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Justice Department
Police Division Identity No: Police Circular No: 8/2005 Title: Chief Officer Liability for Health and Safety Addressed to: Chief Constables Chief Executives,
Dumfries & Galloway Council
And Fife Council
Clerks to the Joint Police Boards | St. Andrew's House
Regent Road
Edinburgh EH1 3DG Telephone: 0131 244-2155
Fax: 0131-244 2666 George.Vine@Scotland.gsi.gov.uk
http://www.scotland.gov.uk Our ref: DCC/8/40 |
Issued: 18 May 2005 Topic: Health and Safety
Implementation: 7 April 2005
Impact: 1 July 1998
Contact(s) for more information: George Vine (Tel: 0131 244 2155)
(at the above address)
Dear Colleague
Purpose of the circular: To advise chief constables of changes to the circumstances where forces and Chief Constables are liable for breaches of the Health and Safety at Work etc. Act 1974 (the "1974 Act"), following the granting of Royal Assent to the Serious Organised Crime and Police Act 2005.
Responsibilities in relation to the health and safety etc. of police
Section 51A of the 1974 Act has been amended with effect from 7 April 2005 by section 158 of the Serious Organised Crime and Police Act 2005. This provides that in relation to the 1974 Act a chief constable will be treated as a "juristic person distinct from the individual who for the time being is the office-holder".
The effect of this is that chief constables will not ordinarily be held personally liable for beaches of the 1974 Act within their force. A prosecution under the 1974 Act will now be pursued against the "office of chief constable" rather than against the individual who holds that post for the time being. However, the chief constable for the time being may be prosecuted in a personal capacity if it can be shown that he personally consented to the commission of an offence or personally connived in its commission, or was personally negligent.
In addition, it is made clear that in relation to contraventions of the 1974 Act, the chief constable will not normally be personally liable in reparation under section 39 of the Police (Scotland) Act 1967 in respect of any wrongful act or omission on the part of any constable under their direction in the performance of their function. However, Chief Constables will still be personally liable if their consent, connivance or personal negligence can be proven.
Section 95 of the Police Reform Act 2002 (which is not yet in force) shall cease to have effect from 7 April 2005.
These changes are retrospective to 1 July 1998, the date at which the Police (Health and Safety) Act 1997 became law, but do not apply to any ongoing proceedings that commenced before 7 April 2005.
George Vine
Police Division