Railway Safety Accreditation Scheme Private Sector Companies

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Railway Safety Accreditation Scheme Private Sector Companies
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.

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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

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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.

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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.

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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: -

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(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)).

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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
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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
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(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.

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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.

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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.

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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.

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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).
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       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.

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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.

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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.
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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.

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(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)-

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(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.

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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
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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.

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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).

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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:

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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.
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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.

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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.

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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.

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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.

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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

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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

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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.

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Draft Version 3 (April 2013)                                                                   page 3
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