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Paragraph 14 Liability for acts of police members of staff

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

The Authority shall be liable in respect of F1any unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the staff of the Authority in like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment; and accordingly the Authority shall F2, in the case of a tort, be treated for all purposes as a joint tortfeasor.

(2)

In this paragraph “seconded constables” means constables serving as members of the staff of the Authority without being employees of the Authority.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 14(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(a)(2); S.I. 2002/2306, art. 2

F2

Words in Sch. 3 para. 14(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(b)(2); S.I. 2002/2306, art. 2

Modifications

C1

Sch. 3 para. 14(1) excluded (prosp.) by Health and Safety at Work etc. Act 1974 (c. 37), s. 51A(2B) (as inserted (prosp.) by Police Reform Act 2002 (c. 30), ss. 95(4), 108)

Notes on Schedule 3

Textual amendments

F1

Sch. 3 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 13 para. 6, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q)