Part 6Miscellaneous

Liability for unlawful acts of constables etc.

I1102 Liability for wrongful acts of constables etc.

1

Each of the enactments specified in subsection (2) shall be amended as follows—

a

for the words “torts committed by”, in each place where they occur, there shall be substituted “ any unlawful conduct of ”; and

b

for “in respect of any such tort” there shall be substituted “ , in the case of a tort, ”.

2

The enactments are—

a

section 88(1) of the 1996 Act (liability of chief officers);

b

section 97(9) of that Act (liability of the Secretary of State);

c

section 42(1) of the 1997 Act (liability of the Director General of NCIS);

d

section 86(1) of that Act (liability of the Director General of the National Crime Squad);

e

section 27(8) of the Police (Northern Ireland) Act 1998 (c. 32) (liability of the Secretary of State);

f

section 29(1) of that Act (liability of the chief constable of the Police Service of Northern Ireland);

g

paragraph 7(3) of Schedule 3 to that Act (liability of the Police Ombudsman); and

h

paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c. 16) (liability of the Central Police Training and Development Authority).

3

In paragraph 7(1) of Schedule 8 to the 1997 Act (liability of Police Information Technology Organisation)—

a

for “a tort committed by” there shall be substituted “ any unlawful conduct of ”;

b

for “torts committed by” there shall be substituted “ any unlawful conduct of ”; and

c

for “in respect of any such tort” there shall be substituted “ , in the case of a tort, ”.

4

In each of the enactments specified in subsection (5), for “a tort committed by” there shall be substituted “ any unlawful conduct of ”.

5

The enactments are—

a

section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);

b

section 42(4)(a) of the 1997 Act (payments in respect of tort proceedings against members of, and constables serving with, NCIS);

c

section 86(4)(a) of that Act (payments in respect of tort proceedings against members of, and constables serving with, the National Crime Squad);

d

section 29(3)(a) of the Police (Northern Ireland) Act 1998 (payments in respect of tort proceedings against police officers in Northern Ireland); and

e

paragraph 7(4)(a) of Schedule 3 to that Act (payment in respect of tort proceedings against police officers serving with, or assisting, the Police Ombudsman).

6

In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.

7

In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—

a

for “in reparation in respect of any wrongful act or omission” there shall be substituted “ for any unlawful conduct ”; and

b

for “in respect of a wrongful act or omission” there shall be substituted “ for any unlawful conduct ”.

8

In section 39(4) of that Act, for “wrongful act or omission” there shall be substituted “ unlawful conduct ”.