|
| |
|
(2) | A chief officer of police who has direction or control of a constable is |
| |
not liable for relevant damages in respect of anything done or |
| |
omitted to be done by the constable in the performance or purported |
| |
performance of functions under this Part. |
| |
(3) | Neither a local authority nor an employee of a local authority is liable |
| 5 |
for relevant damages in respect of anything done or omitted to be |
| |
done by or on behalf of the authority in the performance or |
| |
purported performance of functions under this Part. |
| |
(4) | Subsections (1) to (3) do not apply— |
| |
(a) | if the act or omission is shown to have been in bad faith; |
| 10 |
(b) | so as to prevent an award of damages made in respect of an |
| |
act or omission on the ground that the act or omission was |
| |
unlawful by virtue of section 6(1) of the Human Rights Act |
| |
| |
(5) | This section does not affect any other exemption from liability for |
| 15 |
damages (whether at common law or otherwise). |
| |
(6) | In this section “relevant damages” means damages in proceedings |
| |
for judicial review or for the tort of negligence or misfeasance in |
| |
| |
11J | Part 1A closure notices and orders: compensation |
| 20 |
(1) | This section applies to any person who incurs financial loss in |
| |
| |
(a) | the issue of a Part 1A closure notice, or |
| |
(b) | a Part 1A closure order having effect. |
| |
(2) | A person to whom this section applies may apply to— |
| 25 |
(a) | the magistrates’ court which considered the application for a |
| |
| |
(b) | the Crown Court if the Part 1A closure order was made or |
| |
extended by an order made by that Court on an appeal under |
| |
| 30 |
(3) | An application under this section must not be entertained unless it is |
| |
made not later than the end of the period of 3 months starting with |
| |
whichever is the later of— |
| |
(a) | the day the court decides not to make a Part 1A closure order; |
| |
(b) | the day the Crown Court dismisses an appeal against a |
| 35 |
decision not to make a Part 1A closure order; |
| |
(c) | the day the Part 1A closure order ceases to have effect. |
| |
(4) | On an application under this section the court may order the |
| |
payment of compensation out of central funds if it is satisfied— |
| |
(a) | that the person is not associated with such use of the premises |
| 40 |
as is mentioned in section 11A(1)(b), |
| |
(b) | if the person is the owner or occupier of the premises, that the |
| |
person took reasonable steps to prevent such use of the |
| |
| |
(c) | that the person has incurred financial loss as mentioned in |
| 45 |
| |
|
| |
|
| |
|
(d) | having regard to all the circumstances it is appropriate to |
| |
order payment of compensation in respect of that loss. |
| |
(5) | In this section “central funds” has the same meaning as in enactments |
| |
providing for the payment of costs. |
| |
| 5 |
(1) | This section applies for the purposes of this Part. |
| |
(2) | “Anti-social behaviour” means behaviour by a person which causes |
| |
or is likely to cause harassment, alarm or distress to one or more |
| |
other persons not of the same household as the person. |
| |
(3) | “The appropriate chief officer”, in relation to— |
| 10 |
| |
(b) | a Part 1A closure order relating to any premises, |
| |
| means the chief officer of police for the area in which the premises |
| |
| |
(4) | “Closed premises” means premises in respect of which a Part 1A |
| 15 |
closure order has effect. |
| |
(5) | “Local authority”, in relation to England, means— |
| |
| |
(b) | a London borough council; |
| |
(c) | a county council for an area for which there is no district |
| 20 |
| |
(d) | the Common Council of the City of London in its capacity as |
| |
| |
(e) | the Council of the Isles of Scilly. |
| |
(6) | “Local authority”, in relation to Wales, means— |
| 25 |
| |
(b) | a county borough council. |
| |
(7) | References to the local authority in relation to— |
| |
| |
(b) | a Part 1A closure notice relating to any premises, or |
| 30 |
(c) | a Part 1A closure order relating to any premises, |
| |
| are references to the local authority for the area in which the |
| |
| |
(8) | “A local authority Part 1A closure order” means a Part 1A closure |
| |
order made or extended on the application of the local authority. |
| 35 |
(9) | “The owner”, in relation to premises, means— |
| |
(a) | a person who is for the time being entitled to dispose of the |
| |
fee simple in the premises, whether in possession or in |
| |
reversion (apart from a mortgagee not in possession), or |
| |
(b) | a person who holds or is entitled to the rents and profits of |
| 40 |
the premises under a lease which (when granted) was for a |
| |
term of not less than 3 years. |
| |
(10) | “A Part 1A closure notice” means a notice issued under section 11A. |
| |
(11) | “A Part 1A closure order” means— |
| |
|
| |
|
| |
|
(a) | an order made under section 11B; |
| |
(b) | an order extended under section 11E; |
| |
(c) | an order made or extended under section 11F which has the |
| |
like effect as an order made or extended under section 11B or |
| |
11E (as the case may be). |
| 5 |
(12) | “A police Part 1A closure order” means a Part 1A closure order made |
| |
or extended on the application of a constable. |
| |
(13) | “Premises” includes— |
| |
(a) | any land or other place (whether enclosed or not); |
| |
(b) | any outbuildings which are or are used as part of premises.” |
| 10 |
| |
| |
Nuisance or disturbance on HSS premises |
| |
Offence of causing nuisance or disturbance on HSS premises |
| |
1 (1) | A person commits an offence if— |
| |
(a) | the person causes, without reasonable excuse and while on HSS |
| 15 |
premises, a nuisance or disturbance to an HSS staff member who is |
| |
working there or is otherwise there in connection with work, |
| |
(b) | the person refuses, without reasonable excuse, to leave the HSS |
| |
premises when asked to do so by a constable or an HSS staff member, |
| |
| 20 |
(c) | the person is not on the HSS premises for the purpose of obtaining |
| |
medical advice, treatment or care for himself or herself. |
| |
(2) | A person who commits an offence under this paragraph is liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard scale. |
| |
(3) | For the purposes of this paragraph— |
| 25 |
(a) | a person ceases to be on HSS premises for the purpose of obtaining |
| |
medical advice, treatment or care for himself or herself once the |
| |
person has received the advice, treatment or care, and |
| |
(b) | a person is not on HSS premises for the purpose of obtaining medical |
| |
advice, treatment or care for himself or herself if the person has been |
| 30 |
refused the advice, treatment or care during the last 8 hours. |
| |
| |
“hospital grounds” means land in the vicinity of a hospital and |
| |
| |
| 35 |
(a) | any hospital vested in, or managed by, an HSS trust, |
| |
(b) | any building or other structure, or vehicle, associated with |
| |
the hospital and situated on hospital grounds (whether or not |
| |
vested in, or managed by, an HSS trust), and |
| |
(c) | the hospital grounds, |
| 40 |
“HSS staff member” means a person employed by an HSS trust or |
| |
otherwise working for it (whether as or on behalf of a contractor, as |
| |
a volunteer or otherwise), |
| |
|
| |
|
| |
|
“HSS trust” means a Health and Social Services trust established under |
| |
Article 10 of the Health and Personal Social Services (Northern |
| |
Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and |
| |
“vehicle” includes an air ambulance. |
| |
Power to remove person causing nuisance or disturbance |
| 5 |
2 (1) | If a constable reasonably suspects that a person is committing or has |
| |
committed an offence under paragraph 1, the constable may remove the |
| |
person from the HSS premises concerned. |
| |
(2) | If an authorised officer reasonably suspects that a person is committing or |
| |
has committed an offence under paragraph 1, the authorised officer may— |
| 10 |
(a) | remove the person from the HSS premises concerned, or |
| |
(b) | authorise an HSS staff member to do so. |
| |
(3) | Any person removing another person from HSS premises under this |
| |
paragraph may use reasonable force (if necessary). |
| |
(4) | An authorised officer cannot remove a person under this paragraph or |
| 15 |
authorise another person to do so if the authorised officer has reason to |
| |
| |
(a) | the person to be removed requires medical advice, treatment or care |
| |
for himself or herself, or |
| |
(b) | the removal of the person would endanger the person’s physical or |
| 20 |
| |
| |
“authorised officer” means any HSS staff member authorised by an |
| |
HSS trust to exercise the powers conferred on an authorised officer |
| |
| 25 |
“HSS premises”, “HSS staff member” and “HSS trust” have the same |
| |
meaning as in paragraph 1. |
| |
Guidance about the power to remove etc. |
| |
3 (1) | The Department of Health, Social Services and Public Safety may from time |
| |
to time prepare and publish guidance to HSS trusts and authorised officers |
| 30 |
about the powers in paragraph 2. |
| |
(2) | Such guidance may, in particular, relate to— |
| |
(a) | the authorisation by HSS trusts of authorised officers, |
| |
(b) | the authorisation by authorised officers of HSS staff members to |
| |
remove persons under paragraph 2, |
| 35 |
(c) | training requirements for authorised officers and HSS staff members |
| |
authorised by them to remove persons under paragraph 2, |
| |
(d) | matters that may be relevant to a consideration by authorised officers |
| |
for the purposes of paragraph 2 of whether offences are being, or |
| |
have been, committed under paragraph 1, |
| 40 |
(e) | matters to be taken into account by authorised officers in deciding |
| |
whether there is reason to believe that a person requires medical |
| |
advice, treatment or care for himself or herself or that the removal of |
| |
a person would endanger the person’s physical or mental health, |
| |
|
| |
|
| |
|
(f) | the procedure to be followed by authorised officers or persons |
| |
authorised by them before using the power of removal in paragraph |
| |
| |
(g) | the degree of force that it may be appropriate for authorised officers |
| |
or persons authorised by them to use in particular circumstances, |
| 5 |
(h) | arrangements for ensuring that persons on HSS premises are aware |
| |
of the offence in paragraph 1 and the powers of removal in |
| |
| |
(i) | the keeping of records. |
| |
(3) | Before publishing guidance under this paragraph, the Department of |
| 10 |
Health, Social Services and Public Safety must consult such persons as the |
| |
Department considers appropriate. |
| |
(4) | An HSS trust and an authorised officer must have regard to any guidance |
| |
published under this paragraph when exercising functions under, or in |
| |
connection with, paragraph 2. |
| 15 |
| |
“authorised officer” has the same meaning as in paragraph 2, and |
| |
“HSS premises”, “HSS staff member” and “HSS trust” have the same |
| |
meaning as in paragraph 1. |
| |
| 20 |
| |
Police misconduct and performance procedures |
| |
| |
Amendments to the Police Act 1996 |
| |
1 | The Police Act 1996 (c. 16) has effect subject to the following amendments. |
| |
General duty of Secretary of State |
| 25 |
2 | In section 36(2)(d) (general duty of Secretary of State) for “section 85” |
| |
substitute “sections 84 and 85”. |
| |
Regulations for police forces |
| |
3 (1) | Section 50 (regulations for police forces) is amended as follows. |
| |
(2) | For subsection (3) substitute— |
| 30 |
“(3) | Without prejudice to the powers conferred by this section, |
| |
regulations under this section shall— |
| |
| |
(b) | make provision for the establishment of, |
| |
| procedures for the taking of disciplinary proceedings in respect of |
| 35 |
the conduct, efficiency and effectiveness of members of police forces, |
| |
including procedures for cases in which such persons may be dealt |
| |
| |
(3) | In subsection (4) omit “, subject to subsection (3)(b),”. |
| |
|
| |
|
| |
|
Regulations for special constables |
| |
4 (1) | Section 51 (regulations for special constables) is amended as follows. |
| |
(2) | In subsection (2)(ba) (conduct of special constables) after “conduct” insert “, |
| |
efficiency and effectiveness”. |
| |
(3) | After subsection (2) insert— |
| 5 |
“(2A) | Without prejudice to the powers conferred by this section, |
| |
regulations under this section shall— |
| |
| |
(b) | make provision for the establishment of, |
| |
| procedures for the taking of disciplinary proceedings in respect of |
| 10 |
the conduct, efficiency and effectiveness of special constables, |
| |
including procedures for cases in which such persons may be dealt |
| |
| |
| |
5 | In section 59(3) (representation only by another member of a police force |
| 15 |
except in certain circumstances) for “provided by” substitute “provided in |
| |
regulations made in accordance with”. |
| |
| |
6 (1) | Section 63(3) (supply of draft regulations to the Police Advisory Board) is |
| |
| 20 |
(2) | In paragraph (a), for “regulations under section 50 or 52” substitute |
| |
“regulations or rules under section 50, 52, 84 or 85”. |
| |
(3) | After “a draft of the regulations” insert “or rules”. |
| |
Representation at disciplinary and other proceedings |
| |
7 | For section 84 substitute— |
| 25 |
“84 | Representation etc. at disciplinary and other proceedings |
| |
(1) | The Secretary of State shall by regulations make provision for or in |
| |
| |
(a) | enabling the officer concerned or a relevant authority to be |
| |
represented in proceedings conducted under regulations |
| 30 |
made in pursuance of section 50(3) or section 51(2A); |
| |
(b) | enabling the panel conducting such proceedings to receive |
| |
advice from a relevant lawyer or another person falling |
| |
within any prescribed description of persons. |
| |
(2) | Regulations under this section may in particular make provision— |
| 35 |
(a) | specifying the circumstances in which the officer concerned |
| |
or a relevant authority is entitled to be legally represented (by |
| |
| |
(b) | specifying the circumstances in which the officer concerned |
| |
or a relevant authority is entitled to be represented by a |
| 40 |
person (other than a relevant lawyer) who falls within any |
| |
prescribed description of persons; |
| |
|
| |
|
| |
|
| |
(i) | a relevant authority may be legally represented, and |
| |
(ii) | the panel conducting the proceedings may receive |
| |
advice from a relevant lawyer, |
| |
| whether or not the officer concerned is legally represented. |
| 5 |
(3) | Without prejudice to the powers conferred by this section, |
| |
regulations under this section shall, in relation to cases where the |
| |
officer concerned is entitled to legal or other representation, make |
| |
| |
(a) | for securing that the officer is notified of his right to such |
| 10 |
| |
(b) | specifying when the officer is to be so notified; |
| |
(c) | for securing that proceedings at which the officer may be |
| |
dismissed are not to take place unless the officer has been |
| |
notified of his right to such representation. |
| 15 |
| |
“the officer concerned”, in relation to proceedings within |
| |
subsection (1)(a), means the member of a police force or |
| |
special constable to whom the proceedings relate; |
| |
“the panel”, in relation to proceedings within subsection (1)(a), |
| 20 |
means the panel of persons, or the person, prescribed for the |
| |
purpose of conducting the proceedings; |
| |
“prescribed” means prescribed by regulations under this |
| |
| |
“relevant authority” means— |
| 25 |
(a) | where the officer concerned is a member of a police |
| |
force (other than a senior officer), or a special |
| |
constable, the chief officer of police of the police force |
| |
of which the officer is a member, or for which the |
| |
officer is appointed as a special constable; |
| 30 |
(b) | where the officer concerned is a senior officer, the |
| |
police authority for the police force of which the |
| |
| |
“relevant lawyer” means a person who, for the purposes of the |
| |
Legal Services Act 2007, is an authorised person in relation to |
| 35 |
an activity which constitutes the exercise of a right of |
| |
audience (within the meaning of that Act); |
| |
“senior officer” means a member of a police force holding a rank |
| |
above that of chief superintendent. |
| |
(5) | But in prescribed circumstances “relevant authority” also includes |
| 40 |
the Independent Police Complaints Commission. |
| |
(6) | Regulations under this section may make different provision for |
| |
different cases and circumstances. |
| |
(7) | A statutory instrument containing regulations under this section |
| |
shall be subject to annulment in pursuance of a resolution of either |
| 45 |
| |
|
| |
|