F1Part 4APolice barred list and police advisory list
Police barred list
88DApplication of section 88C to persons with mixed functions
1
If a person to be specified in regulations under section 88C(5)(e) has both relevant public functions and other functions, the person may be so specified as follows (but not otherwise)—
a
in relation to the exercise of the person's relevant public functions, or
b
in relation to the exercise of such of those relevant public functions as are of a description specified in the regulations.
2
In this section—
a
a person who is specified in regulations under section 88C(5)(e) is referred to as a specified person, and
b
in relation to that person, the functions in relation to the exercise of which the person is specified are referred to as specified functions.
3
In relation to a specified person—
a
the duties in section 88C(2) and (3) apply only to the extent that the proposed employee or proposed appointee (as the case may be) will be involved in the exercise of specified functions;
b
the additional duties in subsections (4) and (5) of this section apply where the specified person is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified functions (not having previously been so involved).
4
Before making the arrangement, the specified person must check with the College of Policing whether the existing employee or existing appointee (as the case may be) is a barred person.
5
The specified person may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified functions.
6
For the purposes of subsections (3) to (5) a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person).
Pt. 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)