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Section 23AA Force collaboration provision about civilian employeesF1F2C1

England, Wales and Scotland

(1)

This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by F3persons designated under section 38 of the Police Reform Act 2002 (“designated persons”) by the chief officer of one police force (the “assisting force”) for the purposes of another police force (the “assisted force”).

(2)

The force collaboration provision must specify—

(a)

the functions which the F4designated persons are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and

(b)

any restrictions or conditions on that permission for the designated persons to discharge those functions.

(3)

The force collaboration provision must not permit the F5designated persons to discharge functions for the purposes of the assisted force unless F6those persons are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.

(4)

The force collaboration provision does not authorise the F7designated persons to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).

(5)

References in this section to the discharge of functions by F8persons designated under section 38 of the Police Reform Act 2002 by the chief officer of the assisting force for the purposes of the assisted force include references to—

(a)

the joint discharge of functions by the F9designated persons and members of the assisted police force,

(b)

the discharge of functions by the designated persons in the assisted force's area, and

(c)

the provision of the designated persons to the assisted force.

(6)

In this section—

  • F10...

  • “relevant section 38 designation”, in relation to a F11designated person, means the section 38 designation relating to F12the person;

  • “section 38 designation” means a designation under section 38 of the Police Reform Act 2002.

Annotations

Textual amendments

F1

Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

F2

S. 23AA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 13 para. 1; S.I. 2011/3019, art. 3, Sch. 1

F3

Words in s. 23AA(1) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F4

Words in s. 23AA(2) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F5

Words in s. 23AA(3) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(c)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F6

Words in s. 23AA(3) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(c)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F7

Words in s. 23AA(4) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(d); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F8

Words in s. 23AA(5) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(e)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F9

Words in s. 23AA(5)(a)-(c) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(e)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F10

Words in s. 23AA(6) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(f); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F11

Words in s. 23AA(6) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(g)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F12

Words in s. 23AA(6) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(g)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Modifications

C1

Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

Notes on General provisions

Textual amendments

F1

S. 22A cross-heading inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 22; S.I. 2011/3019, art. 3, Sch. 1