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Energy Bill [HL]


Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

46

 

Civil Nuclear Constabulary

55      

The Civil Nuclear Constabulary

(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—

(a)   

nuclear material, or

(b)   

sites where such material is being, has been or is to be used, processed

or stored,

   

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

have regard to—

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

47

 

(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

that year.

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

specific.

(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

vacant.

(5)   

At any one time, only one person may be authorised to act under subsection

(4).

(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

chief constable.

(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

in Scotland.

(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

Act; and

(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

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

48

 

Jurisdiction and powers of Constabulary

59      

Jurisdiction of Constabulary

(1)   

A member of the Constabulary shall have the powers and privileges of a

constable—

(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.

(7)   

In this section—

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

designated defence site;

   

“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

territorial sea;

   

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

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

49

 

(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

subsection (8).

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

(1)   

Where—

(a)   

the Police Authority makes provision about the government,

30

administration or conditions of service of the Constabulary or its

members, and

(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

consult—

(a)   

the chief constable;

(b)   

the Civil Nuclear Police Federation; and

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

50

 

(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

and the chief constable.

(2)   

The member of the Constabulary—

(a)   

shall be under the direction and control of the chief officer of the

relevant force; and

(b)   

shall have the same powers and privileges as a member of that force.

10

(3)   

In this section—

   

“chief officer” means—

(a)   

a chief officer of police of a police force for a police area in Great

Britain;

(b)   

the Chief Constable of the Police Service of Northern Ireland;

15

(c)   

the Director General of the National Criminal Intelligence

Service;

(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

   

“relevant force” means—

(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.

63      

Charges

(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

determine.

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

51

 

(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

64      

Planning and reports

Schedule 12 (which makes provision about planning and reporting) has effect.

65      

Inspection

(1)   

Her Majesty’s Inspectors of Constabulary must inspect the Constabulary from

time to time.

10

(2)   

Her Majesty’s Inspectors of Constabulary must also inspect the Constabulary

if requested to do so by the Secretary of State either—

(a)   

generally; or

(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

inspectors—

(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—

(a)   

generally; or

(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

may direct.

(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

appropriate.

(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

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary

52

 

(10)   

The Secretary of State must pay sums received by him under subsection (9) into

the Consolidated Fund.

(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

State under Schedule 13.

(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

the Consolidated Fund.

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

this section.

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

proceedings.

35

(6)   

But representation under subsection (5) must comply with any restrictions

imposed by section 69.

(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

connections.

 

 

 
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