Pt. I(ss. 1-27) restricted (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(4)(a)
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.
S. 3 continued (1.4.1996) by S.I. 1995/2864, art. 3
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.
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.
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.
Ss. 4,
S. 5(1) excluded by Police Act 1969 (c. 63), s. 1(3)
Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)
Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)(a)
Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(2)(b)
S. 6A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(3)
1945 c.17(95)
1980 c.63(88)
Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 14
S. 8 substituted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 8,; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.
Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Words substituted by Local Government Act 1972 (c. 70), s. 196(4)(a)
Words substituted by Acquisition of Land Act 1981 (c. 67 SIF 28:1) s. 34, Sch. 4 para. 13
Words added by Local Government Act 1972 (c. 70), s. 196(4)(b)
Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
S. 10 substituted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 10; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.
S. 11 substituted (1.10.1994 for certain purposes and 1.4.1995 for all other purposes) by 1994 c. 29, s. 12; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.
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.
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)
Ss. 4,
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)
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.
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.
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.
Ss. 5, 5A substituted for s. 5 (1.4.1995) by 1994 c. 29, s. 5; S.I. 1994/3262, art. 4, Sch.
A police force shall be maintained for every police area for the time being listed in Schedule 1A to this Act.
There shall be a police authority for every police area for the time being listed in Schedule 1A to this Act.
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”.
Subject to subsection (2) of this section, each police authority established under section 3 of this Act shall consist of seventeen members.
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.
A statutory instrument containing an order made under subsection (2) of this section shall be laid before Parliament after being made.
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.
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.
Before making an order to which this section applies, the Secretary of State shall consult—
the authority,
the councils which are relevant councils in relation to the authority for the purposes of Schedule 1B to this Act, and
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.
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.
It shall be the duty of every police authority established under section 3 of this Act to secure the maintenance of an efficient and effective police force for its area.
In discharging its functions, every police authority established under section 3 of this Act shall have regard to—
any objectives determined by the Secretary of State under section 28A of this Act,
any objectives determined by the authority under section 4A,
any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise, and
any local policing plan issued by the authority under section 4B.
In discharging any function to which a code of practice issued under section 28C of this Act relates, a police authority established under section 3 of this Act shall have regard to the code.
A police authority shall comply with any direction given to it by the Secretary of State under section 28B or 28D of this Act.
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.
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.
Before determining objectives under this section a police authority shall—
consult the chief constable for the area, and
consider any views obtained by it in accordance with arrangements made under section 106 of the
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”).
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—
any objectives determined by the Secretary of State under section 28A of this Act,
any objectives determined by the authority under section 4A, and
any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise.
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.
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.
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.
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.
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.
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.
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.
The same person may, with the consent of the police authorities concerned, be appointed chief constable of more than one police force.
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.
Without prejudice to any regulations under Part II of this Act or under the
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.
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.
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.
Without prejudice to any regulations under Part II of this Act or under the
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.
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.
In every police force maintained under section 1 of this Act there shall be a
during any absence, incapacity or suspension from duty of the chief constable;
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.
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.
The establishment of any such police force as aforesaid may include one or more persons holding the rank of assistant chief constable.
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.
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—
was a deputy chief constable before a period—
of central service; or
of overseas service, as defined in
of service in pursuance of an appointment under
became a deputy chief constable by virtue of section 58(2) of this Act.
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.
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.
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
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.
Each police authority established under section 3 of this Act shall keep a fund to be known as the police fund.
Subject to any regulations under the
Accounts shall be kept by each police authority of payments made into or out of the police fund.
Subsections (1) to (3) of section 1 of the
The council of any county . . .
The council of any such county . . .
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 . . .
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 . . .
A police authority established under section 3 of this Act may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.
A police authority shall exercise its powers under section 101 (and section 107) of the
Subsection (2) of this section shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.
The powers of direction and control referred to in subsection (2) of this section include the powers of engagement and dismissal.
A police authority established under section 3 of this Act shall appoint a person to be the clerk to the authority.
Where a police authority established under section 3 of this Act is required or authorised by any Act—
to appoint a person to a specified office under the authority, or
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.
Every relevant council shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of a police authority to be put by members of the council at a meeting of the council for answer by a person nominated by the authority for that purpose.
On being given reasonable notice by a relevant council of a meeting of that council at which questions on the discharge of the police authority’s functions are to be put, the police authority shall nominate one or more of its members to attend the meeting to answer those questions.
In this section “