Police Act 1996

SCHEDULES

Section 1.

SCHEDULE 1 E+W Police areas

England (except London) E+W

Name of police area	Extent
Avon and Somerset	The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire
Bedfordshire	[F1 The non-metropolitan districts of Bedford, Central Bedfordshire and Luton]
Cambridgeshire	The county of Cambridgeshire [F2 and the non-metropolitan district of Peterborough]
Cheshire	[F3 The non-metropolitan districts of Cheshire East, Cheshire West and Chester, Halton and Warrington]
Cleveland	The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees
Cumbria	The county of Cumbria
Derbyshire	The county of Derbyshire and the non-metropolitan district of Derby
Devon and Cornwall	The counties of Devon and Cornwall [F4 , the non-metropolitan districts of Plymouth and Torbay]and the Isles of Scilly
Dorset	The county of Dorset and the non-metropolitan districts of Bournemouth and Poole
Durham	The county of Durham and the non-metropolitan district of Darlington
Essex	The county of Essex [F5 and the non-metropolitan districts of Southend-on-Sea and Thurrock]
Gloucestershire	The county of Gloucestershire
Greater Manchester	The metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan
Hampshire	The counties of Hampshire and Isle of Wight and the non-metropolitan districts of Portsmouth and Southampton
Hertfordshire	The county of Hertfordshire
Humberside	The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire
Kent	The county of Kent [F6 and the non-metropolitan district of Medway Towns]
Lancashire	The county of Lancashire [F7 and the non-metropolitan districts of Blackburn with Darwen and Blackpool]
Leicestershire	The county of Leicestershire and the non-metropolitan districts of Leicester and Rutland
Lincolnshire	The county of Lincolnshire
Merseyside	The metropolitan districts of Knowsley, Liverpool, St. Helens, Sefton and Wirral
Norfolk	The county of Norfolk
Northamptonshire	The county of Northamptonshire
Northumbria	The county of Northumberland and the metropolitan districts of Gateshead, Newcastle upon Tyne, North Tyneside, South Tyneside and Sunderland
North Yorkshire	The county of North Yorkshire and the non-metropolitan district of York
Nottinghamshire	The county of Nottinghamshire [F8 and the non-metropolitan district of Nottingham]
South Yorkshire	The metropolitan districts of Barnsley, Doncaster, Rotherham and Sheffield
Staffordshire	The county of Staffordshire and the non-metropolitan district of Stoke-on-Trent
Suffolk	The county of Suffolk
Surrey	The county of Surrey
Sussex	The counties of East Sussex and West Sussex and the non-metropolitan district of Brighton and Hove
Thames Valley	The counties of Berkshire, Buckinghamshire and Oxfordshire and the non-metropolitan district of Milton Keynes
Warwickshire	The county of Warwickshire
West Mercia	The counties of F9 . . . Shropshire [F10 and Worcestershire and the non-metropolitan districts of Herefordshire and The Wrekin]
West Midlands	The metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton
West Yorkshire	The metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield
Wiltshire	The county of Wiltshire and the non-metropolitan district of Thamesdown

Textual Amendments

F1 Words in Sch. 1 substituted (1.4.2009) by The Local Government (Structural Changes) (Areas and Membership of Public Bodies in Bedfordshire and Cheshire) Order 2009 (S.I. 2009/119), arts. 1(1), 3

F2 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1846, art. 3

F3 Words in Sch. 1 substituted (1.4.2009) by The Local Government (Structural Changes) (Areas and Membership of Public Bodies in Bedfordshire and Cheshire) Order 2009 (S.I. 2009/119), arts. 1(1), 6

F4 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1849, art. 3

F5 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1847, art. 3

F6 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1857, art. 3

F7 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1855, art. 3

F8 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1850, art. 3

F9 Words in entry in Sch. 1 omitted (1.4.1998) by S.I. 1997/1844, art. 3(a)

F10 Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1844, art. 3(b)

Wales E+W

Name of police area	Extent
Dyfed Powys	The counties of [F11 Ceredigion], Carmarthenshire, Pembrokeshire and Powys
Gwent	The county of Monmouthshire and the county boroughs of Blaenau Gwent, Caerphilly, Newport and Torfaen
North Wales	[F12 The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.]
South Wales	The counties of Cardiff and Swansea and the county boroughs of Bridgend, Merthyr Tydfil, [F13 Neath Port Talbot], Rhondda, Cynon, Taff and the Vale of Glamorgan

Textual Amendments

F11 Word in entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(b); S.I. 1997/1377, art. 2(2)(i)

F12 Entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(c); S.I. 1997/1377, art. 2(2)(i)

F13 Words in entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(d); S.I. 1997/1377, art. 2(2)(i)

Section 4

F14 SCHEDULE 2 U.K. Police authorities established under section 3

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

Textual Amendments

F14 Sch. 2 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 46; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 16)

Section 5C

F15 SCHEDULE 2A U.K. The Metropolitan police authority

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

Textual Amendments

F15 Sch. 2A omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 46; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 16)

Section 4.

F16 SCHEDULE 3 E+W Police authorities: selection of independent members

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

Textual Amendments

F16 Sch. 3 repealed (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 6, Sch. 15 Pt. 1(B); S.I. 2006/3364, art. 2(b)(l) (with art. 3)

F17 SCHEDULE 3A U.K. Police authorities: selection of lay justice members

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

Textual Amendments

F17 Sch. 3A repealed (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 6, Sch. 15 Pt. 1(B); S.I. 2006/3364, art. 2(b)(l) (with art. 3)

[F18 SCHEDULE 4 U.K. Form of Declaration

Textual Amendments

F18 Sch. 4 substituted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 83, 108(2)-(5); S.I. 2002/2306, art. 2(f)(ii)

’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’]

Section 54

F19 [F20 SCHEDULE 4A U.K. Further provision about Her Majesty's Inspectors of Constabulary

Textual Amendments

F19 Sch. 4A paras. 6A-6F and cross-headings substituted for Sch. 4A paras. 6A, 6B and cross-headings (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 36(1), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F20 Sch. 4A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 29(2), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 4A modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(4)

Delegation of functions U.K.

1 (1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority. U.K.

(2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector.

(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks U.K.

2 (1) F21 The chief inspector of constabulary shall from time to time ... prepare— U.K.

(a) a document setting out what inspections [F22 the inspectors of constabulary propose] to carry out (an “inspection programme”);

(b) a document setting out the manner in which [F23 they propose to carry out their] functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(c) [F24 Her Majesty’s Chief Inspector of Probation for England and Wales],

F25 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

F26 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27 (g) the Care Quality Commission,]

F28 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to [F29 the Secretary of State] a copy of each programme or framework once it is prepared.

[F30 (2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and

(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).]

(3) The requirement in sub-paragraph (2) to consult, and [F31 under sub-paragraph (2A)(c)] to send copies to, a person or body listed in paragraphs (a) to (j) of [F32 sub-paragraph (2)] is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

F33 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 (4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.

(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—

(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and

(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.]

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

[F35 (6) The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)).

(7) Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult —

(a) the Secretary of State, and

(b) the local policing body for the police force to which the inspection relates.]

Textual Amendments

F21 Words in Sch. 4A para. 2(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F22 Words in Sch. 4A para. 2(1)(a) substituted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(a), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F23 Words in Sch. 4A para. 2(1)(b) substituted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(b), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F24 Words in Sch. 4A para. 2(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)

F25 Sch. 4A para. 2(2)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(a) (with art. 2)

F26 Sch. 4A para. 2(2)(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36

F27 Sch. 4A para. 2(2)(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F28 Sch. 4A para. 2(2)(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(2); S.I. 2015/841, art. 3(x)

F29 Words in Sch. 4A para. 2(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F30 Sch. 4A para. 2(2A)(2B) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F31 Words in Sch. 4A para. 2(3) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F32 Words in Sch. 4A para. 2(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F33 Sch. 4A para. 2(4) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F34 Sch. 4A para. 2(4A)-(4C) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F35 Sch. 4A para. 2(6)(7) inserted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(c), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

Modifications etc. (not altering text)

C2 Sch. 4A para. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(5), 61(2); S.I. 2013/1682, art. 3(o)

Inspections by other inspectors of organisations within remit of inspectors of constabulary U.K.

3 (1) If— U.K.

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(c) [F36 Her Majesty’s Inspectorate of Probation for England and Wales] ;

[F37 (d) the Care Quality Commission;]

F38 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by order amend sub-paragraph (2).

(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.

(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

(9) The Secretary of State, if satisfied that the proposed inspection—

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(c) provision prescribing circumstances in which notices are, or are not, to be made public;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Textual Amendments

F36 Words in Sch. 4A para. 3(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)

F37 Sch. 4A para. 3(2)(d) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(3); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F38 Sch. 4A para. 3(2)(e) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(3); S.I. 2015/841, art. 3(x)

Co-operation U.K.

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

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(c) [F39 Her Majesty’s Inspectorate of Probation for England and Wales],

F40 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

F41 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42 (g) the Care Quality Commission,]

F43 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.

Textual Amendments

F39 Words in Sch. 4A para. 4(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)

F40 Sch. 4A para. 4(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(b) (with art. 2)

F41 Sch. 4A para. 4(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36

F42 Sch. 4A para. 4(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F43 Sch. 4A para. 4(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(4); S.I. 2015/841, art. 3(x)

Modifications etc. (not altering text)

C3 Sch. 4A para. 4 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(2)

Joint action U.K.

5 (1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions. U.K.

(2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

(a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(c) [F44 Her Majesty’s Chief Inspector of Probation for England and Wales];

F45 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Textual Amendments

F44 Words in Sch. 4A para. 5(3)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)

F45 Sch. 4A para. 5(3)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(c) (with art. 2)

Modifications etc. (not altering text)

C4 Sch. 4A para. 5 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, 12

C5 Sch. 4A para. 5 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(5), 61(2); S.I. 2013/1682, art. 3(o)

Assistance for other public authorities U.K.

6 (1) The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. U.K.

[F46 (1A) The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).]

[F47 (2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.]

Textual Amendments

F46 Sch. 4A para. 6(1A) inserted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(5)(a); S.I. 2014/900, art. 2(l)(ii)

F47 Sch. 4A para. 6(2) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(5)(b); S.I. 2014/900, art. 2(l)(ii)

[F19 Powers of inspectors to obtain information etc] U.K.

6A [F19 (1) An inspector may serve on a person a notice requiring the person— U.K.

(a) to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54;

(b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes.

This is subject to sub-paragraphs (6) to (9).

(2) A notice under this paragraph must—

(a) specify or describe the information, documents, evidence or other things that are required by the inspector;

(b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up;

(c) where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal.

(3) In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought.

(4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

(5) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) the Government Communications Headquarters,

(d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities,

(e) the Crown Prosecution Service,

(f) the Service Prosecuting Authority, or

(g) the Serious Fraud Office.

(7) A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if—

(a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or

(b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

(8) A notice under this paragraph must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

(d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(9) A notice under this paragraph must not require a postal or telecommunications operator to provide communications data.

(10) In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

(11) In this paragraph—

• “document” means anything in which information of any description is recorded;

• “inspector” means—

  (a)

  an inspector of constabulary,

  (b)

  a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

  (c)

  a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph.]

Modifications etc. (not altering text)

C6 Sch. 4A para. 6A applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 7

C7 Sch. 4A para. 6A applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 6

C8 Sch. 4A para. 6A applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 8

[F19 Powers of inspectors to obtain access to police premises] U.K.

6B [F19 (1) An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to— U.K.

(a) premises that are occupied (wholly or partly) for the purposes of—

(i) a police force,

(ii) a local policing body,

(iii) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or

(iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and

(b) documents and other things on those premises.

(2) A notice under this paragraph must—

(a) specify or describe the premises to which the inspector requires access;

(b) specify the time when access is required (which may be immediately after the service of the notice).

(3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

(4) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(5) In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph).]

Modifications etc. (not altering text)

C9 Sch. 4A para. 6B applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 8

C10 Sch. 4A para. 6B applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 7

C11 Sch. 4A para. 6B applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 6

[F19 Failure to comply with notice under paragraph 6A or 6B U.K.

6C (1) If a person who has received a notice under paragraph 6A or 6B— U.K.

(a) fails or refuses without reasonable excuse to do what is required by the notice, or

(b) (in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice.

(2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Appeals against notices under paragraph 6A U.K.

6D (1) A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law. U.K.

(2) The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is—

(a) a member of a police force;

(b) a special constable;

(c) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);

[F48 (ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;]

(d) a local policing body or a person employed by a local policing body;

(e) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions;

(f) a person employed by a person providing services as mentioned in paragraph (e);

(g) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force.

(3) If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal.

(4) If the Tribunal considers that the notice is not in accordance with the law—

(a) it must quash the notice, and

(b) it may give directions regarding the service of a further notice under paragraph 6A.

Textual Amendments

F48 Sch. 4A para. 6D(2)(ca) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 43(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(i) (as amended by S.I. 2017/1162, reg. 2)

Sensitive information: restriction on further disclosure U.K.

6E (1) Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. U.K.

(2) The information is—

(a) intelligence service information;

(b) protected information relating to a relevant warrant;

(c) information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(3) Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another.

(5) In this paragraph—

• “government department” means a department of Her Majesty's Government but does not include—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  the Government Communications Headquarters (“GCHQ”);

• “inspector” means—

  (a)

  an inspector of constabulary,

  (b)

  a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

  (c)

  a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise);

• “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  GCHQ, or

  (d)

  any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

• “Minister of the Crown” includes the Treasury;

• “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

• “relevant authority” means—

  (a)

  in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

  (b)

  in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

  (c)

  in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

  (d)

  in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;

  (e)

  in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

  (f)

  in the case of information within sub-paragraph (2)(c)—

  (i)

  the Secretary of State, or

  (ii)

  the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

• “relevant warrant” means—

  (a)

  a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

  (b)

  a warrant under Chapter 1 of Part 6 of that Act.

Provision of sensitive information to inspectors U.K.

6F (1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must— U.K.

(a) make the inspector aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

(b) provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.

(2) In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.]

Orders under this Schedule U.K.

7 U.K. A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Section 64A

[F49 SCHEDULE 4B U.K. The Police Remuneration Review Body

Textual Amendments

F49 Sch. 4B inserted (E.W.N.I.) (1.9.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 132(2), 185(1), Sch. 7 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(b)

Interpretation U.K.

1 U.K. In this Schedule “review body” means the Police Remuneration Review Body.

Members of the review body U.K.

2 U.K. The Secretary of State shall determine how many members the review body should have and what kinds of experience the members should possess.

3 U.K. Members shall hold and vacate office in accordance with the terms of their appointment.

4 U.K. Members shall adhere to any statement of principles issued by the Secretary of State as to their conduct as members.

Resignation of members U.K.

5 (1) The chair of the review body may resign by giving written notice to the Prime Minister. U.K.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6 (1) The deputy chair of the review body may resign by giving written notice to the Secretary of State. U.K.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7 U.K. A member other than the chair or deputy chair may resign by giving written notice to the Secretary of State.

Dismissal of members U.K.

8 (1) The Prime Minister may by written notice dismiss the chair on the ground that— U.K.

(a) the chair has been [F50 made] bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;

(b) in the opinion of the Prime Minister the chair is unable, unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) as both chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).

Textual Amendments

F50 Word in Sch. 4B para. 8(1)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

9 (1) The Secretary of State may by written notice dismiss the deputy chair on the ground that— U.K.

(a) the deputy chair has been [F51 made] bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;

(b) in the opinion of the Secretary of State the deputy chair is unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as deputy chair, or

(b) as both deputy chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).

Textual Amendments

F51 Word in Sch. 4B para. 9(1)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

10 U.K. The Secretary of State may by written notice dismiss a member other than the chair or deputy chair on the ground that—

(a) the member has been [F52 made] bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors, or

(b) in the opinion of the Secretary of State the member is unable, unfit or unwilling to perform the functions of a member.

Textual Amendments

F52 Word in Sch. 4B para. 10(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

Procedure U.K.

11 (1) Subject to sub-paragraph (2), the review body shall determine its own procedure. U.K.

(2) The Secretary of State may give directions to the review body as to its procedure, including in particular directions about—

(a) the persons from whom the review body is to obtain evidence;

(b) the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the position of chair);

(b) a defect in a person's appointment.

Matters to be considered U.K.

12 U.K. The Secretary of State may give directions to the review body about the matters that it is to consider when making decisions.

Consultation U.K.

13 (1) The Secretary of State shall consult with the persons and bodies listed in sub-paragraph (2), and any others that the Secretary of State thinks fit, before— U.K.

(a) making or revising a determination under paragraph 2;

(b) issuing or revising a statement of principles under paragraph 4;

(c) giving or revising a direction under paragraph 11(2) or 12.

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;

(b) persons whom the Secretary of State considers to represent the views of chief officers of police and of the Chief Constable of the Police Service of Northern Ireland;

(c) persons whom the Secretary of State considers to represent the interests of members of police forces;

(d) persons whom the Secretary of State considers to represent the interests of members of the Police Service of Northern Ireland;

(e) persons whom the Secretary of State considers to represent the views of the persons and bodies who between them maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Minister shall consult with the Department of Justice in Northern Ireland before exercising a power of dismissal under paragraph 8, 9 or 10.

Publication U.K.

14 U.K. The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2 (and of any revised determination);

(b) any statement of principles issued under paragraph 4 (and any revised statement);

(c) any direction given under paragraph 11(2) or 12 (and any revised direction).

Money U.K.

15 U.K. The Secretary of State or the Department of Justice in Northern Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(c) may make payments to or in respect of a member by way of or in connection with—

(i) a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a member if it seems to the Secretary of State or the Department to be right to do so by reason of special circumstances.]

Section 66.

F53 SCHEDULE 5 E+W+S The Police Complaints Authority

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

Textual Amendments

F53 Sch. 5 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/913, art. 2(f)(iv)

Section 85.

SCHEDULE 6 E+W Appeals to police appeals tribunals

Modifications etc. (not altering text)

C12 Sch. 6 applied (1.4.1998) by 1997 c. 50, s. 82(2); S.I. 1998/354, art. 2(2)(ap)

Police appeals tribunals E+W

1 (1) In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the [F54 Secretary of State] [F54 relevant person], of whom— E+W

(a) one shall be a person chosen from a list of persons who [F55 satisfy the judicial-appointment eligibility condition on a 5-year basis] and have been nominated by the Lord Chancellor for the purposes of this Schedule,

[F56 (b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Textual Amendments

F54 Words in Sch. 6 para. 1(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(2), 183(1)(5)(e)

F55 Words in Sch. 6 para. 1(1)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 27; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F56 Sch. 6 para. 1(1)(b)(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(2); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

2 [F57 (1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of [F58 three members] appointed by the [F59 [F60 relevant local policing body]] [F59 relevant person], of whom— E+W

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer, [F61 and]

F62 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) [F63 one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.]]

[F64 (e) one shall be a lay person.]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Textual Amendments

F57 Sch. 6 para. 2(1) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(3); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F58 Words in Sch. 6 para. 2(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F59 Words in Sch. 6 para. 2(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(a), 183(1)(5)(e)

F60 Words in Sch. 6 para. 2(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F61 Word in Sch. 6 para. 2(1)(b) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(c); S.I. 2011/3019, art. 3, Sch. 1

F62 Sch. 6 para. 2(1)(c) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(d); S.I. 2011/3019, art. 3, Sch. 1

F63 Sch. 6 para. 2(1)(d) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(3)(b), 183(1)(5)(e)

F64 Sch. 6 para. 2(1)(e) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(c), 183(1)(5)(e)

[F65 2A (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State. E+W

(2) Rules under sub-paragraph (1) may make—

(a) different provision for different cases and circumstances;

(b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.

(3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F65 Sch. 6 para. 2A inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(4), 183(1)(5)(e)

Notice of appeal E+W

3 E+W An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85.

Respondent E+W

4 E+W On any appeal the respondent shall be such person as may be prescribed by rules made under section 85.

Casting vote E+W

5 E+W Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing E+W

F66 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 6 para. 6 repealed (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(4), Sch. 28 Pt. 8; S.I. 2008/2993, art. 2(1)(h)(ii)(k)(i) (with art. 3)

Effect of orders E+W

7 [F67 (1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— E+W

(a) by way of substitution for the decision appealed against, and

(b) as from the date of that decision.]

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Textual Amendments

F67 Sch. 6 para. 7(1) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(5); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

Remuneration and expenses E+W

8 E+W Members of a police appeals tribunal shall be—

(a) paid such remuneration, and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Costs E+W

9 (1) An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the [F68 relevant local policing body]. E+W

(2) Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the [F68 relevant local policing body ] .

Textual Amendments

F68 Words in Sch. 6 para. 9 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(3); S.I. 2011/3019, art. 3, Sch. 1

Interpretation E+W

10 E+W In this Schedule—

(a) “senior officer” means a member of a police force holding a rank above that of [F69 chief] superintendent,

[F70 (aa) lay person” means a person who is not, and has never been—

(i) a member of a police force or a special constable,

(ii) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act),

(iii) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London,

[F71 (iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,]

(iv) a police and crime commissioner,

(v) a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act),

(vi) a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act),

(vii) a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(viii) a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003,

(ix) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(x) a member of the Ministry of Defence Police,

(xi) a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police,

(xii) a member of the Civil Nuclear Constabulary, or

(xiii) an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004,]

[F72 (b) [F73 “relevant local policing body” [F74 , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B),] means the local policing body] which maintains—

(i) the police force of which the appellant is a member, or

(ii) the police force for the area for which the appellant is appointed as a special constable,

as the case may be.]

[F75 (ba) the relevant local policing body”, in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains—

(i) the police force of which the appellant was last a member, or

(ii) the police force for the area for which the appellant was last appointed as a special constable,

as the case may be.]

[F76 (c) [F77 “appropriate staff association” means—

(i) where the appellant was, immediately before the proceedings from which the appeal is brought, of the rank of chief superintendent or superintendent, the Police Superintendents' Association of England and Wales; and

(ii) in any other case, the Police Federation of England and Wales.]]

Textual Amendments

F69 Word in Sch. 6 para. 10(a) inserted (1.1.2002) by 2001 c. 16, s. 125(5)(a)(6); S.I. 2001/3736, art. 3(a)

F70 Sch. 6 para. 10(aa) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(5)(a), 183(1)(5)(e)

F71 Sch. 6 para. 10(aa)(iiia) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 41(4), 183(1)(5)(e); S.I. 2017/1139, reg. 2(g) (as amended by S.I. 2017/1162, reg. 2)

F72 Sch. 6 para. 10(b) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(6)(a); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F73 Words in Sch. 6 para. 10(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(4); S.I. 2011/3019, art. 3, Sch. 1

F74 Words in Sch. 6 para. 10(b) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(6)(a), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F75 Sch. 6 para. 10(ba) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(6)(b), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F76 Sch. 6 para. 10(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(6)(b); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F77 Sch. 6 para. 10(c) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(5)(b), 183(1)(5)(e)

Section 103.

SCHEDULE 7 U.K. Consequential amendments

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

1 (1) In the provisions referred to in sub-paragraph (2), for “section 3 of the Police Act 1964", in each place where it occurs, there shall be substituted “ section 3 of the Police Act 1996 ”. U.K.

(2) The provisions referred to in sub-paragraph (1) are—

(a) section 11(4)(a) of, and paragraph 9(d) of Part II of Schedule 1 to, the M1 Trustee Investments Act 1961;

(b) sections 2(6) and 8(1) of the M2 Local Government (Records) Act 1962;

(c) section 11(2) of the M3 Local Government Act 1966;

(d) section 28(5)(a) of the M4 Leasehold Reform Act 1967;

(e) section 1(3) of the M5 Local Government Grants (Social Need) Act 1969;

F78 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the definition of “public body" in section 1(4) of the M6 Local Authorities (Goods and Services) Act 1970;

(h) sections 98(1A), 99, 100J(1)(e) and (4)(a), 146A(1) and (1A), 223(2), 228(7A), 229(8), 231(4), 232(1A), 233(11) and 234(4) of, and paragraphs 6A(1), 6B(b) and 46 of Schedule 12 to, the M7 Local Government Act 1972;

(i) section 13(7)(f) of the M8 Employment Agencies Act 1973;

(j) section 25(1)(ca) of the M9 Local Government Act 1974;

(k) paragraph (a) of the definition of “local authority" in section 44(1) of the M10 Local Government (Miscellaneous Provisions) Act 1976;

F79 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) section 5(3)(baa) of the M11 Rent (Agriculture) Act 1976;

(n) section 14(caa) of the M12 Rent Act 1977;

F80 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) paragraphs (a)(i) and (aa) of the definition of “local authority" in section 20(1) of the M13 Local Government, Planning and Land Act 1980 and section 99(4)(dc) of, and paragraph 5C of Schedule 16 to, that Act;

(q) paragraphs (a) and (b) of the definition of “local authority" in section 17(4) of the M14 Acquisition of Land Act 1981;

(r) section 33(9)(a) of, and paragraph (ca) of the definition of “local authority" in section 41(13) of, the M15 Local Government (Miscellaneous Provisions) Act 1982;

F81 (s) . . .

(t) paragraph 7(1)(ba) of Schedule 1 to the M16 Stock Transfer Act 1982;

(u) the definition of “local authority" in section 60(3) of the M17 County Courts Act 1984;

(v) section 4(e) of the M18 Housing Act 1985;

(w) the definition of “local authority" in section 106(1) of the M19 Housing Associations Act 1985;

(x) the definition of “local authority" in section 38 of the M20 Landlord and Tenant Act 1985;

(y) sections 6(2)(a) and 9(1)(a) of the M21 Local Government Act 1986;

(z) section 58(1)(a) of the M22 Landlord and Tenant Act 1987;

(za) section 1(1)(e) of, and Schedule 2 to, the M23 Local Government Act 1988;

(zb) sections 111(2)(e) and 112(2)(a) of the M24 Local Government Finance Act 1988;

(zc) paragraph 12(2)(g) of Schedule 1 to the M25 Housing Act 1988;

(zd) sections 5(1), 21(1)(g), F82 ... 67(3)(i), 101(3)(ea), 155(4)(ea) and 157(6)(g) of the M26 Local Government and Housing Act 1989;

(ze) the definition of “local authority" in section 252(12) of the M27 Town and Country Planning Act 1990;

(zf) sections 19(3)(c), 39(1)(b) F83 . . .of the M28 Local Government Finance Act 1992.

Textual Amendments

F78 Sch. 7 Pt. I para. 1(2)(f) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. Table

F79 Sch. 7 Pt. I para. 1(2)(l) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F80 Sch. 7 para. 1(2)(o) repealed (19.6.1997) by 1997 c. 25, s. 73(3), Sch. 6 Pt. I

F81 Sch. 7 para. 1(2)(s) repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F82 Words in Sch. 7 para. 1(2)(zd) repealed (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1st April 2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/3034, art. 2, Sch. 1 Pt. 1; S.I. 2003/2938, art. 7(e)(vii) (with art. 8, Sch.)

F83 Words in Sch. 7(Zf) repealed (27.7.1999) by 1999 c. 27, s. 34, Sch. 2(2)

Marginal Citations

M1 1961 c. 62.

M2 1962 c. 56.

M3 1966 c. 42.

M4 1967 c. 88.

M5 1969 c. 2.

M6 1970 c. 39.

M7 1972 c. 70.

M8 1973 c. 35.

M9 1974 c. 7.

M10 1976 c. 57.

M11 1976 c. 80.

M12 1977 c. 42.

M13 1980 c. 65.

M14 1981 c. 67.

M15 1982 c. 30.

M16 1982 c. 41.

M17 1984 c. 28.

M18 1985 c. 51.

M19 1985 c. 69.

M20 1985 c. 70.

M21 1986 c. 10.

M22 1987 c. 31.

M23 1988 c. 9.

M24 1988 c. 41.

M25 1988 c. 50.

M26 1989 c. 42.

M27 1990 c. 8.

M28 1992 c. 14.

Part II U.K. Other consequential amendments

Pedlars Act 1871 (c. 96) E+W+S

2 E+W+S In section 5 of the Pedlars Act 1871, in paragraph 1 for “of the police district” there shall be substituted “ for the police area ”.

3 E+W+S In section 8 of that Act—

(a) for “police district” there shall be substituted “ police area ”, and

(b) for “such district” there shall be substituted “ the area ”.

4 E+W+S In section 9 of that Act for “police district”, in both places where it occurs, there shall be substituted “ police area ”.

5 E+W+S In section 21 of that Act for “district” there shall be substituted “ police area ”.

6 E+W+S In Schedule 2 to that Act for “police district” in each place where it occurs in Form A and Form B there shall be substituted “ police area ”.

Parks Regulation Act 1872 (c. 15) U.K.

7 U.K. In section 7 of the Parks Regulation Act 1872 for “police district” there shall be substituted “ police area ”.

8 U.K. In section 8 of that Act for “of the district” there shall be substituted “ for the police area ”.

Riot (Damages) Act 1886 (c. 38) E+W

F84 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 7 paras. 9-11 omitted (6.4.2017) by virtue of Riot Compensation Act 2016 (c. 8), ss. 10(3)(c), 12(1)(2); S.I. 2017/379, reg. 2

F84 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 7 paras. 9-11 omitted (6.4.2017) by virtue of Riot Compensation Act 2016 (c. 8), ss. 10(3)(c), 12(1)(2); S.I. 2017/379, reg. 2

F84 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 7 paras. 9-11 omitted (6.4.2017) by virtue of Riot Compensation Act 2016 (c. 8), ss. 10(3)(c), 12(1)(2); S.I. 2017/379, reg. 2

Local Government Act 1958 (c. 55) E+W

12 E+W In section 60(2) of the Local Government Act 1958 after “Part I of the Police Act 1964” there shall be inserted “ or section 32 of the Police Act 1996 ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28) U.K.

13 (1) Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for “section 35 of the Police Act 1964” there shall be substituted “ section 52 of the Police Act 1996 ”, and

(b) in paragraph (a) for “section 17 of that Act” there shall be substituted “ section 28 of that Act ”.

(3) In subsection (3) for “sections 35 and 17 of the Police Act 1964” there shall be substituted “ sections 52 and 28 of the Police Act 1996 ”.

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

14 (1) Section 26 of the Police (Scotland) Act 1967 shall be amended as follows. S

(2) In subsection (2)(i) for “section 47 of the Police Act 1964” there shall be substituted “ section 64 of the Police Act 1996 ”.

(3) In subsection (9) for the words from “other than” to “1980” there shall be substituted “ other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 ”.

15 S In section 39(4) of that Act, for “or section 141 of the Criminal Justice and Public Order Act 1994” there shall be substituted “ or section 98 of the Police Act 1996 ”.

Firearms Act 1968 (c. 27) E+W+S

16 E+W+S In Schedule 1 to the Firearms Act 1968, in paragraph 5 for “section 51(1) of the Police Act 1964” there shall be substituted “ section 89(1) of the Police Act 1996 ”.

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

F85 17 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 7 para. 17 repealed (1.4.1999) by 1998 c. 32, s. 74(2)(3), Schs. 5, 6; S.R. 1999/176, art. 3 (with art. 4)

Pensions (Increase) Act 1971 (c. 56) E+W+S

18 (1) Schedule 2 to the Pensions (Increase) Act 1971 shall be amended as follows. E+W+S

(2) In paragraph 15—

(a) in sub-paragraph (b) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”,

(b) in sub-paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

(c) in sub-paragraph (c) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

(d) for sub-paragraph (d) there shall be substituted—

“(d) was engaged—

(i) on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(ii) on central service pursuant to section 38 of the Police (Scotland) Act 1967.”

(3) In paragraph 43, for sub-paragraph (b) there shall be substituted—

“(b) section 51 or 52 of the Police Act 1996;”.

(4) In paragraph 51(a) for “section 10 of the Police Act 1964” there shall be substituted “ section 15 of the Police Act 1996 ”.

Superannuation Act 1972 (c. 11) U.K.

19 E+W+S In section 15(5)(b) of the Superannuation Act 1972 for “section 34 or 35 of the Police Act 1964” there shall be substituted “ section 51 or 52 of the Police Act 1996 ”.

20 U.K. Schedule 1 to that Act shall continue to have effect with the following entry (originally inserted by paragraph 7(1) of Schedule 4 to the M29 Police and Criminal Evidence Act 1984) in the list of “Other Bodies”— “ Police Complaints Authority ”.

Marginal Citations

M29 1984 c. 60.

Local Government Act 1972 (c. 70) E+W

21 E+W In section 94(5)(b) of the Local Government Act 1972 for “or paragraph 26 of Schedule 1B to the Police Act 1964" there shall be substituted “ or paragraph 25 of Schedule 2 to the Police Act 1996 ”.

Overseas Pensions Act 1973 (c. 21) U.K.

22 U.K. In section 2(2)(d)(i) of the Overseas Pensions Act 1973 for the words from “section 53C(1)(a), (c) or (e)” to “1980)” there shall be substituted “ section 97(1)(a), (e) or (g) of the Police Act 1996 (service under section 26 of the Police Act 1996, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980) ”.

Juries Act 1974 (c. 23) E+W

F86 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 7 para. 23 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(l)(iv)

House of Commons Disqualification Act 1975 (c. 24) U.K.

24 U.K. In section 1(3) of the House of Commons Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25) N.I.

25 U.K. In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51) E+W

26 E+W In Schedule 3 to the Salmon and Freshwater Fisheries Act 1975, in Part III, in paragraph 39(1)(c) for “section 15 of the Police Act 1964” there shall be substituted “ section 25 of the Police Act 1996 ”.

Sex Discrimination Act 1975 (c. 65) E+W+S

27 (1) Section 17 of the Sex Discrimination Act 1975 shall be amended as follows. E+W

(2) In subsection (2) for “section 33, 34 or 35 of the Police Act 1964” there shall be substituted “ section 50, 51 or 52 of the Police Act 1996 ”.

(3) In subsection (7) for “the Police Act 1964”, in each place where it occurs, there shall be substituted “ the Police Act 1996 ”.

(4) In subsection (8)—

(a) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

(b) for “sections 33, 34 and 35” there shall be substituted “ sections 50, 51 and 52 ”.

Police Pensions Act 1976 (c.35) E+W+S

28 E+W+S [F87 Section 1(1) of the M30 Police Pensions Act 1976 shall continue to have effect with a reference to the Police Negotiating Board for the United Kingdom substituted for the reference to the Police Council for the United Kingdom (the substitution originally made by section 2(3) of the M31 Police Negotiating Board Act 1980).]

Textual Amendments

F87 Sch. 7 para. 28 repealed (1.9.2014 for E.W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 3(c)

Marginal Citations

M30 1980 c. 10.

M31 1980 c.10.

29 (1) Section 7(2) of that Act shall be amended as follows. E+W+S

(2) In paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”.

(3) In paragraph (bb) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”.

30 (1) Section 11 of that Act (interpretation) shall be amended as follows. E+W+S

(2) In subsection (1)—

(a) in paragraph (aa) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

(b) in paragraph (ab) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”, and

(c) for paragraph (c) there shall be substituted—

“(c) central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) section 38A of the Police (Scotland) Act 1967 have effect.”.

(3) In subsection (2) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

(4) In subsection (3) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

(5) In subsection (5) for the definition of “central service” there shall be substituted—

““central service”—

(a) means relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(b) has the meaning given in section 38(5) of the Police (Scotland) Act 1967,

(as the case may require).”

Race Relations Act 1976 (c. 74) E+W+S

F88 31 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 7 para. 31 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Interpretation Act 1978 (c. 30) U.K.

32 U.K. In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “police area” etc., for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Finance Act 1981 (c. 35) U.K.

33 U.K. In section 107(3)(k) of the Finance Act 1981 for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Police and Criminal Evidence Act 1984 (c. 60) E+W

34 E+W In section 5(1) of the Police and Criminal Evidence Act 1984 for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or”.

35 E+W In section 50(2) of that Act for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or”.

36 E+W In section 55(14) of that Act for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or”.

F89 37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 7 para. 37 repealed (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 1 (with s. 97); S.I. 2013/2104, art. 3(d)

38 E+W In section 77(3) of that Act, in the definition of “police purposes”, for “section 64 of the Police Act 1964“ there shall be substituted “ section 101(2) of the Police Act 1996” ”.

Prosecution of Offences Act 1985 (c. 23) E+W

39 E+W In section 3(3) of the Prosecution of Offences Act 1985, in the definition of “police force”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Housing Act 1985 (c. 68) E+W

40 E+W In Schedule 1 to the Housing Act 1985, in paragraph 2(2), for “section 33 of the Police Act 1964” there shall be substituted “ section 50 of the Police Act 1996 ”.

Ministry of Defence Police Act 1987 (c. 4) U.K.

41 U.K. In section 1(2)(a) of the Ministry of Defence Police Act 1987 for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Football Spectators Act 1989 (c. 37) E+W

42 F90 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Sch. 7 para. 42 repealed (28.8.2000) by 2000 c. 25, s. 1(3), Sch. 3; S.I. 2000/2125, art. 2

Aviation and Maritime Security Act 1990 (c. 31) U.K.

43 U.K. In section 22(4)(b)(i) of the Aviation and Maritime Security Act 1990 for “section 96(1) of the Police and Criminal Evidence Act 1984” there shall be substituted “ section 78(1) of the Police Act 1996 ”.

Local Government Act 1992 (c. 19) E+W+S

44 E+W+S In section 17(6) of the Local Government Act 1992 for “at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994” there shall be substituted “ on 1st April 1995 ”.

Tribunals and Inquiries Act 1992 (c. 53) U.K.

45 U.K. In section 7 of the Tribunals and Inquiries Act 1992, in subsection (2), after “36(a),” there shall be inserted “ 36A, ”.

46 U.K. In Schedule 1 to that Act, in Part I, after paragraph 36 there shall be inserted—

“Police

36A. An appeals tribunal constituted in accordance with Schedule 6 to the Police Act 1996 (c.00).”

Criminal Appeal Act 1995 (c.35) U.K.

47 U.K. In section 22(2)(c) of the Criminal Appeal Act 1995 for “section 2 of the Police Act 1964” there shall be substituted “ section 2 of the Police Act 1996 ”.

Section 103.

SCHEDULE 8 U.K. Transitional provisions, savings etc.

Part I U.K. General Provisions

Continuity of the law U.K.

1 (1) The repeal (or revocation) and re-enactment of provisions in this Act does not affect the continuity of the law. U.K.

(2) Any subordinate legislation made or other thing done, or having effect as if done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

(3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

(a) to any provision of this Act, or

(b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—

(i) to that corresponding provision, or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(4) Any reference (express or implied) in any enactment or in any instrument or document—

(a) to any provision repealed and re-enacted by this Act, or

(b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

(i) to that corresponding provision, or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

(6) Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the M32 Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

(7) This paragraph is to be read subject to the provisions of any order made under section 104 or under paragraph 11 below.

Modifications etc. (not altering text)

C13 Sch. 8 para. 1 excluded (31.3.1999) by S.I. 1999/533, art. 3(2)

Marginal Citations

M32 1978 c. 30.

General saving for old transitional provisions and savings U.K.

2 U.K. The repeal by this Act of any provision of Part II of Schedule 4 to the M33 Police and Criminal Evidence Act 1984, or any other transitional provision or saving relating to the coming into force of a provision reproduced in this Act, does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

Marginal Citations

M33 1984 c. 60.

3 U.K. The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Use of existing forms, etc. U.K.

4 U.K. Any reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.

Part II E+W+S Provisions relating to particular enactments

Pedlars Act 1871 E+W+S

5 E+W+S Any reference to a police district contained in—

(a) an application for a pedlar’s certificate under the M34 Pedlars Act 1871 made before the commencement of paragraphs 2 to 6 of Schedule 7 to this Act, or

(b) a pedlar’s certificate granted under that Act before that commencement,

shall on and after that commencement be read as if it were a reference to the equivalent police area.

Marginal Citations

M34 34 & 35 Vict. c. 96.

Savings relating to the Police Act 1964 E+W+S

6 E+W Notwithstanding the repeal by this Act of subsection (4) of section 58 of the M35 Police Act 1964 (provision made by regulations for chief constables affected by amalgamations or reorganisations not to be less favourable than that under the M36 Police Pensions Act 1976), that subsection shall continue to have effect in relation to any person who was the chief constable of a police force on 1st July 1964 and became a member of another police force by virtue of that section.

Marginal Citations

M35 1964 c. 48.

M36 1976 c. 35.

7 E+W+S Notwithstanding the repeal by this Act of subsection (4) of section 64 of that Act (power to make consequential amendments to local Acts by order), any local enactment which immediately before the coming into force of that repeal had effect with modifications by virtue of an order made under that subsection shall continue to have effect with those modifications.

Saving for transitional provisions under the Police and Magistrates’ Courts Act 1994 E+W

8 E+W Without prejudice to the generality of paragraph 1(4) above, any transitional provision which—

(a) is contained in an order made under section 94(1) of the M37 Police and Magistrates’ Courts Act 1994, and

(b) relates to the coming into force of a provision of that Act reproduced in this Act,

shall, in so far as it remains capable of having effect, continue to operate in relation to the corresponding provision of this Act.

Marginal Citations

M37 1994 c. 29.

Police areas E+W

9 E+W For the period beginning with the commencement of Schedule 1 to this Act and ending on 31st March 1997, that Schedule shall have effect as if—

(a) for the entry in the second column opposite the name of the Bedfordshire police area there were substituted—

“The county of Bedfordshire”,

(b) for the entry in that column opposite the name of the Derbyshire police area there were substituted—

“The county of Derbyshire”,

(c) for the entry in that column opposite the name of the Dorset police area there were substituted—

“The county of Dorset”,

(d) for the entry in that column opposite the name of the Durham police area there were substituted—

“The county of Durham”,

(e) for the entry in that column opposite the name of the Hampshire police area there were substituted—

“The counties of Hampshire and Isle of Wight”,

(f) for the entry in that column opposite the name of the Leicestershire police area there were substituted—

“The county of Leicestershire”,

(g) for the entry in that column opposite the name of the Staffordshire police area there were substituted—

“The county of Staffordshire”,

(h) for the entry in that column opposite the name of the Sussex police area there were substituted—

“The counties of East Sussex and West Sussex”,

(i) for the entry in that column opposite the name of the Thames Valley police area there were substituted—

“The counties of Berkshire, Buckinghamshire and Oxfordshire”,

(j) for the entry in that column opposite the name of the Wiltshire police area there were substituted—

“The county of Wiltshire”.

10 E+W Notwithstanding the repeal by this Act of sections 21A and 21C of the M38 Police Act 1964 (power to amend Welsh police areas in relation to the Welsh local government reorganisation), any order made under section 21A of that Act shall continue to have effect.

Marginal Citations

M38 1964 c. 48.

Part III E+W+S Provisions relating to complaints and discipline

Modification of enactments pending commencement of new discipline procedures E+W+S

11 (1) Until such day as the Secretary of State may by order appoint, the provisions of this Act mentioned in sub-paragraphs (2) and (3) shall have effect subject to the modifications set out in those sub-paragraphs. E+W+S

(2) Section 59 shall have effect as if—

(a) in subsection (2) for “proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the Police (Scotland) Act 1967” there were substituted “ disciplinary proceedings ”, and

(b) in subsection (3) for “a police appeals tribunal” there were substituted “ the Secretary of State ”.

(3) Section 91(1) shall have effect as if after “services” there were inserted “ or to commit breaches of discipline ”.

(4) Subsections (3) to (5) of section 104 shall have effect in relation to an order under this paragraph as they have effect in relation to an order under that section.

Subordinate Legislation Made

P1 Sch. 8 para. 11 power partly exercised (3.3.1999): 1.4.1999 appointed for specified provisions by S.I. 1999/533, art. 2

Extent Information

E1 Sch. 8 para. 11 extends G.B. except para. 11(3) which extends E.W. only

Modification of section 81 E+W

12 E+W Until such day as the Lord Chancellor may appoint under section 16(2) of the M39 Civil Evidence Act 1995 (commencement orders) for the commencement of paragraph 9(3) of Schedule 1 to that Act, section 81 of this Act shall have effect as if for subsection (3) there were substituted—

“(3) In this section “document” has the same meaning as in Part I of the Civil Evidence Act 1968.”

Marginal Citations

M39 1995 c. 38.

Saving for complaints procedures established for other bodies of constables E+W

13 E+W The coming into force of any provision of Part IV of this Act which re-enacts a provision of Part IX of the M40 Police and Criminal Evidence Act 1984 (police complaints), as amended by the M41 Police and Magistrates’ Courts Act 1994, shall not affect any procedures established by virtue of section 96 of the 1984 Act (constabularies maintained by authorities other than police authorities) before that provision comes into force.

Marginal Citations

M40 1984 c. 60.

M41 1994 c. 29.

Section 103.

SCHEDULE 9 U.K. Repeals and revocations

Extent Information

E2 The repeals and revocations in Sch. 9 have the same extent as the enactments to which they refer, see s. 105(4)

Part I U.K. Repeals: general

Chapter	Short title	Extent of repeal
23 Geo. 5 c. 12.	Children and Young Persons Act 1933.	In section 107(1), in the definition of “Chief officer of police” the words “as regards England has the same meaning as in the Police Act 1964,”.
1964 c. 48.	The Police Act 1964.	The whole Act (except sections 37 and 60 to 65, Schedule 5 and the provisions of Schedule 9 other than the entry relating to the Children and Young Persons Act 1933).
1967 c. 77.	The Police (Scotland) Act 1967.	In Schedule 4, the paragraphs under the heading “The Police Act 1964”.
1971 c. 56.	Pensions (Increase) Act 1971.	In Schedule 2, in paragraph 51 the words “other than a local authority”.
1972 c. 39.	The Police Act 1972.	The whole Act.
1972 c. 70.	The Local Government Act 1972.	Section 196.
1976 c. 35.	The Police Pensions Act 1976.	In Schedule 2, paragraph 5.
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 1, paragraph 18. In Schedule 6, the entry headed “Police Act 1964”.
1980 c. 10.	The Police Negotiating Board Act 1980.	The whole Act.
1982 c. 48.	The Criminal Justice Act 1982.	In Schedule 3, the entry headed “the Police Act 1964”.
1984 c. 60.	The Police and Criminal Evidence Act 1984.	In section 64(6B), the definition of “chief officer of police” and the word “and” immediately after it. Sections 106, 109 and 112.
1988 c. 41.	The Local Government Finance Act 1988.	Sections 64(7)(e) and (f) and 144(4).
1989 c. 11.	The Police Officers (Central Service) Act 1989.	Sections 1 and 3. The Schedule.
1994 c. 29.	The Police and Magistrates Courts Act 1994.	Sections 1 to 26, 28, 29, 32, 34 to 38, 45 and 95.
		Schedules 1 to 3.
		In Schedule 4, paragraph 6.
		In Schedule 5, paragraphs 1 to 16, 21, 22, 24(b), 25 to 28, 31 to 34, 39(a) and 40(2).
		In Schedule 9, in Part I, the entries relating to sections 53(1), 60(1) and 60(2) of the Police Act 1964.
		In Schedule 9, in Part I, the entries relating to the Police and Criminal Evidence Act 1984 (except for the entries relating to section 108 of, and Schedules 4 and 6 to, that Act).
		In Schedule 9, in Part I, the entry relating to the Courts and Legal Services Act 1990.
1994 c. 33.	The Criminal Justice and Public Order Act 1994.	Section 141. Section 160(1). In Schedule 10, paragraphs 13, 14, 17 and 27.

Part II U.K. Repeals consequential on new discipline and complaints procedures

Chapter	Short title	Extent of repeal
1964 c. 48.	The Police Act 1964.	Section 37. Sections 60 to 62. Section 64 (except subsection (2)). Section 65(2) to (4). Schedule 5.
1984 c. 60.	The Police and Criminal Evidence Act 1984.	Section 67(8). Sections 83 to 105. Schedule 4.
1990 c. 41.	The Courts and Legal Services Act 1990.	In Schedule 10, paragraph 22.
1994 c. 29.	The Police and Magistrates’ Courts Act 1994.	In Schedule 5, in paragraph 24 the opening words and sub-paragraph (a). In Schedule 5, paragraphs 29, 30 and 36.

Part III U.K. Revocations

Number	Title	Extent of revocation
S.I. 1995/493	The Avon (Structural Change) Order 1995.	Article 13.
S.I. 1995/600	The Humberside (Structural Change) Order 1995.	Article 11.
S.I. 1995/610	The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995.	Article 12.
S.I. 1995/1747	The Cleveland (Further Provision) Order 1995.	Article 4.
S.I. 1995/1769	The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1770	The East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995.	Article 7.
S.I. 1995/1771	The Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1772	The Durham (Borough of Darlington) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1773	The Derbyshire (City of Derby) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1774	The Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1775	The Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1776	The Bedfordshire (Borough of Luton) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1779	The Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995.	Article 7.
S.I. 1996/507	The Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996.	Article 5.

E+W TABLE OF DERIVATIONS

Notes: E+W

1 This Table shows the derivation of the provisions of the Act.

2 E+W The following abbreviations are used in the Table:—

1964	= Police Act 1964 (c.48)
1972	= Police Act 1972 (c.39)
1980	= Police Negotiating Board Act 1980 (c.10)
1984	= Police and Criminal Evidence Act 1984 (c.60)
1989	= Police Officers (Central Service) Act 1989 (c.11)
1994	= Police and Magistrates’ Courts Act 1994 (c.29)
1994 (c.33)	= Criminal Justice and Public Order Act 1994 (c.33)

Provision	Derivation
1(1)	1964 s.1(1); 1994 s.1(1) (part).
(2)	1964 s.1(2) (part); 1994 s.1(1) (part).
(3)	1964 s.1(3); 1994 s.1(1) (part)
2	1964 s.2; 1994 s.2 (part).
3	1964 s.3; 1994 s.2 (part).
4	1964 s.3A; 1994 s.3(1) (part).
5(1)	1964 s.3B(1); 1994 s.3(1) (part).
(2)	1964 s.3B(2) (part); 1994 s.3(1) (part).
(3)	1964 s.3B(3); 1994 s.3(1) (part).
6	1964 s.4; 1994 s.4 (part).
7	1964 s.4A; 1994 s.4 (part).
8	1964 s.4B; 1994 s.4 (part).
9	1964 s.4C; 1994 s.4 (part).
10	1964 s.5; 1994 s.5 (part).
11	1964 s.5A; 1994 s.5 (part).
12(1)	1964 s.6(1) (part); 1994 s.6 (part).
(2) to (6)	1964 s.6(2) to (6); 1994 s.6 (part).
13(1)	1964 s.7(1); 1994 s.7.
(2)	1964 s.6(1) (part); 1994 s.6 (part).
(3)	1964 s.7(2).
14	1964 s.8; 1994 s.8.
15	1964 s.10; 1994 s.10.
16	1964 s.10A; 1994 s.11 (part).
17	1964 s.10B; 1994 s.11 (part).
18	1964 s.8A; 1994 s.9.
19	1994 s.28.
20	1964 s.11; 1994 s.12.
21	1994 s.45; drafting.
22(1)	1964 s.12(1); 1994 Sch.5 para.1(1), (2).
(2)	1964 s.12(1A); 1994 Sch.5 para.1(1), (3).
(3)	1964 s.12(2).
(4)	1964 s.12(2A); 1994 Sch.5 para.1(1), (5).
(5)	1964 s.12(3).
(6)	1964 s.12(3A); 1994 Sch.5 para.1(1), (6).
(7)	1964 s.12(4).
23(1)	1964 s.13(1); 1994 Sch.5 para.2(1), (2).
(2) to (6)	1964 s.13(2) to (6).
(7)	1964 s.13(7); 1994 Sch.5 para.2(1), (3).
24	1964 s.14.
25	1964 s.15.
26	1964 s.15A; 1994 s.13.
27(1)	1964 s.16(1).
(2)	1964 s.16(2) (part).
28(1)	1964 s.17(1).
(2)	1964 s.17(2) (part).
(3), (4)	1964 s.17(3), (4).
29	1964 s.18.
30(1)	1964 s.19(1); 1994 (c.33) s.160(1) (part).
(2)	1964 s.19(2); 1994 (c.33) s.160(1) (part).
(3)	1964 s.19(3); Local Government Act 1972 (c.70) s.196(1), (5); 1994 Sch.5 para.4.
(4)	1964 s.19(4).
(5)	1964 s.19(5A); 1994 (c.33) s.160(1) (part).
(6)	1964 s.19(6) (part); drafting.
31	1964 s.20.
32	1964 s.21; 1994 s.14 (part).
33	1964 s.21B; 1994 s.14 (part).
34(1)	1964 s.21C(1) (part); 1994 s.14 (part).
(2)	1964 s.21C(2) (part); 1994 s.14 (part).
(3), (4)	1964 s.21C(3), (4); 1994 s.14 (part).
(5)	1964 s.21C(5) (part); 1994 s.14 (part).
35	1964 s.26(1).
36	1964 s.28; 1994 Sch.5 para.6.
37	1964 s.28A; 1994 s.15 (part).
38	1964 s.28B; 1994 s.15 (part).
39	1964 s.28C; 1994 s.15 (part).
40	1964 s.28D; 1994 s.15 (part).
41	1994 s.29.
42(1)	1964 s.29(1); 1994 Sch.5 para.7(1), (2).
(2)	1964 s.29(2); 1994 Sch.5 para.7(1), (3).
(3)	1964 s.29(3).
(4)	1964 s.29(4).
43	1964 s.29A; 1994 s.16.
44(1)	1964 s.30(1).
(2), (3)	1964 s.30(1A), (1B); 1994 Sch.5 para.8(1), (2).
(4)	1964 s.30(2); 1994 Sch.5 para.8(1), (3).
(5)	1964 s.30(3).
45	1964 s.54.
46	1964 s.31; 1994 s.17 (part).
47	1964 s.31A; 1994 s.17 (part).
48	1964 s.31B; 1994 s.17 (part).
49(1), (2)	1964 s.32(1), (2).
(3)	1964 s.32(3); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Local Government Act 1933 s.290(2), (3)).
(4), (5)	1964 s.32(4), (5).
50(1)	1964 s.33(1).
(2)	1964 s.33(2); 1994 s.18(1), (2).
(3)	1964 s.33(3); 1994 s.18(1), (3) (part).
(4)	1964 s.33(3A); 1994 s.18(1), (3) (part).
(5)	1964 s.33(4).
(6)	1964 s.33(4A); 1994 s.18(1), (4).
(7)	1964 s.33(5).
(8)	1964 s.33(6).
51	1964 s.34.
52	1964 s.35.
53	1964 s.36.
54(1)	1964 s.38(1).
(2)	1964 s.38(2); 1994 s.20(1), (2).
(3)	1964 s.38(3); 1994 s.20(1), (3).
(4), (5)	1964 s.38(4), (5).
55	1964 s.38A; 1994 s.21.
56(1)	1964 s.39(1); 1994 s.22 (part).
(2)	1964 s.39(1A); 1994 s.22 (part).
(3)	1964 s.39(2).
57	1964 s.41; 1994 s.23.
58	1964 s.42; 1994 Sch.5 para.9.
59(1)	1964 s.44(1); 1984 s.109(a).
(2)	1964 s.44(1A); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (2).
(3)	1964 s.44(1B); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (3).
(4)	1964 s.44(2) (part).
(5)	1964 s.44(2) (part); 1972 s.1(1), (2).
(6)	1964 s.44(2A); 1972 s.1(1), (3) (part).
(7)	1964 s.44(6) (part).
60(1)	1964 s.44(3) (part); 1984 s.109(c).
(2)	1964 s.44(3) (part); Police (Scotland) Act 1967 (c.77) Sch.4 (part); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Police Pensions Act 1948).
(3)	1964 s.44(4).
(4), (5)	1964 s.44(5).
(6)	1964 s.44(6) (part).
61(1)	1980 s.1(1); 1994 Sch.5 para.21(1), (2).
(2)	1980 s.1(2).
(3)	1980 s.1(3); 1994 Sch.5 para.21(1), (3).
(4)	1980 s.1(4) (part); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).
62(1), (2)	1980 s.2(1), (2).
(3)	1980 s.2(3) (part).
63(1), (2)	1964 s.46(1), (2).
(3)	1964 s.46(3); 1980 s.2(4); 1984 s.100(2).
64(1), (2)	1964 s.47(1).
(3) to (5)	1964 s.47(2) to (4).
65	“the appropriate authority”: 1984 s.84(4) (“the appropriate authority”). “the Authority” 1984 s.83(1) (part). “complaint”: 1984 s.84(4) (“complaint”). “disciplinary proceedings”: 1984 s.84(4) (“disciplinary proceedings”); 1994 Sch.5 para.24 (part). “investigating officer”: drafting. “senior officer”: 1984 s.84(4) (“senior officer”); 1994 Sch.5 para.24 (part). “serious injury”: 1984 s.87(4) (“serious injury”).
66(1)	1984 s.83(1) (part), Sch.4 para.2(1).
(2)	1984 s.83(2).
67(1) to (3)	1984 s.84(1) to (3).
(4), (5)	1984 s.84(5), (6).
68(1)	1984 s.86(1).
(2)	1984 s.86(2); 1994 Sch.5 para.26.
(3) to (6)	1984 s.86(3) to (6).
69(1), (2)	1984 s.85(1), (2).
(3)	1984 s.85(10); 1994 Sch.5 para.25(b).
(4)	1984 s.85(4).
(5)	1984 s.85(3).
(6) to (8)	1984 s.85(5) to (7).
(9)	1984 s.85(9).
70(1) to (3)	1984 s.87(1) to (3).
71(1)	1984 s.88 (part).
(2)	1984 s.88 (part); 1994 s.34.
72(1)	1984 s.89(1), (2).
(2), (3)	1984 s.89(3), (4).
(4), (5)	1984 s.89(5).
73(1) to (4)	1984 s.89(6) to (9).
(5)	1984 s.89(11).
(6)	1984 s.89(12); 1994 Sch.5 para.27.
(7), (8)	1984 s.89(13), (14).
(9)	1984 s.89(10).
74	1984 s.90(1).
75(1) to (3)	1984 s.90(2) to (4).
(4)	1984 s.90(5); 1994 s.35(1), (4).
(5)	1984 s.90(7); 1994 s.35(1), (6).
(6)	1984 s.90(9); 1994 s.35(1), (8).
(7)	1984 s.90(10) (part); 1994 s.35(1), (9).
76(1)	1984 s.93(1); 1994 s.36(1), (2).
(2)	1984 s.93(2) (part); 1994 s.36(1), (3).
(3)	1984 s.93(3); 1994 s.36(1), (4).
(4)	1984 s.93(4).
(5)	1984 s.93(5); 1994 s.36(1), (5).
(6)	1984 s.93(6); 1994 s.36(1), (6).
(7)	1984 s.93(7); 1994 s.36(1), (7).
77	1984 s.95; 1994 Sch.5 para.29.
78(1)	1984 s.96(1); 1994 Sch.5 para.30.
(2) to (4)	1984 s.96(2) to (4).
(5)	1984 s.96(5) (part).
(6), (7)	1984 s.96(6), (7).
79(1)	1984 s.97(1).
(2), (3)	1984 s.97(2).
(4)	1984 s.97(3).
(5), (6)	1984 s.97(5), (6).
80	1984 s.98.
81(1)	1984 s.99(1).
(2)	1984 s.99(2); 1994 Sch.5 para.31.
(3)	1984 s.118(1) (“document”); Civil Evidence Act 1995 (c.38) Sch.1 para.9(3).
82(1)	1984 s.100(1).
(2), (3)	1984 s.100(4), (5).
(4)	1984 s.100(6); 1994 Sch.5 para.32.
83(1)	1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2).
(2)	1984 s.105(2) (part).
(3)	1984 s.105(3) (part); 1994 Sch.5 para.34(1), (3).
(4), (5)	1984 s.105(4) (part), (5) (part).
84	1984 s.102; 1994 Sch.5 para.33.
85	1964 s.37; 1994 s.19(1).
86(1), (2)	1984 s.104(3), (4).
(3)	1984 s.84(4); 1994 Sch.5 para.24.
87(1)	1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2).
(2)	1984 s.105(2) to (5) (part); 1994 Sch.5 para.34(1), (3).
88(1) to (3)	1964 s.48(1) to (3).
(4)	1964 s.48(4) (part).
(5)	1964 s.48(4) (part); 1994 (c.33) Sch.10 para.13.
89(1)	1964 s.51(1); Criminal Law Act 1977 (c.45) ss.15(1), 30(1), (2), Sch.1 para.18; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1).
(2)	1964 s.51(3); Criminal Law Act 1977 (c.45) s.31, Sch.6; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1).
(3)	1964 s.51(4); 1994 (c.33) Sch.10 para.14.
90(1)	1964 s.52(1); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 39(2), 46(1), Sch.3.
(2)	1964 s.52(2); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1).
(3)	1964 s.52(3); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1).
(4)	1964 s.52(4).
91(1)	1964 s.53(1); Interpretation Act 1978 (c.30) Sch.1 (“statutory maximum”); Magistrates’ Courts Act 1980 (c.43) s.32(2); Criminal Justice Act 1988 (c.33) Sch.15 para.58(b).
(2)	1964 s.53(2).
92	1964 s.53A; 1994 s.24.
93	1964 s.53B; 1994 s.25.
94	1994 s.32.
95	1964 s.56; 1994 Sch.5 para.13.
96(1) to (4)	1984 s.106(1) to (4).
(5)	1984 s.106(5) to (7).
(6) to (10)	1984 s.106(8) to (12).
97(1)(a)	1964 s.53C(1)(a); 1994 s.26 (part).
(b)	1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part), Sch.5 para.10(1), (3).
(c)	1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part).
(d)	1964 s.43(3C); 1989 s.1(1) (part).
(e)	1964 s.53C(1)(c) (part); 1994 s.26 (part).
(f)	1964 s.53C(1)(d) (part); 1994 s.26 (part).
(g)	1964 s.53C(1)(e) (part); 1994 s.26 (part).
(2)	1964 ss.43(5) (part), 53C(2); 1994 s.26 (part).
(3)	1964 ss.43(3A) (part), 53C(3); 1989 s.1(1) (part); 1994 s.26 (part), Sch.5 para.10(1), (2).
(4) to (7)	1964 s.53C(4) to (7); 1994 s.26 (part).
(8)	1964 s.43(3A) (part); 1989 s.1(1) (part).
(9)	1964 s.43(3B); 1989 s.1(1) (part).
98(1) to (6)	1994 (c.33) s.141(1) to (6).
(7), (8)	1994 (c.33) s.141(7) (part).
(9)	1994 (c.33) s.141(8).
99	1984 s.112.
100(1)	1964 s.58(1); 1994 Sch.5 para.14(1), (2).
(2)	1964 s.58(2); 1994 Sch.5 para.14(1), (3).
(3)	1964 s.58(3).
(4)	1964 s.58(3A); 1994 Sch.5 para.14(1), (4).
(5)	1964 s.58(5) (part).
(6)	1964 s.58(7).
101(1)	1964 s.62; 1994 Sch.5 para.15.
(2)	1964 s.64(1).
102	1964 s.60(1); 1984 ss.96(5) (part), 100(3); 1994 s.94(8) (part).
103	Drafting.
104(1), (2)	Drafting.
(3), (4)	1994 s.94(4), (5).
(5)	1994 s.94(8).
105	Drafting.
106	Drafting.
Sch. 1	1964 Sch.1A; 1994 s.1(2), Sch.1; Avon (Structural Change) Order 1995 (S.I. 1995/493) Art.13; Humberside (Structural Change) Order 1995 (S.I. 1995/600) Art.11; North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 (S.I. 1995/610) Art.12; Cleveland (Further Provision) Order 1995 (S.I. 1995/1747) Art.4; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Art.5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Art.7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Art.5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Art.5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Art.5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Art.5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Art.5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Art.5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Art.7; Police Areas (Wales) Order 1995 (S.I. 1995/2864) Art.2; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Art.5.
Sch. 2
paras.1 to 26	1964 Sch.1B paras.1 to 6, 7 (part), 8 and 10 to 27; 1994 s.3(2), Sch.2 (part).
para.27	1964 s.27 (“magistrate”); Interpretation Act 1978 s.17(2)(a) (converts reference to Justices of the Peace Act 1949).
Sch. 3	1964 Sch.1C; 1994 s.3(2), Sch.2.
Sch. 4	1964 Sch.2.
Sch. 5
Para.1	1984 Sch.4 para. 1; 1994 Sch.5 para.36(1), (2).
Para.2	1984 Sch.4 para. 2(2).
Para.3	1984 Sch.4 para.3; 1994 Sch.5 para.36(1), (3).
Paras. 4 to 6	1984 Sch.4 paras.4 to 6.
Para.7	1984 Sch.4 para.7(2).
Paras.8 to 13.	1984 Sch.4 paras.8 to 13.
Sch. 6	1964 Sch.5; 1994 s.19(2), Sch.3.
Sch. 7
Paras.1 to 13	Drafting.
Para.14	Drafting; 1980 s.2(4).
Para.15	Drafting; 1994 (c.33) Sch.10 para.17.
Para.16	Drafting.
Para.17	Drafting; 1994 (c.33) Sch.10 para.27.
Paras.18, 19	Drafting.
Para.20	1984 Sch.4 para.7(1).
Paras.21 to 27	Drafting.
Para.28	1980 s.2(3) (part).
Paras.29 to 44	Drafting.
Paras.45, 46	1994 Sch.5 paras.39(a), 40(2).
Para.47	Drafting.
Sch. 8
Paras.1 to 8	Drafting.
Para.9	1964 Sch.1A; 1994 s.1(2), Sch.1; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Arts.1 and 5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Arts.1 and 7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Arts.1 and 5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Arts.1 and 5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Arts.1 and 5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Arts.1 and 5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Arts.1 and 5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Arts.1 and 5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Arts.1 and 7; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Arts.1 and 5.
Paras.10 to 12	Drafting.
Para.13	1994 s.38.
Sch. 9	Drafting; 1994 s.37.