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Police Act 1964
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Changes over time for: Section 48
Version Superseded: 22/08/1996
Alternative versions:
- 01/02/1991- Amendment
- 03/02/1995- Amendment
- 03/02/1995
Point in time - Stop date 22/08/1996- Amendment
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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 [F1or section 141 of the Criminal Justice and Public Order Act 1994], 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.
Textual Amendments
F1Words in s.48(4) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10, para. 13; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B
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