Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

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(a) " ;

(b) at the end there shall be inserted " ; or

(b) the sheriff whose sheriffdom includes any part of the area of the applicant's police force. " .

(5) In section 20(5) (prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

(6) In section 21(7) (time limit, variation and revocation of order)--

(a) in paragraph (b), after "revoked" there shall be inserted "(in the case of a sex offender order, by the appropriate court for that order)";

(b) in paragraph (b)(i), after "the order" there shall be inserted "or, in the case of a sex offender order, any other relevant chief constable".

(7) After that subsection there shall be inserted--

" (7A) In subsection (7) above--

"the appropriate court" means--
(a)
the sheriff who made the sex offender order; or
(b)
the sheriff whose sheriffdom includes any part of the area of the applicant's police force or of the police force of any other relevant chief constable;
"relevant chief constable" means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force. "

(8) After subsection (7A) (inserted by subsection (7)) there shall be inserted--

" (7B) Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one. "

(9) Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.

71 Sex offender orders made in England and Wales or Northern Ireland

After section 21 of the Crime and Disorder Act 1998 there shall be inserted--

" 21A Sex offender orders made in England and Wales or Northern Ireland

(1) If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by--

(a) an order under section 2(3) or 2A above; or

(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

he is guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) above shall be liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. "

72 Sex offenders: Northern Ireland

(1) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (sex offender orders) shall be amended as follows.

(2) In paragraph (1) (application for a sex offender order)--

(a) for "in Northern Ireland" there shall be substituted "who he believes is in, or is intending to come to, Northern Ireland";

(b) for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

(3) In paragraph (2) (which identifies the court to which an application must be made), for the words following "1981 to" there shall be substituted "any court of summary jurisdiction".

(4) In paragraph (4) (the prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

(5) In paragraph (7) (discharge of orders), after "parties" there shall be inserted "and subject to paragraph (7A)".

(6) After that paragraph there shall be inserted--

" (7A) Where a court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one. "

(7) Subsection (4) applies in relation to applications and orders under Article 6 of the Criminal Justice (Northern Ireland) Order 1998, whether made before or after the coming into force of this section.

73 Interim orders for sex offenders: Northern Ireland

(1) After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 there shall be inserted--

" 6A Interim orders: sex offenders

(1) This Article applies where an application for a sex offender order ("the main application") to a court of summary jurisdiction has not been determined.

(2) The applicant may apply by way of complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) to the court for an interim order, pending the determination of the main application.

(3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.

(4) An interim order--

(a) shall have effect for the period specified in the order;

(b) shall (if still in force) cease to have effect on the determination of the main application.

(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if--

(a) the defendant were subject to the notification requirements of that Part; and

(b) in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.

(6) The applicant or the defendant may apply for the variation or discharge of the interim order by a further order.

(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.

(8) A person guilty of an offence under paragraph (7) shall be liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9) Where a person is convicted of an offence under paragraph (7), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24)) in respect of the offence. "

(2) In Article 7(7) of that Order (sex offender orders: supplemental)--

(a) after "a sex offender order" there shall be inserted "or an interim order under Article 6A";

(b) after "Article 6(6)" there shall be inserted "or 6A(6)".

74 Sex offender orders made in England and Wales or Scotland

After Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (which is inserted by section 73 above) there shall be inserted--

" 6B Sex offender orders made in England and Wales or Scotland

(1) If without reasonable excuse a person does anything in Northern Ireland which he is prohibited from doing there by an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) he is guilty of an offence.

(2) A person who is guilty of an offence under paragraph (1) shall be liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(3) Where a person is convicted of an offence under paragraph (1), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24)) in respect of the offence. "

The British Transport Police

75 Removal of truants to designated places

(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; " .

76 Amendments to Part 3 of the Road Traffic Offenders Act 1988

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

(2) In section 54(9) (meaning of authorised person for the purposes of fixed penalty provisions), at the end there shall be inserted "or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police."

(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) In section 76(2) (limitation on proceedings), in paragraph (a), for "the chief officer" there shall be substituted "the person by or on whose behalf the conditional offer was sent".

(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

77 Application of the Police (Property) Act 1897 to NCS

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

" 2A Application to NCS

(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

78 Ministry of Defence police serving with other forces

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

" 2B Constables serving with other forces

(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--
(a)
any chief officer of police of a police force for a police area in Great Britain;
(b)
the chief constable of the Police Service of Northern Ireland;
(c)
the Director General of the National Criminal Intelligence Service;
(d)
the Director General of the National Crime Squad;
(e)
the chief constable of the British Transport Police Force; or
(f)
the chief constable of the United Kingdom Atomic Energy Authority Constabulary;
"relevant force" means--
(a)
any police force for a police area in Great Britain;
(b)
the Police Service of Northern Ireland;
(c)
the National Criminal Intelligence Service;
(d)
the National Crime Squad;
(e)
the British Transport Police Force; or
(f)
the United Kingdom Atomic Energy Authority Constabulary;
"United Kingdom Atomic Energy Authority Constabulary" has the same meaning as in section 2 above. "

79 Disciplinary matters

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

" 3A Regulations relating to disciplinary matters

(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 Appeals against dismissal etc.

(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 Powers to make regulations

Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes. "

80 Functions of inspectors of constabulary

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

" 4B Functions of inspectors of constabulary

(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 Publication of reports

(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. "

81 Exemptions from firearms legislation

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

" 16B Possession of firearms on Ministry of Defence Police premises

(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 Possession of firearms on Ministry of Defence Police premises

(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.

82 Nationality requirements applicable to police officers etc.

(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 or Scotland;

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

(c) a member of the National Criminal Intelligence Service or of the National Crime Squad (whether a police member or a member of any description);

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

(e) a member of the United Kingdom Atomic Energy Authority Constabulary;

(f) a member of the Royal Parks Constabulary; or

(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;

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

(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 26 of the Police (Scotland) Act 1967 (c. 77) (regulations about the government and administration of police forces);

(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);

(d) provision made by regulations made under section 34A or 79A of the 1997 Act (regulations for members of NCIS and NCS) or contained in the terms and conditions of appointment of the Directors General and other members of the National Criminal Intelligence Service or of the National Crime Squad; and

(e) provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, the United Kingdom Atomic Energy Authority Constabulary or the Royal Parks 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;

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, Service or Squad, 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) In this section--

"the Royal Parks Constabulary" means the force of constables appointed under the Parks Regulation Act 1872 (c. 15);
"the United Kingdom Atomic Energy Authority Constabulary" means the force of special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority.

83 Attestation of constables

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

" SCHEDULE 4 Form of Declaration

‘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.' "

84 Delegation of functions in relation to senior appointments

In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), after subsection (3) there shall be inserted--

" (3A) The Secretary of State may delegate to the chief inspector of constabulary any or all of the following functions--

(a) his functions by virtue of sections 9F(2), 9FA(2) and 9G(2) with respect to the approval required for the appointment of an Assistant Commissioner of Police of the Metropolis, of a Deputy Assistant Commissioner of Police of the Metropolis or of a Commander in the metropolitan police force;

(b) his functions by virtue of sections 11(1), 11A(2) and 12(2) with respect to the approval required for the appointment of the chief constable of a police force, of the deputy chief constable of a police force or of an assistant chief constable of a police force;

(c) his functions by virtue of section 12A(4) with respect to the consent required for a deputy chief constable to exercise or perform any powers or duties of a chief constable for a continuous period exceeding three months. "

85 Director General of NCIS

(1) Section 6 of the 1997 Act (appointment of Director General) shall be amended as follows.

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