OpenLegislation

Section 209 Duty of law enforcement employers to check advisory listsI1I2

United Kingdom

(1)

Before employing or appointing any person, a law enforcement employer must check each advisory list to ascertain whether the proposed employee or proposed appointee is included in an advisory list.

(2)

For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person.

(3)

Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each advisory list to ascertain whether the person is included in an advisory list.

(4)

The duty in subsection (1) applies to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police.

(5)

In subsection (4) the reference to the Secretary of State is to be read in accordance with section 206(1)(i).

(6)

In this section “advisory list” means—

(a)

the police advisory list maintained under Part 4A of the Police Act 1996;

(b)

the British Transport Police advisory list;

(c)

the Civil Nuclear Constabulary advisory list;

(d)

the Ministry of Defence Police advisory list;

(e)

the National Crime Agency advisory list;

(f)

the Scottish police advisory list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

Annotations

Commencement

I1

S. 209 not in force at Royal Assent, see s. 255(1)

I2

S. 209 in force at 21.9.2026 by S.I. 2026/960, reg. 2(f)