Police (Northern Ireland) Act 2000

Part VN.I. Economy, efficiency and effectiveness

28 Arrangements relating to economy, efficiency and effectiveness.N.I.

(1)The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2)The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.

(3)The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.

(4)The Board shall prepare and publish a plan (its “performance plan”) for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.

(5)The performance plan shall—

(a)identify factors (“performance indicators”) by reference to which performance in exercising functions can be measured;

(b)set standards (“performance standards”) to be met in the exercise of particular functions in relation to performance indicators; F1...

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(5A)The Board shall prepare and publish for each financial year a summary (its “performance summary”) of the Board’s assessment of—

(a)its and the Chief Constable’s performance in the year measured by reference to performance indicators;

(b)the extent to which any performance standard which applied at any time during that year was met.

(5B)The performance summary for a financial year may be published—

(a)with a report issued under section 57(1) for the year, or

(b)with the performance plan for the following year.]

(6)Before publishing its performance plan [F3or publishing its performance summary] , the Board must consult the [F4Department of Justice] and the Chief Constable.

(7)In this Part—

• “performance indicators” and “performance standards” have the meaning given in subsection (5); and

• “performance plan” means a plan published by the Board under subsection (4) [F5; and

• “performance summary” means a summary prepared by the Board under subsection (5A)].

29 Audit of performance plans.N.I.

(1)A performance plan [F6and a performance summary] shall be audited by the Comptroller and Auditor General [F7for Northern Ireland].

(2)An audit of a performance plan [F8or a performance summary ] is an examination for the purpose of establishing whether the plan [F8or summary] was prepared and published in accordance with the requirements of section 28.

[F9(3) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.]

(4)In relation to a performance plan, the Comptroller and Auditor General [F10for Northern Ireland] shall issue a report—

(a)certifying that he has audited the plan;

(b)stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c)stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;

(d)if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(e)recommending whether the [F11Department of Justice] should give a direction under section 31(2)(a) or (b).

[F12(4A)In relation to a performance summary, the Comptroller and Auditor General [F13for Northern Ireland] shall issue a report—

(a)certifying that he has audited the summary;

(b)stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c)if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(d)recommending whether the [F14Department of Justice] should give a direction under section 31(2)(a).]

(5)The Comptroller and Auditor General [F15for Northern Ireland] shall send a copy of every report under this section to—

(a)the Board;

(b)the Chief Constable; and

(c)the [F16Department of Justice].

(6)The Comptroller and Auditor General [F17for Northern Ireland] shall publish any report under this section on the audit of a performance plan [F18or a performance summary].

(7)Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4) [F19or paragraph (c) or (d) of subsection (4A)].

(8)Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.

(9)The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).

(10)The Board shall, without delay, submit the statement it has prepared to the [F20Department of Justice] and the Comptroller and Auditor General [F21for Northern Ireland].

(11)The statement shall—

(a)specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;

(b)contain a summary of the result of the consultation required by subsection (9).

30 Examinations.N.I.

(1)The Comptroller and Auditor General [F22for Northern Ireland] may carry out an examination of the Board’s compliance with the requirements of section 28.

(2)If the [F23Department of Justice] directs the Comptroller and Auditor General [F24for Northern Ireland] to carry out an examination of the Board’s compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General [F24for Northern Ireland] shall comply with the direction.

(3)Before giving a direction under subsection (2), the [F25Department of Justice] shall consult the Comptroller and Auditor General [F26for Northern Ireland].

[F27(4)Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.]

(5)Where the Comptroller and Auditor General [F28for Northern Ireland] has carried out an examination under this section he shall issue a report.

(6)A report—

(a)shall mention any matter in respect of which the Comptroller and Auditor General [F29for Northern Ireland] believes as a result of the examination that the Board is failing to comply with the requirements of section 28;

(b)may, if it mentions a matter under paragraph (a), recommend that the [F30Department of Justice] give a direction under section 31(2)(a) or (b).

(7)The Comptroller and Auditor General [F31for Northern Ireland] shall send a copy of every report under this section to—

(a)the Board;

(b)the Chief Constable; and

(c)the [F32Department of Justice].

(8)The Comptroller and Auditor General [F33for Northern Ireland] shall lay copies of every report under this section before [F34the Northern Ireland Assembly].

[F35(8A)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.]

(9)In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted—

“(4)The inspectors shall—

(a)if the Secretary of State so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

(b)carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct;

(c)make such reports as the Secretary of State may from time to time direct.”

(10)In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after “under section 41(2) or (3)” there shall be inserted “ and any report of an inspection under section 41(4)(a) ”.

31 Enforcement of duties under section 28.N.I.

(1)Subsection (2) applies if the [F36Department of Justice] has received a report under section 29(4) [F37or (4A)] or 30(5) of this Act, or section 41(4) of the 1998 Act, and [F38it] is satisfied that—

(a)the Board is failing to comply with the requirements of section 28; or

(b)it is appropriate to change performance indicators or performance standards contained in a performance plan.

(2)Subject to subsection (3), the [F39Department of Justice] may direct the Board—

(a)to take any action which [F40the Department of Justice] considers necessary or expedient to secure compliance with the requirement of section 28; or

(b)to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as [F40the Department of Justice] considers appropriate.

[F41(3)The [F42Department of Justice] shall have regard to any relevant statement before—

(a)giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of section 29(4)(c), (d) or (e);

(b)giving a direction under subsection (2)(a) following a recommendation contained in a report by virtue of section 29(4A)(c) or (d).

(4)A relevant statement is a statement submitted to the [F43Department of Justice] under section 29(10) before the end of the period mentioned in section 29(8).]