Paragraph 3

England and Wales

(1)

This paragraph applies where at any time—

(a)

in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;

(b)

in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the F1monitorof the secure training centre that the officer is not a fit and proper person to perform custodial duties; or

(c)

in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the governor of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

(2)

The escort monitor F2, monitor or governor may—

C1(a)

refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b)

in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

(3)

The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 3(1)(b)(c) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 113(1)(a)(b) (with Sch. 9); S.I. 1998/2327, art. 2
F2: Words in Sch. 2 para. 3(2) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 113(2) (with Sch. 9); S.I. 1998/2327, art. 2

Modifications

C1: Sch. 2 para. 3(2)(a): Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(ii)