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(b) any other international agreement to which the United Kingdom is a party and
which is specified for the purposes of this section in an order made by the Secretary of State with
the consent of the Scottish Ministers.
(11) In this section—
“the Schengen Convention” means the Convention implementing the Schengen Agreement
of 14th June 1985;
“United Kingdom officer”means—
(a) a member of a police force;
(b) a member of the National Criminal Intelligence Service;
(c) a member of the National Crime Squad or of the Scottish Crime Squad (within the
meaning of the Regulation of Investigatory Powers (Scotland) Act 2000);
(d) a customs officer.”
84- Assaults on foreign officers
(1) For the purposes of section 89 of the Police Act 1996 (c. 16) (assaults on constables) any
person who is carrying out surveillance in England andWales under section 76A of the Regulation
of Investigatory Powers Act 2000 (c. 23) is to be treated as if he were acting as a constable in the
execution of his duty.
(2) For the purposes of section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on cons-
tables) any person who is carrying out surveillance in Scotland under section 76A of that Act of
2000 is to be so treated.
(3) For the purposes of section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on
constables) any person who is carrying out surveillance in Northern Ireland under section 76A of
that Act of 2000 is to be so treated.
85- Liability in respect of foreign officers
(1) Section 42 of the Police Act 1997 (liability of Director General of NCIS for wrongful acts of
constables etc.) is amended as follows.
(2) After subsection (5A) there is inserted—
“(5AA) This section shall have effect where a person is carrying out surveillance under section
76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations) as if—
(a) any unlawful conduct by that person in the course of carrying out the surveillance
were unlawful conduct of a constable in the performance of his functions under the direction and