Police (Northern Ireland) Act 1998

Section 1.

SCHEDULE 1The Police Authority for Northern Ireland

Status

1The 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.

Constitution

2(1)The Police Authority shall consist of—

(a)a chairman;

(b)a vice-chairman; and

(c)not less than 14 nor more than 20 other members,

appointed by the Secretary of State.

(2)The Secretary of State may by order amend the numbers for the time being specified in sub-paragraph (1)(c).

(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.

(4)In connection with the making of appointments under this paragraph, the Secretary of State shall consult—

(a)all district councils; and

(b)such other bodies as he considers appropriate.

(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).

Term of office

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.

(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.

(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.

(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—

(a)he has been convicted of a criminal offence;

(b)he has become bankrupt or made a composition or arrangement with his creditors;

(c)he has failed to comply with the terms of his appointment; or

(d)he is otherwise unable or unfit to discharge his functions.

(5)A member of the Police Authority whose term of office expires or who has resigned shall be eligible for re-appointment.

Remuneration and allowances

4The Police Authority may pay—

(a)to the chairman and vice-chairman of the Authority, such remuneration and allowances;

(b)to the other members of the Authority such allowances,

as the Authority, with the approval of the Secretary of State, may determine.

Procedure

5(1)The quorum for a meeting of the Police Authority shall be 8.

(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.

(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.

(4)Subject to sub-paragraphs (1) to (3), the Police Authority may regulate its own procedure.

Validity of proceedings

6The validity of any proceedings of the Police Authority or a committee thereof shall not be affected by—

(a)any defect in the appointment of the chairman, vice-chairman or any other member; or

(b)any vacancy in the office of chairman or vice-chairman or among the other members.

Seal

7The application of the seal of the Police Authority shall be authenticated by the signatures of—

(a)two members of the Authority; and

(b)the secretary to the Authority or some other person generally or specially authorised by the Authority to act for that purpose.

Contracts, etc.

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.

(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.

Evidence

9A document purporting to be—

(a)duly executed under the seal of the Police Authority; or

(b)signed on behalf of the Authority,

shall be received in evidence and, unless the contrary is proved, shall be deemed to be so executed or signed.

Disclosure of pecuniary interests, family connections, etc.

10Sections 28 to 33, 42, 46, 47 and 146 of the [1972 c. 9 (N.I.).] 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—

(a)in those sections—

(i)any reference to a council were a reference to the Police Authority;

(ii)any reference to a councillor were a reference to a member of the Police Authority;

(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;

(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”;

(c)in section 29 of that Act any reference to the Ministry were a reference to the Secretary of State.

Committees

11(1)The Police Authority may—

(a)constitute committees of such 5 or more of its members as the Authority may appoint; and

(b)delegate to a committee so constituted any of the functions of the Authority.

(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.