The Act Schedule 6: Specific offences which are arrestable offences Part 6: Miscellaneous Section 102: Liability for wrongful acts of constables etc.
512.This section clarifies the liabilities of chief officers of police in the UK, the Home Secretary, the Directors General of NCIS and the NCS, the Secretary of State for Northern Ireland, the Police Ombudsman of Northern Ireland, the Central Police Training and Development Agency and the Police Information Technology Organisation by making them liable for any unlawful conduct of those whom they employ or whom act under their control.
513.Subsection (1) substitutes the words “any unlawful conduct of” for each reference to “torts committed by” in the sections and Schedules listed in subsection (2). It also replaces “in respect of any such tort” with “, in the case of a tort,” in those sections and Schedules. Subsection (3) makes similar provision covering the Police Information Technology Organisation. Subsections (7) and (8) make similar provision for Scotland.
514.Subsection (4) substitutes the words “any unlawful conduct of” for each reference to “a tort committed by” in the sections and Schedules listed in subsection (5).
515.Section 42(6)(a) of the Police Act 1997 ensured that section 42(1), regarding the liability of the Director General of NCIS, applied to Scotland by making necessary modifications to that section. As a result of the changes in this section of this Act, separate provision regarding Scotland is no longer necessary (section 42(1) as amended will apply equally), so subsection (6) omits section 42(6)(a) of the 1997 Act accordingly.
516.In as far as this section amends the Police (Scotland) Act 1967, it comes into force on the days that Scottish Ministers will specify by order (see section 108(5)).