The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) Regulations 2017

These Regulations bring into force specified provisions of the Policing and Crime Act 2017 (“the Act”), and make transitional provision in relation to powers and duties conferred under section 38 of the Police Reform Act 2002 (“the 2002 Act”) prior to the commencement of section 38 of the Act. They are the fifth commencement regulations under the Act. Other provisions of the Act were brought into force on Royal Assent by section 183(5) of the Act or commenced on 31st March 2017 by virtue of section 183(6) of the Act.

Regulation 2 sets out the provisions which will come into force on 1st December 2017. In particular, paragraph (a) commences provisions concerning disciplinary measures relating to former members of police forces and special constables in England and Wales; paragraph (b) commences provisions concerning disciplinary measures relating to former members of the Ministry of Defence Police; paragraph (c) commences provisions which implement the police barred list which prevents certain individuals from being appointed as members of police forces and special constables; paragraph (d) commences provisions which permit chief officers to designate civilian staff and volunteers as policing support or community support officers, so that those staff or volunteers can exercise the powers or duties conferred or imposed on those officers; paragraph (e) commences provisions which include those designated under section 38 of the 2002 Act in the definition of “the service of Her Majesty” for the purposes of the Firearms Act 1968 and expressly includes special constables in the definition of “member of a police force” in that Act; paragraph (f) commences provisions about the training of police civilian volunteers; paragraph (g) commences provisions which include police civilians and volunteers designated under section 38 of the 2002 Act within the police disciplinary framework; paragraph (h) commences provisions which bring police civilians and volunteers designated under section 38 of the 2002 Act within the police barred list which will prevent certain individuals from being appointed as civilian staff of police forces; paragraph (i) commences provisions which have the effect of permitting Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services to inspect the activities of police civilians and volunteers designated under section 38 of the 2002 Act; paragraph (j) commences provisions which prohibit the use of police civilians and volunteers designated under section 38 of the 2002 Act acting in person as covert human intelligence sources; and paragraph (k) commences provisions set out in Schedule 12 to the Act that make consequential and correcting amendments to other legislation.

Regulation 3 provides that section 46 comes into force on 1st December 2018, which has the effect that the powers of police forces in England and Wales to appoint traffic wardens cease on that day.

Regulation 4 makes transitional provision so that designations made prior to the commencement of section 38 of the Act of police powers under section 38 of the 2002 Act to police civilian staff remain effective until they are amended, repealed or revoked under section 38 of the 2002 Act, as amended by section 38 of the Act.

Regulation 5 provides that the transitional provision in regulation 4 does not apply to any designations of police powers which would be prohibited by virtue of section 38(6B)(a) of the 2002 Act because those police powers are included in Part 1 of Schedule 3B of the 2002 Act.