Police Act 1964

[F1 Forces outside London] E+W

Textual Amendments

F1 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.

[F2 2 Maintenance of police forces. E+W

A police force shall be maintained for every police area for the time being listed in Schedule 1A to this Act.]

Textual Amendments

F2 Ss. 2, 3 and crossheading preceding s. 2 substituted for ss. 2, 2A, 3 (8.8.1994 to extent s. 3 is sustituted and 1.4.1995 otherwise) by 1994 c. 29, s. 2; S.I. 1994/2025, art. 4; S.I. 1994/3262, art. 4, Sch.

[F3 3 Establishment of police authorities. E+W

(1) There shall be a police authority for every police area for the time being listed in Schedule 1A to this Act.

(2) A police authority established under this section for any area shall be a body corporate to be known by the name of the area with the addition of the words “Police Authority”.]

Textual Amendments

F3 Ss. 2, 3 substituted ss. 2, 2A, 3 (8.8.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 2; S.I. 1994/2025, art. 4, S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C1 S. 3 continued (1.4.1996) by S.I. 1995/2864, art. 3

[F4 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

F4 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.

F5 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

F5 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)

C2 S. 4 amended by S.I. 1973/734, art. 5

C3 S. 4(2) modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 85(3)

Valid from 01/10/1994

F6 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 M1 Police and Criminal Evidence Act 1984 (arrangements for obtaining the views of the community on policing).

Textual Amendments

F6 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)

C4 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

M1 1984 c. 60.

Valid from 01/10/1994

F7 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

F7 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)

C5 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

F8 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

F8 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.

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 [F9 M2 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

F9 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

M2 1976 c. 35.

Valid from 01/04/1995

F10 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 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 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

F10 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

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 [F11 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) [F12 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

F11 Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)(a)

F12 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)(b)

[F13 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

F13 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 [F14 , 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

F14 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 [F15 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(3) For every [F17 police area consisting of a non-metropolitan county] . . . F18 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, [F19 shall be treated for the purposes of [F20 Part III of the Local Government Finance Act 1982]as though it were included among the accounts of the council of that county, . . . F21 ]

(4) No sum shall be paid out of the police fund for a [F22 police area consisting of a non-metropolitan county] . . . F23 without the approval of the council of the county . . . F23 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F15 Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

F16 S. 8(2) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194, Sch. 12

F17 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(5)

F18 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272, Sch. 30

F19 Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), s. 196(3)

F20 Words substituted by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 34, Sch. 5 para. 2

F21 Words repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38, Sch. 6 Pt. IV

F22 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(5)

F23 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F24 Ss. 1(2)(3), 2(3), 8(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M6 1976 c. 35.

Valid from 01/10/1994

[F25 8A Supply of goods and services. E+W

Subsections (1) to (3) of section 1 of the M7 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

F25 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

M7 1970 c. 39.

9 Acquisition of land. E+W

(1) The council of any county . . . F26 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 [F27 subsections (3) and (4) of section 120 of the M8 Local 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 . . . F26 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 . . . F26 ; and the M9 Acquisition of Land [F28 Act 1981 shall apply to a compulsory purchase under this section], [F29 and subsection (3) of section 121 of the M10 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 . . . F26 ; and the provisions of this section, the [F30 M11 Local Government Act 1972] . . . F31 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 . . . F26 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 . . . F26 on behalf of a police authority.

Textual Amendments

F26 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F27 Words substituted by Local Government Act 1972 (c. 70), s. 196(4)(a)

F28 Words substituted by Acquisition of Land Act 1981 (c. 67 SIF 28:1) s. 34, Sch. 4 para. 13

F29 Words added by Local Government Act 1972 (c. 70), s. 196(4)(b)

F30 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F31 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Marginal Citations

M8 1972 c. 70.

M9 1981 c. 67.

M10 1972 c. 70.

M11 1972 c. 70.

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 . . . F32 for which a police force is maintained under that section, may employ civilians for police purposes of the area.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(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 . . . . . . F32 .

Textual Amendments

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

F33 S. 10(2) repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Valid from 01/10/1994

[F34 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

F34 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

F35 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

F35 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.

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 [F36 any non-metropolitan county], . . . F37 or combined area to be put, in the course of the proceedings of the council for that county or, . . . F37 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

F36 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 37, Sch. 11 para. 1(6)

F37 Words repealed by Local Government Act 1972 (c. 70), Sch. 30