Energy Act 2004

Section 69

SCHEDULE 14 Minor amendments relating to Constabulary

Public Records Act 1958

1 In paragraph 3 of Schedule 1 to the Public Records Act 1958 (c. 51) (administrative and departmental records of certain bodies to be public records), in Part 2 of the Table, at the appropriate place, insert—

“Civil Nuclear Police Authority.”

Police (Scotland) Act 1967

2 (1) Section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements) is amended as follows.

(2) After subsection (6) insert—

“(6A) For the purposes of this section—

(a) the Civil Nuclear Constabulary shall be treated as if it were a police force;

(b) “police functions” shall include the functions of the Civil Nuclear Constabulary;

(c) the Civil Nuclear Police Authority shall be treated as if it were a police authority; and

(d) “police area”, in relation to the Civil Nuclear Constabulary and the Civil Nuclear Police Authority, means those places where members of that Constabulary have the powers and privileges of a constable.”

(3) In subsection (7) after “British Transport Police Force” insert “or the Civil Nuclear Constabulary”.

Firearms Act 1968

3 In section 54 of the Firearms Act 1968 (c. 27) (application to Crown servants), after subsection (3) insert—

“(3AA) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown—

(a) a member of the Civil Nuclear Constabulary shall be deemed to be a person in the service of Her Majesty; and

(b) references to the public service shall be deemed to include references to use by a person in the exercise and performance of his powers and duties as a member of the Civil Nuclear Constabulary.”

Race Relations Act 1976

4 In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subjected after commencement of duties to general duties with respect to discrimination and equality), after the entry relating to the chief constable of the Ministry of Defence Police insert—

“The Civil Nuclear Police Authority.

The chief constable of the Civil Nuclear Constabulary.”

Ministry of Defence Police Act 1987

5 (1) In section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of Ministry of Defence Police)—

(a) for subsection (3A)(d) substitute—

“(d) the Civil Nuclear Constabulary,”;

(b) in subsection (3B)(d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “Civil Nuclear Constabulary”.

(2) In section 2A(4) of that Act (provision of assistance to other forces)—

(a) in the definition of “chief officer”, in paragraph (d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “Civil Nuclear Constabulary”; and

(b) in the definition of “relevant force”, for paragraph (d) substitute—

“(d) the Civil Nuclear Constabulary.”

(3) In section 2B(3) of that Act (constables serving with other forces)—

(a) in the definition of “chief officer”, in paragraph (f), for “United Kingdom Atomic Energy Authority Constabulary” substitute “Civil Nuclear Constabulary”; and

(b) in the definition of “relevant force”, for paragraph (f) substitute—

“(f) the Civil Nuclear Constabulary.”

Official Secrets Act 1989

6 In section 12 of the Official Secrets Act 1989 (c. 6) (Crown servants etc.), after subsection (4) insert—

“(4A) In this section the reference to a police force includes a reference to the Civil Nuclear Constabulary.”

Police Act 1996

7 In section 23 of the Police Act 1996 (c. 16) (collaboration agreements), after subsection (7A) insert—

“(7B) For the purposes of this section—

(a) the Civil Nuclear Constabulary shall be treated as if it were a police force;

(b) the chief constable of the Civil Nuclear Constabulary shall be treated as if he were the chief officer of police of that Constabulary;

(c) “police functions” shall include the functions of the Civil Nuclear Constabulary; and

(d) the Civil Nuclear Police Authority shall be treated as if it were a police authority.”

Regulation of Investigatory Powers Act 2000

8 (1) In section 46(3) of the Regulation of Investigatory Powers Act 2000 (c. 23) (persons in relation to whom authorisations may apply to any place in the United Kingdom), after paragraph (d) insert—

“(dza) the Civil Nuclear Constabulary;”.

(2) In Part 1 of Schedule 1 to that Act (relevant authorities for the purposes of sections 28 and 29), for paragraph 1A substitute—

“1A The Civil Nuclear Constabulary.”

Criminal Justice and Police Act 2001

9 In section 88 of the Criminal Justice and Police Act 2001 (c. 16) (functions of Central Police Training and Development Authority)—

(a) in subsection (7), paragraph (c) shall cease to have effect; and

(b) in subsection (8), after paragraph (k) insert—

“(ka) the Civil Nuclear Constabulary;”.

Anti-terrorism, Crime and Security Act 2001

10 (1) In section 77(7) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (interpretation of section 77), for the definitions of “nuclear material” and “nuclear site” substitute—

““nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;

“nuclear site” means a licensed nuclear site within the meaning of that Chapter;”.

(2) In section 79(4) of that Act (interpretation of section 79), for the definition of “nuclear material” substitute—

““nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;”.

(3) In section 100(1) of that Act (jurisdiction of British Transport Police when assisting other forces), for paragraph (c) substitute—

“(c) the Civil Nuclear Constabulary,”.

Police Reform Act 2002

11 In section 82 of the Police Reform Act 2002 (c. 30) (nationality requirements applicable to police officers)—

(a) for subsection (1)(e) substitute—

“(e) a member of the Civil Nuclear Constabulary;”;

(b) in subsection (3)(e), for “United Kingdom Atomic Energy Authority Constabulary” substitute “Civil Nuclear Constabulary”.