Police Act 1996

1. Introductory Text

2. Part I Organisation of Police Forces

   1. Police areas

      1. 1. Police areas.

   2. Forces outside London

      1. 2. Maintenance of police forces.

      2. 3. Establishment of police authorities.

      3. 4. Membership of police authorities etc.

      4. 5. Reductions in size of police authorities.

   3. The metropolitan police force

      1. 5A. Maintenance of the metropolitan police force.

      2. 5B. Establishment of the Metropolitan Police Authority.

      3. 5C. Membership etc of the Metropolitan Police Authority.

   4. The metropolitan police and forces outside London

      1. 6. General functions of police authorities.

      2. 6ZA. Power to confer particular functions on police authorities

      3. 6ZB. Plans by police authorities

      4. 6ZC. Reports by police authorities

      5. 6A. Three-year strategy plans

      6. 7. Local policing objectives.

      7. 8. Local policing plans.

      8. 8A. Local policing summaries

      9. 9. Annual reports by police authorities.

      10. 9A. General functions of the Commissioner of Police of the Metropolis.

      11. 9B. Appointment of Commissioner of Police of the Metropolis.

      12. 9C. Functions of Deputy Commissioner of Police of the Metropolis.

      13. 9D. Appointment of Deputy Commissioner of Police of the Metropolis.

      14. 9E. Removal of Commissioner or Deputy Commissioner.

      15. 9F. Assistant Commissioners of Police of the Metropolis.

      16. 9FA. Appointment and removal of Deputy Assistant Commissioners

      17. 9G. Commanders.

   5. Police ranks

      1. 9H. Other members of the metropolitan police force.

      2. 10. General functions of chief constables.

      3. 11. Appointment and removal of chief constables.

      4. 11A. Appointment and removal of deputy chief constables

      5. 12. Assistant chief constables.

      6. 12A. Power of deputy to exercise functions of chief constable

      7. 13. Other members of police forces.

      8. 14. Police fund.

      9. 15. Civilian employees.

      10. 16. Appointment of chief executive.

      11. 17. Appointment of persons not employed by police authorities.

      12. 18. Supply of goods and services.

      13. 19. Approval of decisions about precepts.

      14. 20. Questions on police matters at council meetings.

      15. 20A. Questions on metropolitan police matters at London Assembly meetings.

      16. 21. Application of certain provisions to police authorities.

   6. General provisions

      1. 22. Reports by chief constables to police authorities.

   7. General provisions

      1. 22A. Collaboration agreements

      2. 22B. Duty of chief officers to keep collaboration agreements under review

      3. 22C. Duty of policing bodies to keep collaboration agreements under review

      4. 23. Collaboration agreements involving police forces

      5. 23A. Collaboration agreements involving policing bodie

      6. 23AA. Force collaboration provision about civilian employees

      7. 23B. Collaboration agreements: payments

      8. 23C. Collaboration agreements: consultation and supplemental

      9. 23D. Collaboration agreements: accountability

      10. 23E. Collaboration agreements: publication

      11. 23F. Collaboration agreements: guidance

      12. 23FA. Police functions that must be the subject of force collaboration provision

      13. 23G. Collaboration agreements: directions

      14. 23H. Collaboration agreements: termination by Secretary of State

      15. 23HA. Decisions about efficiency or effectiveness

      16. 23I. Collaboration agreements: definitions

      17. 24. Aid of one police force by another.

      18. 25. Provision of special services.

      19. 26. Provision of advice and assistance to international organisations etc.

      20. 27. Special constables.

      21. 28. Police cadets.

      22. 29. Attestation of constables.

      23. 30. Jurisdiction of constables.

      24. 31. Rewards for diligence

   8. Alteration of police areas

      1. 32. Power to alter police areas by order.

      2. 33. Objections to alterations proposed by Secretary of State.

      3. 34. Orders altering police areas: supplementary provisions.

   9. Supplemental

      1. 35. The Scilly Isles.

3. Part II Central Supervision, Direction and Facilities

   1. Functions of Secretary of State

      1. 36. General duty of Secretary of State.

      2. 36A. National Policing Plan

      3. 37. Setting of objectives for police authorities.

      4. 37A. The strategic policing requirement

      5. 38. Setting of performance targets.

      6. 39. Codes of practice.

      7. 39A. Codes of practice for chief officers

      8. 40. Power to give directions in relation to police force

      9. 40A. Power to give directions in relation to local policing body

      10. 40B. Procedure for directions under section 40 or 40A

      11. 41. Directions as to minimum budget.

      12. 41A. Power to give directions as to action plans

      13. 41B. Procedure for directions under section 41A

      14. 42. Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner

      15. 42A. Procedure in relation to removal of senior officers

      16. 43. Reports from police authorities.

      17. 44. Provision of information by chief officers of police

      18. 45. Criminal statistics.

      19. 46. Police grant.

      20. 47. Grants for capital expenditure.

      21. 48. Grants for expenditure on safeguarding national security.

      22. 49. Local inquiries.

      23. 50. Regulations for police forces.

      24. 51. Regulations for special constables.

      25. 52. Regulations for police cadets.

      26. 53. Regulations as to standard and provision of equipment.

      27. 53A. Regulation of procedures and practices

   2. Inspectors of constabulary

      1. 54. Appointment and functions of inspectors of constabulary.

      2. 55. Publication of reports.

      3. 56. Assistant inspectors and staff officers.

   3. Central services

      1. 57. Common services.

      2. 58. Research.

4. Part III Police Representative Institutions

   1. 59. Police Federations.

   2. 60. Regulations for Police Federations.

   3. 60A. Sections 59 and 60: special provision for the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency

   4. 61. The Police Negotiating Board for the United Kingdom.

   5. 62. Functions of the Board with respect to regulations.

   6. 63. Police Advisory Boards for England and Wales and for Scotland.

   7. 64. Membership of trade unions.

5. Part IV Complaints, disciplinary proceedings etc.

   1. Chapter I Complaints

      1. Interpretation

         1. 65. Interpretation of Chapter I.

      2. The Police Complaints Authority

         1. 66. The Police Complaints Authority.

      3. Handling of Complaints etc.

         1. 67. Preliminary.

         2. 68. Investigation of complaints: senior officers.

         3. 69. Investigation of complaints: standard procedure.

         4. 70. References of complaints to Authority.

         5. 71. References of other matters to Authority.

         6. 72. Supervision of investigations by Authority.

         7. 73. Reports on investigations etc.

         8. 74. Steps to be taken after investigation: senior officers.

         9. 75. Steps to be taken after investigation: standard procedure.

         10. 76. Powers of Authority as to disciplinary proceedings.

         11. 77. Information as to the manner of dealing with complaints etc.

         12. 78. Constabularies maintained by authorities other than police authorities.

         13. 79. Reports.

         14. 80. Restriction on disclosure of information.

         15. 81. Regulations.

         16. 82. Regulations – supplementary.

         17. 83. Guidance concerning complaints etc.

   2. Chapter II Disciplinary and other proceedings

      1. 84. Representation etc. at disciplinary and other proceedings

      2. 85. Appeals against dismissal etc.

      3. 86. Admissibility of statements in subsequent proceedings.

      4. 87. Guidance concerning disciplinary proceedings etc.

      5. 88. Liability for wrongful acts of constables.

6. Part V Miscellaneous and General

   1. Offences

      1. 89. Assaults on constables.

      2. 90. Impersonation, etc.

      3. 91. Causing disaffection.

   2. Miscellaneous financial provisions

      1. 92. Grants by local authorities.

      2. 93. Acceptance of gifts and loans.

      3. 94. Financing of new police authorities.

      4. 95. The City of London police Fund.

   3. Miscellaneous

      1. 96. Arrangements for obtaining the views of the community on policing.

      2. 96A. National and international functions of the metropolitan police force and other police forces.

      3. 96B. National and international functions: application of requirements relating to reports etc.

      4. 97. Police officers engaged on service outside their force.

      5. 97A. Power to amend section 97

      6. 98. Cross-border aid of one police force by another.

      7. 99. Jurisdiction of metropolitan police officers.

      8. 100. Chief constables affected by police area alterations or local government reorganisations.

   4. Supplemental

      1. 101. Interpretation.

      2. 102. Orders, rules and regulations.

      3. 103. Consequential amendments, transitional provisions, repeals, etc.

      4. 104. Commencement.

      5. 105. Extent.

      6. 106. Short title.

7. SCHEDULES

   1. SCHEDULE 1

      Police areas

      1. England (except London)

      2. Wales

   2. SCHEDULE 2

      Police authorities established under section 3

      1. Membership of police authorities

         1. 1. (1) The Secretary of State shall by regulations make provision...

      2. Appointment of councillor members

         1. 2. Regulations under paragraph 1 shall provide that—

      3. Appointment of other members

         1. 3. (1) Regulations under paragraph 1 shall provide that the members...

      4. Chairman and vice chairmen

         1. 4. (1) The Secretary of State shall by regulations provide that—...

      5. Standards committees

         1. 5. The Secretary of State may by regulations make provision as...

      6. Consultation

         1. 6. Before making regulations under this Schedule the Secretary of State...

      7. Supplementary

         1. 7. (1) Regulations under this Schedule may make different provision for...

      8. Interpretation

         1. 8. (1) For the purposes of this Schedule a council is...

         2. 9. In this Schedule “ lay justice ” has the meaning...

   3. SCHEDULE 2A

      The Metropolitan police authority

      1. Membership of Authority

         1. 1. (1) The Secretary of State shall by regulations make provision...

      2. Appointment of members from London Assembly etc

         1. 2. Regulations under paragraph 1 shall provide that the members falling...

      3. Appointment of other members

         1. 3. (1) Regulations under paragraph 1 shall provide that—

      4. Chairman and vice chairmen

         1. 4. (1) The Secretary of State shall by regulations provide that—...

      5. Standards committees

         1. 5. The Secretary of State may by regulations make provision as...

      6. Consultation

         1. 6. Before making any regulations under this Schedule, the Secretary of...

      7. Supplementary

         1. 7. (1) Regulations under this Schedule may make transitional, consequential, incidental...

      8. Interpretation

         1. 8. In this Schedule “ lay justice ” has the meaning...

   4. SCHEDULE 3

      Police authorities: selection of independent members

      1. Selection panels

         1. 1. (1) There shall be a selection panel

         2. 2. A person shall be disqualified for being appointed as or...

         3. 3. (1) A person shall be appointed to hold office as...

         4. 4. A member of a selection panel may be removed from...

         5. 5. A person who ceases to be a member of a...

         6. 6. (1) The acts and proceedings of any person appointed to...

         7. 7. (1) A police authority shall make to members of the...

      2. Functions of selection panel

         1. 8. (1) Where appointments to a police authority are to be...

         2. 9. A person shall not be nominated under paragraph 8 in...

         3. 10. In exercising their functions a selection panel shall have regard...

         4. 11. (1) The Secretary of State may make regulations as to—...

      3. Secretary of State’s short-list

         1. 12. (1) Where the Secretary of State receives a notice under...

         2. 13. (1) This paragraph has effect where the number of persons...

         3. 14. The Secretary of State shall give to the designated members...

   5. SCHEDULE 3A

      Police authorities: selection of lay justice members

      1. Lay justice selection panels

         1. 1. (1) There shall be a selection panel—

      2. Lay justice selection panels

         1. 2. A person shall be disqualified for being appointed as or...

      3. Lay justice selection panels

         1. 3. Paragraphs 3 to 7 of Schedule 3 apply in relation...

      4. Functions of lay justice selection panels

         1. 4. (1) Where appointments of lay justices to a police authority...

      5. Functions of lay justice selection panels

         1. 5. (1) The Secretary of State may make regulations as to—...

      6. Procedure if too few candidates short-listed

         1. 6. (1) This paragraph applies where the number of persons on...

   6. SCHEDULE 4

      Form of Declaration

   7. SCHEDULE 4A

      Further provision about Her Majesty's Inspectors of Constabulary

      1. Delegation of functions

         1. 1. (1) An inspector of constabulary may delegate any of his...

      2. Inspection programmes and inspection frameworks

         1. 2. (1) The chief inspector of constabulary shall from time to...

      3. Inspections by other inspectors of organisations within remit of inspectors of constabulary

         1. 3. (1) If— (a) a person or body within sub-paragraph (2)...

      4. Co-operation

         1. 4. The inspectors of constabulary shall co-operate with—

      5. Joint action

         1. 5. (1) The inspectors of constabulary may act jointly with another...

      6. Assistance for other public authorities

         1. 6. (1) The chief inspector of constabulary may if he thinks...

      7. Powers of inspectors regarding information etc

         1. 6A. (1) The chief officer of police of a police force...

      8. Powers of inspectors regarding access to police premises

         1. 6B. (1) Sub-paragraph (2) applies if— (a) an inspector requires the...

      9. Orders under this Schedule

         1. 7. A statutory instrument containing an order under this Schedule shall...

   8. SCHEDULE 5

      The Police Complaints Authority

      1. Constitution of Authority

         1. 1. The Police Complaints Authority

      2. Status of Authority

         1. 2. The Police Complaints Authority

      3. Members

         1. 3. The Police Complaints Authority

         2. 4. The Police Complaints Authority

         3. 5. The Police Complaints Authority

      4. Staff

         1. 6. The Police Complaints Authority

         2. 7. The Police Complaints Authority

         3. 8. The Police Complaints Authority

      5. Power of Authority to set up regional offices

         1. 9. The Police Complaints Authority

      6. Proceedings

         1. 10. The Police Complaints Authority

         2. 11. The Police Complaints Authority

      7. Finance

         1. 12. The Police Complaints Authority

         2. 13. The Police Complaints Authority

   9. SCHEDULE 6

      Appeals to police appeals tribunals

      1. Police appeals tribunals

         1. 1. (1) In the case of an appeal by a senior...

         2. 2. (1) In the case of an appeal by a member...

      2. Notice of appeal

         1. 3. An appeal shall be instituted by giving notice of appeal...

      3. Respondent

         1. 4. On any appeal the respondent shall be such person as...

      4. Casting vote

         1. 5. Where there is an equality of voting among the members...

      5. Hearing

         1. 6. (1) A police appeals tribunal may determine a case without...

      6. Effect of orders

         1. 7. (1) Where on the determination of an appeal the tribunal...

      7. Remuneration and expenses

         1. 8. Members of a police appeals tribunal shall be—

      8. Costs

         1. 9. (1) An appellant shall pay the whole of his own...

      9. Interpretation

         1. 10. In this Schedule— (a) “senior officer” means a member of...

   10. SCHEDULE 7

       Consequential amendments

       1. Part I References to police authorities established under section 3 of Police Act 1964

          1. 1. (1) In the provisions referred to in sub-paragraph (2), for...

       2. Part II Other consequential amendments

          1. Pedlars Act 1871 (c. 96)

             1. 2. In section 5 of the Pedlars Act 1871, in paragraph...

             2. 3. In section 8 of that Act— (a) for “police district”...

             3. 4. In section 9 of that Act for “police district”, in...

             4. 5. In section 21 of that Act for “district” there shall...

             5. 6. In Schedule 2 to that Act for “police district” in...

          2. Parks Regulation Act 1872 (c. 15)

             1. 7. In section 7 of the Parks Regulation Act 1872 for...

             2. 8. In section 8 of that Act for “of the district”...

          3. Riot (Damages) Act 1886 (c. 38)

             1. 9. In section 2(1) of the Riot (Damages) Act 1886—

             2. 10. In section 3 of that Act— (a) in subsection (1)...

             3. 11. In section 9 of that Act— (a) for “police district”...

          4. Local Government Act 1958 (c. 55)

             1. 12. In section 60(2) of the Local Government Act 1958 after...

          5. Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

             1. 13. (1) Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967...

          6. Police (Scotland) Act 1967 (c. 77)

             1. 14. (1) Section 26 of the Police (Scotland) Act 1967 shall...

             2. 15. In section 39(4) of that Act, for “or section 141...

          7. Firearms Act 1968 (c. 27)

             1. 16. In Schedule 1 to the Firearms Act 1968, in paragraph...

          8. Police Act (Northern Ireland) 1970 (c. 9 (N.I.))

             1. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          9. Pensions (Increase) Act 1971 (c. 56)

             1. 18. (1) Schedule 2 to the Pensions (Increase) Act 1971 shall...

          10. Superannuation Act 1972 (c. 11)

              1. 19. In section 15(5)(b) of the Superannuation Act 1972 for “section...

              2. 20. Schedule 1 to that Act shall continue to have effect...

          11. Local Government Act 1972 (c. 70)

              1. 21. In section 94(5)(b) of the Local Government Act 1972 for...

          12. Overseas Pensions Act 1973 (c. 21)

              1. 22. In section 2(2)(d)(i) of the Overseas Pensions Act 1973 for...

          13. Juries Act 1974 (c. 23)

              1. 23. In Schedule 1 to the Juries Act 1974, in Part...

          14. House of Commons Disqualification Act 1975 (c. 24)

              1. 24. In section 1(3) of the House of Commons Disqualification Act...

          15. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

              1. 25. In section 1(2) of the Northern Ireland Assembly Disqualification Act...

          16. Salmon and Freshwater Fisheries Act 1975 (c. 51)

              1. 26. In Schedule 3 to the Salmon and Freshwater Fisheries Act...

          17. Sex Discrimination Act 1975 (c. 65)

              1. 27. (1) Section 17 of the Sex Discrimination Act 1975 shall...

          18. Police Pensions Act 1976 (c.35)

              1. 28. Section 1(1) of the Police Pensions Act 1976 shall continue...

              2. 29. (1) Section 7(2) of that Act shall be amended as...

              3. 30. (1) Section 11 of that Act (interpretation) shall be amended...

          19. Race Relations Act 1976 (c. 74)

              1. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          20. Interpretation Act 1978 (c. 30)

              1. 32. In Schedule 1 to the Interpretation Act 1978 (words and...

          21. Finance Act 1981 (c. 35)

              1. 33. In section 107(3)(k) of the Finance Act 1981 for “section...

          22. Police and Criminal Evidence Act 1984 (c. 60)

              1. 34. In section 5(1) of the Police and Criminal Evidence Act...

              2. 35. In section 50(2) of that Act for paragraph (a) there...

              3. 36. In section 55(14) of that Act for paragraph (a) there...

              4. 37. In section 64(6B) of that Act— (a) the definition of...

              5. 38. In section 77(3) of that Act, in the definition of...

          23. Prosecution of Offences Act 1985 (c. 23)

              1. 39. In section 3(3) of the Prosecution of Offences Act 1985,...

          24. Housing Act 1985 (c. 68)

              1. 40. In Schedule 1 to the Housing Act 1985, in paragraph...

          25. Ministry of Defence Police Act 1987 (c. 4)

              1. 41. In section 1(2)(a) of the Ministry of Defence Police Act...

          26. Football Spectators Act 1989 (c. 37)

              1. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          27. Aviation and Maritime Security Act 1990 (c. 31)

              1. 43. In section 22(4)(b)(i) of the Aviation and Maritime Security Act...

          28. Local Government Act 1992 (c. 19)

              1. 44. In section 17(6) of the Local Government Act 1992 for...

          29. Tribunals and Inquiries Act 1992 (c. 53)

              1. 45. In section 7 of the Tribunals and Inquiries Act 1992,...

              2. 46. In Schedule 1 to that Act, in Part I, after...

          30. Criminal Appeal Act 1995 (c.35)

              1. 47. In section 22(2)(c) of the Criminal Appeal Act 1995 for...

   11. SCHEDULE 8

       Transitional provisions, savings etc.

       1. Part I General Provisions

          1. Continuity of the law

             1. 1. (1) The repeal (or revocation) and re-enactment of provisions in...

          2. General saving for old transitional provisions and savings

             1. 2. The repeal by this Act of any provision of Part...

             2. 3. The repeal by this Act of an enactment previously repealed...

          3. Use of existing forms, etc.

             1. 4. Any reference to an enactment repealed by this Act which...

       2. Part II Provisions relating to particular enactments

          1. Pedlars Act 1871

             1. 5. Any reference to a police district contained in—

          2. Savings relating to the Police Act 1964

             1. 6. Notwithstanding the repeal by this Act of subsection (4) of...

             2. 7. Notwithstanding the repeal by this Act of subsection (4) of...

          3. Saving for transitional provisions under the Police and Magistrates’ Courts Act 1994

             1. 8. Without prejudice to the generality of paragraph 1(4) above, any...

          4. Police areas

             1. 9. For the period beginning with the commencement of Schedule 1...

             2. 10. Notwithstanding the repeal by this Act of sections 21A and...

       3. Part III Provisions relating to complaints and discipline

          1. Modification of enactments pending commencement of new discipline procedures

             1. 11. (1) Until such day as the Secretary of State may...

          2. Modification of section 81

             1. 12. Until such day as the Lord Chancellor may appoint under...

          3. Saving for complaints procedures established for other bodies of constables

             1. 13. The coming into force of any provision of Part IV...

   12. SCHEDULE 9

       Repeals and revocations

       1. Part I Repeals: general

       2. Part II Repeals consequential on new discipline and complaints procedures

       3. Part III Revocations

   13. TABLE OF DERIVATIONS

       1. 1. Notes:

       2. 2. The following abbreviations are used in the Table:— 1964 =...