The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

Cited as:SI 2017/520
Jurisdiction:England & Wales

2017No. 520

EMPLOYMENT, ENGLAND AND WALES

The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

Made3rdApril2017

Laid before Parliament6thApril2017

Coming into force30thApril2017

The Secretary of State makes these Regulations in exercise of the powers conferred by section 114B(1), (2), (5) and (7)(c) of the Police and Criminal Evidence Act 1984( 1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 and come into force on 30th April 2017.

(2) In these Regulations, “PACE” means the Police and Criminal Evidence Act 1984.

Application of PACE

2.—(1) The provisions of PACE set out in regulation 3 apply in relation to investigations of labour market offences( 2) conducted by labour abuse prevention officers( 3) as they apply in relation to investigations of offences by police officers.

(2) Those provisions apply with the modifications specified in the Schedule.

Applicable provisions of PACE

3. The provisions of PACE which apply for the purposes of regulation 2(1) are—

(a) section 1(1) to (3) and (6) (power of constable to stop and search persons, vehicles etc.)( 4);

(b) section 2(1) to (3), (8) and (9) (provisions relating to search under section 1 and other powers);

(c) section 3(1), (2), (6), (6A), (7) and (9) (duty to make records concerning searches)( 5);

(d) section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises)( 6);

(e) section 9(1) and Schedule 1 (special provisions as to access)( 7);

(f) section 15 (search warrants — safeguards)( 8);

(g) section 16 (execution of warrants)( 9);

(h) section 17(1)(a)(i) and (b), (2) and (4) (entry for purpose of arrest etc.)( 10);

(i) section 18 (entry and search after arrest)( 11);

(j) section 19 (general power of seizure etc.)( 12);

(k) section 20 (extension of powers of seizure to computerised information)( 13);

(l) section 21(1) to (9) (access and copying)( 14);

(m) section 22(1), (2)(a), (3), (4) and (7) (retention)( 15);

(n) section 24(1)(b) and (d), (2) to (4) and (5)(a), (b), (c)(i) to (iii), (d), (e) and (f) (arrest without warrant: constables)( 16);

(o) section 28 (information to be given on arrest);

(p) section 29 (voluntary attendance at police station etc.);

(q) section 30(1)(a), (1A), (1B) and (7) to (11) (arrest elsewhere than at police station)( 17);

(r) section 32(1) to (9) (search upon arrest)( 18);

(s) section 43 (warrants of further detention)( 19);

(t) section 44 (extension of warrants of further detention)( 20);

(u) section 77 (confessions by mentally handicapped persons)( 21);

(v) section 117 (power of constable to use reasonable force); and

(w) sections 10 to 14, 23, 82 and 118 (interpretation provisions)( 22), to the extent relevant to the sections mentioned in paragraphs (a) to (v).

Transitional provision

4. Until section 20(2) of the Policing and Crime Act 2017( 23) comes into force, regulation 3(l) is to be read as if for “section 21(1) to (9)” there were substituted “section 21”.

3rd April 2017

Amber Rudd

Secretary of State

Home Office

SCHEDULE

Regulation 2(2)

Modifications of PACE when applied to investigations conducted by labour abuse prevention officers

Introductory

1. The provisions of PACE set out in regulation 3 have effect with the modifications set out in paragraphs 2 to 23.

General modifications

2. Except where expressly provided in these Regulations, each reference to a constable is to be read as, or in the case of sections 8, 9, 15, 16, 43 and 44 and Schedule 1 is to be read as including, a reference to a labour abuse prevention officer.

3. Each reference to “an officer” or “the officer” is to be read as “a labour abuse prevention officer” or “the labour abuse prevention officer”, as the case may be.

4. Except as provided in paragraph 17(b), each reference to an offence is to be read as a reference to a labour market offence.

5. Each reference to an indictable offence is to be read as a reference to a labour market offence which is an indictable offence.

6. Each reference to a criminal investigation is to be read as a reference to a criminal investigation in connection with a labour market offence.

7. Each reference to an offence (including a labour market offence) includes an offence committed, or suspected of having been committed, before the coming into force of these Regulations or of section 114B of PACE.

8. Each reference to a person being charged with an offence is to be read as a reference to a person being charged with an offence by a constable.

9. Each reference to a person being released on bail is to be read as a reference to a person being released on bail by a constable.

10.—(1) Where, under a provision of PACE as applied by these Regulations, a power is exercisable only by or with the authority of a labour abuse prevention officer of at least the grade of senior investigating officer, any labour abuse prevention officer is to be treated as being of the grade of senior investigating officer if the condition in sub-paragraph (2) is met.

(2) The condition is that the labour abuse prevention officer has been authorised by an officer of the Gangmasters and Labour Abuse Authority of at least the grade of director to exercise the power or, as the case may be, to give the authority for its exercise.

Specific modifications

11. Section 1 (power of constable to stop and search persons, vehicles etc.) is to be read as if—

(a) in the heading, the words “, vehicles etc” were omitted;

(b) for subsection (1), there were substituted—

“(1) A constable may exercise any power conferred by this section on any premises which is being searched by a labour abuse prevention officer in reliance on a warrant under section 8 or paragraph 12 of Schedule 1.”;

(c) in subsection (2)—

(i) the words “to (5)” were omitted;

(ii) in paragraph (a)—

(aa) in sub-paragraph (i), for the words “or vehicle” there were substituted “found on the premises”;

(bb) sub-paragraph (ii) were omitted;

(cc) for the words “stolen or prohibited articles” to “below applies” there were substituted “material which might be evidence in relation to a labour market offence”;

(iii) in paragraph (b), the words “or vehicle” were omitted;

(d) in subsection (3)—

(i) the words “or vehicle or anything in or on a vehicle” were omitted; and

(ii) for the words “he will find stolen” to the end there were substituted “the person to be searched has concealed on him material which might be evidence in relation to a labour market offence.”;

(e) after subsection (3), there were inserted—

“(3A) This section only gives a labour abuse prevention officer a power to search to the extent that is reasonably required for the purpose of discovering any such material.”; and

(f) in subsection (6)—

(i) for the words “an article” there were substituted “material, other than an item subject to legal privilege,”;

(ii) for the words from “a stolen” to “below applies” there were substituted “evidence of a labour market offence or to have been obtained in consequence of a labour market offence”;

(iii) at the end, there were inserted “if it is necessary to do so in order to prevent it being concealed, lost, altered or destroyed”.

12. Section 2 (provisions relating to search under section 1 and other powers) is to be read as if—

(a) in subsection (1)—

(i) the words “or vehicle” were omitted;

(ii) in paragraph (a), the word “or” were omitted; and

(iii) paragraph (b) were omitted;

(b) in subsection (2)—

(i) the words “, other than a search of an unattended vehicle,” were omitted;

(ii) in paragraph (a), the word “or” were omitted;

(iii) paragraph (b) were omitted;

(iv) the words “, subject to subsection (4) below,” were omitted;

(v) for the words “the appropriate person” there were substituted “the person proposed to be searched”;

(vi) in paragraph (i) (which appears after the words “the appropriate person”), the words “if the constable is not in uniform” were omitted; and

(vii) in paragraph (ii), the words “whether he is in uniform or not,” were omitted;

(c) in subsection (3)—

(i) in paragraph (a), the words “and the name” to the end were omitted; and

(ii) in paragraph (d), for “section 3(7)” to the end there were substituted “section 3(7) below”;

(d) in subsection (8), the words “or vehicle” were omitted in both places;

(e) for subsection (9), there were substituted—

“(9) The power conferred by section 1 above is not to be construed as authorising a labour abuse prevention officer to require a person to remove any of his clothing, other than an outer coat, jacket or gloves, but it does authorise a search of a person's mouth.”; and

(f) after subsection (9), there were inserted—

“(9A) No person may be searched except by a person of the same sex.”.

13. Section 3 (duty to make records concerning searches) is to be read as if—

(a) in subsection (1)—

(i) for the words “any such power” to “Aviation Security Act 1982,” there were substituted “the power conferred by section 1 above”; and

(ii) for the words “unless it is not practicable to do so” there were substituted “as soon as practicable”;

(b) for subsection (2) there were substituted—

“(2) If the search results in the person who was searched being—

(a) arrested by a labour abuse prevention officer;

(b) delivered into the custody of a constable under section 30(1A); and

(c) taken to a police station,

the labour abuse prevention officer shall provide the record to the custody officer who shall make the record as part of the person's custody record.”;

(c) in subsection (6)—

(i) the words “or a vehicle” were omitted;

(ii) in paragraph (a)(v), the words “except in the case of a search of an unattended vehicle,” were omitted;

(d) in subsection (7), the words “if a record of a search of a person has been made under this section,” were omitted; and

(e) in subsection (9), the words “and (8)” were omitted.

14. Section 16...

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