Corporate Manslaughter and Corporate Homicide Act 2007

13 Application to police forces U.K.

(1) In this Act “police force” means—

(a) a police force within the meaning of—

(i) the Police Act 1996 (c. 16), F1 ...

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (aa) the Police Service of Scotland;]

(b) the Police Service of Northern Ireland;

(c) the Police Service of Northern Ireland Reserve;

(d) the British Transport Police Force;

(e) the Civil Nuclear Constabulary;

(f) the Ministry of Defence Police.

(2) For the purposes of this Act a police force is to be treated as owing whatever duties of care it would owe if it were a body corporate.

(3) For the purposes of section 2—

(a) a member of a police force is to be treated as employed by that force;

(b) a special constable appointed for a police area in England and Wales is to be treated as employed by the police force maintained by the [F4 local policing body] for that area;

(c) a special constable appointed for a police force mentioned in paragraph (d) or (f) of subsection (1) is to be treated as employed by that force;

(d) a police cadet undergoing training with a view to becoming a member of a police force mentioned in paragraph (a) [F5 , (aa)] or (d) of subsection (1) is to be treated as employed by that force;

(e) a police trainee appointed under section 39 of the Police (Northern Ireland) Act 2000 (c. 32) or a police cadet appointed under section 42 of that Act is to be treated as employed by the Police Service of Northern Ireland;

(f) a police reserve trainee appointed under section 40 of that Act is to be treated as employed by the Police Service of Northern Ireland Reserve;

(g) a member of a police force seconded to the Serious Organised Crime Agency or the National Policing Improvement Agency to serve as a member of its staff is to be treated as employed by that Agency.

(4) A reference in subsection (3) to a member of a police force is to be read, in the case of [F6 the Police Service of Scotland, as a reference to a constable of that Service.]

(5) For the purposes of section 2 any premises occupied for the purposes of a police force are to be treated as occupied by that force.

(6) For the purposes of sections 2 to 7 anything that would be regarded as done by a police force if the force were a body corporate is to be so regarded.

(7) Where—

(a) by virtue of subsection (3) a person is treated for the purposes of section 2 as employed by a police force, and

(b) by virtue of any other statutory provision (whenever made) he is, or is treated as, employed by another organisation,

the person is to be treated for those purposes as employed by both the force and the other organisation.

Textual Amendments

F1 Word in s. 13(1)(a)(i) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 57(2)(a)

F2 S. 13(1)(a)(ii) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 57(2)(b)

F3 S. 13(1)(aa) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 57(2)(c)

F4 Words in s. 13(3)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 365; S.I. 2011/3019, art. 3, Sch. 1

F5 Word in s. 13(3)(d) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 57(2)(d)

F6 Words in s. 13(4) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 57(2)(e)

Commencement Information

I1 S. 13 in force at 6.4.2008 by S.I. 2008/401, art. 2