OpenLegislation

Section 44E Authorised personsF1

(1)

In this Chapter, each of the following is an “authorised person”—

(a)

a constable of a police force in England and Wales;

(b)

a member of staff appointed by the chief officer of police of a police force in England and Wales;

(c)

an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police;

(d)

a constable of the British Transport Police Force;

(e)

an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003;

(f)

a constable of the Ministry of Defence police;

(g)

a National Crime Agency officer;

(h)

a person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002;

(i)

a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in any of paragraphs (a) to (h).

(2)

The Secretary of State may by regulations made by statutory instrument amend subsection (1)—

(a)

so as to add a reference to a person;

(b)

so as to remove a reference to a person;

(c)

so as to modify a description of a person mentioned.

(3)

Regulations under subsection (2) may contain transitional, transitory or saving provision.

(4)

A statutory instrument containing regulations under subsection (2)(a) or (b) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1

Pt. 2 Ch. 3A inserted (12.1.2026) by Victims and Prisoners Act 2024 (c. 21), ss. 28, 81(2) (with s. 32); S.I. 2025/1168, reg. 3(a)