Police Reform Act 2002 Explanatory Notes

Police Reform Act 2002

2002 CHAPTER 30

The Act

Commentary on Sections

Part 6: Miscellaneous

Section 95: Duties under the Health and Safety at Work etc. Act 1974

458. This section amends health and safety legislation so that police authorities are deemed to be the employers of police officers for the purposes of that legislation. The legislation previously provided for this role to be undertaken by chief officers of police.

459. Subsections (1) to (3) amend health and safety and related legislation so that police authorities are deemed to be employers for the purposes of health and safety legislation; equivalent changes are made for the National Criminal Intelligence Service, the National Crime Squad, and other bodies of constables.

460. Subsection (4) makes it clear that in relation to contraventions of the Health and Safety at Work etc. Act 1974, it is the police authority who is treated as the employer of officers rather than the chief officer who would otherwise be vicariously liable for unlawful conduct of officers under his direction and control. Subsection (4) also introduces a regulation-making power to enable the position of chief officers in relation to health and safety decisions, and to police premises, to be clarified if this becomes necessary in the light of experience.

461. Subsections (5) and (6) make consequential amendments.

462. Subsection (7) repeals the provision under which police authorities may indemnify chief officers against damages etc. awarded against them as a result of health and safety proceedings brought against them as employers.