Part 3Police workforce and representative institutions
CHAPTER 1Police workforce
Powers of police civilian staff and volunteers
I1I238Powers of police civilian staff and police volunteers
1
Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers etc by civilians) is amended as follows.
2
In section 38 (police powers for civilian staff), for subsections (1) and (2) substitute—
1
The chief officer of police of any police force may designate a relevant employee as either or both of the following—
a
a community support officer;
b
a policing support officer.
1A
The chief officer of police of any police force may designate a police volunteer as either or both of the following—
a
a community support volunteer;
b
a policing support volunteer.
3
In that section, omit subsections (5A) to (6A).
4
In that section, before subsection (7) insert—
6B
The powers and duties that may be conferred or imposed on a person designated under this section are—
a
any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);
b
where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer.
6C
The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it.
6D
Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section.
6E
Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person—
a
in the area of that police force, and
b
in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.
6F
A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated—
a
in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force);
b
only in such parts of the area of that police force as are specified in the designation;
c
only in cases or circumstances so specified.
5
In that section, after subsection (7) insert—
7A
A police volunteer authorised or required to do anything by virtue of a designation under this section —
a
shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;
b
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.
6
In that section, after subsection (9) insert—
9A
The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation.
9B
However, subsection (9A) does not apply to—
a
the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances—
i
the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;
ii
the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;
b
the use of a weapon for a purpose specified in regulations made by the Secretary of State;
c
the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.
7
In that section, after subsection (9B) (as inserted by subsection (6) above) insert—
9C
A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8
In that section, at the end insert—
12
In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee.
13
For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.
9
In the heading to section 38, after “civilian staff” insert “
and volunteers
”
.
10
Omit section 38A (standard powers and duties of community support officers).
11
After Schedule 3 insert —
a
the new Schedule 3B set out in Schedule 10 to this Act, and
b
(after that new Schedule) the new Schedule 3C set out in Schedule 11 to this Act.