Police Reform Act 2002

• (8) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

Regulations

23

• (1) The Secretary of State may make regulations as to the procedure to be followed under any provision of this Part.

• (2) Without prejudice to the generality of the power conferred by subsection (1) or of any other power to make regulations conferred by any provision of this Part, the Secretary of State may also by regulations provide—

• (a) for the appropriate authority, in the case of a complaint that relates to conduct of a person serving with the police, to be required, in accordance with procedures provided for in the regulations—

• (i) to supply the person complained against with a copy of the complaint; and

• (ii) to supply the complainant with a copy of the record made of that complaint;

• (b) for the matters to be taken into account in making any determination as to which procedure to adopt for handling complaints and dealing with recordable conduct matters and DSI matters;

• (c) for any procedure for the purposes of this Part to be discontinued where—

• (i) a complaint is withdrawn;

• (ii) the complainant indicates that he does not wish any further steps to be taken; or

• (iii) the whole or part of the investigation of the complaint has been postponed until the conclusion of criminal proceedings and the complainant fails to indicate after the conclusion of those proceedings that he wishes the investigation to be resumed;

and for the manner in which any such withdrawal or indication is to be effected or given, and for the circumstances in which it is to be taken as effected or given;

• (d) for requiring the subject-matter of a complaint that has been withdrawn to be treated for the purposes of this Part, in the cases and to the extent specified in the regulations, as a recordable conduct matter;

• (e) for the manner in which any procedure for the purposes of this Part is to be discontinued in a case where it is discontinued in accordance with the regulations, and for the consequences of any such discontinuance;

• (f) for the circumstances in which any investigation or other procedure under this Part may be or must be suspended to allow any other investigation or proceedings to continue, and for the consequences of such a suspension;

• (g) for the regulation of the appointment of persons to carry out investigations under this Part or to assist with the carrying out of such investigations, for limiting the persons who may be appointed and for the regulation of the carrying out of any such investigation;

• (h) for combining into a single investigation the investigation of any complaint, conduct matter or DSI matter with the investigation or investigations of any one or more, or any combination, of the following—

• (i) complaints (whether or not relating to the same conduct),

• (ii) conduct matters, or

• (iii) DSI matters,

and for splitting a single investigation into two or more separate investigations;

• (i) for the procedure to be followed in cases in which the Director General relinquishes the ... direction of any investigation and for the consequences of the Director General doing so;

• (j) for the manner in which any reference of a complaint , conduct matter or DSI matter to the Director General is to be made;

• (k) for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or recordable conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct;

• (l) for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or conduct matter relates to the conduct of a person—

• (i) whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;

• (ii) whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;

• (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (n) for the records to be kept by local policing bodies and chief officers—

• (i) with respect to complaints and purported complaints;

• (ii) with respect to recordable conduct matters or DSI matters; and

• (iii) with respect to the exercise and performance of their powers and duties under this Part;

• (o) for the Director General to be required to establish and maintain a register of such information provided to the Director General or the Office in accordance with this Part as may be of a description specified in the regulations and for regulating the extent to which information stored on that register may be published or otherwise disclosed to any person by the Director General;

• (p) for chief officers to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part;

• (pa) for local policing bodies to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part (including powers and duties that are acquired by virtue of giving a notice under section 13A);

• (q) for the manner in which any notification for the purposes of any provision of this Part is to be given and the time at which, or period within which, any such notification must be given.

• (r) for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Director General by a person who is not that person's legal representative but is of a description specified in the regulations.

Consultation on regulations

24

Before making any regulations under this Part, the Secretary of State shall consult with—

• (a) the Office;

• (aa) the Director General;

• (b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

• (ba) the Mayor's Office for Policing and Crime;

• (bb) the Common Council;

• (c) the National Police Chiefs' Council; and

• (d) such other persons as he thinks fit.

Conduct of persons in other forms of police service

NCIS and NCS

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Forces maintained otherwise than by police authorities

26

• (1) Notwithstanding any provision made by or under any enactment passed or made before this Act—

• (a) the Director General, and

• (b) an authority other than a local policing body which maintains a body of constables,

shall each have power to enter into an agreement with the other for the establishment and maintenance in relation to that body of constables of procedures corresponding or similar to any of those provided for by or under this Part.

• (2) If it appears to the Secretary of State appropriate to do so in relation to any body of constables maintained otherwise than by a local policing body to establish any such corresponding or similar procedures, he may by order—

• (a) provide for the establishment and maintenance of such procedures in relation to that body of constables; and

• (b) in a case in which procedures in relation to that body of constables have effect by virtue of subsection (9) or have previously been established by virtue of this section—

• (i) provide for those procedures to be superseded by the provision made by the order; and

• (ii) make transitional provision in connection with the replacement of the superseded procedures.

• (3) It shall be the duty of the Secretary of State to secure that procedures are established and maintained under subsection (2) in relation to each of the following—

• (a) the Ministry of Defence Police; and

• (b) the British Transport Police Force.

• (4) An agreement under this section shall not be made, varied or terminated except with the approval of the Secretary of State.

• (5) An agreement or order under this section in relation to any body of constables may contain provision for enabling the Director General to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement or order as disciplinary proceedings in relation to members of that body of constables.

• (6) An agreement or order under this section in relation to any body of constables may provide for the application of procedures in relation to persons who are not themselves constables but are employed for the purposes of that body of constables and in relation to the conduct of such persons, as well as in relation to members of that body of constables and their conduct.

• (7) Before making an order under this section the Secretary of State shall consult with both—

• (a) the Director General; and

• (b) the authority maintaining the body of constables to whom the order relates.

• (8) Procedures established in accordance with any agreement or order under this section shall have no effect in relation to anything done outside England and Wales by any constable or any person employed for the purposes of a body of constables.

• (9) Where, immediately before the coming into force of this section, any procedures have effect in relation to any body of constables by virtue of—

• (a) section 78 of the 1996 Act (which made provisions similar to that made by this section), or

• (b) paragraph 13 of Schedule 8 to that Act (transitional provisions),

those procedures shall continue to have effect thereafter (notwithstanding the repeal by this Act of Chapter 1 of Part 4 of the 1996 Act and of that paragraph) until superseded by procedures established by virtue of any agreement or order under this section.

• (10) Subsection (9) has effect subject to the provisions of any order made under section 28.

Conduct of the Commission’s staff

27

• (1) The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—

• (a) cases in which allegations of misconduct are made against members of the Office's staff; and

• (b) cases in which there is otherwise an indication that there may have been misconduct by a member of the Office's staff.

• (2) Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.

• (3) Regulations under this section may provide for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be specified in the regulations.

• (4) Before making any regulations under this section the Secretary of State shall consult with the Office and the Director General.

Transitional provisions

Transitional arrangements connected with establishing the Commission etc.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 2

Interpretation of Part 2

29

• (1) In this Part—

• “the appropriate authority”—in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—if that person is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; andif he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; ... in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and in relation to a death or serious injury matter, means—if the relevant officer is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; andif he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

• “chief officer” means the chief officer of police of any police force;

• ...

• “complainant” shall be construed in accordance with subsection (2);

• “complaint” has the meaning given by section 12;

• “conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);

• “conduct matter” has the meaning given by section 12;

• “death or serious injury matter” and “DSI matter” have the meaning given by section 12;

• “the Director General” means (unless otherwise specified) the Director General of the Office;

• “disciplinary proceedings” means—in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; andin relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;

• “document” means anything in which information of any description is recorded;

• “information” includes estimates and projections, and statistical analyses;

• ...

• “the Office” means the Independent Office for Police Conduct;

• “person complained against”, in relation to a complaint that relates to conduct of a person serving with the police, means the person whose conduct is the subject-matter of the complaint;

• “recordable conduct matter” means (subject to any regulations under section 23(2)(d))—a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 , 11 or 13A of Schedule 3 or has been so recorded; or a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant force”, in relation to the appropriate authority, means— if that authority is a local policing body, the police force which the body is responsible for maintaining; and if that authority is the chief officer of police of a police force, his force;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;

• “serving with the police”, in relation to any person, shall be construed in accordance with section 12(7) to (10) .

• (1A) In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7) to (10) )—

• (a) who arrested the person who has died or suffered serious injury,

• (b) in whose custody that person was at the time of the death or serious injury, or

• (c) with whom that person had the contact in question;

and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

• (1B) Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.

• (2) References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—

• (a) to the person by whom the complaint or purported complaint was made, or

• (b) in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;

but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.

• (3) Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—

• (a) a person serving with the police;

• (ca) a National Crime Agency officer; or

• (d) a person engaged on relevant service, within the meaning of section 97(1)(a) ... or (d) of the 1996 Act (temporary service of various kinds).

• (4) In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—

• (a) a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or

• (b) a person who—

• (i) at the time when the conduct is supposed to have taken place, in relation to him, or

• (ii) at the time when he is supposed to have been adversely affected by it, or to have witnessed it,

was on duty in his capacity as a person falling within subsection (3)(a) to (d).

• (4A) In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—

• (a) a member of the police force with which dissatisfaction is expressed,

• (b) a civilian employee of that police force,

• (c) a special constable who is under the direction and control of the chief officer of that police force, or

• (d) where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.

• (5) For the purposes of this Part a person is adversely affected if he suffers any form of loss or damage, distress or inconvenience, if he is put in danger or if he is otherwise unduly put at risk of being adversely affected.

• (6) References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, ... under the direction of the Director General or by the Director General ... shall be construed as references to its investigation in accordance with paragraph 16, ... 18 or, as the case may be, 19 of Schedule 3.

• (7) The Commissioner of Police for the City of London shall be treated for the purposes of this Part as if he were a member of the City of London police force.

• (8) References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.

Part 3 — Removal, suspension and disciplining of police officers

Removal and suspension of senior officers

Resignation in the interests of efficiency and effectiveness

30

• (1) In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis)—

• (a) in subsection (1), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “ in the interests of efficiency or effectiveness, to retire or to resign ”; and

• (b) in subsection (3), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “ retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date ”.

• (2) In section 11 of that Act (removal of chief constables)—

• (a) in subsection (2), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “ in the interests of efficiency or effectiveness, to retire or to resign ”; and

• (b) in subsection (4), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “ retire or resign under subsection (2), shall retire or resign with effect from such date as the police authority may specify, or with effect from such earlier date ”.

Procedural requirements for removal of senior officers

31

• (1) In subsection (2) of section 9E of the 1996 Act (removal of Commissioner of Police of the Metropolis) for the words from “an opportunity” to the end there shall be substituted

— (a) an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and (b) an opportunity to make representations; and the Authority shall consider any representations made by or on behalf of the Commissioner. The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.

• (2) In subsection (3) of section 11 of the 1996 Act (removal of chief constable), for the words from “an opportunity” to the end there shall be substituted

— (a) an explanation in writing of the authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and (b) an opportunity to make representations; and the authority shall consider any representations made by or on behalf of the chief officer. The opportunity given to the chief constable to make representations must include the opportunity to make them in person.

Suspension of senior officers

32

• (1) In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis), after subsection (2) there shall be inserted—

(2A) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if— (a) it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or (b) having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or (c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect; and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).

• (2) In section 11 of that Act (appointment and removal of chief constables), after subsection (3) there shall be inserted—

(3A) A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if— (a) it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or (b) having been notified by the Secretary of State that he is proposing to consider whether to require the police authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or (c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect; and it shall be the duty of a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).

• (3) In each of sections 9F(3), 9FA(3) and 9G(3) of that Act (application of sections 9E(1) to (3) in the case of Assistant Commissioners, Deputy Assistant Commissioners and Commanders), at the end there shall be inserted

but with the omission in subsection (2A)— (a) of paragraph (b); (b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and (c) of the words after paragraph (c).

• (4) In section 11A(3) of that Act (application of section 11(2) to (4) in the case of deputy chief constables), at the end there shall be inserted

but with the omission in subsection (3A)— (a) of paragraph (b); (b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and (c) of the words after paragraph (c).

• (5) In section 12(3) of that Act (application of section 11(2), (3) and (4) in the case of assistant chief constables)—

• (a) for “, (3) and” there shall be substituted “ to ”; and

• (b) at the end there shall be inserted

but with the omission in subsection (3A) — (a) of paragraph (b); (b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and (c) of the words after paragraph (c).

Removal etc. of senior officers at the instance of the Secretary of State

33

• (1) Section 42 of the 1996 Act (role of the Secretary of State as respects removal of chief constables etc.) shall be amended as follows.

• (2) For subsections (1) and (2) there shall be substituted—

(1) The Secretary of State may— (a) require the Metropolitan Police Authority to exercise its power under section 9E to call upon the Commissioner or Deputy Commissioner, in the interests of efficiency or effectiveness, to retire or to resign; or (b) require a police authority maintaining a police force under section 2 to exercise its power under section 11 to call upon the chief constable of that force, in the interests of efficiency or effectiveness, to retire or to resign. (1A) The Secretary of State may also, in any case falling within subsection (1B) in which he considers that it is necessary for the maintenance of public confidence in the force in question— (a) require the Metropolitan Police Authority to suspend the Commissioner or Deputy Commissioner from duty; or (b) require a police authority maintaining a police force under section 2 to suspend the chief constable of that force from duty. (1B) The cases falling within this subsection are— (a) where the Secretary of State is proposing to exercise his power under subsection (1) in relation to the Metropolitan Police Authority or, as the case may be, the other police authority in question, or is proposing to consider so exercising that power; (b) where the Metropolitan Police Authority or the other police authority in question is itself proposing to exercise its power to call upon the Commissioner or Deputy Commissioner or, as the case may be, the chief constable of the force in question to retire or to resign, or is proposing to consider so exercising that power; and (c) where the power mentioned in paragraph (a) or (b) has been exercised but the retirement or resignation has not yet taken effect. (2) Before requiring the exercise by the Metropolitan Police Authority or any other police authority of its power to call upon the Commissioner or Deputy Commissioner or the chief constable of the force in question to retire or to resign, the Secretary of State shall— (a) give the officer concerned a notice in writing— (i) informing him of the Secretary of State’s intention to require the exercise of that power; and (ii) explaining the Secretary of State’s grounds for requiring the exercise of that power; and (b) give that officer an opportunity to make representations to the Secretary of State. (2A) Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the notice to the Metropolitan Police Authority or other police authority concerned. (2B) The Secretary of State shall consider any representations made to him under subsection (2).

• (3) In subsection (3) (inquiries), for the words from the beginning to “subsection (1)” there shall be substituted—

(3) Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he

.

• (4) After subsection (3) there shall be inserted—

(3A) At an inquiry held under subsection (3)— (a) the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry; (b) the Metropolitan Police Authority or, as the case may be, the police authority concerned shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry. (3B) The entitlement of the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question to make representations shall include the entitlement to make them in person.

• (5) In subsection (4) (expenses of inquiry), for the words “a chief constable, deputy chief constable or assistant chief constable” there shall be substituted “ the Commissioner, the Deputy Commissioner or a chief constable ”.

• (6) After subsection (4) there shall be inserted—

(4A) If the Secretary of State exercises the power conferred by subsection (1) in relation to the Commissioner or the Deputy Commissioner or a chief constable, the Metropolitan Police Authority or other police authority concerned— (a) shall not be required to seek the Secretary of State’s approval before calling upon the Commissioner or Deputy Commissioner or chief constable in question, in the interests of efficiency or effectiveness, to retire or to resign; and (b) shall not be required to give the Commissioner, the Deputy Commissioner or the chief constable a written explanation of the authority’s grounds for calling upon him to retire or to resign, to give him an opportunity to make representations to it or to consider any representations made by him. (4B) In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis. (4C) In this section a reference to the police authority concerned, in relation to a chief constable, is to the police authority which maintains the police force of which he is chief constable.

• (7) Subsection (5) (application to senior officers in the metropolitan police) shall cease to have effect.

Regulations concerning procedure for removal of senior officers

34

After section 42 of the 1996 Act, there shall be inserted—

(42A) (1) The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section 9E, 11 or 42. (2) Before making any regulations under this section, the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit. (3) Regulations under this section may make different provision for different cases and circumstances. (4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Disciplinary proceedings and protected disclosures

Disciplinary regulations for special constables

35

In section 51 of the 1996 Act (regulations for special constables), in subsection (2), after paragraph (b) there shall be inserted—

(ba) the conduct of special constables and the maintenance of discipline;

.

Conduct of disciplinary proceedings

36

• (1) Without prejudice to the generality of any of the powers conferred by sections 50 and 51 of the 1996 Act (regulations for police forces and for special constables), regulations under each of those sections may make provision—

• (a) for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Director General of the Independent Office for Police Conduct;

• (b) for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations; and

• (c) for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.

• (2) In this section “disciplinary proceedings” means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of 1996 Act which are identified as disciplinary proceedings by those regulations.

Protected disclosures by police officers

37

• (1) After section 43K of the Employment Rights Act 1996 (c. 18), there shall be inserted—

(43KA) (1) For the purposes of— (a) this Part, (b) section 47B and sections 48 and 49 so far as relating to that section, and (c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A, a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly. (2) In this section “the relevant officer” means— (a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police; (b) in relation to a person appointed as a police member of the NCIS, the Director General of NCIS; (c) in relation to a person appointed as a police member of the NCS, the Director General of NCS; (d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.

• (2) In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—

• (a) the words “, Part IVA” and “, 47B” shall be omitted;

• (b) after “sections 100” there shall be inserted “ , 103A ”; and

• (c) after “section 100” there shall be inserted “ or 103A ”.

• (3) Section 13 of the Public Interest Disclosure Act 1998 (c. 23) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.

Part 4 — Police powers etc.

Chapter 1 — Exercise of police powers etc. by civilians

Police powers for police authority employees

38

• (1) The chief officer of police of any police force may designate a relevant employee as either or both of the following—

• (a) a community support officer;

• (b) a policing support officer.

• (1A) The chief officer of police of any police force may designate a police volunteer as either or both of the following—

• (a) a community support volunteer;

• (b) a policing support volunteer.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A chief officer of police . . . shall not designate a person under this section unless he is satisfied that that person—

• (a) is a suitable person to carry out the functions for the purposes of which he is designated;

• (b) is capable of effectively carrying out those functions; and

• (c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred or imposed on him by virtue of the designation.

• (5) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6B) The powers and duties that may be conferred or imposed on a person designated under this section are—

• (a) any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);

• (b) where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer.

• (6C) The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it.

• (6D) Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section.

• (6E) Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person—

• (a) in the area of that police force, and

• (b) in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.

• (6F) A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated—

• (a) in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force);

• (b) only in such parts of the area of that police force as are specified in the designation;

• (c) only in cases or circumstances so specified.

• (7) A relevant employee . . . authorised or required to do anything by virtue of a designation under this section—

• (a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

• (b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.

• (7A) A police volunteer authorised or required to do anything by virtue of a designation under this section —

• (a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;

• (b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.

• (8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.

• (9) Where any power exercisable by any person in reliance on his designation under this section includes power to use force to enter any premises, that power shall not be exercisable by that person except—

• (a) in the company, and under the supervision, of a constable; or

• (b) for the purpose of saving life or limb or preventing serious damage to property.

• (9A) The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation.

• (9B) However, subsection (9A) does not apply to—

• (a) the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances—

• (i) the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;

• (ii) the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;

• (b) the use of a weapon for a purpose specified in regulations made by the Secretary of State;

• (c) the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.

• (9C) A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (11) In this section “relevant employee” means—

• (a) in the case of—

• (i) a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or

• (ii) the police force maintained for the metropolitan police district in accordance with section 5A of that Act,

a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);

• (b) in the case of any other police force, a person who—

• (i) is employed by the police authority maintaining that force, and

• (ii) is under the direction and control of the chief officer making a designation under subsection (1).

• (11A) In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—

• (a) any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);

• (b) any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).

• (c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);

• (d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).

• (12) In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee.

• (13) For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.

Police powers for contracted-out staff

39

• (1) This section applies if a local policing body has entered into a contract with a person (“the contractor”) for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.

• (2) The chief officer of police of the police force maintained by that local policing body may designate any person who is an employee of the contractor as either or both of the following—

• (a) a detention officer; or

• (b) an escort officer.

• (3) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.

• (4) A chief officer of police shall not designate a person under this section unless he is satisfied that that person—

• (a) is a suitable person to carry out the functions for the purposes of which he is designated;

• (b) is capable of effectively carrying out those functions; and

• (c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation.

• (5) A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.

• (6) Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—

• (a) in the case of a person designated as a detention officer, Part 3; and

• (b) in the case of a person designated as an escort officer, Part 4.

• (7) An employee of the contractor authorised or required to do anything by virtue of a designation under this section—

• (a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

• (b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.

• (8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.

• (13) A designation under this section shall cease to have effect—

• (a) if the designated person ceases to be an employee of the contractor; or

• (b) if the contract between the local policing body and the contractor is terminated or expires.

Community safety accreditation schemes

40

• (1) The chief officer of police of any police force may, if he considers that it is appropriate to do so for the purposes specified in subsection (3), establish and maintain a scheme (“a community safety accreditation scheme”).

• (2) A community safety accreditation scheme is a scheme for the exercise in the chief officer’s police area by persons accredited by him under section 41 of the powers conferred by their accreditations under that section.

• (3) Those purposes are—

• (a) contributing to community safety and security; and

• (b) in co-operation with the police force for the area, combatting crime and disorder, public nuisance and other forms of anti-social behaviour.

• (4) Before establishing a community safety accreditation scheme for his police area, a chief officer of any police force (other than the Commissioner of Police of the Metropolis) must consult with—

• (a) the local policing body maintaining that force, and

• (b) every local authority any part of whose area lies within the police area.

• (5) Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—

• (a) the Mayor's Office for Policing and Crime;

• (b) the Mayor of London; and

• (c) every local authority any part of whose area lies within the metropolitan police district.

• (6) In subsections (4)(b) and (5)(c) “local authority” means—

• (a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and

• (b) in relation to Wales, a county council or a county borough council.

• (7) Every police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 which is issued after the commencement of this section, ... must set out—

• (a) whether a community safety accreditation scheme is maintained for the police area in question;

• (b) if not, whether there is any proposal to establish such a scheme for that area during the period to which the plan relates;

• (c) particulars of any such proposal or of any proposal to modify during that period any community safety accreditation scheme that is already maintained for that area;

• (d) the extent (if any) of any arrangements for provisions specified in Schedule 4 to be applied to designated persons employed by the local policing body; and

• (e) the respects in which any community safety accreditation scheme that is maintained or proposed will be supplementing those arrangements during the period to which the plan relates.

• (8) A community safety accreditation scheme must contain provision for the making of arrangements with employers who—

• (a) are carrying on business in the police area in question, or

• (b) are carrying on business in relation to the whole or any part of that area or in relation to places situated within it,

for those employers to supervise the carrying out by their employees of the community safety functions for the purposes of which powers are conferred on those employees by means of accreditations under section 41.

• (9) It shall be the duty of a chief officer of police who establishes and maintains a community safety accreditation scheme to ensure that the employers of the persons on whom powers are conferred by the grant of accreditations under section 41 have established and maintain satisfactory arrangements for handling complaints relating to the carrying out by those persons of the functions for the purposes of which the powers are conferred.

Accreditation under community safety accreditation schemes

41

• (1) This section applies where a chief officer of police has, for the purposes of a community safety accreditation scheme, entered into any arrangements with any employer for or with respect to the carrying out of community safety functions by employees of that employer.

• (2) The chief officer of police may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to any employee of the employer.

• (3) Schedule 5 (which sets out the powers that may be conferred on accredited persons) shall have effect.

• (4) A chief officer of police shall not grant accreditation to a person under this section unless he is satisfied—

• (a) that that person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;

• (b) that the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;

• (c) that that person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and

• (d) that that person has received adequate training for the exercise of those powers.

• (4A) A chief officer of police may not grant accreditation under this section to a weights and measures inspector.

• (5) A chief officer of police may charge such fee as he considers appropriate for one or both of the following—

• (a) considering an application for or for the renewal of an accreditation under this section;

• (b) granting such an accreditation.

• (6) A person authorised or required to do anything by virtue of an accreditation under this section—

• (a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his employment by the employer with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); and

• (b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.

• (7) An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation; but it may be renewed at any time with effect from the time when it would otherwise expire.

• (8) An accreditation under this section shall cease to have effect—

• (a) if the accredited person ceases to be an employee of the person with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); or

• (b) if those arrangements are terminated or expire.

Supplementary provisions relating to designations and accreditations

42

• (A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (B1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (C1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1) A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 , 38B or 39 or his accreditation under section 41 or 41A, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A power exercisable by any person in reliance on his designation by a chief officer of police under section 38 or 39 or his accreditation under section 41 shall , subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—

• (a) determined or approved for the purposes of this Chapter by the chief officer of police who granted the designation or accreditation; and

• (b) identified or described in the designation or accreditation;

and, in the case of an accredited person, such a power shall be exercisable only if he is also wearing such badge as may be specified for the purposes of this subsection by the Secretary of State, and is wearing it in such manner, or in such place, as may be so specified.

• (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 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 same meanings as in section 38B.

• (2A) A police officer of or above the rank of inspector may direct a particular policing support officer or policing support volunteer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) or (2ZA) shall not apply in relation to that policing support officer or policing support volunteer for the purposes of that operation.

• (2B) In subsection (2A), “policing support officer” and “policing support volunteer” mean (respectively) a person designated as a policing support officer or (as the case may be) a policing support volunteer under section 38 (in relation to subsection (2)) or section 38B (in relation to subsection (2ZA)) by the chief officer of police of the same force as the officer giving the direction.

• (3) A chief officer of police who has granted a designation or accreditation to any person under section 38 , 38B, 39 or 41 or an accreditation to any weights and measures inspector under section 41A may at any time, by notice to the designated or accredited person or the accredited inspector, modify or withdraw that designation or accreditation.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where any person’s designation under section 39 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.

• (6) Where any person’s accreditation under section 41 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.

• (6A) Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed.

• (7) For the purposes of determining liability for the unlawful conduct of employees of a chief officer of police or local policing body, conduct by such an employee in reliance or purported reliance on a designation under section 38 shall be taken to be conduct in the course of his employment by the chief officer of police or local policing body; and, in the case of a tort, that chief officer or body shall fall to be treated as a joint tortfeasor accordingly.

• (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 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.

• (7B) For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under that section is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.

• (7C) For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under section 38B is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation under section 38 is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section 39), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.

• (10) For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 41 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.

• (11) For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly.

Railway safety accreditation scheme

43

• (1) The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police Force to establish and maintain a scheme (“a railway safety accreditation scheme”).

• (2) A railway safety accreditation scheme is a scheme for the exercise, within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.

• (3) The regulations may make provision—

• (a) as to the purposes for which a railway safety accreditation scheme may be established;

• (b) as to the procedure to be followed in the establishment of such a scheme; and

• (c) as to matters for which such a scheme must contain provision.

• (4) The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.

• (5) The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.

• (6) Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.

• (7) The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable ... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—

• (a) an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);

• (b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).

• (8) In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.

• (9) Before making regulations under this section the Secretary of State shall consult with—

• (a) the National Police Chiefs' Council;

• (b) the chief constable of the British Transport Police Force;

• (c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

• (ca) the Mayor's Office for Policing and Crime;

• (cb) the Common Council of the City of London; and

• (d) the British Transport Police Authority ;

• (e) persons whom he considers to represent the interests of local authorities;

• (f) the Mayor of London; and

• (g) such other persons as he thinks fit.

• (10) In this section—

• “local authorities” means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal of restriction on powers conferred on traffic wardens

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice relating to chief officers' powers under Chapter 1

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences against designated and accredited persons etc.

46

• (1) Any person who assaults—

• (a) a designated person in the execution of his duty,

• (b) an accredited person in the execution of his duty,

• (ba) an accredited inspector in the execution of his duty, or

• (c) a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

• (2) Any person who resists or wilfully obstructs—

• (a) a designated person in the execution of his duty,

• (b) an accredited person in the execution of his duty,

• (ba) an accredited inspector in the execution of his duty, or

• (c) a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.

• (3) Any person who, with intent to deceive—

• (a) impersonates a designated person , an accredited person or an accredited inspector ,

• (b) makes any statement or does any act calculated falsely to suggest that he is a designated person , that he is an accredited person or that he is an accredited inspector , or

• (c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person or as an accredited inspector that exceed the powers he actually has,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

• (4) In this section references to the execution by a designated person , accredited person or accredited inspector of his duty are references to his exercising any power or performing any duty which is his by virtue of his designation or accreditation.

• (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 is for the time being in force.

Interpretation of Chapter 1

47

• (1) In this Chapter—

• “accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force;

• “accredited person” means a person in relation to whom an accreditation under section 41 is for the time being in force;

• “community safety functions” means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in Schedule 5;

• “conduct” includes omissions and statements;

• “designated person” means a person in relation to whom a designation under section 38 or 39 is for the time being in force;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

• (2) In this Chapter—

• (a) references to carrying on business include references to carrying out functions under any enactment; and

• (b) references to the employees of a person carrying on business include references to persons holding office under a person, and references to employers shall be construed accordingly.

Chapter 2 — Provisions modifying and supplementing police powers

Powers of arrest

Offences for which a person may be arrested without a warrant

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of arrest in relation to failure to stop a vehicle

49

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 17(1)(c) of the 1984 Act (power of entry to effect arrest for certain offences), after sub-paragraph (iii) there shall be inserted—

(iiia) section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform);

.

• (3) This section has no effect in relation to offences committed before its commencement.

Power to require name and address

Persons acting in an anti-social manner

50

• (1) If a constable in uniform has reason to believe that a person has engaged, or is engaging, in anti-social behaviour ..., he may require that person to give his name and address to the constable.

• (1A) In subsection (1) “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).

• (2) Any person who—

• (a) fails to give his name and address when required to do so under subsection (1), or

• (b) gives a false or inaccurate name or address in response to a requirement under that subsection,

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Persons in police detention

Independent custody visitors for places of detention

51

• (1) Every local policing body shall—

• (a) make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and

• (b) keep those arrangements under review and from time to time revise them as they think fit.

• (1A) Every local policing body must ensure—