Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
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Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
140

Schedule 13
Section 91

Police powers for civilian employees under collaboration agreements
Police Act 1996
1
After section 23A of the Police Act 1996 insert—
“23AA
  Force collaboration provision about civilian employees
5
(1)
This section applies to force collaboration provision, contained in a
collaboration agreement, which is about the discharge of functions
by designated civilian employees of one police force (the “assisting
force”) for the purposes of another police force (the “assisted force”).
(2)
The force collaboration provision must specify—
10
(a)
the functions which the designated civilian employees are
permitted by the collaboration agreement to discharge for the
purposes of the assisted force, and
(b)
any restrictions or conditions on that permission for the
designated civilian employees to discharge those functions.
15
(3)
The force collaboration provision must not permit the designated
civilian employees to discharge functions for the purposes of the
assisted force unless those employees are, by virtue of the relevant
section 38 designation, authorised to discharge those functions for
the purposes of the assisting force.
20
(4)
The force collaboration provision does not authorise the designated
civilian employees to discharge functions for the purposes of the
assisted force (but see section 38B of the Police Reform Act 2002).
(5)
References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
25
include references to—
(a)
the joint discharge of functions by the civilian employees and
members of the assisted police force,
(b)
the discharge of functions by the civilian employees in the
assisted force’s area, and
30
(c)
the provision of the civilian employees to the assisted force.
(6)
In this section—
“designated”, in relation to a civilian employees of a police
force, means designated by the chief officer of police of that
force by a section 38 designation;
35
“relevant section 38 designation”, in relation to a designated
civilian employees, means the section 38 designation relating
to the employee;
“section 38 designation” means a designation under section 38
of the Police Reform Act 2002.”.
40
Police Reform Act 2002
2
The Police Reform Act 2002 is amended as follows.

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
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3
After section 38A insert—
“38B
Police powers for civilian employees under collaboration agreements
(1)
The chief officer of police of a police force (the “assisted force”) may
designate a person (“C”) who—
(a)
is a civilian employee of another police force (the “assisting
5
force”),
(b)
is designated under section 38 by the chief officer of police of
the assisting police force (the “section 38 designation”), and
(c)
is permitted, under relevant police collaboration provision,
to discharge powers and duties specified in that provision for
10
the purposes of the assisted force.
(2)
The designation under subsection (1) (the “collaboration
designation”) must designate C as an officer of one or more of the
descriptions specified in section 38(2).
(3)
The collaboration designation may designate C as an officer of a
15
particular description specified in section 38(2) only if the section 38
designation designates C as an officer of that description.
(4)
C shall have the powers and duties conferred or imposed on C by the
collaboration designation.
(5)
A power or duty may be conferred or imposed on C by the
20
collaboration designation only if C is permitted, under the relevant
police collaboration provision, to discharge that power or duty for
the purposes of the assisted force.
(6)
C shall not be authorised or required by virtue of the collaboration
designation to engage in any conduct otherwise than in the course of
25
discharging a power or duty conferred or imposed on C by the
collaboration designation.
(7)
The collaboration designation must specify the restrictions and
conditions to which C is subject in the discharge of the powers and
duties conferred or imposed by the collaboration designation.
30
(8)
Those restrictions and conditions must include the restrictions and
conditions specified in the relevant police collaboration provision.
(9)
C is authorised or required to discharge any power or duty conferred
or imposed by the collaboration designation subject to the
restrictions and conditions specified in the collaboration designation.
35
(10)
References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
have the same meaning as in section 23B of the Police Act 1996.
(11)
In this section—
“civilian employee” has the meaning given by section 23I of the
40
Police Act 1996;
“relevant police collaboration provision” means provision,
contained in a collaboration agreement under section 22A of
the Police Act 1996, which is of the kind referred to in section
23AA of that Act.
45

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
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38C
Designations under section 38B: supplementary provision
(1)
The collaboration designation of C must be in accordance with the
relevant police collaboration provision.
(2)
Subsection (1) is in addition to section 38B(5) and (8).
(3)
Subsections (8) and (9) of section 38 apply to any power exercisable
5
by C in reliance on the collaboration designation as they apply to a
power exercisable by a person in reliance on a designation under
section 38.
(4)
In exercising or performing any power or duty in reliance on the
collaboration designation, C is to be taken—
10
(a)
as exercising or performing that power or duty in reliance on
that collaboration designation (and not in reliance on any
designation under section 38); and
(b)
accordingly, as not being a designated person (within the
meaning of section 46(1)) by virtue of any designation under
15
section 38.
(5)
Expressions used in this section and section 38B have the same
meanings in this section as in section 38B.”.
4     (1)
Section 42 (supplementary provisions relating to designations and
accreditations) is amended in accordance with this paragraph.
20
      (2)
In subsection (1), after “section 38” insert “, 38B”.
      (3)
After subsection (2) insert—
“(2ZA)
A power exercisable by any person in reliance on a designation
under section 38B by the chief officer of police of the assisted force
shall, subject to subsection (2A), be exercisable only by a person
25
wearing such uniform as may be—
(a)
determined or approved for the purposes of this Chapter by
the chief officer of police of the assisting police force; and
(b)
identified or described in the designation.

In this subsection, “assisted force” and “assisting force” have the
30
same meanings as in section 38B.”.
      (4)
In subsection (2A), after “subsection (2)” insert “or (2ZA)”.
      (5)
In subsection (2B), after “section 38” insert “(in relation to subsection (2)) or
section 38B (in relation to subsection (2ZA))”.
      (6)
In subsection (3), after “section 38” insert “, 38B”.
35
      (7)
After subsection (7) insert—
“(7A)
For the purposes of determining liability for the unlawful conduct of
a civilian employee of a police force (within the meaning of section
38B), conduct by such an employee in reliance or purported reliance
on a designation under section 38B shall be taken to be conduct in the
40
course of the employee’s employment by the employer; and, in the
case of a tort, that employer shall fall to be treated as a joint tortfeasor
accordingly.”.
5
In section 46 (offences against designated and accredited persons etc), after

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 2 — Transfer schemes
143

subsection (4) insert—
“(5)
References in this section to a designated person are to—
(a)
a designated person within the meaning given by section
47(1), and
(b)
a person in relation to whom a designation under section 38B
5
is for the time being in force.”.
Railways and Transport Safety Act 2003
6
In section 28 of the Railways and Transport Safety Act 2003 (exercise of
powers by civilians), after subsection (1)(aa) insert—
“(ab)
sections 38B and 38C (police powers for civilian employees
10
under collaboration agreements),”.
Schedule 14
Section 98

Transitional provision
Part 1
Chief officers of police to remain in post
15
1     (1)
This paragraph applies in relation to a police area listed in Schedule 1 to the
Police Act 1996 if, immediately before section 2 comes into force in relation
to that police area, a person is in post as the chief constable of the police force
for that area.
      (2)
That person becomes the new chief constable of that police force.
20
      (3)
In this paragraph “new chief constable” means the chief constable
established for that police area under section 2 of this Act.
2     (1)
This paragraph applies in relation to the metropolitan police district if,
immediately before section 4 comes into force, a person is in post as the
Commissioner of Police of the Metropolis.
25
      (2)
That person becomes the new Commissioner of Police of the Metropolis.
      (3)
In this paragraph “new Commissioner of Police of the Metropolis” means
the new Commissioner of Police of the Metropolis established under section
4 of this Act.
Part 2
30
Transfer schemes
Power to direct existing police authority to make transfer scheme
3     (1)
The Secretary of State may direct an existing police authority—
(a)
to make one or more transfer schemes, and
(b)
to submit such a scheme to the Secretary of State for approval.
35
      (2)
If the Secretary of State gives a direction under sub-paragraph (1)(b), the
Secretary of State may—

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 2 — Transfer schemes
144

(a)
approve the scheme as submitted,
(b)
approve the scheme with modifications, or
(c)
reject the scheme.
      (3)
Before making a decision under sub-paragraph (2), the Secretary of State
must—
5
(a)
consult the existing police authority, and
(b)
if the scheme includes provision about the transfer of staff, consult
persons who, in the Secretary of State’s opinion, represent the views
of the staff concerned.
      (4)
If the Secretary of State gives a direction under sub-paragraph (1)(b), the
10
existing police authority—
(a)
must not make the scheme unless the Secretary of State approves it,
and
(b)
if the Secretary of State approves the scheme with modifications,
must make it with those modifications.
15
      (5)
A direction under this paragraph—
(a)
must be in writing; and
(b)
may be varied or revoked by a further direction.
4     (1)
The Secretary of State may make one or more transfer schemes in relation to
an existing police authority if—
20
(a)
the authority does not comply with a direction given to it under
paragraph 3, or
(b)
the Secretary of State decides not to approve one or more schemes
submitted by that authority under paragraph 3.
      (2)
A scheme made by the Secretary of State under this paragraph is to be
25
treated as if made by the existing police authority.
Staff
5     (1)
A transfer scheme may provide for a person employed by the existing police
authority under section 15 of the Police Act 1996 to become—
(a)
a member of the staff of the new policing body,
30
(b)
a member of the civilian staff of the police force, or
(c)
a member of staff of a local authority.
      (2)
The scheme may provide that a contract of employment which the person
had before becoming a member of the staff of the new policing body is to
have effect (subject to any modifications) as if originally made between that
35
person and that body.
      (3)
The scheme may provide that a contract of employment which the person
had before becoming a member of the civilian staff of a police force is to have
effect (subject to any modifications) as if originally made between that
person and the chief officer.
40
      (4)
The scheme may provide that a contract of employment which the person
had before becoming a member of the staff of a local authority is to have
effect (subject to any modifications) as if originally made between that
person and that local authority.

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 2 — Transfer schemes
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6     (1)
A transfer scheme may provide, in the case of a person who is seconded to
the existing police authority, that the secondment is to have effect as a
secondment to—
(a)
the staff of the new policing body,
(b)
the civilian staff of the police force, or
5
(c)
a member of staff of a local authority.
      (2)
The scheme may make provision as to the terms and conditions which are to
have effect as the terms and conditions of the person’s secondment.
7     (1)
A transfer scheme may provide for the transfer to the new policing body of
the rights, powers, duties and liabilities of the employer under or in
10
connection with the contract of employment of a person who becomes a
member of the staff of that body.
      (2)
A transfer scheme may provide for the transfer to the chief officer of the
rights, powers, duties and liabilities of the employer under or in connection
with the contract of employment of a person who becomes a member of the
15
civilian staff of the police force.
      (3)
A transfer scheme may provide for the transfer to a local authority of the
rights, powers, duties and liabilities of the employer under or in connection
with the contract of employment of a person who becomes a member of the
staff of that local authority.
20
      (4)
A transfer scheme may make provision—
(a)
for periods before a person became a member of the staff of the new
policing body to count as periods of employment with that body,
and
(b)
for periods before a person became a member of the staff of the new
25
policing body, and the period after the person became a member of
the staff of the new policing body, to count as a period of continuous
employment.
      (5)
A transfer scheme may make provision—
(a)
for periods before a person became a member of the civilian staff of
30
the police force to count as periods of employment with the chief
officer, and
(b)
for periods before a person became a member of the civilian staff of
the police force, and the periods after the person became a member
of the civilian staff of the police force, to count as a period of
35
continuous employment.
      (6)
A transfer scheme may make provision—
(a)
for periods before a person became a member of the staff of a local
authority to count as periods of employment with that local
authority, and
40
(b)
for periods before a person became a member of the staff of a local
authority, and the period after the person became a member of the
staff of the local authority, to count as a period of continuous
employment.
8     (1)
A transfer scheme may provide for a person who—
45
(a)
is employed by the existing police authority under section 15 of the
Police Act 1996, and
(b)
would otherwise, by the operation of the scheme, become—

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 2 — Transfer schemes
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(i)
a member of the staff of the new policing body,
(ii)
a member of the civilian staff of the police force, or
(iii)
a member of staff of a local authority,

not to become such a member of staff if the person gives notice objecting to
the operation of the scheme in relation to the person.
5
      (2)
A person who would (but for this sub-paragraph) be treated as being
dismissed by the operation of a transfer scheme (whether by an enactment
or otherwise) is to be treated as not being so dismissed.
      (3)
Sub-paragraph (2) does not apply to a person who, by virtue of sub-
paragraph (1), does not become a member of staff.
10
Property, rights and liabilities etc
9     (1)
A transfer scheme may provide for the transfer of property, rights and
liabilities of the existing police authority to—
(a)
the new policing body, or
(b)
the chief officer.
15
      (2)
The scheme may—
(a)
create rights, or impose liabilities, in relation to property, rights and
liabilities transferred by virtue of the scheme, and
(b)
apportion property, rights and liabilities between the new policing
body and the chief officer.
20
      (3)
The scheme may provide for things done by or in relation to the existing
policing body, its staff, or the members of the police force, to be—
(a)
treated as done by, or in relation to, or
(b)
continued by, or in relation to,

the new policing body, the staff of the new policing body, the chief officer,
25
the civilian staff of the police force, or the members of the police force.
      (4)
The scheme may make provision about the continuation of legal
proceedings.
10
A transfer scheme may provide for the new policing body, or the chief
officer, to make any payment which—
30
(a)
before a day specified in the scheme could have been made out of the
police fund of the existing police body, but
(b)
is not a liability which can be transferred by virtue of paragraph 9.
Supplementary
11    (1)
A transfer scheme my contain further provision in connection with any of
35
the matters to which paragraphs 5 to 10 relate.
      (2)
A transfer scheme may contain incidental, consequential, supplemental,
transitional and saving provision.
12    (1)
A transfer scheme may contain provision—
(a)
for the Secretary of State, or any other person nominated by or in
40
accordance with the scheme, to determine any matter requiring
determination under or in consequence of the scheme, and