HC Deb 26 March 2003 vol 402 cc408-9

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

  1. (a) in the case of an independent member, he failed to make the necessary disclosure in relation to a conviction of his for a criminal offence in Northern Ireland or elsewhere;
  2. (b) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;
  3. (c) he has been convicted of a criminal offence in Northern Ireland or elsewhere committed after the date of his appointment;
  4. (d) he has become bankrupt or made a composition or arrangement with his creditors;
  5. (e) he has failed to comply with the terms of his appointment; or
  6. (f) he is otherwise unable or unfit to discharge his functions as a member of the subgroup.

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

  1. (a) before his nomination, to the council;
  2. (b) before his appointment, to the Board.

(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.

(4) As applied by subparagraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—

  1. (a) in subsection (1), for the words from "after" to "the Assembly" substitute "when he is an independent member of a subgroup established under section 21 of the Police (Northern Ireland) Act 2000";
  2. (b) omit subsection (4);
  3. (c) in subsection (5), in the definition of "public meeting" after paragraph (c) insert—

"(d) any meeting of a subgroup established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a subgroup (whether or not a meeting which the public is permitted to attend), and

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