|
| |
|
Other miscellaneous police matters |
| |
135 | Responsibilities in relation to the health and safety etc. of police |
| |
(1) | In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application |
| |
of Part 1 of that Act to police) after subsection (2) insert— |
| |
“(2A) | For the purposes of this Part the relevant officer, as defined by |
| 5 |
subsection (2)(a) or (c) above, shall be treated as a corporation sole. |
| |
(2B) | Where, in a case in which the relevant officer, as so defined, is guilty of |
| |
an offence by virtue of this section, it is proved— |
| |
(a) | that the officer-holder personally consented to the commission |
| |
| 10 |
(b) | that he personally connived in its commission, or |
| |
(c) | that the commission of the offence was attributable to personal |
| |
| |
| the office-holder (as well as the corporation sole) shall be guilty of the |
| |
offence and shall be liable to be proceeded against and punished |
| 15 |
| |
(2C) | In subsection (2B) above “the office-holder”, in relation to the relevant |
| |
officer, means an individual who, at the time of the consent, connivance |
| |
| |
(a) | held the office or other position mentioned in subsection (2) |
| 20 |
above as the office or position of that officer; or |
| |
(b) | was for the time being responsible for exercising and |
| |
performing the powers and duties of that office or position. |
| |
(2D) | The provisions mentioned in subsection (2E) below (which impose the |
| |
same liability for unlawful conduct of constables on persons having |
| 25 |
their direction or control as would arise if the constables were |
| |
employees of those persons) do not apply to any liability by virtue of |
| |
| |
(2E) | Those provisions are— |
| |
(a) | section 39 of the Police (Scotland) Act 1967; |
| 30 |
(b) | section 88(1) of the Police Act 1996; |
| |
(c) | section 97(9) of that Act; |
| |
(d) | paragraph 7(1) of Schedule 8 to the Police Act 1997; |
| |
(e) | paragraph 14(1) of Schedule 3 to the Criminal Justice and Police |
| |
| 35 |
(f) | section 28 of the Serious Organised Crime and Police Act 2005. |
| |
(2F) | In the application of this section to Scotland— |
| |
(a) | subsection (2A) shall have effect as if for the words “corporation |
| |
sole” there were substituted “distinct juristic person (that is to |
| |
say, as a juristic person distinct from the individual who for the |
| 40 |
time being is the office-holder)”; |
| |
(b) | subsection (2B) shall have effect as if for the words “corporation |
| |
sole” there were substituted “juristic person”; and |
| |
(c) | subsection (2C) shall have effect as if for the words “subsection |
| |
(2B)” there were substituted “subsections (2A) and (2B)”.” |
| 45 |
|
| |
|
| |
|
(2) | For subsection (2) of each of the following sections of the Employment Rights |
| |
| |
(a) | section 49A (right of police officers not to suffer detriment in relation to |
| |
health and safety issues), and |
| |
(b) | section 134A (right of police officers not to be unfairly dismissed in |
| 5 |
relation to health and safety issues), |
| |
| substitute the subsection set out in subsection (3) of this section. |
| |
(3) | The subsection to be substituted is— |
| |
“(2) | In this section “the relevant officer”, in relation to— |
| |
(a) | a person holding the office of constable, or |
| 10 |
(b) | a person holding an appointment as a police cadet, |
| |
| means the person who under section 51A of the Health and Safety at |
| |
Work etc. Act 1974 is to be treated as his employer for the purposes of |
| |
| |
(4) | The following provisions of the Police Reform Act 2002 (c. 30) (which relate to |
| 15 |
duties and rights in relation to the health and safety of police) cease to have |
| |
| |
| |
(b) | in Schedule 8, the reference to section 5 of the Police (Health and Safety) |
| |
| 20 |
(5) | The amendments made by subsections (1) to (3) have effect for the purposes of |
| |
any proceedings in or before a court or tribunal that are commenced on or after |
| |
the day on which this Act is passed as if the amendments had come into force |
| |
| |
(6) | For the purposes of proceedings commenced against a person in his capacity |
| 25 |
by virtue of this section as a corporation sole (or, in Scotland, as a distinct |
| |
juristic person) anything done by or in relation to that person before the |
| |
passing of this Act shall be deemed to have been done by or in relation to that |
| |
| |
(7) | No person shall be liable by virtue of section 51A(2B) of the Health and Safety |
| 30 |
at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing |
| |
| |
136 | Investigations: accelerated procedure in special cases |
| |
Schedule 11 (which makes provision for an accelerated procedure for certain |
| |
investigations into the conduct of police officers) has effect. |
| 35 |
137 | Investigations: deaths and serious injuries during or after contact with the |
| |
| |
Schedule 12 (which makes provision for the investigation of deaths and serious |
| |
injuries which occur during or after contact with persons serving with the |
| |
| 40 |
|
| |
|
| |
|
| |
138 | Abolition of Royal Parks Constabulary |
| |
(1) | The Royal Parks Constabulary is abolished. |
| |
(2) | Every relevant person shall cease to be a park constable on the appointed day. |
| |
(3) | Subsection (2) is not to be taken as terminating the Crown employment of any |
| 5 |
| |
(4) | In this section, section 139 and Schedule 13— |
| |
“appointed day” means such day as the Secretary of State may by order |
| |
appoint for the purposes of this section, |
| |
“Crown employment” has the same meaning as in the Employment |
| 10 |
Rights Act 1996 (c. 18), and |
| |
“relevant person” means a person who immediately before the appointed |
| |
day is serving as a park constable with the Royal Parks Constabulary. |
| |
(5) | Schedule 13 (which provides for transfers to the Metropolitan Police Authority |
| |
and makes amendments) has effect. |
| 15 |
139 | Regulation of specified parks |
| |
(1) | From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply |
| |
| |
(2) | But from the appointed day section 2 of the Parks Regulation (Amendment) |
| |
Act 1926 (c. 36) applies in relation to the specified parks in the same way as it |
| 20 |
applies in relation to parks to which the Parks Regulation Act 1872 applies. |
| |
(3) | The Secretary of State must ensure that copies of any regulations made under |
| |
section 2 of the Parks Regulation (Amendment) Act 1926 which are in force in |
| |
relation to a specified park are displayed in a suitable position in that park. |
| |
(4) | In this section “specified park” means a park, garden, recreation ground, open |
| 25 |
space or other land in the metropolitan police district— |
| |
(a) | which is specified in an order made by the Secretary of State before the |
| |
| |
(b) | to which the Parks Regulation Act 1872 then applied by virtue of |
| |
section 1 of the Parks Regulation (Amendment) Act 1926. |
| 30 |
| |
140 | Criminal record certificates |
| |
(1) | Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates) |
| |
| |
(2) | Before section 114 of that Act insert— |
| 35 |
“113A | Criminal record certificates |
| |
(1) | The Secretary of State must issue a criminal record certificate to any |
| |
| |
(a) | makes an application in the prescribed manner and form, and |
| |
|
| |
|
| |
|
(b) | pays in the prescribed manner any prescribed fee. |
| |
(2) | The application must— |
| |
(a) | be countersigned by a registered person, and |
| |
(b) | be accompanied by a statement by the registered person that the |
| |
certificate is required for the purposes of an exempted question. |
| 5 |
(3) | A criminal record certificate is a certificate which— |
| |
(a) | gives the prescribed details of every relevant matter relating to |
| |
the applicant which is recorded in central records, or |
| |
(b) | states that there is no such matter. |
| |
(4) | The Secretary of State must send a copy of a criminal record certificate |
| 10 |
to the registered person who countersigned the application. |
| |
(5) | The Secretary of State may treat an application under this section as an |
| |
application under section 113B if— |
| |
(a) | in his opinion the certificate is required for a purpose prescribed |
| |
under subsection (2) of that section, |
| 15 |
(b) | the registered person provides him with the statement required |
| |
| |
(c) | the applicant consents and pays to the Secretary of State the |
| |
amount (if any) by which the fee payable in relation to an |
| |
application under that section exceeds the fee paid in relation to |
| 20 |
the application under this section. |
| |
| |
“central records” means such records of convictions and cautions |
| |
held for the use of police forces generally as may be prescribed; |
| |
“exempted question” means a question in relation to which section |
| 25 |
4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect |
| |
of rehabilitation) has been excluded by an order of the Secretary |
| |
of State under section 4(4) of that Act; |
| |
| |
(a) | a conviction within the meaning of the Rehabilitation of |
| 30 |
Offenders Act 1974, including a spent conviction, and |
| |
| |
113B | Enhanced criminal record certificates |
| |
(1) | The Secretary of State must issue an enhanced criminal record |
| |
certificate to any individual who— |
| 35 |
(a) | makes an application in the prescribed manner and form, and |
| |
(b) | pays in the prescribed manner any prescribed fee. |
| |
(2) | The application must— |
| |
(a) | be countersigned by a registered person, and |
| |
(b) | be accompanied by a statement by the registered person that the |
| 40 |
certificate is required for a prescribed purpose. |
| |
(3) | An enhanced criminal record certificate is a certificate which— |
| |
(a) | gives the prescribed details of every relevant matter relating to |
| |
the applicant which is recorded in central records and any |
| |
information provided in accordance with subsection (4), or |
| 45 |
(b) | states that there is no such matter or information. |
| |
|
| |
|
| |
|
(4) | Before issuing an enhanced criminal record certificate the Secretary of |
| |
State must request the chief officer of every relevant police force to |
| |
provide any information which, in the chief officer’s opinion— |
| |
(a) | might be relevant for the purpose described in the statement |
| |
under subsection (2), and |
| 5 |
(b) | ought to be included in the certificate. |
| |
(5) | The Secretary of State must also request the chief officer of every |
| |
relevant police force to provide any information which, in the chief |
| |
| |
(a) | might be relevant for the purpose described in the statement |
| 10 |
| |
(b) | ought not to be included in the certificate, in the interests of the |
| |
prevention or detection of crime, and |
| |
(c) | can, without harming those interests, be disclosed to the |
| |
| 15 |
(6) | The Secretary of State must send to the registered person who |
| |
countersigned the application— |
| |
(a) | a copy of the enhanced criminal record certificate, and |
| |
(b) | any information provided in accordance with subsection (5). |
| |
(7) | The Secretary of State may treat an application under this section as an |
| 20 |
application under section 113A if in his opinion the certificate is not |
| |
required for a purpose prescribed under subsection (2). |
| |
(8) | If by virtue of subsection (7) the Secretary of State treats an application |
| |
under this section as an application under section 113A, he must refund |
| |
to the applicant the amount (if any) by which the fee paid in relation to |
| 25 |
the application under this section exceeds the fee payable in relation to |
| |
an application under section 113A. |
| |
| |
“central records”, “exempted question”, and “relevant matter” |
| |
have the same meaning as in section 113A; |
| 30 |
“relevant police force”, in relation to an application under this |
| |
section, means a police force which is a relevant police force in |
| |
relation to that application under regulations made by the |
| |
| |
(10) | For the purposes of this section references to a police force include any |
| 35 |
| |
(a) | the Royal Navy Regulating Branch; |
| |
(b) | the Royal Marines Police; |
| |
(c) | the Royal Military Police; |
| |
(d) | the Royal Air Force Police; |
| 40 |
(e) | the Ministry of Defence Police; |
| |
(f) | the National Criminal Intelligence Service; |
| |
(g) | the National Crime Squad; |
| |
(h) | the British Transport Police; |
| |
(i) | the Civil Nuclear Constabulary; |
| 45 |
(j) | the States of Jersey Police Force; |
| |
(k) | the salaried police force of the Island of Guernsey; |
| |
(l) | the Isle of Man Constabulary; |
| |
|
| |
|
| |
|
(m) | a body with functions in any country or territory outside the |
| |
British Islands which correspond to those of a police force in |
| |
| |
| and any reference to the chief officer of a police force includes the |
| |
person responsible for the direction of a body mentioned in this |
| 5 |
| |
(11) | For the purposes of this section each of the following must be treated as |
| |
if it were a police force— |
| |
(a) | the Commissioners for Her Majesty’s Revenue and Customs |
| |
(and for this purpose a reference to the chief officer of a police |
| 10 |
force must be taken to be a reference to any one of the |
| |
| |
(b) | the Serious Organised Crime Agency (and for this purpose a |
| |
reference to the chief officer of a police force must be taken to be |
| |
a reference to the Director General of the Agency); |
| 15 |
(c) | such other department or body as is prescribed (and regulations |
| |
may prescribe in relation to the department or body the person |
| |
to whom a reference to the chief officer is to be taken to be). |
| |
113C | Criminal record certificates: suitability relating to children |
| |
(1) | If an application under section 113A or 113B is accompanied by a |
| 20 |
children’s suitability statement the criminal record certificate or |
| |
enhanced criminal record certificate (as the case may be) must also |
| |
| |
(a) | whether the applicant is included in a specified children’s list; |
| |
(b) | if he is included in such a list, such details of his inclusion as |
| 25 |
| |
(c) | whether he is subject to a specified children’s direction; |
| |
(d) | if he is subject to such a direction, the grounds on which it was |
| |
given and such details as may be prescribed of the |
| |
circumstances in which it was given. |
| 30 |
(2) | A children’s suitability statement is a statement by the registered |
| |
person that the certificate is required for the purpose of considering— |
| |
(a) | the applicant’s suitability to be employed, supplied to work, |
| |
found work or given work in a position (whether paid or |
| |
unpaid) within subsection (5), |
| 35 |
(b) | the applicant’s suitability to be a foster parent or to adopt a |
| |
| |
(c) | the applicant’s suitability to be a child’s special guardian for the |
| |
purposes of sections 14A and 14C of the Children Act 1989, |
| |
(d) | the applicant’s suitability to have a child placed with him by |
| 40 |
virtue of section 70 of the Children (Scotland) Act 1995 or by |
| |
virtue of section 5(2), (3) and (4) of the Social Work (Scotland) |
| |
| |
(e) | the suitability of a person living in the same household as the |
| |
applicant to be a person mentioned in paragraph (b) or (c) or to |
| 45 |
have a child placed with him as mentioned in paragraph (d). |
| |
(3) | Each of the following is a specified children’s list— |
| |
(a) | the list kept under section 1 of the Protection of Children Act |
| |
| |
|
| |
|
| |
|
(b) | the list kept under section 1(1) of the Protection of Children |
| |
| |
(c) | the list kept under Article 3 of the Protection of Children and |
| |
Vulnerable Adults (Northern Ireland) Order 2003; |
| |
(d) | any list kept for the purposes of regulations under Article |
| 5 |
70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern |
| |
| |
(e) | any such other list as the Secretary of State specifies by order if |
| |
he thinks that the list corresponds to a list specified in |
| |
paragraphs (a) to (c) and is kept in pursuance of a country or |
| 10 |
territory outside the United Kingdom. |
| |
(4) | Each of the following is a specified children’s direction— |
| |
(a) | a direction under section 142 of the Education Act 2002; |
| |
(b) | anything which the Secretary of State specifies by order which |
| |
he thinks corresponds to such a direction and which is done for |
| 15 |
the purposes of the law of Scotland or of Northern Ireland or of |
| |
a country or territory outside the United Kingdom. |
| |
(5) | A position falls within this subsection if it is any of the following— |
| |
(a) | a child care position within the meaning of the Protection of |
| |
| 20 |
(b) | a child care position within the meaning of the Protection of |
| |
Children (Scotland) Act 2003; |
| |
(c) | a child care position within the meaning of Chapter 1 of Part 2 |
| |
of the Protection of Children and Vulnerable Adults (Northern |
| |
| 25 |
(d) | a position, employment or further employment in which may |
| |
be prohibited or restricted by regulations under Article 70(2)(e) |
| |
or 88A(2)(b) of the Education and Libraries (Northern Ireland) |
| |
| |
(e) | a position which involves work to which section 142 of the |
| 30 |
Education Act 2002 applies; |
| |
(f) | a position of such other description as may be prescribed. |
| |
(6) | An order under subsection (4)(b) may make such modifications of |
| |
subsection (1)(d) as the Secretary of State thinks necessary or expedient |
| |
in consequence of the order. |
| 35 |
113D | Criminal record certificates: suitability relating to adults |
| |
(1) | If an application under section 113A or 113B is accompanied by an |
| |
adults’ suitability statement the criminal record certificate or enhanced |
| |
criminal record certificate (as the case may be) must also state— |
| |
(a) | whether the applicant is included in a specified adults’ list; |
| 40 |
(b) | if he is included in such a list, such details of his inclusion as |
| |
| |
(2) | An adults’ suitability statement is a statement by the registered person |
| |
that the certificate is required for the purpose of considering the |
| |
applicant’s suitability to be employed, supplied to work, found work or |
| 45 |
given work in a position (whether paid or unpaid) falling within |
| |
| |
(3) | Each of the following is a specified adults’ list— |
| |
|
| |
|