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Part 5U.K.Work

Modifications etc. (not altering text)

C1Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))

C2Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))

C3Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

Chapter 1E+W+SEmployment, etc.

Police officersE+W+S

42Identity of employerE+W+S

(1)For the purposes of this Part, holding the office of constable is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable;

(b)by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable.

(2)For the purposes of this Part, holding an appointment as a police cadet is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a police cadet or appointment as one;

(b)by the responsible authority, in respect of any act done by the authority in relation to a police cadet or appointment as one.

(3)Subsection (1) does not apply to service with the Civil Nuclear Constabulary (as to which, see section 55(2) of the Energy Act 2004).

(4)Subsection (1) does not apply to a constable at [F1NCA] [F2or SPA].

(5)A constable at [F1NCA] or [F3SPA] is to be treated as employed by it, in respect of any act done by it in relation to the constable.

(6)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Word in s. 42(4)(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 181; S.I. 2013/1682, art. 3(v)

43InterpretationE+W+S

(1)This section applies for the purposes of section 42.

(2)“Chief officer” means—

(a)in relation to an appointment under a relevant Act, the chief officer of police for the police force to which the appointment relates;

(b)in relation to any other appointment, the person under whose direction and control the body of constables or other persons to which the appointment relates is;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, that chief officer of police;

(d)in relation to any other constable or any other person, the person under whose direction and control the constable or other person is.

(3)“Responsible authority” means—

(a)in relation to an appointment under a relevant Act, the [F5local policing body or police authority] that maintains the police force to which the appointment relates;

(b)in relation to any other appointment, the person by whom a person would (if appointed) be paid;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, the [F5local policing body or police authority] that maintains the police force for which that chief officer is the chief officer of police;

(d)in relation to any other constable or any other person, the person by whom the constable or other person is paid.

(4)“Police cadet” means a person appointed to undergo training with a view to becoming a constable.

[F6(5) “NCA ” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer. ]

[F7(5A) “ SPA ” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012. ]

(7)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purposes of this section, the relevant Acts are—

(a)the Metropolitan Police Act 1829;

(b)the City of London Police Act 1839;

(c)the [F9Police and Fire Reform (Scotland) Act 2012];

[F10(d)the Police Reform and Social Responsibility Act 2011.]

[F11(9)Subsections (2) and (3) apply in relation to Scotland as follows—

(a)a reference to a police authority includes a reference to the Scottish Police Authority;

(b)a reference to a police force includes a reference to the Police Service of Scotland; and

(c)a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland.]

Textual Amendments

F5Words in s. 43(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 99, Sch. 16 para. 382(a); S.I. 2011/3019, art. 3, {Sch. 1 para. (nnn)(iii)}

F10S. 43(8)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 99, Sch. 16 para. 382(b); S.I. 2011/3019, art. 3, {Sch. 1 para. (nnn)(iii)} (with Sch. 2 para. 80)