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Health and Safety at Work etc. Act 1974

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Health and Safety at Work etc. Act 1974, Section 51A is up to date with all changes known to be in force on or before 22 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 51A(1) word substituted by 2002 c. 30 s. 95(1)(a) (2) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(2) (2A) substituted for s. 51A(2) by 2002 c. 30 s. 95(1)(a) (3) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(2B)-(2D) inserted by 2002 c. 30 s. 95(4) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(3)(a) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(3)(b) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(3)(c) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
  • s. 51A(4) words substituted by 2002 c. 30 s. 95(6) (This amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1 51A Application of Part to police.E+W

(1)For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

(2) In this section “ the relevant officer ”—

(a)in relation to a member of a police force or a special constable or police cadet appointed for a police area, [F2means—,

(i)the chief officer of police of that force, or

(ii)in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer,]

[F3(b)in relation to a member of a police force seconded to the [F4 National Crime Agency to serve as a National Crime Agency officer ], means that Agency, and]

(c)in relation to any other person holding the office of constable or an appointment as police cadet, [F5means—

(i)the person who has the direction and control of the body of constables or cadets in question, or

(ii)in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer.]

.

[F6(2A)For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall [F7 , if not a corporation sole, ]be treated as a corporation sole.

(2B)Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

(a)that the officer-holder personally consented to the commission of the offence,

(b)that he personally connived in its commission, or

(c)that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a)held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b)was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D)The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E)Those provisions are—

[F8(a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ; ]

(b)section 88(1) of the Police Act 1996;

(c)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

[F10(f)paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;]

[F11(g)paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]

(2F)In the application of this section to Scotland—

(a)subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);

(b)subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and

(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]

(3)For the purposes of regulations under section 2(4) above—

(a)the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,

(b)the Police Federation for Scotland shall be treated as a recognised trade union recognised by [F12the chief constable of the Police Service of Scotland], and

(c)any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.

(4)Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F1S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2

F4Words in s. 51A(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 21(2); S.I. 2013/1682, art. 3(v)

F9S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)

F11S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)

Modifications etc. (not altering text)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C21S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2

C22Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C23Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

[F1 51A Application of Part to police.S

(1)For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

(2) In this section “ the relevant officer ”—

(a)in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,

(b)in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad, and

(c)in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.

[F6(2A)For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

(2B)Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

(a)that the officer-holder personally consented to the commission of the offence,

(b)that he personally connived in its commission, or

(c)that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a)held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b)was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D)The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E)Those provisions are—

(a)section 39 of the Police (Scotland) Act 1967;

(b)section 88(1) of the Police Act 1996;

(c)F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

[F10(f)paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;]

[F11(g)paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]

(2F)In the application of this section to Scotland—

(a)subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);

(b)subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and

(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]

(3)For the purposes of regulations under section 2(4) above—

(a)the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,

(b)the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and

(c)any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.

(4)Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F1S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2

F11S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)

F13S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)

Modifications etc. (not altering text)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C21S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2

C22Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C23Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

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