Arrangement

part 1  3

part 2  3

part 3  4

part 4  7

part 5  11

SCHEDULE   12

A LAW to amend further the States of Jersey Police Force Law 2012.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“24    Charges for police goods and services

(1)     The Chief Officer may charge for the provision of police goods and services where such provision is reasonably incidental to normal police activity and the amount charged is in accordance with guidelines issued by the Minister.

(2)     In preparing guidelines for the purposes of this Article the Minister must take into account the guidelines on charging for police services (including goods) issued by the National Police Chiefs’ Council of the United Kingdom or any successor body to that Council.”.

“ ‘2003 Law’ means the Police Procedures and Criminal Evidence (Jersey) Law 2003[2];”;

“ ‘States’ employee’ has the same meaning as in Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005[3];”.

“26    States’ employees designated to undertake police functions

(1)     The Chief Officer may designate in writing a States’ employee as an officer of one or more of the descriptions specified in paragraph (2).

(2)     Those descriptions of officer are as follows –

(a)     investigating officer;

(b)     detention officer;

(c)     escort officer.

(3)     The Chief Officer shall not designate a States’ employee under paragraph (1) unless the Chief Officer is satisfied that the States’ employee –

(a)     is a suitable person to carry out the functions for the purposes of which he or she is designated;

(b)     is capable of effectively carrying out those functions; and

(c)     has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred or imposed on him or her under the designation.

(4)     A States’ employee designated under this Article shall have the powers and duties conferred or imposed on him or her by the designation.

(5)     Powers and duties may be conferred or imposed on a designated person by means only of the application to him or her by the designation of provisions of the applicable Part of Schedule 2 that are to apply to the designated person, and, for this purpose, the applicable Part of that Schedule is –

(a)     Part 1, in the case of a person designated as an investigating officer;

(b)     Part 2, in the case of a person designated as a detention officer;

(c)     Part 3, in the case of a person designated as an escort officer.

(6)     A States’ employee authorized or required to do anything by virtue of a designation under this Article –

(a)     shall not be authorized or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

(b)     shall be so authorized or required subject to such restrictions and conditions (if any) as may be specified in his or her designation.

(7)     Where any power exercisable by any person in reliance on his or her designation under this Article is a power which, in the case of its exercise by a police officer, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a police officer to use reasonable force.

(8)     Where any power exercisable by any person in reliance on his or her designation under this Article includes power to use force to enter any premises, that power shall not be exercisable by that person except –

(a)     in the company, and under the supervision, of a police officer; or

(b)     for the purpose of saving life or limb or preventing serious damage to property.

(9)     For the purpose of the handling of complaints relating to, or other instances of misconduct involving, the carrying out of the functions of an officer by a States’ employee designated under paragraph (1), Schedule 3 shall have effect.

(10)    The States may, by Regulations amend paragraphs (2) and (4) and, in relation to a person designated under this Article, Schedules 2 and 3.

27      Contractors undertaking police functions

(1)     This Article applies if the Chief Officer has, following consultation with the Minister and the Police Authority, entered into an agreement with a person (‘the contractor’) for the provision of services relating to the detention or escort of person who have been arrested or are otherwise in custody.

(2)     The Chief Officer may designate a person who is an employee of the contractor as either or both of the following –

(a)     a detention officer; or

(b)     an escort officer.

(3)     A person designated under this Article shall have the powers and duties conferred or imposed on him by the designation.

(4)     The Chief Officer shall not designate a person under this Article unless the Chief Officer is satisfied that the person –

(a)     is a suitable person to carry out the functions for the purposes of which he or she is designated;

(b)     is capable of effectively carrying out those functions; and

(c)     has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred or imposed on him or her under the designation.

(5)     The Chief Officer shall not designate a person under this Article unless the Chief Officer is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.

(6)     Powers and duties may be conferred or imposed on a designated person by means only of the application to him or her by his or her designation of provisions of the applicable Part of Schedule 2 that are to apply to the designated person, and, for this purpose, the applicable Part of that Schedule is –

(a)     Part 2, in the case of a person designated as a detention officer;

(b)     Part 3, in the case of a person designated as an escort officer.

(7)     An employee of the contractor authorized or required to do anything by virtue of a designation under this Article –

(a)     shall not be authorized or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

(b)     shall be so authorized or required subject to such restrictions and conditions (if any) as may be specified in his or her designation.

(8)     Where any power exercisable by any person in reliance on his or her designation under this Article is a power which, in the case of its exercise by a police officer, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a police officer to use reasonable force.

(9)     For the purposes of the handling of complaints relating to or other instances of misconduct involving a person designated under this Article, Schedule 3 shall have effect.

(10)    A designation under this Article, unless it is previously withdrawn or ceases to have effect in accordance with paragraph (11), shall remain in force for such period as may be specified in the designation subject to renewal at any time with effect from the time when it would otherwise expire.

(11)    A designation under this Article shall cease to have effect –

(a)     if the designated person ceases to be an employee of the contractor; or

(b)     if the contract between the Chief Officer and the contractor is terminated or expires.

(12)    The States may by Regulations amend paragraphs (2) and (6) and, in relation to a person designated under this Article, Schedules 2 and 3.”.

“Independent Custody Visiting

28A   Arrangements for independent custody visitors

(1)     In this Article –

(a)     ‘detainee’ means a person who is detained in the custody of any of the following –

(i)      the States Police Force,

(ii)      an officer of the Impôts as referred to in the definition ‘officer’ in the Customs and Excise (Jersey) Law 1999[5],

(iii)     an immigration officer;

(b)     ‘immigration officer’ means an officer appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971, as extended to Jersey by the Immigration (Jersey) Order 1993[6];

(c)     ‘Chief Immigration Officer’ means the most senior immigration officer.

(2)     The Police Authority must –

(a)     make arrangements for detainees to be visited by persons appointed under those arrangements (such persons to be known as ‘independent custody visitors’); and

(b)     keep those arrangements under review and from time to time revise them as it thinks fit.

(3)     The arrangements must secure that the persons appointed under the arrangements are independent of –

(a)     the Police Authority;

(b)     the Chief Officer;

(c)     the Agent of the Impôts; and

(d)     the Chief Immigration Officer.

(4)     The arrangements must ensure that independent custody visitors can –

(a)     access information relevant to the treatment of detainees and the conditions in which they are detained; and

(b)     monitor the treatment of detainees and the conditions in which they are detained.

(5)     The arrangements must –

(a)     authorize independent custody visitors to do anything which the Police Authority considers necessary to enable them to visit detainees and monitor the treatment of detainees and the conditions in which they are detained; and

(b)     provide for reporting on each visit.

(6)     The arrangements may, in particular, authorize independent custody visitors to –

(a)     access, without prior notice or as otherwise determined by the arrangements, any place in which a detainee is held;

(b)     examine records relating to the detention of persons there;

(c)     meet any detainees there (in private) to discuss their treatment while detained and the conditions in which they are detained;

(d)     inspect the conditions in which persons are detained there (including cell accommodation, washing and toilet facilities and facilities for the provision of food); and

(e)     meet such other persons as the visitors think may have information relevant to the treatment of detainees and the conditions in which they are detained.

(7)     The arrangements may allow access to a detainee to be refused only if –

(a)     it appears to an officer of the rank of inspector or above (or a person of equivalent seniority if the detainee is not in the custody of the Force) that there are grounds for denying access at the time it is requested;

(b)     the grounds are specified for the purposes of sub-paragraph (a) in the arrangements; and

(c)     the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.

(8)     The Police Authority must publish the arrangements it makes under this Article, including revisions to those arrangements.

(9)     Arrangements under this Article may vary between each person or body referred to in clauses (i) to (iii) of paragraph (1)(a).

(10)    Before issuing or revising any arrangements under this Article, the Police Authority must consult with –

(a)     the Minister;

(b)     the Chief Officer;

(c)     the Agent of the Impôts;

(d)     the Chief Immigration Officer;

(e)     the Police Complaints Authority; and

(f)      any other person or body that the Police Authority thinks appropriate.

(11)    Independent custody visitors and the persons and bodies referred to in clauses (i) to (iii) of paragraph (1)(a) must comply with such arrangements published under this Article as apply to them.

28B   SPT Visits

(1)     In this Article –

(a)     ‘detainee’ has the meaning given by Article 28A(1)(a);

(b)     ‘OPCAT’ means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted on 18th December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199;

(c)     ‘SPT’ means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment established under Article 2 of OPCAT.

(2)     The Police Authority must make arrangements to ensure that members of the SPT may –

(a)     visit detainees;

(b)     access information relevant to the treatment of detainees and the conditions in which they are detained; and

(c)     monitor the treatment of detainees and the conditions in which they are detained.

(3)     The arrangements must authorize members of the SPT to do anything which the Police Authority considers necessary to enable them to visit detainees and monitor the treatment of detainees and the conditions in which they are detained.

(4)     The arrangements may, in particular, authorize members of the SPT to –

(a)     access, without prior notice or as otherwise determined under the arrangements, any place in which a detainee is held (accompanied by such experts as the SPT members think fit);

(b)     examine records relating to the detention of persons there;

(c)     meet any detainees there (in private) to discuss their treatment while detained and the conditions in which they are detained;

(d)     inspect the conditions in which persons are detained there (including cell accommodation, washing and toilet facilities and facilities for the provision of food); and

(e)     meet such other persons as the SPT members think may have information relevant to the treatment of detainees and the conditions in which they are detained.

(5)     The arrangements may allow access to a detainee to be refused only if –

(a)     there are urgent and compelling grounds of public safety, natural disaster or serious disorder in the place to be visited that temporarily prevent the carrying out of such a visit; and

(b)     the Minister has notified the Police Authority that such grounds exist and that access should accordingly be refused.

(6)     The Police Authority must keep the arrangements it makes under this Article under review and revise them from time to time as it thinks fit.

28C   Reports to the Minister

(1)     The Police Authority must, no later than 31 March each year, prepare and submit to the Minister a report on the working of the arrangements which it has made under Articles 28A and 28B and the Minister must lay the report before the States Assembly at the first reasonable opportunity.

(2)     The Police Authority must prepare and provide to the Minister such other reports on matters related to the visiting of detainees as the Minister may reasonably require from time to time and may prepare and provide reports to the Minister on such matters at any time of its own motion.

(3)     In this Article ‘detainee’ has the meaning given by Article 28A(1)(a).”.

“SCHEDULE 2

(Articles 26(5) and 27(6))

police powers and duties of designated persons

1        Interpretation of this Schedule

In this Schedule –

(a)     ‘a designation’ means –

(i)      in Part 1, a designation under Article 26, and

(ii)      in Parts 2 and 3, a designation under Article 26 or 27, as the case may be;

(b)     words and expressions also used in the 2003 Law have the same meaning as in that Law.

part 1 – investigating officer

2        Entry and search after arrest

Where a designation applies this paragraph to a person –

(a)     that person shall have the powers of a police officer under Article 20 of the 2003 Law to enter and search any premises and to seize and retain anything for which he or she may search under that Article;

(b)     Article 20(5) and (6) of the 2003 Law shall have effect in relation to any exercise by that person of those powers as if the references to a police officer in those paragraphs were references to that person;

(c)     Article 21(6) of the 2003 Law shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it applies in relation to the seizure of anything by a police officer;

(d)     Article 22 of the 2003 Law shall have effect in relation to the power of seizure conferred on that person by virtue of sub-paragraph (a) as it applies in relation to the power of seizure conferred on a police officer by Article 20(2) of that Law;

(e)     Article 23(1) and (2) of the 2003 Law shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him or her by virtue of sub-paragraph (a) as if the references to a police officer included references to that person;

(f)      Article 23(3) to (8) and Article 24 of the 2003 Law shall have effect in relation to anything seized by that person in exercise of the power or taken away by him or her following the imposition of a requirement by virtue of sub-paragraph (d) –

(i)      as they have effect in relation to anything seized in exercise of the power conferred on a police officer by Article 20(2) of that Law or taken away by a police officer following the imposition of a requirement by virtue of Article 22 of that Law, and

(ii)      as if the references to a police officer in Article 23(3), (4) and (5) included references to that person.

3        Access to excluded and special procedure material

Where a designation applies this paragraph to a person –

(a)     that person shall have the powers of a police officer under Article 16 of the 2003 Law to obtain access, in accordance with Schedule 2 to that Law, to excluded material or special procedure material;

(b)     Schedule 2 to the 2003 Law shall have effect for the purpose of conferring those powers on that person as if the references in paragraphs 1, 3, 4, 11 and 12 of that Schedule to a police officer were references to that person;

(c)     Article 17 of the 2003 Law shall have effect in relation to the issue of any warrant under paragraph 11 of Schedule 2 to that Law to that person as it has effect in relation to the issue of a warrant under that paragraph to a police officer;

(d)     Article 18 of the 2003 Law shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 11 of Schedule 2 to that Law (whether to that person or another person) as if references in that Article to a police officer included references to that person;

(e)     Article 21(6) of the 2003 Law shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him or her by paragraph 12 of Schedule 2 to that Law as it has effect in relation to the seizure of anything under that paragraph by a police officer;

(f)      Article 22 of the 2003 Law shall have effect in relation to the power of seizure conferred on that person by paragraph 12 of Schedule 2 to that Law as it applies in relation to the power of seizure conferred on a police officer by that paragraph;

(g)     Article 23(1) and (2) of the 2003 Law shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him or her by paragraph 12 of Schedule 2 to that Law as if the references to a police officer included references to that person;

(h)     Article 23(3) to (8) and Article 24 of the 2003 Law shall have effect in relation to anything seized by that person in exercise of the power or taken away by him or her following the imposition of a requirement by virtue of sub-paragraph (f) and to anything produced to that person under paragraph 3 of Schedule 2 to that Law –

(i)      as they have effect in relation to anything seized in exercise of the power conferred on a police officer by paragraph 12 of that Schedule or taken away by a police officer following the imposition of a requirement by virtue of Article 22 of that Law or, as the case may be, to anything produced to a police officer under paragraph 3 of that Schedule, and

(ii)      as if the references to a police officer in Article 23(3), (4) and (5) included references to that person.

4        General power of seizure

Where a designation applies this paragraph to a person –

(a)     that person shall have the same powers as a police officer –

(i)      under Article 21 of the 2003 Law, to seize things when lawfully on any premises, and

(ii)      under Article 21(4) of that Law, to impose a requirement in relation to information accessible from such premises;

(b)     Article 21(6) of the 2003 Law shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a)(i) as it has effect in relation to the seizure of anything by a police officer;

(c)     Article 23(1) and (2) of that Law shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him or her by virtue of sub-paragraph (a)(i) as if the references to a police officer included references to that person;

(d)     Article 23(3) to (8) and Article 24 of the 2003 Law shall have effect in relation to anything seized by that person in exercise of that power or taken away by him or her following the imposition of a requirement by virtue of sub-paragraph (a)(ii) –

(i)      as they have effect in relation to anything seized in exercise of the power conferred on a police officer by Article 21(2) or (3) of that Law or taken away by a police officer following the imposition of a requirement by virtue of Article 21(4) of that Law, and

(ii)      as if the references to a police officer in Article 23(3), (4) and (5) included references to that person.

5        Access and copying in the case of things seized by police officers

Where a designation applies this paragraph to a person, Article 23 of the 2003 Law shall have effect in relation to anything seized by a police officer as if the references to a police officer in Article 23(3), (4) and (5) included references to that person.

Part 2 – detention officer

6        Attendance at police station for finger printing

Where a designation applies this paragraph to a person, that person shall have the same powers as a police officer under Article 49 of the 2003 Law to require a person to attend a police station to have his or her fingerprints taken.

7        Non-intimate searches of detained persons

Where a designation applies this paragraph to a person –

(a)     that person shall have the powers of a police officer under Article 50 of the 2003 Law –

(i)      to carry out a search under that Article of any person at a police station or of any other person otherwise in police detention, and

(ii)      to seize or retain, or cause to be seized or retained, anything found on such a search;

(b)     Article 50(9) and (12) of the 2003 Law shall apply to the exercise by that person of any power exercisable under this paragraph as they apply to the exercise of such a power by a police officer.

8        Intimate searches of detained persons

Where a designation applies this paragraph to a person –

(a)     that person shall have the powers of an officer of the Force by virtue of Article 51(6) of the 2003 Law to carry out an intimate search of a person at a police station;

(b)     Article 51(7) of the 2003 Law shall apply to the exercise by that person of any power exercisable by virtue of this paragraph as it applies to the exercise of the power by an officer of the Force.

9        Fingerprinting without consent

Where a designation applies this paragraph to a person –

(a)     that person shall have, at a police station the powers of a police officer below the rank of Inspector to take fingerprints without the appropriate consent under Article 55 of the 2003 Law; and

(b)     the requirement by virtue of Article 55(11)(a) of the 2003 Law that a person must be informed by an officer that his or her fingerprints may be the subject of a speculative search shall be capable of being discharged, in the case of a person at a police station, by the person being so informed by the person to whom this paragraph applies.

10      Non-intimate samples

Where a designation applies this paragraph to a person –

(a)     that person shall have the power of a police officer below the rank of Inspector to take a non-intimate sample under Article 57 of the 2003 Law in the case of a person in a police station without the appropriate consent;

(b)     the requirement by virtue of Article 57(9), (10), (12) and (13) to inform a person of certain matters shall be capable of being discharged, in the case of a person at a police station, by the person being informed by the person to whom this paragraph applies.

11      Incidental powers in respect of detention

Where a designation applies this paragraph to a person –

(a)     that person may detain another person for a period not exceeding 30 minutes to await the arrival of a police officer if –

(i)      the designated person has reasonable grounds for suspecting that the other person has committed an offence, and

(ii)      that other person –

(A)    has failed to give his or her name or address when requested to do so by the designated person, or

(B)     has given his or her name or address but the designated person has reasonable grounds for suspecting that such name or address is false or inaccurate;

(b)     that person shall remain with a police officer who arrives within 30 minutes as referred to in sub-paragraph (a) until the person who has been detained has been transferred to the control of the police officer;

(c)     if the person who may be detained by virtue of sub-paragraph (a) agrees to accompany the person to whom this paragraph applies to a police station, the person to whom this paragraph applies shall be under a duty –

(i)      to keep that other person under control while detained at the police station or in its vicinity for as long as the person to whom this paragraph applies is responsible for him or her,

(ii)      to assist any police officer or other authorized person to keep the person detained at the police station or in its vicinity under control, and

(iii)     to prevent the escape of that other person from the police station or its vicinity;

(d)     that person shall be entitled to use reasonable force –

(i)      for any of the purposes described in sub-paragraph (c),

(ii)      for the purpose of securing, or assisting another authorized person to secure, the detention of the person who may be detained by virtue of sub-paragraph (a), or

(iii)     for the purpose of escorting that other person within a police station or assisting a police officer or other authorized person to escort such a person within a police station.

part 3 – escort officers

12      Power to take arrested person to a police station

(1)     Where a designation applies this paragraph to a person –

(a)     that person is authorized to take an arrested person to a police station under Article 28 of the 2003 Law as if the reference to a police officer taking an arrested person to a police station in Article 28(1) of that Law included a reference to that person;

(b)     Article 28 of the 2003 Law has effect in relation to the exercise of the power conferred by sub-paragraph (a) as if the references to a person being taken to a police station by a police officer in Article 28(3) and (9) (but not Article 28(4) to (8)) included references to that person;

(c)     that person who is taking an arrested person to a police station in exercise of the power conferred by clause (a) –

(i)      shall be treated for all purposes as having that arrested person in his or her lawful custody,

(ii)      shall be under a duty to keep the arrested person under control and to prevent the escape of that arrested person, and

(iii)     shall be entitled to use reasonable force to keep that arrested person in his or her charge and under his or her control;

(d)     that person who has taken an arrested person to a police station in exercise of the power conferred by clause (a) –

(i)      shall be under a duty to remain at the police station until he or she has transferred control of the arrested person to the custody officer at the police station,

(ii)      until he or she has so transferred control to the custody officer, shall be treated for all purposes as having the arrested person in his or her lawful custody,

(iii)     for so long as that person is at the police station or in its immediate vicinity in compliance with, or having complied with, the duty under clause (i), shall be under a duty to prevent the escape of the arrested person and to assist in keeping the arrested person under control, and

(iv)     shall be entitled to use reasonable force for the purpose of complying with the duty under clause (iii).

(2)     Without prejudice to any application of paragraph 7, where a person has another person in his or her lawful custody by virtue of sub-paragraph (1) –

(a)     he or she shall have the same powers under Article 50(7) and (8) of the 2003 Law as a police officer has in the case of a person in police detention –

(i)      to carry out a search of the other person, and

(ii)      to seize or retain, or cause to be seized or retained, anything found on such a search; and

(b)     Article 50(9) and (12) of the 2003 Law shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable under this sub-paragraph as they apply to the exercise of the power by a police officer.

13      Escort of persons in police detention

(1)     Where a designation applies this paragraph to any person, that person may be authorized by a custody officer to escort a person in police detention –

(a)     from a designated police station to another designated police station; or

(b)     from a designated police station to another place specified by the custody officer and then either back to the same or another designated police station.

(2)     A person who is escorting another person in accordance with the authorization under sub-paragraph (1) –

(a)     shall be treated for all purposes as having that other person in his or her lawful custody;

(b)     shall be under a duty to keep the other person under control and to prevent the escape of that other person; and

(c)     shall be entitled to use reasonable force to keep that other person in his or her charge and under his or her control.

(3)     A person who has escorted another person to a designated police station or other place in accordance with the authorization under sub-paragraph (1) –

(a)     shall be under a duty to remain at the designated police station or other place until he or she has transferred control of the other person to a custody officer or other responsible person there;

(b)     until the other person has been so transferred, shall be treated for all purposes as having that person in his or her lawful custody;

(c)     for so long as he or she is at the designated police station or other place, or in its immediate vicinity, in compliance with, or having complied with, the duty under clause (a), shall be under a duty to prevent the escape of the other person and to assist in keeping that other person under control; and

(d)     shall be entitled to use reasonable force for the purpose of complying with the duty under clause (c).

(4)     Without prejudice to any application of paragraph 7, where a person has another person in his or her lawful custody by virtue of sub-paragraph (3) –

(a)     that person shall have the same powers under Article 50(7) and (8) of the 2003 Law as a police officer has in the case of a person in police detention –

(i)      to carry out a search of the other person, and

(ii)      to seize or retain, or cause to be seized or retained, anything found on such a search; and

(b)     Article 50(9) and (12) of the 2003 Law shall apply to the exercise by that person of any power exercisable under this sub-paragraph as they apply to the exercise of the power by a police officer.

SCHEDULE 3

(Articles 26(9) and 27(9))

designated persons: complaints, discipline and conduct matters

1        Interpretation of this Schedule

In this Schedule –

‘Law’ means the Police (Complaints and Discipline) (Jersey) Law 1999[7];

‘Order’ means the Police (Complaints and Discipline Procedure) (Jersey) Order 2000[8];

‘designated contractor’ means the employee of a contractor designated under Article 27(2);

‘designated employee’ means a States’ employee designated under Article 26(1);

‘designated person’ means a designated contractor or designated employee, as the case requires;

‘disciplinary policy’ means –

(a)     in the case of a designated employee, the disciplinary policy applicable to States’ employees other than members of the Police Force;

(b)     in the case of a designated contractor, any policy of the contractor governing the conduct (as opposed to the performance) of the designated contractor in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct;

‘performance policy’ means –

(a)     in the case of a designated employee –

(i)      the capability policy applicable to States’ employees other than members of the Police Force,

(ii)      ‘attendance policy’ means the attendance policy applicable to States’ employees other than members of the States Police Force;

(b)     in the case of a designated contractor, any policy of the contractor governing the performance of a designated contractor for the purposes of assessing whether the performance is unsatisfactory and whether, as a result, any action is to be taken in relation to it.

2        Modifications of the Law and Order

(1)     Subject to the modifications set out in sub-paragraphs (2) and (3), Part 2 of the Law and the relevant parts of the Order shall apply to the exercise or performance by a designated person of the powers and duties conferred or imposed on him or her by the designation as they apply to a member of the Force.

(2)     Part 2 of the Law shall be read as if –

(a)     references to a complaint about the conduct of a member of the Force referred to conduct of the designated person in exercising or performing the powers and duties conferred or imposed on him or her by the designation;

(b)     references to disciplinary charges in Articles 4(2), 7(3)(b) and 11(1) referred to action taken under the disciplinary policy by the employer of the designated person following resolution of the complaint under Article 7 or investigation of the complaint under the Law;

(c)     the reference in Article 7(6) to an officer of at least the rank of the member of the Force against whom the complaint is made were to an officer who is equivalent in seniority to the designated person;

(d)     the reference to an offence against discipline in Article 8(a) referred to conduct by the designated person that would justify action being taken under the disciplinary policy;

(e)     the reference in Article 11(3) to a statement by the Chief Officer were to a statement by the Chief Officer stating whether he or she is of the opinion that grounds exist for the employer of the designated person to take action under the disciplinary policy or performance policy;

(f)      the reference in Article 12(1) to a recommendation by the Authority were to a written opinion by the Authority if it takes a different view to the Chief Officer’s statement under Article 11(3) as modified; and

(g)     Articles 12(2) to (7), 13 and 14 did not apply.

(3)     The Order shall be read as if –

(a)     the references in Article 2(2) and 4(1)(b) to an offence against discipline were to conduct by the designated person that would justify action being taken under the disciplinary policy;

(b)     the reference in Article 4(1) to suspension referred to suspension of the designation of the person under Article 26(1) or 27(2) of this Law, as the case may be;

(c)     the references in Articles 4(2) and 4(8) to a disciplinary charge or to being charged with an offence against discipline were to action being taken under the disciplinary policy;

(d)     the reference in Article 6(3) to an officer of at least the rank of the member of the Force concerned were to an officer who is equivalent in seniority to the designated person;

(e)     the reference in Article 9(1) to the Chief Officer considering whether a disciplinary charge should be preferred were to the Chief Officer considering whether grounds exist for action being taken by the employer of the designated person under the disciplinary policy or performance policy, as the case may be;

(f)      Articles 9(2) and (3) and 10 to 41 did not apply.”.