Part 1: Protection of the police etc. Section 4: Special constables and Police Federations: amendments to the Police Act 1996
Section 59 of the Police Act 1996 ("the 1996 Act") sets out that there shall be the Police Federation of England and Wales and Police Federation for Scotland. Section 60 enables the Secretary of State to make regulations to prescribe the constitution and proceedings of the Police Federations or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings.
	By virtue of sections 59 and 60 of the 1996 Act, membership of the Police Federations are open to ‘members of police forces’. Throughout policing legislation references to ‘members of police forces’ have not been considered to mean the special constabulary in England and Wales. For example, section 90 of the 1996 Act relating to assaults against police officers refers to the special constabulary in addition to ‘members of a police force’. In Scotland, special constables are considered to fall under the definition of "members of police forces" by virtue of section 99 of the Police and Fire Reform (Scotland) Act 2012.
	It is important to note that throughout the provision, there are two versions of amendments made to section 59: one version for England and Wales and another version for Scotland. This has the advantage of making it clear on the face of the provision which parts apply to each jurisdiction. The arrangements for the Police Federation of Scotland will not change. This is because special constables are already eligible to join the Police Federation of Scotland.
	Subsection (2) amends section 51 of the 1996 Act to enable the Secretary of State to make regulations as to whether the time spent by special constables in attendance of meetings of the Police Federation, and any recognised body under section 64 (such as trade unions), is treated as time spent on duty.
	Subsection (4) amends section 59(1) of the 1996 Act to enable England and Wales special constables to become members of the Police Federation of England and Wales. The amended section 59(1) retains the wording setting out who the Police Federation can represent and on what matters; namely, matters which affect members’ welfare and efficiency. Subsections (1)(a) and (b) set out that questions of promotion and discipline affecting individual members are excepted.
	Subsection (5) inserts section 59(1B) of the 1996 Act, restating the law in Scotland.
	Subsection (6) amends section 59(1) of the 1996 Act to enable the Police Federation of England and Wales to represent special constables in any proceedings brought under regulations about disciplinary proceedings relating to conduct, efficiency and effectiveness of special constables under section 51(2A) of that Act. Subsection (6) also inserts section 59(2A), restating the law in Scotland.
	Subsection (7) amends sections 59(3)(a) and (b) of the 1996 Act to specify that special constables may be represented by members of a police force and vice versa. This is because special constables and regular officers work alongside each other, and there is a need for flexibility as to who can provide that representation, depending on the situation and availability of the individual in question. New section 59(3)(c) restates the law in Scotland, making clear that a constable of the Police Service of Scotland may be represented under section 59(2A) only by another constable of the Police Service of Scotland.
	Subsection (8) amends section 60(2)(e) of the 1996 Act to enable the Secretary of State to make regulations under section 60(1) about the pay, pension or allowance and other conditions of service for any member of a police force or special constable who is the secretary or officer of a Police Federation, and to apply existing regulations with modifications. Whilst special constables are volunteers, were a special constable be elected to a secretary or officer position in the future, this provision enables the Secretary of State to make regulations governing any pay, pension or allowance or other conditions of service.