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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.

 

 

 
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