http://www.legislation.gov.uk/id/ukpga/2017/3

http://www.legislation.gov.uk/ukpga/2017/3/schedule/10

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

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Statute Law Database

2024-05-18

Expert Participation

2023-12-26

Policing and Crime Act 2017

specified provision(s)

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

reg. 2

SCHEDULES

I1 I2 SCHEDULE 10Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

Section 38

Annotations:

Commencement Information

Sch. 10 in force for certain purposes at Royal Assent, see s. 183

Sch. 10 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(d) (with regs. 4, 5) (as amended by S.I 2017/1162, reg. 2)

Schedule 3BDesignations under section 38
Section 38(6B)(a) and (6D)
Part 1Excluded powers and duties of constables
1
Any power or duty of a constable to make an arrest.
2
Any power or duty of a constable to stop and search an individual or a vehicle or other thing.
3
The power of a constable, under section 36(4) of the Police and Criminal Evidence Act 1984, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.
4
Any power that is exercisable only by a constable of a particular rank.
5
Any power of a constable under—
a
the Terrorism Act 2000;
b
the Terrorism Act 2006;
c
the Counter-Terrorism Act 2008;
d
the Terrorism Prevention and Investigation Measures Act 2011;
e
the Counter-Terrorism and Security Act 2015.
6
Any power of a constable under the Official Secrets Acts 1911 to 1989.
7
The power of a constable to make an application on behalf of the Commissioner of Police of the Metropolis under section 19 or 21 of the Investigatory Powers Act 2016 (applications for warrants under Chapter 1 of Part 2 of that Act).
Part 2Application of legislation
8
1
Where a power or duty of a constable is conferred or imposed on a person designated under section 38—
a
a reference to a constable (however expressed) in legislation relating to the power or duty includes a reference to the person designated under section 38;
b
a reference in legislation to anything done in the exercise or purported exercise of the power, or in the performance or purported performance of the duty, includes a reference to anything done in the exercise or purported exercise of the power, or the performance or purported performance of the duty, by the person designated under section 38.
2
The Secretary of State may by regulations make provision for legislation relating to a power or duty of a constable specified in the regulations to apply in relation to a person designated under section 38 in a way that modifies or supplements the effect of sub-paragraph (1).
3
In this paragraph, “legislation” means any provision of—
a
an Act;
b
subordinate legislation within the meaning of the Interpretation Act 1978;
c
a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly.

SCHEDULES

I1I2 SCHEDULE 10Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

Schedule 3BDesignations under section 38

Part 1Excluded powers and duties of constables

1

2

3

4

5

a

b

c

d

e

6

7

Part 2Application of legislation

8

1

a

b

2

3

a

b

c

I1 I2 SCHEDULE 10Schedule to be inserted as Schedule 3B to the Police Reform Act 2002