Police Act 1996

[F1 The metropolitan police and forces outside London] E+W+S

Textual Amendments

F1 Ss. 5A-5C and headings inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6

6 General functions of police authorities. E+W

(1) Every police authority established under section 3 shall secure the maintenance of an efficient and effective police force for its area.

(2) In discharging its functions, every police authority established under section 3 shall have regard to—

(a) any objectives determined by the Secretary of State under section 37,

(b) any objectives determined by the authority under section 7,

(c) any performance targets established by the authority, whether in compliance with a direction under section 38 or otherwise, and

(d) any local policing plan issued by the authority under section 8.

(3) In discharging any function to which a code of practice issued under section 39 relates, a police authority established under section 3 shall have regard to the code.

(4) A police authority shall comply with any direction given to it by the Secretary of State under section 38 or 40.

[F2 (5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3]

Textual Amendments

F2 S. 6(5) inserted (3.7.2000) by 1999 c. 29, s. 311 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch

Yn ddilys o 01/10/2002

[F3 6A Three-year strategy plans E+W

(1) Every police authority maintaining a police force for a police area in England and Wales shall, before the beginning of every relevant three-year period, issue a plan (“a three-year strategy plan”) which sets out the authority’s medium and long term strategies for the policing of that area during that period.

(2) Before a three-year strategy plan for any period is issued by a police authority, a draft of a plan setting out medium and long term strategies for the policing of the authority’s area during that period must have been—

(a) prepared by the chief officer of police of the police force maintained by that authority; and

(b) submitted by him to the police authority for its consideration.

(3) In preparing the draft plan, the chief officer of police of a police force shall have regard to the views, obtained in accordance with arrangements under section 96, of people in the police area in question.

(4) A police authority which has issued a three-year strategy plan for any period may modify that plan at any time during that period.

(5) It shall be the duty, in issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, of every police authority or chief officer of police to have regard to the National Policing Plan in force at that time.

(6) The Secretary of State —

(a) shall issue guidance to police authorities and chief officers of police as to the matters to be contained in any three-year strategy plan, and as to the form to be taken by any such plan; and

(b) may from time to time revise and modify that guidance;

and it shall be the duty of every police authority and chief officer of police to take account of any guidance under this subsection when issuing, preparing or modifying any such plan or any draft plan prepared for the purposes of subsection (2).

(7) Before issuing or revising any guidance under subsection (6) the Secretary of State shall consult with—

(a) persons whom he considers to represent the interests of police authorities;

(b) persons whom he considers to represent the interests of chief officers of police; and

(c) such other persons as he thinks fit.

(8) A police authority which is proposing to issue or modify any plan under this section shall submit that plan, or the modifications, to the Secretary of State.

(9) Where a police authority issues a three-year strategy plan or modifies such a plan, it shall—

(a) send a copy of the plan or the modified plan to the Secretary of State; and

(b) cause the plan or modified plan to be published;

and the copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.

(10) If the Secretary of State considers that there are grounds for thinking that—

(a) a police authority’s three-year strategy plan, or

(b) any proposals by a police authority for such a plan, or for the modification of such a plan,

may not be consistent with any National Policing Plan applicable to a financial year wholly or partly comprised in the period to which the strategy plan applies, he shall, before informing the police authority of his conclusions on whether or not it is in fact so inconsistent, consult with the persons mentioned in subsection (11).

(11) Those persons are—

(a) the police authority in question;

(b) the chief officer of police of the police force maintained by that authority;

(c) persons whom the Secretary of State considers to represent the interests of police authorities; and

(d) persons whom the Secretary of State considers to represent the interests of chief officers of police.

(12) Before a police authority—

(a) issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the chief officer of police of the force maintained by that authority, or

(b) modifies its three-year strategy plan,

it shall consult with that chief officer.

(13) Any best value performance plan prepared by a police authority under section 6 of the Local Government Act 1999 (c. 27) for any financial year must be consistent with any three-year strategy plan which sets out the authority’s current strategies for policing its area during any period which includes the whole or any part of that financial year.

(14) The Secretary of State may by regulations make provision for—

(a) the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section; and

(b) the periods which are to constitute relevant three-year periods for the purposes of this section;

and those regulations may provide for a period of less than three years to be the first period treated as a relevant three-year period for the purposes of this section.

(15) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F3 S. 6A inserted (1.10.2002 for certain purposes and 1.11.2002 in so far as not already in force) by Police Reform Act 2002 (c. 30), ss. 92(1), 108(2)-(5); S.I 2002/2306, {arts. 2(f)(v)}, {5(b)}

7 Local policing objectives. E+W

(1) Every police authority established under section 3 shall, before the beginning of each financial year, determine objectives for the policing of the authority’s area during that year.

(2) Objectives determined under this section may relate to matters to which objectives determined under section 37 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

(3) Before determining objectives under this section, a police authority shall—

(a) consult the chief constable for the area, and

(b) consider any views obtained by the authority in accordance with arrangements made under section 96.

[F4 (4) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the reference to the chief constable for the area as a reference to the Commissioner of Police of the Metropolis]

Textual Amendments

F4 S. 7(4) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para.70 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

8 Local policing plans. E+W

(1) Every police authority established under section 3 shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the policing of the authority’s area during the year (the local policing plan).

(2) The local policing plan shall include a statement of the authority’s priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of—

(a) any objectives determined by the Secretary of State under section 37,

(b) any objectives determined by the authority under section 7, F5 . . .

(c) any performance targets established by the authority, whether in compliance with a direction under section 38 or otherwise [F6 , and]

(d) any action proposed for the purpose of complying with the requirements of Part I of the Local Government Act 1999 (best value).

(3) A draft of the local policing plan shall be prepared by the chief constable for the area and submitted by him to the police authority for it to consider.

(4) Before issuing a local policing plan which differs from the draft submitted by the chief constable under subsection (3), a police authority shall consult the chief constable.

(5) A police authority shall arrange for every local policing plan issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to the Secretary of State.

[F7 (6) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the references to the chief constable for the area as references to the Commissioner of Police of the Metropolis.]

Textual Amendments

F5 Word "and" in s. 8(2) repealed (27.7.1999) by 1999 c. 27, ss. 21, 34, Sch. 2(1), note

F6 S. 8(2)(d) and word "and" immediately preceding it inserted (27.9.1999) by 1999 c. 27, s. 24(1)(b); S.I. 1999/2169, art. 3(1)

F7 S. 8(6) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 71 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

9 Annual reports by police authorities. E+W

(1) As soon as possible after the end of each financial year every police authority established under section 3 shall issue a report relating to the policing of the authority’s area for the year.

(2) A report issued by a police authority under this section for any year shall include an assessment of the extent to which the local policing plan for that year issued under section 8 has been carried out.

(3) A police authority shall arrange for every report issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the report to the Secretary of State.

[F8 (4) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3]

Textual Amendments

F8 S. 9(4) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 72 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F9 9A General functions of the Commissioner of Police of the Metropolis. E+W

(1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.

(2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.]

Textual Amendments

F9 S. 9A inserted (3.7.2000) by 1999 c. 29, s. 314, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F10 9B Appointment of Commissioner of Police of the Metropolis. E+W

(1) There shall be a Commissioner of Police of the Metropolis.

(2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Mayor of London.

(6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.]

Textual Amendments

F10 S. 9B inserted (3.7.2000) by 1999 c. 29, s. 315, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F11 9C Functions of Deputy Commissioner of Police of the Metropolis. E+W

(1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

(a) during any absence, incapacity or suspension from duty of the Commissioner,

(b) during any vacancy in the office of the Commissioner, or

(c) at any other time, with the consent of the Commissioner.

(2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.]

Textual Amendments

F11 S. 9C inserted (3.7.2000) by 1999 c. 29, s. 316, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2. Sch.

[F12 9D Appointment of Deputy Commissioner of Police of the Metropolis. E+W

(1) There shall be a Deputy Commissioner of Police of the Metropolis.

(2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Commissioner.

(6) In this section—

• “the Commissioner” means the Commissioner of Police of the Metropolis;

• “Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.]

Textual Amendments

F12 S. 9D inserted (3.7.2000) by 1999 c. 29, s. 317 (with Sch 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F13 9E Removal of Commissioner or Deputy Commissioner. E+W

(1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.

(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.

(3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.

(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.

(5) This section is without prejudice to—

(a) section 9B(3),

(b) section 9D(3),

(c) any regulations under section 50, or

(d) any regulations under the M1 Police Pensions Act 1976.]

Textual Amendments

F13 S. 9E inserted (3.7.2000) by 1999 c. 29, s. 318 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M1 1976 c. 35.

[F14 9F Assistant Commissioners of Police of the Metropolis. E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).

(2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M2 Police Pensions Act 1976.

(5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.

(6) Subsection (5) is without prejudice to any regulations under section 50.]

Textual Amendments

F14 S. 9F inserted (3.7.2000) by 1999 c. 29, s. 319 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M2 1976 c. 35.

[F15 9FA Appointment and removal of Deputy Assistant Commissioners E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”).

(2) Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis.

(4) Subsection (3) of this section is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the Police Pensions Act 1976 (c. 35).]

Textual Amendments

F15 S. 9FA inserted (1.1.2002) by 2001 c. 16, s. 122(1); S.I. 2001/3736, art. 3(a)

[F16 9G Commanders. E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Commander.

(2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M3 Police Pensions Act 1976.]

Textual Amendments

F16 S. 9G inserted (3.7.2000) by 1999 c. 29, s. 320 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M3 1976 c. 35.

[F17 9H Other members of the metropolitan police force. E+W

(1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.

(2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—

(a) Commissioner of Police of the Metropolis,

(b) Deputy Commissioner of Police of the Metropolis,

(c) Assistant Commissioner of Police of the Metropolis, and

[F18 (ca) Deputy Assistant Commissioner of Police of the Metropolis, and]

(d) Commander,

those of [F19 chief superintendent, ]superintendent, chief inspector, inspector, sergeant and constable.

(3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.]

Textual Amendments

F17 S. 9H inserted (3.7.2000) by 1999 c. 29, s. 322 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F18 S. 9H(2)(ca) substituted (1.1.2002) for word "and" by 2001 c. 16, s. 122(2); S.I. 2001/3736, art. 3(a)

F19 Words in s. 9H(2) inserted (1.1.2002) by 2001 c. 16, s. 125(1); S.I. 2001/3736, art. 3(a)

10 General functions of chief constables. E+W

(1) A police force maintained under section 2 shall be under the direction and control of the chief constable appointed under section 11.

(2) In discharging his functions, every chief constable shall have regard to the local policing plan issued by the police authority for his area under section 8.

Modifications etc. (not altering text)

C1 S. 10(1) excluded (1.4.1998) by 1997 c. 50, s. 23(5); S.I. 1998/354, art. 2(2)(j)

S. 10(1) excluded (1.1.2000) by S.I. 1999/3272, art. 2(2)

11 Appointment and removal of chief constables. E+W

(1) The chief constable of a police force maintained under section 2 shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under section 50.

(2) Without prejudice to any regulations under section 50 or under the M4 Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency or effectiveness.

(3) Before seeking the approval of the Secretary of State under subsection (2), the police authority shall give the chief constable an opportunity to make representations and shall consider any representations that he makes.

(4) A chief constable who is called upon to retire under subsection (2) shall retire on such date as the police authority may specify or on such earlier date as may be agreed upon between him and the authority.

Marginal Citations

M4 1976 c. 35.

[F20 11A Appointment and removal of deputy chief constables E+W

(1) Every police force maintained under section 2 shall have a deputy chief constable.

(2) The appointment of a person to be the deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force, but only after consultation with the chief constable and subject to the approval of the Secretary of State.

(3) Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable.]

Textual Amendments

F20 S. 11A inserted (1.1.2002) by 2001 c. 16, s. 123(1); S.I. 2001/3736, art. 3(a)

12 Assistant chief constables. E+W

(1) The ranks that may be held in a police force maintained under section 2 shall include that of assistant chief constable; and in every such police force there shall be at least one person holding that rank.

(2) Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under section 50, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(3) Subsections (2), (3) and (4) of section 11 shall apply to an assistant chief constable as they apply to a chief constable.

F21 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

F22 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

F23 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

[F24 12A Power of deputy to exercise functions of chief constable E+W

(1) A deputy chief constable of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—

(a) during any absence, incapacity or suspension from duty of the chief constable,

(b) during any vacancy in the office of the chief constable, or

(c) at any other time, with the consent of the chief constable.

(2) A police authority responsible for maintaining a police force may designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable of that force—

(a) during any absence, incapacity or suspension from duty of both the chief constable and the deputy chief constable, or

(b) during any vacancy in the offices of both the chief constable and the deputy chief constable.

(3) Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2).

(4) The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.

(5) The provisions of subsections (1) and (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.]

Textual Amendments

F24 S. 12A inserted (1.1.2002) by 2001 c. 16, s. 124(2); S.I. 2001/3736, art. 3(a)

13 Other members of police forces. E+W

(1) The ranks that may be held in a police force maintained under section 2 shall be such as may be prescribed by regulations under section 50 and the ranks so prescribed shall include, in addition to chief constable [F25 , deputy chief constable] and assistant chief constable, the ranks of [F26 chief superintendent ]superintendent, chief inspector, inspector, sergeant and constable.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Appointments and promotions to any rank below that of assistant chief constable in any police force maintained under section 2 shall be made, in accordance with regulations under section 50, by the chief constable.

Textual Amendments

F25 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 123(2)(a); S.I. 2001/3736, art. 3(a)

F26 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 125(2); S.I. 2001/3736, art. 3(a)

14 Police fund. E+W

(1) Each police authority established under section 3 shall keep a fund to be known as the police fund.

(2) Subject to any regulations under thePolice Pensions Act 1976, all receipts of the police authority shall be paid into the police fund and all expenditure of the authority shall be paid out of that fund.

(3) Accounts shall be kept by each police authority of payments made into or out of the police fund.

[F27 (4) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.]

Textual Amendments

F27 S. 14(4) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 73 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

15 Civilian employees. E+W

(1) A police authority established under section 3 may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.

(2) A police authority shall exercise its powers under section 101 (and section 107) of the M5 Local Government Act 1972 so as to secure that, subject to subsection (3) below, any person employed by the authority under this section is under the direction and control of the chief constable of the police force maintained by the authority.

(3) Subsection (2) shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

(4) The powers of direction and control referred to in subsection (2) include the powers of engagement and dismissal.

[F28 (5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.]

Textual Amendments

F28 S. 15(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 73(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M5 1976 c. 35.

16 Appointment of clerk. E+W

F29 (1) A police authority established under section 3 shall appoint a person to be the clerk to the authority.

[F30 (2) The Metropolitan Police Authority shall appoint a person to be the clerk to the Metropolitan Police Authority.]

Textual Amendments

F29 S. 16 renumbered as s. 16(1) (on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 325, Sch. 27 para. 75(2) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

F30 S. 16(2) inserted (on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 325, Sch. 27 para. 75(3) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

Modifications etc. (not altering text)

C2 S. 16 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(b)

17 Appointment of persons not employed by police authorities. E+W

F31 (1) Where a police authority established under section 3 is required or authorised by any Act—

(a) to appoint a person to a specified office under the authority, or

(b) to designate a person as having specified duties or responsibilities,

then, notwithstanding any provision of that Act to the contrary, the authority may appoint or designate either a person employed by the authority under section 15, or a person not holding any office or employment under the authority.

[F32 (2) This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.]

Textual Amendments

F31 S. 17 renumbered as s. 17(1) (on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 325, Sch. 27 para. 76(2) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

F32 S. 17(2) inserted (on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 325, Sch. 27 para. 76(3) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

18 Supply of goods and services. E+W

Subsections (1) to (3) of section 1 of the M6 Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall apply to a police authority established under section 3 [F33 and to the Metropolitan Police Authority] as they apply to a local authority, except that in their application to a police authority the references in those subsections to a public body shall be read as references to any person.

Textual Amendments

F33 Words in s. 18 inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 77 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M6 1970 c. 39.

19 Approval of decisions about precepts. E+W

(1) A police authority established under section 3 shall not—

(a) issue a precept under section 40 of the M7 Local Government Finance Act 1992, or

(b) make the calculations required by section 43 of that Act,

except by a decision of the authority which complies with subsection (2) below.

(2) A decision complies with this subsection only if the members approving it—

(a) constitute at least half of the total membership at the time of the decision, and

(b) include more than half of the members (at that time) appointed under paragraph 2 of Schedule 2.

Marginal Citations

M7 1992 c. 14.

20 Questions on police matters at council meetings. E+W

(1) Every relevant council shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of a police authority [F34 established under section 3] to be put by members of the council at a meeting of the council for answer by a person nominated by the authority for that purpose.

(2) On being given reasonable notice by a relevant council of a meeting of that council at which questions on the discharge of the police authority’s functions are to be put, the police authority shall nominate one or more of its members to attend the meeting to answer those questions.

(3) In this section “relevant council” has the same meaning as in Schedule 2.

Textual Amendments

F34 Words in s. 20(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 78 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F35 20A Questions on metropolitan police matters at London Assembly meetings. E+W+S

(1) The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.

(2) On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.]

Textual Amendments

F35 S. 20A inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 78 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

21 Application of certain provisions to police authorities. E+W+S

(1) Any relevant legislative provision which, immediately before 21st July 1994, applied to police authorities constituted in accordance with section 2 of the M8 Police Act 1964 shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 above.

(2) Subsection (1) is subject to any provision to the contrary made—

(a) by this Act, or

(b) by any other Act passed, or subordinate legislation made, on or after 21st July 1994.

(3) For the purposes of subsection (1), a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—

(a) was made before 21st July 1994 under a public general Act, and

(b) is of a legislative character.

Marginal Citations

M8 1964 c. 48.