Policing and Crime Bill (HC Bill 158)

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person and the constable until the CSO or CSV has transferred
control of the person to the constable.

(6) Where the person does elect to accompany the CSO or CSV to the
police station—

(a) 5the CSO or CSV is under a duty to remain at the police
station until the CSO or CSV has transferred control of the
person to the custody officer there,

(b) until control is transferred, the CSO or CSV is treated for all
purposes as having the person in his or her lawful custody,
10and

(c) for so long as the CSO or CSV remains at the police station
or in its immediate vicinity (whether before control of the
person is transferred or afterwards), the CSO or CSV is
under a duty to prevent the person’s escape and to assist
15in keeping the person under control.

(7) A person who—

(a) makes off while subject to a requirement under sub-
paragraph (1) or (3), or

(b) makes off while accompanying a CSO or CSV to a police
20station in accordance with an election under sub-
paragraph (4),

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

Powers to search etc individuals detained under paragraph 7

8 (1) 25A CSO or CSV may exercise the powers set out in sub-paragraphs
(2) and (3) in relation to a person whom the CSO or CSV has
required to wait for the arrival of a constable under paragraph 7(1)
or (3) (whether or not that person makes an election under
paragraph 7(4)).

(2) 30If the CSO or CSV has reasonable grounds for believing that the
person may present a danger to himself or herself or to others, the
CSO or CSV may search the person.

(3) If the CSO or CSV has reasonable grounds for believing that the
person may have concealed on him or her anything which might
35be used to assist in escaping from lawful custody, the CSO or CSV
may search the person for that thing.

(4) The power conferred by sub-paragraph (2) or (3)—

(a) does not authorise a CSO or CSV to require a person to
remove any of his or her clothing in public other than an
40outer coat, jacket or gloves;

(b) does authorise a search of a person’s mouth.

(5) A CSO or CSV searching a person under sub-paragraph (2) may
seize and retain anything that is found, if the CSO or CSV has
reasonable grounds for believing that the person searched might
45use it to cause physical injury to himself or herself or to any other
person.

Policing and Crime BillPage 271

(6) A CSO or CSV searching a person under sub-paragraph (3) may
seize and retain anything that is found, other than an item subject
to legal privilege, if the CSO or CSV has reasonable grounds for
believing that the person might use it to assist in escaping from
5lawful custody.

(7) If a CSO or CSV seizes or retains anything under sub-paragraph
(5) or (6), the CSO or CSV must—

(a) tell the person from whom it was seized where inquiries
about its recovery may be made, and

(b) 10comply with a constable’s instructions about what to do
with it.

Persons detained under paragraph 7: park trading offences

9 (1) If a CSO or CSV reasonably suspects that a person required to wait
for the arrival of a constable under paragraph 7(1) has committed
15a park trading offence, the CSO or CSV may take possession of
anything of a non-perishable nature which—

(a) the person has in his or her possession or under his control,
and

(b) the CSO or CSV reasonably believes to have been used in
20the commission of the offence.

(2) The CSO or CSV may retain possession of the thing in question for
a period not exceeding 30 minutes unless the person makes an
election under paragraph 7(4), in which case the CSO or CSV may
retain possession of the thing in question until he or she is able to
25transfer control of it to a constable.

(3) In this paragraph “park trading offence” means an offence
committed in a specified park which is a park trading offence for
the purposes of the Royal Parks (Trading) Act 2000.

(4) In sub-paragraph (3), “specified park” has the same meaning as in
30section 162 of the Serious Organised Crime and Police Act 2005.

Road traffic

10 A CSO or CSV has in the relevant police area the powers conferred
on persons designated by regulations under section 99 of the Road
Traffic Regulation Act 1984 (removal of abandoned vehicles).

35Power to use reasonable force

11 A CSO or CSV has power to use reasonable force—

(a) to prevent a person whom the CSO or CSV has required
under paragraph 7(1) or (3) to wait for a constable from
making off, or to keep the person under control, at any
40time while the person is subject to the requirement;

(b) where such a person elects under paragraph 7(4) to
accompany a CSO or CSV to a police station, to prevent the
person from making off, or to keep the person under
control, while the person is accompanying the CSO or CSV
45to the police station;

Policing and Crime BillPage 272

(c) where a CSO or CSV is fulfilling a duty imposed under
paragraph 7(5) or (6), to prevent the person from making
off (or escaping) and to keep him or her under control;

(d) where a CSO or CSV is exercising a power conferred by
5paragraph 8.”

Section 40

SCHEDULE 11 Powers of civilian staff and volunteers: further amendments

Part 1 Amendments of the Police Reform Act 2002

1 (1) 10Section 38B (police powers for civilian employees under collaboration
agreements) is amended as follows.

(2) In subsection (1)(a), after “civilian employee of” insert “, or a police
volunteer with”.

(3) In subsection (2), for “one or more of the descriptions specified in section
1538(2)” substitute “either or both of the descriptions specified in section 38(1)
(if C is a civilian employee of the assisting force) or section 38(1A) (if C is a
police volunteer with the assisting force)”.

(4) In subsection (3), for “section 38(2)” substitute “section 38(1) or (as the case
may be) section 38(1A)”.

(5) 20In subsection (10)—

(a) for “civilian employees of the assisting force” substitute “persons
designated under section 38 by the chief officer of police of the
assisting force”;

(b) for “section 23B” substitute “section 23AA”.

2 (1) 25Section 42 (supplementary provisions relating to designations and
accreditations) is amended as follows.

(2) Omit subsections (A1) to (C1) and (1A).

(3) In subsection (2A), for “investigating officer”, in each place where it occurs,
substitute “policing support officer or policing support volunteer”.

(4) 30In subsection (2B), for ““investigating officer” means a person designated as
an investigating officer” substitute ““policing support officer” and “policing
support volunteer” mean (respectively) a person designated as a policing
support officer or (as the case may be) a policing support volunteer”.

(5) After subsection (7A) insert—

(7B) 35For the purposes of determining liability for the unlawful conduct of
police volunteers designated under section 38, conduct by such a
volunteer in reliance or purported reliance on a designation under
that section is to be taken to be conduct by that person in the course
of employment by the chief officer of police by whom the
40designation is made; and, in the case of a tort, that chief officer is to
be treated as a joint tortfeasor accordingly.

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(7C) For the purposes of determining liability for the unlawful conduct of
police volunteers designated under section 38, conduct by such a
volunteer in reliance or purported reliance on a designation under
section 38B is to be taken to be conduct by that person in the course
5of employment by the chief officer of police by whom the
designation under section 38 is made; and, in the case of a tort, that
chief officer is to be treated as a joint tortfeasor accordingly.”

3 Omit section 45 (code of practice relating to chief officers’ powers under
Chapter 1).

4 10In section 105 (powers of Secretary of State to make orders and regulations),
in subsection (3)(b)—

(a) for “any order that is” substitute “any order or regulations that are”;

(b) after “section 19(3),” insert “38(9C),”;

(c) omit “, 38A(4)”;

(d) 15omit “or paragraph 15A(2) of Schedule 4”.

5 (1) Schedule 4 is amended as follows.

(2) For the heading to the Schedule substitute “Powers exercisable by
contracted-out staff”.

(3) Omit Parts 1 and 2.

(4) 20In Part 5, in paragraph 36—

(a) in sub-paragraph (1)(a), for “section 38 or 39” substitute “section 39”;

(b) omit sub-paragraphs (2) and (2A);

(c) in sub-paragraph (3), for “section 38 or 39” substitute “section 39”;

(d) omit paragraph (3A).

25Part 2 Other amendments

6 (1) Schedule 1 to the Representation of the People Act 1983 (parliamentary
election rules) is amended as follows.

(2) In paragraph 31(2)—

(a) 30after “community support officer” insert “or community support
volunteer”;

(b) in the words in brackets, after “employees” insert “or volunteers”.

(3) In paragraph 32(5)—

(a) after “community support officer” insert “or community support
35volunteer”;

(b) in the words in brackets, after “employees” insert “or volunteers”.

7 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 55 (intimate searches), in subsection (17), in the definition of
“appropriate officer”, omit paragraph (b).

(3) 40In section 64A (photographing of suspects etc), in subsection (1B)—

(a) in paragraph (c), for “with a community support officer under
paragraph 2(3) or (3B) of Schedule 4” substitute “with a community

Policing and Crime BillPage 274

support officer or a community support volunteer under paragraph
7 of Schedule 3B”;

(b) for paragraph (e) substitute—

(e) given a fixed penalty notice by a community support
5officer or community support volunteer who is
authorised to give the notice by virtue of his or her
designation under section 38 of the Police Reform Act
2002;”.

(4) In section 67 (codes of practice - supplementary), in subsection (9A), in the
10words in brackets, after “civilian staff” insert “and volunteers”.

8 In the Road Traffic Act 1988, in section 144 (exceptions from requirement of
third-party insurance or security), in subsection (2)(b), after “in its capacity
as a police authority,” insert “by a police volunteer designated under section
38 of the Police Reform Act 2002,”.

9 15In the Road Traffic Offenders Act 1988, in section 79 (statements by
constables), in subsection (2), after “civilian police employee” insert “, or by
a police volunteer designated under section 38 of the Police Reform Act
2002,”.

10 (1) The Police Act 1996 is amended as follows.

(2) 20In section 23AA (force collaboration provision about civilian employees)—

(a) in subsection (1), for “designated civilian employees of one police
force” substitute “persons designated under section 38 of the Police
Reform Act 2002 (“designated persons”) by the chief officer of one
police force”;

(b) 25in subsection (2) for “designated civilian employees” (in both places
where it occurs) substitute “designated persons”;

(c) in subsection (3)—

(i) for “designated civilian employees” substitute “designated
persons”

(ii) 30for “those employees” substitute “those persons”;

(d) in subsection (4), for “designated civilian employees” substitute
“designated persons”;

(e) in subsection (5) —

(i) in the opening words, for “civilian employees of the assisting
35force” substitute “persons designated under section 38 of the
Police Reform Act 2002 by the chief officer of the assisting
force”;

(ii) in each of paragraphs (a) to (c), for “civilian employees”
substitute “designated persons”;

(f) 40in subsection (6), omit the definition of “designated”.

(3) In section 23I(7) (collaboration agreements: definition)—

(a) omit the “and” at the end of paragraph (a);

(b) at the end of paragraph (b), insert and

(c) references to persons who are under the direction and
45control of the chief officer of police by virtue of being
volunteers with the force.”

11 In the Crime and Disorder Act 1998, in section 66H (interpretation of
Chapter 1), in paragraph (c), for “an investigating officer” (in the second

Policing and Crime BillPage 275

place it occurs) substitute “a policing support officer or a policing support
volunteer”.

12 In the Representation of the People Act 2000, in Schedule 4 (absent voters in
Great Britain), in paragraph 2(5ZA)—

(a) 5after “community support officer” insert “or community support
volunteer”;

(b) in the words in brackets, after “employees” insert “or volunteers”.

13 In the Terrorism Act 2000, in section 47AE (effect of code), in subsection (5),
omit “paragraph 15 of Schedule 4 to the Police Reform Act 2002 or”.

14 10In the Private Security Industry Act 2001, in Schedule 2 (activities liable to
control under the Act), in paragraph 2, for sub-paragraph (7)(f) substitute—

(f) activities of a person designated under section 38 of the
Police Reform Act 2002 (police powers for civilian staff and
volunteers) which are carried out by virtue of the
15designation;”.

15 In the Anti-social Behaviour Act 2003 omit the following—

(a) section 23(3) and (4);

(b) section 46(1);

(c) section 89(3) and (4).

16 (1) 20The Criminal Justice Act 2003 is amended as follows.

(2) In section 27 (interpretation), in the definition of “investigating officer”, for
“an investigating officer” (in the second place it occurs) substitute “a
policing support officer or a policing support volunteer”.

(3) In Schedule 1, omit paragraphs 17 to 19.

17 (1) 25Section 28 of the Railways and Transport Safety Act 2003 (exercise of powers
by civilians) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), in the words in brackets, at the end insert “and
volunteers”;

(b) 30omit paragraph (aa);

(c) omit paragraph (d);

(d) omit the “and” after paragraph (f);

(e) after paragraph (f) insert—

(fa) Schedule 3B (designations under section 38),

(fb) 35Schedule 3C (designations under section 38:
additional powers and duties), and”;

(f) in paragraph (g), in the words in brackets, for “civilians” substitute
“contracted-out staff”.

(3) In subsection (2)—

(a) 40omit paragraph (e);

(b) in paragraph (f), for “Schedule 4” substitute “Schedules 3C and 4”.

18 In the Serious Organised Crime and Police Act 2005—

(a) omit section 122(3);

(b) in Schedule 8, omit paragraphs 1 to 15;

(c) 45in Schedule 9, omit paragraphs 2 to 6;

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(d) in Schedule 13, omit paragraph 13.

19 In the Violent Crime Reduction Act 2006, omit section 24(6).

20 In the Education and Inspections Act 2006, omit the following—

(a) section 107(2) and (3);

(b) 5section 108(7).

21 (1) The Police and Justice Act 2006 is amended as follows.

(2) Omit sections 7 and 8.

(3) In section 9, omit “makes amendments consequential on section 7 (standard
powers and duties of community support officers), and”.

(4) 10In Schedule 5, omit paragraphs 2(3) and (4), 3 and 5(2) to (9).

(5) In Schedule 14, omit paragraph 48.

22 In the Local Government and Public Involvement in Health Act 2007—

(a) omit section 133(2);

(b) in Schedule 6, omit paragraph 4(1).

23 15In the UK Borders Act 2007, omit section 47.

24 In the Local Transport Act 2008, in Schedule 4, omit paragraph 65.

25 In the Local Democracy, Economic Development and Construction Act 2009,
in Schedule 6, omit paragraph 116.

26 In the Policing and Crime Act 2009, in Schedule 7, omit paragraph 125(3)(b).

27 20In the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit
paragraphs 292(3), 293, 298 and 303.

28 In the Protection of Freedoms Act 2012, in Schedule 9, omit paragraph 30.

29 In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in
Schedule 23, omit paragraph 14(3).

30 25In the Local Government Byelaws (Wales) Act 2012 (anaw 2), omit section
17(2).

31 In the Anti-social Behaviour, Crime and Policing Act 2014, omit the
following—

(a) section 40;

(b) 30section 53(5) and (6);

(c) section 69;

(d) section 152 and Schedule 10;

(e) in Schedule 11, paragraph 32.

32 In the Psychoactive Substances Act 2016, in Schedule 5, omit paragraph 3.

35Part 3 Minor correcting amendments

33 (1) The Police Reform Act 2002 is amended as follows.

Policing and Crime BillPage 277

(2) In section 50 (persons acting in an anti-social manner), in subsection (1), for
“has been acting, or is acting, in an anti-social manner” substitute “has
engaged, or is engaging, in anti-social behaviour”.

(3) In consequence of the amendment made by sub-paragraph (2), in the
5heading of the section, for “acting in an anti-social manner” substitute
“engaging in anti-social behaviour”.

(4) In Schedule 5, in paragraph 3, the existing text becomes sub-paragraph (1).

(5) In that sub-paragraph, for the words from “to have been acting” to “(anti-
social behaviour orders))” substitute “to have been engaging, or to be
10engaging, in anti-social behaviour”.

(6) After that sub-paragraph insert—

(2) In sub-paragraph (1), “anti-social behaviour” has the meaning
given by section 2 of the Anti-social Behaviour, Crime and
Policing Act 2014 (ignoring subsection (2) of that section).”

(7) 15In consequence of the amendment made by sub-paragraph (5), in the italic
heading before paragraph 3, for “acting in an anti-social manner” substitute
“engaging in anti-social behaviour”.

Section 41

SCHEDULE 12 Abolition of office of traffic warden

20Chronically Sick and Disabled Persons Act 1970 (c.44)1970 (c.44)

1 In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges
for display on motor vehicles used by disabled persons), in subsection (4BB),
omit paragraph (a).

Aviation Security Act 1982 (c.36)1982 (c.36)

2 25In section 29 of the Aviation Security Act 1982 (control of road traffic at
relevant aerodromes), in subsection (2)—

(a) at the beginning insert “In the application of this Part to Scotland and
Northern Ireland,”;

(b) in paragraph (a), for the words from “the chief officer of police” to
30“(in any other case)” substitute “the police authority”.

Road Traffic Offenders Act 1988 (c.53)1988 (c.53)

3 In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences), in Part 1, in the fifth column of the entry relating to
section 35 of the Road Traffic Act 1988, for “traffic officer or traffic warden”
35substitute “or traffic officer”.

Greater London Authority Act 1999 (c.29)1999 (c.29)

4 In the Greater London Authority Act 1999, omit section 290 (exercise by
traffic wardens of functions of parking attendants).

Policing and Crime BillPage 278

Police Reform Act 2002 (c.30)2002 (c.30)

5 In the Police Reform Act 2002, omit section 44 (removal of restriction on
powers conferred on traffic wardens).

Police Reform and Social Responsibility Act 2011 (c.13)2011 (c.13)

6 5In Schedule 16 to the Police Reform and Social Responsibility Act 2011
(minor and consequential amendments), omit paragraphs 166(2) and 167(3).

Section 46

SCHEDULE 13 Removal of references to ACPO

Replacement of definition of ACPO with definition of NPCC

1 (1) 10Section 101(1) of the Police Act 1996 is amended as follows.

(2) Omit the definition of “the Association of Chief Police Officers”.

(3) After the definition of “national or international functions” insert—

  • ““the National Police Chiefs’ Council” means the body called
    the National Police Chiefs’ Council which was established in
    15accordance with a collaboration agreement under section
    22A above entered into on 1 April 2015;”.

Repeal of references to ACPO

2 (1) The Police Reform Act 2002 is amended as follows.

(2) Omit section 96.

(3) 20In section 106 omit the definition of “the Association of Chief Police
Officers”.

3 (1) The Police and Justice Act 2006 is amended as follows.

(2) In the heading of section 6 for “and ACPO” substitute “and body
representing chief officers of police”.

(3) 25Schedule 4 is amended as follows—

(a) omit paragraph 2;

(b) omit paragraph 6;

(c) omit paragraph 8;

(d) omit paragraph 17;

(e) 30omit paragraph 18.

Substitution of references to NPCC for references to ACPO

4 In each of the provisions listed in paragraph 5 for “the Association of Chief
Police Officers of England, Wales and Northern Ireland” substitute “the
National Police Chiefs’ Council”.

5 35The provisions mentioned in paragraph 4 are—

(a) section 67(4)(b) of the Police and Criminal Evidence Act 1984;

Policing and Crime BillPage 279

(b) section 21A(4)(za) of the Criminal Procedure and Investigations Act
1996;

(c) section 6(2)(b) of the Police and Justice Act 2006.

6 In each of the provisions listed in paragraph 7 for “the Association of Chief
5Police Officers” substitute “the National Police Chiefs’ Council”.

7 The provisions mentioned in paragraph 6 are—

(a) section 42B(2)(b) of the Firearms Act 1968;

(b) section 18B(2)(b) of the Firearms (Amendment) Act 1988;

(c) sections 40B(2)(b), 42A(2)(b), 53(2)(b), 53B(3)(c), 53B(6)(b) and
1057(4)(b) of the Police Act 1996;

(d) section 35A(2)(b) of the Firearms (Amendment) Act 1997;

(e) sections 22(3)(b), 24(c), 38A(3)(b), 43(9)(a), 45(3)(f) and 51(7)(b) of the
Police Reform Act 2002;

(f) section 70(2)(j) of the Courts Act 2003;

(g) 15section 31(3)(a) of the Crime and Security Act 2010;

(h) sections 29(5)(b) and 33(8)(b) of the Protection of Freedoms Act 2012.

Section 128(5)

SCHEDULE 14 Amendments where NCA is party to police collaboration agreement

Police Act 1997

1 (1) 20Section 93 of the Police Act 1997 (authorisations to interfere with property
etc) is amended as follows.

(2) In subsection (1B), after “National Crime Agency officer” insert “giving an
authorisation on an application made by virtue of subsection (3)(b)(i)”.

(3) In subsection (3)—

(a) 25omit “or” at the end of paragraph (za)(i);

(b) in paragraph (za)(ii) for “section 23(1)” substitute “section 22A”;

(c) at the end of paragraph (za)(ii) insert or

(iii) in a case where the chief officer of police of the
authorising force has made an agreement
30under that section with the Director General
of the National Crime Agency, by a National
Crime Agency officer (but see subsection
(3AA));”;

(d) in paragraph (b)—

(i) 35for “subsection (5)(f), by” substitute subsection (5)(f)—

(i) by”;

(ii) at the end insert or

(ii) in a case where the Director General of
the National Crime Agency has made
40an agreement under section 22A of the
Police Act 1996 with the chief officer of
police of one or more police forces, by
a member of a collaborative force;”.