Subject to the provisions of any amalgamation scheme, a police force shall be maintained F2for every local government area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.

Subject to the provisions of this Act relating to amalgamation schemes, any reference in this Act to a police area shall be construed as a reference to an area for which a police force falls to be maintained in pursuance of this section, or would apart from the said provisions fall to be so maintained, and shall include a reference to the territorial waters, if any, adjacent to such area.

F3For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority and, subject to the provisions of any amalgamation scheme, shall have in relation to that area, and to the police force maintained for that area or for any combined area comprising that area, the functions conferred or imposed upon police authorities by this Act.

The police authority shall pay to the constables of a police force pay and allowances in accordance with regulations made under Part II of this Act, and shall reimburse to such constables any expenses reasonably incurred by them in the performance of their duty . . . F4.

The police authority may, subject to any regulations made under Part II of this Act, provide and maintain such vehicles, apparatus, accoutrements, clothing and other equipment as may be required for the purposes of a police force.

The police authority may, subject to the consent of the Secretary of State, provide and maintain such land and buildings and other structures, and make such alterations in any buildings and other structures already provided, as may be required for the purposes of a police force (including cells for the temporary confinement of persons taken into police custody and dwelling-houses or other housing accommodation for constables).

A police force shall consist of a chief constable, regular constables and special constables.

In subsection (1) above—

Subject to the provisions of section 19(2)(a) of this Act and of any regulations made under Part II of this Act, the police authority shall, after consultation with, and subject to the approval of, the Secretary of State, appoint the chief constable of the police force maintained for their area.

A person appointed to the office of chief constable of a police force shall hold the rank of chief constable.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Before seeking the approval of the Secretary of State under paragraph (d) of 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 on to retire as aforesaid shall retire on such date as the police authority may specify when calling on him to retire or on such earlier date as may be agreed upon between him and the police authority.

Nothing in subsection (4) of this section shall prejudice the operation of section 23(2) of this Act, or of any enactment providing for retirement by virtue of section 1 of the F7M1Police Pensions Act 1976 (police pension regulations).

The ranks that may be held in a police force maintained under section 1 of this Act shall include that of assistant chief constable (but not that of deputy chief constable); and in every such police force there shall be at least one person holding that rank.

Appointments and promotions to the rank of 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.

Subsections (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable.

No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable.

If there is more than one person in a police force who holds the rank of deputy chief constable, 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 5(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.

Appointments and promotions to any rank below that of assistant chief constable in any police force shall be made, subject to the provisions of section 19(2)(a) of this Act and of any regulations made under Part II of this Act, by the chief constable.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The ranks which may be held in a police force shall be such as may be prescribed, and the ranks so prescribed shall include the ranks of chief constable F10. . ., assistant chief constable F10. . . superintendent F11, chief inspector, inspector, sergeant and constable..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

There shall not be assigned to any constable at any time a rank lower than that which he then holds, except with his consent or in accordance with regulations F13made in accordance with section 26(2A) of this Act.

The chief constable of any police force may, in accordance with regulations made under Part II of this Act F14. . ., appoint persons as police cadets to undergo training with a view to becoming constables of that police force.

Subject to such regulations as aforesaid, all police cadets shall be under the control of, and subject to dismissal by, the chief constable.

Subject to subsection (2) of this section, the police authority for a police area 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 for that area.

A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables.

The police authority shall exercise their powers under section 56 (and section 63) of the M2Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force.

Subsection (2) above 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) above include the powers of engagement and dismissal.

A police authority may be authorised by the Secretary of State to acquire compulsorily land required for the purposes of their functions under this Act, and the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if this section had been in force immediately before the commencement of that Act.

For the purposes of subsection (1) of this section and of F16sections 70 to 78 of the M4Local Government (Scotland) Act 1973 (acquisition of and dealings in land by local authorities) any land required, acquired, appropriated or held for the purposes of a police force shall be deemed to be required, acquired, appropriated or held, as the case may be, for the purposes of the functions of the police authority under this Act.

If it appears to the chief constable of a police force that the resources of the force are insufficient to meet any particular circumstances he may apply for assistance to the chief constable of any other police force, who may thereupon arrange for such assistance to be given from the resources of that other force as in his opinion the circumstances of that other force permit.

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) of this section 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 directions.

A copy of any directions given to the chief constable of any police force under subsection (2) of this section shall be sent to the police authority for the area for which that force is maintained and shall be binding on them so far as it affects their functions in relation to that force.

The cost of any assistance given under any of the foregoing provisions of this section from the resources of a police force shall be divided between the police authorities concerned in such manner as may be agreed between them, or, in default of such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of any agreement, as may be directed by the Secretary of State.

If it appears to the chief constables of two or more police forces that any police functions can more efficiently be discharged by constables 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.

If it appears to the police authorities for any two or more police areas that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained for those areas, they make an agreement for that purpose.

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.

An agreement under subsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.

If it appears to the Secretary of State that an agreement should be made under subsection (1) or 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.

The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

A police authority may make charges for advice and assistance provided by it under this section.

The provisions of this section are without prejudice to the M5Police (Overseas Service) Act 1945 and section 10 of the M6Overseas Development and Co-operation Act 1980.

The police authority for any police area may enter into an agreement with the occupier of any premises or land in the area, on such terms as may be specified in the agreement, for the guarding, patrolling and watching of the premises or land by constables of the police force maintained for the area.

The power conferred upon a police authority by subsection (1) of this section may be delegated by them, subject to such limitations and conditions as may be specified in the delegation, to the chief constable of the police force.

Where such arrangements as are mentioned in subsection (1) of this section have been made, the police authority may recover from the occupier of the land (or, if the occupier proves that some other person is responsible for the construction of the works, from that other person) such sums representing the cost necessarily incurred in each year in pursuance of the arrangements as may be agreed, or as may be fixed by a single arbiter appointed (in default of agreement as to the appointment) by the F19sheriff principal.

The provisions of this section shall be without prejudice to the provisions of section 17(3) of this Act.

In this section F19sheriff principal does not include a F19sheriff.

The chief constable of a police force shall before 31st F20July in each year submit to the police authority a F21report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, the policing, during the F22twelve months ending on 31st March in that year, of the area for which the force is maintained, and shall send a copy of the report to each of the other authorities specified in subsection (3) of this section.

Subject to the following provisions of this section, the chief constable of a police force shall, whenever required by any of the authorities specified in subsection (3) of this section, submit to that authority a report on such matters as may be so required, being matters connected with the policing of the area for which the force is maintained.

The authorities referred to in subsections (1) and (2) of this section are—

• the Secretary of State,

• the F23sheriff principal having jurisdiction in any part of the area . . . F24

• the police authority.

If it appears to the chief constable that a report in compliance with a requirement made by the police authority in pursuance of subsection (2) of this section 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.

Nothing in the foregoing provisions of this section shall require a chief constable to submit . . . F24 to any F23sheriff principal a report on matters which are not connected with the policing, . . . F24 of places in which the F23sheriff principal has jurisdiction.

In this section F23sheriff principal does not include a F23sheriff.

The performance by a constable of his functions under this or any other enactment or under any rule of law shall be subject to the direction of the appropriate chief constable.

Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland F110and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters.

The foregoing provisions of this section shall not apply to any constable of a police force who is for the time being suspended from duty in accordance with any regulations made under Part II of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

In this section—

• “powers” includes powers under any enactment, whenever passed or made;

• “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.

This section shall be without prejudice to section 18 of this Act, and to any other enactment conferring powers on a constable for particular purposes.

If it appears to the police authorities for any two or more police areas that it is expedient that those areas should be combined for police purposes, they may for that purpose submit to the Secretary of State a scheme (in this Act referred to as an “amalgamation scheme”) and the Secretary of State may by order approve any scheme so submitted to him.

The reference in subsection (2)(d) of this section to the expenditure incurred by the F114joint police board is a reference to so much of the net expenditure of the F116board as is not F117provided for by a grant made to the board under section 32 of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The expenses incurred by a constituent authority for the purpose of the payment to the F114joint police board of the expenditure referred to in subsection (2)(d) of this section shall be defrayed in like manner as expenses of that authority for the purposes of their functions relating to police would have required to be defrayed if the amalgamation scheme had not been made.

F119For the purposes of the M27Local Government Superannuation (Scotland) Regulations 1974 the appropriate superannuation fund in relation to the F119pensionable employees of a F114joint police board shall be the superannuation fund of such one of the constituent authorities as may be determined by or under the amalgamation scheme.

Where an amalgamation scheme is to come into operation on a date subsequent to that on which it is approved, any appointment to be made, direction to be given or other thing to be done for the purposes of the scheme may be made, given or done at any time after the approval of the scheme so far as may be necessary for the purpose of bringing the scheme into operation on the first-mentioned date.

An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

If it appears to the Secretary of State that it is expedient in the interests of efficiency to make an amalgamation scheme for any police areas, he may, in accordance with the provisions of this section, make such amalgamation schemes, containing such provisions, as he considers appropriate.

A scheme under this section shall be contained in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to the provisions of this section, the police forces established and maintained for existing police areas in Scotland under this Act immediately prior to 1st April 1996 shall continue in existence on and after that date in accordance with the provisions of this section.

The police forces for the existing police areas of Fife and Dumfries and Galloway shall be the police forces for the new police areas of the same names.

The Secretary of State shall, before 1st April 1996, by order make amalgamation schemes amalgamating the police areas mentioned in the second column of the table below into the combined police areas mentioned in the first column of that table, and the police forces for the existing police areas shown in brackets in the first column shall be the police forces for the new combined police areas.

Subject to section 19A of this Act, an amalgamation scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an amalgamation scheme made by virtue of section 19 of this Act.

An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

If in consequence of an amalgamation scheme or of anything done thereunder any person who, immediately before the date when the scheme came into operation, was an officer employed by a constituent authority or by a F35joint police board, suffers direct pecuniary loss by reason of the determination of his employment or the diminution of his emoluments he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in operation, be entitled to receive compensation under this section from such constituent authority or F35joint police board as may be determined by or under that scheme.

For the purposes of the determination and payment of compensation under this section the provisions of section 318 of, and Schedule 11 to, the M7Local Government (Scotland) Act 1947 (compensation of officers of local authorities on transfer of functions) shall be incorporated with this section subject to such modifications as the Secretary of State may prescribe for the purpose of adapting those provisions to claims under this section.

While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of F37assistant 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.

A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act F38and to subsection (3A) below, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

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

The provision to be made by regulations under section 24 of the M8Superannuation Act 1972 or section 219 of the M9Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the F40M10Police Pensions Act 1976 had the first-mentioned police force been combined with another force by an amalgamation scheme under the M11Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the F40M12Police Pensions Act 1976 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is affected by this section.

The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

In this section—

• ”new force’ has the same meaning as it has for the purposes of Schedule 2 to this Act;

• ”relevant authority’ means the police authority or, as the case may be, the F41joint police board responsible for the appointment of the chief constable of the relevant new force;

• ”relevant new force’ means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.

Where, immediately before the date when the amalgamation scheme comes into operation, F42a person is engaged in relevant service within the meaning of section 38A of this Act, 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.

Nothing in subsection (1) of this section shall be construed as entitling a person who has engaged for a period of F43relevant service to revert to the new force as the chief constable of that force; but where any person who immediately before he so engaged was the chief constable of a transferred force would but for this provision be so entitled to revert to the new force, then, if he does not join that force in some capacity other than that of chief constable at the end of his period of F43relevant service in pursuance of an agreement in that behalf made by him during that period, section 23(2) of this Act shall apply to him as if for any reference therein to the date when the amalgamation scheme came into operation there were substituted a reference to the end of his period of F43relevant service.

In this section the expressions “transferred force” and “new force” have the same meanings as they have for the purposes of Schedule 2 to this Act, F44. . ..

The transitory provisions set out in Schedule 2 to this Act shall have effect for the purposes of the alterations effected by virtue of an amalgamation scheme.

Where, immediately before the date on which an amalgamation scheme came into operation, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of the scheme, those proceedings may be carried on thereafter with the substitution, for that authority, of the authority to whom the property, rights or liabilities are transferred.

Subject to the provisions of subsections (8) and (9) of this section, the Secretary of State shall make regulations as to the government and administration of F45, and the conditions of service in, police forces.

Regulations under this section may authorise the Secretary of State, the police authority or the chief constable to make provision for any purpose specified in the regulations.

Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced.

Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, not being earlier than 8th September 1955, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

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.

Regulations under this section shall provide for the making of such arrangements as to the hours of duty of constables as shall secure that every constable (not being above such rank as may be specified in the regulations) shall be allowed at least fifty-two days in a year on which he is not required to perform police duty, save on occasions of emergency, such days being distributed throughout the year with the object of securing, so far as practicable, to every such constable one day’s rest in every seven.

Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

Subject to the provisions of this section, regulations under this section may make different provision for different classes of constable and for constables of different rank.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 33(3) of this Act of any police force maintained under section 1 of this Act.

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

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.

Subsections . . . F63F64(1A), F65(2B),(9) and (10) of section 26 of this Act shall apply in relation to the making of regulations under this section as they apply in relation to the making of regulations under that section.

The Secretary of State may make regulations requiring equipment provided or used for the purposes of a police force to satisfy such requirements as to design and performance as may be prescribed in the regulations.

The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.

In subsection (2) of this section “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

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.

Any inquiry under this section shall be held in public or in private as the Secretary of State may direct.

F68Subsections (3) to (8) of section 210 of the M13Local Government (Scotland) Act 1973 (provisions as to local inquiries) shall apply to any inquiry held under this section as they apply to an inquiry held under that section.

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.

A constable who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (2A) of section 26 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to such a tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.

The Secretary of State may make rules as to the procedure on appeals under this section to a police appeals tribunal.

Rules made under this section may make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents and may, in particular, apply subsections (4) and (5) of section 210 of the M14Local Government (Scotland) Act 1973 with such modifications as may be set out in the rules.

Schedule 3 to this Act shall have effect in relation to appeals under this section.

Rules made under this section may make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient in consequence of the coming into operation of an amalgamation scheme, amending scheme or revoking scheme while an appeal under this section is pending; and without prejudice to the generality of this subsection, such provision may in particular include modifications to Schedule 3 to this Act in that Schedule’s application to any case affected by the making of such a scheme.

The Secretary of State may require a police authority to exercise their power under section 4(4)(d) of this Act to call on a chief constable to retire in the interests of efficiency, and the police authority shall comply with any such requirement.

Before requiring the exercise of that power or approving the exercise of that or the similar power with respect to F70F71an assistant chief constable the Secretary of State shall give the chief constable F72. . . or assistant chief constable an opportunity to make representations to him and shall consider any representations so made.

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 a constable or an officer of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

Where the Secretary of State is satisfied that the whole or any part of the expenses of a chief constable F73. . . or assistant chief constable in respect of an inquiry under this section was 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.

Subject to the following provisions of this section, the Secretary of State shall for the financial year 1997-98 and for each subsequent financial year make grants out of money provided by Parliament for police purposes to police authorities and joint police boards.

Where a grant is made under subsection (1) above to a joint police board, no grant under that subsection shall be payable to a constituent authority.

In making a determination under subsection (3)(b) above, the Secretary of State may exclude certain categories of expenditure for police purposes from a grant made under subsection (1) above.

A grant made to a police authority or to a joint police board by virtue of an order made under subsection (3) above may be subject to such conditions and shall be paid at such times and in such manner as the F123Scottish Ministers may by order determine; and any such time may fall within or after the financial year concerned.

The Secretary of State shall prepare a report stating the considerations which he took into account in making the determinations mentioned in subsection (3) above.

The considerations which the Secretary of State takes into account in making a determination under subsection (3)(b) above may be different for different authorities or different joint police boards.

A statutory instrument containing an order made under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A copy of a report prepared under subsection (6) above shall be laid before each House of Parliament at the time at which the statutory instrument containing the order made under subsection (3) above to which it relates is so laid.

Where in consequence of the variation or revocation of an order made under subsection (3) above the amount of a police authority’s or a joint police board’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by the authority or, as the case may be, board to the Secretary of State on such day as he may specify.

In this section “financial year” has the meaning assigned to it by section 116 of the M28Local Government Finance Act 1992.

The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) by a police authority or F75joint police board in connection with safeguarding national security.

Grants under this section may be made either unconditionally or subject to conditions.

Subject to subsection (4), the Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

Where the powers under this section are exercised by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), subsection (3) shall not apply.

Her Majesty may appoint for the purposes after-mentioned such number of inspectors (hereafter in this Act referred to as “inspectors of constabulary”) as the F77Scottish Ministers may determine, and of the persons so appointed one may be appointed as chief inespector of constabulary.

The inspectors of constabulary shall hold office during Her Majesty’s pleasure and shall be paid out of moneys provided by Parliament such salaries and allowances as the F78Scottish Ministers may determine.

It shall be the duty of the inspectors of constabulary, on being directed to do so by the Secretary of State, to visit and inquire into any matter concerning or relating to the operation of a police force or of police forces generally F80and the National Criminal Intelligence Service; and, without prejudice to the generality of this subsection, such matters may include the state and efficiency of, and of the buildings and equipment used by, the force or forces.

Such of the inspectors of constabulary as may be directed in that behalf by the F81Scottish Ministers shall annually, at such times as may be so directed, submit to the F81Scottish Ministers a written report on the state and efficiency of the police forces generally F80and the National Criminal Intelligence Service, and the F81Scottish Ministers shall cause a copy of every such annual report to be laid before each House of Parliament.

The Secretary of State may appoint assistant inspectors of constabulary.

Constables may be appointed under subsection (1) above or to be staff officers to inspectors of constabulary.

Persons appointed under this section shall be paid such salary and allowances as the F83Scottish Ministers may determine.

The Secretary of State may by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description (whether or not provided under subsection (1) above), if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.

Before exercising the powers conferred by any of subsections (1) to (3) above the Secretary of State shall consult the Joint Central Committee and such bodies or associations as appear to him to be representative of police authorities or of chief constables or superintendents.

The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.

In subsection (7) of this section “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

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Notwithstanding anything in F89section 38A(3) of this Act, a person engaged on central service F90, or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1), shall continue to be a constable and shall be treated for the purposes of sections 17 and 43 of this Act as if he were a constable of his police force.

The Secretary of State shall be liable in reparation in respect of any wrongful act or omission on the part of any constable engaged on central service in the performance or purported performance of his functions in like manner as a master is liable in respect of a wrongful act or omission on the part of his servant in the course of the servant’s employment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

In this section—

• “F92central service” means temporary service under the Crown, with the consent of the appropriate authority, in connection with—

  1. a

     facilities and services provided and maintained by the Secretary of State under section 36(1)(a)(i) of this Act;

  2. b

     facilities and services provided by organisations or institutions established and maintained by the Secretary of State under section 36(1)(a)(ii) of this Act; and

  3. c

     research or other services connected with the police provided by the Secretary of State,

  and temporary service under section 34 of this Act.

• “appropriate authority” means—

  1. a

     in relation to the chief constable of a police force, the police authority;

  2. b

     in relation to any other constable, the chief constable acting with the consent of the police authority;

• F93. . ..

In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.

In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M32Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M33Police (Overseas Service) Act 1945.

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.

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.

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 the police force maintained for their area, or any constable for the time being required to serve with that force by virtue of section 11 of this Act F127F128. . . section 98 of the Police Act 1996F129or section 23 of the Police Act 1997, 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.

Where a member of the public has made a complaint to the chief constable of a police force against a constable of that force the inspectors of constabulary may, at the request of the member of the public, examine the manner in which the chief constable has dealt with the complaint.

Where the inspectors of constabulary have carried out an examination under subsection (1) above, they shall report their findings to the person who made the complaint and send a copy of that report to the chief constable and to the constable against whom the complaint was made; and they may direct the chief constable to reconsider the complaint and may instruct him to have regard, in doing so, to such further information as may have become available (whether or not as a result of the examination) after he dealt with the complaint; but no such direction shall be given as respects so much of the complaint as has been, or is, the subject of proceedings against the constable by virtue of section 26(2A)(a) of this Act.

This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.

Any person convicted of an offence against this section shall be permanently disqualified from becoming or remaining a constable.

Nothing in subsection (1) of this section shall make it an offence to wear any article of police uniform in the course of taking part in a stage play, or music hall or circus performance, or of performing in or producing a cinematograph film or television broadcast.

In this section “article of police uniform” means any article of uniform or any distinctive badge or mark usually issued by any police authority to constables, or any article having the appearance of such article, badge or mark.

Any constable who wilfully absents himself from duty otherwise than in accordance with regulations made under Part II of this Act shall be guilty of an offence.

Any constable who neglects or violates his duty shall be guilty of an offence.

Any constable who fails without reasonable excuse to return to his chief constable (or other person appointed by the chief constable for the purpose), immediately upon being ordered to do so, any accoutrements or clothing which have been issued to him for the execution of his duty shall be guilty of an offence.

Any person who has been a constable of a police force and has failed without reasonable excuse to return to the chief constable of that force (or other person appointed by the chief constable for the purpose), when he ceased to be a constable of the force, any accoutrements or clothing which were issued to him for the execution of his duty shall be guilty of an offence.

Any person guilty of an offence against this section shall, without prejudice to the operation of any regulation made under this Act, or to any civil proceedings, be liable on summary conviction to a fine not exceeding F95level 3 on the standard scale or to imprisonment for a period not exceeding sixty days.

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The Secretary of State shall prepare such reports as he considers appropriate from such statements as he receives by virtue of subsection (1) above; and he shall lay any such report before Parliament and send a copy of it to each police authority.

The Secretary of State shall have power to make regulations prescribing anything which may be prescribed under this Act (except Schedule 3 thereto).

Any power conferred by this Act to make regulations, rules or orders shall be exercisable by statutory instrument, and except where otherwise provided any such statutory instrument shall be laid before Parliament after being made.

Any power conferred by this Act to make an order shall include power to vary or revoke, by a subsequent order, any order made thereunder.

Any sums which by virtue of any provision of this Act are received by the Secretary of State from police authorities or joint police committees, or deducted by him from moneys otherwise payable by him to any such authority or committee, shall be paid into the Exchequer.

In this Act unless the context otherwise requires the following expressions shall have the meanings hereby assigned to them respectively, that is to say—

• “amalgamation scheme” means a scheme made under section 19 F136section 20 or section F13721B of this Act, and “amending scheme” and “revoking scheme” mean respectively a scheme amending or revoking an amalgamation scheme;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

• “constable” means a constable (including the chief constable) of a police force; F139. . .

• F140“constituent authority” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme;

• “enactment” includes an order, regulation, rule, or other instrument having effect by virtue of an Act;

• “functions” includes powers and duties;

• “Joint Central Committee” means the three central committees of the Police Federation for Scotland sitting together as a joint committee;

• “land” includes land covered by water;

• “officer” includes “servant”;

• “prescribe” (except in Schedule 3 to this Act) means prescribe by regulations made under this Act, and “prescribed” shall be construed accordingly;

• “rank” means a rank prescribed under section 7 of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

Any reference in this Act to the functions of a police force shall, unless the context otherwise requires, be construed as a reference to the functions of the constables of that force generally.F142(3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective.

Except where the context otherwise requires, in this Act . . . F143 any reference to a constable (other than the chief constable) of, or appointed for, any area or district shall be construed as a reference to a constable (other than the chief constable) of the police force maintained for the police area comprising that area or district.

Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any subsequent enactment, including this Act.

Without prejudice to the provisions of section 52 of this Act, in this Act the expression “under this Act”, and any other expression describing any matter or thing by reference to this Act or to any provision of this Act, shall, if and so far as the context permits, be construed as including a reference to any enactment repealed by this Act or by the M35Police (Scotland) Act 1956 or by the M36Police Act 1964 or to the corresponding provision of any enactment so repealed.

The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act :

The enactments mentioned in Schedule 5 to this Act, of which those in Part II of that Schedule are spent or are superseded by the provisions of subsequent enactments, are hereby repealed to the extent specified in relation thereto in the third column of that Schedule.

Nothing in this Act shall affect any order, regulation, rule, scheme, agreement or appointment made, or direction given, or any other thing done, under any enactment repealed by this Act or by the M17Police (Scotland) Act 1956 or by the M18Police Act 1964, but any such order, regulation, rule, scheme, agreement, appointment, direction or thing shall, if and so far as it is in force at the commencement of this Act, continue in force so far as it could have been made, given or done under a corresponding provision of this Act and shall have effect, and be treated, as if it had been made, given or done under that corresponding provision.

Nothing in this Act shall affect any right, privilege, obligation or liability acquired, accrued or incurred before the commencement of this Act under any enactment.

Where a constable of a police force, with the consent of the chief constable, has undertaken temporary service as a member of the instructing staff of any central training institution established under section 29(1) of the M19Police (Scotland) Act 1956 (central training and other common services), so much of that service as fell before 1st August 1964 shall be deemed, for the purposes of this Act and any Act relating to police pensions and (in either case) any enactment made thereunder, to be service as a constable of the said police force.

For the purpose of determining the punishment which may be imposed on a person in respect of the commission by him of an offence against any provision of this Act, an offence committed by that person against the corresponding provision of any enactment repealed by this Act shall be deemed to have been committed against the first-mentioned provision.

So much of any enactment or other document as refers expressly or by implication to any enactment repealed by this Act or by the M20Police (Scotland) 1956 or by the M21Police Act 1964 shall, in so far as the context permits and as may be necessary to preserve the effect of the first-mentioned enactment or other document, be construed as referring, or (as the case may require) as including a reference, to this Act or the corresponding enactment therein.

Nothing in this section or in section 51 of this Act, and nothing in Schedule 4 to this Act, shall be taken as affecting the general application of F102sections 16(1) and 17(2)(a) of the M22Interpretation Act 1978 with regard to the effect of repeals.

This Act may be cited as the Police (Scotland) Act 1967.

The following provisions of this Act shall extend to the whole of Great Britain, namely, section 18; section 52(1) and Schedule 4, so far as they relate to enactments which so extend; and section 52(2) and Schedule 5, so far as they relate to section 5 of the M23Police (Scotland) Act 1956 and to the M24Police Act 1964; but save as aforesaid this Act shall extend to Scotland only.

This Act (except section 39 thereof) shall come into force at the expiration of a period of three months beginning with the date on which it is passed; and section 39 of this Act shall come into force on such date as the Secretary of State may by order appoint, and the order may be made with retrospective effect to any date specified in the order not being earlier than 10th June 1964.

Any reference in this Act to the commencement of this Act shall be construed as a reference to the date on which this Act (except section 39 thereof) comes into force.