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Part 10 U.K.Police Powers

MoD and transport policeU.K.

100 Jurisdiction of transport policeE+W+S

(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

[F1(c)the Civil Nuclear 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 [F2or damage to property] .

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

(a)[F3they 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.

[F4(3A)In the application of this section to Scotland—

(a)references to a “police area” are references to Scotland; and

(b)references to the “police force” for a police area are references to the Police Service of Scotland.]

(4)In this section—

Textual Amendments

F1S. 100(1)(c) substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 10(3); S.I. 2005/877, art. 2(1), Sch. 1 Table

F2Words in s. 100(2)(b) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 22(1)(a), 57(3)

F3S. 100(3)(a) omitted (E.W.) (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), ss. 22(1)(b), 57(3)

F5S. 100(4): definition of "British Transport Police Force" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 90); S.I. 2004/1572, art. 3(ddd)(jjj)

F6S. 100(4): definition of "United Kingdom Atomic Energy Authority Constabulary" and preceding word repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2005/877, art. 2(1) Sch. 1 Table

Modifications etc. (not altering text)

Commencement Information

I1S. 100 wholly in force at 7.1.2002; s. 100 in force at Royal Assent except so far as it extends to Scotland, see s. 127; s. 100 in force for Scotland at 7.1.2002 by S.I. 2001/4104, art. 2