2. Exercise of functions in relation to children under the Scottish age of criminal responsibility U.K.
(1) In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.
(2) The places to which this subsection applies are—
(a) land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—
(i) the Secretary of State for Defence;
(ii) the Defence Council;
(iii) a headquarters or defence organisation; or
(iv) the service authorities of a visiting force;
(b) land, vehicles, vessels, aircraft and hovercraft which are—
(i) in the possession, under the control or used for the purposes of an ordnance company; and
(ii) used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;
(c) land, vehicles, vessels, aircraft and hovercraft which are—
(i) in the possession, under the control or used for the purposes of a dockyard contractor; and
(ii) used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes; F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.
(3) F7 Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply . . .—
(a) in relation to Crown property, international defence property, ordnance property and dockyard property;
(b) in relation to persons—
(i) subject to the control of the Defence Council;
(ii) employed under or for the purposes of the Ministry of Defence or the Defence Council; or
(iii) in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act M2 1952; [ F8 ( ba ) in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the [ F9 Bribery Act 2010 ] in relation to such persons; ]
(c) in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and
(d) for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above. [ F10 (3A) Where a member of the Ministry of Defence Police has been requested by a constable of—
(a) the police force for any police area; [ F11 (aa) the Police Service of Scotland; ]
(b) the Police Service of Northern Ireland;
(c) the British Transport Police Force; or [ F12 (d) the Civil Nuclear Constabulary, ] to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.
(3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—
(a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area; [ F13 (aa) if it was made under paragraph (aa) of that subsection, only in Scotland; ]
(b) if it was made under paragraph (b) of that subsection, only in Northern Ireland;
(c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or
(d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the [ F14 Civil Nuclear Constabulary ] .
(3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, [ F15 in Scotland the same powers and privileges as constables of the Police Service of Scotland, ] and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—
(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or
(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.
(3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—
(a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and
(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced. ]
(4) Subsections (1) [ F16 to (3D) ] above shall have effect in the territorial waters adjacent to the United Kingdom F17 . . ., but as if the references in [ F18 those subsections ] to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.
(5) In this section— “ appropriate Gazette ” means— (i) in relation to land in England or Wales, the London Gazette; (ii) in relation to land in Scotland, the Edinburgh Gazette, and (iii) in relation to land in Northern Ireland, the Belfast Gazette; [ F19 [ F20 “ British Transport Police Force ” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); ] ] “ Crown property ” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control; “ designated services ” means services designated under subsection (1) of section 1 of the Dockyard Services Act M3 1986; “ dockyard contractor ” means a company which is a dockyard contractor as defined by subsection (13) of that section; “ dockyard property ” means property which—
(a) belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b) is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes; “ headquarters ”, “ defence organisation ” and “ visiting force ” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order M4 1965, or any order replacing that Order, applies; “ international defence property ” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force; “ ordnance company ” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act M5 1984; “ ordnance property ” means property which—
(a) belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b) is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes; “ service authorities ” means naval, military or air force authorities; F21 ... “ vessel ” includes any ship or boat or any other description of vessel used in navigation. Textual Amendments F5 S. 2 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F6 S. 2(2)(d) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(2) , 125 , 127(2)(i)(iii) , Sch. 8 Pt. 6 ; S.I. 2001/4104 , art. 2(a)(e) F7 Words in s. 2(3) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 125 , 127(2)(i)(iii) , Sch. 8 Pt. 6 ; S.I. 2001/4104 , art. 2(e) F8 S. 2(3)(ba) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(3) , 127(2)(e) ; S.I. 2001/4104 , art. 2(a) F9 Words in s. 2(3)(ba) substituted (1.7.2011) by Bribery Act 2010 (c. 23) , s. 19(1) , Sch. 1 para. 1 (with ss. 16 , 19(5) ); S.I. 2011/1418 , art. 2 F10 S. 2(3A)-(3D) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(4) , 127(2)(e) ; S.I. 2001/4104 , art. 2(a) F11 S. 2(3A)(aa) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(3)(a) F12 S. 2(3A)(d) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(1)(a) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F13 S. 2(3B)(aa) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(3)(b) F14 Words in s. 2(3B)(d) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(1)(b) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F15 Words in s. 2(3C) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(3)(c) F16 Words in s. 2(4) substituted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(5)(a) , 127(2)(e) ; S.I. 2001/4104 , art. 2(a) F17 Words in s. 2(4) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 125 , 127(2)(i)(iii) , Sch. 8 Pt. 6 ; S.I. 2001/4104 , art. 2(e) F18 Words in s. 2(4) substituted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(5)(b) , 127(2)(e) ; S.I. 2001/4104 , art. 2(a) F19 Definition of “British Transport Police Force” in 2(5) (1.7.2004) ceases to have effect by virtue of Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F20 Definition of “British Transport Police Force” in s. 2(5) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 98(6)(a) , 127(2)(e) ; S.I. 2001/4104 , art. 2(a) F21 Definition of “United Kingdom Atomic Energy Authority Constabulary” in s. 2(5) repealed (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 23 Pt. 1 ; S.I. 2005/877 , art. 2(1) , Sch. 1 Modifications etc. (not altering text) C1 S. 2: s. 2(2) extended (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8) , ss. 1 , 4(1) , 6(2) C2 S. 2: s. 2(3) extended (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF:8) , ss. 1 , 4(2) , 6(2) C3 S. 2(3)(ba) modified (E.W.) (1.10.2008) by Serious Crime Act 2007 (c. 27) , s. 94(1) , Sch. 6 para. 14 (with Sch. 13 para. 5 ); S.I. 2008/2504 , art. 2(a) Marginal Citations M2 1952 c. 67 . M3 1986 c. 52 . M4 S.I. 1965/1536 . M5 1984 c. 59 .
(1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.
(2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—
(a) he shall be under the direction and control of the chief officer of that force; and
(b) he shall have the same powers and privileges as a member of that force.
(3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.
(4) In this section— [ F24 “ British Transport Police Force ” has the same meaning as in section 2 above; ] “ chief officer ” means— (a) the chief officer of the police force for any police area; (aa) [ F25 the chief constable of the Police Service of Scotland; ] (b) the Chief Constable of the Police Service of Northern Ireland; (c) the Chief Constable of the British Transport Police Force; or (d) the Chief Constable of the [ F26 Civil Nuclear Constabulary ] ; “ relevant force ” means— (a) the police force for any police area; (aa) [ F27 the Police Service of Scotland; ] (b) the Police Service of Northern Ireland; (c) the British Transport Police Force; or (d) [ F28 the Civil Nuclear Constabulary. ] F29 ... F29 ... ] Textual Amendments F22 S. 2A inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24 , ss. 99 , 127(2)(e) ; S.I. 2001/4104 , art. 2(b) F23 S. 2A amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F24 Definition of “British Transport Police Force” in 2A(4) (1.7.2004) ceases to have effect by virtue of Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F25 Words in definition of “chief officer” in s. 2A(4) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(4)(a) F26 Words in s. 2A(4) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(2)(a) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F27 Words in definition of “relevant force” in s. 2A(4) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(4)(b) F28 Words in s. 2A(4) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(2)(b) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F29 Words in s. 2A(4) repealed (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 23 Pt. 1 ; S.I. 2005/877 , art. 2(1) , Sch. 1
(1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.
(2) The member of the Ministry of Defence Police—
(a) shall be under the direction and control of the chief officer of the relevant force; and
(b) shall have the same powers and privileges as a member of that force.
(3) In this section— [ F32 “ British Transport Police Force ” has the same meaning as in section 2 above; ] “ chief officer ” means— (a) any chief officer of police of a police force for a police area in [ F33 England and Wales ] ; (aa) [ F34 the chief constable of the Police Service of Scotland; ] (b) the chief constable of the Police Service of Northern Ireland; (c) [ F35 the Director General of the National Criminal Intelligence Service; ] (d) [ F35 the Director General of the National Crime Squad; ] (e) the chief constable of the British Transport Police Force; or (f) the chief constable of the [ F36 Civil Nuclear Constabulary ] ; “ relevant force ” means— (a) any police force for a police area in [ F37 England and Wales ] ; (aa) [ F38 the Police Service of Scotland; ] (b) the Police Service of Northern Ireland; (c) [ F35 the National Criminal Intelligence Service; ] (d) [ F35 the National Crime Squad; ] (e) the British Transport Police Force; or (f) [ F39 the Civil Nuclear Constabulary. ] F40 ... F40 ... F40 ... ] Textual Amendments F30 S. 2B inserted (1.10.2002) by Police Reform Act 2002 (c. 30) , s. {78}; S.I. 2002/2306 , art. 2(e) F31 S. 2B amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F32 Definition of “British Transport Police Force” in 2B(3) (1.7.2004) ceases to have effect by virtue of Railways and Transport Safety Act 2003 (c. 20) , Sch. 5 para. 4 ; S.I. 2004/1572 , art. 3(jjj) F33 Words in definition of 'chief officer' in s. 2B(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(5)(a)(i) F34 Words in definition of 'chief officer' in s. 2B(3) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(5)(a)(ii) F35 Words in s. 2B(3) repealed (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) (8) , Sch. 4 para. 49 , 17 Pt. 2 ; S.I. 2006/378 , art. 4(1) , Sch. paras. 10 , 13(s) F36 Words in s. 2B(3) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(3)(a) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F37 Words in definition 'relevant force' in s. 2B(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(5)(b)(i) F38 Words in definition of 'relevant force' in s. 2B(3) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 20(5)(b)(ii) F39 Words in s. 2B(3) substituted (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 14 para. 5(3)(b) ; S.I. 2005/877 , art. 2(1) , Sch. 1 F40 Definition of “United Kingdom Atomic Energy Authority Constabulary in s. 2B(3) repealed (1.4.2005) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 23 Pt. 1 ; S.I. 2005/877 , art. 2(1) , Sch. 1
(1) A member of the Ministry of Defence Police serving with the [ F43 National Crime Agency ] under arrangements to which subsection (2) applies shall—
(a) be under the direction and control of the [ F44 Director General of the National Crime Agency ] , and
(b) continue to be a constable.
(2) This subsection applies to arrangements made between—
(a) the [ F45 Director General of the National Crime Agency ] , and
(b) the chief constable of the Ministry of Defence Police. ] Textual Amendments F41 S. 2C inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 50 ; S.I. 2006/378 , art. 4(1) , Sch. para. 10 F42 Words in s. 2C substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 8 para. 31(2) ; S.I. 2013/1682 , art. 3(v) F43 Words in s. 2C(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 8 para. 31(3)(a) ; S.I. 2013/1682 , art. 3(v) F44 Words in s. 2C(1)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 8 para. 31(3)(b) ; S.I. 2013/1682 , art. 3(v) F45 Words in s. 2C(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 8 para. 31(4) ; S.I. 2013/1682 , art. 3(v)
(1) Where a member of the Ministry of Defence Police exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.
(2) For the purposes of subsection (1)—
(a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Ministry of Defence Police,
(b) section 69 of the 2016 Act (publication of information by police) does not apply. ] Textual Amendments F46 S. 2D inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46) , art. 2(2)(a) (f) , Sch. 2 para. 1 (with art. 6 )
(1) The following apply, in Scotland, in relation to a member of the Ministry of Defence Police as they apply in relation to a constable of the Police Service of Scotland—
(a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),
(b) any regulations made or guidance issued under that Part.
(2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Ministry of Defence Police.
(3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Ministry of Defence Police, as references to a member of the Ministry of Defence Police of the rank referred to.
(4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Ministry of Defence Police—
(a) section 29(2)(a),
(b) section 31(3)(a) and (5)(a),
(c) section 57(4)(a).
(5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Ministry of Defence Police (whether or not the enactment also confers that power on constables of the Police Service of Scotland).
(6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Ministry of Defence Police. ] Textual Amendments F47 S. 2E inserted (17.12.2021) by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458) , arts. 1(1) , 17
