SCHEDULES

Section 3.

SCHEDULE 1Combined Police Authority Constituted as Committee of Constituent Council

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

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

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

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

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

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

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

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

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

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

(ii)in the case of a new county borough, the council of any county borough or county district of which the whole or part is to be so included ;

(iii)in the case of an altered county or county borough, the council of the existing county or county borough.

Section 18.

SCHEDULE 2Form of Declaration

Section 21.

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

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

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

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

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

5Subsections (2) and (3) of section 290 of the Local Government Act 1933 shall apply to any inquiry under this Schedule as they apply to an inquiry under that section.

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

Section 21.

SCHEDULE 4Transitory Provisions for Amalgamation Schemes

Constables and cadets

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 Police (Overseas Service) Act 1945,

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 assets

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 proceedings

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.

Superannuation

5(1)This paragraph applies to any person who is transferred by virtue of an amalgamation scheme from the employment of one authority (in this paragraph referred to as the " transferor authority ") to the employment of another authority (in this paragraph referred to as the " transferee authority ").

(2)Subject to the following provisions of this paragraph—

(a)any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, any local Act under which any authority maintains a superannuation fund, the Superannuation (Miscellaneous Provisions) Act 1948 or the National Insurance Act 1959, which is in force at the date of transfer, and

(b)except as may be otherwise expressly provided therein, any enactment passed after that date whereby any of the Acts referred to in paragraph (a) above is amended, extended or superseded, and any statutory provision which after that date is made or issued under any of those Acts or such an enactment,

shall have effect in relation to any person to whom this paragraph applies as if his employment by the transferor authority and his employment by the transferee authority were one continuous employment.

(3)In any case where the fund which is the superannuation fund in relation to a person to whom this paragraph applies immediately before the date of transfer is not the same as the fund which is the superannuation fund in relation to that person immediately after that date, the last foregoing sub-paragraph shall not have effect for the purposes of section 29 of the Local Government Superannuation Act 1937 (payment of transfer values); but, with respect to any transfer value which, apart from any direction under this sub-paragraph, would in such a case be payable under the said section 29, the Minister of Housing and Local Government, if in the circumstances he considers it equitable to do so, may give directions for securing that—

(a)no such transfer value will be payable in consequence of the transfer;

(b)the assets comprised in the fund out of which the transfer value would have been payable will be apportioned in such manner as the authorities concerned may agree or, in default of such agreement, the Minister may determine; and

(c)in respect of such part of those assets as may be so agreed or determined, such financial adjustments (whether by way of the transfer of assets or the making of a payment or both) as may be so agreed or determined will be made;

and any directions given under this sub-paragraph may include such incidental, supplementary and consequential provisions as the Minister considers appropriate.

(4)Sub-paragraph (2) of this paragraph shall not affect the power to make regulations under section 36(6) of the said Act of 1937 with respect to such administrative action to be taken by local authorities as is mentioned in Schedule 3 to that Act, and, except as may be expressly provided in the regulations, shall not affect the operation of any such regulations.

(5)Any such statutory resolution as is mentioned in section 3(2) of the said Act of 1937 (designation of persons as contributory employees) which—

(a)was passed by the transferor authority ; and

(b)is in force in relation to any person to whom this paragraph applies immediately before the date of transfer ;

shall continue in force in relation to that person and have effect as if it had been passed by the transferee authority.

(6)Where immediately before the date of transfer it was the prevailing practice of the transferor authority to exercise beneficially (that is to say, so as to secure the payment of pensions or of increased pensions) any discretionary power exercisable by them by virtue of any statutory provision relating to pensions, it shall, in relation to any person to whom this paragraph applies, be the duty of the transferee authority to exercise that power (or any corresponding power under the statutory provisions relating to pensions for the time being in force) in a way which is not less beneficial than that practice; and section 35 of the said Act of 1937 shall apply to any question arising under this sub-paragraph.

(7)In any case where the statutory provisions relating to pensions to which a person to whom this paragraph applies is subject immediately before the date of transfer by virtue of his employment by the transferor authority are not the same as those to which he becomes subject on that day by virtue of his employment by the transferee authority, the second-mentioned provisions shall have effect, in relation to that person, as if they required him to make the like contributions (if any) as he would have been liable to make, and conferred on him rights corresponding with those which he would have enjoyed, if he had remained subject to the first-mentioned provisions, and as if they conferred on the transferee authority any discretionary power to pay pensions or increased pensions which was exercisable under those provisions by the transferor authority.

Registers

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.

Supplementary

7Subject to the foregoing provisions of this Schedule, anything done before the date of transfer by, to or before the police authority of a transferred area, or by, to or before the chief constable of any such area, shall, in so far as may be necessary for the purpose or in consequence of the provisions of this Act or any amalgamation scheme, have effect after that date as if it had been done by, to or before the police authority for the new area, or the Chief constable of that area.

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 amalgamation 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.

SCHEDULE 5Disciplinary Appeals

Notice of appeal

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.

Respondent

2(1)On any appeal tinder the principal section the disciplinary authority shall be made the respondent.

(2)For the purposes of this Schedule " the disciplinary authority " means in respect of a police force mentioned in column 1 of the following Table the person or authority mentioned in relation to that force in column 2 of that Table:—

Inquiries

3(1)The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without taking evidence, appoint one or more persons (one at least of whom shall be a person engaged or experienced in police administration) to hold an inquiry and report to him.

(2)Subsections (2) and (3) of section 290 of the Local Government Act 1933 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

(3)The Secretary of State shall, before making an order under the principal section, 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.

(4)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 disciplinary authority.

Notice and effect of orders

4(1)A copy of any order made by the Secretary of State under the principal section shall as soon as it is made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person holding 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 was 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.

Rules

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 contents 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 ;

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

(2)The rules shall provide for giving to the appellant the right to appear at an inquiry by a serving member of a police force or by counsel or a solicitor, and for giving to the respondent 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.

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

Sections 40 and 43.

SCHEDULE 6Modifications of Police Pensions Act 1948

1Any reference (however expressed) to membership of a police force, or to service or employment in a police force, shall be construed as including a reference to service as an inspector or assistant inspector of constabulary and to central service.

2Any reference to the police authority, in relation to service as such an inspector or assistant inspector or to central service, shall be construed as a reference to the Secretary of State.

3Any reference to a person such as is mentioned in section 1(1) of the Police (Overseas Service) Act 1945 shall be construed as including a reference to an inspector or assistant inspector of constabulary and to a person engaged on central service.

Section 59.

SCHEDULE 7Amendments of Police (Scotland) Act 1956

1In section 1, subsections (2), (3), (4) and (7) shall be omitted.

2In section 4—

• in subsection (1)(b), at the end there shall be inserted the words " and, in this respect, to take every precaution to ensure that persons charged with offences are not unreasonably and unnecessarily detained in custody ";

• for subsection (2) there shall be substituted the following subsection—

  “(2)The performance by a constable of a duty under any other enactment or under any rule of law shall be subject to the direction of the appropriate chief constable.”;

• for subsection (4) there shall be substituted the following subsection—

  “(4)Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland.”;

• in subsection (6), after the words " police forces" there shall be inserted the words " or to collaboration agreements " ;

• after subsection (6), there shall be inserted the following subsection—

  “(7)This section shall be without prejudice to the next following section, and to any other enactment conferring powers on a constable for particular purposes”.

3In section 6—

• in subsection (1), for the word " with " there shall be substituted the words " after consultation with and subject to ";

• in subsection (3), for the words " next following subsection " there shall be substituted the words " three next following subsections "; after paragraph (c), there shall be inserted the following paragraph— “or

  (d)may, without prejudice to those regulations, be required to retire by the police authority acting with the approval of the Secretary of State where they consider that his retirement is in the interests of efficiency”;

• and after that subsection there shall be inserted the following subsections—

  “(3A)Before seeking the approval of the Secretary of State under the last foregoing subsection the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made.

  (3B)A chief constable who is required to retire as aforesaid shall retire on such date as may be specified in the requirement or on such earlier date as may be agreed upon between him and the police authority”;

• in subsection (4) for the words " the last preceding subsection" there shall be substituted the words " subsection (3) of this section ".

4After section 6, there shall be inserted the following section:—

“6APower of Secretary of State to require retirement of chief constables &c.

(1)The Secretary of State may require a police authority to exercise their power under the last foregoing section to call on a chief constable to retire, in the interests of efficiency, and the police authority shall comply with any such requirement.

(2)Before requiring the exercise of that power or approving the exercise of that or the similar power with respect to the deputy or an 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 police authority to exercise 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)Where the Secretary of State is satisfied that the whole or any part of the expenses of a chief constable or deputy or assistant chief constable in respect of an inquiry under this section were not reasonably incurred, he may direct the constable to pay those expenses or that part of those expenses, as the case may be, or such proportion of the whole or of that part as he may think fit, but, subject to any such direction, those expenses shall be paid by the police authority.”

5In section 7—

• in subsection (1), for the words from " a person " to the end of the subsection there shall be substituted the words " appointments and promotions to any rank below that of assistant chief constable in any police force shall be made by the chief constable. "; and after that subsection there shall be inserted the following subsection :—

  “(1A)Appointments or promotions to the rank of assistant chief constable shall be made in accordance with the aforesaid regulations by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.”;

• for subsection (2) there shall be substituted the following subsection :—

  “(2)Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a constable of a police force (other than the chief constable) as they apply to the chief constable, with the substitution for any reference to the police authority of a reference to the person who is, in relation to the constable, the appropriate disciplinary authority as defined by subsection (5) of section 11 of this Act;

  Provided that paragraph (d) of the said subsection (3) and the said subsections (3A) and (3B) shall not apply to a constable below the rank of assistant chief constable unless he holds the appointment of deputy chief constable.”

6In section 10—

• for subsections (1) and (2), there shall be substituted the following subsections:—

  “(1)In every police force there shall be a deputy chief constable.

  (2)Appointments to the office of deputy chief constable shall be made by the police authority, after consultation with the chief constable and subject to the approval of the Secretary of State and in accordance with regulations under section 11 of this Act.”;

• subsection (3) shall be omitted ;

• in subsection (4), for the words after " constable, and" there shall be substituted the following words—

  “(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.”;

• after subsection (5), there shall be added the following subsections:—

  “(6)The provisions of subsection (4) 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.

  (7)Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a deputy chief constable as they apply to a chief constable.”

7After section 10, there shall be inserted the following section:—

“10APolice cadets.

(1)The chief constable of any police force may, in accordance with regulations under section 11A of this Act and subject to the approval of the police authority and of the Secretary of State 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 constable.

(3)Subject to subsection (2) above, the police authority shall be treated for the purposes of any legal proceedings, and for the purposes of any enactment relating to the functions of employers, as the employer of any police cadets appointed to undergo training with the police force maintained by that authority.”

8In section 11—

• for subsection (2) there shall be substituted the following subsection :—

  “(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 and promotion of members of police forces ;

  (b)periods of service on probation;

  (c)voluntary retirement of members of police forces ;

  (d)the retirement of special or temporary constables ;

  (e)the maintenance of discipline in police forces;

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

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

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

  (i)the treatment as occasions of police duty of attendance at meetings of the Police Federations and any body recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964;

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

  (k)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 regular constables ; and

  (l)the issue, use and return of police clothing, personal equipment and accoutrements.”;

  and at the end of that subsection there shall be inserted the following subsection—

  “(2A)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.”

• in subsection (6), for the words from the beginning to the words " that Act" there shall be substituted the words

  “Before making regulations under this section, other than regulations to which section 45(4) of the Police Act 1964 applies, the Secretary of State shall submit a draft either—

  (a)to the Police Advisory Board for Scotland established by section 46 of the said Act of 1964”;

  and for the word " council" there shall be substituted the word " Board ".

9After section 11, there shall be inserted the following sections:—

“11ARegulations for police cadets.

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

(2)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.

(3)Subsection (6) of section 11 of this Act shall apply to regulations under this section.

11BRegulations as to standard of equipment.

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.

11CDisciplinary appeals.

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

(2)On an appeal under this section the Secretary of State may—

(a)allow the appeal;

(b)dismiss the appeal; or

(c)vary the punishment by substituting some other punishment (whether more or less severe) which could have been imposed on the appellant.

(3)The Secretary of State may direct the appellant to pay the whole or any part of his own expenses, but, subject to any such direction, all the expenses of an appeal under this section, including the expenses of the parties, shall be paid by the police authority.

(4)Schedule 1A to this Act shall have effect in relation to any appeal under this section.”

10In section 12, in paragraph (b) of subsection (2), after the words " police forces" there shall be inserted the words " or to collaboration agreements ", and in paragraph (c) the words " other than a constable " shall be omitted.

11In section 16 for subsection (2) there shall be substituted the following subsection:—

“(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 constable of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.”

12After section 16 there shall be inserted the following section:—

“16ACollaboration agreements.

(1)If it appears to the chief constables 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 subsection (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 agreement for that purpose as may be specified in the directions.”

13In section 23, for subsection (1) there shall be substituted the following subsection:—

“(1)Where, immediately before the date when an amalgamation scheme comes into operation, either—

(a)section 29B(1)(a) of this Act, or

(b)section 2 of the Police (Overseas Service) Act 1945,

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 said date 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.”

14After section 23, there shall be inserted the following—

“Remedies and Complaints against police

23ALiability for wrongful acts of constables.

(1)The chief constable of a police force shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his general direction in the performance or purported performance of his functions in like manner as a master is so liable in respect of a wrongful act or omission on the part of his servant in the course of the servant's employment.

(2)The police authority shall pay—

(a)any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses 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 constable of a police force 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 constable 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 constable; and references in the foregoing provisions of this section to the chief constable shall be construed accordingly.

(4)The police authority may, in such cases and to such extent as they think fit, pay any damages or expenses awarded against a constable of a police force maintained by them or any constable for the time being required to serve with that force by virtue of section 16 of this Act, in proceedings arising from any wrongful act or omission on the part of that constable, any expenses 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.

(5)The provisions of this section shall come into force on such date as the Secretary of State may by order appoint, and the order may be made with restrospective effect to any date specified in the order not being earlier than the date of the passing of the Police Act 1964.

23BInformation as to manner of dealing with complaints.

Every police authority and inspectors of constabulary shall keep themselves informed as to the manner in which complaints made by members of the public against members of a police force are dealt with by the chief constable.”

15In section 29, for subsection (6) there shall be substituted the following subsection—

“(6)The Secretary of State may, after consulting such bodies or associations as appear to him to be representative of police authorities, by order, apply the last preceding subsection to other expenses specified in the order incurred by him for the purposes of police forces generally.”

16After section 29, there shall be inserted the following sections:—

“29AResearch.

The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency of the police.

29BCentral service on police duties.

(1)Subject to the provisions of this section, where a member of a police force is, whether before or after the commencement of the Police Act 1964, engaged, with the consent of the appropriate authority, for a period of central service he shall be treated as if he were not a member of that force during that period or so much of it as falls after the commencement of that Act; but, except where a pension, allowance or gratuity becomes payable to him out of moneys provided by Parliament by virtue of regulations made under the Police Pensions Act 1948—

(a)he shall be entitled at the end of his period of central service to revert to his police force in the rank in which he was serving immediately before he was engaged as aforesaid ; and

(b)he shall be treated for the purposes of any scale prescribed by or under the police regulations fixing his rate of pay by reference to his length of service, as if he had been serving in that force during that period.

(2)Notwithstanding anything in subsection (1) above, a person engaged on central service may be promoted in his police force as if he were serving in that force ; and in any such case the reference in paragraph (a) of that subsection to the rank in which he was serving immediately before he engaged shall be construed as a reference to the rank to which he is promoted, and for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(3)Notwithstanding anything in subsection (1) above, a member of a police force may be dealt with under the police regulations relating to discipline for anything done or omitted while engaged on central service as if that service were service in his police force, and section lie of this Act shall apply accordingly.

(4)The Police Pensions Act 1948 shall apply to any member of a police force engaged on central service and accordingly shall have effect, in relation to any such member, as modified by Schedule 6 to the Police Act 1964.

(5)In this section—

• ' central service ' means temporary service under the Crown in connection with the provision by the Secretary of State of common police services, research or other services connected with the police, and service as a staff officer to the inspectors of constabulary ;

• ' appropriate authority ' in relation to a member of a police force means the chief constable acting with the consent of the police authority, except that in relation to the chief constable it means the police authority ; and ' police regulations ' means regulations made under section 11 of this Act.”

17After section 30, there shall be inserted the following section:—

“30ALocal inquiries.

(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)Subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 (provisions as to local inquiries) 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.”

18After section 33, there shall be inserted the following sections:—

“33AAssistant inspectors and staff officers.

(1)The Secretary of State may appoint assistant inspectors of constabulary, and may appoint members of police forces to be staff officers to the inspectors of constabulary.

(2)Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may, with the consent of the Treasury, determine.

33BPensions of inspectors and assistant inspectors.

The Police Pensions Act 1948 shall apply to any inspector or assistant inspector of constabulary appointed after the commencement of this section and accordingly shall have effect, in relation to any such person, as modified by Schedule 6 to the Police Act 1964.”

19In section 34 after subsection (2) there shall be inserted the following subsection:—

“(2A)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, after consultation with the police authority, 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.”

20In section 36(2) after the word " regulations ", there shall be inserted the word " rules ".

21After Schedule 1, there shall be inserted the following Schedule :—

Section 11C.

“SCHEDULE 1ADisciplinary Appeals

Notice of Appeal

1Any appeal under section 11c of this Act (in this Schedule referred to as ' the principal section') shall be instituted by giving a notice of appeal in the prescribed manner and within the prescribed time.

Respondent

2On any appeal under the principal section, the appropriate disciplinary authority for the police force shall be made the respondent.

Inquiries

3(1)The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without (taking evidence, request the sheriff to hold an inquiry and report to him.

(2)The sheriff, in holding an inquiry under this paragraph, may require any person 'to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law ; and if any person fails without reasonable excuse to comply with the provisions of any such requirement he shall be liable on summary conviction to a fine not exceeding five pounds.

(3)The sheriff, in the exercise of the functions conferred on him by this paragraph, shall have the like power as regards the administration of oaths as if he were acting in the exercise of his civil jurisdiction.

(4)The Secretary of State shall, before determining an appeal under the principal section, 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.

(5)The Secretary of State may, before determining an appeal under the principal section, remit the case for further investigation by the sheriff when an inquiry has been held, or in any case, if he trunks fit, for further consideration by the disciplinary authority.

(6)In this paragraph ' sheriff' does not include sheriff-substitute.

Notice and effect of determinations

4(1)A determination on an appeal made by the Secretary of State under the principal section shall, as soon as practicable, be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the sheriff holding the inquiry and the determination 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 determination 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 determination 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 determination, 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 reinstatement, and, if he was suspended for a period immediately preceding the date of the decision, the determination shall deal with the suspension.

Rules

5The 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, shall make rules—

(a)prescribing the form and contents 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 ;

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

Provided that the rules shall provide for giving to the appellant the right to be represented at an inquiry by a serving member of a police force or by counsel or a solicitor, and for giving to the respondent the right to be represented by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.”

Section 62.

SCHEDULE 8Meaning of Police Area, &c

Section 63.

SCHEDULE 9Minor and Consequential Amendments

Section 64.

SCHEDULE 10Enactments Repealed

PART IRepeals not extending to Scotland

PART IIRepeals extending to Scotland

Section 64.

SCHEDULE 11Transitional Provisions

Police authorities

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 Road 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.

Superannuation

3Paragraph 5 of Schedule 4 to this Act shall apply in relation to—

(a)any officer or servant who is transferred by virtue of paragraph 1(a) of this Schedule, and

(b)any police cadet in respect of whom superannuation functions are transferred by virtue of section 17(3) of this Act,

as it applies in relation to the persons mentioned in sub-paragraph (1) of that paragraph, and as if references in that paragraph to the date of transfer were references to the date on which those officers or servants, or those functions, are so transferred, as the case may be.

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 schemes

5Any amalgamation scheme approved or made under the Police 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.

Consolidation agreements

7Any consolidation agreement made under section 14 of the County Police Act 1840 (consolidation of borough police forces with county police forces) which is in force at the commencement of this Act by virtue of section 12 of the Police Act 1946 shall continue in force unless and until it ceases to have effect or is determined under the following paragraphs of this Schedule or under the Local Government Act 1958.

8An amalgamation scheme may be made under Part I of this Act for the amalgamation for police purposes of the areas of a county borough and a county, notwithstanding that those areas are subject to a consolidation agreement, as if they were separate police areas ; and any such scheme may determine the consolidation agreement as from such date as may be specified in the scheme, and may make provision for any purpose for which provision may be made by a scheme revoking an amalgamation scheme.

9In relation to any amalgamation scheme made under the said Part I in respect of a police area which, by virtue of a consolidation agreement, includes the area of a county borough (including any such scheme as is authorised by paragraph 8 above), any reference in the said Part I to a constituent council shall be construed as including a reference to the council of the borough.

10A consolidation agreement may, with the approval of the Secretary of State, be determined by agreement between the police authority for the county and the council of the county borough to which it applies ; and any agreement made for that purpose may make provision for any purpose for which provision may be made by a scheme revoking an amalgamation scheme under Part I of this Act and the provisions of Schedule 4 to this Act shall apply, subject to any necessary modifications, in relation to any such agreement as they apply in relation to any such scheme.

Street collections and house to house collections

11Where, immediately before the commencement of this Act, the functions of a police authority under section 5 of the Police. Factories, &c. (Miscellaneous Provisions) Act 1916 or under the House to House Collections Act 1939 were vested in the watch committee of a borough by virtue of paragraph 4 of Schedule 3 to the Police Act 1946, those functions shall be transferred to the council of that borough and shall, unless and until the Secretary of State otherwise directs, be exercised by the council in consultation with the police authority for the police area in which the borough is situated.

12Where, immediately before the commencement of this Act, the watch committee of a county borough was exercising any such functions as aforesaid under a consolidation agreement, those functions shall be transferred to the council of the county borough.

13(1)Any amalgamation scheme approved or made under the Police Act 1946 which contains provisions authorising or requiring any such functions as aforesaid to be delegated to the watch committee of a borough, to the standing joint committee of the quarter sessions for a county and a county council, or to the joint police committee for the Isles of Scilly, shall have effect as if it authorised or required those functions to be delegated to the council of the borough, the council of the county, or the Council of the Isles of Scilly, as the case may be.

(2)Any functions which are delegated to a council by virtue of this paragraph may be delegated by that council to a committee of the council.