Part 3: Police Workforce and Representative Institutions Chapter 1: Police workforce Section 38: Powers of police civilian staff and police volunteers
Chapter 1 of Part 4 of the 2002 Act (exercise of police powers etc. by civilians) enables chief officers to confer certain powers on their civilian staff by designating them to undertake specific functions in four categories: community support officer (commonly known as PCSOs); investigating officer; detention officer; and escort officer. This section extends the powers of chief officers of police to designate powers on their staff and introduces for the first time a power to designate powers on volunteers.
	Subsection (2) replaces subsection (1) of section 38 of the 2002 Act, with the effect of enabling a chief officer to designate a member of staff as either or both of a community support officer or a policing support officer; and new section 38(1A) provides that a chief officer may designate a police volunteer as either or both of a community support volunteer or a policing support volunteer.
	Subsections (3)and(10) repeal section 38(5A) to (6A) and section 38A of the 2002 Act, which provide for PCSOs to be designated, as a minimum, with a list of standard powers. In future, it will be a decision for each chief officer as to which powers their PCSOs will have.
	Subsection (4) inserts new subsections (6B) to (6F) into section 38 of the 2002 Act, regarding the powers and duties that can be conferred on a person designated under section 38 of the 2002 Act. New subsection (6B)(a) provides that such a person may be given any power or duty of a constable, other than a 'core' power or duty specified in Part 1 of new Schedule 3B to the 2002 Act (excluded powers and duties), inserted by Schedule 10. Part 2 of new Schedule 3B provides that, when a designated staff member or volunteer is given a power of a constable, the various statutory provisions are interpreted in such a way as to ensure the power works as intended.
	The list of core or excluded powers includes powers of arrest, stop and search and those under terrorism legislation, for example the power to apply for a search warrant under Schedule 5 to the Terrorism Act 2000 as part of a terrorism investigation.
	New subsection (6B)(b) provides that, where the person is designated as a PCSO or a community support volunteer, they may be given any power or duty set out in new Schedule 3C to the 2002 Act (inserted by Schedule 11). New Schedule 3C carries over, with minor modifications, those powers currently set out in Part 1 of Schedule 4 to the 2002 Act (which is repealed by paragraph 5(3) of Schedule 12) that are available to be designated to PCSOs and that are not powers of a constable (for example, the power in paragraph 7 of new Schedule 3C to the 2002 Act to detain a person in certain circumstances pending the arrival of a constable).
	New section 38(6C) of the 2002 Act confers on the Secretary of State a power, by regulations (subject to the affirmative procedure), to amend new Schedule 3B in order to add to the list of core powers and duties of constables, that is those powers which may not be designated on staff or volunteers.
	New section 38(6D) introduces Part 2 of new Schedule 3B to the 2002 Act, which sets out how the new designation of powers will work in practice, including providing a regulation-making power (subject to the negative procedure) at paragraph 8(2) to modify an enactment to ensure that a constable power works as intended when used by a designated member of police staff or volunteer.
	New section 38(6E) and (6F) of the 2002 Act provide that, when designating a staff member or volunteer, a chief officer may limit the extent to which a police power or duty given to that person may be exercised.
	Subsection (5) inserts new subsection (7A) into section 38 of the 2002 Act, which provides that a police volunteer’s designation under section 38 can be subject to restrictions and conditions, which would be specified in the designation. For example, if a volunteer was based in a particular locality, their designation could be restricted to that locality and its surrounding area.
	Subsections (6) and (7) insert new subsections (9A) to (9C) into section 38 of the 2002 Act. New section 38(9A) provides that chief officers must ensure that no one designated under section 38 is authorised to use a firearm, within the meaning given by section 57(1) of the 1968 Act (which includes a conducted energy device, commonly referred to as a Taser), in carrying out their designated role.
	New subsection 38(9B) creates an exception from new subsection (9A), ensuring designated staff and volunteers can, at the discretion of the chief officer, be equipped with and, where necessary, use CS or PAVA sprays (subsection (9B)(a)); in addition, they may carry and use, in accordance with appropriate instructions, a weapon for a purpose specified in regulations made by the Secretary of State (subsection (9B)(b)); or a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a specified purpose (subsection (9B)(c)). This enables the issue of appropriate self-defence devices in future, once such a device has been tested and authorised. Given the potential scope of this power, new section 38(9C) provides that regulations as described under subsections (9B)(b) and (c) will be subject to the affirmative procedure.
	Subsection (8) inserts new section 38(12) into the 2002 Act, to define a "police volunteer" as a person who is under the direction and control of the chief officer making a designation under section 38(1A) and who is not a constable, a special constable or a relevant employee.
	Subsection (8) also inserts new section 38(13) into the 2002 Act, which provides that, for the purpose of subsection 38(12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of their employment with that employer; in other words they cannot use any powers designated to them as an employee if they are not "on duty".