C1Part I Organisation of Police Forces
County, county borough and combined forces
F11 Police areas.
1
England and Wales shall be divided into police areas.
2
The police areas referred to in subsection (1) of this section shall be—
a
b
the City of London police area and the metropolitan police district.
3
References in Schedule 1A to any local government area are to that area as it is for the time being, but excluding any part of it within the metropolitan police district.
2AF2 Police authorities for metropolitan counties and Northumbria police area.
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.
F43 Forces outside London
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.
C3F374A Local policing objectives.
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 M9Police and Criminal Evidence Act 1984 (arrangements for obtaining the views of the community on policing).
C4F384B Local policing plans.
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.
F394C Annual reports by police authorities.
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.
F445A Appointment and removal of chief constables.
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 M11Police 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.
8AF40 Supply of goods and services.
Subsections (1) to (3) of section 1 of the M10Local 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.
F4110A Appointment of clerk.
A police authority established under section 3 of this Act shall appoint a person to be the clerk to the authority.
F4210B Appointment of persons not employed by police authorities.
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.
General provisions
12 Reports by chief constables to police authorities. C2
1
F51A
A chief constable shall arrange for a report submitted by him under subsection (1) of this section to be published in such manner as he thinks fit.
2
The chief constable of a police force shall, whenever so required by the police authority, submit to that authority a report F6. . . 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.
F72A
A report submitted under subsection (2) of this section shall be in such form as the police authority may specify.
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.
F83A
The police authority may arrange, or require the chief constable to arrange, for a report under subsection (2) of this section to be published in such manner as the authority thinks fit.
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.
13 Collaboration agreements.
1
If it appears to the chief officers of police of two or more police forces that any police functions can more efficiently F9or effectively 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.
F107
The provisions of this section shall not prejudice the power of a police authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of the authority’s functions.
14 Aid of one police force by another.
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.
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.
F1915AF19 Provision of advice and assistance to international organisations etc.
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
16 Special constables.
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.
1
The chief officer of police of any police force may, in accordance with regulations under Part II of this Act and F11. . ., 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.
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.
1
A member of a police force shall have all the powers and privileges of a constable throughout England and Wales F12and the adjacent United Kingdom waters..
2
A special constable shall have all the powers and privileges of a constable in the police area for which he is appointed F13and, where the boundary of that area includes the coast, in the adjacent United Kingdom waters.
F143
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 F15police area, in any other police area which is contiguous to his own police area;
b
in the case of the City of London F15police area, 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F175A
In this section—
“powers” includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;
and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.
6
20 Rewards for diligence.
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
F2021 Power to alter police areas by order.
1
The Secretary of State may by order make alterations in police areas in England and Wales other than the City of London police area.
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 abolition of the metropolitan police district.
3
The Secretary of State shall not exercise his power under subsection (1) of this section to make alterations unless either—
a
he has received a request to make the alterations from the police authority for each of the areas (other than the metropolitan police district) affected by them, or
b
it appears to him to be expedient to make the alterations in the interests of efficiency or effectiveness.
4
The Secretary of State shall exercise his power to make orders under this section in such a way as to ensure that none of the following areas—
a
a county in which there are no district councils,
b
a district in any other county,
c
a county borough in Wales, and
d
a London borough,
is divided between two or more police areas.
5
Subsection (4) shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.
F2421A Alteration of Welsh police areas on local government reorganisation.
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 M6Local 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.
F2521B Objections to alterations proposed by Secretary of State.
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.
F2621C Orders altering police areas: supplementary provisions.
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 M7London 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.
F2122.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous and supplemental
25
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
F285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 The Scilly Isles.
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
F29. . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Pt. I(ss. 1-27) restricted (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(4)(a)