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Police Reform Act 2002

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This is the original version (as it was originally enacted).

42Supplementary provisions relating to designations and accreditations

This section has no associated Explanatory Notes

(1)A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 or 39 or his accreditation under section 41, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so.

(2)A power exercisable by any person in reliance on his designation by a chief officer of police under section 38 or 39 or his accreditation under section 41 shall be exercisable only by a person wearing such uniform as may be—

(a)determined or approved for the purposes of this Chapter by the chief officer of police who granted the designation or accreditation; and

(b)identified or described in the designation or accreditation;

and, in the case of an accredited person, such a power shall be exercisable only if he is also wearing such badge as may be specified for the purposes of this subsection by the Secretary of State, and is wearing it in such manner, or in such place, as may be so specified.

(3)A chief officer of police who has granted a designation or accreditation to any person under section 38, 39 or 41 may at any time, by notice to the designated or accredited person, modify or withdraw that designation or accreditation.

(4)A Director General may at any time, by notice to a person he has designated as an investigating officer under section 38, modify or withdraw that designation.

(5)Where any person’s designation under section 39 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.

(6)Where any person’s accreditation under section 41 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.

(7)For the purposes of determining liability for the unlawful conduct of employees of a police authority, conduct by such an employee in reliance or purported reliance on a designation under section 38 shall be taken to be conduct in the course of his employment by the police authority; and, in the case of a tort, that authority shall fall to be treated as a joint tortfeasor accordingly.

(8)For the purposes of determining liability for the unlawful conduct of employees of a Service Authority, conduct by such an employee in reliance or purported reliance on a designation under section 38 shall be taken to be conduct in the course of his employment; and, in the case of a tort, the Service Authority shall fall to be treated as a joint tortfeasor accordingly.

(9)For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section 39), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.

(10)For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 41 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.

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