Search Legislation

Energy Act 2004

Status:

This is the original version (as it was originally enacted).

Rights etc. of members of the Constabulary

64Civil Nuclear Police Federation

(1)The Secretary of State may approve a body (whether corporate or unincorporate) as the body approved to carry out the functions conferred by this section.

(2)The body approved by the Secretary of State shall be known as the Civil Nuclear Police Federation.

(3)The function of the Civil Nuclear Police Federation shall be to represent members of the Constabulary (other than senior officers) in all matters affecting their welfare and efficiency.

(4)Those matters do not include—

(a)the promotion in rank of particular individuals; or

(b)(except to the extent provided in subsection (5)) discipline matters affecting particular individuals.

(5)The Civil Nuclear Police Federation may represent a member of the Constabulary (other than a senior officer)—

(a)at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or

(b)on an appeal under any such arrangements from a decision in such proceedings.

(6)But representation under subsection (5) must comply with any restrictions imposed by section 66.

(7)Except so far as otherwise authorised by the Secretary of State, the Civil Nuclear Police Federation must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.

(8)But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.

(9)An authorisation for the purposes of subsection (7)—

(a)may be given either conditionally or unconditionally; and

(b)may be varied or revoked at any time.

(10)Only the following have appropriate police connections for the purposes of this section—

(a)persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;

(b)persons not falling within paragraph (a) who are members of or employed by the Police Authority;

(c)a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);

(d)the Police Association for Northern Ireland;

(e)a rank-related association;

(f)a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).

65Rank-related associations

(1)The Secretary of State may approve one or more bodies (whether corporate or unincorporate) as bodies approved to carry out the functions conferred by this section.

(2)A body approved by the Secretary of State under this section shall be known as a rank-related association.

(3)The function of a rank-related association shall be to represent, in all matters affecting their welfare and efficiency, members of the Constabulary who—

(a)are not members of the Civil Nuclear Police Federation or of another rank-related association; and

(b)hold such ranks as may be specified in the approval given for the purposes of this section by the Secretary of State.

(4)Those matters do not include—

(a)the promotion in rank of particular individuals; or

(b)(except to the extent provided in subsection (5)) discipline matters affecting particular individuals.

(5)A rank-related association may represent a member of the association—

(a)at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or

(b)on an appeal under any such arrangements from a decision in such proceedings.

(6)But representation under subsection (5) must comply with any restrictions imposed by section 66.

(7)Except so far as otherwise authorised by the Secretary of State, a rank-related association must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.

(8)But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.

(9)An authorisation for the purposes of subsection (7)—

(a)may be given either conditionally or unconditionally; and

(b)may be varied or revoked at any time.

(10)In relation to a rank-related association, only the following have appropriate police connections for the purposes of this section—

(a)persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;

(b)persons not falling within paragraph (a) who are members of or employed by the Police Authority;

(c)the Civil Nuclear Police Federation;

(d)another rank-related association;

(e)a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);

(f)the Police Association for Northern Ireland;

(g)a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).

66Representation at certain disciplinary proceedings

(1)This section applies where disciplinary proceedings conducted in accordance with arrangements made by the Police Authority may lead to a member of the Constabulary who is not a senior officer being—

(a)dismissed;

(b)required to resign; or

(c)reduced in rank.

(2)The member of the Constabulary must be given an opportunity to elect to be legally represented—

(a)in those proceedings; and

(b)on any appeal under the arrangements.

(3)If he so elects, he may be represented, at his option, by counsel or by a solicitor.

(4)The member of the Constabulary, if he is not legally represented, may be represented in the proceedings or on an appeal only by a person who is—

(a)a member of the Constabulary;

(b)a member of a police force maintained under the Police Act 1996 (c. 16);

(c)a constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77);

(d)a constable of the British Transport Police Force; or

(e)a member of the Ministry of Defence Police.

67Trade union membership

(1)A member of the Constabulary must not be a member of—

(a)a trade union; or

(b)an association whose objects are or include controlling or influencing the pay, pensions or conditions of service of members of the Constabulary.

(2)Subsection (1) does not prevent a member of the Constabulary—

(a)from being a member of the Civil Nuclear Police Federation;

(b)from being a member of a rank-related association; or

(c)with the consent of the chief constable, from continuing to be a member of a trade union to which he belonged before becoming a member of the Constabulary.

(3)In this section “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources