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Police and Justice Act 2006

Paragraphs 16 and 17: Civilian employees of police authorities

88.Section 15 of the 1996 Act enables a police authority to employ civilian staff to assist its police force or to enable the police authority to discharge its functions. The effect of section 15(2) and (3) of the 1996 Act as it stands is that people so employed are to be under the direction and control of the chief officer of the force concerned, unless the chief officer and the police authority agree otherwise or, in the absence of such an agreement, the Secretary of State determines that a person so employed by the authority need not be under the direction and control of the chief officer.

89.Paragraph 16 amends section 15 of the 1996 Act. The effect of the amendment is that those persons who are employed by the police authority solely to assist its police force must be under the direction and control of the chief officer of that force: there is no provision for the authority and the chief officer to agree, or the Secretary of State to determine, otherwise. However persons who are employed by the police authority to enable it to discharge its functions need not be under the direction and control of the chief officer.

90.Section 24 of the 1996 Act enables the chief officer of any police force to provide constables or other assistance to another police force to meet any special demand on that other force’s resources. Section 24(3) provides that where a constable is provided to another force under section 24, he is under the direction and control of the chief officer of that other force. Paragraph 17 inserts a new section 24(3A) into the 1996 Act. The effect of this new subsection is that if police staff employed under section 15 of the 1996 Act to assist a police force are provided to another force under section 24, they are to be under the direction and control of the chief officer of that other force.

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