OpenLegislation

Paragraph 1 Extension of power to appoint special constables nominated by the Admiralty, Army Council or Air Council.C2C1

(1)

The power conferred by section three of the M1Special Constables Act 1923, to appoint persons F1nominated by the F2Defence Council, to be special constables within the places and limits therein mentioned shall extend to the appointment of persons so nominated to be special constables in, and within fifteen miles of, any other premises in Great Britain which are for the time being in the possession or under the control of the Defence Council, the Secretary of State for Defence or the Minister of Supply, or are for the time being used for or in connection with naval, military or air force purposes, and the said section three shall have effect accordingly.

(2)

A resident magistrate within the meaning of the M2Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935, may appoint such persons as may be nominated for the purpose by the F3the Defence Councilan authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923 to be special constables at any premises in Northern Ireland which are, for the time being, in the possession or under the control of F4the Defence Council, the Secretary of State for Defence or the Minister of Supply or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes; and every person so appointed shall make a declaration before the resident magistrate duly to execute the office of constable at the premises aforesaid, and, when he has made that declaration, shall at those premises have the same powers and privileges and be liable to the same duties and responsibilities as a constable in Northern Ireland.

Special constables appointed under this paragraph shall be under the exclusive control of the authority on whose nomination they are appointed and that authority shall have power to suspend or terminate the appointment of any such special constable.

. . . F5

(3)

Any appointment made by virtue of Regulation forty AA of the Defence (General) Regulations 1939, and in force immediately before the date on which this Act comes into force, shall be deemed to have been made by virtue of the preceding provisions, and any special constable who, immediately before that date, is authorised by paragraph (3) of the said Regulation to act within the premises and limits mentioned in sub-paragraph (1) hereof, shall continue to be authorised so to act.

Annotations

Textual amendments

F1

In Sch. 2 para. 1(1) Words “nominated by the Defence Council”; “so nominated”; “other”; “the Defence Council, the Secretary of State for Defence or”; and “or are for the time being used for or in connection with naval, military or air force purposes” repealed (E.W.S.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(a)

F2

Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3

In Sch. 2 para. 1(2) Words “an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923” substituted (N.I.) for the words “the Defence Council” by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(i)

F4

In Sch. 2 para. 1(2) “the Defence Council, the Secretary of State for Defence or” and “or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes” repealed (N.I.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(ii)

F5

Definition of “appropriate authority” repealed by S.I. 1964/488, Sch. 1 Pt. I

Marginal citations

M1

1923 c. 11.

M2

1935 c. 13(N.I.)

Modifications

C1

Functions of Minister of Supply now exercisable by Secretary of State: (a) in connection with the exercise of functions under the Atomic Energy Act 1946 (c. 80) and Atomic Energy Authority Act 1954 (c. 32): S.I. 1953/1673 (1953 I, p. 1222), 1957/561 (1957 I, p. 1435), 1959/1826 (1959 I, p. 1791), art. 2, 1964/490, art. 2, 1964/2048 and 1970/1537, art. 2, Sch. 1 Pt. II para. 7; (b) otherwise than in connection with those functions: S.I. 1959/1768 (1959 I, p.1793), art. 3, 1967/155, 1970/1537, art. 3 and 1971/719

C2

Sch. 2 para. 1 extended by S.I. 1964/488, Sch.1 Pt. I, S.I. 1965/1536, art. 6, (N.I.) Atomic Energy Authority Act 1954 (c. 32), s. 9(8), Sch. 3, Nuclear Installations Act 1965 (c.57), Sch. 1 paras. 4, 7(b), Atomic Energy Authority Act 1971 (c. 11), s. 19