Schedule 7
386.This amends certain Acts of Parliament to extend certain police powers and provisions to the BTP and MDP.
387.The Police (Scotland) Act 1967 (c.77). The amendment of section 11 allows the BTP and Scottish police forces to provide aid to one another to meet any special demands, subject to payment. The amendment of section 12 enables the BTP to enter collaboration agreements with Scottish police forces. The amendment of sections 42 and 43 make it an offence to cause disaffection in the BTP or impersonate a BTP constable.
388.Firearms Act 1968 (c.27). The amendment of section 54 allows BTP officers and associated civilian employees to possess, purchase and acquire CS incapacitant sprays and ammunition used for such sprays, but not any other prohibited firearm.
389.Police and Criminal Evidence Act 1984 (c.60). The amendment of sections 35 and 36 allows the BTP’s chief constable to designate police stations to be used to detain arrested persons and to appoint custody officers for these stations.
390.Criminal Justice and Public Order Act 1994 (c.33). The amendment of section 60 allows a BTP officer of the rank of inspector or above to authorise, in certain circumstances, the use of certain stop and search powers in, on and in the vicinity of premises policed by the BTP when it is reasonably believed that incidents of violence may take place or that persons are carrying dangerous weapons.
391.Sections 136, 137 and 140 (cross-border enforcement) are amended so that the BTP can make use of these powers. The amendment of section 136 allows a BTP officer in England or Wales to execute a warrant issued in Scotland or Northern Ireland and, equally, allows a BTP constable in Scotland to execute a warrant issued in England, Wales or Northern Ireland. The amendment of section 137 allows a BTP officer from England and Wales or Scotland to arrest someone suspected of committing an offence in his own country, but now present in one of the other countries. The amendment of Section 140 provides a BTP constable from England, Wales or Scotland with the same powers of arrest as a local constable when that officer is in either of the other two countries.
392.Police Act 1996 (c.16). The amendment of section 23 enables the BTP to enter into collaboration agreements with local police forces. The amendment of section 24 allows the BTP and local police forces to provide aid to one another to meet any special demands, subject to payment. When providing such aid, the BTP officer will be under the direction and control of the chief officer of police of that other force. The amendment to section 25 allows the BTP to provide special police services to any person, subject to payment.
393.The amendment of sections 90 and 91 makes it an offence to impersonate a BTP constable or cause disaffection in the BTP.
394.Terrorism Act 2000 (c.11). The amendment of section 34 allows the BTP and the MDP, in certain circumstances, to designate areas in which cordons may be erected for the purposes of terrorist investigations. This allows a constable in uniform to order a person or vehicle to leave the cordoned area and any adjacent area, to remove any vehicle from the area, and to restrict access to the area.
395.The amendment of section 44 allows the BTP and MDP, in certain circumstances where it is expedient for the prevention of acts of terrorism, to specify areas or places in which for up to 28 days a uniformed constable of the BTP or MDP can stop and search vehicles, their occupants and pedestrians. An assistant chief constable, or higher, may authorise the use of these powers and the Secretary of State must confirm any such orders within 48 hours.