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The Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007

S.I. 2007/3202 · Made 8 November 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

POLICE, ENGLAND AND WALES

Made 8th November 2007

Coming into force 1st December 2007

The Secretary of State makes the following Order in exercise of the powers conferred by section 38A(1) of and paragraph 1(3)(b) of Part 1 and paragraph 36(2) of Part 5 of Schedule 4 to the Police Reform Act 2002f1.

In accordance with section 38A(3) of that Act, he has consulted with the Association of Police Authorities and the Association of Chief Police Officers.

In accordance with section 38A(4) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2002 c.30, Section 38A was inserted by section 7(2) of the Police and Justice Act 2006 (c. 48). Paragraph 1(3)(b) is amended by paragraph 5(2)(b) of Schedule 5 to the Police and Justice Act 2006. Paragraph 36(2) is substituted by paragraph 5(13) of Schedule 5 to the Police and Justice Act 2006.

Contents

  1. 1Citation, commencement and extent
  2. 2Standard powers and duties of community support officers
  3. 3Standard powers and duties of community support officers
  4. Signature
  5. Schedule STANDARD POWERS AND DUTIES OF COMMUNITY SUPPORT OFFICERS
  6. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007 and shall come into force on 1st December 2007.

(2)

This Order extends to England and Wales.

2Standard powers and duties of community support officers

The provisions of Part 1 of Schedule 4 to the Police Reform Act 2002 mentioned in the Schedule to this Order shall apply to every person who under section 38 of that Act is designated as a community support officer (a “CSO”).

3Standard powers and duties of community support officers

For the purposes of paragraph 1(3)(b) of Part 1 of Schedule 4 to the Police Reform Act 2002, a CSO is designated to enforce the following offences under paragraph 1 of Part 1 of Schedule 4 to that Act—

(a)

an offence under section 72 of the Highway Act 1835f1 (riding on a footway) committed by cycling;

(b)

an offence under section 87 of the Environmental Protection Act 1990f2 (offence of leaving litter); and

(c)

an offence under a dog control order within the meaning of section 55 of the Clean Neighbourhoods and Environment Act 2005.

Signature

Tony McNulty

Minister of State

Home Office

8th November 2007

STANDARD POWERS AND DUTIES OF COMMUNITY SUPPORT OFFICERS

The provisions of Part 1 of Schedule 4 to the Police Reform Act 2002 mentioned in this Schedule are—

(a)

paragraph 1 (powers to issue fixed penalty notices)f1 in so far as it relates to the powers specified in the following provisions of that paragraph–

(i)

sub-paragraph (2)(b) (power to give fixed penalty notices in respect of an offence of riding on a footway committed by cycling);

(ii)

sub-paragraph (2)(d) (power to give fixed penalty notices in respect of litter); and

(iii)

sub-paragraph (2)(e) (power to give fixed penalty notices in respect of offences under dog control orders);

(b)

paragraph 1A (power to require name and address)f2;

(c)

paragraph 3 (power to require name and address of person acting in an anti-social manner)f3;

(d)

paragraph 3A (power to require name and address: road traffic offences)f4;

(e)

paragraph 5 (alcohol consumption in designated public places);

(f)

paragraph 6 (confiscation of alcohol);

(g)

paragraph 7 (confiscation of tobacco etc);

(h)

paragraph 7B (power to seize: controlled drugs)f5;

(i)

paragraph 8 (entry to save life or limb or prevent serious damage to property);

(j)

paragraph 9 (seizure of vehicles used to cause alarm etc);

(k)

paragraph 10 (abandoned vehicles);

(l)

paragraph 11A (power to stop cycles)f6;

(m)

paragraph 11B (power to control traffic for purposes other than escorting a load of exceptional dimensions)f7;

(n)

paragraph 13 (carrying out of road checks);

(o)

paragraph 13A (power to place traffic signs)f8;

(p)

paragraph 14 (cordoned areas);

(q)

paragraph 15 (power to stop and search vehicles etc in authorised areas); and

(r)

paragraph 15ZA (photographing of persons arrested, detained or given fixed penalty notices)f9.

Explanatory note

(This note is not part of the Order)

This Order applies the provisions of Part 1 of Schedule 4 to the Police Reform Act 2002 listed in the Schedule to every person who is designated as a community support officer under section 38 of that Act. The powers and duties contained within these provisions are known as the standard powers and duties of a community support officer.

Article 3 sets out the offences which a community support officer is designated to enforce under paragraph 1 of Part 1 of Schedule 4 to the Police Reform Act 2002 (powers to issue fixed penalty notices).