Police Act 1964

58 Chief constables affected by amalgamations or local government reorganisations. E+W

(1) If the chief constable of a police force which ceases to exist in consequence of an order under Part I of this Act or [F1 , section 58 of the M1 Local Government Act 1972 or section 17 of the M2 Local Government Act 1992] is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

(2) While a person is a member of a police force by virtue only of this section he shall hold the rank of [F2 assistant]chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 5(1) of this Act.

(3) A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under Part II of this Act, cease to be a member thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force.

[F3 (3A) If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.]

(4) The provision to be made by regulations under section 60(2) of the Local Government Act 1958 (as extended by Schedule 9 to this Act) with respect to the chief constable of a police force who, after becoming a member of another police force by virtue of this section, ceases to be a member of that force without having accepted and taken up an appointment therein shall, if he was the chief constable of a police force at the commencement of this Act, be not less favourable than any provision by way of a pension that would have been payable to or in respect of him by virtue of the [F4 M3 Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M4 Police Act 1946 and he had neither been transferred to the combined force nor joined it within three months.

(5) Where the chief constable of a police force is engaged for a period of overseas service within the meaning of the M5 Police (Overseas Service) Act 1945 or a period of central service within the meaning of section 43 of this Act, and before the end of that period that force ceases to exist as mentioned in subsection (1) of this section—

(a) that subsection shall apply to him as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period; and

(b) paragraph 2 of Schedule 4 to this Act shall not apply to him.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “successor force”, in relation to a police force which ceases to exist in consequence of any order, means a force to which members of that police force are transferred by virtue of the order; and “date of transfer” means the date as from which those members are so transferred.

Textual Amendments

F1 Words in s. 58(1) substituted (1.4.1995) by virtue of 1994 c. 29, s. 44, Sch. 5 Pt. I para. 14(1)(2); S.I. 1994/3262, art. 4, Sch.

F2 Words in s. 58(2) substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. I para. 14(3); S.I. 1994/3262, art. 4, Sch.

F3 S. 58(3A) inserted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. I para. 14(3); S.I. 1994/3262, art. 4, Sch.

F4 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 5

F5 S. 58(6) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I 1994/3262, art. 4, Sch.

Marginal Citations

M1 1972 c. 70.

M2 1992 c. 19.

M3 1976 c. 35.

M4 1946 c. 46.

M5 1945 c. 17 (9 & 10 Geo. 6).