Police Reform and Social Responsibility Bill

233: After Clause 95, insert the following new Clause— ““Application of health and safety enactments to police (1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties. (2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others. (3) A police officer in the execution of the officer’s duty who believes that an action or actions are necessary— (a) to prevent crime, (b) to prevent risk to the health and welfare of others, or (c) to save the lives of others, shall not be prevented from taking that action or actions by the intervention of any other public official, of whatever rank, who alleges that there is a health and safety risk to the officer. (4) It shall be an offence for any public official to obstruct a police officer in the execution of the officer’s duty when the officer has decided under subsection (3) that an action or actions are necessary. (5) A police officer who has come to a decision under subsection (3) shall have no authority to compel others to join with the officer in the action or actions. (6) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed. (7) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996 (police areas). (8) A breach of the guidance issued under subsection (7) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action. (9) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (7).””