Railway Safety Accreditation Scheme Private Sector Companies
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Railway Safety Accreditation Scheme Private Sector Companies Managed on behalf of Forces and Chief Officers across England and Wales by ACPO CPI Ltd, a company owned by the Association of Chief Police Offices for England and Wales. Consideration has been given to the compatibility of this document and its related procedures with The Human Rights Act 1998, particularly in relation to its precepts; the legitimacy of its aims, the justification and its proportionality of the actions intended by it; that it is the least intrusive and damaging option necessary to achieve the aims; and that it defines the need to document the relevant decision making process and the outcomes of action. 04/13
Railway Safety Accreditation Scheme Index Page Number Part 1 Introduction & legal authority for Scheme. Introduction .............................................................................. 2 Definitions................................................................................. 3 Background to Scheme & legal authority ............................. 4 Private Company Accreditation Scheme ............................... 6 Legislation - Supplementary Provisions ............................... 8 Part 2 Accreditation Standards & Powers. Standards – Requirement………………………………………...9 Accreditation Standards - Accountability ............................. .9 Accreditation Standards - Calibre of Staff ............................ 13 Accreditation Standards - Identifiable and Distinct Role .... 15 Accreditation Standards - Communication ........................... 17 Powers ...................................................................................... 18 Part 3 Application Procedures Application - Approval of Employer ....................................... 20 Period of Accreditation - employer ........................................ 22 Accreditation of Employee...................................................... 22 Renewal Procedure .................................................................. 23 Appeals Process ...................................................................... 23 Appendix A - Protocol guidelines Appendix B - Information Sharing Appendix C – Specification for the Training Programme and Qualification for CSAS Accredited Persons Appendix D - Powers Available to Accredited People 04/13
Part 1: Introduction & legal authority for the scheme. 1 Introduction & legal authority for the scheme Under Section 40 of the Police Reform Act 2002 only Chief Officers of England and Wales can accredit Railway Safety Accreditation Schemes in the geographical area covered by their force area. ACPO CPI Ltd, a company owned by the Association of Chief Police Officers acting on behalf of every Chief Officer in England and Wales, has been nominated by the Association of Chief Police Officers to undertake the assessment of private sector companies seeking approval and then make recommendations to the Chief Officer as to whether, a private sector company should have their staff accredited. It should be clearly understood that ACPO CPI Ltd is not responsible for granting or refusing accreditation. ACPO CPI Ltd undertakes the examination of a company and then makes a recommendation to the Chief Officer responsible in British Transport Police. It is up to the Chief Officer who individually decides whether to grant approval or not. ACPO CPI Ltd will, on behalf of Chief Officers responsible for policing a geographical area in which an application is made, make a charge for undertaking this assessment. Any reference within these papers to ACPO CPI Ltd and assessment or requests it makes, should clearly be understood to mean that it is an assessment or request being made on behalf of the Chief Officer for the force area in which each application for approval is being made. 2 04/13
2 Definitions The following definitions used throughout this document apply to the process that private companies must follow to seek approval:- 2.1 “ACPO” the Association of Chief Police Officers of England, Wales & Northern Ireland. 2.2 “ACPO CPI Ltd” Association of Chief Police Officers Crime Prevention Initiatives Limited. 2.3 “The Act” shall mean the Police Reform Act 2002. 2.4 “Chief Officer” shall mean the Commissioner or Chief Constable for the Police area where the Railway Safety Accreditation scheme is in operation. 2.5 “Nominated Officer” shall mean the duly appointed individual within a Police Force area. 2.6 “Accredited Person” shall mean the person accredited under the employers’ Railway Safety Accreditation Scheme. 2.7 “Fee” shall mean such sum charged by ACPO CPI Ltd on behalf of Chief Officers from time to time for the administration of the Scheme as is notified on an annual basis. 2.8 “Fit and proper person” is the term contained in the Act for an accredited person’s employer but will include Chief Executives, Managing Directors and other identified responsible persons in the relevant organisations as agreed by the Nominated Officer. 2.9 “Authorised Signatory” shall mean the person authorised by the private company seeking accreditation under the Scheme to sign documents on behalf of the private company. 2.10 “Liaison Officer” shall mean the individual appointed by the local police force to oversee the co-ordination and the communication for each scheme. 2.11 “Employer” shall mean the organisation that will be seeking accreditation of members of its staff to act as accredited persons. 2.12 “Company Approval Officer” shall mean a person appointed by ACPO CPI Ltd on behalf of Chief Officers. 2.13 “Private Company” shall mean limited companies, Plc’s, trusts and charities who wish to operate a Railway Safety Accreditation Scheme. 3 04/13
3 Background to the Scheme & legal authority 3.1 It is widely accepted that uniform presence on the streets and other public places has long ceased to be the sole preserve of police officers and public demand for uniformed foot patrols shows no sign of abating. As a consequence, the last decade has witnessed the expansion of privately funded security patrols on our estates and in our shopping centres. More recently, a variety of warden schemes have involved local authorities and other agencies or partnerships in peacekeeping and community safety patrols, utilising paid and trained staff. Hitherto such individuals and groups were not considered to be part of the extended police family. The introduction of the Crime and Disorder Act saw great steps in the bringing together of the partner organisations to work together to address community safety issues. 3.2 The development of these “mixed patrols” incorporating Police Community Support Officers and wardens brings with it the need for assurance as to its probity, professionalism and the ability to deliver a high quality service to the public. This has offered the police service the opportunity to act as guide and close partner to other organisations and agencies thus giving rise to the “extended police family” 3.3 The Police Reform Act 2002 The Police Reform Act 2002 (“the Act”) introduced a system whereby persons who are not police officers may exercise certain police powers. Under Section 40 of the Act it is stated that the Chief Officer of any police force may, if considered that it is appropriate to do so (for the purposes set out in Section 40(3) of the Act), establish and maintain a scheme to be known as a “Railway Safety Accreditation Scheme”(RSAS). The purposes set out in Section 40(3) are: - (a) contributing to railway safety and security; and (b) in co-operation with the police force for the area, combating crime and disorder, public nuisance and other forms of anti-social behaviour. 3.4 Section 41(1) of the Act refers to accreditation under Railway Safety Accreditation Schemes where the Chief Officer has entered into arrangements with any employer in respect of the carrying out of railway safety functions by employees of that employer. 3.5 Section 41(2) enables the Chief Officer to grant accreditation to any employee of the employer where an application has been made in the manner required by the Chief Officer. A Chief Officer shall not grant accreditation to a person under Section 41(4) unless he is satisfied: - 4 04/13
(a) that the person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted; (b) that the person is a suitable person to exercise the powers that will be conferred on them by virtue of the accreditation; (c) that the person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on them; and (d) that the person has received adequate training for the exercise of those powers. 3.6 In addition, Section 41(5) allows a Chief Officer to charge such a fee as considered appropriate for considering an application for or the renewal of an accreditation under this section and/or granting such an accreditation. 3.7 Where the Chief Officer has granted accreditation to an employee under Section 41 then Schedule 5 of the Act (which sets out the powers that may be conferred on accredited persons) shall have effect (with any restrictions and/or conditions deemed appropriate by the Chief Officer). The powers detailed in Schedule 5 are set out in The Act. 3.8 Section 41(6) of the Act states that a person authorised or required to do anything by virtue of an accreditation under Section 41 – (a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in course of their employment by the employer with whom the Chief Officer has entered into the arrangements referred to above; and (b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation. 3.9 Save where an accreditation has been previously withdrawn or ceases to have effect in accordance with Section 41(8), then the accreditation shall remain in force for such a period as may be specified in the accreditation. However, the accreditation may be renewed at any time with effect from the time when it would otherwise expire (Section 41(7). 3.10 An accreditation ceases to have effect (a) if the accredited person ceases to be an employee of the person with whom the Chief Officer has entered into the arrangements; or (b) if those arrangements are terminated or expire (Section 41(8)). 5 04/13
3.11 This scheme has been compiled having taken cognisance of the following documents: the Association of Chief Police Officers (ACPO) fundamental principals relating to warden schemes revised July 2002 and a report to the Chief Constables’ Council on 9th April 2003 regarding the implementation of Community Safety Accreditation Schemes. It also acknowledges and has adopted the guidance contained in the “ACPO Guidance on Community Safety Accreditation Schemes” published in July 2003, revised March 2008. At the Chief Constables’ Council meeting on 27th January, 2005, it was agreed that ACPO CPI Ltd would act as an agent for Chief Officers in approving companies in the private sector. 4 Private Company Accreditation Scheme 4.1 The Scheme is a Railway Safety Accreditation Scheme under Section 41 of the Act 2002. It is therefore the intention of ACPO CPI Ltd on behalf of Chief Officers to offer certain employers an accreditation scheme in respect of the carrying out of certain railway safety functions as detailed in The Act. 4.2 Private companies that are operating within England and Wales may apply to ACPO CPI Ltd on behalf of Chief Officers for approval. The two elements incorporated into the accreditation process are approval of the employer and accreditation of the employee. 4.3 Although the accreditation scheme referred to under the Act is in respect of employees only, Chief officers need to satisfy themselves that employers who want to take the benefit of the Scheme are fit and proper persons and have appropriate procedures and policies in place to properly supervise accredited employees. Chief Officers in England and Wales have nominated ACPO CPI Ltd to act as their agent to approve employers who meet these criteria in accordance with the procedure set out within this document. 4.4 Schedule 5 of the Act details the powers that can be exercised by an Accredited Person if specified within the Accreditation. Apart from those powers, no person will receive accreditation to enforce any powers other than those available to the ordinary citizen. 4.5 (1) Under Section 43 of the Act The Secretary of State may make regulations for the purpose of enabling the Chief Constable of British Transport Police Force to establish and maintain a scheme (a ‘Railway Safety Accreditation Scheme). (2) A Railway Safety Accreditation Scheme is a scheme for the exercise in, on or in the vicinity of policed premises in England and Wales, by persons accredited by the Chief Constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their 6 04/13
accreditation under that scheme. 5 Legislation - Supplementary Provisions relating to Accreditation 5.1 Section 42 of the Act contains supplementary provisions relating to designations and accreditation generally. Those provisions which are relevant to an accreditation under Section 41 are detailed below. 5.2 42(1) A person who exercises or performs any power or duty in relation to any person in reliance on his designation under Section 38 or 39 or his accreditation under Section 41, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so. 5.3 42(2) A power exercisable by any person in reliance on their designation by a Chief Officer of Police under Section 38 or 39 or his accreditation under Section 41, shall be exercisable only by a person wearing such uniform as may be:- (a) determined or approved for the purposes of this Act by the Chief Officer who granted the designation or accreditation; and (b) identified or described in the designation or accreditation; and in the case of an accredited person, such a power shall be exercisable only if they are also wearing such badge as may be specified for the purposes of this subsection by the Secretary of State, and is wearing it in such manner, or in such place, as may be so specified. 5.4 42(3) A Chief Officer who has granted a designation or accreditation to any person under Section 38, 39 or 41 may at any time, by notice to the designated or accredited person, modify or withdraw that designation or accreditation. 5.5 42(6) Where any person’s accreditation under Section 41 is modified or withdrawn. The Chief Officer giving notice of the modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person, in the carrying out of the functions for the purposes of which the accreditation was granted. 5.6 Offences against designated and accredited persons Accredited Persons may come into conflict during the course of their duties and the legal exercise of their powers. It is vital, therefore, that legislation protects Accredited Persons and any persons assisting them eg. a bystander coming to the assistance of an Accredited Person being assaulted is also protected under the law. Section 46 sets out the following offences :- (1) Any person who assaults: - (a) a designated person in the execution of their duty, (b) an accredited person in the execution of their duty, or 7 04/13
(c) a person assisting a designated or accredited person in the execution of their duty, is guilty of an offence and shall be liable on, summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both. (2) Any person who resists or wilfully obstructs: - (a) a designated person in the execution of their duty, (b) an accredited person in the execution of their duty, or (c) a person assisting a designated or accredited person in the execution of their duty, is guilty of an offence and shall be liable on, summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (3) Any person who with intent to deceive: - (a) impersonates a designated person or accredited person (b) makes any statement or does any act calculated falsely to suggest that he is a designated person or accredited person, (c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated person or accredited person that exceed the powers that he actually has, is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both. Part 2: Accreditation Standards & powers. 6 Standards 6.1 For the employer to obtain accreditation the following standards will be adhered to in order to ensure the smooth and efficient running of the scheme. It is necessary for them to demonstrate that it is a fit and proper organisation to supervise employees in carrying out the functions for which the accreditation is to be granted. It is therefore incumbent upon the employer to ensure that the following standards are put into place and strictly adhered to. 7. Accreditation Standards - Accountability 7.1 Management Section 41 (4) Police Reform Act 2002 provides that the person’s employer is a fit and proper person to supervise the carrying out of the functions for which the accreditation is granted. Primary accountability of Accredited Persons will be to their employing agency although establishment of the Scheme within the Crime and Disorder Reduction Partnership (CDRP) will enable the local police to influence their activities and their targeted deployment in ways which complement police patrols. 8 04/13
7.2 Complaints and Procedure Employers must have established and satisfactory arrangements for the handling of complaints made by either a member of the public or another employee relating to the carrying out by itself or its employee(s) of the functions for which accreditation is requested and be able to demonstrate these procedures. For the purpose of satisfying themselves that the employers complaints system is working properly, ACPO CPI Ltd on behalf of Chief Officers will require access to individual complaints records and to those operating the complaints system in accordance with Data Protection and Human Rights. Criteria Acceptable Evidence You should have a Code of Documents containing the Code. Documents containing Conduct for employees, which the procedures and sanctions if it is breached by a is familiar to your staff. member of staff. Give details of staff and management training on the Code and consequences of breaches. You have a written, easy to Documents containing the procedure. The stages of the use, complaints procedure that process should be set out clearly. Complainants should is available to the public. It be able to register their complaint in a variety of ways should include a commitment including in person and in writing. Documents detailing to deal with complaints within a any review procedure if a complainant is not satisfied specific time limit whenever with the initial process should be included. possible You should give staff guidance Include guidance documents provided for staff. Provided and training in handling and details of training in complaints resolution for staff or recording complaints. management. You keep records of Documents used for recording complaints and any complaints and the action guidance provided on their use. Details of complaints taken to deal with them. received in the last year should be provided. Access to inspect your complaints records may be required. 9 04/13
7.3 Powers There is no provision within the Act to enhance the powers of wardens beyond those of the ordinary Citizen other than those issued under Schedule 5 of the Act which set out the powers that may be conferred on accredited persons. 7.4 Funding Warden schemes will be funded from identifiable sources that do not involve any diminution of police budgets. 7.5 Monitoring and evaluation 7.5.1 Evaluation is a key aspect of any scheme and forces may wish to conduct their own specific evaluations. Quarterly-monitoring reports will be sent to the force Nominated Officer and the Company Approval Officer at ACPO CPI Ltd giving basic details of the operation of the Scheme, incidents attended, publicity, initiatives carried out, etc. 7.5.2 Records of incidents, duty diaries, and any other record must be kept stored securely for a minimum of seven years. 7.5.3 The existence and performance of any Scheme must also be included in any formal or informal audit policy and end of year reports. 7.6 Insurance The Employer will be required to show current certification stating they are in possession of employers liability insurance of a sum not less than £5,000,000 and public liability insurance of a sum not less than £5,000,000. 7.7 Joint Signatories Forces should consider having Information Sharing and Joint Operational Protocols to be signed by the Chief Officer, Authorised Signatory, and where appropriate the CDRP and should be reviewed on an annual basis. 7.8 Security Industry Authority (SIA) Licence The Private Security Industry Act 2001 requires those undertaking designated activities to obtain a licence from the Security Industry Authority. Without such a licence it will be illegal for any individual within a private sector security contracting company to be accredited unless they hold such a licence. 10 04/13
In addition the Private Security Industry Act empowers the SIA to introduce a voluntary approved contractors scheme. 7.9 Changes in staff and suspension of accreditation (a) All changes in staff must be notified in writing to the Nominated Officer not more than 28 days from the date of that change. (b) The employers may themselves suspend an employee’s accreditation at any time without prior reference to the Chief Officer. This should be considered when managing misconduct, although the employer should still notify the Nominated Officer within the agreed period. (c) Should an accredited person be convicted of a criminal offence during the period of his or her accreditation, it is recommended that the accreditation be suspended immediately and be reviewed by the Nominated Officer, who at all times should engage in dialogue with the individual’s employer. (d) Furthermore, an employer must notify the Nominated Officer of any circumstances that would reasonably challenge the individual’s status as a “fit and proper person”. (e) The employer must notify the Nominated Officer if three complaints have been made and proven against an individual, or if three instances of misconduct have been found to have occurred, so that the accreditation may be reviewed. (f) Where any person’s accreditation is modified or withdrawn, the Nominated Officer giving notice of modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person in the carrying out the functions for the purposes of which accreditation was granted. 7.11 Legal Liability Section 42(10) of the Act states that: For the purpose of determining liability for the unlawful conduct of employees of a person with whom a Chief Constable has entered into any arrangements for the purposes of a RSAS, conduct by such an employee in reliance or purported reliance on an accreditation under Section 41 shall be taken to be conduct in the course of their employment by that employer; and, in the case of a tort, that employee shall be treated as a joint tortfeasor accordingly. Any reference to joint tortfeasors here means the employee and the employer, not the Police nor the Police Authority, who would only be liable if the accredited person is employed by the Police Authority. 11 04/13
8. Accreditation Standards - Calibre of Staff 8.1 Job Specifications A detailed job and person specification shall be made available prior to the recruitment procedure taking place. 8.2 Selection and Recruitment A recruitment policy shall be established to ensure that only those persons suitable to hold the office will be employed, this will include satisfactory training and vetting procedures. Vetting should comply with British Standard 7858 Vetting of Security Personnel, and cater for right to work issues under the Immigration and Asylum Act 1999. These should comply with Human Rights and Equal Opportunities legislation and with the general duty under the Race Relations (Amendment) Act (2000) in respect of employment and service delivery. 8.3 Vetting Due to the association with the Police it is essential that the background of Accredited Persons be thoroughly checked. The Rehabilitation of Offenders Act (1974) does not apply and the employee’s application must declare spent convictions together with any pending matters. The employer will notify ACPO CPI Ltd on behalf of Chief Officers of any facts that may affect this principle. 8.4 Training Plan Section 41 (4) of the Act provides that the person is capable of effectively carrying out the functions for which powers are to be conferred on them, that the person has received adequate training for the exercise of those powers and has been subject to an assessment or knowledge check. To this end the employer shall ensure that all employees receive training as notified in the application and approved by the Chief Officer. Further training specification can be found in Appendix C. Evidence of any training received or qualifications obtained will be required. It is suggested that employees seeking accreditation should have had training that covered these topics. Roles and Responsibilities (including code of conduct). Basic Legal Knowledge (including citizen’s arrest, human rights, legislation relevant to role). Police and Criminal Evidence Act (PACE). Communication skills (should include conflict management, assertiveness, and use of any communication equipment such as phones or radios). 12 04/13
Reports (should cover when to make records of incidents, recording and reporting procedures, use of notebooks). Health and Safety (including personal safety, risk assessment and actions to take, and basic first aid). Diversity/Community and Race Relations (covering diversity awareness, fairness, prejudice and stereotyping, anti discriminatory practice, and Equal Opportunities, Race Relations and Disability Discrimination Acts). Human Rights Act (Accredited Persons and their employers are likely to be considered Public Authorities in terms of Section 6 (3) (b) of the Human Rights Act 1998). Regulation of Investigatory Powers Act (2000). Details of other relevant training or qualifications may be sought as these will assist in demonstrating capability. The experience of an employee who has worked in the field for some time may also be considered relevant if there are gaps in formal training. 8.5 Supervision Section 40 (8) of the Act provides that a scheme must contain provision for making arrangements with employers to supervise employees carrying out railway safety functions. A proper supervisory structure shall be put in place which will address the need for daily direction and control of employees to include work allocation and direction, health and safety of the employee whilst on duty, monitoring of workloads and interaction with the local police as appropriate. These observations should also be included in any staff appraisal system. The supervisor shall also be subject to vetting procedures and should be trained in the issues connected with the use of powers by staff under their control. 8.6 Discipline The employer shall establish and maintain satisfactory arrangements for the handling of complaints relating to the carrying out by its employees of the functions for which accreditation is required. The employer shall notify the Nominated Officer of any changes or occurrences that may render the employee unsuitable and/or warrant withdrawal of the employees’ accreditation or the employees’ accreditation under the scheme. 13 04/13
9. Accreditation Standards - Identifiable and Distinct 9.1 Vehicles Accredited Persons should be readily identifiable at local level and their vehicles should be distinct from that of the police in terms of livery and corporate image so as to avoid confusion to the public. Details of any vehicles and livery should be forwarded with the application for accreditation and be agreed as suitable by ACPO CPI Ltd on behalf of Chief Officers. 9.2 Appearance Accredited Persons should be readily identifiable at local level. Their appearance should be distinct from that of the police in terms of uniform and corporate image so as to avoid confusion to the public. The employer shall provide an identifiable uniform to the employee that meets the needs of the employee in relation to the Health and Safety at Work Act. It should also be of a standard and design that is agreed by ACPO CPI Ltd on behalf of Chief Officers as appropriate for the high visibility and reassuring role the accredited person is to perform. The uniform shall incorporate a means of identifying the wearer by means of an identification number or name badge. In addition it should include, as part of or separate from that design, the badge as specified for the purposes of Section 42(2) of the Act by the Secretary of State. The employer shall also ensure that the employee wears such badge in such manner, or in such place, as may be so specified by the Act. The badge must be in same proportions with minimum dimensions of 73mm x 80mm. 9.3 Identity Cards All Accredited Persons should be prepared to show identification cards if requested. The card should contain the holders name, job title, photograph and company name. 14 04/13
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10. Accreditation Standards Role 10.1 Patrol Schedule The area in which the proposed scheme will be operating will be documented in the employer’s application; this will include the shift pattern that Accredited Persons will be working. 10.2 Functions The proposed role and function of the employees within the scheme will be documented in the employers application providing evidence of the purposes set out in Section 40(3) of the Act (para 2.3). 11. Accreditation Standards Communication 11.1 Information Sharing An information sharing protocol will be signed between both the employer and the local Chief Officer to clarify the information sharing arrangements, and provide a framework to facilitate and govern the sharing of information, intelligence and evidence. The dissemination of intelligence must be carefully managed and obligations under the Data Protection Act 1998 and subsequent associated legislation must be met. It will invariably be in the interests of all partners to work towards the same aims and this will only occur if free and open lines of communication are maintained. Links in to the tasking and co- ordination processes at a local level, as per the National Intelligence Model, will be agreed as appropriate in individual circumstances. The local Police Information Security Policy will form the basis of this agreement. The supervisor must ensure all Accredited Persons are aware of the protocols and the consequence of non-compliance (see Appendix A for a suggested protocol). 11.2 Security All information provided by the Police to the scheme will only be accessed by the accredited persons and when not being used will be kept in a secure place. Any computer systems must be password protected and will only be accessed by the accredited persons. A protocol will be signed by the Chief Officer and employer clarifying the security arrangements required and to be enforced. 11.3 Communication Systems The employer shall provide suitable equipment and resources to ensure adequate lines of communication between the employer and employee and the police Communications and Control Centre in the event of urgent need. This will ensure backup is more readily available and also provide for accredited persons to report serious incidents speedily. 16 04/13
12. Available Powers 12.1 Schedule 5 to the Police Reform Act 2002 refers to the powers under community safety arrangements made between a Chief Officer and any employer. Schedule 5 powers take effect when the Chief Officer grants accreditation to an employee under arrangements under Section 41 of the Police Reform Act 2002 (with any restrictions and/or conditions deemed appropriate by the Chief Officer). That person is then to be regarded as an accredited person under the Act. Paragraph 1 of Schedule 5 refers to the power of an accredited person, whose accreditation specifies that this paragraph applies to him, to issue fixed penalty notices. 12.2 Power to issue fixed penalty notices (1) An accredited person whose accreditation specifies that this paragraph applies to them shall have the powers specified in sub-paragraph (2) in relation to any individual who they have reason to believe has committed or is committing a relevant fixed penalty offence at a place within the relevant police area. (2) Those powers are the following powers so far as exercisable in respect of a relevant offence:- (a) an offence under section 55 of the British Tranpsort Commission Act 1949 (c. xxix) (trespassing on a railway) (b) an offence under Section 56 of that Act (throwing stones etc at trains or other thing on railways) (3) In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which:- (a) is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph (2)(a) to (c); and (b) is specified or described in that person’s accreditation as an offence they have been accredited to enforce. 12.3 Power to require giving of name and address. (1) Where an accredited person whose accreditation specifies that this paragraph applies to them has reason to believe that another person has committed a relevant offence in the relevant police area, they may require that other person to give them their name and address. (2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 17 04/13
(3) In this paragraph “relevant offence”, in relation to any accredited person, means any offence which is- (a) a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or (b) an offence the commission of which appears to the accredited person to have caused (i) injury, alarm or distress to any other person; or (ii) the loss of, or any damage to, any other person’s property; but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation. 12.4 Powers to require name and address of person acting in an anti-social manner An accredited person whose accreditation specifies that this paragraph applies to them shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom they have reason to believe to have been acting, or to be acting, in an anti-social manner (which the meaning of section 1 of the Crime and Disorder Act 1998 (c 37) (anti-social behaviour orders)) to give their name and address. 12.5 Alcohol consumption in designated public places An accredited person whose accreditation specifies that this paragraph applies to them shall, within the relevant police area, have the powers of a constable under section 12 of the Criminal Justice and Police Act 2001 (c 16) (alcohol consumption in public places)- (a) to impose a requirement under sub-section (2) of that section; and (b) to dispose under sub-section (3) of that section of anything surrendered to them; and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in sub-sections (1) and (5) were references to the accredited person. 12.6 Confiscation of alcohol An accredited person whose accreditation specifies that this paragraph applies to them shall, within the relevant police area, have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c 33) (confiscation of intoxicating liquor)- 18 04/13
(a) to impose a requirement under sub-section (1) of that section; and (b) to dispose under sub-section (2) of that section of anything surrendered to them; and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in sub-sections (1) and (4) (but not the reference in sub-section (5) (arrest)) were references to the accredited person. 12.7 Confiscation of tobacco (1) An accredited person whose accreditation specifies that this paragraph applies to them shall, within the relevant police area, have- a. the power to seize anything that a constable in uniform has a duty to seize under sub-section (3) of section 7 of the Children and Young Persons Act 1933 (c 12) (seizure of tobacco etc from young persons); and b. the power to dispose of anything that a constable may dispose of under that sub-section; and the power to dispose of anything shall be a power to dispose of it in such manner as the relevant employer of the accredited person may direct. (2) In this paragraph “relevant employer”, in relation to an accredited person means the person with whom the chief officer of police for the relevant police area has entered into arrangements under section 40. 12.8 Abandoned vehicles An accredited person whose accreditation specifies that this paragraph applies to them shall have all such powers in the relevant police area as are conferred on accredited persons by regulations under section 99 of the Road Traffic Regulation Act 1984 (c 27) (removal of abandoned vehicles). 12.9 Meaning of “relevant police area” In this Schedule ‘policed premises’ has the meaning given by section 53 (3) of the British Transport Commission Act 1949. 19 04/13
Part 3: Approval procedures for accreditation. 13. Approval of the Employer 13.1 For the employer to obtain approval under the Scheme it is necessary to demonstrate that the employer is a fit and proper person to supervise employees in carrying out the functions for which the accreditation is to be granted. 13.2 It is therefore incumbent upon the employer to ensure that the policies and procedures as set out in the Accreditation Standards are put in place. 14. Approval of the Private Company – Procedure 14.1 The Employer shall send to the Companies Approval Officer at ACPO CPI Ltd. the following: - (a) The employers application for approval (Form A) (b) A statement of compliance with the purposes set out in Section 40(3) of the Act (Paragraph 2.3) (Form B) (c) Completed disclaimer (Form C) (d) Completed vetting forms for the authorised signatory and, in the case of a limited company, all company directors and company partners, or in the case of an unlimited company the sole trader or company owners (Form D Part I and the Financial Information Form for Vetting Purposes, Form D Part II) (e) The appropriate fee (Appendix C) (f) Company logo (for use on Accredited Persons identification badge) in electronic format. 14.2 A written policy statement identifying the organisation and any parent, subsidiary body or company and include a description of applicant’s purpose and extent of operation. 14.3 Copies of the following documents: - (a) Post Profile and Person Specification. (b) Recruitment Policy and compliance with Equal Opportunities. (c) The Training Plan for each post requiring accreditation for the whole period of accreditation, which must include diversity and all other elements listed (8.4); Training should be of equivalent standard to qualifications issued by Skills for Security or similar organisations. (d) Written policies and procedures relating to the employee’s supervisory structure which shall include details of how the employee will be directed and controlled on a daily basis 20 04/13
including details of the immediate supervisor, work allocation and direction, area in which the employee will work if accredited, health and safety, monitoring of workloads, standards and interaction with the local police. (e) The employer’s complaints procedure. (f) If appropriate written details of the system in place for the administration of the Fixed Penalty Scheme and the enforcement of unpaid fines. (g) Existing enforcement policies (local and government enforcement concordat) and proposals for additional powers if applicable. (h) Any other supporting documents e.g. Accreditation by another body, Neighbourhood Renewal Unit Quality Assured standard, Chartermark, Investors in People, Inspectorate body, ISO Standards, BS achievements, etc. (i) Valid insurance documents for employers liability insurance of a sum not less than £5,000,000 and public liability insurance of a sum not less than £5,000,000 14.4 Upon receipt of the documents as detailed above, the Companies Approval Officer may seek further documents from the employer if such documents are required to assist the ACPO CPI Ltd Companies Approval Officer. It may also be necessary for the Companies Approval Officer to visit the employer’s premises and if so the employer shall provide all reasonable assistance in accommodating such requests for access. 15. Period of Approval - Employer 15.1 An employer shall be approved in the first instance for a period of one year and thereafter every three years. An employer must submit their application to the Companies Approval Officer, ACPO CPI Ltd, for re-approval three months prior to the expiry date. It is the employer’s responsibility to ensure that approval is renewed in sufficient time under the terms of the scheme and that the scheme is operating within the confines of the approval. (Accreditation Standards 1, 1.6) 15.2 Accreditation of the Employee 15.3 Prior to an employee being permitted by an employer to carry out any of the functions for which accreditation is required, the employer shall ensure that the employee in question has been accredited by the Chief Officer for the area the employee will be working. 21 04/13
15.4 It should be noted that the Chief Officer will not grant accreditation to an employee unless satisfied of the following: - (a) That the person’s employer has been approved in accordance with the Scheme. (b) That the person is a suitable person to exercise the powers that will be conferred on them by virtue of the accreditation, in the event of no employment records or appraisals to evidence capabilities this will be monitored and evaluated quarterly. (c) That such person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him/her. (d) That such person has received adequate training for the exercise of those powers and the various elements of diversity, human rights etc. 16. Renewal procedure 16.1 In accordance with the timescales set in paragraphs 14 and 19 the employer shall submit the renewal form (employer). The application should be accompanied by a report setting out the progress of the Scheme and covering the matters as set out in Accreditation Standards for the expiring period and a plan for the forthcoming period. Any updates of evidence or changes that may affect any of the arrangements connected with the Scheme shall also be notified. 16.2 The Companies Approval Officer may wish to visit the scheme to review the evidence provided and monitor compliance with the principles of the Scheme and this should be facilitated and any reasonable requests complied with. 17. Appeals Process 17.1 The Companies Approval Officer will endeavour to resolve, with the employer, and problematic issues raised in the application or renewal process, before making recommendations to the Chief Officer of the Force concerned. 17.2 In the event that the Chief Officer decides to refuse the application or renewal in respect of an employer/employee, a formal appeal must be made to the Chief Officer within three months of the date of initial refusal. The Chief Officer’s decision is final (subject to judicial review procedures). 22 04/13
Appendix A Railway Safety Accreditation Scheme Guidelines for creating Joint Operating Protocol Between The Accredited Organisation, the Police and where appropriate the Crime and Disorder Reduction Partnership 1. Purpose 1.1 The purpose of this document is to formalise the working relationship and joint operating strategy between the parties. The document and its contents should be reviewed as a formal written memorandum between the parties involved. 1.2 Nothing in the document should be seen as legally binding by any of the parties binding them to a specific course of action. It is an agreement, based upon good practice and mutual advantage, which may be subject to alteration. No changes should be made to the document without prior agreement /consultation of the parties. 1.3 The parties should be represented by the Chief Officer, the Authorised Signatory and where appropriate a nominated individual from the Crime and Disorder Reduction Partnership. The Authorised Signatory will be an individual identified by the Accredited Organisation to act as liaison and deal with correspondence and any day-to-day strategic issues. 2. Aims and Objectives 2.1 The overall aim of this document is to create a mutual understanding of the day-to-day operational issues that relate to the parties. 2.2 In order to achieve this aim the following objectives must be determined: 04/13
i. The area in which the scheme will be operating must be defined and a map showing the local neighbourhood policing boundaries must be supplied. ii. The Liaison Officer must be identified. iii. All Accredited Persons who will be acting in the scheme and their immediate supervisor must be identified together with arrangements for on street supervision and monitoring of documents and reports. iv. A line of communication will be agreed to exchange of information and report incidents between the parties. 3. Communication 3.1 All operational identified persons in the scheme must provide contact details to other members of the scheme. 3.2 Appropriate lines of communication and methods to exchange information must be established. These methods must be documented. 3.3 This line of communication will assist and enable contact between the appropriate department for operational matters that are not subject to immediate response, but need a lower level of police response. 4. Consultation 4.1 It is important that the signatories of the protocol liase with each other in relation to any issue, especially those which may have implications impacting on any organisational issues for any of the parties. 4.2 The scheme should agree to convene from time to time at the request of any party subject to this document to discuss any areas of operational difficulty with a view to swiftly resolving problems. 5. Information sharing (see information sharing protocol guidance for full details) 5.1 The key outcomes of information sharing will be: contributing to railway safety and security, combating crime and disorder, public nuisance and other forms of anti-social behaviour within a police force area. 2 04/13
5.2 All parties recognise the advantage of sharing relevant information. This is to be perpetuated and developed within the spirit of the Crime and Disorder Act (1998). 5.3 Without timely, accurate information, the scheme will not reach its full potential. Moreover, information sharing in its widest sense will be required to ensure improved performance and working relationships between the parties involved. This will enhance “good practice.” 5.4 The Police undertake to offer support, guidance and give advice to the scheme and are committed to building excellent working relationships with all involved in the Scheme. 3 04/13
Appendix B Railway Safety Accreditation Scheme Guidelines for creating Information Sharing Protocol Between The Accredited Organisation, the Police and where appropriate the Crime and Disorder Reduction Partnership 1. Purpose 1.1 The purpose of this protocol is to create a system for the formal exchange of information within the Scheme in order to communicate intelligence regarding crime and disorder, public nuisance and anti- social behaviour. 1.2 The scheme must accept full responsibility for safe keeping of all information. This protocol does not create a legal obligation on the Chief Officer to disclose any information, which he may in his absolute discretion think fit. 2. Enforcement 2.1 Accredited Persons of the relevant scheme, who come across known/unknown offenders, will gather intelligence in the relevant forms supplied by the Police. These forms will then be submitted to the Supervisor, who will pass them on to the Police utilising the fax number(s) provided. Not by e-mail. 2.2 Accredited Persons should never put themselves in danger and will inform the Police if a crime is being committed and observe only. This will be done via the 999 emergency telephone system either direct from the Accredited Person or via their internal communications system. 04/13
3. Safeguards 3.1 Photographs, information and other intelligence will only be released subject to compliance with the conditions outlined within this protocol and in accordance with the ACPO Media Advisory Group guidance. 3.2 The release of all photographs and other intelligence will be authorised by the Liaison Officer. 3.3 All parties within the Scheme will keep a written record of all circulations. 3.4 Photographs:- i will be supplied by the Police of convicted persons who intelligence suggests are concerned in specific crimes within the area of the scheme. This intelligence will be subject to thorough investigation and will only be deemed appropriate for dissemination if the Liaison Officer considers it necessary. The criteria for selection will be based on the quality of the information and the grading of the information as per the National Police Intelligence grading system ii of juveniles will not be circulated. iii will only be released against the dated signature of an Accredited Person. At the time of release a review date will be set. In any event a review will take place at regular intervals, not longer than three months. iv will only be retained by the Accredited Persons, if, after review, the individual concerned is still deemed to be active in offences that initiated the initial passing of the photograph. v must be collected and presented as evidence in the usual way should identification using an image be made which results in legal process. 4. Information Exchange 4.1 It is acknowledged that some of the information shared is confidential and that all parties in the Scheme must abide by the conditions below:- i. the information is exchanged with the sole purpose of assisting the Scheme in helping to reduce crime and disorder, public nuisance and anti-social behaviour. 2 04/13
ii. the information is retained in a private secure area, not accessible to the public, and that it is only viewed by relevant Accredited Person. iii. the information will be provided to the relevant Accredited Persons whenever it is deemed necessary by the Liaison Officer. iv. lockable cabinets must be used to store any photographs, information and other intelligence supplied by the Police. v. a log will be kept of all people who have been shown the photographs. The log should contain the date, time, name and reason for showing the photograph. vi. the information is not displayed publicly, nor will it be duplicated or further distributed to any unauthorised personnel or other parties outside the scheme. vii. the information will be returned to the Police on demand and in any event made available for review at a period of no longer than 3 months. viii. to agree that the copyright and ownership of the information remain vested in the Chief Officer. ix. to be aware of the conditions contained within Regulation of Investigatory Powers Act 2000 in relation to certain types of information and intelligence 4.2 Intelligence from the scheme should be transmitted into police systems via the methods agreed in accordance with legislation. However received, police officers will ensure that all information is processed diligently and expeditiously. 4.3 Each organisation will ensure that all parties are appraised and briefed as appropriate regarding the outcomes of each case. The object is to encourage positive working relationships. However, where police become aware of sensitive, specific criminal intelligence there is no expectation that this will be shared with the other parties 4.4 Should the police become aware of any specific information that would lead to concern over personal safety, the Police will ensure that all relevant parties are advised accordingly. 3 04/13
Appendix C Community Safety Accreditation Scheme Specification for the Training Programme and Qualification for Accredited Persons under Community Safety Accreditation Schemes (CSAS) in England and Wales Developed in consultation with representatives of: - Association of Chief Police Officers ACPO CPI Home Office Skills for Security 04/13 Draft Version 3 (April 2013) page 1
CONTENTS Section 1: Introduction and background 1 Definition of Accredited Person 2 Implications Arising from the Police Reform Act, 2002 3 Support for this Specification Section 2: Delivery 1 Criteria for Learning Delivery 2 Approved Trainers 3 Sector Competence for Approved Trainers 4 Learning Programme Overview 5 Detailed learning specification Section 3: Qualification 1 Assessment 2 Practical skills assessment 3 Certification 4 Accreditation of Prior Experiential Learning Appendix A Example of scenarios for learning and assessment B Associated national occupational standards 04/13 Draft Version 3 (April 2013) page 2
Section 1: Introduction and background 1. Introduction Community stakeholders recognise that the individuals, who work to provide a safe and secure environment, must have a broad range of skills and a clear understanding of their role in supporting Community Safety Accreditation Schemes (CSAS). As the scope and importance of community safety continues to grow, so the degree of professionalism expected from those working in this area will increase. It is therefore essential for all Accredited Persons (APs) to have undergone a structured learning programme resulting in recognised qualifications if they are to be effective and professional in their role. 1.1. Definition of Accredited Person An accredited person is a person employed by an organisation (other than a police force) in a community safety role, who has been accredited by a Chief Officer of Police under section 41 of the Police Reform Act 2002. A Chief Officer of Police may confer an accredited person with limited police powers which are set out in Schedule 5 of the Police Reform Act 2002. In order to accredit a person a Chief Officer of Police must be satisfied that their employer is fit and proper, that the individual concerned is suitable and has received adequate training. A wide range of people are eligible to be accredited under a Community Safety Accreditation Scheme. Some typical examples would be neighbourhood wardens, security staff, park rangers, traffic management companies, housing association employees and parking attendants. 1.2. Implications arising from the Police Reform Act, 2002 The Police Reform Act 2002 states that – A Chief Officer of Police shall not grant accreditation to a person under this section unless he is satisfied- a) that the person's employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted; b) that the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; c) that the person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and d) that the person has received adequate training for the exercise of those powers. The purpose of this specification is to encourage a national standard for any relevant learning provision, to assure Chief Officers of Police that an individual who achieves an Accredited Persons qualification, and who applies for accreditation, has received adequate learning for the exercise of the powers given. 04/13 Draft Version 3 (April 2013) page 3
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