The Police (Discipline) (Amendment) Regulations 1991

Statutory Instruments

1991 No. 1673

POLICE

The Police (Discipline) (Amendment) Regulations 1991

Made

22nd July 1991

Laid before Parliament

30th July 1991

Coming into force

1st September 1991

In exercise of the powers conferred on me by section 33 of the Police Act 1964(1) and section 101 of the Police and Criminal Evidence Act 1984(2) and after furnishing a draft thereof to the Police Advisory Board for England and Wales and taking into consideration the representations made by the said Board in accordance with section 46(3) of the Police Act 1964, I hereby make the following Regulations:

1.  These Regulations may be cited as the Police (Discipline) (Amendment) Regulations 1991 and shall come into force on 1st September 1991.

2.  Regulation 24 of the Police (Discipline) Regulations 1985(3) is amended–

(a) in paragraph (9) by substituting for the word “Where” the words “Subject to paragraph (10), where”; and

(b) by inserting after paragraph (9)–

“(10) Paragraph (9) does not apply where the accused is a member of the metropolitan police force and a punishment specified in paragraph (1)(a), (b) or (c) is imposed.”.

3.  Paragraph 8(1) of Schedule 3 to the Police (Discipline) Regulations 1985 is amended by inserting after the words “appointed by him” the words “, and as if in regulation 26(10) for the words after “shall have effect”, where first occurring, there were substituted the words “by way of substitution for, and as from the date of, the decision appealed against.””.

Kenneth Baker

One of Her Majesty’s Principal Secretaries of State

Home Office

22nd July 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police (Discipline) Regulations 1985, as they apply to the metropolitan police force, so that a punishment of dismissal, requirement to resign or reduction in rank is not deferred pending the making and determination of an internal appeal; if an appeal made is allowed or the punishment is varied on appeal, the appeal decision takes effect in substitution for, and as from the date of, the original decision.

(1)

1964 c. 48.

(2)

1984 c. 60.

(3)

S.I. 1985/518.