Police Act 1964

Part I E+W Organisation of Police Forces

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Part II E+W Central Supervision, Direction and Facilities

Functions of Secretary of State E+W

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[F46 F46 28A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F56 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 31A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58 31B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F65 37 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.]

Textual Amendments

F65 S. 37 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 103(1)

Part III E+W+S Police Representative Institutions

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Part IV E+W+S Miscellaneous and General

Remedies and complaints against police E+W

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Offences E+W

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Miscellaneous E+W

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Supplemental E+W+S

60 Orders, rules and regulations. E+W

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

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

61 Expenses. E+W

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

62 Meaning of “police area” &c. E+W

Except where the context otherwise requires, in this Act . . . F98

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

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

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

Textual Amendments

F98 Words repealed by Interpretation Act 1978 (c. 30), Sch. 3

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99

(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 [F100 (including any provision of the M31 Police (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.

Textual Amendments

F99 S. 64(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F100 Words inserted by Police (Scotland) Act 1967 (c. 77), Sch. 4

Marginal Citations

M31 1967 c. 77.

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 M32 London Government Act 1963.

(5) The following provisions of this Act extend to Scotland, namely, Part III; . . . F101 ; 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.

Textual Amendments

F101 Words repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

Modifications etc. (not altering text)

C14 Power of appointment conferred by s. 65(2) fully exercised

C15 power of appointment conferred by s. 65(2) fully exercised: S.I. 1964/873 and 1964/874

Marginal Citations

M32 1963 c. 33.