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Other Bills before Parliament

Serious Organised Crime and Police Bill


Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

101

 

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

of the offence,

10

(b)   

that he personally connived in its commission, or

(c)   

that the commission of the offence was attributable to personal

neglect on his part,

   

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

accordingly.

(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

or neglect—

(a)   

held the office or other position mentioned in subsection (2)

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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

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their direction or control as would arise if the constables were

employees of those persons) do not apply to any liability by virtue of

this Part.

(2E)   

Those provisions are—

(a)   

section 39 of the Police (Scotland) Act 1967;

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(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

Act 2001;

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(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)”.”

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Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

102

 

(2)   

For subsection (2) of each of the following sections of the Employment Rights

Act 1996 (c. 18)—

(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

Part 1 of that Act.”

(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

effect—

(a)   

section 95, and

(b)   

in Schedule 8, the reference to section 5 of the Police (Health and Safety)

Act 1997 (c. 42).

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

on 1st July 1998.

(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

person in that capacity.

(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

of this Act.

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

police

Schedule 12 (which makes provision for the investigation of deaths and serious

injuries which occur during or after contact with persons serving with the

police) has effect.

40

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

103

 

Royal Parks etc.

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

relevant person.

(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

to the specified parks.

(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

appointed day, and

(b)   

to which the Parks Regulation Act 1872 then applied by virtue of

section 1 of the Parks Regulation (Amendment) Act 1926.

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Criminal record checks

140     

Criminal record certificates

(1)   

Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates)

are omitted.

(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

individual who—

(a)   

makes an application in the prescribed manner and form, and

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

104

 

(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

by that subsection, and

(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.

(6)   

In 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;

“relevant matter” means—

(a)   

a conviction within the meaning of the Rehabilitation of

30

Offenders Act 1974, including a spent conviction, and

(b)   

a caution.

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.

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

105

 

(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

officer’s opinion—

(a)   

might be relevant for the purpose described in the statement

10

under subsection (2),

(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

registered person.

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.

(9)   

In this section—

“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

Secretary of State.

(10)   

For the purposes of this section references to a police force include any

35

of the following—

(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;

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

106

 

(m)   

a body with functions in any country or territory outside the

British Islands which correspond to those of a police force in

England and Wales,

   

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

subsection.

(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

Commissioners);

(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

state—

(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

may be prescribed;

(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

child,

(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)

Act 1968, or

(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

1999;

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

107

 

(b)   

the list kept under section 1(1) of the Protection of Children

(Scotland) Act 2003;

(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

Ireland) Order 1986;

(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

Children Act 1999;

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

Ireland) Order 2003;

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)

Order 1986;

(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

may be prescribed.

(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

subsection (4).

(3)   

Each of the following is a specified adults’ list—

 
 

 
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