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Civil Nuclear Constabulary |
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55 | The Civil Nuclear Constabulary |
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(1) | It shall be the function of the Police Authority to secure the maintenance of an |
| |
efficient and effective constabulary, to be known as the Civil Nuclear |
| |
Constabulary (“the Constabulary”). |
| 5 |
(2) | The primary function of the Constabulary is— |
| |
(a) | the protection of licensed nuclear sites which are not used wholly or |
| |
mainly for defence purposes; and |
| |
(b) | safeguarding nuclear material in Great Britain and elsewhere. |
| |
(3) | The Police Authority may allocate to the Constabulary the function of carrying |
| 10 |
on such other activities relating to, or connected with, the security of— |
| |
| |
(b) | sites where such material is being, has been or is to be used, processed |
| |
| |
| as the Police Authority thinks fit. |
| 15 |
(4) | The Constabulary shall have the function of carrying on such other activities as |
| |
may be allocated to it by the Police Authority in accordance with directions |
| |
given to that Authority for the purposes of this section by the Secretary of State. |
| |
(5) | The Secretary of State may give the Police Authority directions restricting the |
| |
exercise of its powers under subsection (3). |
| 20 |
(6) | Subject to the provisions of this Chapter, the Police Authority may do anything |
| |
which appears to it to be likely to facilitate the carrying out of its functions, or |
| |
to be incidental to carrying them out. |
| |
(7) | Nothing in this section limits what a member of the Constabulary may do in |
| |
the exercise of the powers and privileges conferred on him by section 59. |
| 25 |
56 | Chief constable and other senior officers |
| |
(1) | The Police Authority— |
| |
(a) | must appoint a chief constable of the Constabulary and a deputy chief |
| |
constable of the Constabulary; and |
| |
(b) | may appoint one or more assistant chief constables of the Constabulary. |
| 30 |
(2) | Before appointing the deputy chief constable or an assistant chief constable, the |
| |
Police Authority must consult the chief constable. |
| |
(3) | The chief constable, the deputy chief constable and every assistant chief |
| |
constable are to be members of the Constabulary. |
| |
(4) | The approval of the Secretary of State is required for the making of an |
| 35 |
appointment under this section. |
| |
(5) | Schedule 11 (which makes provision about the removal and suspension of the |
| |
chief constable and other senior officers) has effect. |
| |
57 | Functions of senior officers |
| |
(1) | In carrying out his functions in any financial year, the chief constable must |
| 40 |
| |
| |
| |
|
| |
| |
(a) | the annual policing plan for that year issued by the Police Authority |
| |
under paragraph 2 of Schedule 12; and |
| |
(b) | the three-year strategy plan most recently issued by the Police |
| |
Authority under paragraph 3 of that Schedule for a period that includes |
| |
| 5 |
(2) | The deputy chief constable may perform a function of the chief constable— |
| |
(a) | while the chief constable is unable to act or unavailable; |
| |
(b) | during a vacancy in the office of chief constable; or |
| |
(c) | with the consent of the chief constable. |
| |
(3) | A consent for the purposes of subsection (2)(c) may be either general or |
| 10 |
| |
(4) | The Police Authority may authorise an assistant chief constable to perform a |
| |
function of the chief constable— |
| |
(a) | while both the chief constable and the deputy chief constable are unable |
| |
to act or unavailable; or |
| 15 |
(b) | while the offices of chief constable and deputy chief constable are both |
| |
| |
(5) | At any one time, only one person may be authorised to act under subsection |
| |
| |
(6) | No person shall be entitled by virtue of subsection (2)(a) or (b) or an |
| 20 |
authorisation under subsection (4) to act for a continuous period exceeding |
| |
three months, except with the consent of the Secretary of State. |
| |
58 | Members of the Constabulary |
| |
(1) | The Police Authority may appoint persons to be members of the Constabulary. |
| |
(2) | Members of the Constabulary are to be employees of the Police Authority and |
| 25 |
(apart from the chief constable himself) under the direction and control of the |
| |
| |
(3) | A person appointed as a member of the Constabulary must, on appointment— |
| |
(a) | be attested as a constable by making the required declaration before a |
| |
justice of the peace in England and Wales; or |
| 30 |
(b) | make the required declaration before a sheriff or a justice of the peace |
| |
| |
(4) | The required declaration is— |
| |
(a) | in the case of a declaration before a justice of the peace in England and |
| |
Wales, the declaration required by section 29 of the Police Act 1996 |
| 35 |
(c. 16) in the case of a member of a police force maintained under that |
| |
| |
(b) | in the case of a declaration before a sheriff or a justice of the peace in |
| |
Scotland, a declaration faithfully to execute the duties of the office of a |
| |
member of the Civil Nuclear Constabulary. |
| 40 |
| |
| |
|
| |
| |
Jurisdiction and powers of Constabulary |
| |
59 | Jurisdiction of Constabulary |
| |
(1) | A member of the Constabulary shall have the powers and privileges of a |
| |
| |
(a) | at every place comprised in a relevant nuclear site; and |
| 5 |
(b) | everywhere within 5 kilometres of such a place. |
| |
(2) | A member of the Constabulary shall have the powers and privileges of a |
| |
constable at every trans-shipment site where it appears to him expedient to be |
| |
in order to safeguard nuclear material while it is at the site. |
| |
(3) | A member of the Constabulary shall have the powers and privileges of a |
| 10 |
constable at every other place where it appears to him expedient to be in order |
| |
to safeguard nuclear material which is in transit. |
| |
(4) | A member of the Constabulary shall have the powers and privileges of a |
| |
constable at every place where it appears to him expedient to be in order to |
| |
pursue or to detain a person whom he reasonably believes— |
| 15 |
(a) | to have unlawfully removed or interfered with nuclear material being |
| |
safeguarded by members of the Constabulary; or |
| |
(b) | to have attempted to do so. |
| |
(5) | A member of the Constabulary shall have the powers and privileges of a |
| |
constable throughout Great Britain for purposes connected with— |
| 20 |
(a) | a place mentioned in subsections (1) to (4); |
| |
(b) | anything that he or another member of the Constabulary is proposing |
| |
to do, or has done, at such a place; or |
| |
(c) | anything which he reasonably believes to have been done, or to be |
| |
likely to be done, by another person at or in relation to such a place. |
| 25 |
(6) | This section has effect in United Kingdom waters adjacent to Great Britain as it |
| |
has effect in Great Britain, but as if references to the powers and privileges of a |
| |
constable were references to the powers and privileges of a constable in the |
| |
nearest part of Great Britain. |
| |
| 30 |
| “detain”, in relation to a person, includes transferring him to the custody |
| |
of another or to a place where he may be held in custody; |
| |
| “relevant nuclear site” means a licensed nuclear site other than a |
| |
| |
| “trans-shipment site” means a place which a member of the Constabulary |
| 35 |
reasonably believes to be— |
| |
(a) | a place where a consignment of nuclear material in transit is |
| |
trans-shipped or stored; or |
| |
(b) | a place to which a consignment of nuclear material may be |
| |
brought to be trans-shipped or stored while it is in transit; |
| 40 |
| “United Kingdom waters” means waters within the seaward limits of the |
| |
| |
| and nuclear material is “in transit” for the purposes of this section if it is being |
| |
carried (or is being trans-shipped or stored incidentally to carriage) before its |
| |
delivery at its final destination. |
| 45 |
| |
| |
|
| |
| |
(8) | In subsection (7) “designated defence site” means a site designated by order |
| |
made by the Secretary of State as a site which appears to him to be used wholly |
| |
or mainly for defence purposes. |
| |
(9) | An order under subsection (8) must be laid before Parliament after being made. |
| |
(10) | Where an order designating a site for the purposes of section 76(2) of the Anti- |
| 5 |
terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy |
| |
Authority special constables) is in force immediately before the |
| |
commencement of this section, that order shall have effect after the |
| |
commencement of this section as an order made under and for the purposes of |
| |
| 10 |
60 | Stop and search under Terrorism Act 2000 |
| |
(1) | The Terrorism Act 2000 (c. 11) is amended as follows. |
| |
(2) | In section 44 (authorisation to stop and search in connection with terrorism)— |
| |
(a) | after subsection (4B) insert— |
| |
“(4BA) | In a case in which the specified area or place is a place in which |
| 15 |
members of the Civil Nuclear Constabulary have the powers |
| |
and privileges of a constable, an authorisation may also be |
| |
given by a member of that Constabulary who is of at least the |
| |
rank of assistant chief constable.”; |
| |
(b) | in subsection (4C), after paragraph (b) insert “or |
| 20 |
(c) | a member of the Civil Nuclear Constabulary,”. |
| |
(3) | In section 46 (duration of authorisation), after subsection (2) insert— |
| |
“(2A) | An authorisation under section 44(4BA) does not have effect except in |
| |
relation to times when the specified area or place is a place where |
| |
members of the Civil Nuclear Constabulary have the powers and |
| 25 |
privileges of a constable.” |
| |
Administration of Constabulary |
| |
61 | Government, administration and conditions of service |
| |
| |
(a) | the Police Authority makes provision about the government, |
| 30 |
administration or conditions of service of the Constabulary or its |
| |
| |
(b) | the provision relates to matters which are the subject of regulations |
| |
under section 50 of the Police Act 1996 (c. 16) (regulations about the |
| |
government, administration and conditions of service of police forces), |
| 35 |
| the provision made by the Police Authority may differ from those regulations |
| |
only so far as necessary to take account of differences relating to the structure |
| |
and circumstances of the Constabulary. |
| |
(2) | Before making provision about the government, administration or conditions |
| |
of service of the Constabulary or its members, the Police Authority must |
| 40 |
| |
| |
(b) | the Civil Nuclear Police Federation; and |
| |
| |
| |
|
| |
| |
(c) | if the proposed provision relates to members of a rank-related |
| |
association, that association. |
| |
62 | Members of Constabulary serving with other forces |
| |
(1) | This section applies where a member of the Constabulary serves with a |
| |
relevant force under arrangements made between the chief officer of that force |
| 5 |
| |
(2) | The member of the Constabulary— |
| |
(a) | shall be under the direction and control of the chief officer of the |
| |
| |
(b) | shall have the same powers and privileges as a member of that force. |
| 10 |
| |
| |
(a) | a chief officer of police of a police force for a police area in Great |
| |
| |
(b) | the Chief Constable of the Police Service of Northern Ireland; |
| 15 |
(c) | the Director General of the National Criminal Intelligence |
| |
| |
(d) | the Director General of the National Crime Squad; |
| |
(e) | the chief constable of the British Transport Police Force; or |
| |
(f) | the chief constable of the Ministry of Defence Police; |
| 20 |
| |
(a) | a police force for a police area in Great Britain; |
| |
(b) | the Police Service of Northern Ireland; |
| |
(c) | the National Criminal Intelligence Service; |
| |
(d) | the National Crime Squad; |
| 25 |
(e) | the British Transport Police Force; or |
| |
(f) | the Ministry of Defence Police. |
| |
| |
(1) | A person falling within subsection (2) must pay to the Police Authority such |
| |
charges (if any) in respect of services provided by the Constabulary as are— |
| 30 |
(a) | agreed between that person and the Police Authority; or |
| |
(b) | in the absence of agreement, determined by the Secretary of State. |
| |
(2) | A person falls within this subsection if— |
| |
(a) | he is the owner or occupier of a site in respect of which services are |
| |
provided by the Constabulary; |
| 35 |
(b) | he is a person with an interest in, or with custody or control of, nuclear |
| |
material in respect of which services are so provided; or |
| |
(c) | he is a person not falling within paragraph (a) or (b) who is the recipient |
| |
of services provided by the Constabulary. |
| |
(3) | The Secretary of State may pay to the Police Authority such sums as are— |
| 40 |
(a) | agreed between him and that Authority, or |
| |
(b) | in the absence of agreement, determined by the Secretary of State, |
| |
| in respect of services provided by the Constabulary to such persons as he may |
| |
| |
| |
| |
|
| |
| |
(4) | The services in respect of which charges or sums may be imposed or paid |
| |
under this section include— |
| |
(a) | services which it is the duty of the Constabulary to provide; and |
| |
(b) | services which it is the duty of the person charged to have provided. |
| |
Supervision and inspection etc. |
| 5 |
| |
Schedule 12 (which makes provision about planning and reporting) has effect. |
| |
| |
(1) | Her Majesty’s Inspectors of Constabulary must inspect the Constabulary from |
| |
| 10 |
(2) | Her Majesty’s Inspectors of Constabulary must also inspect the Constabulary |
| |
if requested to do so by the Secretary of State either— |
| |
| |
(b) | in respect of a particular matter. |
| |
(3) | Before carrying out an inspection under this section wholly or partly in |
| 15 |
Scotland, Her Majesty’s Inspectors of Constabulary must consult the Scottish |
| |
| |
(a) | in the case of any inspection by virtue of subsection (1) or (2)(a), about |
| |
the scope and conduct in Scotland of the proposed inspection; and |
| |
(b) | in any other case, about its conduct in Scotland. |
| 20 |
(4) | Following an inspection under this section, Her Majesty’s Inspectors of |
| |
Constabulary must report to the Secretary of State on the efficiency and |
| |
effectiveness of the Constabulary either— |
| |
| |
(b) | in the case of an inspection under subsection (2)(b), in respect of the |
| 25 |
matter to which the inspection related. |
| |
(5) | A report under subsection (4) must be in such form as the Secretary of State |
| |
| |
(6) | The Secretary of State must arrange for every report which he receives under |
| |
subsection (4) to be published in such manner as appears to him to be |
| 30 |
| |
(7) | The Secretary of State may exclude from publication under subsection (6) any |
| |
part of a report if, in his opinion, the publication of that part— |
| |
(a) | would be against the interests of national security; or |
| |
(b) | might jeopardise the safety of any person. |
| 35 |
(8) | The Secretary of State must send a copy of the published report— |
| |
(a) | to the Police Authority; and |
| |
(b) | to the chief constable. |
| |
(9) | The Police Authority must pay to the Secretary of State such amounts as he |
| |
may determine in respect of an inspection carried out under this section. |
| 40 |
| |
| |
|
| |
| |
(10) | The Secretary of State must pay sums received by him under subsection (9) into |
| |
| |
(11) | In this section “the Scottish inspectors” means the inspectors of constabulary |
| |
appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77). |
| |
66 | Supervision by Secretary of State |
| 5 |
(1) | The Police Authority must comply with directions given by the Secretary of |
| |
| |
(2) | The Secretary of State must exercise his powers under this Chapter in such |
| |
manner, and to such extent, as appears to him best calculated to promote the |
| |
efficiency and effectiveness of the Constabulary. |
| 10 |
(3) | The Police Authority must pay to the Secretary of State such amounts as he |
| |
may determine in respect of things done by him for or in relation to the |
| |
Authority or its employees in connection with matters relating to security. |
| |
(4) | The Secretary of State must pay sums received by him under subsection (3) into |
| |
| 15 |
Rights etc. of members of the Constabulary |
| |
67 | Civil Nuclear Police Federation |
| |
(1) | The Secretary of State may approve a body (whether corporate or |
| |
unincorporate) as the body approved to carry out the functions conferred by |
| |
| 20 |
(2) | The body approved by the Secretary of State shall be known as the Civil |
| |
Nuclear Police Federation. |
| |
(3) | The function of the Civil Nuclear Police Federation shall be to represent |
| |
members of the Constabulary (other than senior officers) in all matters |
| |
affecting their welfare and efficiency. |
| 25 |
(4) | Those matters do not include— |
| |
(a) | the promotion in rank of particular individuals; or |
| |
(b) | (except to the extent provided in subsection (5)) discipline matters |
| |
affecting particular individuals. |
| |
(5) | The Civil Nuclear Police Federation may represent a member of the |
| 30 |
Constabulary (other than a senior officer)— |
| |
(a) | at disciplinary proceedings conducted in accordance with |
| |
arrangements made by the Police Authority; or |
| |
(b) | on an appeal under any such arrangements from a decision in such |
| |
| 35 |
(6) | But representation under subsection (5) must comply with any restrictions |
| |
| |
(7) | Except so far as otherwise authorised by the Secretary of State, the Civil |
| |
Nuclear Police Federation must be entirely independent of, and unassociated |
| |
with, bodies and other persons who are without appropriate police |
| 40 |
| |
| |
| |
|
