Part 4

Police powers etc.
Chapter 1

Exercise of police powers etc. by civilians

Police powers for civilian employees under collaboration agreements
38B
1
The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—
a
is a civilian employee of
, or a police volunteer with,
another police force (the “assisting force”),
b
is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and
c
is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.
2
The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of
either or both of the descriptions specified in section 38(1) (if C is a civilian employee of the assisting force) or section 38(1A) (if C is a police volunteer with the assisting force)
.
3
The collaboration designation may designate C as an officer of a particular description specified in
section 38(1) or (as the case may be) section 38(1A)
only if the section 38 designation designates C as an officer of that description.
4
C shall have the powers and duties conferred or imposed on C by the collaboration designation.
5
A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.
6
C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.
7
The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.
8
Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.
9
C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.
10
References in this section to the discharge of functions by
persons designated under section 38 by the chief officer of police of the assisting force
for the purposes of the assisted force have the same meaning as in
section 23AA
of the Police Act 1996.
11
In this section—
- “
civilian employee
” has the meaning given by section 23I of the Police Act 1996;
- “
relevant police collaboration provision
” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.
Ss. 38B, 38C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 13 para. 3; S.I. 2011/3019, art. 3, Sch. 1
Words in s. 38B(1)(a) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 1(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Words in s. 38B(2) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 1(3); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Words in s. 38B(3) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 1(4); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Words in s. 38B(10) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 1(5)(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Words in s. 38B(10) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 1(5)(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)