Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
52

(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.
(6)
But representation under subsection (5) must comply with any restrictions
5
imposed by section 66.
(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
connections.
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
this section—
(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
Ireland;
(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
federations);
(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
purposes).
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
section.
(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—

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
53

(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
proceedings.
(6)
But representation under subsection (5) must comply with any restrictions
imposed by section 66.
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
Ireland;
(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
federations);
(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
purposes).
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—
(a)
dismissed;
(b)
required to resign; or
(c)
reduced in rank.
(2)
The member of the Constabulary must be given an opportunity to elect to be
45
legally represented—

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
54

(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
1967 (c. 77);
(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—
(a)
a trade union; or
(b)
an association whose objects are or include controlling or influencing
15
the pay, pensions or conditions of service of members of the
Constabulary.
(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
Constabulary.
(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
section 56; or
(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)
substitute—
40
“(2)
This section applies in the case of—
(a)
special constables appointed for a police area,

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
55

(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
subsection (2) insert—
5
“(3)
In this section—
(a)
references to the constables of any police force include
references to the members of the Civil Nuclear Constabulary;
and
(b)
references to a constable include references to a member of that
10
Constabulary.”
(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
Police Authority”.
(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
calculated to deceive’.
(3B)
For the purposes of this section—
25
(a)
‘constable’ includes a member of the Civil Nuclear
Constabulary; and
(b)
any reference to ‘police’ includes a reference to that
Constabulary.”
(7)
In any enactment—
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)
has effect.
(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
of this Chapter.
(3)
Orders under subsection (2) are subject to the negative resolution procedure.