Police Act 1964

Section 59.

SCHEDULE 7 Amendments of Police (Scotland) Act 1956

1 In section 1, subsections (2), (3), (4) and (7) shall be omitted.

2 In section 4—

• in subsection (1)(b), at the end there shall be inserted the words " and, in this respect, to take every precaution to ensure that persons charged with offences are not unreasonably and unnecessarily detained in custody ";

• for subsection (2) there shall be substituted the following subsection—

  “(2) The performance by a constable of a duty under any other enactment or under any rule of law shall be subject to the direction of the appropriate chief constable.”;

• for subsection (4) there shall be substituted the following subsection—

  “(4) Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland.”;

• in subsection (6), after the words " police forces" there shall be inserted the words " or to collaboration agreements " ;

• after subsection (6), there shall be inserted the following subsection—

  “(7) This section shall be without prejudice to the next following section, and to any other enactment conferring powers on a constable for particular purposes”.

3 In section 6—

• in subsection (1), for the word " with " there shall be substituted the words " after consultation with and subject to ";

• in subsection (3), for the words " next following subsection " there shall be substituted the words " three next following subsections "; after paragraph (c), there shall be inserted the following paragraph— “or

  (d) may, without prejudice to those regulations, be required to retire by the police authority acting with the approval of the Secretary of State where they consider that his retirement is in the interests of efficiency”;

• and after that subsection there shall be inserted the following subsections—

  “(3A) Before seeking the approval of the Secretary of State under the last foregoing subsection the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made.

  (3B) A chief constable who is required to retire as aforesaid shall retire on such date as may be specified in the requirement or on such earlier date as may be agreed upon between him and the police authority”;

• in subsection (4) for the words " the last preceding subsection" there shall be substituted the words " subsection (3) of this section ".

4 After section 6, there shall be inserted the following section:—

“6A Power of Secretary of State to require retirement of chief constables &c.

(1) The Secretary of State may require a police authority to exercise their power under the last foregoing section to call on a chief constable to retire, in the interests of efficiency, and the police authority shall comply with any such requirement.

(2) Before requiring the exercise of that power or approving the exercise of that or the similar power with respect to the deputy or an 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 police authority to exercise 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) Where the Secretary of State is satisfied that the whole or any part of the expenses of a chief constable or deputy or assistant chief constable in respect of an inquiry under this section were not reasonably incurred, he may direct the constable to pay those expenses or that part of those expenses, as the case may be, or such proportion of the whole or of that part as he may think fit, but, subject to any such direction, those expenses shall be paid by the police authority.”

5 In section 7—

• in subsection (1), for the words from " a person " to the end of the subsection there shall be substituted the words " appointments and promotions to any rank below that of assistant chief constable in any police force shall be made by the chief constable. "; and after that subsection there shall be inserted the following subsection :—

  “(1A) Appointments or promotions to the rank of assistant chief constable shall be made in accordance with the aforesaid regulations by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.”;

• for subsection (2) there shall be substituted the following subsection :—

  “(2) Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a constable of a police force (other than the chief constable) as they apply to the chief constable, with the substitution for any reference to the police authority of a reference to the person who is, in relation to the constable, the appropriate disciplinary authority as defined by subsection (5) of section 11 of this Act;

  Provided that paragraph (d) of the said subsection (3) and the said subsections (3A) and (3B) shall not apply to a constable below the rank of assistant chief constable unless he holds the appointment of deputy chief constable.”

6 In section 10—

• for subsections (1) and (2), there shall be substituted the following subsections:—

  “(1) In every police force there shall be a deputy chief constable.

  (2) Appointments to the office of deputy chief constable shall be made by the police authority, after consultation with the chief constable and subject to the approval of the Secretary of State and in accordance with regulations under section 11 of this Act.”;

• subsection (3) shall be omitted ;

• in subsection (4), for the words after " constable, and" there shall be substituted the following words—

  “(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.”;

• after subsection (5), there shall be added the following subsections:—

  “(6) The provisions of subsection (4) 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.

  (7) Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a deputy chief constable as they apply to a chief constable.”

7 After section 10, there shall be inserted the following section:—

“10A Police cadets.

(1) The chief constable of any police force may, in accordance with regulations under section 11A of this Act and subject to the approval of the police authority and of the Secretary of State 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 constable.

(3) Subject to subsection (2) above, the police authority shall be treated for the purposes of any legal proceedings, and for the purposes of any enactment relating to the functions of employers, as the employer of any police cadets appointed to undergo training with the police force maintained by that authority.”

8 In section 11—

• for subsection (2) there shall be substituted the following subsection :—

  “(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 and promotion of members of police forces ;

  (b) periods of service on probation;

  (c) voluntary retirement of members of police forces ;

  (d) the retirement of special or temporary constables ;

  (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 any body recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964;

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

  (k) 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 regular constables ; and

  (l) the issue, use and return of police clothing, personal equipment and accoutrements.”;

  and at the end of that subsection there shall be inserted the following subsection—

  “(2A) 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.”

• in subsection (6), for the words from the beginning to the words " that Act" there shall be substituted the words

  “Before making regulations under this section, other than regulations to which section 45(4) of the Police Act 1964 applies, the Secretary of State shall submit a draft either—

  (a) to the Police Advisory Board for Scotland established by section 46 of the said Act of 1964”;

  and for the word " council" there shall be substituted the word " Board ".

9 After section 11, there shall be inserted the following sections:—

“11A Regulations for police cadets.

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

(2) 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.

(3) Subsection (6) of section 11 of this Act shall apply to regulations under this section.

11B Regulations as to standard of equipment.

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.

11C Disciplinary appeals.

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

(2) On an appeal under this section the Secretary of State may—

(a) allow the appeal;

(b) dismiss the appeal; or

(c) vary the punishment by substituting some other punishment (whether more or less severe) which could have been imposed on the appellant.

(3) The Secretary of State may direct the appellant to pay the whole or any part of his own expenses, but, subject to any such direction, all the expenses of an appeal under this section, including the expenses of the parties, shall be paid by the police authority.

(4) Schedule 1A to this Act shall have effect in relation to any appeal under this section.”

10 In section 12, in paragraph (b) of subsection (2), after the words " police forces" there shall be inserted the words " or to collaboration agreements ", and in paragraph (c) the words " other than a constable " shall be omitted.

11 In section 16 for subsection (2) there shall be substituted the following subsection:—

“(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 constable of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.”

12 After section 16 there shall be inserted the following section:—

“16A Collaboration agreements.

(1) If it appears to the chief constables 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 subsection (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 agreement for that purpose as may be specified in the directions.”

13 In section 23, for subsection (1) there shall be substituted the following subsection:—

“(1) Where, immediately before the date when an amalgamation scheme comes into operation, either—

(a) section 29B(1)(a) of this Act, or

(b) section 2 of the Police (Overseas Service) Act 1945,

applied to any person as having been a member of a transferred force, that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the said date as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.”

14 After section 23, there shall be inserted the following—

“Remedies and Complaints against police

23A Liability for wrongful acts of constables.

(1) The chief constable of a police force shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his general direction in the performance or purported performance of his functions in like manner as a master is so liable in respect of a wrongful act or omission on the part of his servant in the course of the servant's employment.

(2) The police authority shall pay—

(a) any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses 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 constable of a police force 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 constable 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 constable; and references in the foregoing provisions of this section to the chief constable shall be construed accordingly.

(4) The police authority may, in such cases and to such extent as they think fit, pay any damages or expenses awarded against a constable of a police force maintained by them or any constable for the time being required to serve with that force by virtue of section 16 of this Act, in proceedings arising from any wrongful act or omission on the part of that constable, any expenses 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.

(5) The provisions of this section shall come into force on such date as the Secretary of State may by order appoint, and the order may be made with restrospective effect to any date specified in the order not being earlier than the date of the passing of the Police Act 1964.

23B Information as to manner of dealing with complaints.

Every police authority and inspectors of constabulary shall keep themselves informed as to the manner in which complaints made by members of the public against members of a police force are dealt with by the chief constable.”

15 In section 29, for subsection (6) there shall be substituted the following subsection—

“(6) The Secretary of State may, after consulting such bodies or associations as appear to him to be representative of police authorities, by order, apply the last preceding subsection to other expenses specified in the order incurred by him for the purposes of police forces generally.”

16 After section 29, there shall be inserted the following sections:—

“29A Research.

The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency of the police.

29B Central service on police duties.

(1) Subject to the provisions of this section, where a member of a police force is, whether before or after the commencement of the Police Act 1964, engaged, with the consent of the appropriate authority, for a period of central service he shall be treated as if he were not a member of that force during that period or so much of it as falls after the commencement of that Act; but, except where a pension, allowance or gratuity becomes payable to him out of moneys provided by Parliament by virtue of regulations made under the Police Pensions Act 1948—

(a) he shall be entitled at the end of his period of central service to revert to his police force in the rank in which he was serving immediately before he was engaged as aforesaid ; and

(b) he shall be treated for the purposes of any scale prescribed by or under the police regulations fixing his rate of pay by reference to his length of service, as if he had been serving in that force during that period.

(2) Notwithstanding anything in subsection (1) above, a person engaged on central service may be promoted in his police force as if he were serving in that force ; and in any such case the reference in paragraph (a) of that subsection to the rank in which he was serving immediately before he engaged shall be construed as a reference to the rank to which he is promoted, and 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.

(3) Notwithstanding anything in subsection (1) above, a member of a police force may be dealt with under the police regulations relating to discipline for anything done or omitted while engaged on central service as if that service were service in his police force, and section lie of this Act shall apply accordingly.

(4) The Police Pensions Act 1948 shall apply to any member of a police force engaged on central service and accordingly shall have effect, in relation to any such member, as modified by Schedule 6 to the Police Act 1964.

(5) In this section—

• ' central service ' means temporary service under the Crown in connection with the provision by the Secretary of State of common police services, research or other services connected with the police, and service as a staff officer to the inspectors of constabulary ;

• ' appropriate authority ' in relation to a member of a police force means the chief constable acting with the consent of the police authority, except that in relation to the chief constable it means the police authority ; and ' police regulations ' means regulations made under section 11 of this Act.”

17 After section 30, there shall be inserted the following section:—

“30A Local inquiries.

(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) Subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 (provisions as to local inquiries) 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.”

18 After section 33, there shall be inserted the following sections:—

“33A Assistant inspectors and staff officers.

(1) The Secretary of State may appoint assistant inspectors of constabulary, and may appoint members of police forces to be staff officers to the inspectors of constabulary.

(2) Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may, with the consent of the Treasury, determine.

33B Pensions of inspectors and assistant inspectors.

The Police Pensions Act 1948 shall apply to any inspector or assistant inspector of constabulary appointed after the commencement of this section and accordingly shall have effect, in relation to any such person, as modified by Schedule 6 to the Police Act 1964.”

19 In section 34 after subsection (2) there shall be inserted the following subsection:—

“(2A) 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, after consultation with the police authority, 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.”

20 In section 36(2) after the word " regulations ", there shall be inserted the word " rules ".

21 After Schedule 1, there shall be inserted the following Schedule :—

Section 11C.

“SCHEDULE 1A Disciplinary Appeals

Notice of Appeal

1 Any appeal under section 11c of this Act (in this Schedule referred to as ' the principal section') shall be instituted by giving a notice of appeal in the prescribed manner and within the prescribed time.

Respondent

2 On any appeal under the principal section, the appropriate disciplinary authority for the police force shall be made the respondent.

Inquiries

3 (1) The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without (taking evidence, request the sheriff to hold an inquiry and report to him.

(2) The sheriff, in holding an inquiry under this paragraph, may require any person 'to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law ; and if any person fails without reasonable excuse to comply with the provisions of any such requirement he shall be liable on summary conviction to a fine not exceeding five pounds.

(3) The sheriff, in the exercise of the functions conferred on him by this paragraph, shall have the like power as regards the administration of oaths as if he were acting in the exercise of his civil jurisdiction.

(4) The Secretary of State shall, before determining an appeal under the principal section, consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(5) The Secretary of State may, before determining an appeal under the principal section, remit the case for further investigation by the sheriff when an inquiry has been held, or in any case, if he trunks fit, for further consideration by the disciplinary authority.

(6) In this paragraph ' sheriff' does not include sheriff-substitute.

Notice and effect of determinations

4 (1) A determination on an appeal made by the Secretary of State under the principal section shall, as soon as practicable, be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the sheriff holding the inquiry and the determination shall be final and binding upon all parties.

(2) Where an appeal is allowed, or the punishment is varied, by the Secretary of State, the determination shall take effect by way of substitution for the decision appealed from, and as from the date of that decision ; and where the effect of the determination is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the determination, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of reinstatement, and, if he was suspended for a period immediately preceding the date of the decision, the determination shall deal with the suspension.

Rules

5 The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, shall make rules—

(a) prescribing the form and contents of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted ;

(b) prescribing the documents to be submitted and the time within which they are to be submitted by the respondent:

Provided that the rules shall provide for giving to the appellant the right to be represented at an inquiry by a serving member of a police force or by counsel or a solicitor, and for giving to the respondent the right to be represented by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.”