Police Reform and Social Responsibility Act 2011

Police Reform Act 2002

This section has no associated Explanatory Notes

4(1)Section 42 (supplementary provisions relating to designations and accreditations) is amended in accordance with this paragraph.

(2)In subsection (1), after “section 38” insert “, 38B”.

(3)After subsection (2) insert—

(2ZA)A power exercisable by any person in reliance on a designation under section 38B by the chief officer of police of the assisted force shall, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—

(a)determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and

(b)identified or described in the designation.

In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B..

(4)In subsection (2A), after “subsection (2)” insert “or (2ZA)”.

(5)In subsection (2B), after “section 38” insert “(in relation to subsection (2)) or section 38B (in relation to subsection (2ZA))”.

(6)In subsection (3), after “section 38” insert “, 38B”.

(7)After subsection (7) insert—

(7A)For the purposes of determining liability for the unlawful conduct of a civilian employee of a police force (within the meaning of section 38B), conduct by such an employee in reliance or purported reliance on a designation under section 38B shall be taken to be conduct in the course of the employee’s employment by the employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly..