Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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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)
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
this Part.
(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
Act 2001;
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)”.”
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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.
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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.
30
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
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(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
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(b)
states that there is no such matter or information.

Serious Organised Crime and Police Bill
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(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;

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(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;

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(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.
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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—