2. In paragraph 2 of Schedule 2 to the 2001 Act (manned guarding), after sub-paragraph (6) insert—
“(7) This paragraph does not apply to—
(a)activities that are carried out by virtue of an arrangement made by the Secretary of State under section 80 of the Criminal Justice Act 1991(1) (arrangements for the provision of prisoner escorts) or section 12(1) of, and Schedule 1 to, the Criminal Justice and Public Order Act 1994 (escort arrangements for offenders: England and Wales)(2);
(b)activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 84(3) (contracting out prisons etc.) of the Criminal Justice Act 1991 or section 88A(4) (contracted out functions at directly managed prisons) of that Act;
(c)activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 7 (contracting out of secure training centres) of the Criminal Justice and Public Order Act 1994 or section 11 (contracted out functions at directly managed secure training centres) of that Act;
(d)activities carried out by a detainee custody officer (within the meaning of Part 8 of the Immigration and Asylum Act 1999(5) (removal centres and detained persons))—
(i)in the performance of escort functions or custodial functions or both (in each case within the meaning of that Part of that Act) which he is authorised to perform under section 154 of that Act (detainee custody officers);
(ii)in the performance of a function for the purposes of a contract entered into by the Secretary of State under section 150(1)(6) of that Act (contracted out functions at directly managed removal centres);
(e)activities carried out by a prisoner custody officer (within the meaning of Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons))—
(i)in the performance of a function conferred on him by the Secretary of State under section 154(5)(7) of that Act (functions of detainee custody officers); or
(ii)in the performance of a function for the purposes of a contract entered into by the Secretary of State under section 150(1) of that Act (contracted out functions at directly managed removal centres);
(f)activities of a person employed by a police authority who is designated by a chief officer of a police force under section 38 of the Police Reform Act 2002(8) (police powers for police authority employees) which are carried out in the course of that employment;
(g)activities of a person who is designated by a chief officer of police under section 39(2) of the Police Reform Act 2002(9) (police powers for contracted-out staff) which are carried out for the purposes of the performance of a contract entered into under section 39(1) of that Act by that person’s employer;
(h)activities of a person who is appointed under section 24 (constables), 25 (special constables) or 26 (cadets) of the Railways and Transport Safety Act 2003(10) which are carried out in the course of his employment by the British Transport Police Authority;
(i)activities of a person who is employed by the British Transport Police Authority under section 27 of the Railways and Transport Safety Act 2003 (civilian employees) and who is designated by the chief constable of the British Transport Police Force under section 38 of the Police Reform Act 2002 (police powers for police authority employees)(11) where those activities are carried out in the course of that employment;
(j)activities of a person who is employed by the Civil Nuclear Police Authority under section 55 of the Energy Act 2004(12) (members of the constabulary) which are carried out in the course of that employment;
(k)activities of a person who is employed as a constable by a harbour authority, within the meaning of section 57 of the Harbours Act 1964(13) (interpretation), which are carried out in the course of that employment;
(l)activities of a person who is not a constable or an officer of Her Majesty’s Revenue and Customs but is authorised for the purposes of section 40 of the Immigration, Asylum and Nationality Act 2006(14) (searches: contracting out) which are carried out for the purposes of arrangements made under section 40(6)(c) of that Act.”.
1991 c. 53. Section 80 of the 1991 Act has been amended by section 93 of the Criminal Justice and Public Order Act 1994 (c. 33).
1994 c. 33. Section 12 of the 1994 Act has been amended by paragraph 111 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) and Schedule 1 to the 1994 Act has been amended by paragraph 162 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Section 84 of the 1991 Act was substituted by section 96 of the 1994 Act.
Section 88A of the 1991 Act was inserted by section 99 of the 1994 Act.
Section 150(1) of the 1999 Act has been amended by section 66 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
Section 154(5) of the 1999 Act was substituted by section 65(1) of the Nationality, Immigration and Asylum Act 2002.
Section 38 of the 2002 Act has been amended by section 120 of, paragraphs 179 and 181 of Schedule 4 to and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005.
Section 38 of the Police Reform Act 2002 is applied to employees of the British Transport Police Authority by section 28 of the Railways and Transports Safety Act 2003 (exercise of powers by civilians).
1964 c. 40; amendments have been made to section 57 which are not relevant to this Order.