Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 54: PACE etc powers for food crime officers
This section allows the Secretary of State to apply, by regulations, certain powers available to the police to food crime officers of the Food Standards Agency ("FSA") for their use in relation to their investigations of offences, including into serious fraud and related activity in the food supply chain, and enables Independent Office for Police Conduct oversight of food crime officers’ use of these powers.
	Subsection (1) inserts a new section 114C into PACE allowing the Secretary of State to apply, by regulations, any provisions of PACE which relate to investigations of offences conducted by the police to food crime officers, with any modification necessary (new section 114C(2)). It defines a food crime officer as an officer of the FSA who is acting for the purposes of the performance by the FSA of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences) and is authorised by the Secretary of State for the purposes of new section 114C. It sets out that this regulation-making power applies to investigations of offences committed, or suspected of having been committed, before the provisions of this Act came into force, and that the regulations applying the provisions of PACE will be made by statutory instrument subject to the negative procedure. Further, it clarifies that such regulations may make different provision for different purposes, consequential, supplementary, incidental, transitional, transitory or saving provision.
	Subsection (2) inserts a new section 39A into the 1994 Act allowing the Secretary of State, by regulations, to apply any provision of section 36 or 37 of that Act that applies in relation to a constable to food crime officers as defined in new section 114C of PACE, with any modifications. It sets out that the regulations cannot apply any provision of section 36 or 37 in relation to a failure or refusal which took place before the regulations come into force, and that the regulations will be made by statutory instrument subject to the negative procedure. Sections 36 and 37 of the 1994 Act make provision for courts to draw adverse inference where an accused person fails or refuses to account for objects, substances or marks on their person, on their clothing or footwear, otherwise in their possession, or in the place they are in at the time of their arrest or fails or refuses to account for their presence at a particular place.
	Subsection (3) inserts a new section 25A into the Food Standards Act 1999 to make it an offence for a person to obstruct a food crime officer who is exercising their functions under PACE, the maximum penalty for which is an unlimited fine or imprisonment of up to three months or both.
	Subsection (4) amends the Police Reform Act 2002 to enable oversight by the Independent Office for Police Conduct ("IOPC") over food crime officers’ exercise of police powers. It inserts new section 26E in that Act which allows the Secretary of State to make regulations conferring functions on the Director General of the IOPC in relation to food crime officers exercising functions conferred on them by new section 114C of PACE and new section 39A of the 1994 Act, including provision for the FSA to make payment to the IOPC. It also allows for the IOPC and Parliamentary Commissioner for Administration to jointly investigate food crime officers and for food crime officers, the IOPC and Parliamentary Commissioner for Administration to disclose information as part of any complaints procedure.
	Subsection (5) sets out that the amendments in subsections (1) to (3) and any subsequent regulations made under subsections (1) and (2) bind the Crown.
	Subsection (6) clarifies that a contravention of new section 25A of the Food Standards Act 1999 by the Crown would not make the Crown criminally liable, but that the High Court may declare any act or omission of the Crown which constitutes such a contravention to be unlawful.
	Subsection (7) clarifies further that new section 25A of the Food Standards Act 1999 applies to persons in the public service of the Crown as it applies to other persons.
	Subsection (8) allows the Secretary of State to certify that any powers of entry conferred by regulations made under new section 114C of PACE should not be exercisable in relation to any Crown premises in the interests of national security.
	Subsection (9) defines "Crown premises" as premises held or used by or on behalf of the Crown.
	Subsection (10) clarifies that these provisions do not affect Her Majesty in her private capacity.