Part 3: Police Workforce and Representative Institutions Chapter 1: Police workforce Section 39: Application of Firearms Act 1968 to the police: special constables and volunteers
This section makes necessary consequential amendments to the 1968 Act to ensure that police civilian volunteers are 'in the service of Her Majesty' for the purposes of that Act and therefore makes clear that these staff do not need a certificate or authorisation under section 1 or 5 of the 1968 Act in order to carry a defensive spray. The section puts community support volunteers and policing support volunteers in the same position as police officers and police civilian staff. It also removes any ambiguity regarding special constables (that could have been caused by inserting specific reference to other types of police volunteers, that is, civilian volunteers) by making it explicit on the face of the 1968 Act that special constables are members of a police force for the purpose of that Act and therefore similarly do not require a certificate or authorisation under the 1968 Act when equipped with a defensive spray.
	Subsection (2)(a) inserts new paragraph (ba) into section 54(3) of the 1968 Act, with the effect of clarifying that a community support volunteer or a policing support volunteer designated under section 38 of the 2002 Act by the chief constable of a police force is included in the definition of a person who is deemed to be in the service of Her Majesty for the purposes of the 1968 Act.
	Subsection (2)(b) inserts new paragraph (g) into section 54(3) of the 1968 Act, with the effect of clarifying that a community support volunteer or a policing support volunteer designated under section 38 of the 2002 Act by the chief constable of the British Transport Police Force is included in the definition of a person who is deemed to be in the service of Her Majesty for the purposes of the 1968 Act.
	Subsection (3) amends section 57(4) of the 1968 Act to provide that, regarding England and Wales, 'member of a police force' means a constable of a police force or a special constable appointed under section 27 of the Police Act 1996, while for Scotland 'member of a police force' means a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012. Subsection (3) also clarifies that 'member of the British Transport Police Force' includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003.