Police Reform Act 2002

• (a) that the arrangements made by it require independent custody visitors to prepare and submit to it a report of any visit made under the arrangements to a suspected terrorist detainee, and

• (b) that a copy of any report submitted under paragraph (a) is given to the person appointed under section 36(1) of the Terrorism Act 2006 (independent reviewer of terrorism legislation).

• (2) The arrangements must secure that the persons appointed under the arrangements are independent of both—

• (a) the local policing body; and

• (b) the chief officer of police of the police force maintained by that body.

• (3) The arrangements may confer on independent custody visitors such powers as the local policing body considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—

• (a) to require access to be given to each police station;

• (b) to examine records relating to the detention of persons there;

• (ba) in relation to suspected terrorist detainees, to listen to the audio recordings and view the video recordings (with or without sound) of interviews with those detainees which have taken place during their detention there and which were conducted by a constable;

• (c) to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and

• (d) to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.

• (3A) The arrangements may include provision for access to the whole or part of an audio or video recording of an interview of the kind mentioned in subsection (3)(ba) to be denied to independent custody visitors if—

• (a) it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;

• (b) the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and

• (c) the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.

• (3B) Grounds are not to be specified in any arrangements for the purposes of subsection (3A)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).

• (4) The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—

• (a) it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;

• (b) the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and

• (c) the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.

• (5) Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).

• (6) The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by local policing bodies and independent custody visitors of their functions under the arrangements.

• (7) Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—

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

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

• (ab) the Common Council of the City of London;

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

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

• (8) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

• (9) Local policing bodies and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.

• (10) In this section—

• “detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the local policing body;

• “suspected terrorist detainee” means a detainee detained under section 41 of the Terrorism Act 2000.

Detention reviews for detained persons who are asleep

52

• (1) In section 40 of the 1984 Act (review of police detention), in subsection (8) for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (8A) ”.

• (2) After that subsection there shall be inserted—

(8A) The modifications are— (a) the substitution of references to the person whose detention is under review for references to the person arrested; (b) the substitution of references to the review officer for references to the custody officer; and (c) in subsection (6), the insertion of the following paragraph after paragraph (a)— (“) asleep;”

• (3) In subsection (10) of that section—

• (a) for “(6)” there shall be substituted “ (6B) ”; and

• (b) for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (10A) ”.

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

(10A) The modifications are— (a) the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and (b) in subsection (5), the insertion of the following paragraph after paragraph (a)— (“) asleep;”

Persons suspected of offences connected with transport systems

53

• (1) In section 34(6) of the 1984 Act (persons treated as arrested for an offence), after “1988” there shall be inserted “ or section 30(2) of the Transport and Works Act 1992 (c. 42) ”.

• (2) In section 62(11) of that Act (provisions of the Road Traffic Act 1988 (c. 52) relating to the taking of specimens not to be affected by provisions of that section)—

• (a) for “affects” there shall be substituted “ applies to the taking of a specimen for the purposes of any of the provisions of ”; and

• (b) after “Road Traffic Act 1988” there shall be inserted “ or of sections 26 to 38 of the Transport and Works Act 1992 ”.

Blood specimens

Persons authorised to take intimate samples from persons in police detention

54

• (1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—

(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist. (9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by— (a) a registered medical practitioner; or (b) a registered health care professional.

• (2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of “registered dentist” there shall be inserted—

“registered health care professional” means a person (other than a medical practitioner) who is— (a) a registered nurse; or (b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;

.

• (3) After that subsection, there shall be inserted—

(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Extension of role of health care professionals

55

• (1) In subsection (4) of section 7 of the Road Traffic Act 1988 (constable to decide if specimen is of blood or urine) for the words from “shall be decided” onwards there shall be substituted “ and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement ”.

• (2) After that subsection there shall be inserted—

(4A) Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if— (a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or (b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner; and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.

• (3) In subsection (2) of section 11 of that Act (interpretation of sections 3A to 10 of that Act), after the definition of “prescribed limit” there shall be inserted—

“registered health care professional” means a person (other than a medical practitioner) who is— (a) a registered nurse; or (b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

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

(2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) For subsection (4) of that section there shall be substituted—

(4) A person provides a specimen of blood if and only if— (a) he consents to the taking of such a specimen from him; and (b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.

Specimens taken from persons incapable of consenting

56

• (1) After section 7 of the Road Traffic Act 1988 (c. 52) there shall be inserted—

(7A) (1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if— (a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test; (b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; (c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and (d) it appears to that constable that that person’s incapacity is attributable to medical reasons. (2) A request under this section— (a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and (b) shall not be made to a medical practitioner other than a police medical practitioner unless— (i) it is not reasonably practicable for the request to made to a police medical practitioner; or (ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen. (3) It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit— (a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and (b) to provide the sample to a constable. (4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken— (a) has been informed that it was taken; and (b) has been required by a constable to give his permission for a laboratory test of the specimen; and (c) has given his permission. (5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution. (6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence. (7) In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.

• (2) In section 9 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—

(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case— (a) has been notified of the proposal to take the specimen or to make the requirement; and (b) has not objected on the ground specified in subsection (2). (2) The ground on which the medical practitioner may object is— (a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and (b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.

• (3) In section 34(3) of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for certain offences where offender has previous conviction)—

• (a) the word “and” at the end of paragraph (b) shall be omitted; and

• (b) after paragraph (c) there shall be inserted—

(d) section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;

.

• (4) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which sections 1, 11 and 12(1) of that Act apply), in the Table, after the entry beginning “RTA section 7” there shall be inserted—

RTA section 7A	Failing to allow specimen of blood to be subjected to laboratory test	Sections 11 and 12(1).

• (5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 7” there shall be inserted—

RTA section 7A	Failing to allow specimen to be subjected to laboratory test	Summarily	(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.(b) In any other case, 3 months or level 4 on the standard scale or both	(a) Obligatory in the case mentioned in column 4(a)(b) Discretionary in any other case	Obligatory	3-11, in case ment-ioned in column 4(a)10, in any other case.

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

Use of specimens taken from persons incapable of consenting

57

• (1) In subsection (2) of section 15 of the Road Traffic Offenders Act 1988 (c. 53) (evidence of blood alcohol level)—

• (a) after “provided by” there shall be inserted “ or taken from ”; and

• (b) after the word “provided”, in the second place where it occurs, there shall be inserted “ or taken ”.

• (2) In subsection (3)(a) of that section (rebutting the assumption in subsection (2)), after “provided the specimen” there shall be inserted “ or had it taken from him ”.

• (3) In subsection (4) of that section (circumstances in which a specimen of blood is to be disregarded), for the words from “unless” to the end there shall be substituted

unless— (a) it was taken from the accused with his consent and either— (i) in a police station by a medical practitioner or a registered health care professional; or (ii) elsewhere by a medical practitioner; or (b) it was taken from the accused by a medical practitioner under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.

• (4) After subsection (5) of that section, there shall be inserted—

(5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless— (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and (b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.

• (5) In subsection (1) of section 16 of that Act (documentary evidence as to specimens), after “15(5)” there shall be inserted “ and (5A) ”.

• (6) In subsection (2) of that section (documentary evidence as to consent), after the words “medical practitioner”, in both places where they occur, there shall be inserted “ or a registered health care professional ”.

Equivalent provision for offences connected with transport systems

58

• (1) In subsection (6) of section 31 of the Transport and Works Act 1992 (c. 42) (constable to decide if specimen is of blood or urine), for the words from “shall be decided” onwards there shall be substituted “ and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (6A)) by the constable making the requirement ”.

• (2) After that subsection there shall be inserted—

(6A) Where a constable decides for the purposes of subsection (6) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if— (a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or (b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner, and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.

• (3) After subsection (9) of that section there shall be inserted—

(9A) In this section “health care professional” means a person (other than a medical practitioner) who is— (a) a registered nurse; or (b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State. (9B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (9C) An order under subsection (9A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) After section 31 of that Act there shall be inserted—

(31A) (1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if— (a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test; (b) it appears to that constable that that person has been involved in— (i) an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or (ii) a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances; (c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and (d) it appears to that constable that that person’s incapacity is attributable to medical reasons. (2) A request under this section— (a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and (b) shall not be made to a medical practitioner other than a police medical practitioner unless— (i) it is not reasonably practicable for the request to made to a police medical practitioner; or (ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen. (3) It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit— (a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and (b) to provide the sample to a constable. (4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken— (a) has been informed that it was taken; and (b) has been required by a constable to give his permission for a laboratory test of the specimen; and (c) has given his permission. (5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission, may render him liable to prosecution. (6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence. (7) In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.

• (5) In section 33 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—

(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 31A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case— (a) has been notified of the proposal to take the specimen or to make the requirement; and (b) has not objected on the ground specified in subsection (2). (2) The ground on which the medical practitioner may object is— (a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 31(9) of this Act would be prejudicial to the proper care and treatment of the patient; and (b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 31A(5) of this Act would be so prejudicial.

• (6) In subsection (1)(a) of section 34 of that Act (evidence of blood alcohol level) after “provided by” there shall be inserted “ or taken from ”.

• (7) In subsection (2)(a) of that section (rebutting the assumption in subsection (1)(b)), after “provided the specimen” there shall be inserted “ or had it taken from him ”.

• (8) After subsection (3) of that section there shall be substituted—

(3A) Where a specimen of blood was taken from the accused under section 31A, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution in the proceedings unless— (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and (b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.

• (9) In section 35(3) of that Act (documentary evidence as to consent) after the words “practitioner”, in both places where it occurs, there shall be inserted “ or a registered health care professional ”.

• (10) After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted—

(2A) In this Chapter “registered health care professional” means a person (other than a medical practitioner) who is— (a) a registered nurse; or (b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State. (2B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (2C) An order under subsection (2A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (11) For subsection (5) of that section there shall be substituted—

(5) For the purposes of this Chapter, a person provides a specimen of blood if and only if— (a) he consents to the taking of such a specimen from him; and (b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.

Seizure of motor vehicles

Vehicles used in manner causing alarm, distress or annoyance

59

• (1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—

• (a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and

• (b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,

he shall have the powers set out in subsection (3).

• (2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

• (3) Those powers are—

• (a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;

• (b) power to seize and remove the motor vehicle;

• (c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;

• (d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).

• (4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—

• (a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and

• (b) it appears to him that the use has continued or been repeated after the warning.

• (5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—

• (a) the circumstances make it impracticable for him to give the warning;

• (b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;

• (c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or

• (d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

• (6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (7) Subsection (3)(c) does not authorise entry into a private dwelling house.

• (8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

• (9) In this section—

• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);

• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and

• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Retention etc. of vehicles seized under section 59

60

• (1) The Secretary of State may by regulations make provision as to—

• (a) the removal and retention of motor vehicles seized under section 59; and

• (b) the release or disposal of such motor vehicles.

• (2) Regulations under subsection (1) may, in particular, make provision—

• (a) for the giving of notice of the seizure of a motor vehicle under section 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;

• (b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;

• (c) for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

• (d) as to the circumstances in which a motor vehicle seized under section 59 may be disposed of;

• (e) as to the destination—

• (i) of any fees or charges payable in accordance with the regulations; and

• (ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;

• (f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.

• (3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—

• (a) the use by reference to which the motor vehicle in question was seized was not a use by him; and

• (b) he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.

• (4) In this section—

• “local authority”—in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London; andin relation to Wales, means the council of a county or county borough;

• “motor vehicle” has the same meaning as in section 59.

Anti-social behaviour

Anti-social behaviour orders

61

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Power of Secretary of State to add to relevant authorities

62

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

Orders in county court proceedings

63

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

Orders on conviction in criminal proceedings

64

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Interim orders

65

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Consultation requirements

66

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Sex offenders

Sex offenders: England and Wales

67

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Interim orders for sex offenders: England and Wales

68

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Sex offender orders made in Scotland or Northern Ireland

69

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

Sex offenders: Scotland

70

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

Sex offender orders made in England and Wales or Northern Ireland

71

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Sex offenders: Northern Ireland

72

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

Interim orders for sex offenders: Northern Ireland

73

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Sex offender orders made in England and Wales or Scotland

74

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The British Transport Police

Removal of truants to designated places

75

• (1) In section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated place), after subsection (3) there shall be inserted—

(3A) The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to— (a) any area in or in the vicinity of any policed premises; or (b) the whole or any part of any such premises; and references in subsection (3) to the specified area shall have effect accordingly.

• (2) In subsection (5) of that section (interpretation)—

• (a) before the definition of “local authority” there shall be inserted—

“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

and

• (b) after the definition of “local authority” there shall be inserted—

“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;

.

Amendments to Part 3 of the Road Traffic Offenders Act 1988

76

• (1) Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 75(1) (conditional offers in England and Wales), at the end there shall be inserted “or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.”

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

• (5) In section 87 (guidance from the Secretary of State), after “areas” there shall be inserted “ and to the chief constable of the British Transport Police ”.

• (6) In section 89 (interpretation of Part 3), after the definition of “authorised person” there shall be inserted—

“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);

.

Property in possession of NCS

Application of the Police (Property) Act 1897 to NCS

77

• (1) After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—

(2A) (1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police. (2) In relation to property that has come into the possession of the National Crime Squad— (a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and (b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad. (3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if— (a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and (b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.

• (2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—

(2B) The relevant authority for the purposes of subsection (2A) is the police authority.

Part 5 — The Ministry of Defence Police

Ministry of Defence police serving with other forces

78

After section 2A of the Ministry of Defence Police Act 1987 (c. 4) (provision of assistance to other forces) there shall be inserted—

(2B) (1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police. (2) The member of the Ministry of Defence Police— (a) shall be under the direction and control of the chief officer of the relevant force; and (b) shall have the same powers and privileges as a member of that force. (3) In this section— - “British Transport Police Force” has the same meaning as in section 2 above; - “chief officer” means— 1. any chief officer of police of a police force for a police area in Great Britain; 2. the chief constable of the Police Service of Northern Ireland; 3. the Director General of the National Criminal Intelligence Service; 4. the Director General of the National Crime Squad; 5. the chief constable of the British Transport Police Force; or 6. the chief constable of the United Kingdom Atomic Energy Authority Constabulary; - “relevant force” means— 1. any police force for a police area in Great Britain; 2. the Police Service of Northern Ireland; 3. the National Criminal Intelligence Service; 4. the National Crime Squad; 5. the British Transport Police Force; or 6. the United Kingdom Atomic Energy Authority Constabulary; - “United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.

Disciplinary matters

79

• (1) After section 3 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—

(3A) (1) The Secretary of State shall by regulations made by statutory instrument establish, or make provision for the establishment of, procedures for cases in which a member of the Ministry of Defence Police may be dealt with by suspension, dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution. (2) The regulations may provide— (a) for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead— (i) by a person or persons appointed in accordance with the regulations; or (ii) by the Ministry of Defence Police Committee; and (b) for decisions taken by or on behalf of the Secretary of State or the chief constable of the Ministry of Defence Police to be reviewed by a person or persons appointed by or in accordance with the regulations. (3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may— (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations. (4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) After section 4 of that Act there shall be inserted—

(4A) (1) Subject to subsection (2) below, a member of the Ministry of Defence Police who is dismissed, required to resign or reduced in rank by a decision taken— (a) in proceedings under regulations made in accordance with section 3A above, or (b) in proceedings for the purposes of any procedures established in accordance with an agreement or order under section 60 of the Police (Northern Ireland) Act 1998 (c. 32), may appeal to an appeals tribunal. (2) Subsection (1) above does not apply in the case of a person who has a right to apply to some other person for a review of the decision; and in that case that person may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank. (3) The Secretary of State may by regulations made by statutory instrument— (a) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77); (b) make provision as to procedure on appeals to appeals tribunals under this section; and (c) make provision enabling an appeals tribunal to require any person to attend a hearing and to give evidence or produce documents. (4) Regulations made by virtue of subsection (3)(c) above may, in particular, apply subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) or subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) with such modifications as may be set out in the regulations. (5) Where an appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way which— (a) appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and (b) is a way in which he could have been dealt with by the person who made the decision. (6) Any statutory instrument containing regulations under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “an appeals tribunal” means a tribunal constituted in accordance with regulations under subsection (3) above.

• (3) In section 1 of that Act (establishment of Ministry of Defence Police), for subsection (5) there shall be substituted—

(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee— (a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and (b) to exercise such other functions as may be conferred on it by or under this Act; and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.

• (4) After section 6 of that Act there shall be inserted—

(6A) Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.

Functions of inspectors of constabulary

80

Before section 5 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—

(4B) (1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police. (2) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection. (3) A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police. (4) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct. (5) Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection. (6) In this section— - “the inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16); - “the Scottish inspectors” means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77). (4C) (1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate. (2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part— (a) would be against the interests of national security; or (b) might jeopardise the safety of any person. (3) The Secretary of State shall— (a) send a copy of the published report to the chief constable of the Ministry of Defence Police; and (b) invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify. (4) The Secretary of State shall arrange for— (a) any comments submitted by the chief constable in accordance with subsection (3) above, and (b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable, to be published in such manner as he considers appropriate.

Exemptions from firearms legislation

81

• (1) After section 16A of the Firearms (Amendment) Act 1988 (c. 45) there shall be inserted—

(16B) (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment. (2) In this section “relevant premises” means premises used for any purpose of the Ministry of Defence Police.

• (2) After Article 12A of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) there is inserted—

(12B) (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 6, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment. (2) In this Article “relevant premises” means premises used for any purpose of the Ministry of Defence Police.

Part 6 — Miscellaneous

Appointment and attestation of police officers etc.

Nationality requirements applicable to police officers etc.

82

• (1) Irrespective of his place of birth, a person of any nationality may be—

• (a) a member of a police force maintained for any police area in England and Wales ...;

• (aa) a constable of the Police Service of Scotland;

• (b) a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a member of the British Transport Police Force;

• (e) a member of the Civil Nuclear Constabulary; or

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) a special constable;

and, accordingly, irrespective of his place of birth such a person may be attested or appointed, and hold office, as a constable.

• (2) Subsection (1) is subject to any provision falling within subsection which relates to qualification for appointment as a constable or as a special constable or for membership of, or for particular ranks, offices or positions with—

• (a) any force or constabulary; ...

• (aa) the Police Service of Scotland; or

• (b) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Provision falls within this subsection if it is—

• (a) provision made by regulations made under section 50 or 51 of the 1996 Act (regulations for police constables and for special constables);

• (b) provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police);

• (c) provision made under section 25 or 26 of the Police (Northern Ireland) Act 1998 (c. 32) (regulations for police constables and for the constables in the Police Service of Northern Ireland Reserve); and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, or the Civil Nuclear Constabulary, or to particular ranks or positions with that Force or Constabulary.

• (4) Without prejudice to the generality of any power conferred apart from this section, the provision falling within subsection (3) that may be made by any such regulations, terms and conditions or arrangements as are mentioned in that subsection may include provision imposing any of the following requirements—

• (a) requirements with respect to the competence in written and spoken English of candidates for appointment;

• (b) requirements with respect to the immigration status of such candidates;

• (c) requirements with respect to nationality in the case of particular ranks, offices or positions;

and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force or Service , is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).

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

Attestation of constables

83

For Schedule 4 to the 1996 Act there shall be substituted—

SCHEDULE 4 ’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’

Delegation of functions in relation to senior appointments

84

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

Director General of NCIS

85

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

Police members of NCIS

86

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

Police members of NCS

87

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

Regulations for NCIS

88

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

Regulations for NCS

89

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

Supplementary provisions about police membership of NCIS

90

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

Supplementary provisions about police membership of NCS

91

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

Bodies with functions in relation to the police

Police authorities to produce three-year strategy plans

92

• (1) After section 6 of the 1996 Act there shall be inserted—

(6A) (1) Every police authority maintaining a police force for a police area in England and Wales shall, before the beginning of every relevant three-year period, issue a plan (“a three-year strategy plan”) which sets out the authority’s medium and long term strategies for the policing of that area during that period. (2) Before a three-year strategy plan for any period is issued by a police authority, a draft of a plan setting out medium and long term strategies for the policing of the authority’s area during that period must have been— (a) prepared by the chief officer of police of the police force maintained by that authority; and (b) submitted by him to the police authority for its consideration. (3) In preparing the draft plan, the chief officer of police of a police force shall have regard to the views, obtained in accordance with arrangements under section 96, of people in the police area in question. (4) A police authority which has issued a three-year strategy plan for any period may modify that plan at any time during that period. (5) It shall be the duty, in issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, of every police authority or chief officer of police to have regard to the National Policing Plan in force at that time. (6) The Secretary of State — (a) shall issue guidance to police authorities and chief officers of police as to the matters to be contained in any three-year strategy plan, and as to the form to be taken by any such plan; and (b) may from time to time revise and modify that guidance; and it shall be the duty of every police authority and chief officer of police to take account of any guidance under this subsection when issuing, preparing or modifying any such plan or any draft plan prepared for the purposes of subsection (2). (7) Before issuing or revising any guidance under subsection (6) 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. (8) A police authority which is proposing to issue or modify any plan under this section shall submit that plan, or the modifications, to the Secretary of State. (9) Where a police authority issues a three-year strategy plan or modifies such a plan, it shall— (a) send a copy of the plan or the modified plan to the Secretary of State; and (b) cause the plan or modified plan to be published; and the copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them. (10) If the Secretary of State considers that there are grounds for thinking that— (a) a police authority’s three-year strategy plan, or (b) any proposals by a police authority for such a plan, or for the modification of such a plan, may not be consistent with any National Policing Plan applicable to a financial year wholly or partly comprised in the period to which the strategy plan applies, he shall, before informing the police authority of his conclusions on whether or not it is in fact so inconsistent, consult with the persons mentioned in subsection (11). (11) Those persons are— (a) the police authority in question; (b) the chief officer of police of the police force maintained by that authority; (c) persons whom the Secretary of State considers to represent the interests of police authorities; and (d) persons whom the Secretary of State considers to represent the interests of chief officers of police. (12) Before a police authority— (a) issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the chief officer of police of the force maintained by that authority, or (b) modifies its three-year strategy plan, it shall consult with that chief officer. (13) Any best value performance plan prepared by a police authority under section 6 of the Local Government Act 1999 (c. 27) for any financial year must be consistent with any three-year strategy plan which sets out the authority’s current strategies for policing its area during any period which includes the whole or any part of that financial year. (14) The Secretary of State may by regulations make provision for— (a) the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section; and (b) the periods which are to constitute relevant three-year periods for the purposes of this section; and those regulations may provide for a period of less than three years to be the first period treated as a relevant three-year period for the purposes of this section. (15) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In section 8 of that Act (local policing plans), after subsection (2) there shall be inserted—

(2A) The local policing plan for any financial year must be consistent with any three-year strategy plan under section 6A which sets out the authority’s current strategies for the policing of its area during any period which includes the whole or any part of that financial year.

• (3) In section 9(2) of that Act (annual report by police authorities to include assessment of extent to which local policing plan carried out), for the words from “the local policing plan” onwards there shall be substituted

, during that year proposals have been implemented, and things have been done, in accordance with the following plans— (a) the three-year strategy plan issued under section 6A for the period that includes that year; and (b) the local policing plan issued for that year under section 8.

Quorum for the Service Authorities under the 1997 Act

93

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

Expenses of members of police authorities etc.

94

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

Duties under the Health and Safety at Work etc. Act 1974

95

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

President of ACPO

96

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

Crime and disorder reduction partnerships

97

• (1) The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.

• (2) In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—

(c) every police authority any part of whose police area so lies; (d) every fire authority any part of whose area so lies; (e) if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and (f) if the local government area is in Wales, every health authority the whole or any part of whose area so lies.

• (3) After subsection (1) of that section there shall be inserted—

(1A) The Secretary of State may by order provide in relation to any two or more local government areas in England— (a) that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and (b) that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area. (1B) The Secretary of State shall not make an order under subsection (1A) above unless— (a) an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and (b) he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.

• (4) In subsection (2) of that section (consultation)—

• (a) for paragraphs (a) and (b) there shall be substituted—

(b) every local probation board any part of whose area lies within the area;

• (b) at the end of paragraph (c) there shall be inserted

; and (d) where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;

.

• (5) In subsection (3) of that section, at the end there shall be inserted “and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.”

• (6) After subsection (4) of that section, there shall be inserted—

(5) In this section— - “fire authority” means— 1. any fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41); 2. any metropolitan county fire and civil defence authority; or 3. the London Fire and Emergency Planning Authority; and - “police authority” means— 1. any police authority established under section 3 of the Police Act 1996 (c. 16); or 2. the Metropolitan Police Authority.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In section 114—

• (a) in subsection (1) (powers of Ministers exercisable by statutory instrument), after “Minister of the Crown” there shall be inserted “ or of the National Assembly for Wales ”; and

• (b) in subsection (2) (orders subject to negative resolution procedure), for “5(2) or (3) or 10(6) above, or” there shall be substituted “ 5(1A), (2) or (3), 6A(1) or 10(6) above (other than one made by the National Assembly for Wales), or containing ”.

• (14) In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—

• (a) in sub-paragraph (i), after “London borough council” there shall be inserted “ , a parish council ”; and

• (b) in sub-paragraph (ii), for “or a county borough council” there shall be substituted “ , a county borough council or a community council ”.

• (15) Section 5(1) (as amended by subsection (2) shall have effect in relation to a local government area in England at any time when that area or a part of it comprises or contains an area that is not included in the area of a Primary Care Trust, as if the reference to a Primary Care Trust the whole or part of whose area lies within the local government area included a reference to any health authority or strategic health authority whose area comprises or includes the area for which there is no Primary Care Trust.

Secretary of State’s functions in relation to strategies

98

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

Power to modify functions and structure of PITO

99

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

Metropolitan Police Authority housing

100

• (1) In section 4(e) of the Housing Act 1985 (c. 68) (which defines local authorities for the purposes of the provisions of that Act, including those relating to secure tenancies), the words “the Metropolitan Police Authority” shall be omitted.

• (2) In paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (c. 50) (local authority tenancies that cannot be assured tenancies), the words “and the Metropolitan Police Authority” shall be omitted.

• (3) Nothing in subsection (1) or in any repeal made by this Act for the purposes of that subsection shall affect—

• (a) the operation of Part 5 of the Housing Act 1985 (c. 68) (the right to buy) in relation to any case in which a person who had acquired a right to buy under that Part before the day on which this Act is passed either—

• (i) had served a notice under section 122 of that Act (tenant’s notice claiming right to buy) on the Metropolitan Police Authority before that day; or

• (ii) serves such a notice on that Authority in the period of three months beginning with that day;

or

• (b) the extent to which, in any other case, any period falling before the day on which this Act is passed falls at any subsequent time to be treated as a period qualifying under any of the provisions of Schedule 4 to that Act.

• (4) A tenancy which becomes an assured tenancy by virtue of this section shall be an assured shorthold tenancy unless (whenever it was entered into) it—

• (a) falls within any of paragraphs 1 to 3 of Schedule 2A to the Housing Act 1988 (c. 50); or

• (b) was an assured tenancy, but not an assured shorthold tenancy, immediately before it became a secure tenancy.

Provision of goods and services by police authorities

101

For section 18 of the 1996 Act (supply of goods and services) there shall be substituted—

(18) (1) Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39) (supply of goods and services by local authorities)— (a) shall apply, with the modification set out in subsection (2), to a police authority established under section 3 of this Act and to the Metropolitan Police Authority as they apply to a local authority; and (b) shall also apply with that modification in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force. (2) The modification is that references in those subsections to a public body shall be read as references to any person.

Liability for unlawful acts of constables etc.

Liability for wrongful acts of constables etc.

102

• (1) Each of the enactments specified in subsection (2) shall be amended as follows—

• (a) for the words “torts committed by”, in each place where they occur, there shall be substituted “ any unlawful conduct of ”; and

• (b) for “in respect of any such tort” there shall be substituted “ , in the case of a tort, ”.

• (2) The enactments are—

• (a) section 88(1) of the 1996 Act (liability of chief officers);

• (b) section 97(9) of that Act (liability of the Secretary of State);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) section 27(8) of the Police (Northern Ireland) Act 1998 (c. 32) (liability of the Secretary of State);

• (f) section 29(1) of that Act (liability of the chief constable of the Police Service of Northern Ireland);

• (g) paragraph 7(3) of Schedule 3 to that Act (liability of the Police Ombudsman); and

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (4) In each of the enactments specified in subsection (5), for “a tort committed by” there shall be substituted “ any unlawful conduct of ”.

• (5) The enactments are—

• (a) section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) section 29(3)(a) of the Police (Northern Ireland) Act 1998 (payments in respect of tort proceedings against police officers in Northern Ireland); and

• (e) paragraph 7(4)(a) of Schedule 3 to that Act (payment in respect of tort proceedings against police officers serving with, or assisting, the Police Ombudsman).

• (6) In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.

• (7) In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—

• (a) for “in reparation in respect of any wrongful act or omission” there shall be substituted “ for any unlawful conduct ”; and

• (b) for “in respect of a wrongful act or omission” there shall be substituted “ for any unlawful conduct ”.

• (8) In section 39(4) of that Act, for “wrongful act or omission” there shall be substituted “ unlawful conduct ”.

International joint investigation teams

Liability in respect of members of teams

103

• (1) In section 88 of the 1996 Act (liability for wrongful acts of constables), after subsection (5) there shall be inserted—