Police Act 1964

Part I E+W Organisation of Police Forces

Modifications etc. (not altering text)

C1 Pt. I(ss. 1-27) restricted (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(4)(a)

County, county borough and combined forces E+W

1 Police areas. E+W

[F1 (1) Subject to the provisions of this Act, a police force shall be maintained—

(a) for every county in England and Wales which is not comprised in a combined area constituted by an amalgamation scheme or in the Northumbria police area;

(b) for every combined area constituted by an amalgamation scheme; and

(c) for the Northumbria police area.

(1A) For the purposes of this Act the Northumbria police area shall consist of the county of Tyne and Wear and the county of Northumberland.]

(2) - (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) For the purposes of this section, any part of a county which is for the time being comprised in the metropolitan police district shall be treated as not forming part of that county.

Textual Amendments

F1 S.1(1)(1A) substituted for section 1(1) by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(1)

F2 Ss. 1(2)(3), 2(3), 8(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

2 Police authorities for counties and county boroughs. E+W

(1) The police authority for [F3 a police area consisting of a non-metropolitan county] . . . F4 shall be a committee of the council of the county . . . F4 constituted in accordance with the provisions of this section, to be known . . . F4 as the police committee . . . F4

(2) The police committee for [F5 a police area consisting of a non-metropolitan county] shall consist of such number of persons as may be determined by the council of the county, and of that number—

(a) two thirds shall be members of the council of the county appointed by that council;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 one third shall be [F7 appointed from among their own number by the magistrates for the county in accordance with a scheme made by the magistrates’ courts committee for, or for an area including, the county and approved by the Secretary of State]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) The magistrates to be appointed members of a police committee . . . F4 shall be appointed at such times, in such manner and for such term as may be prescribed by rules made by the Secretary of State; and the other members of a police committee . . . F4 shall be appointed at such times, in such manner and for such term as may from time to time be determined by the council responsible for appointing them.

(5) The quorum of a police committee . . . F4 shall be such as may from time to time be determined by the council of the county . . . F4

[F10 (6) Section 102(5) of the M1 Local Government Act 1972 shall apply to a committee appointed under this section as it applies to a committee appointed under that section.]

(7) Any proceedings by or against a committee appointed under this section shall be brought by or against the clerk of the council or town clerk as representing that committee.

Textual Amendments

F3 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(2)

F4 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F5 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(3)a

F6 Words inserted by Local Government Act 1972 (c. 70,SIF81:1), Sch. 27 para. 18 and are repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 37, 102, Sch. 11 para. 1(3)(c), Sch. 17

F7 Words substituted by Courts Act 1971 (c. 23), s. 53(5), (6)

F8 Para. (c) inserted by Local Government Act 1972 (c. 70,SIF81:1), Sch. 27 para. 18 and are repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 37, 102, Sch. 11 para. 1(3)(c), Sch. 17

F9 Ss. 1(2)(3), 2(3), 8(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

F10 S. 2(6) substituted by Local Government Act 1972 (c. 70), s. 196(2)

Modifications etc. (not altering text)

C2 Reference to clerk of the council and town clerk to be construed as reference to the proper officer of the county council: Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4

C3 S. 2 excluded by S.I. 1973/734, art. 3

Marginal Citations

M1 1972 c. 70.

[F11 2A Police authorities for metropolitan counties and Northumbria police area. E+W

The police authority for a police area consisting of a metropolitan county shall be the metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985; and the police authority for the Northumbria police area shall be the Northumbria Police Authority constituted in accordance with those provisions.]

Textual Amendments

F11 S. 2A inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(4)

3 Police authorities for combined areas. E+W

(1) The police authority for a combined area shall be the combined police authority constituted for the purpose in accordance with the provisions of the relevant amalgamation scheme; and every such authority shall, subject to subsection (4) of this section, be a body corporate by such name as may be prescribed by the scheme.

(2) A combined police authority shall be appointed in such manner, and shall consist of such number of persons, as may be prescribed by the amalgamation scheme; and of the number of persons so prescribed—

(a) two thirds shall be members of the constituent councils;

(b) one third shall be magistrates for the constituent areas.

(3) Provision may be made by an amalgamation scheme for applying, in relation to the constitution and proceedings of the combined police authority and in relation to the officers of that authority, any of the provisions of [F12 Parts V and VI and sections 112 to 119 of the M2 Local Government Act 1972 ]subject to such modifications as may be prescribed by the scheme.

[F13 (3A) Meetings of a combined police authority which is (as well as one which is not) a body corporate are open to the public, and documents relating to such meetings are open to inspection by the public, in accordance with the provisions of Part VA of the Local Government Act 1972.]

(4) If the constituent councils request that the combined police authority to be constituted by an amalgamation scheme should be a committee of one of those councils, the scheme shall constitute the combined police authority a committee of that council instead of a body corporate; and the provisions of Schedule 1 to this Act shall have effect with respect to such a scheme and a combined police authority so constituted.

Textual Amendments

F12 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F13 S. 3(3A) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 5

Marginal Citations

M2 1972 c. 70.

Valid from 21/07/1994

[F14 3A Membership of police authorities etc. E+W

(1) Subject to subsection (2) of this section, each police authority established under section 3 of this Act shall consist of seventeen members.

(2) The Secretary of State may by order provide in relation to a police authority specified in the order that the number of its members shall be a specified odd number greater than seventeen.

(3) A statutory instrument containing an order made under subsection (2) of this section shall be laid before Parliament after being made.

(4) Schedules 1B and 1C to this Act shall have effect in relation to police authorities established under section 3 and the appointment of their members.]

Textual Amendments

F14 Ss. 3A, 3B inserted (21.7.1994 and 8.8.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, ss. 3(1), 94(3)(a); S.I. 1994/2025, art. 4(2)(b); S.I. 1994/3262, art. 4, Sch.

Valid from 21/07/1994

F15 3B Reductions in size of police authorities. E+W

(1) This section applies to any order under subsection (2) of section 3A of this Act which varies or revokes an earlier order so as to reduce the number of a police authority’s members.

(2) Before making an order to which this section applies, the Secretary of State shall consult—

(a) the authority,

(b) the councils which are relevant councils in relation to the authority for the purposes of Schedule 1B to this Act, and

(c) any panel (or magistrates’ courts committee) which is responsible, or is represented on a joint committee which is responsible, for the appointment of members of the authority.

(3) An order to which this section applies may include provision as to the termination of the appointment of the existing members of the authority and the making of new appointments or re-appointments.

Textual Amendments

F15 Ss. 3A, 3B inserted (21.7.1994 and 8.8.1994 for certain purposes and 1.4 1995 for all other purposes) by 1994 c. 29, ss. 3(1), 94(3)(a); S.I. 1994/2025, art. 4(2)(b); S.I. 1994/3262, art. 4, Sch.

4 General functions of police authorities. E+W

(1) It shall be the duty of the police authority for every police area for which a police force is required to be maintained by section 1 of this Act to secure the maintenance of an adequate and efficient police force for the area, and to exercise for that purpose the powers conferred on a police authority by this Act.

(2) The police authority for every such police are a shall, subject to the approval of the Secretary of State and to regulations under Part II of this Act, appoint the chief constable of the police force maintained by that authority and determine the number of persons of each rank in that force which is to constitute the establishment of the force.

(3) The police authority for any such police area may, subject to the consent of the Secretary of State, provide and maintain such buildings, structures and premises, and make such alterations in any buildings, structures or premises already provided, as may be required for police purposes of the area.

(4) The police authority for any such police area may, subject to any regulations under Part II of this Act, provide and maintain such vehicles, apparatus, clothing and other equipment as may be required for police purposes of the area.

(5) A combined police authority may, if so authorised by the amalgamation scheme, make arrangements with any constituent authority for the use by the combined police authority of the services of officers of the constituent authority and the making of contracts and payments on behalf of the combined police authority by the constituent authority.

Modifications etc. (not altering text)

C4 S. 4 amended by S.I. 1973/734, art. 5

C5 S. 4(2) modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 85(3)

5 Chief constables. E+W

(1) The police force maintained for a police area under section 1 of this Act shall be under the direction and control of the chief constable appointed under section 4(2) of this Act.

(2) The same person may, with the consent of the police authorities concerned, be appointed chief constable of more than one police force.

(3) The Secretary of State shall not approve the appointment as first chief constable of a combined force of any person other than the chief constable of a police force which ceases to exist in consequence of the formation of the combined force unless the Secretary of State is satisfied, having regard to the size and character of the combined force and any exceptional circumstances, that some other person should be appointed.

(4) Without prejudice to any regulations under Part II of this Act or under the [F16 M3 Police Pensions Act 1976], the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency.

(5) Before seeking the approval of the Secretary of State under subsection (4) of this section the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made.

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

Textual Amendments

F16 Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

Modifications etc. (not altering text)

C6 S. 5(1) excluded by Police Act 1969 (c. 63), s. 1(3)

Marginal Citations

M3 1976 c. 35.

6 Deputy and assistant chief constables. E+W

(1) In every police force maintained under section 1 of this Act there shall be a [F17 person holding the rank of]deputy chief constable, who shall have all the powers and duties of the chief constable—

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

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

but shall not have power to act by virtue of this subsection for any continuous period exceeding three months except with the consent of the Secretary of State.

(2) The provisions of subsection (1) above shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of the powers conferred by that enactment on a chief constable.

(3) The establishment of any such police force as aforesaid may include one or more persons holding the rank of assistant chief constable.

(4) [F18 Appointments or promotions to the rank of deputy chief constable or] assistant chief constable, shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(5) Subsections (2), (4), (5) and (6) of section 5 of this Act shall apply to a deputy chief constable, and subsections (4), (5) and (6) of that section shall apply to an assistant chief constable, as they apply to a chief constable.

Textual Amendments

F17 Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)( a )

F18 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)( b )

[F19 6A Deputy chief constables— supplementary. E+W

(1) Any police force maintained under section 1 of this Act may include more than one person holding the rank of deputy chief constable, but only if the additional person or persons holding that rank—

(a) was a deputy chief constable before a period—

(i) of central service; or

(ii) of overseas service, as defined in M4 section 3 of the Police (Overseas Service) Act 1945; or

(iii) of service in pursuance of an appointment under M5 section 10 of the Overseas Development and Co-operation Act 1980 as an officer to whom that section applied; or

(b) became a deputy chief constable by virtue of section 58(2) of this Act.

(2) If there is more than one person who holds the rank of deputy chief constable in a police force maintained under section 1 of this Act, one of the persons who hold it shall be designated as the officer having the powers and duties conferred on a deputy chief constable by section 6(1) of this Act.

(3) A person shall be designated under subsection (2) of this section by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.]

Textual Amendments

F19 S. 6A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(3)

Marginal Citations

M4 1945 c.17(95)

M5 1980 c.63(88)

7 Other members of police forces. E+W

(1) The ranks which may be held in a police force maintained under section 1 of this Act shall be such as may be prescribed by regulations under Part II of this Act and the ranks so prescribed shall include, in addition to chief constable [F20 , deputy chief constable]and assistant chief constable, the ranks of superintendent, inspector, sergeant and constable.

(2) Appointments and promotions to any rank below that of assistant chief constable in any such police force shall be made, in accordance with regulations under Part II of this Act, by the chief constable.

Textual Amendments

F20 Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 14

8 Financial provisions. E+W

(1) Subject to the following provisions of this section and to any regulations under the [F21 M6 Police Pensions Act 1976], all receipts of the police authority for a police area for which a police force is maintained under section 1 of this Act shall be paid into the police fund and all expenditure of any such police authority shall be paid out of that fund.

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

F22 (3) For every [F23 police area consisting of a non-metropolitan county] . . . F24 an account, to be known as the police account, shall be kept of all expenditure and receipts of the police authority; and every such account, [F25 shall be treated for the purposes of [F26 Part III of the Local Government Finance Act 1982]as though it were included among the accounts of the council of that county, . . . F27 ]

(4) No sum shall be paid out of the police fund for a [F28 police area consisting of a non-metropolitan county] . . . F29 without the approval of the council of the county . . . F30 except—

(a) any sum required for giving effect to regulations under Part II of this Act;

(b) any sum required to satisfy any judgment or order of a court;

(c) any sum directed to be paid out of that fund by or under any enactment other than this section, including any such enactment in this Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F21 Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

F22 S. 8(2) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194, Sch. 12

F23 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(5)

F24 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272, Sch. 30

F25 Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), s. 196(3)

F26 Words substituted by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 34, Sch. 5 para. 2

F27 Words repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38, Sch. 6 Pt. IV

F28 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(5)

F29 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F30 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F31 Ss. 1(2)(3), 2(3), 8(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M6 1976 c. 35.

9 Acquisition of land. E+W

(1) The council of any county . . . F32 constituting a police area may by agreement acquire, whether by way of purchase, lease or exchange, any land which is required for the purpose of any of the functions of the police authority for the area; and [F33 subsections (3) and (4) of section 120 of theLocal Government Act 1972 shall apply to the acquisition of land under this subsection as they apply to the acquisition of land under that section];

(2) The council of any such county . . . F34 may be authorised by the Secretary of State to purchase compulsorily any land which is required for the purpose of any of the functions of the police authority for the county . . . F35 ; and the M7 Acquisition of Land [F36 Act 1981 shall apply to a compulsory purchase under this section], [F37 and subsection (3) of section 121 of the M8 Local Government Act 1972 shall apply in relation to a proposal to acquire any land in exercise of the power conferred by this subsection as it applies in relation to a proposal to acquire land in exercise of the power conferred by subsection (1) of that section].

(3) A combined police authority shall have the same powers with respect to the acquisition of land for police purposes, and the appropriation and disposal of land, as the council of a county . . . F38 ; and the provisions of this section, the [F39 M9 Local Government Act 1972] . . . M10 with respect to the acquisition, appropriation and disposal of land by such councils shall have effect accordingly as if references to the council of a county . . . F40 included references to a combined police authority.

(4) References in this Act to expenditure of a police authority or to expenses incurred for police purposes by any police authority include references to expenditure under this section by the council of a county . . . F41 on behalf of a police authority.

Textual Amendments

F32 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F33 Words substituted by Local Government Act 1972 (c. 70), s. 196(4)( a )

F34 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F35 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F36 Words substituted by Acquisition of Land Act 1981 (c. 67 SIF 28:1) s. 34, Sch. 4 para. 13

F37 Words added by Local Government Act 1972 (c. 70), s. 196(4)( b )

F38 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F39 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F40 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F41 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M7 1981 c. 67.

M8 1972 c. 70.

M9 1972 c. 70.

M10 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

10 Civilian employees. E+W

(1) The police authority for a police area for which a police force is maintained under section 1 of this Act, and the council of any county . . . F42 for which a police force is maintained under that section, may employ civilians for police purposes of the area.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(3) References in this Act to expenditure of a police authority or to expenses incurred for police purposes by any police authority include references to expenditure under this section by the council of a county . . . . . . F44 .

Textual Amendments

F42 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F43 S. 10(2) repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F44 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

11 Questions on police matters by members of county and county borough councils. E+W

Arrangements shall be made (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the police authority for [F45 any non-metropolitan county], . . . F46 or combined area to be put, in the course of the proceedings of the council for that county or, . . . F47 as the case may be, of a constituent council, by members of that council for answer by a member thereof who is also a member of the police authority and is nominated by that authority for that purpose.

Textual Amendments

F45 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(6)

F46 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F47 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Valid from 08/08/1994

[F48 Forces outside London] E+W

Textual Amendments

F48 Ss. 2, 3 and crossheading preceding s. 2 substituted for s. 2, 2A, 3 (8.8.1994 to the extent s. 3 is substituted and 1.4.1995 otherwise) by 1994 c. 29, s. 2; S.I. 1994/2025, art. 4; S.I. 1994/3262, art. 4, Sch.

Valid from 01/10/1994

F49 4A Local policing objectives. E+W

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

(2) Objectives determined under this section may relate to matters to which objectives determined under section 28A of this Act also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

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

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

(b) consider any views obtained by it in accordance with arrangements made under section 106 of the M11 Police and Criminal Evidence Act 1984 (arrangements for obtaining the views of the community on policing).

Textual Amendments

F49 Ss. 4, 4A-4C substituted for s. 4 (1.10.1994 for cetain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 4; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C7 S. 4A restricted (12.7.1995) by S.I. 1995/1771, art. 4(3)(b)(ii)

S. 4A restricted (12.7.1995) by 1995/1772, art. 4(3)(b)(ii)

S. 4A restricted (12.7.1995) by 1995/1773, art. 4(3)(b)(ii)

S. 4A restricted (12.7.1995) by 1995/1774, art. 4(3)(b)(ii)

Marginal Citations

M11 1984 c. 60.

Valid from 01/10/1994

F50 4B Local policing plans. E+W

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

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

(a) any objectives determined by the Secretary of State under section 28A of this Act,

(b) any objectives determined by the authority under section 4A, and

(c) any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise.

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

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

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

Textual Amendments

F50 Ss. 4-4C substituted for s. 4 (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 4; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C8 S. 4B restricted (12.7.1995) by S.I. 1995/1771, art. 4(3)(b)(ii)

S. 4B restricted (12.7.1995) by S.I. 1995/1772, art. 4(3)(b)(ii)

S. 4B restricted (12.7.1995) by S.I. 1995/1773, art. 4(3)(b)(ii)

S. 4B restricted (12.7.1995) by S.I. 1995/1774, art. 4(3)(b(ii)

Valid from 01/10/1994

F51 4C Annual reports by police authorities. E+W

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

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

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

Textual Amendments

F51 Ss. 4-4C substituted for s. 4 (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 4; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Valid from 01/04/1995

F52 5A Appointment and removal of chief constables. E+W

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

(2) Without prejudice to any regulations under Part II of this Act or under the M12 Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency or effectiveness.

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

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

Textual Amendments

F52 Ss. 5, 5A substituted for s. 5 (1.4.1995) by 1994 c. 29, s. 5; S.I. 1994/3262, art. 4, Sch.

Marginal Citations

M12 1976 c. 35.

Valid from 01/10/1994

[F53 8A Supply of goods and services. E+W

Subsections (1) to (3) of section 1 of the M13 Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall apply to a police authority established under section 3 of this Act as they apply to a local authority, except that in their application to a police authority the references in those subsections to a public body shall be read as references to any person.]

Textual Amendments

F53 S. 8A inserted (1.10.1994 for certain purposes and 1.4.1995 for other purposes) by 1994 c. 29, s. 9; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Marginal Citations

M13 1970 c. 39.

Valid from 01/10/1994

[F54 10A Appointment of clerk. E+W

A police authority established under section 3 of this Act shall appoint a person to be the clerk to the authority.]

Textual Amendments

F54 Ss. 10A, 10B inserted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 11; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Valid from 01/10/1994

F55 10B Appointment of persons not employed by police authorities. E+W

Where a police authority established under section 3 of this Act is required or authorised by any Act—

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

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

then, notwithstanding any provision of that Act to the contrary, the authority may appoint or designate either a person employed by the authority under section 10 of this Act, or a person not holding any office or employment under the authority.

Textual Amendments

F55 Ss. 10A, 10B inserted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 11; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

General provisions E+W

12 Reports by chief constables to police authorities. E+W

(1) Every chief constable shall, as soon as possible after the end of each calendar year, submit to the police authority a general report in writing on the policing during that year of the area for which his force is maintained.

(2) The chief constable of a police force shall, whenever so required by the police authority, submit to that authority a report in writing on such matters as may be specified in the requirement, being matters connected with the policing of the area for which the force is maintained.

(3) If it appears to the chief constable that a report in compliance with any such requirement of the police authority would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the police authority, he may request that authority to refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

(4) This section applies to the City of London police force as if for references to the chief constable there were substituted references to the Commissioner.

Modifications etc. (not altering text)

C9 S. 12 modified by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 5, 50(2), 55(14)

13 Collaboration agreements. E+W

(1) If it appears to the chief officers of police of two or more police forces that any police functions can more efficiently be discharged by members of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose.

(2) If it appears to any two or more police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained by those authorities, they may make an agreement for that purpose.

(3) Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the Secretary of State.

(4) An agreement under s ubsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.

(5) If it appears to the Secretary of State that an agreement should be made under subsection (1), subsection (2) or subsection (4) of this section, he may, after considering any representations made by the parties concerned, direct those parties to enter into such an agreement under those provisions as may be specified in the direction.

(6) The reference in subsection (1) of this section to members of a police force includes a reference to special constables for the area for which that force is maintained.

14 Aid of one police force by another. E+W

(1) The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

(2) If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1) above cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

(3) While a constable is provided under this section for the assistance of another police force he shall, notwithstanding section 5(1) of this Act, be under the direction and control of the chief officer of police of that other force.

(4) The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State.

15 Provision of special services. E+W

(1) The chief officer of police of any police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority.

(2) In the application of this section to the metropolitan police, for the reference in subsection (1) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

Valid from 21/07/1994

[F56 F56 15A Provision of advice and assistance to international organisations etc. E+W

(1) Subject to the provisions of this section, a police authority may provide advice and assistance—

(a) to an international organisation or institution, or

(b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief officer of police for its area.

(2) The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a member of the police force maintained by the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4) A consent or authorisation under subsection (3) of this section may be given subject to such conditions as the Secretary of State thinks fit.

(5) Nothing in this section authorises a police authority to provide any financial assistance by—

(a) making a grant or loan,

(b) giving a guarantee or indemnity, or

(c) investing by acquiring share or loan capital.

(6) A police authority may make charges for advice or assistance provided by it under this section.

(7) In its application in relation to the metropolitan police this section shall apply—

(a) as if the power conferred by subsection (1) were conferred on the Commissioner of Police of the Metropolis (and accordingly as if the references in subsections (1)(b) and (2) to a police authority were omitted), and

(b) as if in subsection (6) the reference to a police authority were a reference to the Receiver for the Metropolitan Police District.

(8) The provisions of this section are without prejudice to the M14 Police (Overseas Service) Act 1945 and section 10 of the M15 Overseas Development and Co-operation Act 1980.]

Textual Amendments

F56 S. 15A inserted (21.7.1994) by 1994 c. 29, ss. 13, 94(1)(3)(b)

Marginal Citations

M14 1945 c. 17.

M15 1980 c. 63.

16 Special constables. E+W

(1) The chief officer of police of the police force maintained for any police area may, in accordance with regulations under Part II of this Act, appoint special constables for that area.

(2) Subject to such regulations as aforesaid, all special constables for a police area (including persons appointed as such before the commencement of this Act) shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

17 Police cadets. E+W

(1) The chief officer of police of any police force may, in accordance with regulations under Part II of this Act and F57 . . ., appoint persons as police cadets to undergo training with a view to becoming members of that police force.

(2) Subject to such regulations as aforesaid, all police cadets (including persons appointed as such before the commencement of this Act) shall be under the control of, and subject to dismissal by, the chief officer of police.

(3) Without prejudice to subsection (2) above, the police authority by whom a police force is maintained shall, for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, be treated as the employer of any police cadets undergoing training with that force.

(4) In the application of this section to the metropolitan police, for the reference in subsection (3) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

Textual Amendments

F57 Words in s. 17(1) repealed (1.4.1995) by 1994 c. 29, ss. 44, 93, Sch. 5 Pt. I para. 3, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

17 Police cadets. E+W

(1) The chief officer of police of any police force may, in accordance with regulations under Part II of this Act and subject to the approval of the police authority as to numbers, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

(2) Subject to such regulations as aforesaid, all police cadets (including persons appointed as such before the commencement of this Act) shall be under the control of, and subject to dismissal by, the chief officer of police.

(3) Without prejudice to subsection (2) above, the police authority by whom a police force is maintained shall, for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, be treated as the employer of any police cadets undergoing training with that force.

(4) In the application of this section to the metropolitan police, for the reference in subsection (3) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

18 Attestation of constables. E+W

Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 2 to this Act—

(a) in the case of the metropolitan police district, before the Commissioner or an Assistant Commissioner of Police of the Metropolis;

(b) in any other case, before a justice of the peace having jurisdiction within the police area.

19 Jurisdiction of constables. E+W

(1) A member of a police force shall have all the powers and privileges of a constable throughout England and Wales.

(2) A special constable shall have all the powers and privileges of a constable in the police area for which he is appointed.

[F58 (3) Without prejudice to subsection (2) above, a special constable appointed for any police area shall have all the powers and privileges of a constable—

(a) in the case of a police area other than the City of London, in any other police area which is contiguous to his own police area;

(b) in the case of the City of London, in the metropolitan police district and in any area which is contiguous to that district.]

(4) A special constable who is for the time being required by virtue of section 13 or section 14 of this Act to serve with another police force shall have all the powers and privileges of a constable in any area in which special constables appointed for the area for which that force is maintained have those powers and privileges under this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(6) This section is without prejudice to [F60 section 18 of the M16 Police (Scotland) Act 1967] (execution of warrants in border counties of England and Scotland) and to any other enactment conferring powers on constables for particular purposes.

Textual Amendments

F58 Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4

F59 Ss. 19(5), 21(4), 25(1)–(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

F60 S. 19(3) substituted by Local Government Act 1972 (c. 70), s. 196(5)

Marginal Citations

M16 1967 c. 77.

20 Rewards for diligence. E+W

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.

Amalgamations E+W

21 Amalgamation schemes. E+W

(1) If it appears to the police authorities for any two or more police areas, being areas for which police forces are required by section 1 of this Act to be maintained, that it is expedient that those areas should be amalgamated for police purposes, they may for that purpose submit to the Secretary of State an amalgamation scheme, and the Secretary of State may by order approve any scheme so submitted to him.

(2) If it appears to the Secretary of State that it is expedient in the interests of efficiency that an amalgamation scheme should be made for any two or more such police areas and no scheme satisfactory to him has been submitted under subsection (1) of this section, the Secretary of State may for that purpose by order make such amalgamation scheme as he considers expedient.

(3) An amalgamation scheme shall make provision with respect to the following matters, that is to say—

(a) the establishment of a combined police authority and a combined police force for the combined area constituted by the scheme, and of a combined police fund for the payment of the expenses of that authority and force;

(b) the appointment of officers of the combined police authority, . . . F61 ;

(c) the payment into the combined police fund, out of the local funds of the areas comprised in the combined area, of contributions assessed in accordance with the provisions of the scheme;

(d) the transfer for the purposes of the scheme of members of the police forces concerned, other than chief constables, and of special constables and police cadets;

(e) the transfer to the combined police authority of property, rights and liabilities of the constituent authorities, and officers of those authorities, or the use by the combined police authority of any such property;

(f) . . . F62

and may provide for any other matters incidental to or consequential on the provisions of the scheme.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(5) An amalgamation scheme shall come into force on such date as may be prescribed by the scheme, and different dates may be so prescribed for the purposes of the provisions of the scheme relating to the constitution of the combined police authority and the performance by that authority of functions necessary for bringing the scheme into full operation, and for other purposes of the scheme.

(6) Before approving or making an amalgamation scheme the Secretary of State shall ascertain whether the constituent councils desire to make such a request as is referred to in section 3(4) of this Act.

(7) Schedule 3 to this Act shall have effect with respect to the procedure for making amalgamation schemes under subsection (2) of this section; and the transitory provisions set out in Schedule 4 to this Act shall have effect in relation to any amalgamation scheme under this section.

(8) A draft of any statutory instrument to be made under subsection (2) of this section shall be laid before Parliament.

Textual Amendments

F61 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F62 S. 21(3)(f) repealed by Local Government Act 1972 (c. 70), Sch. 30

F63 Ss. 19(5), 21(4), 25(1)–(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C10 S. 21(3) modified by S.I. 1973/840

C11 S. 21(7) modified by Local Government Act 1972 (c. 70), s. 196(9)

C12 S. 21(2) modified (prosp.) by 1994 c. 19, ss. 24(3), 66(3)

Valid from 30/09/1994

[F64 21A Alteration of Welsh police areas on local government reorganisation. E+W

(1) The Secretary of State shall by order made before 1st April 1996 make such alterations to police areas in Wales as he considers necessary or expedient in connection with the reorganisation of local government in Wales taking place on that date.

(2) The alterations that may be made by an order under subsection (1) of this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the division of any county or county borough between two or more police areas.

(3) The Secretary of State shall make an order under subsection (1) of this section only after he has consulted every body within the following paragraphs which is in existence when the order is made—

(a) the police authorities established under section 3 of this Act for the police areas altered by the order;

(b) the police authorities which are to be superseded by the police authorities mentioned in paragraph (a) of this subsection;

(c) the county councils which—

(i) are the councils of counties wholly or partly within the police areas altered by the order, and

(ii) are to cease to exist on 1st April 1996 by virtue of the M17 Local Government (Wales) Act 1994;

(d) the councils of the counties and county boroughs established by virtue of that Act which are wholly or partly within the police areas altered by the order;

and such other persons as he considers appropriate.]

Textual Amendments

F64 Ss. 21, 21A-21c substituted for s. 21 (1.10.1994 in so far as substitutes s. 21A and s. 21C and 1.4.1995 for certain other purposes) by 1994 c. 29, s. 14; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Marginal Citations

M17 1994 c. 19.

Valid from 30/09/1994

[F65 21B Objections to alterations proposed by Secretary of State. E+W

(1) Before making an order under section 21 of this Act by virtue of paragraph (b) of subsection (3) of that section, the Secretary of State shall give notice of his proposal to—

(a) the police authority for every area (other than the metropolitan police district) that he proposes to alter,

(b) the council of every county, district, county borough or London borough wholly or partly within any area (other than the metropolitan police district) that he proposes to alter,

(c) the council of every London borough, county or district all or part of which would under the proposal be brought into or left out of the metropolitan police district, and

(d) such other persons as he considers appropriate.

(2) A notice under subsection (1) of this section shall—

(a) specify the proposed alterations and describe the general nature of any related provisions proposed to be included in the order,

(b) set out the Secretary of State’s reasons for proposing the alterations, and

(c) specify a date before which any objections to the proposals are to be delivered to the Secretary of State.

(3) The date specified under subsection (2)(c) of this section shall fall after the end of the period of four months beginning with the date of the notice.

(4) Where objections have been duly delivered to the Secretary of State by a person notified under subsection (1) of this section, the Secretary of State shall before making the order under section 21 of this Act—

(a) consider the objections, and

(b) give to that person a further notice stating whether he accepts the objections and, if he does not, giving his reasons.

(5) Where the Secretary of State has given a notice under subsection (1) of this section specifying proposed alterations, the provisions of an order making the alterations may be inconsistent with the notice so far as it describes the general nature of the provisions, and may contain provisions not referred to in the notice.]

Textual Amendments

F65 Ss. 21, 21A-21C substituted for s. 21 (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 14; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

Valid from 30/09/1994

[F66 21C Orders altering police areas: supplementary provisions. E+W

(1) The power to make orders under section 21 or 21A of this Act includes power to make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient, including—

(a) provision as to the membership of a police authority;

(b) provision for the transfer of property, rights and liabilities;

(c) provision for the transfer of members of police forces and other persons;

(d) provision as to pending legal proceedings.

(2) Without prejudice to subsection (1) of this section, the power to make orders under section 21 or 21A of this Act includes power—

(a) to amend Schedule 1A to this Act and section 76 of the M18 London Government Act 1963 (extent of metropolitan police district), and

(b) to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order.

(3) No order shall be made under section 21 of this Act by virtue of paragraph (b) of subsection (3) of that section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(4) An order to which subsection (3) of this section applies, and which would apart from this subsection be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, shall proceed in that House as if it were not such an instrument.

(5) A statutory instrument containing an order under section 21 or 21A of this Act, other than an order to which subsection (3) of this section applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F66 Ss. 21, 21A-21C substituted for s. 21 (1.10.1994 in so far as substitutes s. 21A and 21C and 1.4.1995 otherwise) by 1994 c. 29, s. 14; S.I. 1994/2025, art. 6, S.I. 1994/3262, art. 4, Sch.

Marginal Citations

M18 1963 c. 33.

22 Amendment and revocation of schemes. E+W

(1) An amalgamation scheme may be amended or revoked by a subsequent scheme approved or made by the Secretary of State; and section 21 of this Act, and Schedules 3 and 4 to this Act, shall, so far as applicable, have effect in relation to any such subsequent scheme subject to any necessary modifications and to the following provisions of this section.

(2) Without prejudice to the generality of the foregoing subsection, provision may be made by any such subsequent scheme—

(a) for the division of the combined area into two or more police areas, being either counties . . . F67 or combined areas constituted by the subsequent scheme, or for the inclusion in the combined area of any other police area;

(b) for the dissolution and winding up of any combined police authority constituted under the original scheme, and of any combined police fund established thereunder, or for the reconstitution of any such authority or fund;

(c) for the transfer or retransfer to such police forces or police areas as may be determined by the subsequent scheme of members of the combined force other than the chief constable, or of special constables or police cadets;

(d) for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the combined police authority;

(e) for any other matters incidental to or consequential on the provisions of the subsequent scheme.

(3) The authority by whom a scheme for the amendment or revocation of an amalgamation scheme may be submitted under subsection (1) of section 21 of this Act shall be the combined police authority constituted by the original scheme, or if more than one scheme is to be amended or revoked, the combined police authorities constituted by those schemes, together with the police authority for any other police area which is to be included in a combined area under the scheme.

(4) The authorities to whom, under paragraph 1 of Schedule 3 to this Act, notice must be given by the Secretary of State of a scheme proposed to be made by him for the amendment or revocation of an amalgamation scheme shall be the authority or authorities by whom a scheme for that purpose could be submitted by virtue of subsection (3) of this section.

Subordinate Legislation Made

P1 S. 21 (with s. 22) power exercised by S.I.1991/209

P2 For exercises of power see Index to Government Orders

Textual Amendments

F67 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

23 Alteration of local government areas. E+W

[F68 (1) An amalgamation scheme may be approved or made under this Act [F69 with respect to any two or more prospective police areas] and subject to subsection (1A) below may be so approved or made before the relevant date.

(1A) A scheme under this section shall not come into force before the relevant date, except so far as it relates to the constitution of the combined police authority and to the performance by that authority of functions necessary for bringing the scheme into full operation on that date.

[F70 (1B) In this section—

• “prospective police area” means any area which (apart from any amalgamation scheme) would become a police area by virtue of an order under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972 or which, in accordance with such an order, is to be treated, for the purposes of the approval or making of any amalgamation scheme, as an area which would become a police area by virtue of that order; and

• “the relevant date”, in relation to a prospective police area, means the date on which the order in question gives effect to structural or boundary changes affecting the area comprised in the prospective police area;

and in this subsection the reference to a structural or boundary change is a reference to any structural or boundary change within the meaning of Part II of that Act of 1992 or, in relation to an order under Part IV of that Act of 1972, to the constitution of a new county or the alteration of an existing county.]]

(2) In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 21 and 22 of this Act and the Schedules therein mentioned shall apply subject to any necessary modifications and in particular to the following modifications, that is to say—

[F71 (a) any reference to a police area shall include a reference to a prospective police area;

(b) any reference, in relation to a prospective police area, to a constituent authority shall be a reference to the police authority for any police area the whole or any part of which will be included in the prospective police area and the council of any county the whole or any part of which will be so included; and

(c) any reference, in relation to a prospective police area, to the police authority (except a reference to which paragraph (b) above applies) shall be a reference to any constituent authority (within the meaning of that paragraph) other than the council for a county for which there is a separate police authority.]

[F72 (3) For the purposes of the approval or making of any amalgamation scheme with respect to any area, any steps required by this Act to be taken before an amalgamation scheme is approved or made may be taken at any time—

(a) after any report affecting that area, together with proposals or recommendations, has been submitted to the Secretary of State under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972; and

(b) before an order is made to give effect to the proposals or recommendations,

if the Secretary of State has notified the general nature of the order he intends to make to give effect to the proposals or recommendations to every authority which for the purposes of sections 21 and 22 above (as modified by subsection (2) above) would be a constituent authority in relation to that scheme.]

(4) An amalgamation scheme may be amended or revoked under this Act notwithstanding that it has been modified by an order under Part VI of the said Act of 1933 or Part II of the said Act of 1958.

Textual Amendments

F68 S. 23(1)(1A)(1B) substituted for s. 23(1) by Local Government Act 1972 (c. 70), s. 196(6)

F69 Words in s. 23(1) substituted (31.10.1992) for paras. (a) and (b) by Local Government Act 1992 (c. 19), s. 27, Sch. 3 para. 3(1); S.I. 1992/2371, art.2

F70 S. 23(1B) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27, Sch. 3 para. 3(2); S.I. 1992/2371, art.2

F71 S. 23: in subsection (2) paras. (a) to (c) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27, Sch. 3 para. 3(3); S.I. 1992/2371, art.2

F72 S. 23(3) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27, Sch. 3 para. 3(4); S.I. 1992/2371, art. 2

24 Adaptation of local Acts. E+W

(1) Where, by any local Act in force with respect to an area which ceases to be a separate police area by virtue of an amalgamation scheme, provision is made for conferring or imposing special powers or duties on the police, the Secretary of State may by order adapt the local Act so far as appears to him to be necessary or expedient for the purpose of the exercise or performance of those powers or duties by the police of the combined area.

(2) Nothing in this section or in any order made thereunder shall be construed as extending the area within which or the matters in relation to which any such powers or duties as aforesaid are authorised or required by a local Act to be exercised or performed.

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

Miscellaneous and supplemental E+W

25 Cambridge and Peterborough. E+W

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(5) The police authority for any police area consisting of or including the City of Cambridge shall include, in addition to the number of persons determined or prescribed under the foregoing provisions of this Act, five persons representing the University of Cambridge; and those persons shall be appointed at such times, in such manner and for such term as may be prescribed—

(a) in the case of a combined area, by the amalgamation scheme;

(b) in any other case, by rules made by the Secretary of State.

Textual Amendments

F73 Ss. 19(5), 21(4), 25(1)–(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C13 Unreliable marginal note

26 The Scilly Isles. E+W

(1) For the purposes of the application of this Part of this Act to the Isles of Scilly—

(a) the Isles shall be treated as if they were a county; and

(b) references to the council of a county and to the county fund shall be construed as references to the Council of the Isles and to the general fund of that Council respectively;

and any amalgamation scheme combining the Isles with any police area shall have effect accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Textual Amendments

F74 S. 26(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI

27 Interpretation of Part I. E+W

In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “amalgamation scheme” means a scheme under this Part of this Act or under the M19 Police Act 1946;

• . . . F75

• “constituent area” means a police area which is combined by an amalgamation scheme, and includes, in relation to a scheme amending an amalgamation scheme, the combined area constituted by the original scheme;

• “constituent authority” means the police authority for an area which is combined by an amalgamation scheme and includes . . . . F76 , the council of the county . . . F76 , and “constituent council” means any such council;

• “local fund” in relation to a county, means the county fund . . . F76

• “magistrate” has the same meaning as in the Justices of the M20 Peace Act 1949;

• “officer” includes servant.

Textual Amendments

F75 Definition of “consolidation agreement” repealed by Local Government Act 1972 (c. 70), Sch. 30

F76 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M19 1946 c. 46.

M20 1949 c. 101.

Part II E+W Central Supervision, Direction and Facilities

Functions of Secretary of State E+W

28 General duty of Secretary of State. E+W

The Secretary of State shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to promote the efficiency of the police.

Valid from 01/10/1994

[F77 F77 28A Setting of objectives for police authorities. E+W

(1) The Secretary of State may by order determine objectives for the policing of the areas of all police authorities established under section 3 of this Act.

(2) Before making an order under this section the Secretary of State shall consult—

(a) persons whom he considers to represent the interests of police authorities established under section 3 of this Act, and

(b) persons whom he considers to represent the interests of chief constables of forces maintained by those authorities.

(3) A statutory instrument containing an order under this section shall be laid before Parliament after being made.]

Textual Amendments

F77 S. 28A inserted (1.10.1994) by of 1994 c. 29, s. 15; S.I. 1994/2025, art. 6

Valid from 01/10/1994

[F78 28B Setting of performance targets. E+W

(1) Where an objective has been determined under section 28A of this Act, the Secretary of State may direct police authorities to establish levels of performance (“performance targets”) to be aimed at in seeking to achieve the objective.

(2) A direction under this section may be given to all police authorities established under section 3 of this Act or to one or more particular authorities.

(3) A direction given under this section may impose conditions with which the performance targets must conform, and different conditions may be imposed for different authorities.

(4) The Secretary of State shall arrange for any direction given under this section to be published in such manner as he thinks fit.]

Textual Amendments

F78 Ss. 28B inserted (1.10.1994) by virtue of 1994 c. 29, s. 15; S.I. 1994/2025, art. 6

Valid from 01/10/1994

[F79 28C Codes of practice. E+W

(1) The Secretary of State may issue codes of practice relating to the discharge by police authorities established under section 3 of this Act of any of their functions.

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

(3) The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.]

Textual Amendments

F79 Ss. 28C inserted (1.10.1994) by virtue of 1994 c. 29, s. 15; S.I. 1994/2025, art. 6

Valid from 01/04/1995

[28D F80 Power to give directions to police authorities after adverse reports. E+W

(1) The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 38 of this Act of any police force maintained under section 2 of this Act.

(2) Where a report made to the Secretary of State under section 38 of this Act on an inspection carried out for the purposes of this section states—

(a) that, in the opinion of the person making the report, the force inspected is not efficient or not effective, or

(b) that in his opinion, unless remedial measures are taken, the force will cease to be efficient or will cease to be effective,

the Secretary of State may direct the police authority responsible for maintaining the force to take such measures as may be specified in the direction.]

Textual Amendments

F80 S. 28D inserted (1.4.1995) by 1994 c. 29, s. 15; S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C14 S. 28D amended by (1.4.1995) by 1994 c. 29, s. 29(1)-(3); S.I. 1994/3262, art. 4, Sch.

29 Removal of chief constables &c. E+W

(1) The Secretary of State may require a police authority to exercise their power under Part I of this Act to call upon the chief constable to retire in the interests of efficiency.

(2) Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to [F81 a deputy or assistant chief constable], the Secretary of State shall give the chief constable or deputy or assistant chief constable an opportunity to make representations to him and shall consider any representations so made.

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

(4) The costs incurred by a chief constable or deputy or assistant chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

Textual Amendments

F81 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 15

Valid from 01/10/1994

[F82 F82 29A Reports from police authorities. E+W

(1) A police authority shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the discharge of the authority’s functions, or otherwise with the policing of its area, as may be specified in the requirement.

(2) A requirement under subsection (1) of this section may specify the form in which a report is to be given.

(3) The Secretary of State may arrange, or require the police authority to arrange, for a report under this section to be published in such manner as he thinks fit.]

Textual Amendments

F82 S. 29A inserted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 16; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

30 Reports from chief constables. E+W

(1) The Secretary of State may require any chief constable to submit to him a report on such matters as may be specified in the requirement, being matters connected with the policing of his area.

(2) Every chief constable shall, as soon as possible after the end of each calendar year, submit to the Secretary of State the like report as is required by subsection (1) of section 12 of this Act to be submitted to the police authority.

(3) This section shall apply to the City of London police force as if for references to a chief constable there were substituted references to the Commissioner.

31 Police grant. E+W

(1) The Secretary of State may make grants in respect of expenses incurred for police purposes—

(a) by any police authority maintaining a county police force, . . . F83 or combined police force;

(b) by the Receiver for the Metropolitan Police District or by the Common Council of the City of London.

[F84 (c) (c) by the Northumbria police authority.]

(2) Grants under this section shall be of such amounts, be payable at such times, in such manner, and subject to such conditions, and be carried to such funds, as the Secretary of State may with the approval of the Treasury by order determine; and any such order may provide for the deduction from grants under this section of such sums as may be determined by or under the order on account of expenditure of the Secretary of State under section 41, 44 or 45 of this Act.

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

(4) Any expenses incurred for the purpose of or in connection with the functions of a police authority under [F85 section 81 of the M21 Road Traffic Regulation Act 1967] shall be treated for the purposes of this section as expenses incurred by that authority for police purposes.

Textual Amendments

F83 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F84 S. 31(1)(c) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(7)

F85 Words substituted by virtue of Road Traffic Regulation Act 1967 (c. 76), Sch. 8 para. 2

Modifications etc. (not altering text)

C15 S. 31 modified by (1.10.1994) by 1994 c. 29, s. 33; S.I. 1994/2025, art. 5

Marginal Citations

M21 1967 c. 76.

Valid from 01/11/1994

F86 31A Grants for capital expenditure. E+W

(1) The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes by—

(a) police authorities for areas other than the metropolitan police district, and

(b) the Receiver for the Metropolitan Police District.

(2) Grants under this section may be made either unconditionally or subject to conditions.

(3) The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

Textual Amendments

F86 Ss. 31-31B substituted (1.11.1994 for certain purposes) by 1994 c. 29, s. 17; S.I 1994/2025, art. 7

Valid from 01/11/1994

F87 31B Grants for expenditure on safeguarding national security. E+W

(1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes by—

(a) police authorities for areas other than the metropolitan police district, and

(b) the Receiver for the Metropolitan Police District,

in connection with safeguarding national security.

(2) Grants under this section may be made either unconditionally or subject to conditions.

(3) The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

Textual Amendments

F87 Ss. 31-31B substituted s. 31 (1.11.1994 for certain purposes) by 1994 c. 29, s. 17; S.I. 1994/2025, art. 7

32 Local inquiries. E+W

(1) The Secretary of State may cause a local inquiry to be held by a person appointed by him into any matter connected with the policing of any area.

(2) Any inquiry under this section shall be held in public or in private as the Secretary of State may direct.

(3) [F88 Subsections (2) and (3) of section 250 of the M22 Local Government Act 1972] (power to summon and examine witnesses) shall apply to any inquiry held under this section as they apply to an inquiry held under that section.

(4) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

(5) The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of any inquiry held under this section shall be defrayed out of the police fund or, if the inquiry relates to more than one police area, out of the police funds concerned in such proportions as may be specified in the direction; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

Textual Amendments

F88 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Marginal Citations

M22 1972 c. 70.

33 Regulations for police forces. E+W

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

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:—

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

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

(c) periods of service on probation;

(d) voluntary retirement of members of police forces;

(e) the maintenance of discipline in police forces;

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

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

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

(i) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 47 of this Act;

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

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

(5) Regulations under this section may make different provision for different cases and circumstances, and may authorise the Secretary of State to make provision for any purposes specified in the regulations.

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

Textual Amendments

F89 S. 33(3) repealed by Police Act 1976 (c. 46), s. 10(6)

Modifications etc. (not altering text)

C16 S. 33 amended by Sex Discrimination Act 1975 (c. 65), s. 17(2) and Police Act 1976 (c. 46), s. 10

C17 S. 33 amended by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(1)(a)(2)

C18 S. 33(2)(e)amended by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss.101(1), 102(4)

34 Regulations for special constables. E+W

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

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:—

(a) the qualifications for appointment of special constables;

(b) the retirement of special constables;

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

(d) the allowances payable to special constables; and

(e) the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces.

(3) If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.

(4) Subsections (5) and (6) of section 33 of this Act shall apply to regulations under this section.

Modifications etc. (not altering text)

C19 S. 34 amended by Superannuation Act 1972 (c. 11), s. 15(5)(b) and Sex Discrimination Act 1975 (c. 65), s. 17(2)

35 Regulations for police cadets. E+W

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

(2) Subsections (4), (5) and (6) of section 33 of this Act shall apply to regulations under this section.

Modifications etc. (not altering text)

C20 S. 35 amended by Superannuation (Miscellaneous Provisions) Act 1967 (c. 28), s. 13, Superannuation Act 1972 (c. 11), s. 15(5)(b), and Sex Discrimination Act 1975(c. 65), s. 17(2)

C21 S. 35 amended by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(1)(a)(2)(3)

36 Regulations as to standard of equipment. E+W

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

[F90 37 Disciplinary appeals to Secretary of State. E+W

(1) A member of a police force who is dealt with for an offence against discipline may appeal to the Secretary of State—

(a) against the decision on the disciplinary charge which was preferred against him;

(b) against any punishment awarded, except where he has a right of appeal to some other person; and in that case he may appeal to the Secretary of State from any decision of that other person.

(2) On an appeal the Secretary of State may make an order allowing or dismissing the appeal.

(3) Subject to subsection (4) below, in any case where it appears to him that it is appropriate to do so, he may substitute some other punishment.

(4) The Secretary of State may not substitute another punishment unless it appears to him—

(a) that the person or tribunal who heard the disciplinary charge could have awarded it; and

(b) that it is less severe than the punishment awarded by that person or tribunal.

(5) The Secretary of State may direct an appellant to pay the whole or any part of his own costs; but, subject to any such direction, all the costs and expenses of an appeal under this section, including the costs of the parties, shall be defrayed out of the police fund.

(6) Schedule 5 to this Act shall have effect in relation to any appeal under this section.]

Textual Amendments

F90 S. 37 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 103(1)

Part III E+W+S Police Representative Institutions

44 Police Federations. E+W+S

(1) There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in England and Wales and in Scotland respectively in all matters affecting their welfare and efficiency, other than questions of discipline [F91 affecting individuals, except as provided by subsection (1A) below, and questions of] promotion affecting individuals.

[F92 (1A) A Police Federation may represent a member of a police force at any disciplinary proceedings or on an appeal from any such proceedings.

(1B) Except on an appeal to the Secretary of State or as provided by section 102 of the Police and Criminal Evidence Act 1984, a member of a police force may only be represented under subsection (1A) above by another member of a police force.]

(2) The Police Federations shall act through local and central representative bodies; and the Police Federations and every branch thereof shall be entirely independent of, and [F93 subject to subsection (2A) of this section] unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

[F94 (2A) The Secretary of State from time to time may authorise a Police Federation or a branch thereof to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify and may vary or withdraw an authorisation previously given; and anything for the time being so authorised shall not be precluded by subsection (2) of this section.]

(3) The Secretary of State may by regulations prescribe the constitution and proceedings of the Police Federations [F95 or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations] and, without prejudice to the generality of that power, regulations under this subsection may make provision—

(a) with respect to the membership of the Federations;

(b) with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by committees or bodies of the Federations to police authorities, chief officers of police and the Secretary of State;

(d) for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by police authorities for police purposes; and

(e) for modifying any regulations under the [F96 M23 Police Pensions Act 1976] under section 33 of this Act or under [F97 section 26 of the M24 Police (Scotland) Act 1967] in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

(4) Regulations under this section may contain such supplementary and transitional provisions as the Secretary of State thinks fit, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.

(5) Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

Textual Amendments

F91 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 109(a)

F92 S. 44(1A)(1B) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 109(b)

F93 Words inserted by Police Act 1972 (c. 39), s. 1(2)

F94 Words inserted by Police Act 1972 (c. 39), s. 1(3)

F95 Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 109(c)

F96 Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

F97 Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4

Marginal Citations

M23 1976 c. 35

M24 1967 c. 77

45 F98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F98 S. 45 repealed by Police Act 1969 (c. 63), s. 4(8)

46 Police Advisory Boards for England and Wales and for Scotland. E+W+S

(1) There shall be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively.

(2) The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests of police authorities and of members of police forces and police cadets.

(3) Before making regulations under section 33 or section 35 of this Act, [F99 other than regulations with respect to any of the matters mentioned in section 1(1) of the M25 Police Negotiating Board Act 1980] the Secretary of State shall furnish a draft of the regulations to the Police Advisory Board for England and Wales, and take into consideration any representations made by that Board.

Textual Amendments

F99 Words substituted by virtue of Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(4)

Marginal Citations

M25 1980 c. 10.

47 Membership of trade unions. E+W+S

(1) Subject to the provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force:

Provided that where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.

(2) If any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the chief registrar of friendly societies.

(3) This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

(4) Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Part IV E+W+S Miscellaneous and General

Remedies and complaints against police E+W

48 Liability for wrongful acts of constables. E+W

(1) The chief officer of police for any police area shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(2) There shall be paid out of the police fund—

(a) any damages or costs awarded against the chief officer of police in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required in connection with the settlement of any claim made against the chief officer of police by virtue of this section, if the settlement is approved by the police authority.

(3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief officer of police; and references in the foregoing provisions of this section to the chief officer of police shall be construed accordingly.

(4) A police authority may, in such cases and to such extent as they think fit, pay any damages or costs awarded against a member of the police force maintained by them, or any constable for the time being required to serve with that force by virtue of section 14 of this Act, or any special constable appointed for their area, in proceedings for a tort committed by him, any costs incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings; and any sum required for making a payment under this subsection shall be paid out of the police fund.

49 - 50 F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F100 Ss. 49 - 50 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s.119(2), Sch. 7 Pt. VI

Offences E+W

51 Assaults on constables. E+W

(1) Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable—

[F101 on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F102 level 5 on the standard scale] or to both].

(2) Subsection (2) of [F103 section 17 of the M26 Firearms Act 1968] (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) of this section.

(3) Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding [F104 level 3 on the standard scale], or to both.

Textual Amendments

F101 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 1 para. 18

F102 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F103 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F104 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Marginal Citations

M26 1968 c. 27.

52 Impersonation, &c. E+W

(1) Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F105 level 5 on the standard scale], or to both.

(2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F106 level 3 on the standard scale].

(3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding [F107 level 1 on the standard scale].

(4) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document; and “special constable” means a special constable appointed for a police area.

Textual Amendments

F105 Words substituted by virtue of Criminal Justice Act 1982 (c .48, SIF 39:1), ss. 39(2), 46, Sch. 3

F106 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F107 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

53 Causing disaffection. E+W

(1) Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of any police force, or induces or attempts to induce, or does any act calculated to induce, any member of a police force to withhold his services or to commit breaches of discipline, shall be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2) This section applies to special constables appointed for a police area as it applies to members of a police force.

Valid from 01/04/1995

[F108 53A Grants by local authorities. E+W

(1) The council of a county, district, county borough or London borough may make grants to any police authority established under section 3 of this Act whose police area falls wholly or partly within the county, district, county borough or borough.

(2) The council of a London borough, county, or district which falls wholly or partly within the metropolitan police district may make grants for police purposes to the Receiver for the Metropolitan Police District.

(3) Grants under this section may be made unconditionally or, with the agreement of the chief officer of police for the police area concerned, subject to conditions.

(4) This section applies to the Council of the Isles of Scilly as it applies to a county council.]

Textual Amendments

F108 S. 53A inserted (1.4.1995) by 1994 c. 29, s. 24; S.I. 1994/3025, art. 4, Sch.

Valid from 01/10/1994

[F109 53B Acceptance of gifts and loans. E+W

(1) A police authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as the authority thinks fit.

(2) The terms on which gifts or loans are accepted under subsection (1) of this section may include terms providing for the commercial sponsorship of any activity of the police authority or of the police force maintained by it.

(3) In the application of this section to the metropolitan police, for the references to the police authority there shall be substituted references to the Receiver for the Metropolitan Police District.]

Textual Amendments

F109 S. 53B inserted (1.10.1994) by 1994 c. 29, s. 25; S.I. 1994/2025, art. 5

Valid from 01/04/1995

[F110 53C Police officers engaged on service outside their force. E+W

(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 15A(2) of this Act,

(b) central service (as defined in section 43(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c) service the expenses of which are payable under section 1(1) of the M27 Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e) service pursuant to an appointment under section 10 of the M28 Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2) In subsection (1) of this section “appropriate authority” has the same meaning as in section 43 of this Act.

(3) Subject to subsections (4) to (7) of this section, 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 M29 Police 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 33 of this Act fixing his rate of pay by reference to his length of service.

(4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) to regulations made under the M30 Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of M31 the Police (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) of this section 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 paragraph (a), (b) or (e) of subsection (1) of this section, or

(b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the M32 Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c) while engaged on relevant service within paragraph (d) 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 subsection (3) of section 33 of this Act 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 37 of this Act shall apply accordingly.

(7) For the purposes of subsection (6) of this section 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 the Chief Constable of the Royal Ulster Constabulary, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.]

Textual Amendments

F110 S. 53C inserted (1.4.1995) by 1994 c. 29, s. 26; S.I. 1994/3262, art. 4, Sch.

Marginal Citations

M27 1945 c. 17.

M28 1980 c. 63.

M29 1976 c. 35.

M30 1976 c. 35.

M31 1945 c. 17.

M32 1945 c. 17.

Miscellaneous E+W

54 Criminal statistics. E+W

(1) The chief officer of police of every police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in the area for which the force is maintained as the Secretary of State may require.

(2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

55 Abolition of fees. E+W

Section 23 of the M33 Police Act 1890 (fees payable to constables), and any other enactment or rule of law whereby constables are authorised or required to take a fee for any act done in the course of their duty as such, shall cease to have effect.

Marginal Citations

M33 1890 c. 45.

56 Metropolitan and City of London police funds. E+W

There shall be paid out of the metropolitan police fund and the City of London police fund respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State) any expenditure incurred under this Act in respect of—

(a) any special constables appoinred for the metropolitan police district or the City of London; and

(b) any police cadets appointed in relation to the metropolitan police force or the City of London police force.

[F111 57 Police expenses of counties falling partly within the metropolitan police district. E+W

(1) Any police expenses payable out of the county fund of any county falling partly within the metropolitan police district shall be chargeable only on so much of the county as does not fall within that district, without prejudice, however, to section 67 of the M34 London Government Act 1963 (power of rating authority to aggregate like expenses chargeable on different parts of rating area.)

(2) In this section “police expenses” means expenses for police purposes (including contributions to the police fund of a combined police authority) or expenses which are for any purpose treated as incurred for police purposes or are under any enactment payable out of the police fund.]

Textual Amendments

F111 S. 57 repealed (E.W.) by S.I. 1990/776, art. 3, Sch. 1

Marginal Citations

M34 1963 c. 33.

58 Chief constables affected by amalgamations or local government reorganisations. E+W

(1) If the chief constable of a police force which ceases to exist in consequence of an order under Part I of this Act or [F112 Part IV of the M35 Local Government Act 1972] is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

(2) While a person is a member of a police force by virtue only of this section he shall hold the rank of [F113 deputy]chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 5(1) of this Act.

(3) A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under Part II of this Act, cease to be a member thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force.

(4) The provision to be made by regulations under section 60(2) of the Local Government Act 1958 (as extended by Schedule 9 to this Act) with respect to the chief constable of a police force who, after becoming a member of another police force by virtue of this section, ceases to be a member of that force without having accepted and taken up an appointment therein shall, if he was the chief constable of a police force at the commencement of this Act, be not less favourable than any provision by way of a pension that would have been payable to or in respect of him by virtue of the [F114 M36 Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M37 Police Act 1946 and he had neither been transferred to the combined force nor joined it within three months.

(5) Where the chief constable of a police force is engaged for a period of overseas service within the meaning of the M38 Police (Overseas Service) Act 1945 or a period of central service within the meaning of section 43 of this Act, and before the end of that period that force ceases to exist as mentioned in subsection (1) of this section—

(a) that subsection shall apply to him as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period; and

(b) paragraph 2 of Schedule 4 to this Act shall not apply to him.

(6) For the purposes of section 4(2) of this Act no account shall be taken of subsection (2) of this section.

(7) In this section “successor force”, in relation to a police force which ceases to exist in consequence of any order, means a force to which members of that police force are transferred by virtue of the order; and “date of transfer” means the date as from which those members are so transferred.

Textual Amendments

F112 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F113 Word substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(6)

F114 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 5

Marginal Citations

M35 1972 c. 70.

M36 1976 c. 35.

M37 1946 c. 46.

M38 1945 c. 17 (9 & 10 Geo. 6).

59 F115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F115 S. 59 repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

Supplemental E+W+S

60 Orders, rules and regulations. E+W

(1) Any power of the Secretary of State to make orders, rules or regulations under this Act (other than orders on appeals under section 37) shall be exercisable by statutory instrument.

(2) Any power of the Secretary of State to make orders under this Act (other than such orders as aforesaid) includes power to amend or revoke an order by a subsequent order.

61 Expenses. E+W

There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act, and any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

62 Meaning of “police area” &c. E+W

Except where the context otherwise requires, in this Act . . . F116

(a) “police area” or “police district” means any of the areas mentioned in column 1 of Schedule 8 to this Act;

(b) “police authority”, “chief officer of police” and “police fund” mean, in relation to any such area, the authority, officer or fund mentioned in respect of that area in columns 2, 3 and 4 of that Schedule respectively; and

(c) “police force” means the force maintained by any of the police authorities mentioned in that Schedule.

Textual Amendments

F116 Words repealed by Interpretation Act 1978 (c. 30), Sch. 3

63 Minor and consequential amendments. E+W+S

The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Modifications etc. (not altering text)

C22 The text of s. 63 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

64 Interpretation, repeals and transitional provisions. E+W+S

(1) In this Act the expression “police purposes”, in relation to a police area, includes the purposes of special constables appointed for that area, of police cadets undergoing training with a view to becoming members of the police force maintained for that area and of civilians employed for the purpose of that force or of any such special constables or cadets.

(2) References in this Act to any enactment shall be construed as references to that enactment as amended, and as including references thereto as extended or applied, by any subsequent enactment.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(4) The Secretary of State may by order repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in any instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act [F118 (including any provision of the M39 Police (Scotland) Act 1967 which re-enacts any provision of this Act repealed by that Act)] or corresponds to any provision repealed by this Act; and any statutory instrument made under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The transitional provisions contained in Schedule 11 to this Act shall have effect for the purposes of this Act.

(6) Without prejudice to subsection (5) above, where any provision is made by this Act corresponding to any enactment repealed by this section, any regulation, order, rule or appointment made, and any other thing done, under that enactment shall have effect as if it were made or done under that provision.

Textual Amendments

F117 S. 64(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F118 Words inserted by Police (Scotland) Act 1967 (c. 77), Sch. 4

Marginal Citations

M39 1967 c. 77.

65 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Police Act 1964.

(2) This Act shall come into force on such date as the Secretary of State may by order appoint.

(3) Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.

(4) An order under subsection (2) of this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provisions of this Act then in force as appear to the Secretary of State necessary or expedient for the purpose or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the M40 London Government Act 1963.

(5) The following provisions of this Act extend to Scotland, namely, Part III; . . . F119 ; section 63 and Schedule 9, so far as they relate to enactments extending to Scotland; section 64 and Part II of Schedule 10; and this section.

(6) This Act does not extend to Northern Ireland.

Textual Amendments

F119 Words repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

Modifications etc. (not altering text)

C23 Power of appointment conferred by s. 65(2) fully exercised

C24 power of appointment conferred by s. 65(2) fully exercised: S.I. 1964/873 and 1964/874

Marginal Citations

M40 1963 c. 33.