Anti-terrorism, Crime and Security Act 2001

MoD and transport police

98 Jurisdiction of MoD police

(1) Section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of the Ministry of Defence Police) is amended as follows.

(2) In subsection (2) (places where members of Ministry of Defence Police have powers and privileges of constables), omit paragraph (d) (which is superseded by the amendment made by subsection (4) of this section).

(3) In subsection (3) (circumstances in which members of Ministry of Defence Police have powers and privileges of constables in places in United Kingdom not mentioned in subsection (2)), after paragraph (b) insert—

“(ba) in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;”.

(4) After that subsection insert—

“(3A) Where a member of the Ministry of Defence Police has been requested by a constable of—

(a) the police force for any police area;

(b) the Police Service of Northern Ireland;

(c) the British Transport Police Force; or

(d) the United Kingdom Atomic Energy Authority Constabulary,

to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.

(3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—

(a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;

(b) if it was made under paragraph (b) of that subsection, only in Northern Ireland;

(c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or

(d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the United Kingdom Atomic Energy Authority Constabulary.

(3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—

(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or

(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.

(3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—

(a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and

(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.”

(5) In subsection (4) (territorial waters)—

(a) for “to (3)” substitute “to (3D)”, and

(b) for “subsections (1) and (3)” substitute “those subsections”.

(6) In subsection (5)—

(a) after the definition of “appropriate Gazette” insert—

““British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);”, and

(b) after the definition of “service authorities” insert—

““United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority;”.

99 Provision of assistance by MoD police

After section 2 of the Ministry of Defence Police Act 1987 (c. 4) insert—

“2A Provision of assistance to other forces

(1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.

(2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—

(a) he shall be under the direction and control of the chief officer of that force; and

(b) he shall have the same powers and privileges as a member of that force.

(3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.

(4) In this section—

• “British Transport Police Force” has the same meaning as in section 2 above;

• “chief officer” means—

  (a)

  the chief officer of the police force for any police area;

  (b)

  the Chief Constable of the Police Service of Northern Ireland;

  (c)

  the Chief Constable of the British Transport Police Force; or

  (d)

  the Chief Constable of the United Kingdom Atomic Energy Authority Constabulary;

• “relevant force” means—

  (a)

  the police force for any police area;

  (b)

  the Police Service of Northern Ireland;

  (c)

  the British Transport Police Force; or

  (d)

  the United Kingdom Atomic Energy Authority Constabulary; and

• “United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.”

100 Jurisdiction of transport police

(1) Where a member of the British Transport Police Force has been requested by a constable of—

(a) the police force for any police area,

(b) the Ministry of Defence Police, or

(c) the United Kingdom Atomic Energy Authority Constabulary,

(“the requesting force”) to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the British Transport Police Force have for the purposes of that incident, investigation or operation the same powers and privileges as constables of the requesting force.

(2) Members of the British Transport Police Force have in any police area the same powers and privileges as constables of the police force for that police area—

(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence, or

(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.

(3) But members of the British Transport Police Force have powers and privileges by virtue of subsection (2) only if—

(a) they are in uniform or have with them documentary evidence that they are members of that Force, and

(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (1) by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

(4) In this section—

• “British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), and

• “United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority.

101 Further provisions about transport police and MoD police

Schedule 7 contains amendments relating to the British Transport Police Force and the Ministry of Defence Police.