Part IIS Central Administration and Supervision and Common Services
Functions of the Secretary of StateS
26 Regulations as to government and administration of police forces. S
(1)Subject to the provisions of subsections (8) and (9) of this section, the Secretary of State shall make regulations as to the government and administration of [F1, and the conditions of service in,] police forces.
[F2(1A)Regulations under this section may authorise the Secretary of State, the police authority or the chief constable to make provision for any purpose specified in the regulations.]
(2)Without prejudice to the generality of subsection (1) of this section, 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 constables;
(b)periods of service on probation;
(c)voluntary retirement of constables;
(d)the retirement of special or temporary constables;
(e)the maintenance of discipline in police forces;
(f)the suspension of constables of a police force from duty;
(g)the maintenance of personal records of constables;
(h)the duties which are or are not to be performed by constables;
(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 M1Police Act 1964 (membership of trade unions);
(j)the hours of duty, leave, pay and allowances of constables;
(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;
(l)the issue, use and return of police clothing, personal equipment and accoutrements.
[F3F3(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—
(a)establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and
(b)make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained.
F3(2B)In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above—
(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or
(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.
F3(2C)Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced.]
(3)Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, not being earlier than 8th September 1955, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
(4)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.
(5)Regulations under this section shall provide for the making of such arrangements as to the hours of duty of constables as shall secure that every constable (not being above such rank as may be specified in the regulations) shall be allowed at least fifty-two days in a year on which he is not required to perform police duty, save on occasions of emergency, such days being distributed throughout the year with the object of securing, so far as practicable, to every such constable one day’s rest in every seven.
[F4(5A)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.]
(6)Subject to the provisions of this section, regulations under this section may make different provision for different classes of constable and for constables of different rank.
(7)For the purposes of this section and any regulations made thereunder the appropriate disciplinary authority in respect of any police force shall be—
(a)in relation to the chief constable, [F5any] deputy chief constable and any assistant chief constable, the police authority;
(b)in relation to any other constable, the chief constable:
Provided that, in relation to any such other constable in whose case the chief constable is interested otherwise than as chief constable or is a material witness, the appropriate disciplinary authority shall, if either the constable or the chief constable so elect, be the chief constable of such other police force as may be determined by or under the regulations.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(9)Before making regulations under this section [F7other than regulations with respect to any of the matters mentioned in section 1(1) of the M2Police Negotiating Board Act 1980], the Secretary of State shall submit a draft either—
(a)to the Police Advisory Board for Scotland, or
(b)to the Joint Central Committee and to such bodies or associations as appear to him to be representative of police authorities, chief constables and superintendents (including chief superintendents) respectively,
and shall consider any representations made as to the draft by that Board or, as the case may be, by the Joint Central Committee or any of those bodies or associations.
[F8Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1Words in s. 26(1) inserted (1.1.1995) by 1994 c. 29, s. 53(1)(a); S.I. 1994/3075, art. 2, Sch.
F3S. 26(2A)-(2C) inserted (8.8.1994 as regards para. (2B) and 1.1.1995 for specified purposes and otherwsiseprosp.) by 1994 c. 29, ss. 52(3), 94(1); S.I. 1994/2025, art. 3(2)(d); S.I. 1994/3075, art. 2, Sch.
F4S. 26(5A) inserted (1.1.1995) by 1994 c. 29, s. 53(1)(b); S.I. 1994/3075, art. 2, Sch.
F5Word inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 32
F6S. 26(8) repealed by Police Act 1969 (c. 63), s. 4(8)
F7Words substituted by virtue of Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(4)
F8S. 26(10) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 111(b)
Modifications etc. (not altering text)
C1S. 26 amended by Sex Discrimination Act 1975 (c. 65), s. 17(2)(8)
C2S. 26 amended by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(b)(2)
Marginal Citations
Valid from 01/04/1996
[26AF9Power to give directions to police authority after adverse report.S
(1)The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 33(3) of this Act of any police force maintained under section 1 of this Act.
(2)Where a report made to the Secretary of State on an inspection carried out for the purposes of this section states—
(a)that, in the opinion of the person making the report, the force inspected is not efficient; or
(b)that in his opinion, unless remedial measures are taken, the force will cease to be efficient,
the Secretary of State may direct the police authority or [F10joint police board]] for the area for which the force is maintained to take such measures as may be specified in the direction.
Textual Amendments
F9Ss. 26(A)-(C) inserted (1.4.1996) by 1994 c. 29, s. 54; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)
F10Words in s. 26A(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(10); S.I. 1996/323, art. 4(1)(b)(c)
Valid from 01/04/1996
[F1126B Police efficiency: allocation of funds.S
Without prejudice to the generality of subsection (2) of section 26A of this Act, the Secretary of State may under that subsection direct a police authority or [F12joint police board] to allocate from their income, to the purpose of ensuring that a police force is efficient, such amounts as he shall specify.]
Textual Amendments
F11Ss. 26(A)-(C) inserted (1.4.1996) by 1994 c. 29, s. 54; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)
F12Words in s. 26B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(11); S.I. 1996/323, art. 4(1)(b)(c)
Valid from 01/04/1996
[F1326C Duty of compliance.S
It shall be the duty of a police authority or [F14joint police board] to comply with any direction given to them under section 26A or 26B of this Act.]
Textual Amendments
F13Ss. 26(A)-(C) inserted (1.4.1996) by 1994 c. 29, s. 54; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)
F14Words in s. 26C substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(12); S.I. 1996/323, art. 4(1)(b)(c)
27 Regulations for police cadets. S
(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)Subsections . . . F15[F16(1A),(9) and (10)] of section 26 of this Act shall apply in relation to the making of regulations under this section as they apply in relation to the making of regulations under that section.
Textual Amendments
F15Words repealed by Police Act 1969 (c. 63), s. 4(8)
F16Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 111(2)
Modifications etc. (not altering text)
C3S. 27 amended by Superannuation (Miscellaneous Provisions) Act 1967 (c. 28), s. 13 and Sex Discrimination Act 1975 (c. 65), s. 17(2)(8)
C4S. 27 amended by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(b)(2)(3)
C5S. 27 restricted (22.8.1996) by 1996 c. 16, ss. 62(1)(b)(3), 104(1)
28 Regulations as to standard of equipment.S
The Secretary of State may make regulations requiring equipment provided or used for the purposes of a police force to satisfy such requirements as to design and performance as may be prescribed in the regulations.
29 Local inquiries.S
(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)[F17Subsections (3) to (8) of section 210 of the M3Local Government (Scotland) Act 1973] (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.
Textual Amendments
F17Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 146(6)
Marginal Citations
[30F18Appeals against dismissal etc.S
(1)A constable who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (2A) of section 26 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to such a tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
(2)Where a police appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way—
(a)which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and
(b)in which he could have been dealt with by the person who made that decision.
(3)The Secretary of State may make rules as to the procedure on appeals under this section to a police appeals tribunal.
(4)Rules made under this section may make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents and may, in particular, apply subsections (4) and (5) of section 210 of the M4Local Government (Scotland) Act 1973 with such modifications as may be set out in the rules.
(5)Schedule 3 to this Act shall have effect in relation to appeals under this section.
(6)Rules made under this section may make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient in consequence of the coming into operation of an amalgamation scheme, amending scheme or revoking scheme while an appeal under this section is pending; and without prejudice to the generality of this subsection, such provision may in particular include modifications to Schedule 3 to this Act in that Schedule’s application to any case affected by the making of such a scheme.]
Textual Amendments
F18S. 30 substituted (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1994 c. 29, s. 55(1); S.I. 1994/3075, art. 2, Sch.; S.I. 1996/1646, art. 2, Sch.
Marginal Citations
31 Powers of Secretary of State in relation to compulsory retirement of chief constable, etc.S
(1)The Secretary of State may require a police authority to exercise their power under section 4(4)(d) of this Act 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 [F19a 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 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 a constable or an officer 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 was 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.
Textual Amendments
F19Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 33
32 Police grant. S
(1)There shall be paid out of moneys provided by Parliament towards the expenses of police authorities and joint police committees for the purposes of this Act, other than those expenses to which section 19(6) [F20, section 32A] or section 36(4) of this Act applies or may for the time being apply, such sums, at such times, in such manner and subject to such conditions as the Secretary of State may, with the approval of the Treasury, by order determine.
(2)The Secretary of State may deduct from any sum payable by him under subsection (1) of this section to any police authority or joint police committee any sum due by that authority or committee to him by virtue of section 36(4) of this Act or by virtue of that subsection as applied by any order under section 36(5) of this Act.
(3)Any statutory instrument embodying an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F20Words in s. 32(1) inserted (1.1.1995) by 1994 c. 29, s. 63(6); S.I. 1994/3075, art. 2, Sch.
Modifications etc. (not altering text)
C6 S. 32 amended by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 77(2)
C7 S. 32 extended by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 85(2)
[32AF21Grants for expenditure on safeguarding national security.S
(1)The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) by a police authority or joint police committee in connection with safeguarding national security.
(2)Grants under this section may be made either unconditionally or subject to conditions.
(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.]
Textual Amendments
F21S. 32A inserted (1.1.1995) by 1994 c. 29, s. 56; S.I. 1994/3075, art. 2, Sch.
Inspectors of constabularyS
33 Inspectors of constabulary.S
(1)Her Majesty may appoint for the purposes after-mentioned such number of inspectors (hereafter in this Act referred to as “inspectors of constabulary”) as the Secretary of State with the consent of the Treasury may determine, and of the persons so appointed one may be appointed as chief inespector of constabulary.
(2)The inspectors of constabulary shall hold office during Her Majesty’s pleasure and shall be paid out of moneys provided by Parliament such salaries and allowances as the Treasury may determine.
[F22(3)It shall be the duty of the inspectors of constabulary, on being directed to do so by the Secretary of State, to visit and inquire into any matter concerning or relating to the operation of a police force or of police forces generally; and, without prejudice to the generality of this subsection, such matters may include the state and efficiency of, and of the buildings and equipment used by, the force or forces.]
(4)Such of the inspectors of constabulary as may be directed in that behalf by the Secretary of State shall annually, at such times as may be so directed, submit to the Secretary of State a written report on the state and efficiency of the police forces generally, and the Secretary of State shall cause a copy of every such annual report to be laid before each House of Parliament.
Textual Amendments
F22S. 33(3) substituted (1.1.1995) by 1994 c. 29, s. 57; S.I. 1994/3075, art. 2, Sch.
34 Assistant inspectors and staff officers.S
[F23(1)The Secretary of State may appoint assistant inspectors of constabulary.
(1A)Constables may be appointed under subsection (1) above or to be staff officers to 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.
Textual Amendments
F23S. 34(1)(1A) substituted for s. 34(1) (1.1.1995) by 1994 c. 29, s. 58; S.I. 1994/3075, art. 2, Sch.
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24S
Textual Amendments
F24Ss. 35, 38(4) repealed by Police Pensions Act 1976 (c. 35), Sch. 3
Common servicesS
[36F25Common services.S
(1)After consulting the Joint Central Committee and such bodies or associations as appear to the Secretary of State to be representative of police authorities or of chief constables or superintendents (such consultation being in the following provisions of this section referred to as “relevant consultation”), he may, either directly or indirectly, provide and maintain such facilities and services, or establish and maintain such institutions and organisations, as he considers necessary or expedient for promoting the efficiency of the police.
(2)The Secretary of State may, after relevant consultation, by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) above) if he considers that it would be in the interests of the efficiency of the police for them to do so.
(3)The Secretary of State may, after relevant consultation, by order determine the charges to be payable for facilities and services provided under or by virtue of subsection (1) above, make provision as regards their payment and make provision for the recovery, other than by such charges, of expenses incurred by him in providing the facilities and services.
(4)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Any expenses falling on a police authority or joint police committee by virtue of subsection (3) above shall be defrayed in like manner as other expenses incurred for the purposes of this Act by the authority or committee.
(6)The Secretary of State may, after relevant consultation, in any order under subsection (3) above apply that order, or any provision of that order, to other expenses specified in the order, being expenses incurred by him for the purposes of police forces generally.]
Textual Amendments
F25S. 36 substituted (1.1.1995) by 1994 c. 29, s. 59; S.I. 1994/3075, art. 2, Sch.
37 Research.S
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.
38 Central service on police duties.S
F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F27(3A)Notwithstanding anything in subsection (1) above, a person engaged on central service shall continue to be a constable and shall be treated for the purposes of sections 17 and 43 of this Act as if he were a constable of his police force.]
[F27(3B)The Secretary of State shall be liable in reparation in respect of any wrongful act or omission on the part of any constable engaged on central service in the performance or purported performance of his functions in like manner as a master is liable in respect of a wrongful act or omission on the part of his servant in the course of the servant’s employment.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(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 [F29temporary service under section 34 of this Act];
“appropriate authority” means—
(a)in relation to the chief constable of a police force, the police authority;
(b)in relation to any other constable, the chief constable acting with the consent of the police authority;
F30. . ..
Textual Amendments
F26S. 38(1)-(3) repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.
F27S. 38(3A)(3B) inserted (retrosp.) after section 38(3) by Police Officers (Central Service) Act 1989 (c. 11, SIF 95), s. 2(1)(2)
F28Ss. 35, 38(4) repealed by Police Pensions Act 1976 (c. 35), Sch. 3
F29Words in the definition of “central service” in s. 38(5) substituted (1.1.1995) by 1994 c. 29, s. 63(7)(b); S.I. 1994/3075, art. 2, Sch.
F30Definition of “police regulations” in s. 38(5) repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.
Valid from 01/04/1995
[F3138A Constables engaged on service outside their force.S
(1)For the purposes of this section “relevant service” means—
(a)temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,
(b)central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,
(c)service the expenses of which are payable under section 1(1) of the M5Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,
(d)service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or
(e)service pursuant to an appointment under section 10 of the M6Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.
(2)In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.
(3)Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M7Police Pensions Act 1976—
(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and
(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.
(4)In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M8Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M9Police (Overseas Service) Act 1945.
(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—
(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and
(b)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.
(6)A constable who—
(a)has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,
(b)while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M10Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or
(c)while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,
may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.
(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—
(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or
(b)in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.]
Textual Amendments
F31S. 38A inserted (1.4.1995) by 1994 c. 29, ss. 60, 94(3)(c); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
Marginal Citations