Point in time view as at 01/11/2022.
Police Act 1996, Section 88C is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person who is included in the police barred list is a barred person for the purposes of this section and sections 88D and 88E.
(2)Before employing or appointing any person, a person mentioned in subsection (5) must check with the College of Policing whether the proposed employee or proposed appointee (as the case may be) is a barred person.
(3)A person mentioned in subsection (5) may not employ a barred person or otherwise appoint a barred person to any position.
(4)For the purposes of subsections (2) and (3) a person who is to be seconded to work for a person mentioned in subsection (5), and who will not be employed by that person, is to be regarded as being appointed by that person.
(5)The persons referred to in subsections (2) to (4) are—
(a)a chief officer of police;
(b)a local policing body;
(c)the chief inspector of constabulary;
(d)the [F2Independent Office for Police Conduct];
(e)a person specified in regulations made by the Secretary of State.
(6)A person may be specified in regulations under subsection (5)(e) only if the person has relevant public functions.
(7)In this section and sections 88D and 88E “relevant public functions” means functions of a public nature exercisable in, or in relation to, England and Wales that relate to policing or law enforcement.
(8)A statutory instrument containing regulations under subsection (5)(e) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
[F3(9)Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is a barred person.
(10)A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.]]
Textual Amendments
F1Pt. 4A inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 8; S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)
F2Words in s. 88C(5)(d) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(3)(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F3S. 88C(9)(10) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 42(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)
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