Legislation – Victims and Prisoners Act 2024

“44FApplication of this Chapter to service police etc

(1)

This Chapter applies in relation to a person mentioned in subsection (2) as it applies in relation to an authorised person, with the modifications specified in subsections (3) and (4).

(2)

The persons are—

(a)

a member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

(b)

a person designated by the Service Police Complaints Commissioner under regulation 36(2) of the Service Police (Complaints etc) Regulations 2023 (S.I. 2023/624);

(c)

a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in paragraph (a) or (b).

(3)

Section 44A applies as if for subsection (6) there were substituted—

“(6)

The reference in subsection (3)(c) to crime is a reference to conduct which constitutes one or more—

(a)

service offences within the meaning of the Armed Forces Act 2006, or

(b)

SDA offences within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059).”

(4)

Section 44B applies as if, in subsection (6)—

(a)

for the definition of “adult without capacity” there were substituted—

““adult without capacity”—

(a)

in relation to England and Wales, means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;

(b)

in relation to Scotland, means an adult (within the meaning of this section) who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000, in relation to a notice under this section;

(c)

in relation to Northern Ireland, means an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity in relation to a notice under this section;”;

(b)

for the definition of “relevant authority” there were substituted—

““relevant authority”—

(a)

in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;

(b)

in relation to Wales, means a county council or a county borough council;

(c)

in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(d)

in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));”;

(c)

for the definition of “voluntary organisation” there were substituted—

““voluntary organisation”—

(a)

in relation to England and Wales, has the same meaning as in the Children Act 1989;

(b)

in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995;

(c)

in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.”