Energy Act 2004

68 Application of offences etc. applying to constables E+W+S

(1) The references in section 89(1) and (2) of the Police Act 1996 and section 41(1) and (2) of the Police (Scotland) Act 1967 (assaults on constables) to a constable in the execution of his duty shall have effect as if they included references to a member of the Constabulary who—

(a) is exercising any of the powers or privileges conferred on him by section 56; or

(b) is otherwise performing his duties under the direction and control of the chief constable or as an employee of the Police Authority.

(2) Section 90 of the Police Act 1996 (impersonation of member of a police force) shall have effect as if the references to a member of a police force included references to a member of the Constabulary.

(3) In section 91 of the Police Act 1996 (causing disaffection), for subsection (2) substitute—

“(2) This section applies in the case of—

(a) special constables appointed for a police area,

(b) members of the Civil Nuclear Constabulary, and

(c) members of the British Transport Police Force,

as it applies in the case of members of a police force.”

(4) In section 42 of the Police (Scotland) Act 1967 (c. 77) (causing disaffection), after subsection (2) insert—

“(3) In this section—

(a) references to the constables of any police force include references to the members of the Civil Nuclear Constabulary; and

(b) references to a constable include references to a member of that Constabulary.”

(5) In section 43 of the Police (Scotland) Act 1967 (impersonation of police)—

(a) in subsection (1)(b) (wearing a police uniform without permission), after “without” insert “ being a member of the Civil Nuclear Constabulary or having ”; and

(b) in subsection (3), after “police authority” insert “ or by the Civil Nuclear Police Authority ”.

(6) After subsection (3) of that section insert—

“(3A) In its application to articles of the uniform of the Civil Nuclear Constabulary, subsection (1)(b) has effect as if for the words “or having the permission of the police authority for the police area in which he is” there were substituted the words “ and in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive ”.

(3B) For the purposes of this section—

(a) “constable” includes a member of the Civil Nuclear Constabulary; and

(b) any reference to “police” includes a reference to that Constabulary.”

(7) In any enactment—

(a) references to a person’s being in the custody of a constable, or to his being detained in the charge of a constable, include references to his being detained by a member of the Constabulary in the exercise of any of the powers or privileges conferred on him by section 56; and

(b) references to a person’s accompanying a constable include references to his accompanying a member of the Constabulary.

Commencement Information

I1 S. 68 in force at 1.4.2005 by S.I. 2005/877, art. 2(1), Sch. 1