Part IE+W Organisation of Police Forces

County, county borough and combined forcesE+W

1 Police areas.E+W

[F1(1)Subject to the provisions of this Act, a police force shall be maintained—

(a)for every county in England and Wales which is not comprised in a combined area constituted by an amalgamation scheme or in the Northumbria police area;

(b)for every combined area constituted by an amalgamation scheme; and

(c)for the Northumbria police area.

(1A)For the purposes of this Act the Northumbria police area shall consist of the county of Tyne and Wear and the county of Northumberland.]

(2) - (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4)For the purposes of this section, any part of a county which is for the time being comprised in the metropolitan police district shall be treated as not forming part of that county.

2 Police authorities for counties and county boroughs. E+W

(1)The police authority for [F3a police area consisting of a non-metropolitan county] . . . F4 shall be a committee of the council of the county . . . F4 constituted in accordance with the provisions of this section, to be known . . . F4 as the police committee . . . F4

(2)The police committee for [F5a police area consisting of a non-metropolitan county] shall consist of such number of persons as may be determined by the council of the county, and of that number—

(a)two thirds shall be members of the council of the county appointed by that council;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6one third shall be [F7appointed from among their own number by the magistrates for the county in accordance with a scheme made by the magistrates’ courts committee for, or for an area including, the county and approved by the Secretary of State]

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4)The magistrates to be appointed members of a police committee . . . F4 shall be appointed at such times, in such manner and for such term as may be prescribed by rules made by the Secretary of State; and the other members of a police committee . . . F4 shall be appointed at such times, in such manner and for such term as may from time to time be determined by the council responsible for appointing them.

(5)The quorum of a police committee . . . F4 shall be such as may from time to time be determined by the council of the county . . . F4

[F10(6)Section 102(5) of the M1Local Government Act 1972 shall apply to a committee appointed under this section as it applies to a committee appointed under that section.]

(7)Any proceedings by or against a committee appointed under this section shall be brought by or against the clerk of the council or town clerk as representing that committee.

[F112A Police authorities for metropolitan counties and Northumbria police area.E+W

The police authority for a police area consisting of a metropolitan county shall be the metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985; and the police authority for the Northumbria police area shall be the Northumbria Police Authority constituted in accordance with those provisions.]

3 Police authorities for combined areas.E+W

(1)The police authority for a combined area shall be the combined police authority constituted for the purpose in accordance with the provisions of the relevant amalgamation scheme; and every such authority shall, subject to subsection (4) of this section, be a body corporate by such name as may be prescribed by the scheme.

(2)A combined police authority shall be appointed in such manner, and shall consist of such number of persons, as may be prescribed by the amalgamation scheme; and of the number of persons so prescribed—

(a)two thirds shall be members of the constituent councils;

(b)one third shall be magistrates for the constituent areas.

(3)Provision may be made by an amalgamation scheme for applying, in relation to the constitution and proceedings of the combined police authority and in relation to the officers of that authority, any of the provisions of [F12Parts V and VI and sections 112 to 119 of the M2Local Government Act 1972 ]subject to such modifications as may be prescribed by the scheme.

[F13(3A)Meetings of a combined police authority which is (as well as one which is not) a body corporate are open to the public, and documents relating to such meetings are open to inspection by the public, in accordance with the provisions of Part VA of the Local Government Act 1972.]

(4)If the constituent councils request that the combined police authority to be constituted by an amalgamation scheme should be a committee of one of those councils, the scheme shall constitute the combined police authority a committee of that council instead of a body corporate; and the provisions of Schedule 1 to this Act shall have effect with respect to such a scheme and a combined police authority so constituted.

4 General functions of police authorities.E+W

(1)It shall be the duty of the police authority for every police area for which a police force is required to be maintained by section 1 of this Act to secure the maintenance of an adequate and efficient police force for the area, and to exercise for that purpose the powers conferred on a police authority by this Act.

(2)The police authority for every such police are a shall, subject to the approval of the Secretary of State and to regulations under Part II of this Act, appoint the chief constable of the police force maintained by that authority and determine the number of persons of each rank in that force which is to constitute the establishment of the force.

(3)The police authority for any such police area may, subject to the consent of the Secretary of State, provide and maintain such buildings, structures and premises, and make such alterations in any buildings, structures or premises already provided, as may be required for police purposes of the area.

(4)The police authority for any such police area may, subject to any regulations under Part II of this Act, provide and maintain such vehicles, apparatus, clothing and other equipment as may be required for police purposes of the area.

(5)A combined police authority may, if so authorised by the amalgamation scheme, make arrangements with any constituent authority for the use by the combined police authority of the services of officers of the constituent authority and the making of contracts and payments on behalf of the combined police authority by the constituent authority.

5 Chief constables.E+W

(1)The police force maintained for a police area under section 1 of this Act shall be under the direction and control of the chief constable appointed under section 4(2) of this Act.

(2)The same person may, with the consent of the police authorities concerned, be appointed chief constable of more than one police force.

(3)The Secretary of State shall not approve the appointment as first chief constable of a combined force of any person other than the chief constable of a police force which ceases to exist in consequence of the formation of the combined force unless the Secretary of State is satisfied, having regard to the size and character of the combined force and any exceptional circumstances, that some other person should be appointed.

(4)Without prejudice to any regulations under Part II of this Act or under the [F16M3Police Pensions Act 1976], the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency.

(5)Before seeking the approval of the Secretary of State under subsection (4) of this section the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made.

(6)A chief constable who is called upon to retire as aforesaid shall retire on such date as the police authority may specify or on such earlier date as may be agreed upon between him and the police authority.

6 Deputy and assistant chief constables.E+W

(1)In every police force maintained under section 1 of this Act there shall be a [F17person holding the rank of]deputy chief constable, who shall have all the powers and duties of the chief constable—

(a)during any absence, incapacity or suspension from duty of the chief constable;

(b)during any vacancy in the office of chief constable;

but shall not have power to act by virtue of this subsection for any continuous period exceeding three months except with the consent of the Secretary of State.

(2)The provisions of subsection (1) above shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of the powers conferred by that enactment on a chief constable.

(3)The establishment of any such police force as aforesaid may include one or more persons holding the rank of assistant chief constable.

(4)[F18Appointments or promotions to the rank of deputy chief constable or] assistant chief constable, shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(5)Subsections (2), (4), (5) and (6) of section 5 of this Act shall apply to a deputy chief constable, and subsections (4), (5) and (6) of that section shall apply to an assistant chief constable, as they apply to a chief constable.

[F196A Deputy chief constables— supplementary.E+W

(1)Any police force maintained under section 1 of this Act may include more than one person holding the rank of deputy chief constable, but only if the additional person or persons holding that rank—

(a)was a deputy chief constable before a period—

(i)of central service; or

(ii)of overseas service, as defined in M4section 3 of the Police (Overseas Service) Act 1945; or

(iii)of service in pursuance of an appointment under M5section 10 of the Overseas Development and Co-operation Act 1980 as an officer to whom that section applied; or

(b)became a deputy chief constable by virtue of section 58(2) of this Act.

(2)If there is more than one person who holds the rank of deputy chief constable in a police force maintained under section 1 of this Act, one of the persons who hold it shall be designated as the officer having the powers and duties conferred on a deputy chief constable by section 6(1) of this Act.

(3)A person shall be designated under subsection (2) of this section by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.]

7 Other members of police forces.E+W

(1)The ranks which may be held in a police force maintained under section 1 of this Act shall be such as may be prescribed by regulations under Part II of this Act and the ranks so prescribed shall include, in addition to chief constable [F20, deputy chief constable]and assistant chief constable, the ranks of superintendent, inspector, sergeant and constable.

(2)Appointments and promotions to any rank below that of assistant chief constable in any such police force shall be made, in accordance with regulations under Part II of this Act, by the chief constable.

8 Financial provisions.E+W

(1)Subject to the following provisions of this section and to any regulations under the [F21M6Police Pensions Act 1976], all receipts of the police authority for a police area for which a police force is maintained under section 1 of this Act shall be paid into the police fund and all expenditure of any such police authority shall be paid out of that fund.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(3)For every [F23police area consisting of a non-metropolitan county] . . . F24an account, to be known as the police account, shall be kept of all expenditure and receipts of the police authority; and every such account, [F25shall be treated for the purposes of [F26Part III of the Local Government Finance Act 1982]as though it were included among the accounts of the council of that county, . . . F27]

(4)No sum shall be paid out of the police fund for a [F28police area consisting of a non-metropolitan county] . . . F29without the approval of the council of the county . . . F30except—

(a)any sum required for giving effect to regulations under Part II of this Act;

(b)any sum required to satisfy any judgment or order of a court;

(c)any sum directed to be paid out of that fund by or under any enactment other than this section, including any such enactment in this Act.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

9 Acquisition of land.E+W

(1)The council of any county . . . F32constituting a police area may by agreement acquire, whether by way of purchase, lease or exchange, any land which is required for the purpose of any of the functions of the police authority for the area; and [F33subsections (3) and (4) of section 120 of theLocal Government Act 1972 shall apply to the acquisition of land under this subsection as they apply to the acquisition of land under that section];

(2)The council of any such county . . . F34may be authorised by the Secretary of State to purchase compulsorily any land which is required for the purpose of any of the functions of the police authority for the county . . . F35; and the M7Acquisition of Land [F36Act 1981 shall apply to a compulsory purchase under this section], [F37and subsection (3) of section 121 of the M8Local Government Act 1972 shall apply in relation to a proposal to acquire any land in exercise of the power conferred by this subsection as it applies in relation to a proposal to acquire land in exercise of the power conferred by subsection (1) of that section].

(3)A combined police authority shall have the same powers with respect to the acquisition of land for police purposes, and the appropriation and disposal of land, as the council of a county . . . F38; and the provisions of this section, the [F39M9Local Government Act 1972] . . . M10with respect to the acquisition, appropriation and disposal of land by such councils shall have effect accordingly as if references to the council of a county . . . F40included references to a combined police authority.

(4)References in this Act to expenditure of a police authority or to expenses incurred for police purposes by any police authority include references to expenditure under this section by the council of a county . . . F41 on behalf of a police authority.

10 Civilian employees.E+W

(1)The police authority for a police area for which a police force is maintained under section 1 of this Act, and the council of any county . . . F42 for which a police force is maintained under that section, may employ civilians for police purposes of the area.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(3)References in this Act to expenditure of a police authority or to expenses incurred for police purposes by any police authority include references to expenditure under this section by the council of a county . . . . . . F44.

11 Questions on police matters by members of county and county borough councils.E+W

Arrangements shall be made (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the police authority for [F45any non-metropolitan county], . . . F46or combined area to be put, in the course of the proceedings of the council for that county or, . . . F47as the case may be, of a constituent council, by members of that council for answer by a member thereof who is also a member of the police authority and is nominated by that authority for that purpose.

General provisionsE+W

12 Reports by chief constables to police authorities. E+W

(1)Every chief constable shall, as soon as possible after the end of each calendar year, submit to the police authority a general report in writing on the policing during that year of the area for which his force is maintained.

(2)The chief constable of a police force shall, whenever so required by the police authority, submit to that authority a report in writing on such matters as may be specified in the requirement, being matters connected with the policing of the area for which the force is maintained.

(3)If it appears to the chief constable that a report in compliance with any such requirement of the police authority would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the police authority, he may request that authority to refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

(4)This section applies to the City of London police force as if for references to the chief constable there were substituted references to the Commissioner.

13 Collaboration agreements.E+W

(1)If it appears to the chief officers of police of two or more police forces that any police functions can more efficiently be discharged by members of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose.

(2)If it appears to any two or more police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained by those authorities, they may make an agreement for that purpose.

(3)Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the Secretary of State.

(4)An agreement under s ubsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.

(5)If it appears to the Secretary of State that an agreement should be made under subsection (1), subsection (2) or subsection (4) of this section, he may, after considering any representations made by the parties concerned, direct those parties to enter into such an agreement under those provisions as may be specified in the direction.

(6)The reference in subsection (1) of this section to members of a police force includes a reference to special constables for the area for which that force is maintained.

14 Aid of one police force by another.E+W

(1)The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

(2)If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1) above cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

(3)While a constable is provided under this section for the assistance of another police force he shall, notwithstanding section 5(1) of this Act, be under the direction and control of the chief officer of police of that other force.

(4)The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State.

15 Provision of special services.E+W

(1)The chief officer of police of any police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority.

(2)In the application of this section to the metropolitan police, for the reference in subsection (1) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

16 Special constables.E+W

(1)The chief officer of police of the police force maintained for any police area may, in accordance with regulations under Part II of this Act, appoint special constables for that area.

(2)Subject to such regulations as aforesaid, all special constables for a police area (including persons appointed as such before the commencement of this Act) shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

17 Police cadets.E+W

(1)The chief officer of police of any police force may, in accordance with regulations under Part II of this Act and subject to the approval of the police authority as to numbers, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

(2)Subject to such regulations as aforesaid, all police cadets (including persons appointed as such before the commencement of this Act) shall be under the control of, and subject to dismissal by, the chief officer of police.

(3)Without prejudice to subsection (2) above, the police authority by whom a police force is maintained shall, for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, be treated as the employer of any police cadets undergoing training with that force.

(4)In the application of this section to the metropolitan police, for the reference in subsection (3) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

18 Attestation of constables.E+W

Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 2 to this Act—

(a)in the case of the metropolitan police district, before the Commissioner or an Assistant Commissioner of Police of the Metropolis;

(b)in any other case, before a justice of the peace having jurisdiction within the police area.

19 Jurisdiction of constables.E+W

(1)A member of a police force shall have all the powers and privileges of a constable throughout England and Wales.

(2)A special constable shall have all the powers and privileges of a constable in the police area for which he is appointed.

[F57(3)Without prejudice to subsection (2) above, a special constable appointed for any police area shall have all the powers and privileges of a constable—

(a)in the case of a police area other than the City of London, in any other police area which is contiguous to his own police area;

(b)in the case of the City of London, in the metropolitan police district and in any area which is contiguous to that district.]

(4)A special constable who is for the time being required by virtue of section 13 or section 14 of this Act to serve with another police force shall have all the powers and privileges of a constable in any area in which special constables appointed for the area for which that force is maintained have those powers and privileges under this section.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(6)This section is without prejudice to [F59section 18 of the M16Police (Scotland) Act 1967] (execution of warrants in border counties of England and Scotland) and to any other enactment conferring powers on constables for particular purposes.

20 Rewards for diligence.E+W

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.

AmalgamationsE+W

21 Amalgamation schemes. E+W

(1)If it appears to the police authorities for any two or more police areas, being areas for which police forces are required by section 1 of this Act to be maintained, that it is expedient that those areas should be amalgamated for police purposes, they may for that purpose submit to the Secretary of State an amalgamation scheme, and the Secretary of State may by order approve any scheme so submitted to him.

(2)If it appears to the Secretary of State that it is expedient in the interests of efficiency that an amalgamation scheme should be made for any two or more such police areas and no scheme satisfactory to him has been submitted under subsection (1) of this section, the Secretary of State may for that purpose by order make such amalgamation scheme as he considers expedient.

(3)An amalgamation scheme shall make provision with respect to the following matters, that is to say—

(a)the establishment of a combined police authority and a combined police force for the combined area constituted by the scheme, and of a combined police fund for the payment of the expenses of that authority and force;

(b)the appointment of officers of the combined police authority, . . . F60;

(c)the payment into the combined police fund, out of the local funds of the areas comprised in the combined area, of contributions assessed in accordance with the provisions of the scheme;

(d)the transfer for the purposes of the scheme of members of the police forces concerned, other than chief constables, and of special constables and police cadets;

(e)the transfer to the combined police authority of property, rights and liabilities of the constituent authorities, and officers of those authorities, or the use by the combined police authority of any such property;

(f) . . . F61

and may provide for any other matters incidental to or consequential on the provisions of the scheme.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(5)An amalgamation scheme shall come into force on such date as may be prescribed by the scheme, and different dates may be so prescribed for the purposes of the provisions of the scheme relating to the constitution of the combined police authority and the performance by that authority of functions necessary for bringing the scheme into full operation, and for other purposes of the scheme.

(6)Before approving or making an amalgamation scheme the Secretary of State shall ascertain whether the constituent councils desire to make such a request as is referred to in section 3(4) of this Act.

(7)Schedule 3 to this Act shall have effect with respect to the procedure for making amalgamation schemes under subsection (2) of this section; and the transitory provisions set out in Schedule 4 to this Act shall have effect in relation to any amalgamation scheme under this section.

(8)A draft of any statutory instrument to be made under subsection (2) of this section shall be laid before Parliament.

22 Amendment and revocation of schemes.E+W

(1)An amalgamation scheme may be amended or revoked by a subsequent scheme approved or made by the Secretary of State; and section 21 of this Act, and Schedules 3 and 4 to this Act, shall, so far as applicable, have effect in relation to any such subsequent scheme subject to any necessary modifications and to the following provisions of this section.

(2)Without prejudice to the generality of the foregoing subsection, provision may be made by any such subsequent scheme—

(a)for the division of the combined area into two or more police areas, being either counties . . . F66 or combined areas constituted by the subsequent scheme, or for the inclusion in the combined area of any other police area;

(b)for the dissolution and winding up of any combined police authority constituted under the original scheme, and of any combined police fund established thereunder, or for the reconstitution of any such authority or fund;

(c)for the transfer or retransfer to such police forces or police areas as may be determined by the subsequent scheme of members of the combined force other than the chief constable, or of special constables or police cadets;

(d)for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the combined police authority;

(e)for any other matters incidental to or consequential on the provisions of the subsequent scheme.

(3)The authority by whom a scheme for the amendment or revocation of an amalgamation scheme may be submitted under subsection (1) of section 21 of this Act shall be the combined police authority constituted by the original scheme, or if more than one scheme is to be amended or revoked, the combined police authorities constituted by those schemes, together with the police authority for any other police area which is to be included in a combined area under the scheme.

(4)The authorities to whom, under paragraph 1 of Schedule 3 to this Act, notice must be given by the Secretary of State of a scheme proposed to be made by him for the amendment or revocation of an amalgamation scheme shall be the authority or authorities by whom a scheme for that purpose could be submitted by virtue of subsection (3) of this section.

23 Alteration of local government areas. E+W

[F67(1)An amalgamation scheme may be approved or made under this Act—

(a)with respect to two or more counties established by the M19Local Government Act 1972;

(b)with respect to two or more counties proposed to be constituted, or the areas of which are proposed to be altered, by an order under Part IV of the M20Local Government Act 1972;

and subject to subsection (1A) below may be so approved or made before the relevant date.

(1A)A scheme under this section shall not come into force before the relevant date, except so far as it relates to the constitution of the combined police authority and to the performance by that authority of functions necessary for bringing the scheme into full operation on that date.

(1B)In subsections (1) and (1A) above “the relevant date” means in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of the said subsection (1), 1st April 1974, and in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of that subsection, the date on which the order mentioned in that paragraph comes into force.]

(2)In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 21 and 22 of this Act and the Schedules therein mentioned shall apply subject to any necessary modifications and in particular to the following modifications, that is to say—

(a)any reference to a police area shall include a reference to the area which is to constitute the new or altered county . . . F68;

(b)any reference to a constituent authority shall include a reference to the police authority for any area, and the council for any county . . . F68, which is to be wholly or partly included in the area of the new or altered county . . . F68;

(c)in relation to that area, for any reference to the police authority (except a reference to a constituent authority) there shall be substituted—

(i)in the case of a new county, a reference to the police authority for any county . . . F68 of which the whole or part is to be included in the new county and the council of any such county . . . F68 which has no separate police authority;

(ii) . . . F69

(iii)in the case of an altered county . . . F68, a reference to the police authority for the existing county . . . F68 or, if that county . . . F68 has no separate police authority, to the council of that county . . . F68.

[F70(3) In the case of an amalgamation scheme to be approved or made by virtue of this section with respect to any county, any steps required by this Part of this Act to be taken before the amalgamation scheme is approved or made may be taken at any time after a report on a review affecting that county, together with any proposals formulated thereon, has been submitted to the Secretary of State under sections 51(1), 58(1) and 62(5) of the M21Local Government Act 1972, and the Secretary of State has notified the county councils concerned of the general nature of the order which he intends to make to give effect to those proposals.]

(4)An amalgamation scheme may be amended or revoked under this Act notwithstanding that it has been modified by an order under Part VI of the said Act of 1933 or Part II of the said Act of 1958.

24 Adaptation of local Acts.E+W

(1)Where, by any local Act in force with respect to an area which ceases to be a separate police area by virtue of an amalgamation scheme, provision is made for conferring or imposing special powers or duties on the police, the Secretary of State may by order adapt the local Act so far as appears to him to be necessary or expedient for the purpose of the exercise or performance of those powers or duties by the police of the combined area.

(2)Nothing in this section or in any order made thereunder shall be construed as extending the area within which or the matters in relation to which any such powers or duties as aforesaid are authorised or required by a local Act to be exercised or performed.

(3)Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous and supplementalE+W

25Cambridge and Peterborough.E+W

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(5)The police authority for any police area consisting of or including the City of Cambridge shall include, in addition to the number of persons determined or prescribed under the foregoing provisions of this Act, five persons representing the University of Cambridge; and those persons shall be appointed at such times, in such manner and for such term as may be prescribed—

(a)in the case of a combined area, by the amalgamation scheme;

(b)in any other case, by rules made by the Secretary of State.

26 The Scilly Isles.E+W

(1)For the purposes of the application of this Part of this Act to the Isles of Scilly—

(a)the Isles shall be treated as if they were a county; and

(b)references to the council of a county and to the county fund shall be construed as references to the Council of the Isles and to the general fund of that Council respectively;

and any amalgamation scheme combining the Isles with any police area shall have effect accordingly.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

27 Interpretation of Part I.E+W

In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “amalgamation scheme” means a scheme under this Part of this Act or under the M22Police Act 1946;

• . . . F73

• “constituent area” means a police area which is combined by an amalgamation scheme, and includes, in relation to a scheme amending an amalgamation scheme, the combined area constituted by the original scheme;

• “constituent authority” means the police authority for an area which is combined by an amalgamation scheme and includes . . . . F74, the council of the county . . . F74, and “constituent council” means any such council;

• “local fund” in relation to a county, means the county fund . . . F74

• “magistrate” has the same meaning as in the Justices of the M23Peace Act 1949;

• “officer” includes servant.

Part IIE+W Central Supervision, Direction and Facilities

Functions of Secretary of StateE+W

28 General duty of Secretary of State.E+W

The Secretary of State shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to promote the efficiency of the police.

29 Removal of chief constables &c.E+W

(1)The Secretary of State may require a police authority to exercise their power under Part I of this Act to call upon the chief constable to retire in the interests of efficiency.

(2)Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to [F79a deputy or assistant chief constable], the Secretary of State shall give the chief constable or deputy or assistant chief constable an opportunity to make representations to him and shall consider any representations so made.

(3)Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the exercise of the power mentioned in subsection (1) of this section shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

(4)The costs incurred by a chief constable or deputy or assistant chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

30 Reports from chief constables.E+W

(1)The Secretary of State may require any chief constable to submit to him a report on such matters as may be specified in the requirement, being matters connected with the policing of his area.

(2)Every chief constable shall, as soon as possible after the end of each calendar year, submit to the Secretary of State the like report as is required by subsection (1) of section 12 of this Act to be submitted to the police authority.

(3)This section shall apply to the City of London police force as if for references to a chief constable there were substituted references to the Commissioner.

31 Police grant.E+W

(1)The Secretary of State may make grants in respect of expenses incurred for police purposes—

(a)by any police authority maintaining a county police force, . . . F81 or combined police force;

(b)by the Receiver for the Metropolitan Police District or by the Common Council of the City of London.

[F82(c)(c) by the Northumbria police authority.]

(2)Grants under this section shall be of such amounts, be payable at such times, in such manner, and subject to such conditions, and be carried to such funds, as the Secretary of State may with the approval of the Treasury by order determine; and any such order may provide for the deduction from grants under this section of such sums as may be determined by or under the order on account of expenditure of the Secretary of State under section 41, 44 or 45 of this Act.

(3)Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Any expenses incurred for the purpose of or in connection with the functions of a police authority under [F83section 81 of the M24Road Traffic Regulation Act 1967] shall be treated for the purposes of this section as expenses incurred by that authority for police purposes.

32 Local inquiries.E+W

(1)The Secretary of State may cause a local inquiry to be held by a person appointed by him into any matter connected with the policing of any area.

(2)Any inquiry under this section shall be held in public or in private as the Secretary of State may direct.

(3)[F86Subsections (2) and (3) of section 250 of the M25Local Government Act 1972] (power to summon and examine witnesses) shall apply to any inquiry held under this section as they apply to an inquiry held under that section.

(4)Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

(5)The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of any inquiry held under this section shall be defrayed out of the police fund or, if the inquiry relates to more than one police area, out of the police funds concerned in such proportions as may be specified in the direction; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

33 Regulations for police forces. E+W

(1)Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:—

(a)the ranks to be held by members of police forces;

(b)the qualifications for appointment and promotion of members of police forces;

(c)periods of service on probation;

(d)voluntary retirement of members of police forces;

(e)the maintenance of discipline in police forces;

(f)the suspension of members of a police force from membership of that force and from their office as constable;

(g)the maintenance of personal records of members of police forces;

(h)the duties which are or are not to be performed by members of police forces;

(i)the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 47 of this Act;

(j)the hours of duty, leave, pay and allowances of members of police forces; and

(k)the issue, use and return of police clothing, personal equipment and accoutrements.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(4)Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(5)Regulations under this section may make different provision for different cases and circumstances, and may authorise the Secretary of State to make provision for any purposes specified in the regulations.

(6)Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

34 Regulations for special constables. E+W

(1)The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:—

(a)the qualifications for appointment of special constables;

(b)the retirement of special constables;

(c)the suspension of special constables from their office as constable;

(d)the allowances payable to special constables; and

(e)the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces.

(3)If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.

(4)Subsections (5) and (6) of section 33 of this Act shall apply to regulations under this section.

35 Regulations for police cadets. E+W

(1)The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.

(2)Subsections (4), (5) and (6) of section 33 of this Act shall apply to regulations under this section.

36 Regulations as to standard of equipment.E+W

The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

[F8837 Disciplinary appeals to Secretary of State.E+W

(1)A member of a police force who is dealt with for an offence against discipline may appeal to the Secretary of State—

(a)against the decision on the disciplinary charge which was preferred against him;

(b)against any punishment awarded, except where he has a right of appeal to some other person; and in that case he may appeal to the Secretary of State from any decision of that other person.

(2)On an appeal the Secretary of State may make an order allowing or dismissing the appeal.

(3)Subject to subsection (4) below, in any case where it appears to him that it is appropriate to do so, he may substitute some other punishment.

(4)The Secretary of State may not substitute another punishment unless it appears to him—

(a)that the person or tribunal who heard the disciplinary charge could have awarded it; and

(b)that it is less severe than the punishment awarded by that person or tribunal.

(5)The Secretary of State may direct an appellant to pay the whole or any part of his own costs; but, subject to any such direction, all the costs and expenses of an appeal under this section, including the costs of the parties, shall be defrayed out of the police fund.

(6)Schedule 5 to this Act shall have effect in relation to any appeal under this section.]

Part IIIE+W+S Police Representative Institutions

44 Police Federations.E+W+S

(1)There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in England and Wales and in Scotland respectively in all matters affecting their welfare and efficiency, other than questions of discipline [F89affecting individuals, except as provided by subsection (1A) below, and questions of] promotion affecting individuals.

[F90(1A)A Police Federation may represent a member of a police force at any disciplinary proceedings or on an appeal from any such proceedings.

(1B)Except on an appeal to the Secretary of State or as provided by section 102 of the Police and Criminal Evidence Act 1984, a member of a police force may only be represented under subsection (1A) above by another member of a police force.]

(2)The Police Federations shall act through local and central representative bodies; and the Police Federations and every branch thereof shall be entirely independent of, and [F91subject to subsection (2A) of this section] unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

[F92(2A)The Secretary of State from time to time may authorise a Police Federation or a branch thereof to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify and may vary or withdraw an authorisation previously given; and anything for the time being so authorised shall not be precluded by subsection (2) of this section.]

(3)The Secretary of State may by regulations prescribe the constitution and proceedings of the Police Federations [F93or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations] and, without prejudice to the generality of that power, regulations under this subsection may make provision—

(a)with respect to the membership of the Federations;

(b)with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

(c)with respect to the manner in which representations may be made by committees or bodies of the Federations to police authorities, chief officers of police and the Secretary of State;

(d)for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by police authorities for police purposes; and

(e)for modifying any regulations under the [F94M26Police Pensions Act 1976] under section 33 of this Act or under [F95section 26 of the M27Police (Scotland) Act 1967] in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

(4)Regulations under this section may contain such supplementary and transitional provisions as the Secretary of State thinks fit, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.

(5)Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

45 F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

46 Police Advisory Boards for England and Wales and for Scotland.E+W+S

(1)There shall be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively.

(2)The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests of police authorities and of members of police forces and police cadets.

(3)Before making regulations under section 33 or section 35 of this Act, [F97other than regulations with respect to any of the matters mentioned in section 1(1) of the M28Police Negotiating Board Act 1980] the Secretary of State shall furnish a draft of the regulations to the Police Advisory Board for England and Wales, and take into consideration any representations made by that Board.

47 Membership of trade unions.E+W+S

(1)Subject to the provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force:

(2)If any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the chief registrar of friendly societies.

(3)This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

(4)Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Part IVE+W+S Miscellaneous and General

Remedies and complaints against policeE+W

48 Liability for wrongful acts of constables.E+W

(1)The chief officer of police for any police area shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(2)There shall be paid out of the police fund—

(a)any damages or costs awarded against the chief officer of police in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required in connection with the settlement of any claim made against the chief officer of police by virtue of this section, if the settlement is approved by the police authority.

(3)Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief officer of police; and references in the foregoing provisions of this section to the chief officer of police shall be construed accordingly.

(4)A police authority may, in such cases and to such extent as they think fit, pay any damages or costs awarded against a member of the police force maintained by them, or any constable for the time being required to serve with that force by virtue of section 14 of this Act, or any special constable appointed for their area, in proceedings for a tort committed by him, any costs incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings; and any sum required for making a payment under this subsection shall be paid out of the police fund.

49 - 50 F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

OffencesE+W

51 Assaults on constables.E+W

(1)Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable—

[F99on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F100level 5 on the standard scale] or to both].

(2)Subsection (2) of [F101section 17 of the M29Firearms Act 1968] (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) of this section.

(3)Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding [F102level 3 on the standard scale], or to both.

52 Impersonation, &c.E+W

(1)Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F103level 5 on the standard scale], or to both.

(2)Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F104level 3 on the standard scale].

(3)Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding [F105level 1 on the standard scale].

(4)In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document; and “special constable” means a special constable appointed for a police area.

53 Causing disaffection.E+W

(1)Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of any police force, or induces or attempts to induce, or does any act calculated to induce, any member of a police force to withhold his services or to commit breaches of discipline, shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2)This section applies to special constables appointed for a police area as it applies to members of a police force.

MiscellaneousE+W

54 Criminal statistics.E+W

(1)The chief officer of police of every police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in the area for which the force is maintained as the Secretary of State may require.

(2)The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

55 Abolition of fees.E+W

Section 23 of the M36Police Act 1890 (fees payable to constables), and any other enactment or rule of law whereby constables are authorised or required to take a fee for any act done in the course of their duty as such, shall cease to have effect.

56 Metropolitan and City of London police funds.E+W

There shall be paid out of the metropolitan police fund and the City of London police fund respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State) any expenditure incurred under this Act in respect of—

(a)any special constables appoinred for the metropolitan police district or the City of London; and

(b)any police cadets appointed in relation to the metropolitan police force or the City of London police force.

[F10957 Police expenses of counties falling partly within the metropolitan police district.E+W

(1)Any police expenses payable out of the county fund of any county falling partly within the metropolitan police district shall be chargeable only on so much of the county as does not fall within that district, without prejudice, however, to section 67 of the M37London Government Act 1963 (power of rating authority to aggregate like expenses chargeable on different parts of rating area.)

(2)In this section “police expenses” means expenses for police purposes (including contributions to the police fund of a combined police authority) or expenses which are for any purpose treated as incurred for police purposes or are under any enactment payable out of the police fund.]

58 Chief constables affected by amalgamations or local government reorganisations.E+W

(1)If the chief constable of a police force which ceases to exist in consequence of an order under Part I of this Act or [F110Part IV of the M38Local Government Act 1972] is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

(2)While a person is a member of a police force by virtue only of this section he shall hold the rank of [F111deputy]chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 5(1) of this Act.

(3)A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under Part II of this Act, cease to be a member thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force.

(4)The provision to be made by regulations under section 60(2) of the Local Government Act 1958 (as extended by Schedule 9 to this Act) with respect to the chief constable of a police force who, after becoming a member of another police force by virtue of this section, ceases to be a member of that force without having accepted and taken up an appointment therein shall, if he was the chief constable of a police force at the commencement of this Act, be not less favourable than any provision by way of a pension that would have been payable to or in respect of him by virtue of the [F112M39Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M40Police Act 1946 and he had neither been transferred to the combined force nor joined it within three months.

(5)Where the chief constable of a police force is engaged for a period of overseas service within the meaning of the M41Police (Overseas Service) Act 1945 or a period of central service within the meaning of section 43 of this Act, and before the end of that period that force ceases to exist as mentioned in subsection (1) of this section—

(a)that subsection shall apply to him as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period; and

(b)paragraph 2 of Schedule 4 to this Act shall not apply to him.

(6)For the purposes of section 4(2) of this Act no account shall be taken of subsection (2) of this section.

(7)In this section “successor force”, in relation to a police force which ceases to exist in consequence of any order, means a force to which members of that police force are transferred by virtue of the order; and “date of transfer” means the date as from which those members are so transferred.

59 F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

SupplementalE+W+S

60 Orders, rules and regulations.E+W

(1)Any power of the Secretary of State to make orders, rules or regulations under this Act (other than orders on appeals under section 37) shall be exercisable by statutory instrument.

(2)Any power of the Secretary of State to make orders under this Act (other than such orders as aforesaid) includes power to amend or revoke an order by a subsequent order.

61 Expenses.E+W

There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act, and any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

62 Meaning of “police area” &c.E+W

Except where the context otherwise requires, in this Act . . . F114

(a)“police area” or “police district” means any of the areas mentioned in column 1 of Schedule 8 to this Act;

(b)“police authority”, “chief officer of police” and “police fund” mean, in relation to any such area, the authority, officer or fund mentioned in respect of that area in columns 2, 3 and 4 of that Schedule respectively; and

(c)“police force” means the force maintained by any of the police authorities mentioned in that Schedule.

63 Minor and consequential amendments. E+W+S

The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

64 Interpretation, repeals and transitional provisions.E+W+S

(1)In this Act the expression “police purposes”, in relation to a police area, includes the purposes of special constables appointed for that area, of police cadets undergoing training with a view to becoming members of the police force maintained for that area and of civilians employed for the purpose of that force or of any such special constables or cadets.

(2)References in this Act to any enactment shall be construed as references to that enactment as amended, and as including references thereto as extended or applied, by any subsequent enactment.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(4)The Secretary of State may by order repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in any instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act [F116(including any provision of the M42Police (Scotland) Act 1967 which re-enacts any provision of this Act repealed by that Act)] or corresponds to any provision repealed by this Act; and any statutory instrument made under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The transitional provisions contained in Schedule 11 to this Act shall have effect for the purposes of this Act.

(6)Without prejudice to subsection (5) above, where any provision is made by this Act corresponding to any enactment repealed by this section, any regulation, order, rule or appointment made, and any other thing done, under that enactment shall have effect as if it were made or done under that provision.

65 Short title, commencement and extent. E+W+S

(1)This Act may be cited as the Police Act 1964.

(2)This Act shall come into force on such date as the Secretary of State may by order appoint.

(3)Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.

(4)An order under subsection (2) of this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provisions of this Act then in force as appear to the Secretary of State necessary or expedient for the purpose or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the M43London Government Act 1963.

(5)The following provisions of this Act extend to Scotland, namely, Part III; . . . F117; section 63 and Schedule 9, so far as they relate to enactments extending to Scotland; section 64 and Part II of Schedule 10; and this section.

(6)This Act does not extend to Northern Ireland.

SCHEDULES

Section 3.

SCHEDULE 1E+W Combined Police Authority Constituted as Committee of Constituent Council

1In relation to a combined police authority constituted as a committee of the council of a county . . . F118 the provisions of this Act shall have effect subject to the following provisions of this Schedule.

2Subsections (6) and (7) of section 2 shall apply to the combined police authority as if it were a committee appointed under that section and section 3(3) shall not apply.

3Notwithstanding anything in section 21(3) and Schedule 8, there shall be no combined police fund but the police fund for the combined area shall be the local fund of the county . . . F119 and the amalgamation scheme shall make provision for the payment into that fund, out of the local funds of the other areas comprised in the combined area, of contributions assessed in accordance with the provisions of the scheme.

4Sections 8(2) and 9(3) shall not apply, and subsections (3) and (4) of section 8 and subsections (1), (2) and (4) of section 9 shall apply as if the police area consisted only of the county . . . F120.

5The council of the county . . . F121 shall have the same power under section 10(1) as if the combined police force were maintained only for the county . . . F121.

6Any provision made under section 21(3)(e) may be for transfer to the council of the county . . . F122 instead of to the combined police authority, and for the use of any transferred property by that council instead of, or as well as, that authority.

7In relation to an amalgamation scheme to be approved or made by virtue of section 23 of this Act—

(a)the reference in subsection (4) of section 3 of this Act to a committee of one of the constituent councils shall include a reference to a committee of the council of the new or altered county . . . F123: and

(b)the request required by that subsection shall include the request of each of the following councils, that is to say—

(i)in the case of a new county, the councils of any counties . . . F123 of which the whole or part is to be included in the new county;

(ii) . . . F124

(iii)in the case of an altered county . . . F123 the council of the existing county . . . F123.

Section 18.

SCHEDULE 2E+W Form of Declaration

I, of do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

Section 21.

SCHEDULE 3E+W Procedure in respect of amalgamation schemes made by Secretary of State

1Where the Secretary of State proposes to make an amalgamation scheme under subsection (2) of section 21 of this Act, he shall give to the police authorities for the police areas proposed to be amalgamated a notice describing the general nature of the proposed scheme and specifying the period within which objection may be made thereto.

2Where any of the authorities to whom notice is required to be given under paragraph 1 above is a combined police authority, the Secretary of State shall give the like notice to the council of each county . . . F127 comprised in the combined area.

3If, within the period specified in the notice, any police authority or council to whom the notice is given gives notice to the Secretary of State of an objection to the proposed scheme or any feature of that scheme, the Secretary of State shall, before making the scheme, cause a local inquiry to be held in respect of that objection by a person appointed by him (who shall not be an officer of police or of any Government department).

4Where such an inquiry has been held, the Secretary of State shall consider the report of the person holding that inquiry before determining whether the scheme should be made and if so subject to what modifications, if any.

5[F129Subsections (2) and (3) of section 250 of the M46Local Government Act 1972] shall apply to any inquiry under this Schedule as they apply to an inquiry under that section.

6Where the Secretary of State proposes to make an amalgamation scheme after holding a local inquiry under this Schedule, a copy of the report of the person by whom the inquiry was held shall be laid before Parliament together with the draft of the statutory instrument comprising the scheme.

Section 21.

SCHEDULE 4E+W Transitory Provisions for Amalgamation Schemes

Constables and cadetsE+W

1(1)All members of a transferred force who are transferred by an amalgamation scheme shall be deemed to have been duly appointed as members of the new force under Part I of this Act, and to have been duly attested as such, and shall hold in that force the same ranks respectively as they held immediately before the date of transfer in the force from which they are transferred.

(2)All special constables appointed for a transferred area who are transferred by an amalgamation scheme shall be deemed to have been appointed as special constables for the new area under Part I of this Act, and to have been duly attested as such.

(3)All police cadets who are transferred by an amalgamation scheme shall be deemed to have been appointed under Part I of this Act to undergo training with a view to becoming members of the new force.

2Where, immediately before the date of transfer—

(a)section 43(1)(a) of this Act, or

(b)section 2 of the M47Police (Overseas Service) Act 1945. [F130or

(c)section 2 of the M48Police Act 1969]

applied to any person as having been a member of a transferred force, that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the date of transfer, as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.

Staff and assetsE+W

3(1)Where any officers or servants, property, rights or liabilities have been transferred by virtue of an amalgamation scheme from one authority to another, or will be so transferred on the date of transfer, those authorities may by agreement provide for the making of such adjustments in relation to their respective property, rights and liabilities as appear to them to be desirable having regard to the transfer, and any such agreement may, in particular, provide for the making of payments by either party thereto.

(2)If any question arises—

(a)whether any persons, property, rights or liabilities have been or will on the date of transfer be transferred from one authority to another by virtue of an amalgamation scheme; or

(b)whether any such adjustment as is mentioned in the foregoing sub-paragraph ought to be made between any authorities,

that question shall, in default of agreement between the authorities concerned, be referred to a single arbitrator agreed upon between the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator with respect to any such question as is mentioned in paragraph (b) of this sub-paragraph may provide for any matter for which provision might have been made by an agreement under the foregoing sub-paragraph.

Pending proceedingsE+W

4(1)Where, immediately before the date of transfer, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of an amalgamation scheme, those proceedings may be carried on thereafter with the substitution for that authority of the authority to whom the property, rights or liabilities are so transferred.

(2)Where, immediately before the date of transfer, a member of a transferred force is entitled to appeal to the Secretary of State under the provisions of section 37 of this Act, or of any corresponding provisions repealed by this Act, or where any such member has appealed to the Secretary of State under any of those provisions before the said date but the appeal has not been determined, then, unless the Secretary of State otherwise directs, the disciplinary authority for the new area shall be the respondent for the purposes of the appeal, and in the case of a pending appeal, shall be substituted as respondent for the disciplinary authority for the transferred force.

SuperannuationE+W

5(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

(4) . . . F132

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(6)-(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

RegistersE+W

6Any register, or the appropriate part of any register, kept in pursuance of any enactment by the chief constable of a transferred area shall be transferred by him to the chief constable of the new area as soon as may be after the date of transfer, and as from that date shall be deemed to form part of the corresponding register kept by that chief constable.

SupplementaryE+W

F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

7

8In this Schedule—

• “date of transfer” means the date on which an amalgamation scheme comes into operation or, where different provisions of the scheme come into operation on different dates, the last of those dates;

• “pension” includes a lump sum and a gratuity;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature;

• “transferred area” means a police area which becomes comprised in a combined police area by virtue of an amalgamated scheme, or which is divided into two or more police areas by virtue of a scheme amending or revoking such a scheme;

• “transferred force” means the police force of a transferred area;

• “new area” means, in relation to any person or property, the police area in which a transferred area becomes comprised by virtue of an amalgamation scheme or, in the case of an area which is divided into two or more police areas by virtue of a scheme amending or revoking an amalgamation scheme, such of those areas as may be prescribed by that scheme;

• “new force” means the police force of a new area

Section 37.]

[F136SCHEDULE 5E+W Disciplinary Appeals

Notice of appealE+W

1Any appeal under section 37 of this Act (in this Schedule referred to as “the principal section”) shall be instituted by giving a notice of appeal within the time prescribed under this Schedule.

RespondentE+W

2(1)On any appeal under the principal section against the decision of a police authority the respondent shall be that authority.

(2)On any other appeal under that section the respondent shall be the chief officer of police of the police force to which the appellant belongs or such other person as the Secretary of State may direct; and the Secretary of State may direct any respondent under this sub-paragraph to act in relation to the appeal in consultation with such other person or persons as the Secretary of State may specify.

InquiriesE+W

3(1)The Secretary of State may appoint three persons to hold an inquiry into and report to him on any appeal under the principal section other than an appeal from a decision of a police authority and, subject to sub-paragraph (2) below, shall do so where—

(a)it appears to him that the appeal cannot be properly determined without taking evidence; or

(b)the appellant has been punished by way of dismissal, requirement to resign or reduction in rank and has requested that such persons be appointed.

(2)The Secretary of State need not make an appointment under sub-paragraph (1) above if he is satisfied that there are sufficient grounds for allowing the appeal without an inquiry.

(3)The persons appointed under sub–paragraph (1) above shall be—

(a) a, [F137person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990] who shall be chairman;

(b) a serving or retired inspector of constabulary or a retired chief officer; and

(c)a retired officer of appropriate rank within the meaning of sub-paragraph (4) below.

(4)A retired officer of appropriate rank means—

(a)where the appellant was, immediately before the disciplinary proceedings, of the rank of chief superintendent or superintendent, a retired police officer who at the time of his retirement was of either of those ranks; and

(b)in any other case, a retired police officer who at the time of his retirement was of the rank of chief inspector or below.

(5)The Secretary of State may appoint one or more persons to hold an inquiry into and report to him on an appeal under the principal section from a decision of a police authority.

(6)The Secretary of State may require persons appointed under this paragraph to deal in their report with any particular matter specified by him.

(7)Subsections (2) and (3) of section 250 M49 of the Local Government Act 1972 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

(8)The Secretary of State may require persons appointed under this paragraph to hold a hearing.

(9)Persons so appointed shall hold a hearing in any case where they are not required to do so under sub-paragraph (8) above, unless it appears to them that it is unnecessary to do so.

(10)A decision whether to hold a hearing shall not be taken under sub-paragraph (9) above unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(11)Where a hearing is held in the course of an inquiry, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

(12)Before making an order under the principal section the Secretary of State shall consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(13)The Secretary of State may, before making an order under the principal section, remit the case for further investigation by the person or persons who held the inquiry or, if he thinks fit, for further consideration by the person or persons whose decision is the subject of the appeal.

Notice and effect of ordersE+W

4(1) A copy of any order made by the Secretary of State, together with a written statement of his reasons for making it, shall as soon as made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person or persons who held the inquiry; and the order shall be final and binding upon all parties.

(2)

Where an appeal is allowed or the punishment is varied by the Secretary of State, the order shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the order is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of his reinstatement and, if he were suspended for a period immediately preceding the date of the decision, the order shall deal with the suspension.

(3)Any costs payable under the principal section shall be subject to taxation in such manner as the Secretary of State may direct.

RulesE+W

5(1)The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, may make rules—

(a)prescribing the form and content of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted; and

(b)prescribing the documents to be submitted and the time within which they are to be submitted by the respondent; and

(c)providing for the person or persons holding an inquiry to receive evidence or representations in writing instead of holding a hearing.

(2)Any rules made under this paragraph shall be laid before Parliament after being made.

F138SCHEDULES 6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F139SCHEDULES 7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 62.

SCHEDULE 8E+W Meaning of Police Area, &c.

In this Schedule “the City of London” means the City as defined for the purposes of the Acts relating to the City of London police; “the metropolitan police district” means that district as defined in section 76 of the London Government Act 1963; references to a county . . . F143 shall be construed in accordance with Part I of this Act; . . . F144

Section 63

X1SCHEDULE 9E+W+S Minor and Consequential Amendments

F152SCHEDULE 10E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 64.

SCHEDULE 11E+W Transitional Provisions

Police authoritiesE+W

1On the date on which the police authority for a police area is constituted pursuant to section 2 of this Act, there shall be transferred to that authority—

(a)all officers and servants who, immediately before that date, were employed by the previous police authority for police purposes or for the purposes of the functions of the police authority under section 2 of the M58Road Traffic and Roads Improvement Act 1960;

(b)all property which, immediately before that date, was held by the police authority for any of those purposes; and

(c)all rights acquired and liabilities incurred by the previous police authority by reason of the exercise of any of their police functions or of any of their functions under the said Act of 1960.

2Anything done before the said date by, to or before the previous police authority shall, so far as may be necessary for the purpose or in consequence of section 2 of this Act, have effect after that date as if it had been done by, to or before the police authority constituted pursuant to that section.

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F1533

4(1)Where, for the purposes of any such statutory provision as is mentioned in sub-paragraph (2) of the said paragraph 5, the previous police authority for a police area would (if this Act had not been passed) at any time on or after the date on which a police authority is constituted for that area pursuant to section 2 of this Act have been the employing authority or former employing authority in relation to—

(a)a person who before that date died while in the employment of the previous police authority for any of the purposes mentioned in paragraph 1(a) of this Schedule, or otherwise ceased to be employed by that authority having been employed for any of those purposes when his employment ceased, or

(b)the widow or any other dependant of such a person,

the police authority constituted for that area as aforesaid shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, or to that person’s widow or other dependant, as the case may be.

(2)Where before the date on which the police authority for a police area is constituted pursuant to section 2 of this Act a gratuity, by way of periodical payments or an annuity,—

(a)was granted to any person by the previous police authority on his ceasing to be employed by them for any of the purposes mentioned in paragraph 1(a) of this Schedule, or

(b)was granted to the widow or any other dependant of a person who died while in the employment of that authority for any of those purposes, or who died during the currency of such a gratuity granted to him by that authority on his ceasing to be employed by them for any of those purposes,

and, if payment in respect of the gratuity had continued in accordance with the terms of the grant, one or more payments in respect of that gratuity would have been made by the previous police authority on or after that date, whether the authority would have been obliged to make those payments or not, those payments shall be made by the police authority constituted pursuant to section 2 of this Act.

Amalgamation schemesE+W

5Any amalgamation scheme approved or made under the M59Police Act 1946 and in force at the commencement of this Act shall continue in force and have effect as if made under Part I of this Act, and may be amended or revoked accordingly.

6Without prejudice to section 22 of this Act, the Secretary of State may, after consulting the combined police authority for the police area constituted by an amalgamation scheme in force at the commencement of this Act under the Police Act 1946, by order made by statutory instrument amend the scheme to such extent as he considers expedient for securing compliance with the provisions of the said Part I with respect to the constitution of combined police authorities.

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F1547—13.