Legalize / United Kingdom / Public General Act

Police (Northern Ireland) Act 1998

Type Public General Act

Publication 1998-07-24

Last updated 2026-03-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) The Ombudsman shall, not later than 3 months after the end of each financial year, make to the Department of Justice a report on the discharge of the Ombudsman’s functions during that year.

(4) The Ombudsman shall—

(a) keep under review the working of this Part; and

(b) at least once every five years, make a report on it to the Department of Justice.

(5) The Ombudsman shall send a copy of any report under this section to—

(a) the Board and the Chief Constable; and

(b) if the report concerns any such body of constables as is mentioned in section 60, to the authority maintaining it and the officer having the direction and control of it; and

(5A) The Department of Justice shall—

(a) lay before the Northern Ireland Assembly a copy of every report received by the Department under this section; and

(b) cause every such report to be published.

(5B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5A)(a) 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.

(6) The Secretary of State shall—

(a) lay before both Houses of Parliament a copy of every report received by him under this section; and

(b) cause every such report to be published.

(7) The Ombudsman shall send to the Board any statistical or other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 2(4)(a).

Statements by Ombudsman about exercise of his functions

62

The Ombudsman may, in relation to any exercise of his functions under this Part, publish a statement as to his actions, his decisions and determinations and the reasons for his decisions and determinations.

Restriction on disclosure of information

63

(1) No information received by a person to whom this subsection applies in connection with any of the functions of the Ombudsman under this Part shall be disclosed by any person who is or has been a person to whom this subsection applies except—

(a) to a person to whom this subsection applies;

(b) to the Department of Justice or the Secretary of State;

(d) for the purposes of any criminal, civil or disciplinary proceedings; or

(e) in the form of a summary or other general statement made by the Ombudsman which—

(i) does not identify the person from whom the information was received; and

(ii) does not, except to such extent as the Ombudsman thinks necessary in the public interest, identify any person to whom the information relates.

(2) Subsection (1) applies to—

(a) the Ombudsman; and

(b) an officer of the Ombudsman.

(2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a report of an investigation under section 60A—

(a) the identity of an individual, or

(b) information from which the identity of an individual may be established.

(3) Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Nothing in subsection (1)(b) permits the disclosure to the Department of Justice of information—

(a) which has been supplied to the Ombudsman under section 66(1) of the Police (Northern Ireland) Act 2000 for the purposes of or in connection with an investigation under section 60A of this Act, and

(b) in relation to which the Ombudsman has been informed under section 66(3)(b) of the Police (Northern Ireland) Act 2000 that the information is, in the opinion of the Chief Constable or the Board, information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of that Act.

Regulations

64

(1) The Department of Justice may make regulations—

(a) as to the procedure to be followed under this Part; and

(b) for prescribing anything authorised or required to be prescribed by any provision in this Part.

(2) The Department of Justice shall by regulations provide—

(a) that, subject to such exceptions and in accordance with such procedures as may be prescribed, the Ombudsman shall furnish a copy of, or of the record of, a complaint against a member of the police force to—

(i) that member;

(ii) the complainant; and

(iii) the appropriate disciplinary authority;

(b) procedures for the informal resolution or mediationof complaints of such descriptions as may be prescribed, and for giving the complainant a record of the outcome of any such procedure;

(c) procedures for giving a member of the police force, whose conduct is the subject of a complaint which falls to be resolved informally or through mediation, an opportunity to comment orally or in writing on the complaint;

(d) for cases in which any provision of this Part is not to apply where—

(i) a complaint, other than a complaint which falls to be resolved informally or through mediation, is withdrawn;

(ii) the complainant indicates that he does not wish any further steps to be taken; or

(iii) the complainant fails to indicate, in response to a request from the Ombudsman to do so, whether he wishes any further steps to be taken;

(e) for enabling the Ombudsman to dispense with any requirement of this Part;

(f) for enabling the Ombudsman to relinquish the supervision of the investigation of any complaint under section 57;

(g) procedures for an investigation begun under section 56 or section 57 to be continued, where the Ombudsman so directs, as if it had originally been begun under the other of those sections;

(h) procedures for the making of complaints and the reference of complaints and other matters under this Part;

(i) that the Ombudsman shall be supplied with such information or documents of such description as may be prescribed at such time or in such circumstances as may be prescribed;

(j) that any action, determination or decision of a prescribed description taken by the Ombudsman shall be notified to prescribed persons within a prescribed time and that, in connection with such a notification, the Ombudsman shall have power to supply the person notified with any relevant information;

(k) for authorising or requiring the Ombudsman to provide to the appropriate disciplinary authority information relevant to the exercise by that authority of any power of suspension under regulations made by virtue of section 25(2)(f) or 26(2)(e).

(l) that the Chief Constable shall have power to delegate any functions conferred on him by or by virtue of this Part;

(m) for enabling the Ombudsman to pay to a complainant—

(i) sums in respect of expenses incurred by him; and

(ii) allowances by way of compensation for the loss of his time,

in accordance with such scales and subject to such conditions as may be prescribed;

(n) for enabling the Ombudsman, in such cases as may be prescribed, to make a recommendation to the Chief Constable for the payment by the Chief Constable to the complainant of compensation of such amount as the Ombudsman considers appropriate (but not exceeding such amount as may be prescribed).

(2A) The Department of Justice may by regulations provide that, subject to such exceptions as may be prescribed—

(a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1);

(b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) , (4) or (4A) if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made;

(c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations under this section may authorise the Department of Justice to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this section, the Department of Justice shall consult—

(a) the Ombudsman;

(b) the Board; and

Guidance concerning discipline, complaints, etc

65

(1) The Department of Justice may issue guidance to the Board and police officers concerning the discharge of their functions—

(a) under this Part;

(b) under regulations made under section 25 in relation to the matters mentioned in subsection (2)(e) of that section; and

and they shall have regard to any such guidance in the discharge of their functions.

(2) Guidance may not be issued under subsection (1) in relation to the handling of a particular case.

(3) A failure on the part of a person to whom guidance is issued under this section to have regard to such guidance shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3).

(4) In discharging his functions under section 59 the Ombudsman shall have regard—

(a) to any guidance given to him by the Department of Justice with respect to such matters as are for the time being the subject of guidance under subsection (1); and

(b) in particular, but without prejudice to the generality of paragraph (a), to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.

(5) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Department of Justice with respect to matters the disclosure of which may be prejudicial to the public interest.

(6) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest on the ground of national security.

(7) Any guidance given by the Department of Justice to the Ombudsman under this section has effect subject to any guidance given by the Secretary of State under subsection (6).

Part VIII — Miscellaneous and general

Offences

Assaults on, and obstruction of, constables, etc

66

(1) Any person who assaults, resists, obstructs or impedes a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

(1A) Any person who assaults, resists, obstructs or impedes a designated person in the execution of his duty, or a person assisting a designated person in the execution of his duty, shall be guilty of an offence.

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

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) In subsection (1A) the references to the execution of the duty of a designated person are to—

(a) the exercise of a power conferred on him by his designation;

(b) the performance of a duty imposed on him by his designation.

(3B) In this section “ designated person ” means a person designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003.

(4) This section also applies to a constable who is a member of a police force in Great Britain when he is executing a warrant, or otherwise acting in Northern Ireland, by virtue of any statutory provision conferring powers on him in Northern Ireland.

(5) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

(a) is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and

(b) is carrying out his functions as a member of that team.

(6) In this section “ international joint investigation team ” means any investigation team formed in accordance with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Department of Justice.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Impersonation, etc

67

(1) Any person who with intent to deceive impersonates a member of the police force, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence.

(1A) Any person who, with intent to deceive—

(a) impersonates a designated person; or

(b) makes any statement or does any act calculated falsely to suggest that he is a designated person; or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has,

shall be guilty of an offence.

(2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of the police force as to be calculated to deceive shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1), (1A) or (2) shall be liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.

(4) Any person who, not being a member of the police force, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of the police force or anything having the appearance of such an article, badge, mark or document.

(6) In this section “ designated person ” means a person designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003.

Causing disaffection

68

(1) Any person who—

(a) causes, or does any act calculated to cause, disaffection among the members of the police force; or

(b) induces, or does any act calculated to induce, any member of the police force to withhold his services,

shall be guilty of an offence.

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

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

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

Obtaining pension by self-inflicted injury, etc

69

Any person who obtains for himself or any other person any pension or gratuity under regulations made under section 25 or 26 by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing injury or infirmity shall be guilty of an offence and liable—

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

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

Traffic wardens

70

Supplementary

Expenses of Secretary of State

71

There shall be defrayed out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act; and

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

Orders and regulations

72

(1) Any power of the Department of Justice or the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2) Orders or regulations under this Act—

(a) may make different provision for different cases and circumstances;

(b) may contain such supplementary and transitional provisions as appear to the Department of Justice or (as the case may be) the Secretary of State to be appropriate.

(2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the Department of Finance and Personnel.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An order or regulations made under this Act (other than ... an order under section 75)

(a) if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954);

(b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

Interpretation

73

(1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 77 of that Act has the same meaning in this Act as in that Act.

(2) References in this Act to a member of the police force are to be construed as references to a police officer.

(3) References in this Act in any other context to the police force are to be construed as references to the police.

(4) In this Act “ a police force in Great Britain ” means a police force within the meaning of the Police Act 1996 or the Police Service of Scotland (and references to the chief officer of a police force in Great Britain include the chief constable of that Service) .

Amendments, transitional provisions, repeals, etc

74

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

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

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

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

(a) Article 6(5) and (6)(c);

(b) in Schedule 1, the entries relating to—

the Constabulary (Ireland) Act 1836;

the Police (Property) Act 1897;

the Constabulary and Police (Ireland) Act 1919;

the Police Act 1969;

the Constabulary Act Northern Ireland) 1922;

the Police Act Northern Ireland) 1970;

(d) in Schedule 5, paragraphs 11, 21 and 61.

Commencement

75

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

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

Extent

76

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

(2) Paragraph 8 of Schedule 3 extends throughout the United Kingdom.

(3) The amendment or repeal by this Act of any provision of—

(a) the Police (Overseas Service) Act 1945;

(b) the Police (Scotland) Act 1967;

(d) the Northern Ireland Assembly Disqualification Act 1975;

(e) the Ministry of Defence Police Act 1987;

(f) the Official Secrets Act 1989;

(g) the Police Act 1996;

(h) the Police Act 1997,

has the same extent as that provision.

Short title

77

This Act may be cited as the Police (Northern Ireland) Act 1998.

SCHEDULE 1

Status

1

The 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

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;

(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

4

The 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

6

The 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

7

The 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

9

A 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.

10

Sections 28 to 33, 42, 46, 47 and 146 of the 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 ”;

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.

SCHEDULE 2

I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable.

SCHEDULE 3

The Ombudsman

1

(1) The Ombudsman shall be appointed by Her Majesty on the recommendation of the First Minister and deputy First Minister acting jointly.

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

(3) An appointment as Ombudsman may be full-time or part-time.

(4) An appointment as Ombudsman shall be for—

(a) a period of 7 years; or

(b) a period ending on the date on which the person appointed attains the age of 70,

whichever is the shorter.

(5) A person whose term of appointment as Ombudsman expires shall not be eligible for re-appointment.

(6) A person may at any time resign his office as Ombudsman by notice in writing to Her Majesty.

(7) The First Minister and deputy First Minister acting jointly may call upon the Ombudsman to retire—

(a) in the interests of efficiency or effectiveness; or

(b) if satisfied that the Ombudsman has—

(i) been convicted of a criminal offence; or

(ii) become bankrupt or made a composition or arrangement with his creditors.

(8) Before calling upon the Ombudsman to retire, the First Minister and deputy First Minister acting jointly shall give the Ombudsman an opportunity to make, either personally or otherwise, representations to them and shall consider any representations that he makes.

(9) An Ombudsman who is called upon to retire under sub-paragraph (7) shall retire on such date as the First Minister and deputy First Minister acting jointly may specify or on such earlier date as may be agreed between him and the First Minister and deputy First Minister acting jointly.

Remuneration, pensions, allowances, etc.

2

(1) The Department of Justice may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Ombudsman as the Department of Justice may determine.

(2) Where a person ceases to hold office as Ombudsman otherwise than on the expiry of his term of office, and it appears to the Department of Justice that there are special circumstances which make it right for that person to receive compensation, the Department of Justice may make to that person a payment of such amount as the Department of Justice may determine.

Staff

3

(1) The Ombudsman may, with the approval of the Department of Justice as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions.

(2) The Ombudsman may make arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service.

(2A) Employment by the Ombudsman shall be included among the kinds of employment

to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Police Ombudsman for Northern Ireland.

(2B) Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 is appointed to the office of Ombudsman, the Department of Finance and Personnel may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Ombudsman.

Assistance by members of the police force

5

(1) The Ombudsman and the Chief Constable may enter into arrangements for members of the police force to be engaged for a period of temporary service with the Ombudsman.

(2) Arrangements under this paragraph shall provide for the payment by the Ombudsman to the Board of such contribution as may be determined by or in accordance with the arrangements.

(3) In this paragraph and paragraph 6 “member of the police force” does not include the Chief Constable.

6

(1) The Chief Constable may, on the application of the Ombudsman, provide members of the police force or other assistance for the purpose of enabling the Ombudsman to meet any special demand on his resources.

(2) If it appears to the Department of Justice—

(a) that it is expedient that members of the police force or other assistance should be provided for the purpose of enabling the Ombudsman to meet any special demand on his resources; and

(b) that satisfactory arrangements under sub-paragraph (1) cannot be made, or cannot be made in time,

the Department of Justice may direct the Chief Constable to provide such members of the police force or other assistance for that purpose as may be specified in the direction.

(3) Directions given under sub-paragraph (2) may be amended or revoked by the Department of Justice.

(4) Before giving, amending or revoking any directions under this paragraph, the Department of Justice shall consult the Chief Constable and the Ombudsman.

7

(1) In this paragraph “relevant service” means—

(a) temporary service with the Ombudsman on which a member of the police force is engaged in accordance with arrangements under paragraph 5; and

(b) service by a member of the police force providing assistance to the Ombudsman under paragraph 6.

(2) A member of the police force on relevant service shall—

(a) notwithstanding section 33 of the Police (Northern Ireland) Act 2000, be under the direction and control of the Ombudsman; but

(b) have the same powers and privileges and be treated in all other respects as if he were not on relevant service.

(3) The Ombudsman shall be liable in respect of any unlawful conduct of members of the police force on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of any unlawful conduct of his servants in the course of their employment, and shall , in the case of a tort, be treated for all purposes as a joint tortfeasor.

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

(a) any damages or costs awarded against a member of the police force in proceedings for any unlawful conduct of that member while on relevant service;

(b) any costs incurred and not recovered by a member of the police force in such proceedings; and

(5) The Ombudsman may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in sub-paragraph (4).

Assistance by members of a police force in Great Britain

8

(1) 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.

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

(3) 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.

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

(a) be under the direction and control of the Ombudsman; and

(b) have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters;

and subsection (3) of section 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.

(5) 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.

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

(a) any damages or costs awarded against a member of a police force in Great Britain in proceedings for a tort committed by that member while on relevant service;

(b) any costs incurred and not recovered by such a member in such proceedings; and

(7) 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).

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

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

Exercise of functions

9

Any functions of the Ombudsman under this Act may be performed by any officer of the Ombudsman authorised for the purpose by the Ombudsman.

Evidence

10

A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Finance

11

The Department of Justice shall pay to the Ombudsman such sums as appear to the Department of Justice to be appropriate for defraying the expenses of the Ombudsman under this Act.

12

(1) The Ombudsman shall—

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare in respect of each financial year a statement of accounts in such form as the Department of Justice may direct; and

(c) send copies of the statement to the Department of Justice and the Comptroller and Auditor General for Northern Ireland before the end of the month of August next following the financial year to which the statement relates.

(2) The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before the Northern Ireland Assembly.

(3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (2) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

Property

13

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

(2) 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.

(3) 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.

SCHEDULE 4

The Incitement to Disaffection Act 1934 (c. 56)

1

In section 2(4) of the Incitement to Disaffection Act 1934 for “the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.

The Police (Overseas Service) Act 1945 (c. 17)

2

The Police (Overseas Service) Act 1945 shall extend to Northern Ireland and section 3(4) of that Act shall accordingly cease to have effect.

The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

3

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

The Police (Scotland) Act 1967 (c. 77)

4

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

(2) 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;

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

(4) 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 Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

5

In section 93(3) of the Local Government Act (Northern Ireland) 1972 for “section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968” there shall be substituted “ section 66 of the Police (Northern Ireland) Act 1998 ”.

The Superannuation (Northern Ireland) Order 1972 (NI 10)

6

In Article 15 of the Superannuation (Northern Ireland) Order 1972 for paragraphs (c), (d) and (e) there shall be substituted—

(c) regulations relating to pensions under section 25 or 26 of the Police (Northern Ireland) Act 1998

The Overseas Pensions Act 1973 (c. 21)

7

In section 2(2)(d) of the Overseas Pensions Act 1973 after sub-paragraph (ii) there shall be inserted

or (iii) a member of the Royal Ulster Constabulary engaged on relevant service within the meaning of section 27(1)(d), (g) or (h) of the Police (Northern Ireland) Act 1998,

The House of Commons Disqualification Act 1975 (c. 24)

8

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order—

The Police Ombudsman for Northern Ireland.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

9

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order—

The Police Ombudsman for Northern Ireland.

The Fair Employment (Northern Ireland) Act 1976 (c. 25)

10

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

The Animals (Northern Ireland) Order 1976 (NI 13)

11

In Article 10(9) of the Animals (Northern Ireland) Order 1976 for the words from “has the same meaning” to the end there shall be substituted “ means a member of the Royal Ulster Constabulary holding the rank of inspector or a higher rank ”.

The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

12

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

The Criminal Damage (Northern Ireland) Order 1977 (NI 4)

13

In Article 8(3) of the Criminal Damage (Northern Ireland) Order 1977 for “The Police (Property) Act 1897” there shall be substituted “ Section 31 of the Police (Northern Ireland) Act 1998 ” and for “that Act” there shall be substituted “ that section ”.

The Customs and Excise Act 1979 (c. 2)

14

In section 139(4)(c) of the Customs and Excise Act 1979 for “the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.

The Firearms (Northern Ireland) Order 1981 (NI 2)

15

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

The Ministry of Defence Police Act 1987 (c. 4)

16

In section 1(2)(c) of the Ministry of Defence Police Act 1987 for “taking and subscribing the oath” there shall be substituted “ making the declaration ”.

The Official Secrets Act 1989 (c. 6)

17

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

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

18

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 24(5) for “section 1 of the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice (Northern Ireland) Order 1994 (NI 15)

19

In Article 12(3) of the Criminal Justice (Northern Ireland) Order 1994 for sub-paragraphs (a) and (b) there shall be substituted—

(a) before the end of the period of 6 months beginning on the date on which the order under Article 11 was made; or (b) if a successful application under section 31(1) of the Police (Northern Ireland) Act 1998 has been made.

The Police Act 1996 (c. 16)

20

(1) The Police Act 1996 shall be amended as follows.

(2) 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 ”.

(3) 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;

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

(5) 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) ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Juries (Northern Ireland) Order 1996 (NI 6)

21

In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entry “Members and staff of the Independent Commission for Police Complaints for Northern Ireland” there shall be substituted—

The Police Ombudsman for Northern Ireland and persons employed by him.

The Police Act 1997 (c. 50)

22

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

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

23

In Article 44(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 for “persons appointed or deemed to have been appointed for the purpose” there shall be substituted “ traffic wardens appointed ”.

The Race Relations (Northern Ireland) Order 1997 (NI 6)

24

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

The Police (Health and Safety)(Northern Ireland) Order 1997 (NI 16)

25

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

SCHEDULE 5

Part I — General

Saving for pensions, etc. under repealed provisions

1

Where any statutory provision relating to or affecting pensions or other gratuities or allowances is repealed by this Act and not re-enacted, that repeal does not affect the future operation of that provision as respects pensions, gratuities or allowances in respect of any service completed before the date on which the repeal takes effect.

Statutory references to Royal Irish Constabulary, etc.

2

Any reference in any statutory provision passed or made before 1st June 1922 to a person holding a particular rank in the Royal Irish Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland of the corresponding rank.

Power to make other transitional or saving provisions

3

The Secretary of State may by order make such other transitional or saving provisions as appear to him to be necessary or expedient in connection with the coming into operation of any provision of this Act.

Part II — The Police Ombudsman for Northern Ireland

Interpretation

4

In this Part—

“the Commission” means the Independent Commission for Police Complaints for Northern Ireland;

“the Ombudsman” means the Police Ombudsman for Northern Ireland;

“the transfer date” means the day appointed by order under section 75 for the coming into operation of section 51(5).

Transfer of property, rights and liabilities of Commission

5

(1) 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.

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

Transfer of staff

6

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

(2) 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.

(3) Without prejudice to sub-paragraph (2)—

(a) all the Commission’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies shall by virtue of this paragraph be transferred to the Ombudsman on the transfer date; and

(b) anything done before that date by or in relation to the Commission in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Ombudsman.

(4) 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.

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

(6) Where a person—

(a) has, prior to the transfer date, entered into a contract of employment with the Commission which is to come into effect on or after that date; and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

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

Legal proceedings

7

Any legal proceedings by or against the Commission which are pending immediately before the transfer date may be continued on and after that date by or against the Ombudsman.

Payments to former members of the Commission

8

Where a person—

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

(b) does not become the Ombudsman,

the Secretary of State may make to the person a payment of such amount as the Secretary of State may determine.

Information received by Commission

9

(1) 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—

(a) to the Secretary of State, the Ombudsman or an officer of the Ombudsman;

(b) to any other person, so far as may be necessary for the proper discharge of the functions of the Ombudsman; or

(2) 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.

Financial year

10

The first financial year of the Ombudsman shall be the period beginning with the transfer date and ending with the first 31st March which falls at least 6 months after that date.

Stamp duty

11

Stamp duty shall not be chargeable in respect of any transfer effected by this Schedule.

SCHEDULE 6

General functions of the Police Authority.

Provision of advice and assistance to international organisations, etc.

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

58A

(1) If the Ombudsman—

(a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and

(b) considers that the complaint is not a serious one,

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

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

(3) 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.

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

(5) 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.

(6) 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.

61A

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

61AA

(1) 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.

(2) The Ombudsman shall consult the Board as to—

(a) the information to be supplied under subsection (1); and

(b) the form in which such information is to be supplied.

(3) 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.

Editorial notes

[^c1371589]: Act extends to Northern Ireland only, but for exceptions see s. 76(1)(2)(3).

[^c1371590]: Act: transfer of certain functions (4.11.2001) by 2000 c. 32, s. 2, Sch. 2 para. 2; S.R. 2001/396, art. 2, Sch.

[^c1371591]: Pt. I (ss. 1-13) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371599]: Pt. II (ss. 14-17) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371602]: S. 18 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371604]: S. 19 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371605]: S. 20 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371606]: S. 21 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371607]: S. 22 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371608]: S. 23 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371609]: S. 24 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371612]: S. 25 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

[^c1371613]: S. 25 partly in force; s. 25 not in force at Royal Assent see s. 75(1); s. 25(1)-(3)(5)-(8) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)

[^c1371614]: Words in s. 25 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

[^c1371626]: Words in s. 25(3)(b)(5)(a)(8) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

[^c1371636]: S. 26 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

[^c1371637]: S. 26 partly in force; s. 26 not in force at Royal Assent see s. 75(1), s. 26(1)-(3)(5)(6) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)

[^c1371638]: S. 26(2)(g) amended (23.11.2000) by 2000 c. 32, ss. 49(5)(b), 79(2)(a) (with Sch. 7 para. 2)

[^c1371639]: Words in s. 26(2)(g) inserted (23.11.2000) by 2000 c. 32, ss. 49(5)(a), 79(2)(a) (with Sch. 7 para. 2)

[^c1371640]: Words in s. 26(2)(g) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

[^c1371641]: Words in s. 26(5)(a)(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

[^c1371713]: Words in s. 27 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

[^c1371717]: 1996 c. 16.

[^c1371719]: 1996 c. 16.

[^c1371721]: 1945 c. 17.

[^c1371723]: Word in s. 27(1)(g) repealed (17.6.2002) by 2002 c. 1, s. 19(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

[^c1371724]: 1980 c. 63.

[^c1371726]: S. 27(1)(j) and the word preceding it inserted (17.6.2002) by 2002 c. 1, s. 19(1), Sch. 3 para. 12(2) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

[^c1371736]: 1945 c. 17.

[^c1371739]: Words in s. 27(7)(b) omitted (4.11.2001) by virtue of 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.

[^c1371740]: Words in s. 27(7)(b) inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.

[^c1371742]: Words in s. 27(8) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2); S.I. 2002/2306, art. 2(f)(xi)

[^c1371746]: S. 27(9) added (30.3.2001) by 2000 c. 32, s. 50; S.R. 2001/132, art. 2, Sch.

[^c1371786]: Words in s. 28(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(d); S.R. 2001/396, art. 2, Sch.

[^c1371787]: Words in s. 28(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

[^c1371798]: S. 29 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(i); S.R. 2001/132, art. 2, Sch.

[^c1371799]: Words in s. 29(1) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2); S.I. 2002/2306, art. 2(f)(xi)

[^c1371802]: Words in s. 29(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(e); S.R. 2001/396, art. 2, Sch.

[^c1371803]: Words in s. 29(2)(b)(3)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

[^c1371804]: Words in s. 29(3)(a) substituted (1.10.2002) by 2002 c. 30, s. 102(4); S.I. 2002/2306, art. 2(f)(xi)

[^c1371806]: By 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(f) it is provided (4.11.2001) that words in s. 29(5) are substituted; S.R. 2001/396, art. 2, Sch.

[^c1371807]: 1996 c. 16.

[^c1371809]: S. 29(6)-(8) inserted (1.10.2002) by 2002 c. 30, s. 103(5); S.I. 2002/2306, art. 2(f)(xii)

[^c1371813]: Words in s. 31 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a)(g); S.R. 2001/396, art. 2, Sch.

[^c1371814]: Words in s. 31(3)(c)(iv) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(g); S.R. 2001/396, art. 2, Sch.

[^c1371816]: 1994 NI 15.

[^c1371819]: 1994 NI 15.

[^c1371820]: 1994 NI 15.

[^c1371821]: S. 32 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(ii); S.R. 2001/132, art. 2, Sch.

[^c1371822]: Words in s. 33(2)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(3); S.R. 2001/396, art. 2, Sch.

[^c1371825]: S. 35 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(iii); S.R. 2001/132, art. 2, Sch.

[^c1371826]: 1992 NI 5.

[^c1371827]: S. 36 repealed (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 8; S. R. 2001/396, art. 2, Sch.

[^c1371828]: S. 37 repealed (4.11.2001) by 2000 c. 32, s. 78(1)(4), Sch. 6 para. 23(4)(a), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371829]: S. 38 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371830]: S. 39 repealed (4.11.2001) by 2000 c. 32, s. 78(1)(4), Sch. 6 para. 23(4)(a), Sch. 8; S.R. 2001/396, art. 2, Sch.

[^c1371832]: S. 40 partly in force; s. 40 not in force at Royal Assent see s. 75(1); s. 40(1)(2) in force at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

[^c1371833]: Word in s. 40(2)(a) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.

[^c1371840]: 1996 c. 16.

[^c1371841]: S. 41(2)(a)-(d) and “-” immediately preceding them substituted (4.11.2001) by 2000 c. 32, ss. 8(1), Sch. 6 para. 23(4)(c); S.R. 2001/396, art. 2, Sch.

[^c1371842]: S. 41(3A)(3B) inserted (1.10.2002) by 2002 c. 30, s. 3(2); S.I. 2002/2306, art. 2(a)

[^c1371847]: Words in s. 42(3)(a)(4)-(7) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.

[^c1371849]: Words in s. 42(4)(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(e); S.R. 2001/396, art. 2, Sch.

[^c1371866]: S. 45(1)(a)-(d)(2)(a)-(d) and “-” immediately preceding them substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(c); S.R. 2001/396, art. 2, Sch.

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