(1) The Secretary of State may by order provide for section 41A and any other provision of this Chapter relating to accredited inspectors to apply (with or without modification) in relation to persons of a description specified in the order.
(2) The provision which may be made by an order under this section includes such modifications of other enactments as appear to the Secretary of State to be necessary or appropriate.
(3) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
42 Supplementary provisions relating to designations and accreditations
(A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(B1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(C1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 , 38B or 39 or his accreditation under section 41 or 41A, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A power exercisable by any person in reliance on his designation by a chief officer of police under section 38 or 39 or his accreditation under section 41 shall , subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—
(a) determined or approved for the purposes of this Chapter by the chief officer of police who granted the designation or accreditation; and
(b) identified or described in the designation or accreditation;
and, in the case of an accredited person, such a power shall be exercisable only if he is also wearing such badge as may be specified for the purposes of this subsection by the Secretary of State, and is wearing it in such manner, or in such place, as may be so specified.
(2ZA) A power exercisable by any person in reliance on a designation under section 38B by the chief officer of police of the assisted force shall, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—
(a) determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and
(b) identified or described in the designation.
In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B.
(2A) A police officer of or above the rank of inspector may direct a particular policing support officer or policing support volunteer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) or (2ZA) shall not apply in relation to that policing support officer or policing support volunteer for the purposes of that operation.
(2B) In subsection (2A), “policing support officer” and “policing support volunteer” mean (respectively) a person designated as a policing support officer or (as the case may be) a policing support volunteer under section 38 (in relation to subsection (2)) or section 38B (in relation to subsection (2ZA)) by the chief officer of police of the same force as the officer giving the direction.
(3) A chief officer of police who has granted a designation or accreditation to any person under section 38 , 38B, 39 or 41 or an accreditation to any weights and measures inspector under section 41A may at any time, by notice to the designated or accredited person or the accredited inspector, modify or withdraw that designation or accreditation.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where any person’s designation under section 39 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.
(6) Where any person’s accreditation under section 41 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.
(6A) Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed.
(7) For the purposes of determining liability for the unlawful conduct of employees of a chief officer of police or local policing body, conduct by such an employee in reliance or purported reliance on a designation under section 38 shall be taken to be conduct in the course of his employment by the chief officer of police or local policing body; and, in the case of a tort, that chief officer or body shall fall to be treated as a joint tortfeasor accordingly.
(7A) For the purposes of determining liability for the unlawful conduct of a civilian employee of a police force (within the meaning of section 38B), conduct by such an employee in reliance or purported reliance on a designation under section 38B shall be taken to be conduct in the course of the employee's employment by the employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.
(7B) For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under that section is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.
(7C) For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under section 38B is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation under section 38 is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section 39), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.
(10) For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 41 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.
(11) For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly.
(1) The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police Force to establish and maintain a scheme (“a railway safety accreditation scheme”).
(2) A railway safety accreditation scheme is a scheme for the exercise, within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.
(3) The regulations may make provision—
(a) as to the purposes for which a railway safety accreditation scheme may be established;
(b) as to the procedure to be followed in the establishment of such a scheme; and
(c) as to matters for which such a scheme must contain provision.
(4) The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.
(5) The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.
(6) Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.
(7) The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable ... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—
(a) an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);
(b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).
(8) In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.
(9) Before making regulations under this section the Secretary of State shall consult with—
(a) the National Police Chiefs' Council;
(b) the chief constable of the British Transport Police Force;
(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(ca) the Mayor's Office for Policing and Crime;
(cb) the Common Council of the City of London; and
(d) the British Transport Police Authority ;
(e) persons whom he considers to represent the interests of local authorities;
(f) the Mayor of London; and
(g) such other persons as he thinks fit.
(10) In this section—
“local authorities” means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Offences against designated and accredited persons etc.
(1) Any person who assaults—
(a) a designated person in the execution of his duty,
(b) an accredited person in the execution of his duty,
(ba) an accredited inspector in the execution of his duty, or
(c) a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(2) Any person who resists or wilfully obstructs—
(a) a designated person in the execution of his duty,
(b) an accredited person in the execution of his duty,
(ba) an accredited inspector in the execution of his duty, or
(c) a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.
(3) Any person who, with intent to deceive—
(a) impersonates a designated person , an accredited person or an accredited inspector ,
(b) makes any statement or does any act calculated falsely to suggest that he is a designated person , that he is an accredited person or that he is an accredited inspector , or
(c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person or as an accredited inspector that exceed the powers he actually has,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4) In this section references to the execution by a designated person , accredited person or accredited inspector of his duty are references to his exercising any power or performing any duty which is his by virtue of his designation or accreditation.
(5) References in this section to a designated person are to—
(a) a designated person within the meaning given by section 47(1), and
(b) a person in relation to whom a designation under section 38B is for the time being in force.
(1) In this Chapter—
“accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force;
“accredited person” means a person in relation to whom an accreditation under section 41 is for the time being in force;
“community safety functions” means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in Schedule 5;
“conduct” includes omissions and statements;
“designated person” means a person in relation to whom a designation under section 38 or 39 is for the time being in force;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.
(2) In this Chapter—
(a) references to carrying on business include references to carrying out functions under any enactment; and
(b) references to the employees of a person carrying on business include references to persons holding office under a person, and references to employers shall be construed accordingly.
49 Power of arrest in relation to failure to stop a vehicle
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 17(1)(c) of the 1984 Act (power of entry to effect arrest for certain offences), after sub-paragraph (iii) there shall be inserted—
(iiia) section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform);
.
(3) This section has no effect in relation to offences committed before its commencement.
(1) If a constable in uniform has reason to believe that a person has engaged, or is engaging, in anti-social behaviour ..., he may require that person to give his name and address to the constable.
(1A) In subsection (1) “anti-social behaviour” means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).
(2) Any person who—
(a) fails to give his name and address when required to do so under subsection (1), or
(b) gives a false or inaccurate name or address in response to a requirement under that subsection,
is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
51 Independent custody visitors for places of detention
(1) Every local policing body shall—
(a) make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and
(b) keep those arrangements under review and from time to time revise them as they think fit.
(1A) Every local policing body must ensure—
(a) that the arrangements made by it require independent custody visitors to prepare and submit to it a report of any visit made under the arrangements to a suspected terrorist detainee, and
(b) that a copy of any report submitted under paragraph (a) is given to the person appointed under section 36(1) of the Terrorism Act 2006 (independent reviewer of terrorism legislation).
(2) The arrangements must secure that the persons appointed under the arrangements are independent of both—
(a) the local policing body; and
(b) the chief officer of police of the police force maintained by that body.
(3) The arrangements may confer on independent custody visitors such powers as the local policing body considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—
(a) to require access to be given to each police station;
(b) to examine records relating to the detention of persons there;
(ba) in relation to suspected terrorist detainees, to listen to the audio recordings and view the video recordings (with or without sound) of interviews with those detainees which have taken place during their detention there and which were conducted by a constable;
(c) to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
(d) to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
(3A) The arrangements may include provision for access to the whole or part of an audio or video recording of an interview of the kind mentioned in subsection (3)(ba) to be denied to independent custody visitors if—
(a) it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
(b) the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
(c) the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.
(3B) Grounds are not to be specified in any arrangements for the purposes of subsection (3A)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
(4) The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—
(a) it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
(b) the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
(c) the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
(5) Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
(6) The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by local policing bodies and independent custody visitors of their functions under the arrangements.
(7) Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(aa) the Mayor's Office for Policing and Crime;
(ab) the Common Council of the City of London;
(b) the National Police Chiefs' Council; and
(c) such other persons as he thinks fit.
(8) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
(9) Local policing bodies and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.
(10) In this section—
“detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the local policing body;
“suspected terrorist detainee” means a detainee detained under section 41 of the Terrorism Act 2000.
52 Detention reviews for detained persons who are asleep
(1) In section 40 of the 1984 Act (review of police detention), in subsection (8) for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (8A) ”.
(2) After that subsection there shall be inserted—
(8A) The modifications are—
(a) the substitution of references to the person whose detention is under review for references to the person arrested;
(b) the substitution of references to the review officer for references to the custody officer; and
(c) in subsection (6), the insertion of the following paragraph after paragraph (a)—
“(aa) asleep;”
(3) In subsection (10) of that section—
(a) for “(6)” there shall be substituted “ (6B) ”; and
(b) for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (10A) ”.
(4) After that subsection there shall be inserted—
(10A) The modifications are—
(a) the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and
(b) in subsection (5), the insertion of the following paragraph after paragraph (a)—
“(aa) asleep;”
53 Persons suspected of offences connected with transport systems
(1) In section 34(6) of the 1984 Act (persons treated as arrested for an offence), after “1988” there shall be inserted “ or section 30(2) of the Transport and Works Act 1992 (c. 42) ”.
(2) In section 62(11) of that Act (provisions of the Road Traffic Act 1988 (c. 52) relating to the taking of specimens not to be affected by provisions of that section)—
(a) for “affects” there shall be substituted “ applies to the taking of a specimen for the purposes of any of the provisions of ”; and
(b) after “Road Traffic Act 1988” there shall be inserted “ or of sections 26 to 38 of the Transport and Works Act 1992 ”.
54 Persons authorised to take intimate samples from persons in police detention
(1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—
(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
(9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
(a) a registered medical practitioner; or
(b) a registered health care professional.
(2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of “registered dentist” there shall be inserted—
“registered health care professional” means a person (other than a medical practitioner) who is—
(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;
.
(3) After that subsection, there shall be inserted—
(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In subsection (4) of section 7 of the Road Traffic Act 1988 (constable to decide if specimen is of blood or urine) for the words from “shall be decided” onwards there shall be substituted “ and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement ”.
(2) After that subsection there shall be inserted—
(4A) Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
(a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
(b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;
and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.
(3) In subsection (2) of section 11 of that Act (interpretation of sections 3A to 10 of that Act), after the definition of “prescribed limit” there shall be inserted—
“registered health care professional” means a person (other than a medical practitioner) who is—
(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
(4) After that subsection there shall be inserted—
(2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) For subsection (4) of that section there shall be substituted—
(4) A person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him; and
(b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.
56 Specimens taken from persons incapable of consenting
(1) After section 7 of the Road Traffic Act 1988 (c. 52) there shall be inserted—
Specimens of blood taken from persons incapable of consenting
7A (1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—
(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;
(b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;
(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
(d) it appears to that constable that that person’s incapacity is attributable to medical reasons.
(2) A request under this section—
(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
(b) shall not be made to a medical practitioner other than a police medical practitioner unless—
(i) it is not reasonably practicable for the request to made to a police medical practitioner; or
(ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
(3) It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b) to provide the sample to a constable.
(4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
(a) has been informed that it was taken; and
(b) has been required by a constable to give his permission for a laboratory test of the specimen; and
(c) has given his permission.
(5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.
(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.
(7) In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.
(2) In section 9 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—
(a) has been notified of the proposal to take the specimen or to make the requirement; and
(b) has not objected on the ground specified in subsection (2).
(2) The ground on which the medical practitioner may object is—
(a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and
(b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.
(3) In section 34(3) of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for certain offences where offender has previous conviction)—
(a) the word “and” at the end of paragraph (b) shall be omitted; and
(b) after paragraph (c) there shall be inserted—
(d) section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;
.
(4) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which sections 1, 11 and 12(1) of that Act apply), in the Table, after the entry beginning “RTA section 7” there shall be inserted—
RTA section 7A | Failing to allow specimen of blood to be subjected to laboratory test | Sections 11 and 12(1).
(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 7” there shall be inserted—
RTA section 7A | Failing to allow specimen to be subjected to laboratory test | Summarily | (a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both. (b) In any other case, 3 months or level 4 on the standard scale or both | (a) Obligatory in the case mentioned in column 4(a) (b) Discretionary in any other case | Obligatory | 3-11, in case ment-ioned in column 4(a) 10, in any other case.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57 Use of specimens taken from persons incapable of consenting
(1) In subsection (2) of section 15 of the Road Traffic Offenders Act 1988 (c. 53) (evidence of blood alcohol level)—
(a) after “provided by” there shall be inserted “ or taken from ”; and
(b) after the word “provided”, in the second place where it occurs, there shall be inserted “ or taken ”.
(2) In subsection (3)(a) of that section (rebutting the assumption in subsection (2)), after “provided the specimen” there shall be inserted “ or had it taken from him ”.
(3) In subsection (4) of that section (circumstances in which a specimen of blood is to be disregarded), for the words from “unless” to the end there shall be substituted
unless—
(a) it was taken from the accused with his consent and either—
(i) in a police station by a medical practitioner or a registered health care professional; or
(ii) elsewhere by a medical practitioner;
or
(b) it was taken from the accused by a medical practitioner under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.
(4) After subsection (5) of that section, there shall be inserted—
(5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
(5) In subsection (1) of section 16 of that Act (documentary evidence as to specimens), after “15(5)” there shall be inserted “ and (5A) ”.
(6) In subsection (2) of that section (documentary evidence as to consent), after the words “medical practitioner”, in both places where they occur, there shall be inserted “ or a registered health care professional ”.
58 Equivalent provision for offences connected with transport systems
(1) In subsection (6) of section 31 of the Transport and Works Act 1992 (c. 42) (constable to decide if specimen is of blood or urine), for the words from “shall be decided” onwards there shall be substituted “ and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (6A)) by the constable making the requirement ”.
(2) After that subsection there shall be inserted—
(6A) Where a constable decides for the purposes of subsection (6) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
(a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
(b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner,
and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.
(3) After subsection (9) of that section there shall be inserted—
(9A) In this section “health care professional” means a person (other than a medical practitioner) who is—
(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
(9B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(9C) An order under subsection (9A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) After section 31 of that Act there shall be inserted—
Specimens of blood taken from persons incapable of consenting
31A (1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—
(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test;
(b) it appears to that constable that that person has been involved in—
(i) an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or
(ii) a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances;
(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
(d) it appears to that constable that that person’s incapacity is attributable to medical reasons.
(2) A request under this section—
(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
(b) shall not be made to a medical practitioner other than a police medical practitioner unless—
(i) it is not reasonably practicable for the request to made to a police medical practitioner; or
(ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
(3) It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b) to provide the sample to a constable.
(4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
(a) has been informed that it was taken; and
(b) has been required by a constable to give his permission for a laboratory test of the specimen; and
(c) has given his permission.
(5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission, may render him liable to prosecution.
(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.
(7) In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.
(5) In section 33 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 31A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—
(a) has been notified of the proposal to take the specimen or to make the requirement; and
(b) has not objected on the ground specified in subsection (2).
(2) The ground on which the medical practitioner may object is—
(a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 31(9) of this Act would be prejudicial to the proper care and treatment of the patient; and
(b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 31A(5) of this Act would be so prejudicial.
(6) In subsection (1)(a) of section 34 of that Act (evidence of blood alcohol level) after “provided by” there shall be inserted “ or taken from ”.
(7) In subsection (2)(a) of that section (rebutting the assumption in subsection (1)(b)), after “provided the specimen” there shall be inserted “ or had it taken from him ”.
(8) After subsection (3) of that section there shall be substituted—
(3A) Where a specimen of blood was taken from the accused under section 31A, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution in the proceedings unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
(9) In section 35(3) of that Act (documentary evidence as to consent) after the words “practitioner”, in both places where it occurs, there shall be inserted “ or a registered health care professional ”.
(10) After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted—
(2A) In this Chapter “registered health care professional” means a person (other than a medical practitioner) who is—
(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
(2B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(2C) An order under subsection (2A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) For subsection (5) of that section there shall be substituted—
(5) For the purposes of this Chapter, a person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him; and
(b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.
59 Vehicles used in manner causing alarm, distress or annoyance
(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).
(3) Those powers are—
(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) power to seize and remove the motor vehicle;
(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;
(d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section—
“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
60 Retention etc. of vehicles seized under section 59
(1) The Secretary of State may by regulations make provision as to—
(a) the removal and retention of motor vehicles seized under section 59; and
(b) the release or disposal of such motor vehicles.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for the giving of notice of the seizure of a motor vehicle under section 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;
(b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;
(c) for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
(d) as to the circumstances in which a motor vehicle seized under section 59 may be disposed of;
(e) as to the destination—
(i) of any fees or charges payable in accordance with the regulations; and
(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;
(f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.
(3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
(a) the use by reference to which the motor vehicle in question was seized was not a use by him; and
(b) he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.
(4) In this section—
“local authority”—
in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London; and
in relation to Wales, means the council of a county or county borough;
“motor vehicle” has the same meaning as in section 59.
(1) In section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated place), after subsection (3) there shall be inserted—
(3A) The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—
(a) any area in or in the vicinity of any policed premises; or
(b) the whole or any part of any such premises;
and references in subsection (3) to the specified area shall have effect accordingly.
(2) In subsection (5) of that section (interpretation)—
(a) before the definition of “local authority” there shall be inserted—
“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
and
(b) after the definition of “local authority” there shall be inserted—
“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;
.
76 Amendments to Part 3 of the Road Traffic Offenders Act 1988
(1) Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 75(1) (conditional offers in England and Wales), at the end there shall be inserted “or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.”
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In section 87 (guidance from the Secretary of State), after “areas” there shall be inserted “ and to the chief constable of the British Transport Police ”.
(6) In section 89 (interpretation of Part 3), after the definition of “authorised person” there shall be inserted—
“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);
.
77 Application of the Police (Property) Act 1897 to NCS
(1) After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—
Application to NCS
2A (1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.
(2) In relation to property that has come into the possession of the National Crime Squad—
(a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and
(b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.
(3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—
(a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and
(b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.
(2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—
(2B) The relevant authority for the purposes of subsection (2A) is the police authority.
78 Ministry of Defence police serving with other forces
After section 2A of the Ministry of Defence Police Act 1987 (c. 4) (provision of assistance to other forces) there shall be inserted—
Constables serving with other forces
2B (1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.
(2) The member of the Ministry of Defence Police—
(a) shall be under the direction and control of the chief officer of the relevant force; and
(b) shall have the same powers and privileges as a member of that force.
(3) In this section—
“British Transport Police Force” has the same meaning as in section 2 above;
“chief officer” means—
any chief officer of police of a police force for a police area in Great Britain;
the chief constable of the Police Service of Northern Ireland;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the chief constable of the British Transport Police Force; or
the chief constable of the United Kingdom Atomic Energy Authority Constabulary;
“relevant force” means—
any police force for a police area in Great Britain;
the Police Service of Northern Ireland;
the National Criminal Intelligence Service;
the National Crime Squad;
the British Transport Police Force; or
the United Kingdom Atomic Energy Authority Constabulary;
“United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.
(1) After section 3 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
Regulations relating to disciplinary matters
3A (1) The Secretary of State shall by regulations made by statutory instrument establish, or make provision for the establishment of, procedures for cases in which a member of the Ministry of Defence Police may be dealt with by suspension, dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.
(2) The regulations may provide—
(a) for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead—
(i) by a person or persons appointed in accordance with the regulations; or
(ii) by the Ministry of Defence Police Committee;
and
(b) for decisions taken by or on behalf of the Secretary of State or the chief constable of the Ministry of Defence Police to be reviewed by a person or persons appointed by or in accordance with the regulations.
(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or
(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) After section 4 of that Act there shall be inserted—
Appeals against dismissal etc.
4A (1) Subject to subsection (2) below, a member of the Ministry of Defence Police who is dismissed, required to resign or reduced in rank by a decision taken—
(a) in proceedings under regulations made in accordance with section 3A above, or
(b) in proceedings for the purposes of any procedures established in accordance with an agreement or order under section 60 of the Police (Northern Ireland) Act 1998 (c. 32),
may appeal to an appeals tribunal.
(2) Subsection (1) above does not apply in the case of a person who has a right to apply to some other person for a review of the decision; and in that case that person may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
(3) The Secretary of State may by regulations made by statutory instrument—
(a) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77);
(b) make provision as to procedure on appeals to appeals tribunals under this section; and
(c) make provision enabling an appeals tribunal to require any person to attend a hearing and to give evidence or produce documents.
(4) Regulations made by virtue of subsection (3)(c) above may, in particular, apply subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) or subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) with such modifications as may be set out in the regulations.
(5) Where an appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way which—
(a) appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and
(b) is a way in which he could have been dealt with by the person who made the decision.
(6) Any statutory instrument containing regulations under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section “an appeals tribunal” means a tribunal constituted in accordance with regulations under subsection (3) above.
(3) In section 1 of that Act (establishment of Ministry of Defence Police), for subsection (5) there shall be substituted—
(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—
(a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and
(b) to exercise such other functions as may be conferred on it by or under this Act;
and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.
(4) After section 6 of that Act there shall be inserted—
Powers to make regulations
6A Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.
Before section 5 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
Functions of inspectors of constabulary
4B (1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police.
(2) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection.
(3) A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police.
(4) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.
(5) Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.
(6) In this section—
“the inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16);
“the Scottish inspectors” means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77).
Publication of reports
4C (1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate.
(2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.
(3) The Secretary of State shall—
(a) send a copy of the published report to the chief constable of the Ministry of Defence Police; and
(b) invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.
(4) The Secretary of State shall arrange for—
(a) any comments submitted by the chief constable in accordance with subsection (3) above, and
(b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,
to be published in such manner as he considers appropriate.