38BPolice powers for civilian employees under collaboration agreements

1

The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—

a

is a civilian employee of another police force (the “assisting force”),

b

is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and

c

is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.

2

The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of one or more of the descriptions specified in section 38(2).

3

The collaboration designation may designate C as an officer of a particular description specified in section 38(2) only if the section 38 designation designates C as an officer of that description.

4

C shall have the powers and duties conferred or imposed on C by the collaboration designation.

5

A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.

6

C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.

7

The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.

8

Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.

9

C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.

10

References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force have the same meaning as in section 23B of the Police Act 1996.

11

In this section—

• “civilian employee” has the meaning given by section 23I of the Police Act 1996;

• “relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.

38CDesignations under section 38B: supplementary provision

1

The collaboration designation of C must be in accordance with the relevant police collaboration provision.

2

Subsection (1) is in addition to section 38B(5) and (8).

3

Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.

4

In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—

a

as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and

b

accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.

5

Expressions used in this section and section 38B have the same meanings in this section as in section 38B.

5

References in this section to a designated person are to—

a

a designated person within the meaning given by section 47(1), and

b

a person in relation to whom a designation under section 38B is for the time being in force.