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Police Reform Act 2002

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This is the original version (as it was originally enacted).

82Nationality requirements applicable to police officers etc.

This section has no associated Explanatory Notes

(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

(c)the National Criminal Intelligence Service or the National Crime Squad.

(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;

(c)requirements with respect to nationality in the case of particular ranks, offices or positions;

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.

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