SCHEDULE 7 Certification of Prisoner Custody Officers: Northern Ireland

Section 122(2).

Preliminary

1

In this Schedule—

  • “certificate” means a certificate under section 122 of this Act;

  • “the relevant functions”, in relation to a certificate, means the escort functions authorised by the certificate.

Issue of certificates

2

1

Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

2

The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

a

is a fit and proper person to perform the relevant functions; and

b

has received training to such standard as he may consider appropriate for the performance of those functions.

3

Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

Suspension of certificate

3

1

This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions.

2

The prisoner escort monitor may—

a

refer the matter to the Secretary of State for a decision under paragraph 4 below; and

b

in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions.

3

The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4

Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.

False statements

5

If any person, for the purpose of obtaining a certificate for himself or for any other person—

a

makes a statement which he knows to be false in a material particular; or

b

recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.