Police Act 1964

SCHEDULES

Schedule 1A E+W POLICE AREAS

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Schedule 1B E+W POLICE AUTHORITIES ESTABLISHED UNDER SECTION 3

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F16 Schedule 1C E+W POLICE AUTHORITIES: SELECTION OF INDEPENDENT MEMBERS

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Section 18.

SCHEDULE 2 E+W Form of Declaration

SCHEDULE 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 37.]

[F29 SCHEDULE 5 E+W Disciplinary Appeals

Textual Amendments

F29 Sch. 5 substituted by Police and Criminal Evidence Act 1984 (c. 60, S.I.F.95), s. 103(2)

Notice of appeal E+W

1 Any appeal under section 37 of this Act (in this Schedule referred to as “the principal section”) shall be instituted by giving a notice of appeal within the time prescribed under this Schedule.

Respondent E+W

2 (1) On any appeal under the principal section against the decision of a police authority the respondent shall be that authority.

(2) On any other appeal under that section the respondent shall be the chief officer of police of the police force to which the appellant belongs or such other person as the Secretary of State may direct; and the Secretary of State may direct any respondent under this sub-paragraph to act in relation to the appeal in consultation with such other person or persons as the Secretary of State may specify.

Inquiries E+W

3 (1) The Secretary of State may appoint three persons to hold an inquiry into and report to him on any appeal under the principal section other than an appeal from a decision of a police authority and, subject to sub-paragraph (2) below, shall do so where—

(a) it appears to him that the appeal cannot be properly determined without taking evidence; or

(b) the appellant has been punished by way of dismissal, requirement to resign or reduction in rank and has requested that such persons be appointed.

(2) The Secretary of State need not make an appointment under sub-paragraph (1) above if he is satisfied that there are sufficient grounds for allowing the appeal without an inquiry.

(3) The persons appointed under sub–paragraph (1) above shall be—

(a) a, [F30 person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990] who shall be chairman;

(b) a serving or retired inspector of constabulary or a retired chief officer; and

(c) a retired officer of appropriate rank within the meaning of sub-paragraph (4) below.

(4) A retired officer of appropriate rank means—

(a) where the appellant was, immediately before the disciplinary proceedings, of the rank of chief superintendent or superintendent, a retired police officer who at the time of his retirement was of either of those ranks; and

(b) in any other case, a retired police officer who at the time of his retirement was of the rank of chief inspector or below.

(5) The Secretary of State may appoint one or more persons to hold an inquiry into and report to him on an appeal under the principal section from a decision of a police authority.

(6) The Secretary of State may require persons appointed under this paragraph to deal in their report with any particular matter specified by him.

(7) Subsections (2) and (3) of section 250 M6 of the Local Government Act 1972 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

(8) The Secretary of State may require persons appointed under this paragraph to hold a hearing.

(9) Persons so appointed shall hold a hearing in any case where they are not required to do so under sub-paragraph (8) above, unless it appears to them that it is unnecessary to do so.

(10) A decision whether to hold a hearing shall not be taken under sub-paragraph (9) above unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(11) Where a hearing is held in the course of an inquiry, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

(12) Before making an order under the principal section the Secretary of State shall 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.

(13) The Secretary of State may, before making an order under the principal section, remit the case for further investigation by the person or persons who held the inquiry or, if he thinks fit, for further consideration by the person or persons whose decision is the subject of the appeal.

Textual Amendments

F30 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 71(2), Sch. 10, para. 22

Marginal Citations

M6 1972 c. 70 (81:1)

Notice and effect of orders E+W

4 (1) A copy of any order made by the Secretary of State, together with a written statement of his reasons for making it, shall as soon as made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person or persons who held the inquiry; and the order 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 order 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 order 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 order, 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 his reinstatement and, if he were suspended for a period immediately preceding the date of the decision, the order shall deal with the suspension.

(3) Any costs payable under the principal section shall be subject to taxation in such manner as the Secretary of State may direct.

Rules E+W

5 (1) 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, may make rules—

(a) prescribing the form and content 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; and

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

(c) providing for the person or persons holding an inquiry to receive evidence or representations in writing instead of holding a hearing.

(2) Any rules made under this paragraph shall be laid before Parliament after being made.

SCHEDULES 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULES 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 63

X1 SCHEDULE 9 E+W+S Minor and Consequential Amendments

Editorial Information

X1 The text of Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactment	Amendment
F34 . . .	F34 . . .
F35 . . .	F35 . . .
F35 . . .	F35 . . .
F36 . . .	F36 . . .
F37 . . .	F37 . . .
The M7 Metropolitan Police Act 1886.	In section 2 for the words “Minister of Health” there shall be substituted the words “Secretary of State”.
The M8 Riot (Damages) Act 1886	Throughout the Act for the words “police authority” there shall be substituted the words “compensatio n authority”.
	In section 2(1), for the words “the police rate” there shall be substituted the words “the police fund”.
	In section 5, in subsection (1), for the words from “moneys held by them” to “the said moneys” there shall be substituted the words “the police fund, and shall also pay out of the said fund” ; in subsection (3) for the words “riot expenses” there shall be substituted the words “any compensation, costs and expenses payable under subsection (1) of this section”; and subsection (4) shall be omitted.
	In section 9, for the words from “means one of the districts” to “assigned to them” there shall be substituted the words and the expression “police fund” have the same meaning as in the Police Act 1964 and the expression “compensation authority”means—
	(a) in relation to a district for which the police authority is a committee of the council of a county or borough, that council;
	(b) in relation to the metropolitan police district, the Reciever for that district; and
	(c) in relation to any other district, the police authority.
The M9 Metropolitan Police (Reciever) Act 1895.	In section 1 for the words “absent from his duties” there shall be substituted the words “unable to act whether by reason of absence or otherwise”.
F38 . . .	F38 . . .
F39 . . .	F39 . . .
F40 . . .	F40 . . .
F41 . . .	F41 . . .—
	F41 . . .
	F41 . . .
	F41 . . .
F35 . . .	F35 . . .
F42 . . .	F42 . . .
The M10 Local Government (Miscllaneous Provisions) Act 1953.	In section 18, after subsection (2) there shall be added thew following subsection— “(3)– In relation to a council of any county or county borough any reference in paragraph (a) or (b of subsection (1) of section 1 of this Act to the authority, and any references in paragraph (a) of subsection (1) of section 2 of this Act to the local authority, shall be construed as including a reference to a police authority which is a committee of that council”.
F35 . . .	F35 . . .
The M11 Local Government Act 1958.	In section 60(2), after the words “the Act of 1933” there shall be inserted the words “or of any order under Part I of the Police Act 1964”; and for the words “that Act” there shall be substituted the words “the Act of 1933”.
F35 . . .	F35 . . .
The M12 Betting, Gaming and Lotteries Act 1963.	In Schedule 2, in paragraph 1, sub–paragraph (5) shall be omitted.

Textual Amendments

F34 Sch. 9: entry relating to the Metropolitan Police Act 1839 repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI, and expressed to be repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

F35 Sch. 9: entries relating to the City of London Police Act 1839, the Town Police Clauses Act 1847, the National Insurance (Industrial Injuries) Act 1946, the Homicide Act 1957 and the Road Traffic and Roads Improvement Act 1960, repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

F36 Entry relating to The Juries Act 1870 repealed by Criminal Justice Act 1972 (c.71, S I F 39:1), s. 64(2), Sch. 6 Pt. I

F37 Entry relating to Metropolitan Police Staff (Superannuation) Act 1875 repealed by Statute Law Repeals Act 1974 (c. 22), s. 1, Sch. Pt. XI

F38 Sch. 9: entry relating to “Children and Young Persons Act 1933”repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9

F39 Entry relating to the Local Government Act 1933 repealed by S.I. 1974/595, art. 3(22), Sch. 1 Pt.I

F40 Entry relating to Firearms Act 1937 repealed by Firearms Act 1968 (c. 27, S I F 51:1), s. 59(1), Sch. 7

F41 Sch. 9: entry relating to “Police (Overseas Service) Act 1945” repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F42 Entry relating to the Police Pensions Act 1948 repealed by Police Act 1976 (c. 35, S I F 95), s. 13(2), Sch. 3

Marginal Citations

M7 49 & 50 Vict. 22

M8 49 & 50 Vict. c. 38

M9 58 & 59 Vict c. 12

M10 1 &2 Eliz. 2. c. 26.

M11 6 & 7 Eliz. 2. c. 55

M12 c. 55

SCHEDULE 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 64.

SCHEDULE 11 E+W Transitional Provisions

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