Clause 38 - Supplementary provisions relating to designations and accreditations
Police Reform Bill [Lords]
Public Bill Committees, 25 June 2002, 12:45 pm
Amendments made: No. 217, in page 37, line 23, leave out
'or accreditation under section 35 or'
and insert
'under section 35 or (Police powers for contracted-out staff) or his accreditation under section'
No. 218, in page 37, line 27, after '35' insert
'or (Police powers for contracted-out staff)'
No. 219, in page 37, line 37, after '35' insert
', (Police powers for contracted-out staff)'
No. 220, in page 37, line 40, at end insert—
'(4A) Where any person's designation under section (Police powers for contracted-out staff) is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in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.'.
No. 221, in page 37, line 46, leave out subsection (6) and insert—
'(6) For the purposes of determining liability for the unlawful conduct of employees of a police authority, conduct by such an employee in reliance or purported reliance on a designation under section 35 shall be taken to be conduct in the course of his employment by the police authority; and, in the case of a tort, that authority shall fall to be treated as a joint tortfeasor accordingly.'.
No. 222, in page 38, line 10, leave out 'an employee' and insert 'employees'.
No. 223, in page 38, line 11, leave out 'member' and insert 'employee'.
No. 224, in page 38, line 14, at end insert—
'(8) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section (Police powers for contracted-out staff)), 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.
(9) 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 37 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.'.—[Mr. Denham.]
Clause 38, as amended, and clauses 39 and 41 ordered to stand part of the Bill.
