- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/10/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 12/11/2009
Point in time view as at 12/10/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Police Act 1996, Section 97 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of this section “relevant service” means—
(a)temporary service on which a person is engaged in accordance with arrangements made under section 26;
[F1(aa)temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;]
(b)temporary service under section 56 on which a person is engaged with the consent of the appropriate authority;
(c)temporary service under the Crown in connection with the provision by the Secretary of State of—
(i)such organisations and services as are described in section 57, or
(ii)research or other services connected with the police,
on which a person is engaged with the consent of the appropriate authority;
F2(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5 [F6(ce)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(cf)temporary service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority;]
[F8(cg)temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;]
[F9(ch)temporary service with the Independent Barring Board on which a person is engaged with the consent of the appropriate authority;]
[F10(ch) temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;
(ci) temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;]
(d)temporary service as an adviser to the Secretary of State on which a person is engaged with the consent of the appropriate authority;
(e)service the expenses of which are payable under section 1(1) of the M1Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority;
[F11(ea)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;]
(f)service in the [F12Police Service of Northern Ireland], on which a person is engaged with the consent of the Secretary of State and the appropriate authority; F13. . .
(g)service pursuant to an appointment under section 10 of the M2Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.[F14, or
(h)service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.]
(2)In subsection (1) “appropriate authority”, in relation to a member of a police force, means the chief officer of police acting with the consent of the police authority, except that in relation to the chief officer of police it means the police authority.
(3)Subject to subsections (4) to (8), a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M3Police Pensions Act 1976—
(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and
(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 50 above fixing his rate of pay by reference to his length of service.
(4)In the case of relevant service to which subsection (1)(e) refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M4Police (Overseas Service) Act 1945.
(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—
(a)the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and
(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.
(6)A member of a police force who—
(a)has completed a period of relevant service within [F15paragraph (a), (aa), (b), (c), F16... F17... (cf) [F18 , (cg) ] [F19, (ch) ] [F20, (ch), (ci)] , (d), (g) or (h) of subsection (1)], or
(b)while engaged on relevant service within paragraph (e) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or
(c)while engaged on relevant service within paragraph [F21(ea) or] (f) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,
may be dealt with under regulations made in accordance with section 50(3) for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 85 shall apply accordingly.
(7)For the purposes of subsection (6) a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—
(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or
(b)in a case within paragraph (c) of that subsection, it is given by or on behalf of [F22the Police Ombudsman for Northern Ireland or (as the case may be)] the chief constable of the [F23Police Service of Northern Ireland], or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.
(8)A member of a police force engaged on relevant service within [F24paragraph (aa), (b), (c), F25... F26... (cf) [F27 , (cg) ] [F28, (ch) ] [F29, (ch), (ci)] or (d) of subsection (1] —
(a)shall continue to be a constable, and
(b)shall be treated for the purposes of sections 30, 59, 60, 64 and 90 as if he were a member of his police force.
(9)The Secretary of State shall be liable in respect of [F30any unlawful conduct of] a member of a police force engaged on relevant service within paragraph (b), (c) or (d) of subsection (1) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in [F31, in the case of a tort,] be treated for all purposes as a joint tortfeasor.
Textual Amendments
F1S. 97(1)(aa) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 7 para. 19(1); S.I. 2004/913, art. 2(e)
F2S. 97(1)(ca) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)
F3S. 97(1)(cb) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)
F4S. 97(1)(cc)(cd) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6); S.I. 2007/709, art. 3(q) (with art. 6)
F5S. 97(1)(ce) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 155(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F6S. 97(1)(ce): s. 97(1)(cd) renumbered as s. 97(1)(ce) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10
F7S. 97(1)(cf) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(2)(c); S.I. 2006/378, art. 4(1), Sch. para. 10
F8S. 97(1)(cg) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 72(2); S.I. 2007/709, art. 3(a) (with art. 6)
F9S. 97(1)(ch) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 13(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F10S. 97(1)(ch)(ci) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 3(3)(a)
F11S. 97(1)(ea) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(3); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3
F12Words in s. 97(1)(f) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.
F13Word in s. 97(1) repealed (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2
F14S. 97(1)(h) and word inserted (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 3 para. 11(2) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2
F15Words in s. 97(6)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(3); S.I. 2006/378, art. 4(1), Sch. para. 10
F16Words in s. 97(6)(a) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F17Word in s. 97(6)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 155(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F18Word in s. 97(6)(a) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 72(3); S.I. 2007/709, art. 3(a) (with art. 6)
F19Words in s. 97(6)(a) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 13(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F20Words in s. 97(6)(a) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 3(3)(b)
F21Words in s. 97(6)(c) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(4); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3
F22Words in s. 97(7)(b) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(5); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3
F23Words in s. 97(7)(b) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.
F24Words in s. 97(8) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 82(4); S.I. 2006/378, art. 4(1), Sch. para. 10
F25Words in s. 97(8) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F26Word in s. 97(8) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 155(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F27Word in s. 97(8) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 72(3); S.I. 2007/709, art. 3(a) (with art. 6)
F28Words in s. 97(8) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 13(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F29Words in s. 97(8) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 3(3)(b)
F30Words in s. 97(9) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 102(1)(a)(2)(b), 108(2)-(5); S.I. 2002/2306, art. 2(f)(xi)
F31Words in s. 97(9) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 102(1)(b)(2)(b), 108(2)-(5); S.I. 2002/2306, art. 2(f)(xi)
Modifications etc. (not altering text)
C1S. 97(9) excluded by 1974 c. 37, s. 51A(2D)(2E)(c) (as inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(1), 178(1)(a) (with s. 158(5)-(7)))
Marginal Citations
M19 & 10 Geo. 6 c. 17.
M49 & 10 Geo. 6 c. 17.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys