At present, in England and Wales, Home Office police constables make an attestation under the Police Act 1996. In Scotland, police constables make a declaration under the Police (Scotland) Act 1967. Attestations and declarations are oaths made by persons who have been appointed as a police constable. In England and Wales, constables attest that they will serve the Queen, uphold human rights and preserve and prevent all offences against people and property. In Scotland, constables declare that they will faithfully discharge the duties of the office of constable.

Clause 23 provides that the authority shall appoint constables, and clause 24 provides that the authority can appoint special constables. Both clauses apply the existing attestation and declaration used in the respective countries to BTP officers and special constables.

The amendments are necessary to make it clear that the clauses apply the declaration or attestation to BTP constables, depending on where they are appointed. Amendments Nos. 64 to 67 make it clear that a single attestation or declaration by a BTP constable will be sufficient; he will not need to make both. For example, when a BTP officer in Scotland is appointed, he will make a declaration under Scottish law. He will not then need to make an attestation under the law of England and Wales should he need to cross the border. Thus, a BTP constable will have the powers and privileges of a constable throughout Great Britain by virtue of clause 29(1). Amendment No. 36 solely concerns the BTP constable's declaration under the Police (Scotland) Act 1967. At the moment, clause 23(4) refers to special constables. That is incorrect. The amendment ensures that BTP constables appointed in Scotland will make a declaration.