Part IE+W Organisation of Police Forces

County, county borough and combined forcesE+W

[F11 Police areas.E+W

(1)England and Wales shall be divided into police areas.

(2)The police areas referred to in subsection (1) of this section shall be—

(a)those listed in Schedule 1A t o this Act (subject to any amendment made to that Schedule by an order under section 21 or 21A of this Act, section 58 of the M1Local Government Act 1972, or section 17 of the M2Local Government Act 1992), together with

(b)the City of London police area and the metropolitan police district.

(3)References in Schedule 1A to any local government area are to that area as it is for the time being, but excluding any part of it within the metropolitan police district.]

[F22A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 Forces outside London]E+W

[F42 Maintenance of police forces.E+W

A police force shall be maintained for every police area for the time being listed in Schedule 1A to this Act.]

[F53 Establishment of police authorities.E+W

(1)There shall be a police authority for every police area for the time being listed in Schedule 1A to this Act.

(2)A police authority established under this section for any area shall be a body corporate to be known by the name of the area with the addition of the words “Police Authority”.]

[F63A Membership of police authorities etc.E+W

(1)Subject to subsection (2) of this section, each police authority established under section 3 of this Act shall consist of seventeen members.

(2)The Secretary of State may by order provide in relation to a police authority specified in the order that the number of its members shall be a specified odd number greater than seventeen.

(3)A statutory instrument containing an order made under subsection (2) of this section shall be laid before Parliament after being made.

(4)Schedules 1B and 1C to this Act shall have effect in relation to police authorities established under section 3 and the appointment of their members.]

F73B Reductions in size of police authorities.E+W

(1)This section applies to any order under subsection (2) of section 3A of this Act which varies or revokes an earlier order so as to reduce the number of a police authority’s members.

(2)Before making an order to which this section applies, the Secretary of State shall consult—

(a)the authority,

(b)the councils which are relevant councils in relation to the authority for the purposes of Schedule 1B to this Act, and

(c)any panel (or magistrates’ courts committee) which is responsible, or is represented on a joint committee which is responsible, for the appointment of members of the authority.

(3)An order to which this section applies may include provision as to the termination of the appointment of the existing members of the authority and the making of new appointments or re-appointments.

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 [F11M4Police 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 [F13person 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)[F14Appointments 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.

[F156A 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 M6 section 3 of the Police (Overseas Service) Act 1945; or

(iii)of service in pursuance of an appointment under M7 section 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 [F16, 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 [F17M8Police 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3)For every [F19police area consisting of a non-metropolitan county] . . . F20 an account, to be known as the police account, shall be kept of all expenditure and receipts of the police authority; and every such account, [F21shall be treated for the purposes of [F22Part III of the Local Government Finance Act 1982]as though it were included among the accounts of the council of that county, . . . F23]

(4)No sum shall be paid out of the police fund for a [F24police area consisting of a non-metropolitan county] . . . F25 without the approval of the council of the county . . . F25 except—

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

9 Acquisition of land.E+W

(1)The council of any county . . . F28 constituting 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 [F29subsections (3) and (4) of section 120 of the M10Local 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 . . . F28 may 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 . . . F28; and the M11Acquisition of Land [F30Act 1981 shall apply to a compulsory purchase under this section], [F31and subsection (3) of section 121 of the M12Local 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 . . . F28 ; and the provisions of this section, the [F32M13Local Government Act 1972] . . . F33 with 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 . . . F28 included 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 . . . F28 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 . . . F34 for which a police force is maintained under that section, may employ civilians for police purposes of the area.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(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 . . . . . . F34.

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 [F38any non-metropolitan county], . . . F39 or combined area to be put, in the course of the proceedings of the council for that county or, . . . F39 as 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.

[F40F4015A Provision of advice and assistance to international organisations etc.E+W

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief officer of police for its area.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a member of the police force maintained by the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) of this section may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice or assistance provided by it under this section.

(7)In its application in relation to the metropolitan police this section shall apply—

(a)as if the power conferred by subsection (1) were conferred on the Commissioner of Police of the Metropolis (and accordingly as if the references in subsections (1)(b) and (2) to a police authority were omitted), and

(b)as if in subsection (6) the reference to a police authority were a reference to the Receiver for the Metropolitan Police District.

(8)The provisions of this section are without prejudice to the M14Police (Overseas Service) Act 1945 and section 10 of the M15Overseas Development and Co-operation Act 1980.]

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 F41. . ., 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.

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.

[F42(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(6)This section is without prejudice to [F44section 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, . . . F45;

(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) . . . F46

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

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(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 . . . F51 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

[F52(1)An amalgamation scheme may be approved or made under this Act [F53with respect to any two or more prospective police areas] 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.

[F54(1B)In this section—

• “prospective police area” means any area which (apart from any amalgamation scheme) would become a police area by virtue of an order under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972 or which, in accordance with such an order, is to be treated, for the purposes of the approval or making of any amalgamation scheme, as an area which would become a police area by virtue of that order; and

• “the relevant date”, in relation to a prospective police area, means the date on which the order in question gives effect to structural or boundary changes affecting the area comprised in the prospective police area;

and in this subsection the reference to a structural or boundary change is a reference to any structural or boundary change within the meaning of Part II of that Act of 1992 or, in relation to an order under Part IV of that Act of 1972, to the constitution of a new county or the alteration of an existing county.]]

(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—

[F55(a)any reference to a police area shall include a reference to a prospective police area;

(b)any reference, in relation to a prospective police area, to a constituent authority shall be a reference to the police authority for any police area the whole or any part of which will be included in the prospective police area and the council of any county the whole or any part of which will be so included; and

(c)any reference, in relation to a prospective police area, to the police authority (except a reference to which paragraph (b) above applies) shall be a reference to any constituent authority (within the meaning of that paragraph) other than the council for a county for which there is a separate police authority.]

[F56(3)For the purposes of the approval or making of any amalgamation scheme with respect to any area, any steps required by this Act to be taken before an amalgamation scheme is approved or made may be taken at any time—

(a)after any report affecting that area, together with proposals or recommendations, has been submitted to the Secretary of State under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972; and

(b)before an order is made to give effect to the proposals or recommendations,

if the Secretary of State has notified the general nature of the order he intends to make to give effect to the proposals or recommendations to every authority which for the purposes of sections 21 and 22 above (as modified by subsection (2) above) would be a constituent authority in relation to that scheme.]

(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

[F5725Cambridge and Peterborough.E+W

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F58(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

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 M19Police Act 1946;

• . . . F60

• “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 . . . . F61, the council of the county . . . F61, and “constituent council” means any such council;

• “local fund” in relation to a county, means the county fund . . . F61

• “magistrate” has the same meaning as in the Justices of the M20Peace 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 [F66a 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, . . . F68 or combined police force;

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

[F69(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 [F70section 81 of the M21Road 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)[F73Subsections (2) and (3) of section 250 of the M22Local 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;

[F74(e)the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;]

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75[F76 (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective.]

(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.

[F77(4A)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.]

(5)Regulations under this section may make different provision for different cases and circumstances, F78. . .

(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.

[F7937 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 [F80affecting individuals, except as provided by subsection (1A) below, and questions of] promotion affecting individuals.

[F81(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 [F82subject 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.

[F83(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 [F84or 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 [F85M23Police Pensions Act 1976] under section 33 of this Act or under [F86section 26 of the M24Police (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 F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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, [F88other than regulations with respect to any of the matters mentioned in section 1(1) of the M25Police 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 F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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—

[F90on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F91level 5 on the standard scale] or to both].

(2)Subsection (2) of [F92section 17 of the M26Firearms 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 [F93level 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 [F94level 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 [F95level 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 [F96level 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 M33Police 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.

[F10057 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 M34London 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 [F101Part IV of the M35Local 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 [F102deputy]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 [F103M36Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M37Police 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 M38Police (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 F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

[F10562 Meaning of “chief officer of police” etc.E+W

Except where the context otherwise requires, in this Act—

• “chief officer of police” means—

  (a)

  in relation to a police force maintained under section 2 of this Act, the chief constable,

  (b)

  in relation to the metropolitan police force, the Commissioner of Police of the Metropolis, and

  (c)

  in relation to the City of London police, the Commissioner of the City of London Police;

• “City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police;

• “ metropolitan police district” means that district as defined in section 76 of the M39London Government Act 1963;

• “police area” (or “police district”) means a police area provided for by section 1 of this Act;

• “police authority” means—

  (a)

  in relation to a police area listed in Schedule 1A to this Act, the authority established under section 3 of this Act,

  (b)

  in relation to the metropolitan police district, the Secretary of State, and

  (c)

  in relation to the City of London police area, the Common Council;

• “police force” means a force maintained by a police authority;

• “police fund” means—

  (a)

  in relation to a force maintained under section 2, the fund kept by that force’s police authority under section 8 of this Act,

  (b)

  in relation to the metropolitan police, the metropolitan police fund, and

  (c)

  in relation to the City of London Police, the fund out of which the expenses of the City police are paid.]

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

(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 [F107(including any provision of the M40Police (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 M41London Government Act 1963.

(5)The following provisions of this Act extend to Scotland, namely, Part III; . . . F108; 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

[F109Schedule 1AE+W POLICE AREAS]

F110 England (except London)E+W

F143 England (except London)E+W

F111 WalesE+W

[F112Schedule 1BE+W POLICE AUTHORITIES ESTABLISHED UNDER SECTION 3]

Membership of police authoritiesE+W

1(1)Where, by virtue of section 3A of this Act, a police authority is to consist of seventeen members—

(a)nine of those members shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b)five shall be persons appointed under paragraph 5, and

(c)three shall be magistrates appointed under paragraph 8.

(2)Where, by virtue of an order under subsection (2) of that section, a police authority is to consist of more than seventeen members—

(a)a number which is greater by one than the number of members provided for in paragraphs (b) and (c) of this sub-paragraph shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b)such number as may be prescribed by the order, not exceeding one third of the total membership, shall be persons appointed under paragraph 5, and

(c)the remainder shall be magistrates appointed under paragraph 8.

Appointment of members by relevant councilsE+W

2(1)In the case of a police authority in relation to which there is only one relevant council, the members of the police authority referred to in paragraph 1(1)(a) or (2)(a) of this Schedule shall be appointed by that council.

(2)In any other case, those members shall be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.

3The number of members of the joint committee, and the number of those members to be appointed by each relevant council, shall be such as the councils may agree or, in the absence of agreement, as may be determined by the Secretary of State.

4(1)A council or joint committee shall exercise its power to appoint members of a police authority under paragraph 2 of this Schedule so as to ensure that, so far as practicable, the members for whose appointment it is responsible reflect—

(a)in the case of appointments by a council, the balance of parties for the time being prevailing among the members of the council, and

(b)in the case of appointments by a joint committee, the balance of parties for the time being prevailing among the members of the relevant councils taken as a whole.

(2)The members referred to in sub-paragraph (1)(a) and (b) of this paragraph do not include any member of a relevant council who is disqualified for being appointed as or being a member of the police authority under paragraph 13 of this Schedule.

Appointment of independent membersE+W

5The members of a police authority referred to in paragraph 1(1)(b) or (2)(b) of this Schedule shall be appointed—

(a)by the members of the police authority appointed under paragraph 2 or 8,

(b)from among persons on a short-list prepared by the Secretary of State in accordance with Schedule 1C to this Act.

6(1)Every police authority shall arrange for a notice stating—

(a)the name of each of its members appointed under paragraph 5 of this Schedule, and

(b)such other information relating to him as the authority considers appropriate,

to be published in such manner as it thinks fit.

(2)A police authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under sub-paragraph (1) of this paragraph.

Appointment of magistratesE+W

7The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) of this Schedule—

(a)must be magistrates for an area all or part of which constitutes or forms part of the authority’s area, and

(b)shall be appointed in accordance with paragraph 8 of this Schedule;

and in that paragraph and paragraph 9 references to a panel are references to a selection panel established under regulations made in accordance with section 21(1A) of the M42Justices of the Peace Act 1979.

8(1)Where there is a panel for an area which constitutes or includes the police authority’s area, that panel shall make the appointment.

(2)Where the area of more than one panel falls wholly or partly within the police authority’s area, the appointment shall be made by a joint committee consisting of representatives from the panels concerned.

(3)The number of members of a joint committee, and the number of those members to be appointed by each panel, shall be such as the panels may agree or, in the absence of agreement, as may be determined by the Lord Chancellor.

9In relation to any appointment made at a time when no panels have been established, paragraph 8 of this Schedule shall have effect as if for any reference to a panel there were substituted a reference to a magistrates’ courts committee.

ChairmanE+W

10(1)A police authority shall at each annual meeting appoint a chairman from among its members.

(2)The appointment under sub-paragraph (1) of this paragraph shall be the first business transacted at the meeting.

(3)On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made—

(a)at the next meeting of the authority (other than an extraordinary meeting), or

(b)if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.

DisqualificationE+W

11A person shall be disqualified for being appointed as a member of a police authority if he has attained the age of seventy years.

12(1)Subject to sub-paragraphs (3) and (4) of this paragraph, a person shall be disqualified for being appointed as or being a member of a police authority if—

(a)he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the authority are represented, or by any person holding any such office or employment;

(b)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c)he is subject to a disqualification order under the M43Company Directors Disqualification Act 1986, or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(d)he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2)A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee on which the authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified for being appointed as or being a member of that other police authority.

(3)Where a person is disqualified under sub-paragraph (1)(b) of this paragraph by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

(a)unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and

(b)if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(4)Where a person is disqualified under sub-paragraph (1)(b) of this paragraph by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(5)For the purposes of sub-paragraph (1)(d) of this paragraph, the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

13Without prejudice to paragraphs 11 and 12 of this Schedule, a member of a relevant council shall be disqualified for being appointed as or being a member of a police authority under paragraph 2 of this Schedule if he was elected for an electoral division or ward wholly within the metropolitan police district.

14(1)Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 of this Schedule if—

(a)he has not yet attained the age of twenty-one years, or

(b)neither his principal or only place of work, nor his principal or only place of residence, has been in the area of the authority during the whole of the period of twelve months ending with the day of appointment.

(2)Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within that area.

15(1)Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 of this Schedule, and for being a member so appointed, if he is—

(a)a member of the council for a county, district, county borough or London borough which is wholly or partly within the area of the police authority;

(b)a magistrate eligible for appointment to the police authority under paragraph 8 of this Schedule;

(c)a member of the selection panel for the police authority’s area established under Schedule 1C to this Act;

(d)a member of a police force;

(e)an officer or employee of a police authority; or

(f)an officer or employee of a relevant council.

(2)A person shall not be regarded for the purposes of sub-paragraph (1)(f) of this paragraph as an employee of a relevant council by reason of his holding—

(a)the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or

(b)any other post as a teacher or lecturer in any such school, college, institution or establishment.

Tenure of officeE+W

16Subject to the following paragraphs (and to the provisions of any order under section 3A(2) of this Act), a person shall hold and vacate office as a member of a police authority in accordance with the terms of his appointment.

17(1)A person shall be appointed to hold office as a member for—

(a)a term of four years or a term expiring on his attaining the age of seventy years, whichever is the shorter, or

(b)such shorter term as the body appointing him may determine in any particular case.

(2)A person shall not, by virtue of sub-paragraph (1)(b) of this paragraph, be appointed under paragraph 5 of this Schedule for a term shorter than four years without the approval of the Secretary of State.

18(1)A person may at any time resign his office as a member, or as chairman, by notice in writing to the police authority.

(2)Where a member appointed under paragraph 5 of this Schedule resigns his office as a member under sub-paragraph (1) of this paragraph, he shall send a copy of the notice to the Secretary of State.

19(1)A member of a relevant council appointed to be a member of a police authority under paragraph 2 of this Schedule shall cease to be a member of the authority if he ceases to be a member of the council (and does not on the same day again become a member of the council).

(2)A magistrate appointed to be a member of a police authority under paragraph 8 of this Schedule shall cease to be a member of the authority if he ceases to be a magistrate for an area all or part of which constitutes or forms part of the authority’s area.

20(1)A police authority may remove a member from office by notice in writing if—

(a)he has been absent from meetings of the police authority for a period longer than three consecutive months without the consent of the authority,

(b)he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 12 of this Schedule),

(c)the police authority is satisfied that the member is incapacitated by physical or mental illness, or

(d)the police authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2)Where a police authority removes a member under sub-paragraph (1) of this paragraph, it shall give notice of that fact—

(a)in the case of a member appointed under paragraph 2 or 8 of this Schedule, to the body which appointed him, and

(b)in the case of a member appointed under paragraph 5, to the Secretary of State.

21A council or joint committee may remove from office a member of a police authority appointed by it under paragraph 2 of this Schedule with a view to appointing another in his place if it considers that to do so would further the object provided for by paragraph 4.

22If a chairman of a police authority ceases to be a member, he shall also cease to be chairman.

Eligibility for re-appointmentE+W

23A person who ceases to be a member, otherwise than by virtue of paragraph 20 of this Schedule, or ceases to be chairman, may (if otherwise eligible) be re-appointed.

Validity of actsE+W

24The acts and proceedings of any person appointed to be a member or chairman of a police authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

25The proceedings of a police authority shall not be invalidated by a vacancy in the membership of the authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

AllowancesE+W

26(1)A police authority may make to its chairman and other members such payments by way of reimbursement of expenses and allowances as the Secretary of State may, with the approval of the Treasury, determine.

(2)Payments made under sub-paragraph (1) of this paragraph may differ according to whether the recipient is a chairman or other member or was appointed under paragraph 2, 5 or 8 of this Schedule.

InterpretationE+W

27(1)For the purposes of this Schedule, a council is a “relevant council” in relation to a police authority if—

(a)it is the council for a county, district, county borough or London borough which constitutes, or is wholly within, the authority’s police area, and

(b)in the case of a district council, the district is not in a county having a county council within paragraph (a).

(2)In determining for the purposes of sub-paragraph (1) of this paragraph whether a county or district is wholly within a police area, any part of the county or district which is within the metropolitan police district shall be disregarded.

[F113Schedule 1CE+W POLICE AUTHORITIES: SELECTION OF INDEPENDENT MEMBERS]

Selection panelsE+W

1(1)There shall be a selection panel for each police area for the time being listed in Schedule 1A to this Act.

(2)Each selection panel shall consist of three members, one of whom shall be appointed by each of the following—

(a)the designated members of the police authority for the area;

(b)the Secretary of State;

(c)the two members of the panel appointed by virtue of paragraphs (a) and (b) of this sub-paragraph.

(3)A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2) of this paragraph.

(4)In this Schedule “designated member” means a member appointed under paragraph 2 or 8 of Schedule 1B to this Act.

2A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11, 12, 14 or 15(1)(d) to (f) of Schedule 1B to this Act, he is disqualified—

(a)for being appointed under paragraph 5 of that Schedule as a member of the police authority for the panel’s area, or

(b)for being a member so appointed.

3(1)A person shall be appointed to hold office as a member of a selection panel for a term of two years, or for a term expiring on his attaining seventy years of age, whichever is the shorter.

(2)A person may at any time resign his office as a member by notice in writing to the persons who under paragraph 1 of this Schedule would be required to appoint his successor.

(3)A person shall not cease to be a member by reason only that any of the persons appointing him cease to hold the positions by virtue of which they appointed him.

4A member of a selection panel may be removed from office by notice in writing by the persons who, under paragraph 1 of this Schedule, would be required to appoint his successor (“the appointer”) if—

(a)the member has been absent from two consecutive meetings of the selection panel without the consent of the panel,

(b)the member has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 2 of this Schedule),

(c)the appointer is satisfied that the member is incapacitated by physical or mental illness, or

(d)the appointer is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

5A person who ceases to be a member of a selection panel, otherwise than by virtue of paragraph 4 of this Schedule may (if otherwise eligible) be re-appointed.

6(1)The acts and proceedings of any person appointed to be a member of a selection panel and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

(2)Subject to the provisions of any regulations made under paragraph 11 of this Schedule, the proceedings of a selection panel shall not be invalidated by—

(a)a vacancy in the membership of the panel, or

(b)a defect in the appointment of a person as a member.

7(1)A police authority shall make to members of the selection panel for the authority’s area such payments by way of reimbursement of expenses and allowances as it may determine.

(2)A police authority shall—

(a)provide the selection panel for the authority’s area with such accommodation, and such secretarial and other assistance, as they may reasonably require, and

(b)meet any expenses incurred by the panel in the exercise of their functions.

Functions of selection panelE+W

8(1)Where appointments to a police authority are to be made under paragraph 5 of Schedule 1B to this Act, the selection panel for the authority’s area shall nominate persons willing to be candidates for appointment.

(2)Unless the selection panel are able to identify only a smaller number, the number of persons to be nominated by a selection panel under this paragraph on any occasion shall be a number four times greater than the number of appointments to be made under paragraph 5 of Schedule 1B to this Act.

(3)A selection panel shall notify the Secretary of State of—

(a)the name of each person nominated by it under this paragraph, and

(b)such other information regarding those persons as it considers appropriate.

9A person shall not be nominated under paragraph 8 of this Schedule in relation to an authority if, by virtue of paragraph 11, 12, 14 or 15 of Schedule 1B to this Act, he is disqualified for being appointed as a member of the authority under paragraph 5 of that Schedule.

10In exercising their functions a selection panel shall have regard to the desirability of ensuring that, so far as reasonably practicable, the persons nominated by them under paragraph 8 of this Schedule—

(a)represent the interests of a wide range of people within the community in the police area, and

(b)include persons with skills, knowledge or experience in such fields as may be specified for the purposes of this paragraph in regulations made under paragraph 11 of this Schedule.

11(1)The Secretary of State may make regulations as to—

(a)the procedures to be followed in relation to the selection of persons for nomination under paragraph 8 of this Schedule, and

(b)the conduct of the proceedings of selection panels.

(2)Without prejudice to the generality of sub-paragraph (1) of this paragraph, regulations under this paragraph may—

(a)make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications or suggestions for nomination under paragraph 8 of this Schedule, and for dealing with applications and suggestions received;

(b)make provision specifying the fields referred to in paragraph 10 of this Schedule;

(c)prescribe matters, in addition to those mentioned in paragraph 10 of this Schedule, to which a selection panel is to have regard in carrying out any of its functions;

(d)provide for decisions of a selection panel to be taken by a majority of the members.

(3)Regulations under this paragraph may make different provision for different cases and circumstances.

(4)A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Functions of selection panelE+W

11(1)The Secretary of State may make regulations as to—

(a)the procedures to be followed in relation to the selection of persons for nomination under paragraph 8 of this Schedule, and

(b)the conduct of the proceedings of selection panels.

(2)Without prejudice to the generality of sub-paragraph (1) of this paragraph, regulations under this paragraph may—

(a)make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications or suggestions for nomination under paragraph 8 of this Schedule, and for dealing with applications and suggestions received;

(b)make provision specifying the fields referred to in paragraph 10 of this Schedule;

(c)prescribe matters, in addition to those mentioned in paragraph 10 of this Schedule, to which a selection panel is to have regard in carrying out any of its functions;

(d)provide for decisions of a selection panel to be taken by a majority of the members.

(3)Regulations under this paragraph may make different provision for different cases and circumstances.

(4)A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Secretary of State’s short-listE+W

12(1)Where the Secretary of State receives a notice under paragraph 8(3) of this Schedule, he shall as soon as practicable prepare a short-list of candidates and send it to the police authority concerned.

(2)Subject to paragraph 13 of this Schedule, the candidates on the short-list prepared by the Secretary of State shall be persons nominated by the selection panel, and their number shall be one half of the number of those persons.

(3)Where the number of persons nominated by the panel is an odd number, the number to be short-listed by the Secretary of State shall be one half of the number nominated reduced by one.

13(1)This paragraph has effect where the number of persons nominated by the selection panel is less than twice the number of vacancies to be filled by appointments under paragraph 5 of Schedule 1B.

(2)The Secretary of State may himself nominate such number of candidates as, when added to the number nominated by the selection panel, equals twice the number of vacancies; and if he does so, paragraph 12 of this Schedule shall have effect as if the selection panel had nominated the Secretary of State’s nominees as well as their own.

14The Secretary of State shall give to the designated members any information regarding the persons on his short-list which they request and which he has received under paragraph 8 of this Schedule.

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

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 M45Police (Overseas Service) Act 1945. [F118or

(c)section 2 of the M46Police 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(4) . . . F120

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

(6)-(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

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

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.]

[F124SCHEDULE 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, [F125person 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 M47 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.

F126SCHEDULES 6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127SCHEDULES 7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 . . . F131 shall be construed in accordance with Part I of this Act; . . . F132

Section 63

X1SCHEDULE 9E+W+S Minor and Consequential Amendments

F140SCHEDULE 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 M56Road 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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F1413

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 M57Police 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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F1427—13.