Serious Organised Crime and Police Act 2005

Part 2 E+W Accredited persons

17 E+W Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exercisable by accredited persons) is amended as follows.

Commencement Information

I1 Sch. 8 para. 17 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

18 E+W In paragraph 2 (power to require giving of name and address), in sub-paragraph (3), after paragraph (a) insert—

“(aa) an offence under section 3 or 4 of the Vagrancy Act 1824; or”.

Commencement Information

I2 Sch. 8 para. 18 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

19 E+W After paragraph 3 insert—

“3A “Power to require name and address: road traffic offences

(1) An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable—

(a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address; and

(b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address.

(2) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 8B(4) and 9(2) of this Schedule.”

Commencement Information

I3 Sch. 8 para. 19 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

20 E+W After paragraph 8A insert—

“8B “Power to control traffic for purposes other than escorting a load of exceptional dimensions

(1) A person whose accreditation specifies that this paragraph applies to him shall have, in the relevant police area—

(a) the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;

(b) the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.

(2) The purposes for which those powers may be exercised do not include the purpose mentioned in paragraph 9(1).

(3) A person whose accreditation specifies that this paragraph applies to him shall also have, in the relevant police area, the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.

(4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (3), for the purposes for which they may be exercised and by a person whose accreditation specifies that this paragraph applies to him, as if the references to a constable were references to him.

(5) A person's accreditation may not specify that this paragraph applies to him unless it also specifies that paragraph 3A applies to him.”

Commencement Information

I4 Sch. 8 para. 20 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

21 E+W After paragraph 9 insert—

“9ZA “Photographing of persons given fixed penalty notices

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc.) to take a photograph, elsewhere than at a police station, of a person to whom the accredited person has given a penalty notice (or as the case may be a fixed penalty notice) in exercise of any power mentioned in paragraph 1(2).”

Commencement Information

I5 Sch. 8 para. 21 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)