Police (Northern Ireland) Act 2000

Section 14.

SCHEDULE 3N.I. District policing partnerships

InterpretationN.I.

1(1)In this Schedule “a DPP” means a district policing partnership.N.I.

(2)In this Schedule—

• “the council”, in relation to a DPP, means the district council by which the DPP is established;

• “independent member”, in relation to a DPP, means a member appointed under paragraph 2(3)(b), (4)(b) or (5)(b);

• “political member”, in relation to a DPP, means a member appointed under paragraph 2(3)(a), (4)(a) or (5)(a).

(3)In this Schedule “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962.

[F1(3A)In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words “if appointed” for the words “ if elected ”]

[F2(3ZA)In this Schedule, in relation to a DPP and the holding of a local general election—

“the transitional period” means the period—

(a)beginning with the election day; and

(b)ending with the day before the reconstitution date;

“reconstitution date” means the date published by notice of the Board under paragraph 4(1B).]

(4)For the purposes of this Schedule an independent member of a council shall be treated as a party.

Size and compositionN.I.

2(1)A DPP shall consist of 15, 17 or 19 members as the council may determine.N.I.

(2)In making a determination under sub-paragraph (1), the council shall have regard to—

(a)the number of members constituting the council; and

(b)the duty imposed by paragraph 3(1).

(3)Where a DPP consists of 15 members, of whom—

(a)8 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b)7 shall be appointed in accordance with paragraph 4.

(4)Where a DPP consists of 17 members, of whom—

(a)9 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b)8 shall be appointed in accordance with paragraph 4.

(5)Where a DPP consists of 19 members, of whom—

(a)10 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b)9 shall be appointed in accordance with paragraph 4.

Political membersN.I.

3(1)A council shall exercise its power to appoint political members of the DPP so as to ensure that, so far as practicable, the political members reflect the balance of parties prevailing among the members of the council immediately after the last local general election.N.I.

(2)Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of his appointment.

(3)A political member shall hold office until the [F3day before the reconstitution date] next following his appointment.

(4)A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place he is appointed.

(5)A political member shall cease to hold office if—

(a)he resigns by notice in writing to the council;

(b)he becomes disqualified for membership of the DPP; or

(c)he ceases to be a member of the council.

(6)A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

[F4(7)Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.]

Independent membersN.I.

4(1)Appointments of independent members shall be made by the Board from among persons nominated by the council in accordance with paragraph 5.N.I.

[F5(1A)In appointing independent members of a DPP the Board shall so far as practicable secure that the members of the DPP (taken together) are representative of the community in the district.]

[F6(1B)Where, following a local government election, the Board has completed the appointment of the independent members of the DPP for a district, it shall publish notice of the date which is to be the reconstitution date in relation to the DPP for that district.

(1C)Notice under sub-paragraph (1B) shall be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons.]

(2)Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of his appointment.

(3)An independent member shall hold office until the [F7day before the reconstitution date] next following his appointment.

(4)A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place he is appointed.

(5)An independent member shall cease to hold office if—

(a)he resigns by notice in writing to the council; or

(b)he becomes disqualified for membership of the DPP.

(6)A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

[F8(7)Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraphs (1) and (1A) of this paragraph shall have effect subject to this sub-paragraph.]

The council’s nominationsN.I.

5(1)Where appointments are to be made of independent members of a DPP, the council shall nominate persons willing to be candidates for appointment.N.I.

(2)Unless otherwise agreed with the Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members.

(3)The council shall notify the Board of—

(a)the name of each person nominated by it under sub-paragraph (1); and

(b)such other information regarding those persons as it considers appropriate.

(4)A person shall not be nominated under sub-paragraph (1) if

[F9(a)] he is disqualified for membership of the DPP[F10, or

(b)he has not made a declaration against terrorism]

(5)Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Board may itself nominate such number of candidates as, when added to the number nominated by the council equals twice the number of appointments to be made; and if the Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.

Code of practice on appointment of independent membersN.I.

6(1)In exercising functions under paragraphs 4 and 5, a council and the Board shall have regard to any code of practice under this paragraph.N.I.

(2)The [F11Department of Justice] may issue, and from time to time revise, a code of practice containing guidance as to the exercise by councils and the Board of their functions under paragraphs 4 and 5.

(3)Before issuing, or revising, a code of practice under this paragraph, the [F12Department of Justice] shall consult—

(a)the Board;

(b)district councils; and

(c)the Equality Commission for Northern Ireland.

(4)The [F13Department of Justice] shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to [F14the Department of Justice] to be appropriate.

Removal of members from officeN.I.

7(1)The Board, or the council with the approval of the Board, may remove a person from office as a political or independent member of a DPP if satisfied that—N.I.

(a)in the case of an independent member, he failed to make the necessary disclosure in relation to a conviction of his for a criminal offence in Northern Ireland or elsewhere;

[F15(aa)in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;]

[F16(b)he has been convicted in Northern Ireland or elsewhere after the date of his appointment of a criminal offence (whether committed before or after that date);]

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

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

(e)he is otherwise unable or unfit to discharge his functions as a member of the DPP.

(2)“The necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—

(a)before his nomination, to the council which nominated him; and

(b)before his appointment, to the Board.

[F17(3)Section 6 of the Elected Authorities (Northern Ireland) Act 1989 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 district policing partnership ”;

(b)omit subsection (4);

(c)in subsection (5), in the definition of “public meeting” after paragraph (c) insert—

“(d)any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend), and

(e)any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and”.]

DisqualificationN.I.

8(1)A person is disqualified for membership of a DPP if he is—N.I.

(a)a police officer;

(b)a member of the police support staff;

(c)a member of the Board; or

(d)an employee of the council.

[F18(1A)A person removed from office under paragraph 7(1) is disqualified for membership of a DPP until the date of the next local general election following his removal.]

[F19(2)A person is disqualified for being an independent member of a DPP if—

(a)he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

(b)the relevant period has not ended.

(3)The relevant period is the period of five years beginning with the person’s discharge in respect of the offence.

(4)For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

(a)his release on licence;

(b)his release in pursuance of a grant of remission.

(5)Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

(6)Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

(7)Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

(8)In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.]

Chairman and vice-chairmanN.I.

[F209(1)For each DPP there shall be a chairman appointed by the council from among the political members.N.I.

(2)In making appointments to the office of chairman, the council shall ensure that, so far as is practicable—

(a)a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following his appointment;

(b)that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3)Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman in accordance with the terms of his appointment.

(4)A person may at any time resign as chairman by notice in writing to the council.

(5)If the chairman ceases to be a member of the DPP, he shall also cease to hold office as chairman.

9A(1)For each DPP there shall be a vice-chairman elected by the independent members from among such members.N.I.

(2)The election of a vice-chairman shall be conducted in accordance with procedures determined by the DPP under paragraph 12(4).

(3)Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chairman in accordance with such terms as the Board may determine.

(4)In determining terms under sub-paragraph (3), the Board shall ensure that, so far as is practicable, a person holds office as vice-chairman for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following his election to that office.

(5)A person may at any time resign as vice-chairman by notice in writing to the Board.

(6)If the vice-chairman ceases to be a member of the DPP, he shall also cease to hold office as vice-chairman.]

AllowancesN.I.

10N.I.The council may pay to the chairman, vice-chairman and other members of the DPP such allowances as the council, with the approval of the Board, may determine.

[F21IdemnitiesN.I.

10AN.I.The council may indemnify a member of a DPP in respect of liability incurred by him in connection with the business of the DPP.]

[F22Insurance against accidentsN.I.

10B(1)The council may insure against risks of a member of the DPP meeting with a personal accident, whether fatal or not, while he is engaged on the business of the DPP.N.I.

(2)Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the DPP.

(3)The council shall pay the sum to the member or his personal representatives, after deducting any expenses incurred in its recovery.

(4)The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 do not apply to any insurance under this paragraph.]

FinanceN.I.

11N.I.The Board shall for each financial year make to the council a grant equal to three-quarters of the expenses reasonably incurred by the council in that year in connection with the establishment of, or the exercise of functions by, a DPP.

ProcedureN.I.

12(1)The quorum for a meeting of a DPP shall be 5.N.I.

(2)Every question at a meeting of a DPP 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 the chairman and vice-chairman are absent from a meeting of a DPP, the members present shall elect one of their number to act as chairman of the meeting.

(4)Subject to sub-paragraphs (1) to (3) and to section 19, a DPP may regulate its own procedure.

Validity of proceedingsN.I.

13N.I.The validity of any proceedings of a DPP or a committee thereof shall not be affected by—

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

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

Disclosure of pecuniary interests, family connections, etc.N.I.

14N.I.Sections 28 to 33, 42, 46, 47 and 146 of the M1Local Government Act (Northern Ireland) 1972 (and section 148 of that Act so far as applying for the interpretation of those sections) shall apply to a DPP and its members as if—

(a)in those sections—

(i)any reference to a council were a reference to the DPP;

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

(iii)any reference to the clerk of the council were a reference to the person acting as secretary to the DPP;

(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 [F23any reference to the Ministry were a reference to the Department of Justice].

CommitteesN.I.

15(1)A DPP may—N.I.

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

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

(2)The powers of any committee of a DPP shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the DPP.

Joint partnershipsN.I.

16(1)The [F24Department of Justice] may by order provide that two or more councils may by agreement establish a single DPP for their districts.N.I.

(2)An order under this paragraph may—

(a)provide for Part IV and this Schedule to have effect in relation to—

(i)the councils in question and their districts, and

(ii)any DPP established by virtue of this paragraph,

with such modifications as the [F25Department of Justice] thinks necessary or expedient;

(b)make such other provision as the [F25Department of Justice] thinks necessary or expedient for the proper functioning of any such DPP.

(3)Before making an order under this paragraph, the [F26Department of Justice] shall consult—

(a)the Board; and

(b)any council affected by the order.

[F27Belfast district policing partnershipN.I.

17(1)The preceding paragraphs of this Schedule have effect in relation to the district policing partnership for Belfast with the following modifications.N.I.

(2)In paragraph 2 after sub-paragraph (5) insert—

“(6)The members of the DPP who are appointed by the council in accordance with paragraph 3 shall include the persons who hold the office of chairman of each of the sub-groups of the DPP established under section 21.”

[F28(2A)In paragraph 3, after sub-paragraph (4) insert—

“(4A)The council may, with the approval of the Board, terminate the appointment of a political member if it appears to the council to be necessary or expedient to do so in order to enable it to comply with paragraph 2(6).”

(2B)In paragraph 3(5), after paragraph (a) insert—

“(aa)his appointment is terminated under sub-paragraph (4A);”.

(2C)In paragraph 3(6), after “expires” insert “ , whose appointment is terminated under sub-paragraph (4A) ”].

(3)In paragraph 5 after sub-paragraph (3) insert—

“(3A)In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Board of—

(a)whether the person is also willing to be a candidate for appointment as an independent member of a sub-group established under section 21;

(b)the sub-group or sub-groups concerned, if he is so willing.”]