary of State.

The Secretary of State must, within—

notify the inspectors whether, in the opinion of the Secretary of State, the information in question is or includes protected information.

Where the inspectors are required under subsection (10) or (11) to refer a matter to the Secretary of State, they must not disclose the information in question to anyone apart from the Secretary of State, except—

Where the Secretary of State notifies the inspectors under subsection (12) that, in the opinion of the Secretary of State, the information in question is or includes protected information—

On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part—

insofar as the complaint relates to conduct forming part of the Troubles.

On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Chief Constable, the Board, the Director or the Department of Justice is to cease to deal with any complaint referred before that day under section 52(6) insofar as the complaint relates to conduct forming part of the Troubles.

On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman—

insofar as the matter relates to conduct forming part of the Troubles.

This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if—

For the purposes of subsection (4)—

In this section—

• “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act);

• “formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).

For the purposes of this Part there shall be a Police Ombudsman for Northern Ireland.

The person for the time being holding the office of Police Ombudsman for Northern Ireland shall by that name be a corporation sole.

Schedule 3 shall have effect in relation to the Police Ombudsman for Northern Ireland (in this Part referred to as “the Ombudsman”).

The Ombudsman shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to secure—

The Independent Commission for Police Complaints for Northern Ireland is hereby abolished.

If—

the complaint shall be formally investigated as provided in subsection (2) or (3).

Where the complaint is a serious complaint, the Ombudsman shall formally investigate it in accordance with section 56.

In the case of any other complaint, the Ombudsman may as he thinks fit—

If the Ombudsman—

he may determine that the complaint is suitable for resolution through mediation.

If he does so, he must inform the complainant and the member of the police force concerned.

If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator.

Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings.

But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation.

If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint.

An agreement under section 60ZB may at any time be varied or terminated—

Before making an order under section 60ZB the Secretary of State must consult the Ombudsman and such persons as the Secretary of State thinks appropriate.

An agreement or order under section 60ZB may provide for payment by the Secretary of State to or in respect of the Ombudsman.

An agreement or order under section 60ZB must relate only to the exercise of enforcement functions—

An agreement or order under section 60ZB must relate only to the exercise of enforcement functions on or after the day on which the agreement or order is made.

An agreement or order under section 60ZB must not provide for procedures in relation to so much of any complaint or matter as relates to functions conferred by or under Part 8 of the Immigration and Asylum Act 1999 (detained persons & removal centres etc.).

An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR.

Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures.

An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

Before making an order under this section the Secretary of State must consult—

Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland.

In this section—

• “ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

• “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

The Ombudsman shall consult the Board as to—

The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

the Ombudsman shall not investigate it.

Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.

Any person who—

shall be guilty of an offence.

A person guilty of an offence under subsection (1) shall be liable—

on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

any expenses of the Secretary of State under this Act; and

any increase attributable to this Act in the sums so payable under any other statutory provision.

The statutory provisions mentioned in Schedule 4 shall be amended as provided in that Schedule.

Schedule 5 (which contains transitional provisions and savings) shall have effect.

The statutory provisions mentioned in Schedule 6 are repealed to the extent specified in the third column of that Schedule.

In the M1Northern Ireland (Modification of Enactments – No. 1) Order 1973 the following provisions are revoked, namely—

This Act shall come into operation on such day as the Secretary of State may by order appoint.

An order under this section may appoint different days for different purposes and for different provisions.

Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

Paragraph 8 of Schedule 3 extends throughout the United Kingdom.

The amendment or repeal by this Act of any provision of—

has the same extent as that provision.

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.

Arrangements under this paragraph with the chief officer of a police force in Great Britain shall provide for the payment by the Ombudsman to theF1local policing body police authority maintaining that police force of such contribution as may be determined by or in accordance with the arrangements.

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.

Notwithstanding anything in any other statutory provision, a member of a police force in Great Britain shall, while engaged on relevant service—

and subsection (3) of F2section 32 of the Police (Northern Ireland) Act 2000 applies for the purposes of this sub-paragraph as it applies for the purposes of subsection (2) of that section.

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.

The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay—

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).

In the application of this paragraph to England and Wales, any expression used in this paragraph and in the M1Police Act 1996 has the same meaning in this paragraph as in that Act.

In the application of this paragraph to Scotland, F3the reference to “police authority” is to the Scottish Police Authority.

The Ombudsman may, for the purposes of his functions as such, acquire, hold and dispose of real or personal property.

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.

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.

The Police (Scotland) Act 1967 shall be amended as follows.

In section 38A(1) after paragraph (c) there shall be inserted—

“(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;”.

In section 38A(6)(c) after “paragraph” insert “ (ca) or ”.

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) ”.

The Police Act 1996 shall be amended as follows.

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 ”.

In section 97(1) after paragraph (e) there shall be inserted—

“(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;”.

In section 97(6)(c) after “paragraph” insert “ (ea) or ”.

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) ”.

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

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.

This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 6).

Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the transfer date is employed by the Commission.

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.

Without prejudice to sub-paragraph (2)—

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.

This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.

Where a person—

he shall be treated as if he were a person to whom this paragraph applies.

ceases to be a member of the Commission by reason of its abolition; and

does not become the Ombudsman,

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—

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.