31 Enforcement of duties under section 28.N.I.
(1)Subsection (2) applies if the [F1Department of Justice] has received a report under section 29(4) [F2or (4A)] or 30(5) of this Act, or section 41(4) of the 1998 Act, and [F3it] 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 [F4Department of Justice] may direct the Board—
(a)to take any action which [F5the 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 [F5the Department of Justice] considers appropriate.
[F6(3)The [F7Department 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 [F8Department of Justice] under section 29(10) before the end of the period mentioned in section 29(8).]
Textual Amendments
F1Words in s. 31(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. 58(1)(a)(i) (with arts. 28-31, Sch. 3 para. 58(2))
F2Words in s. 31(1) inserted (with effect in accordance with s. 9(9) of the amending Act) by Police (Northern Ireland) Act 2003 (c. 6), s. 9(7)
F3Word in s. 31(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. 58(1)(a)(ii) (with arts. 28-31, Sch. 3 para. 58(2))
F4Words in s. 31(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. 58(1)(b)(i) (with arts. 28-31, Sch. 3 para. 58(2))
F5Words in s. 31(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. 58(1)(b)(ii) (with arts. 28-31, Sch. 3 para. 58(2))
F6S. 31(3)(4) substituted for s. 31(3) (with effect in accordance with s. 9(9) of the amending Act) by Police (Northern Ireland) Act 2003 (c. 6), s. 9(8)
F7Words in s. 31(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. 58(1)(c) (with arts. 28-31, Sch. 3 para. 58(2))
F8Words in s. 31(4) 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. 58(1)(d) (with arts. 28-31, Sch. 3 para. 58(2))
Commencement Information
I1S. 31 in force at 28.2.2003 by S.R. 2003/66, art. 3