133.This section amends the Police Reform Act 2002 (“the 2002 Act”) in relation to the powers that can be conferred on CSOs. Subsection (1) inserts new subsection (5A) into section 38 of the 2002 Act. The effect is that a person designated under section 38 as a CSO is to have the standard powers and duties of a CSO in addition to any additional powers conferred on him by his designation..
134.Subsection (2) inserts new section 38A into the 2002 Act. The new section enables the Secretary of State to make an order conferring certain powers and duties, set out in Part 1 of Schedule 4 to the 2002 Act, on all CSOs. It is these powers and duties that are to be known as the standard powers and duties of a CSO. An order under section 38A is to be subject to the affirmative resolution procedure.
135.New section 38A(3) sets out the consultation requirements which apply before the Secretary of State may make an order.
136.New section 38A(5) provides that a power or duty may be conferred on a CSO both by an order under section 38A and by a designation. This is to enable CSOs to rely on their individual designations if an order made under section 38A providing for standard powers and duties is varied or revoked. New section 38A(6) places a duty on a chief officer to ensure that if any additional powers or duties are imposed on CSOs under his control, they receive adequate training in the exercise of those powers or duties.