Health and Safety at Work etc. Act 1974

[F1 51A Application of Part to police. E+W

(1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

(2) In this section “ the relevant officer ”—

(a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,

[F2 (b) in relation to a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff, means that Agency, and]

(c) in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.

[F3 (2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

(a) that the officer-holder personally consented to the commission of the offence,

(b) that he personally connived in its commission, or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E) Those provisions are—

(a) section 39 of the Police (Scotland) Act 1967;

(b) section 88(1) of the Police Act 1996;

(c) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f) section 28 of the Serious Organised Crime and Police Act 2005.

[F5 (g) paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]

(2F) In the application of this section to Scotland—

(a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);

(b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and

(c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]

(3) For the purposes of regulations under section 2(4) above—

(a) the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,

(b) the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and

(c) any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.

(4) Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2

F2 S. 51A(2)(b) substituted (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c.15), ss. 59, 178, Sch. 4 para. 20; S.I. 2006/378, art. 4, Sch. para. 10

F3 S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 158(1)(5)-(7)

F4 S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)

F5 S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)

Modifications etc. (not altering text)

C20 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C21 S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2

C22 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C23 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

[F1 51A Application of Part to police. S

(1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

(2) In this section “ the relevant officer ”—

(a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,

(b) in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad, and

(c) in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.

[F3 (2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

(a) that the officer-holder personally consented to the commission of the offence,

(b) that he personally connived in its commission, or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E) Those provisions are—

(a) section 39 of the Police (Scotland) Act 1967;

(b) section 88(1) of the Police Act 1996;

(c) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f) section 28 of the Serious Organised Crime and Police Act 2005.

[F5 (g) paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]

(2F) In the application of this section to Scotland—

(a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);

(b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and

(c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]

(3) For the purposes of regulations under section 2(4) above—

(a) the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,

(b) the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and

(c) any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.

(4) Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2

F3 S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 158(1)(5)-(7)

F5 S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)

F6 S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)

Modifications etc. (not altering text)

C20 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C21 S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2

C22 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C23 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))