C1Part 5Work

Annotations:
Modifications etc. (not altering text)

Chapter 1Employment, etc.

Police officers

42Identity of employer

1

For the purposes of this Part, holding the office of constable is to be treated as employment—

a

by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable;

b

by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable.

2

For the purposes of this Part, holding an appointment as a police cadet is to be treated as employment—

a

by the chief officer, in respect of any act done by the chief officer in relation to a police cadet or appointment as one;

b

by the responsible authority, in respect of any act done by the authority in relation to a police cadet or appointment as one.

3

Subsection (1) does not apply to service with the Civil Nuclear Constabulary (as to which, see section 55(2) of the Energy Act 2004).

4

Subsection (1) does not apply to a constable at SOCAF1or SPA.

5

A constable at SOCA or F2SPA is to be treated as employed by it, in respect of any act done by it in relation to the constable.

6

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43Interpretation

1

This section applies for the purposes of section 42.

2

“Chief officer” means—

a

in relation to an appointment under a relevant Act, the chief officer of police for the police force to which the appointment relates;

b

in relation to any other appointment, the person under whose direction and control the body of constables or other persons to which the appointment relates is;

c

in relation to a constable or other person under the direction and control of a chief officer of police, that chief officer of police;

d

in relation to any other constable or any other person, the person under whose direction and control the constable or other person is.

3

“Responsible authority” means—

a

in relation to an appointment under a relevant Act, the F4local policing body or police authority that maintains the police force to which the appointment relates;

b

in relation to any other appointment, the person by whom a person would (if appointed) be paid;

c

in relation to a constable or other person under the direction and control of a chief officer of police, the F4local policing body or police authority that maintains the police force for which that chief officer is the chief officer of police;

d

in relation to any other constable or any other person, the person by whom the constable or other person is paid.

4

“Police cadet” means a person appointed to undergo training with a view to becoming a constable.

5

“SOCA” means the Serious Organised Crime Agency; and a reference to a constable at SOCA is a reference to a constable seconded to it to serve as a member of its staff.

F55A

“SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012.

7

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

For the purposes of this section, the relevant Acts are—

a

the Metropolitan Police Act 1829;

b

the City of London Police Act 1839;

c

the F7Police and Fire Reform (Scotland) Act 2012;

F8d

the Police Reform and Social Responsibility Act 2011.

F99

Subsections (2) and (3) apply in relation to Scotland as follows—

a

a reference to a police authority includes a reference to the Scottish Police Authority;

b

a reference to a police force includes a reference to the Police Service of Scotland; and

c

a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland.