|
| |
|
(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 |
| |
| |
(6) | But representation under subsection (5) must comply with any restrictions |
| 5 |
| |
(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 |
| |
| 10 |
(8) | But it may employ in an administrative or advisory capacity persons who are |
| |
without appropriate police connections. |
| |
(9) | An authorisation for the purposes of subsection (7)— |
| |
(a) | may be given either conditionally or unconditionally; and |
| |
(b) | may be varied or revoked at any time. |
| 15 |
(10) | Only the following have appropriate police connections for the purposes of |
| |
| |
(a) | persons within the service of the Constabulary, of the Ministry of |
| |
Defence Police, of the British Transport Police Force, of a police force for |
| |
a police area in Great Britain or of the Police Service of Northern |
| 20 |
| |
(b) | persons not falling within paragraph (a) who are members of or |
| |
employed by the Police Authority; |
| |
(c) | a federation referred to in section 59 of the Police Act 1996 (c. 16), |
| |
section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 |
| 25 |
of the Railways and Transport Safety Act 2003 (c. 20) (police |
| |
| |
(d) | the Police Association for Northern Ireland; |
| |
(e) | a rank-related association; |
| |
(f) | a body recognised under, and for the purposes specified in, section |
| 30 |
64(5) of the Police Act 1996 or section 35(4) of the Police (Northern |
| |
Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union |
| |
| |
65 | Rank-related associations |
| |
(1) | The Secretary of State may approve one or more bodies (whether corporate or |
| 35 |
unincorporate) as bodies approved to carry out the functions conferred by this |
| |
| |
(2) | A body approved by the Secretary of State under this section shall be known |
| |
as a rank-related association. |
| |
(3) | The function of a rank-related association shall be to represent, in all matters |
| 40 |
affecting their welfare and efficiency, members of the Constabulary who— |
| |
(a) | are not members of the Civil Nuclear Police Federation or of another |
| |
rank-related association; and |
| |
(b) | hold such ranks as may be specified in the approval given for the |
| |
purposes of this section by the Secretary of State. |
| 45 |
(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) | A rank-related association may represent a member of the association— |
| |
(a) | at disciplinary proceedings conducted in accordance with |
| 5 |
arrangements made by the Police Authority; or |
| |
(b) | on an appeal under any such arrangements from a decision in such |
| |
| |
(6) | But representation under subsection (5) must comply with any restrictions |
| |
| 10 |
(7) | Except so far as otherwise authorised by the Secretary of State, a rank-related |
| |
association must be entirely independent of, and unassociated with, bodies |
| |
and other persons who are without appropriate police connections. |
| |
(8) | But it may employ in an administrative or advisory capacity persons who are |
| |
without appropriate police connections. |
| 15 |
(9) | An authorisation for the purposes of subsection (7)— |
| |
(a) | may be given either conditionally or unconditionally; and |
| |
(b) | may be varied or revoked at any time. |
| |
(10) | In relation to a rank-related association, only the following have appropriate |
| |
police connections for the purposes of this section— |
| 20 |
(a) | persons within the service of the Constabulary, of the Ministry of |
| |
Defence Police, of the British Transport Police Force, of a police force for |
| |
a police area in Great Britain or of the Police Service of Northern |
| |
| |
(b) | persons not falling within paragraph (a) who are members of or |
| 25 |
employed by the Police Authority; |
| |
(c) | the Civil Nuclear Police Federation; |
| |
(d) | another rank-related association; |
| |
(e) | a federation referred to in section 59 of the Police Act 1996 (c. 16), |
| |
section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 |
| 30 |
of the Railways and Transport Safety Act 2003 (c. 20) (police |
| |
| |
(f) | the Police Association for Northern Ireland; |
| |
(g) | a body recognised under, and for the purposes specified in, section |
| |
64(5) of the Police Act 1996 or section 35(4) of the Police (Northern |
| 35 |
Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union |
| |
| |
66 | Representation at certain disciplinary proceedings |
| |
(1) | This section applies where disciplinary proceedings conducted in accordance |
| |
with arrangements made by the Police Authority may lead to a member of the |
| 40 |
Constabulary who is not a senior officer being— |
| |
| |
(b) | required to resign; or |
| |
| |
(2) | The member of the Constabulary must be given an opportunity to elect to be |
| 45 |
| |
|
| |
|
| |
|
(a) | in those proceedings; and |
| |
(b) | on any appeal under the arrangements. |
| |
(3) | If he so elects, he may be represented, at his option, by counsel or by a solicitor. |
| |
(4) | The member of the Constabulary, if he is not legally represented, may be |
| |
represented in the proceedings or on an appeal only by a person who is— |
| 5 |
(a) | a member of the Constabulary; |
| |
(b) | a member of a police force maintained under the Police Act 1996 (c. 16); |
| |
(c) | a constable of a police force maintained under the Police (Scotland) Act |
| |
| |
(d) | a constable of the British Transport Police Force; or |
| 10 |
(e) | a member of the Ministry of Defence Police. |
| |
67 | Trade union membership |
| |
(1) | A member of the Constabulary must not be a member of— |
| |
| |
(b) | an association whose objects are or include controlling or influencing |
| 15 |
the pay, pensions or conditions of service of members of the |
| |
| |
(2) | Subsection (1) does not prevent a member of the Constabulary— |
| |
(a) | from being a member of the Civil Nuclear Police Federation; |
| |
(b) | from being a member of a rank-related association; or |
| 20 |
(c) | with the consent of the chief constable, from continuing to be a member |
| |
of a trade union to which he belonged before becoming a member of the |
| |
| |
(3) | In this section “trade union” has the meaning given by section 1 of the Trade |
| |
Union and Labour Relations (Consolidation) Act 1992 (c. 52). |
| 25 |
Supplementary provisions of Chapter 3 of Part 1 |
| |
68 | Application of offences etc. applying to constables |
| |
(1) | The references in section 89(1) and (2) of the Police Act 1996 and section 41(1) |
| |
and (2) of the Police (Scotland) Act 1967 (assaults on constables) to a constable |
| |
in the execution of his duty shall have effect as if they included references to a |
| 30 |
member of the Constabulary who— |
| |
(a) | is exercising any of the powers or privileges conferred on him by |
| |
| |
(b) | is otherwise performing his duties under the direction and control of |
| |
the chief constable or as an employee of the Police Authority. |
| 35 |
(2) | Section 90 of the Police Act 1996 (impersonation of member of a police force) |
| |
shall have effect as if the references to a member of a police force included |
| |
references to a member of the Constabulary. |
| |
(3) | In section 91 of the Police Act 1996 (causing disaffection), for subsection (2) |
| |
| 40 |
“(2) | This section applies in the case of— |
| |
(a) | special constables appointed for a police area, |
| |
|
| |
|
| |
|
(b) | members of the Civil Nuclear Constabulary, and |
| |
(c) | members of the British Transport Police Force, |
| |
| as it applies in the case of members of a police force.” |
| |
(4) | In section 42 of the Police (Scotland) Act 1967 (c. 77) (causing disaffection), after |
| |
| 5 |
| |
(a) | references to the constables of any police force include |
| |
references to the members of the Civil Nuclear Constabulary; |
| |
| |
(b) | references to a constable include references to a member of that |
| 10 |
| |
(5) | In section 43 of the Police (Scotland) Act 1967 (impersonation of police)— |
| |
(a) | in subsection (1)(b) (wearing a police uniform without permission), |
| |
after “without” insert “being a member of the Civil Nuclear |
| |
Constabulary or having”; and |
| 15 |
(b) | in subsection (3), after “police authority” insert “or by the Civil Nuclear |
| |
| |
(6) | After subsection (3) of that section insert— |
| |
“(3A) | In its application to articles of the uniform of the Civil Nuclear |
| |
Constabulary, subsection (1)(b) has effect as if for the words ‘or having |
| 20 |
the permission of the police authority for the police area in which he is’ |
| |
there were substituted the words ‘and in circumstances where it gives |
| |
him an appearance so nearly resembling that of a constable as to be |
| |
| |
(3B) | For the purposes of this section— |
| 25 |
(a) | ‘constable’ includes a member of the Civil Nuclear |
| |
| |
(b) | any reference to ‘police’ includes a reference to that |
| |
| |
| 30 |
(a) | references to a person’s being in the custody of a constable, or to his |
| |
being detained in the charge of a constable, include references to his |
| |
being detained by a member of the Constabulary in the exercise of any |
| |
of the powers or privileges conferred on him by section 56; and |
| |
(b) | references to a person’s accompanying a constable include references to |
| 35 |
his accompanying a member of the Constabulary. |
| |
69 | Minor amendments relating to the Constabulary |
| |
(1) | Schedule 14 (which contains minor amendments relating to the Constabulary) |
| |
| |
(2) | The Secretary of State may by order make such modifications of subordinate |
| 40 |
legislation as appear to him to be appropriate in consequence of any provision |
| |
| |
(3) | Orders under subsection (2) are subject to the negative resolution procedure. |
| |
|
| |
|