Police Act 1996

Part II E+W Central Supervision, Direction and Facilities

Functions of Secretary of State E+W

36 General duty of Secretary of State. E+W

(1) The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

(2) The provisions of this Act mentioned in subsection (1) are—

(a) Part I;

(b) this Part;

(c) Part III (other than sections 61 and 62);

(d) in Chapter II of Part IV, [F1 sections 84 and 85] and Schedule 6; and

(e) in Part V, section 95.

Textual Amendments

F1 Words in s. 36(2)(d) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 2; S.I. 2008/2712, art. 2, Sch. para. 16(a)

F2 36A National Policing Plan E+W

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Textual Amendments

F2 S. 36A repealed (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 24, Sch. 15 Pt. 1(B)

F3 37 Setting of objectives for police authorities. E+W

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Textual Amendments

F3 S. 37 repealed (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 24, Sch. 15 Pt. 1(B)

[F4 37A The strategic policing requirement E+W

(1) The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—

(a) national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those national threats.

(2) A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3) Before issuing the strategic policing requirement, the Secretary of State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii) such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks fit.

(4) The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5) References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways to counter that threat, or

(c) to exercise one or more functions in accordance with common operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  the City of London police force;

• “national threat” means a threat (whether actual or prospective) which is—

  (a)

  a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or

  (b)

  a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.]

Textual Amendments

F4 S. 37A substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 77, 157(1); S.I. 2012/1129, art. 2(c)

F5 38 Setting of performance targets. E+W

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Textual Amendments

F5 S. 38 omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(a), 157(1); S.I. 2012/2892, art. 2(a)

F6 39 Codes of practice. E+W

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Textual Amendments

F6 S. 39 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(2))

[F7 39A Codes of practice for chief officers E+W

(1) If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.

(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Before [F9 issuing or revising such a code, the Secretary of State] shall consult with—

[F10 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

[F11 (b) the Association of Chief Police Officers; and]

(c) such other persons as [F12 the Secretary of State] thinks fit.

(5) The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.

(6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—

(a) would be against the interests of national security;

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or

(c) could jeopardise the safety of any person.

(7) In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.]

Textual Amendments

F7 S. 39A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 2, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F8 S. 39A(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(2); S.I. 2011/3019, art. 3, Sch. 1

F9 Words in s. 39A(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(a); S.I. 2011/3019, art. 3, Sch. 1

F10 Ss. 39A(4)(a)-(ab) substituted for s. 39A(4)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 12)

F11 S. 39A(4)(a)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 4 para. 3; S.I. 2007/709, art. 3(d) (with art. 6)

F12 Words in s. 39A(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(c); S.I. 2011/3019, art. 3, Sch. 1

[F13 40 Power to give directions in relation to police force E+W

(1) Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F14 local policing body] responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

(2) Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F14 local policing body] responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4) The Secretary of State shall not give a direction under this section in relation to any police force unless—

(a) the [F14 local policing body] responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) that [F14 local policing body] and chief officer have each been given an opportunity of making representations about those grounds;

(c) that [F14 local policing body] and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(5) Subsection (4) does not apply if the Secretary of State is satisfied that—

(a) the [F14 local policing body] responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b) the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and

(c) they have each had a reasonable opportunity to take such measures.

(6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b) an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7) A [F14 local policing body] that is given a direction under this section shall comply with it.

Textual Amendments

F13 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F14 Words in s. 40 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

40A Power to give directions in relation to [F15 local policing body] E+W

(1) Where the Secretary of State is satisfied that a [F15 local policing body] is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F15 local policing body] to take specified measures for the purpose of remedying the failure.

(2) Where the Secretary of State is satisfied that a [F15 local policing body] will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F15 local policing body] to take specified measures in order to prevent such a failure occurring.

(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which [F16 the local policing body] submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4) The Secretary of State shall not give a direction under this section in relation to a [F15 local policing body] unless—

(a) the [F15 local policing body] has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;

(b) the [F15 local policing body] has been given an opportunity of making representations about those grounds;

(c) the [F15 local policing body] has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(5) Subsection (4) does not apply if the Secretary of State is satisfied that—

(a) the [F15 local policing body] has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b) the information [F16 the local policing body] had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and

(c) [F16 the local policing body] has had a reasonable opportunity to take such measures.

(6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b) an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7) A [F15 local policing body] that is given a direction under this section shall comply with it.

(8) Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.

Textual Amendments

F13 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F15 Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F16 Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

40B Procedure for directions under section 40 or 40A E+W

(1) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—

(a) a proposal is made for the giving of a direction under section 40;

(b) a proposal is made for the giving of a direction under section 40A.

(2) Before making any regulations under this section, the Secretary of State shall consult with—

[F17 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

(b) the Association of Chief Police Officers; and

(c) such other persons as he thinks fit.

(3) Regulations under this section may make different provision for different cases and circumstances.

(4) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(5) On giving a direction under section 40 or section 40A to a [F18 local policing body], the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

(6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—

(a) a copy of the direction; and

(b) a report about it.

(7) A report under [F19 subsection (6)]—

(a) shall be prepared at such time as the Secretary of State considers appropriate; and

(b) may relate to more than one direction.]

Textual Amendments

F13 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F17 Ss. 40B(2)(a)-(ab) substituted for s. 40B(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 3)

F18 Words in s. 40B(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F19 Words in s. 40B(7) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(6)(a), Sch. 7 para. 133

41 Directions as to minimum budget. E+W

(1) The power of the Secretary of State to give directions under section 40 [F20 or 40A] to a [F21 a police and crime commissioner] shall include power to direct [F22 the commissioner] that the amount of [F23 the commissioner's] [F24 council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year] shall not be less than an amount specified in the direction.

[F25 (1A) But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.]

(2) The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter [F26 4ZA or] [F27 IVA] of Part I of the Local Government Finance Act 1992.

(3) A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.

(4) Where the Secretary of State gives a direction to [F28 a police and crime commissioner] by virtue of subsection (1), any precept issued or calculation made by [F29 the commissioner] under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Textual Amendments

F20 Words in s. 41(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 28; S.I. 2007/709, art. 3(c) (with art. 6)

F21 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(a), 157(1); S.I. 2012/2892, art. 2(a)

F22 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(b), 157(1); S.I. 2012/2892, art. 2(a)

F23 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(c), 157(1); S.I. 2012/2892, art. 2(a)

F24 Words in s. 41(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 33; S.I. 2011/2896, art. 2(i)

F25 S. 41(1A) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(3), 157(1); S.I. 2012/2892, art. 2(a)

F26 Words in s. 41(2) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 33; S.I. 2011/2896, art. 2(i)

F27 Words in s. 41(2) substituted (27.7.1999 so as to apply as mentioned in S. 30(2)) by 1999 c. 27, s. 30(1), Sch. 1 Pt. II para. 10

F28 Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(a), 157(1); S.I. 2012/2892, art. 2(a)

F29 Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(b), 157(1); S.I. 2012/2892, art. 2(a)

F30 41A Power to give directions as to action plans U.K.

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Textual Amendments

F30 S. 41A repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 29, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

F31 41B Procedure for directions under section 41A U.K.

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Textual Amendments

F31 S. 41B repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 29, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

42 [F32 Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner] E+W

[F33 [F34 (1) The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.]

(2) [F35 Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—]

(a) give the officer concerned a notice in writing—

(i) informing him of the Secretary of State’s intention to require the exercise of that power; and

(ii) explaining the Secretary of State’s grounds for requiring the exercise of that power; and

(b) give that officer an opportunity to make representations to the Secretary of State.

(2A) Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the [F36 notice to the Mayor's Office for Policing and Crime.]

(2B) The Secretary of State shall consider any representations made to him under subsection (2).]

(3) [F37 Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he] shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

[F38 (3A) At an inquiry held under subsection (3)—

(a) the Commissioner [F39 or Deputy Commissioner] shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;

(b) the [F40 Mayor's Office for Policing and Crime] shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.

(3B) The entitlement of the Commissioner [F41 or Deputy Commissioner] to make representations shall include the entitlement to make them in person.]

(4) The costs incurred by a [F42 the Commissioner [F43 or Deputy Commissioner ]] in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

[F44 (4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—

(a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and

(b) section 48(5) of the 2011 Act does not apply.]

(4B) In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.

F45 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 S. 42 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F33 S. 42(1)-(2B) substituted for s. 42(1)(2) (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(2), 108(2); S.I. 2004/1319, art. 2(d)

F34 S. 42(1)(1A) substituted for s. 42(1)-(1B) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F35 Words in s. 42(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F36 Words in s. 42(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F37 Words in s. 42(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(3), 108(2); S.I. 2004/1319, art. 2(d)

F38 S. 42(3A)(3B) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(4), 108(2); S.I. 2004/1319, art. 2(d)

F39 Words in s. 42(3A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(7)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F40 Words in s. 42(3A)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(7)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F41 Words in s. 42(3B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(8), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F42 Words in s. 42(4) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(5), 108(2); S.I. 2004/1319, art. 2(d)

F43 Words in s. 42(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F44 S. 42(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(10), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F45 S. 42(4C) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(11), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F46 S. 42(5) repealed (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(7), 108(2), Sch. 8; S.I. 2004/1319, art. 2(d)(f)

[F47 42A Procedure in relation to [F48 exercise of powers under section 42 ] E+W

(1) The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section F49 ... 42.

(2) Before making any regulations under this section, the Secretary of State shall consult with—

[F50 (a) the Mayor's Office for Policing and Crime;]

(b) the Association of Chief Police Officers; and

(c) such other persons as he thinks fit.

(3) Regulations under this section may make different provision for different cases and circumstances.

(4) 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

F47 S. 42A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 34, 108(2)-(5); S.I. 2002/2306, art. 2(c)(i)

F48 Words in s. 42A title substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(2); S.I. 2012/2892, art. 2(i)

F49 Words in s. 42A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 13)

F50 S. 42A(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(4); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 13)

F51 43 Reports from police authorities. E+W

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Textual Amendments

F51 S. 43 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(2))

[F52 44 Provision of information by chief officers of police E+W

(1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

(a) the policing of the police area for which that police force is maintained, or

(b) the discharge of the national or international functions of that police force.

(2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

(a) the policing of that police area, or

(b) the discharge of the national or international functions of the police force for that area.

(3) A requirement under subsection (1) may specify the form in which information is to be provided.

(4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

(5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.]

Textual Amendments

F52 S. 44 substituted for ss. 44. 45 (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 92, 157(1); S.I. 2011/3019, art. 3, Sch. 1

F52 45 Criminal statistics. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 S. 44 substituted for ss. 44. 45 (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 92, 157(1); S.I. 2011/3019, art. 3, Sch. 1

46 Police grant. E+W

(1) Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to—

[F53 (a) police and crime commissioners,]

[F53 (aa) the Common Council, and]

(b) the [F54 Greater London Authority];

[F55 and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.]

(2) For each financial year the Secretary of State shall with the approval of the Treasury determine—

(a) the aggregate amount of grants to be made under this section, and

(b) the amount of the grant to be made to each [F56 grant recipient];

and any determination may be varied by further determinations under this subsection.

(3) The Secretary of State shall prepare a report setting out any determination under subsection (2), and stating the considerations which he took into account in making the determination.

(4) In determining the allocation among [F57 grant recipients] of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.

(5) The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for [F58 different grant recipients or different classes of grant recipient].

(6) A copy of every report prepared under subsection (3) shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.

(7) A grant to a [F59 grant recipient] under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.

[F60 (7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F61 Mayor's Office for Policing and Crime] and pay it over to [F62 that Office].]

(8) Where in consequence of a further determination under subsection (2) the amount of [F63 a grant recipient's] grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by [F64 the grant recipient] to the Secretary of State on such day as he may specify; but no sum shall be payable by [F65 a grant recipient] under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

[F66 (9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the [F67 Mayor's Office for Policing and Crime] to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.]

Textual Amendments

F53 S. 46(1)(a)(aa) substituted for s. 46(1)(a) (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(2)(a), 157(1); S.I. 2012/2892, art. 2(a)

F54 Words in s. 46(1)(b) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 92(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F55 Words in s. 46(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(2)(b), 157(1); S.I. 2012/2892, art. 2(a)

F56 Words in s. 46(2)(b) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(3), 157(1); S.I. 2012/2892, art. 2(a)

F57 Words in s. 46(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(4), 157(1); S.I. 2012/2892, art. 2(a)

F58 Words in s. 46(5) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(5), 157(1); S.I. 2012/2892, art. 2(a)

F59 Words in s. 46(7) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(6), 157(1); S.I. 2012/2892, art. 2(a)

F60 S. 46(7A) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 92(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F61 Words in s. 46(7A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(7)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F62 Words in s. 46(7A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(7)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F63 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(a), 157(1); S.I. 2012/2892, art. 2(a)

F64 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(b), 157(1); S.I. 2012/2892, art. 2(a)

F65 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(c), 157(1); S.I. 2012/2892, art. 2(a)

F66 S. 46(9) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 92(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F67 Words in s. 46(9) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1

47 Grants for capital expenditure. E+W

(1) The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes [F68 by local policing bodies].

(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.

[F69 (4) Any grant [F70 under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F71 Mayor's Office for Policing and Crime] and pay it over to [F72 that Office].]

Textual Amendments

F68 Words in s. 47(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F69 S. 47(4)(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 93(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F70 Words in s. 47(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F71 Words in s. 47(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(c)(i), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F72 Words in s. 47(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(c)(ii), 157(1); S.I. 2011/3019, art. 3, Sch. 1

48 Grants for expenditure on safeguarding national security. E+W

(1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes [F73 by local policing bodies 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.

[F74 (4) Any grant [F75 under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F76 Mayor's Office for Policing and Crime] and pay it over to [F77 that Office].]

Textual Amendments

F73 Words in s. 48(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F74 S. 48(4)(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 94(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F75 Words in s. 48(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F76 Words in s. 48(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(c)(i), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F77 Words in s. 48(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(c)(ii), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F78 49 Local inquiries. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 S. 49 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 14, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

50 Regulations for police forces. E+W

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the ranks to be held by members of police forces;

(b) the qualifications for appointment and promotion of members of police forces;

(c) periods of service on probation;

(d) voluntary retirement of members of police forces;

(e) the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;

(f) the suspension of members of a police force from membership of that force and from their office as constable;

(g) the maintenance of personal records of members of police forces;

(h) the duties which are or are not to be performed by members of police forces;

(i) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;

(j) the hours of duty, leave, pay and allowances of members of police forces; and

(k) the issue, use and return of police clothing, personal equipment and accoutrements.

[F79 (2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) powers of removal,

(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

(2B) In subsection (2A)—

• “power of removal” means—

  (a)

  the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.]

[F80 (3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.]

(4) In relation to any matter as to which provision may be made by regulations under this section, the regulations mayF81 ... —

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F82 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

(5) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(6) 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.

[F83 (6A) Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

(a) steps to be taken in connection with the appointment of senior officers;

(b) payments to senior officers who cease to hold office before the end of a fixed term appointment.

(6B) In subsection (6A) “senior officer” means—

(a) a member of a police force holding a rank above that of chief superintendent;

(b) the Commissioner of Police for the City of London.]

(7) Regulations under this section may make different provision for different cases and circumstances.

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

Textual Amendments

F79 S. 50(2A)(2B) inserted (15.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(12), 157(1); S.I. 2011/3019, art. 2(c)

F80 S. 50(3) substituted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F81 Words in s. 50(4) repealed (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(3), Sch. 28 Pt. 8; S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F82 Words in s. 50(4)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 32; S.I. 2011/3019, art. 3, Sch. 1

F83 S. 50(6A)(6B) inserted (19.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 3, 116(1); S.I. 2010/999, art. 2(a)

Commencement Information

I1 S. 50 wholly in force at 1.4.1999; s. 50(1)(2)(4)-(8) in force at 23.8.1996, see s. 104(1)(2); s. 50(3) in force at 1.4.1999 by S.I. 1999/533, art. 2

51 Regulations for special constables. E+W

(1) The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the qualifications for appointment of special constables;

(b) the retirement of special constables;

[F84 (ba) the conduct [F85 , efficiency and effectiveness] of special constables and the maintenance of discipline;]

(c) the suspension of special constables from their office as constable;

(d) the allowances payable to special constables; and

(e) 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 members of police forces.

[F86 (2A) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.]

(3) 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.

[F87 (3A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F88 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

(4) Subsections (7) and (8) of section 50 shall apply to regulations under this section.

Textual Amendments

F84 S. 51(2)(ba) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 35, 108(2)-(5); S.I. 2002/2306, art. 2(c)(ii)

F85 Words in s. 51(2)(ba) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F86 S. 51(2A) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(3); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F87 S. 51(3A) inserted (25.6.1997) by 1997 c. 50, s. 128(1); S.I. 1997/1377, art. 2(2)(h)

F88 Words in s. 51(3A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 33; S.I. 2011/3019, art. 3, Sch. 1

52 Regulations for police cadets. E+W

(1) The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.

[F89 (1A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F90 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

(2) Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.

Textual Amendments

F89 S. 52(1A) inserted (25.6.1997) by 1997 c. 50, s. 128(2); S.I. 1997/1377, art. 2(2)(h)

F90 Words in s. 52(1A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 34; S.I. 2011/3019, art. 3, Sch. 1

53 Regulations as to standard [F91 and provision] of equipment. E+W

[F92 (1)] The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

[F93 (1A) The Secretary of State may by regulations make any or all of the following provisions—

(a) provision requiring [F94 one or more police forces], when using equipment for the purposes specified in the regulations to use only—

(i) the equipment which is specified in the regulations;

(ii) equipment which is of a description so specified; or

(iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b) provision requiring [F95 one or more police forces] to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;

(c) provision prohibiting [F96 one or more police forces] from using equipment of a type approved as mentioned in paragraph (a)(iii) except—

(i) where the conditions subject to which the approval was given are satisfied; and

(ii) in accordance with the other terms of that approval;

(d) provision requiring equipment used by [F97 one or more police forces] to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(e) provision prohibiting [F98 one or more police forces] from using equipment specified in the regulations, or any equipment of a description so specified.

[F99 (1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

(1AB) The regulations may, in particular—

(a) make provision about the nature or terms of such arrangements, or

(b) prescribe arrangements which may be, or must be, used.]

(1B) The Secretary of State shall not make any regulations under subsection (1A) [F100 or (1AA)] unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness [F101 of one or more police forces].

(2) Before making any regulations under this section, the Secretary of State shall consult with—

[F102 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

(b) the Association of Chief Police Officers; and

(c) such other persons as he thinks fit.

(2A) Regulations under this section may make different provision for different cases and circumstances.

(2B) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2C) In this section “equipment” includes—

[F103 (za) software;]

(a) vehicles; and

(b) headgear and protective and other clothing.]

Textual Amendments

F91 Words in s. 53 title inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F92 S. 53 renumbered as s. 53(1) (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 75; S.I. 1997/354, art. 2(2)(ay)

F93 S. 53(1A)-(2C) substituted for s. 53(2)(3) (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 6, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F94 Words in s. 53(1A)(a) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F95 Words in s. 53(1A)(b) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F96 Words in s. 53(1A)(c) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F97 Words in s. 53(1A)(d) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(b), 116(1); S.I. 2010/125, art. 2(b)

F98 Words in s. 53(1A)(e) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F99 S. 53(1AA)(1AB) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F100 Words in s. 53(1B) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F101 Words in s. 53(1B) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(3), 116(1); S.I. 2010/125, art. 2(b)

F102 S. 53(2)(a)-(ab) substituted for s. 53(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 4)

F103 S. 53(2C)(za) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(4), 116(1); S.I. 2010/125, art. 2(b)

Modifications etc. (not altering text)

C1 S. 53 extended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 44, 45; S.I. 2004/1572, art. 3(aa)(bb)

[F104 53A Regulation of procedures and practices E+W

(1) The Secretary of State may by regulations make provision requiring [F105 one or more police forces]—

(a) to adopt particular procedures or practices; or

(b) to adopt procedures or practices of a particular description.

(2) Before making any regulations under this section, the Secretary of State shall seek advice from—

(a) the chief inspector of constabulary; and

F106 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—

[F107 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

(b) the Association of Chief Police Officers.

(4) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.

F108 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—

F109 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and

(c) the Secretary of State himself is satisfied as to those matters.

(7) Those matters are—

(a) that the adoption of that procedure or practice is necessary in order to [F110 —

(i) promote the efficiency and effectiveness of a police force, or

(ii)] facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations;

(b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and

(c) that securing the adoption of that procedure or practice is in the national interest.

(8) Regulations under this section may make different provision for different cases and circumstances.

(9) A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

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

Textual Amendments

F104 S. 53A inserted (1.10.2002) by Police Reform Act 2002 (c. 30) {ss. 7}, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F105 Words in s. 53A(1) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 12(2), 116(1); S.I. 2010/125, art. 2(c)

F106 S. 53A(2)(b) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 35(2); S.I. 2012/2892, art. 2(i)

F107 Ss. 53A(3)(a)-(ab) substituted for s. 53A(3)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 35(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 14)

F108 S. 53A(5) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 35(4); S.I. 2012/2892, art. 2(i)

F109 S. 53A(6)(a) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 35(5); S.I. 2012/2892, art. 2(i)

F110 Words in s. 53A(7)(a) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 12(3), 116(1); S.I. 2010/125, art. 2(c)

Inspectors of constabulary E+W

54 Appointment and functions of inspectors of constabulary. E+W

(1) Her Majesty may appoint such number of inspectors (to be known as “Her Majesty’s Inspectors of Constabulary”) as the Secretary of State may with the consent of the Treasury determine, and of the persons so appointed one may be appointed as chief inspector of constabulary.

(2) The inspectors of constabulary shall inspect, and report F111 ... on the efficiency and effectiveness of, every police force maintained for a police area F112 ... F113 ... F114 ....

F115 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F116 (2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.]

[F117 (2BA) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

(2BB) Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.]

F118 (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F119 (2D) It shall be the duty of the chief inspector of constabulary—

(a) to enter into arrangements with the Independent Police Complaints Commission for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and that Commission; and

(b) to ensure that inspectors of constabulary provide that Commission with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by that Commission of its functions.]

(3) The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency and effectiveness as the Secretary of State may from time to time direct.

F120 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The chief inspector of constabulary shall in each year submit to the Secretary of State a report [F121 on the carrying out of inspections under this section], and the [F122 chief inspector] shall lay a copy of that report before Parliament.

[F123 (4A) A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.]

(5) The inspectors of constabulary shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.

[F124 (6) Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.]

Textual Amendments

F111 Words in s. 54(2) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F112 Word in s. 54(2) repealed (1.4.2002) by 2001 c. 16, ss. 137, 138(2), Sch. 7 Pt. 3; S.I. 2002/533, art. 2(e)

F113 Words in s. 54(2) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 71(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)

F114 Words in s. 54(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 8; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(7)(a)

F115 S. 54(2A) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(3), 157(1); S.I. 2012/2892, art. 2(a)

F116 S. 54(2B) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 71(3); S.I. 2006/378, art. 4(1), Sch. para. 10

F117 S. 54(2BA)(2BB) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F118 S. 54(2C) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F119 S. 54(2D) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 7 para. 15; S.I. 2004/913, art. 2(e)

F120 S. 54(3A) repealed (19.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 2(2), 116(1), Sch. 8 Pt. 1; S.I. 2010/999, arts. 2(d), 4 (as amended by S.I. 2010/1986, art. 3)

F121 Words in s. 54(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(6)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F122 Words in s. 54(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(6)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F123 S. 54(4A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 83(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F124 S. 54(6) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 29(1), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)

Modifications etc. (not altering text)

C2 S. 54 applied (1.4.2002) by 2001 c. 16, ss. 93(1), 138(2); S.I. 2002/533, art. 2(a)

C3 Ss. 54-56: power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(i), 53(1); S.I. 2005/1126, art. 2(1)

C4 Ss. 54-56: power to apply conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 29(2)(a), 58(1) (with s. 36(4))

C5 S. 54(2D) applied (10.12.2012) by The Customs (Inspections by Her Majestys Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012 (S.I. 2012/2840), regs. 1, 11(1)

55 Publication of reports. E+W

[F125 (1) The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.]

[F126 (2) But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—

(a) would be against the interests of national security, or

(b) might jeopardise the safety of any person.]

[F126 (2A) The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).]

[F127 (3) The inspectors of constabulary must send a copy of the published report to—

(a) the Secretary of State,

(b) the local policing body maintaining the police force to which the report relates,

(c) the chief officer of police of that police force, and

(d) any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.]

(4) The [F128 local policing body] shall invite the chief officer of police to submit comments on the published report to the [F129 body] before such date as it may specify.

(5) The [F130 local policing body] shall prepare comments on the published report and shall arrange for—

(a) its comments,

(b) any comments submitted by the chief officer of police in accordance with subsection (4), and

(c) any response which the [F131 body] has to the comments submitted by the chief officer of police,

to be published in such manner as appears to the [F131 body] to be appropriate.

(6) The [F132 local policing body] F133 ... shall send a copy of any document published under subsection (5) to the Secretary of State.

F134 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 S. 55(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F126 S. 55(2)(2A) substituted for s. 55(2) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F127 S. 55(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F128 Words in s. 55(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(5)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F129 Word in s. 55(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(5)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F130 Words in s. 55(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(6)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F131 Words in s. 55(5)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(6)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F132 Words in s. 55(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F133 Words in s. 55(6) repealed (3.7.2000) by virtue of 1999 c. 29, ss. 325, 423, Sch. 27 para. 96, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)) which provides that the words “(except where he is himself the police authority)" shall be repealed; S.I. 2000/1648, art. 2, Sch.

F134 S. 55(7) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 72, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)

F135 S. 55(8) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 84(8), 157(1); S.I. 2011/3019, art. 3, Sch. 1

Modifications etc. (not altering text)

C3 Ss. 54-56: power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(i), 53(1); S.I. 2005/1126, art. 2(1)

C4 Ss. 54-56: power to apply conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 29(2)(a), 58(1) (with s. 36(4))

C6 S. 55 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 63(6); S.I. 2004/1572, art. 3(tt)

56 Assistant inspectors and staff officers. E+W

(1) The Secretary of State may appoint assistant inspectors of constabulary.

(2) Members of a police force may be appointed by the Secretary of State to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.

(3) 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.

Modifications etc. (not altering text)

C3 Ss. 54-56: power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(i), 53(1); S.I. 2005/1126, art. 2(1)

C4 Ss. 54-56: power to apply conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 29(2)(a), 58(1) (with s. 36(4))

C7 S. 56 modified (29.4.2005) by The Revenue and Customs (Inspections) Regulations 2005 (S.I. 2005/1133), regs. 1, 10(1)

Central services E+W

57 Common services. E+W

(1) The Secretary of State may provide and maintain, or may contribute to the provision or maintenance of, such organisations, facilities and services as he considers necessary or expedient for promoting the efficiency or effectiveness of the police.

[F136 (1A) The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.

(1B) Financial assistance under subsection (1)—

(a) may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and

(b) may be given subject to terms and conditions determined by the Secretary of State;

but any financial assistance under that subsection other than a grant requires the consent of the Treasury.

(1C) Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.

(1D) Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.]

(2) Charges may be made for the use of facilities and services provided by the Secretary of State (or by organisations provided or maintained by him) under subsection (1).

(3) The Secretary of State may by regulations make provision for requiring [F137 one or more police forces] to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1)) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.

[F138 (3A) Regulations under this section relating to all police forces may also require the [F139 Serious Organised Crime Agency] to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the [F140 Agency for the Agency ] to do so.]

(4) Before making regulations under this section, the Secretary of State shall consult—

[F141 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(aa) the Mayor's Office for Policing and Crime,

(ab) the Common Council,]

(b) the Association of Chief Police Officers; and

[F142 (c) if the regulations relate to the Serious Organised Crime Agency, that Agency.]

F143 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 S. 57(1A)-(1D) inserted (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 128(1), 153(1)(c) (with s. 128(2))

F137 Words in s. 57(3) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 13, 116(1); S.I. 2010/125, art. 2(d)

F138 S. 57(3A) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 78(2); S.I. 1998/354, art. 2(2)(ay)

F139 Words in s. 57(3A) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 73(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10

F140 Words in s. 57(3A) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 73(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

F141 S. 57(4)(a)-(ab) substituted for s. 57(4)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 36(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 15)

F142 S. 57(4)(c) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 73(3); S.I. 2006/378, art. 4(1), Sch. para. 10

F143 S. 57(5)(6) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 36(3); S.I. 2012/2892, art. 2(i)

58 Research. E+W

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 or effectiveness of the police.