Police (Health and Safety) Act 1997
After section 51 of the Health and Safety at Work etc. Act 1974 there is inserted—
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—.
In Part V of the Employment Rights Act 1996 (protection from suffering detriment in employment) after section 49 there is inserted—
In Chapter III of Part X of the Employment Rights Act 1996 (right not to be unfairly dismissed) after section 134 there is inserted—
There shall be paid out of the relevant fund—
any damages, costs or expenses awarded against the responsible officer in any proceedings brought against him by virtue of section 51A(1) of the Health and Safety at Work etc. Act 1974 in respect of a breach of health and safety regulations and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings,
any sum required in settlement of any claim made against the responsible officer by virtue of section 51A(1) of that Act in respect of an alleged breach of health and safety regulations, if the settlement is approved by the relevant authority,
any compensation, costs or expenses awarded against the responsible officer in any proceedings brought against him— and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings, and
under section 48 of the Employment Rights Act 1996 by virtue of section 49A of that Act, or
under section 111 of that Act by virtue of section 134A of that Act,
any sum required in settlement of any claim made against the responsible officer as mentioned in paragraph (c)(i) or (ii) above, if the settlement is approved by the relevant authority.
Any fine imposed on the responsible officer on conviction of an offence under Part I of the Health and Safety at Work etc. Act 1974 by virtue of section 51A(1) of that Act, any costs or expenses ordered to be paid by him on conviction of such an offence and any costs or expenses incurred by him in connection with proceedings for such an offence may, with the approval of the relevant authority, be paid out of the relevant fund.
In this section—
“health and safety regulations” has the same meaning as in Part I of the Health and Safety at Work etc. Act 1974;
“health and safety regulations” has the same meaning as in Part I of the Health and Safety at Work etc. Act 1974;
“the relevant authority” means—
“the relevant fund” means—
in relation to any other responsible officer, money provided by the relevant authority;
in relation to a chief officer of police in Scotland, the police authority or, in the case of a combined area, the joint police board (within the meaning of the Police (Scotland) Act 1967),
in relation to the chief constable of the Police Service of Scotland, money provided by the Scottish Police Authority, and
in relation to any other responsible officer, the authority by whom the constables or cadets in question are paid;
in relation to a chief officer of police, the police fund,
in relation to the chief constable of the Police Service of Scotland, the Scottish Police Authority, and
“the relevant authority” means—
in relation to a chief officer of police in England and Wales, the local policing body ,
...
in relation to a chief officer of policein England and Wales, the police fund,
In section 53(1) of the Health and Safety at Work etc. Act 1974 (general interpretation of Part I), in the definition of “employee” after “employment” there is inserted “ or is treated by section 51A as being an employee ”.
In section 200 of the Employment Rights Act 1996 (which specifies provisions of the Act which do not apply to employment under a contract of employment in police service or to persons engaged in such employment), in subsection (1)—
the word “44” is hereby repealed, and
after “Part X” there is inserted “ (except sections 100 and 134A and the other provisions of that 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) ”.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of sections 1 to 6 above—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of money provided by Parliament—
any expenses of the Secretary of State attributable to the provisions of this Act, and
any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
This Act may be cited as the Police (Health and Safety) Act 1997.
This Act, apart from sections 7 and 8 and this section, shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
Section 7 extends to Northern Ireland, but the other provisions of this Act do not extend there.