Police (Health and Safety) Act 1997
| Year | 1997 |
Police (Health and Safety) Act 1997
1997 Chapter 42
An Act to make provision about the health, safety and welfare at work of members of police forces, special constables, other persons having the powers or privileges of a constable, and police cadets and for connected purposes.
[21st March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Application of Part I of Health and Safety at Work etc. Act 1974 to police.
1. After section 51 of the Health and Safety at Work etc. Act 1974there is inserted—
51A ‘Application of Part to police.
(1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.
(2) In this section ‘the relevant officer’—
(a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,
(b) in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Inte lligence Service or, as the case may be, the Director General of the National Crime Squad, and
(c) in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.
(3) For the purposes of regulations under section 2(4) above—
(a) the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,
(b) the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and
(c) any body recognised by the Secretary of State for the pu rposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.
(4) Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.’
2 Meaning of ‘at work’ in relation to constables.
2. In section 52 of the Health and Safety at Work etc. Act 1974(meaning of work and at work) in subsection (1) for the word ‘and’ at the end of paragraph (b) there is substituted—
‘(bb) a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise and’.
3 Right of police not to suffer detriment in health and safety cases.
3. In Part V of the Employment Rights Act 1996(protection from suffering detriment in employment) after section 49 there is inserted—
‘Application to police of rights relating to health and safety
49A Application to police of section 44 and related provisions.
(1) For the purposes of section 44, and of sections 48 and 49 so far as relating to that section, the holding, otherwise than under a contract of employment, of the o ffice of constable or an appointment as police cadet shall be treated as employment by the relevant officer under a contract of employment.
(2) In this section ‘the relevant officer’—
(a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,
(b) in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad, and
(c) in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.’
4 Right of police not to be dismissed on certain grounds relating to health and safety.
4. In Chapter III of Part X of the Employment Rights Act 1996(right not to be unfairly dismissed) after section 134 there is inserted—
134A ‘Application to police.
(1) For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as...
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