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Police (Northern Ireland) Act 2003

Type Public General Act
Publication 2003-04-08
Last updated 2016-05-26
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(7A) A failure by a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003 to comply with subsection (5A) shall not of itself make him liable to criminal or civil proceedings.

SCHEDULE 4

Board’s policing objectives

Codes of Practice

Contracts relating to detention and escort services

Funding for pension purposes

Accounts and audit

Performance summaries

Performance summaries: supplementary

Reports of Chief Constable

Inquiries by Board

Approval of proposals relating to inquiries by Board

Investigations into current police practices and policies

Independent members: appointment

Chief Constable’s functions

Independent members: disqualification

Disqualification following removal from office

Belfast

Members of PSNI engaged on other police service

Protected disclosures by police officers

Special committee of the Board

Disclosure of information and holding of inquiries

Special committee of the Board

Code of ethics

Notifiable memberships

Disclosure of information and holding of inquiries

Impersonation etc. of designated persons

Disclosure of information and holding of inquiries

Designated persons: interpretation

Intimate samples

Impersonation etc. of designated persons

Orders and regulations

Intimate samples

Intimate samples

Powers to issue fixed penalty notice

Confiscation of alcohol: young persons

Entry and search for purposes of arrest

Entry and search for evidence etc.

Access to excluded and special procedure material

Entry and search after arrest

General power of seizure

Access and copying in the case of things seized by constables

Arrest at a police station for another offence

Power to transfer persons into custody of investigating officers

Power to require arrested person to account for certain matters

Extended powers of seizure

Attendance at police station for fingerprinting

Non-intimate searches of detained persons

Searches and examinations to ascertain identity

Fingerprinting

Warnings about intimate samples

Non-intimate samples

Attendance at police station for the taking of a sample

Photographing detained persons

Power to take an arrested person to a police station

Escort of persons in police detention

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Terrorism Act 2000 (c. 11)

1

The repeals in section 28(5) of the Police (Northern Ireland) Act 2000 have effect in accordance with section 8(6) above.

2

The revocations in the Employment Rights (Northern Ireland) Order 1996 and the Public Interest Disclosure (Northern Ireland) Order 1998 have effect in accordance with section 26(4) above.

Editorial notes

[^c521962]: S. 26 partly in force; s. 26(4) in force at Royal Assent, see s. 26(4)

[^c521963]: S. 41 partly in force; s. 41(2) in force at Royal Assent, see 41(2)

[^c521964]: S. 42 partly in force; s. 42(6) in force at Royal Assent, see s. 42(6)

[^key-dc528ff2a912fb20916dd82d0c2d20a9]: S. 26(1)-(3) in force at 15.12.2004 by S.R. 2004/501, art. 2

[^key-4be170b2239ee54bfc03d739b0e3e373]: Words in Sch. 2 para. 22(1)(a) substituted (1.1.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500), art. 1(3), Sch. 1 para. 6; S.R. 2004/391, art. 3

[^key-bfc11ba0b86048c1223605a78ae3d365]: S. 42(1)-(5) in force at 1.3.2007 by S.R. 2007/177, art. 2

[^key-6ac29758ede04c1a325803ebd14b2cdf]: S. 23(1)-(5) restored (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 10(1)

[^key-9e898924933b545dff7bc387282c6307]: S. 30A inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(2)

[^key-85b16e9dcf38cb06e52c236886923f0e]: Sch. 2A inserted (22.4.2007 for the insertion of Sch. 2A paras. 2, 6, 7, 10, 13, 15, 18) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(8), Sch. 5

[^key-d2616f46fb0185f47965b1083360c57f]: Sch. 2 para. 2A, 2B inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 2

[^key-b93b3a304fc2b6517f62a576af538a48]: Sch. 2 para. 8A and cross-heading inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 5

[^key-e8f92ce791f84deca6ccb991ebdce99b]: Sch. 2 para. 10A and cross-heading inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 6

[^key-b34ab3f59cc9a1eac4783c6093d76eec]: Sch. 2 paras. 20A-20D and cross-headings inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 2 para. 2

[^key-70de011e01d4eb9fc8f8f175e3e6c1ac]: Words in s. 23(6) substituted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 10(2)

[^key-56c130f700f18d7e6cc27d14f8ab4d1d]: Word in s. 33(1) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(3)

[^key-22aecfd053b26e1c43530568c8fae186]: Word in s. 33(4) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(3)

[^key-843cb9b228d6d388c80ddf8018d9dbff]: Word in s. 34(1)(a) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(4)

[^key-0c3c13cc3cfe871fc7ac4106f12fcac6]: Word in s. 34(3) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(4)

[^key-4889ace309b284a30073e0768f1a5ce7]: Words in s. 35(1)(a)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(5)

[^key-b195d187447c1f7f0b0f89164f84a11d]: Word in s. 36(1)(2) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(6)

[^key-2a99f3e1773de218f4fd749412a8e3ee]: Word in s. 37(1) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(7)

[^key-4d3eb1c7a972863ace8b3b513688f48e]: Word in s. 37(3) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(7)

[^key-0e1d59f8031a610a564f53729195b5b5]: Words in Sch. 2 para. 6 inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 3

[^key-198528cad7f50d231ac6d2c19c8e375e]: Words in Sch. 2 para. 8(3)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 4(a)

[^key-4d641d10c26eeb7839bacc9899f83700]: Words in Sch. 2 para. 8(3)(c) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 4(b)

[^key-9732b7b81dfef827ccae47ce48f2d2d2]: Words in Sch. 2 para. 22(1)(c)(ii) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(a)

[^key-26f18e27217cf19471105c8f0897fe22]: Words in Sch. 2 para. 22(1)(c)(iii) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(b)

[^key-d78dd2ee2fc7562c85d2cb1614488710]: Sch. 2 para. 22(1)(d) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(3)

[^key-2060a4a84da51bfcd95da95db030a6fd]: Words in Sch. 2 para. 23(2)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 3(2)(a)

[^key-5f814e20f042d03f1e9986b1a835c57d]: Words in Sch. 2 para. 23(2)(c) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 3(2)(b)

[^key-38b7ca6a23796394048de9ab59725f41]: Sch. 2 para. 23(2A) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 3(3)

[^key-2facc7144ef01a57e46490c2bac62727]: Words in Sch. 2A para. 6(1) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 28(2)(a); S.I. 2010/125, art. 2(t)

[^key-10802f6d65bf0d6437a1a01bd12a548b]: Words in Sch. 2A para. 6(1) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 28(2)(b); S.I. 2010/125, art. 2(t)

[^key-61e0083d40581f2a9da20c4d63f34250]: Words in Sch. 2A para. 6(2) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 28(3); S.I. 2010/125, art. 2(t)

[^key-09ca058e1c72673e5ec79feca1e550b0]: S. 34A inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(3) (with arts. 28-31)

[^key-80612c456873c47273ac43a511b31014]: Words in s. 34(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(2)(a) (with arts. 28-31)

[^key-d90939547861bb3c60c56e0fb04852ba]: Words in s. 34(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(2)(b)(i) (with arts. 28-31)

[^key-3f9b069c41fafd3928005bd04e83c4c7]: Words in s. 34(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(2)(b)(ii) (with arts. 28-31)

[^key-082ab78d229f78d9ceadf2922b5c4afb]: Words in s. 37(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(4) (with arts. 28-31)

[^key-c5c02c0fab5a80988015b9aa0228ebbc]: S. 44(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(5)(c) (with arts. 28-31)

[^key-a92f2c35838af2cb3229b69912bd5924]: Words in s. 44(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(5)(a) (with arts. 28-31)

[^key-33b0dcb6b23b599d4fcfdf90028b1625]: Words in s. 44(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 3 para. 93(5)(b) (with arts. 28-31)

[^key-9e1484c761722d608cf9d27c8f6796ea]: Sch. 2A para. 16 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), art. 1, Sch. 2 para. 6 (with art. 6)

[^key-782e5028d3d5351cbfed7c3a8f45c818]: Ss. 14-19 repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

[^key-a3bd2a20886572faf5e3ba29c96e90a9]: Sch. 1 repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

[^key-f4f7085fd7eeda99387c6a200225b32c]: Words in s. 44(5) repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

[^key-489c08dd5464cef15f1455190f47b70f]: S. 44(4) repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

[^key-4e310b807745c59f95bafb9de1232b7a]: Words in s. 44(3) repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

[^key-33b6482f87d91ea900a886c59cc1eda2]: Words in Sch. 2A para. 2(4)(d) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 4 Pt. 3; S.R. 2012/13, art. 2(2), Sch. 2 (with art. 3)

[^key-0ee5fcb73ce84eb870206d022b28e4f9]: Words in Sch. 2A para. 16(1) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 31(a)(i) (with s. 97); S.I. 2012/1205, art. 4(k)

[^key-6b2593a0d8f3b3e1ddeb907acd9ffe29]: Words in Sch. 2A para. 16(d) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 31(a)(ii) (with s. 97); S.I. 2012/1205, art. 4(k)

[^key-4f22639f5147673943f29c528db72ee8]: Words in Sch. 2A para. 16(d) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 31(a)(iii) (with s. 97); S.I. 2012/1205, art. 4(k)

[^key-df057b7526901e2815e3dd51cec19a78]: Words in Sch. 2A para. 16(2) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 31(b) (with s. 97); S.I. 2012/1205, art. 4(k)

[^key-fcf601886e2af3208da0d4dda2adc283]: Words in s. 30A(8) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 11(2) (with arts. 24-28)

[^key-f0eca35d17cdae6d6c70898fd4df3bcd]: Words in s. 41(2) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 11(3) (with arts. 24-28)

[^key-79777514a8dc78f79678d169a80788e4]: Words in s. 44(5) omitted (18.10.2012) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 11(4)(a) (with arts. 24-28)

[^key-a5104ff53a8327231bf2352ec2f90996]: Words in s. 44(6) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 11(4)(b) (with arts. 24-28)

[^key-4876143423c8f5b988747ca9af5b8b9a]: Sch. 2A para. 9A inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 4; S.I. 2016/553, reg. 2

Disclosure of information and holding of inquiries

Protected disclosures by police officers

Assaults on, and obstruction of, designated persons

Special committee of the Board

30A
  • (1) The Chief Constable may designate a member of the police support staff as a community support officer.
  • (2) The Chief Constable may designate a person under this section only if he is satisfied that—
  • (a) the person is a suitable person to carry out the functions of a community support officer;
  • (b) the person is capable of effectively carrying out those functions; and
  • (c) the person has received adequate training in the carrying out of those functions.
  • (3) A person designated under this section has, by virtue of the designation, the powers and duties set out in Schedule 2A (and references in any statutory provision to the powers and duties conferred or imposed on him by his designation shall be construed accordingly).
  • (4) A person designated under this section is not authorised or required by virtue of his designation to engage in any conduct otherwise than in the course of his employment as a member of the police support staff.
  • (5) Where any power conferred on a person by his designation under this section is a power which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force, the designated person has the same entitlement to use reasonable force in exercising that power as a police officer would have if the power were exercised by him.
  • (6) Where any power conferred on a person by his designation under this section includes power to use force to enter any premises, that power is exercisable by the person only—
  • (a) in the company of a police officer and under the supervision of a police officer; or
  • (b) for the purpose of saving life or limb or preventing serious damage to property.
  • (7) A power exercisable by any person in reliance on his designation under this section shall be exercisable only when he is wearing such uniform as may be—
  • (a) determined or approved for the purposes of this section by the Chief Constable; and
  • (b) identified or described in the designation.
  • (8) The Department of Justice may by order amend Schedule 2A.

Intimate samples

Notifiable memberships

Codes of practice

Repeals and revocations

Designated persons: interpretation

Codes of practice

Power to direct traffic and place traffic signs

Power to stop and search vehicles etc in authorised areas

2A

Where a designation applies this paragraph to any person—

  • (a) the persons to whom a warrant may be addressed under section 25 of the Theft Act (Northern Ireland) 1969 (search for stolen goods) shall include that person; and
  • (b) in relation to such a warrant addressed to him, that person shall have the powers under subsection (3) of that section.
2B

Where a designation applies this paragraph to any person, subsection (3), and (to the extent that it applies subsection (3)) subsection (3A), of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence) shall have effect as if the reference to a constable included a reference to that person.

Powers in respect of detained persons

8A

Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

  • (a) to assist any officer or other designated person to keep any person detained at the police station under control; and
  • (b) to prevent the escape of any such person,

and for those purposes shall be entitled to use reasonable force.

Persons accompanying investigating officers

10A
  • (1) This paragraph applies where a person (“an authorised person”) is authorised by virtue of Article 18(2) of the 1989 Order to accompany an investigating officer designated for the purposes of paragraph 2 (or 3) in the execution of a warrant.
  • (2) The reference in paragraph 2(h) (or 3(g)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.
  • (3) In relation to any such seizure, paragraph 2(h) (or 3(g)) is to be read as if it provided for the references to a constable in Article 23(1) and (2) of the 1989 Order to include references to the authorised person.
  • (4) The reference in paragraph 2(i) (or 3(h)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.
  • (5) In relation to anything so seized, paragraph 2(i)(ii) (or 3(h)(ii)) is to be read as if it provided for—
  • (a) the references to the supervision of a constable in paragraphs (3) and (4) of Article 23 of the 1989 Order to include references to the supervision of a person designated for the purposes of paragraph 2 (or paragraph 3), and
  • (b) the reference to a constable in paragraph (5) of that Article to include a reference to such a person or an authorised person accompanying him.
  • (6) Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 10, the references in sub-paragraphs (1)(a) and (b) of that paragraph to the designated person include references to the authorised person.

Taking of impressions of footwear

20A

Where a designation applies this paragraph to any person—

  • (a) he shall, at any police station, have the powers of a constable under Article 61A of the 1989 Order (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and
  • (b) the requirement by virtue of Article 61A(5)(a) of the 1989 Order that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.

Powers in respect of detained persons

20B

Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

  • (a) to keep under control any person detained at the police station and for whom he is for the time being responsible;
  • (b) to assist any officer or other designated person to keep any other person detained at the police station under control; and
  • (c) to prevent the escape of any such person as is mentioned in sub-paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.

Use of reasonable force in relation to detained persons

20C

Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—

  • (a) securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station, or
  • (b) escorting within a police station, or assisting an officer or another designated person to escort within a police station, a person detained there.

Powers in relation to information about intimate search, x-ray and ultrasound

20D

Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—

  • (a) Article 56 of the 1989 Order of informing a person who is to be subject to an intimate search under that Article of the matters of which he is required to be informed in pursuance of paragraph (3B) of that Article;
  • (b) Article 56A of that Order of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that Article of the matters of which he is required to be informed in pursuance of paragraph (3) of that Article.

SCHEDULE 2A

Powers to issue fixed penalty notice

1

A CSO shall have the power of a constable in uniform to give a fixed penalty notice under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996 (fixed penalty notices) to any person who he has reason to believe has committed an offence under Article 42 or 43 of the Road Traffic (Northern Ireland) Order 1995 (dangerous, careless or inconsiderate cycling).

2
  • (1) Subject to sub-paragraph (2), where a CSO has reason to believe that another person has committed a relevant offence, he may require that other person to give him his name and address.
  • (2) The power to impose a requirement under sub-paragraph (1) in relation to an offence under a relevant byelaw is exercisable only in, or in the vicinity of, a place to which the byelaw relates.
  • (3) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
  • (4) In this paragraph “relevant offence” means—
  • (a) an offence under section 3 of the Vagrancy (Ireland) Act 1847;
  • (b) an offence under section 24 of the Children and Young Persons Act (Northern Ireland) 1968;
  • (c) an offence under Article 18 of the Public Order (Northern Ireland) Order 1987;
  • (d) an offence under Article 3 ... of the Litter (Northern Ireland) Order 1994;
  • (e) an offence under any of Articles 3, 30(9), 41, 50 or 60 to 64 of the Licensing (Northern Ireland) Order 1996;
  • (f) an offence under a relevant byelaw.
  • (5) In this paragraph and paragraph 4 “relevant byelaw” means a byelaw included in a list of byelaws which—
  • (a) have been made by a relevant body with authority to make byelaws for any place; and
  • (b) the Chief Constable and the relevant body have agreed to include in the list.
  • (6) The list must be published by the Chief Constable in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.
  • (7) A list of byelaws mentioned in sub-paragraph (6) may be amended from time to time by agreement between the Chief Constable and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the Chief Constable as mentioned in sub-paragraph (6).
  • (8) A relevant body for the purposes of sub-paragraph (5) is—
  • (a) a district council;
  • (b) any other body specified in an order made by the Secretary of State.
  • (9) An order under sub-paragraph (8) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (5)(b) and (7) is to be made between the Chief Constable and the Secretary of State (rather than between the Chief Constable and the relevant body).
3

A CSO shall have the powers of a constable—

  • (a) under Article 177 of the Road Traffic (Northern Ireland) Order 1981 to require a person to give information about certain offences;
  • (b) under Article 178 of that Order to require a pedal cyclist to give his name and address;
  • (c) under Article 179 of that Order to require a pedestrian to give his name and address
4
  • (1) Where, in a case in which a requirement has been imposed on another person under paragraph 2(1) or by virtue of paragraph 3—
  • (a) that other person fails to comply with the requirement, or
  • (b) the CSO who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,

the CSO who imposed the requirement may require the other person to wait with him, for a period not exceeding 30 minutes, for the arrival of a constable.

  • (2) Sub-paragraph (1) does not apply if the requirement was imposed in connection with an offence under the Licensing (Northern Ireland) Order 1996 believed to have been committed on licensed premises (within the meaning of that Order).
  • (3) Where by virtue of paragraph 2 a CSO has the power to impose a requirement under sub-paragraph (1) of that paragraph in relation to an offence under a relevant byelaw, the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.
  • (4) Where a CSO has reason to believe that another person is committing an offence under section 3 of the Vagrancy (Ireland) Act 1847, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding 30 minutes, for the arrival of a constable.
  • (5) A person who has been required under sub-paragraph (1) or (4) to wait with a CSO may, if requested to do so, elect that (instead of waiting) he will accompany the CSO imposing the requirement to a police station.
  • (6) A person who—
  • (a) makes off while subject to a requirement under sub-paragraph (1) or (4), or
  • (b) makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (5),

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

5

A CSO shall have the powers of a constable in uniform under section 13 of the Public Processions (Northern Ireland) Act 1998 (control of alcohol at public processions)—

  • (a) to impose a requirement under subsection (1) or (3) of that section; and
  • (b) to dispose under subsection (5) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by a CSO as if the references to a constable (except in subsection (8) (power to stop vehicles)) were references to the CSO.

6
  • (1) A CSO shall have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of intoxicating liquor)—
  • (a) to impose a requirement under subsection (1) or (1AA) of that section; and
  • (b) to dispose under subsection (2) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by a CSO as if the references to a constable in subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal)) were references to the CSO.

  • (2) Paragraph 4 applies in the case of a requirement imposed by a CSO under section 1(1AA) of that Act of 1997 on any person to state his name and address as it applies in the case of a requirement under paragraph 2(1).

Confiscation of alcohol: young persons

7
  • (1) A CSO shall have the power to seize anything that a constable has power to seize under Article 5(1) of the Health and Personal Social Services (Northern Ireland) Order 1978 (seizure of tobacco etc from young persons).
  • (2) Article 5(2) of that Order (disposal) applies to anything seized by virtue of sub-paragraph (1) as it applies to anything seized by a constable under Article 5(1) of that Order.
8
  • (1) Where—
  • (a) in exercise of the powers referred to in paragraph 5 or 6 a CSO has imposed, under section 13 of the Public Processions (Northern Ireland) Act 1998 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol;
  • (b) that person fails to comply with that requirement; and
  • (c) the CSO reasonably believes that the person has alcohol in his possession,

the CSO may search him for it.

  • (2) Where—
  • (a) in exercise of the powers referred to in paragraph 7 a CSO has sought to seize something which by virtue of that paragraph he has a power to seize;
  • (b) the person from whom he sought to seize it fails to surrender it; and
  • (c) the CSO reasonably believes that the person has it in his possession,

the CSO may search him for it.

  • (3) The power to search conferred by sub-paragraph (1) or (2)—
  • (a) is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and
  • (b) does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.
  • (4) A person who without reasonable excuse fails to consent to being searched under sub-paragraph (1) or (2) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
  • (5) A CSO who proposes to exercise the power to search a person under sub-paragraph (1) or (2) must inform him that failing without reasonable excuse to consent to being searched is an offence.
  • (6) If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.
  • (7) Paragraph 4 applies in the case of a requirement imposed under sub-paragraph (6) as it applies in the case of a requirement under paragraph 2(1).
  • (8) If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.
9
  • (1) If a CSO—
  • (a) finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of any other paragraph of this Schedule); and
  • (b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

  • (2) If a CSO—
  • (a) finds a controlled drug in a person's possession (as mentioned in sub-paragraph (1)); or
  • (b) reasonably believes that a person is in possession of a controlled drug,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

  • (3) If in exercise of the power conferred by sub-paragraph (1) the CSO seizes and retains a controlled drug, he must—
  • (a) if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and
  • (b) comply with a constable's instructions about what to do with it.
  • (4) A person who fails to comply with a requirement under sub-paragraph (2) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
  • (5) Paragraph 4 applies in the case of a requirement imposed by virtue of sub-paragraph (2) as it applies in the case of a requirement under paragraph 2(1).
  • (6) In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.
10

A CSO shall have the powers of a constable under Article 19 of the 1989 Order to enter and search any premises for the purpose of saving life or limb or preventing serious damage to property.

11
  • (1) A CSO shall have the powers of a constable under Article 71(1)(b) of the Licensing (Northern Ireland) Order 1996 to enter and inspect premises.
  • (2) Except as mentioned in sub-paragraph (3), a CSO shall not, in exercise of the power conferred by sub-paragraph (1), enter any premises except in the company, and under the supervision, of a constable.
  • (3) The prohibition in sub-paragraph (2) does not apply in relation to premises in respect of which the CSO reasonably believes that a licence under the Licensing (Northern Ireland) Order 1996 authorises the sale of intoxicating liquor for consumption off the premises.
12

A CSO shall have the power of a constable in uniform under Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 to require a person driving a vehicle or riding a pedal cycle to stop.

Power to direct traffic and place traffic signs

13
  • (1) A CSO shall have—
  • (a) the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;
  • (b) the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.
  • (2) A CSO shall also have the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.
  • (3) Article 49 of the Road Traffic (Northern Ireland) Order 1995 (offences of failing to comply with directions of constable in uniform) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (2), for the purposes for which they may be exercised and by a CSO, as if the references to a constable in uniform were references to a CSO.
  • (4) A CSO shall have the powers of a constable under Article 32 of the Road Traffic Regulation (Northern Ireland) Order 1997 to place traffic signs.
  • (5) Article 50 of the Road Traffic (Northern Ireland) Order 1995 (contravention of indication given by traffic sign) shall apply to signs placed in the exercise of the powers conferred by virtue of sub-paragraph (4).
14

A CSO shall have the power to carry out any road check the carrying out of which by a police officer is authorised under Article 6 of the 1989 Order (road checks).

15

A CSO shall, in relation to any cordoned area have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

Confiscation of tobacco etc

16
  • (1) A CSO shall, in any authorised area, have all the powers of a constable in uniform by virtue of section 47A(2)(a) and (d), (3)(b) and (6) of the Terrorism Act 2000 (powers of stop and search)—
  • (a) to stop and search vehicles;
  • (b) to search anything in or on a vehicle or anything carried by the driver of a vehicle or any passenger in a vehicle;
  • (c) to search anything carried by a pedestrian; and
  • (d) to seize and retain anything which is discovered in the course of a search carried out by him or by a constable by virtue of any provision of section 47A(2) or (3) of that Act and which he reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b) of that Act .
  • (2) References to a constable in subsections (4) and (5) of section 47A of, and paragraphs 1 and 2 of Schedule 6B to, that Act (which relate to the exercise of those powers) shall have effect in relation to the exercise of any of those powers by a CSO as references to a CSO.
  • (3) A CSO shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.
17

A CSO shall have the powers of a constable under—

  • (a) Article 3 of the 1989 Order in relation to any firework to which paragraph (9A) of that Article applies;
  • (b) regulation 7(4) of the Explosives (Fireworks) Regulations (Northern Ireland) 2002.
18
  • (1) In this Schedule—
  • “a CSO” means a person designated as a community support officer under section 30A;
  • “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989.
  • (2) Expressions used in this Schedule and in the 1989 Order have the same meaning in this Schedule as in that Order.

Power to require name and address: relevant offences

Confiscation of tobacco etc

Power to direct traffic and place traffic signs

Power to stop and search vehicles etc in authorised areas

34A
  • (1) The Secretary of State may make regulations containing provision of any kind within section 34(1) to (3) for purposes connected with—
  • (a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);
  • (b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision (within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954).
  • (2) Before making regulations under this section the Secretary of State must consult the Department of Justice, the persons mentioned in section 34(4)(a) to (d) and any other person or body appearing to the Secretary of State to have an interest in the matter.
  • (3) Regulations made by the Department of Justice under section 34 have effect subject to regulations made by the Secretary of State under this section.

Chief Constable’s functions

Appointment of constables with special policing skills

Members of PSNI engaged on other police service

Protected disclosures by police officers

Restriction on disclosure of information

Complaints and misconduct

Secretary of State’s power to make regulations

Intimate searches

Power to require name and address: relevant offences

Confiscation of tobacco etc

Search and seizure powers: alcohol and tobacco

Carrying out of road checks

Powers in relation to fireworks

Powers in relation to fireworks

Long-term policing objectives

Codes of Practice

Performance summaries

Performance summaries: supplementary

Reports of Chief Constable

Inquiries by Board

Approval of proposals relating to inquiries by Board

Investigations into current police practices and policies

Independent members: appointment

Provision of information to Board

Fixed-term appointments

Restriction on disclosure of information

Police powers for designated police support staff

Notifiable memberships

9A
  • (1) If a CSO—
  • (a) finds a psychoactive substance in a person's possession (whether or not the CSO finds it in the course of searching the person by virtue of any other paragraph of this Schedule), and
  • (b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

  • (2) If a CSO—
  • (a) finds a psychoactive substance in a person's possession (as mentioned in sub-paragraph (1)), or
  • (b) reasonably believes that a person is in possession of a psychoactive substance,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require the person to give the CSO his name and address.

  • (3) If in exercise of the power conferred by sub-paragraph (1) the CSO seizes and retains a psychoactive substance, the CSO must—
  • (a) if the person from whom it was seized maintains that he was lawfully in possession of it—
  • (i) tell the person where inquiries about its recovery may be made, and
  • (ii) explain the effect of sections 49 to 51 and 53 of the Psychoactive Substances Act 2016 (retention and disposal of items), and
  • (b) comply with a constable's instructions about what to do with it.
  • (4) Any substance seized in exercise of the power conferred by sub-paragraph (1) is to be treated for the purposes of sections 49 to 53 of the Psychoactive Substances Act 2016 as if it had been seized by a police or customs officer under section 36 of that Act.
  • (5) A person who fails to comply with a requirement under sub-paragraph (2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
  • (6) Paragraph 4 applies in the case of a requirement imposed by virtue of sub-paragraph (2) as it applies in the case of a requirement under paragraph 2(1).
  • (7) In this paragraph “police or customs officer” and “psychoactive substance” have the same meaning as in the Psychoactive Substances Act 2016.

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