[F1(1)Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.]
(2)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.
Textual Amendments
F1S. 1(1) substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(2)
(1)[F2For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, 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.
(2)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 . . . F3.
(3)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.
(4)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).
Textual Amendments
F2Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(3)
(1)A police force shall consist of a chief constable and—
(a)permanent and probationary whole-time constables (hereafter in this Act referred to as “regular constables”), and
(b)part-time constables (hereafter in this Act referred to as “special constables”),
not exceeding such number in each case as may from time to time be authorised by the police authority with the consent of the Secretary of State, and may in addition include temporary whole-time constables (hereafter in this Act referred to as “temporary constables”) not exceeding such number as may be so authorised.
(2)In determining the number of regular constables to be authorised under subsection (1) of this section for a police force the police authority shall take no account of the number of special or temporary constables authorised or to be authorised for that force.
(3)The chief constable of a police force may maintain lists of persons who undertake to hold themselves available for appointment, in such circumstances as may be specified in the undertaking, as temporary constables of the force, and may arrange for such persons, with their consent, to receive from time to time training in the functions of constables in accordance with such conditions as may be prescribed.
(1)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.
(2)A person appointed to the office of chief constable of a police force shall hold the rank of chief constable.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(4)Subject to the following provisions of this section, a person appointed to the office of chief constable of a police force—
(a)may resign his appointment in accordance with regulations made under Part II of this Act; or
(b)may in accordance with regulations made as aforesaid be required by the police authority to resign his appointment; or
(c)may in accordance with regulations made as aforesaid be dismissed by the police authority; or
(d)may, without prejudice to those regulations, be called on 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;
but otherwise shall remain in office until the termination of his appointment by death or the expiration of any period of tenure specified in the terms thereof, whichever event shall first occur.
(5)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.
(6)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.
(7)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 [F5M1Police Pensions Act 1976] (police pension regulations).
Textual Amendments
F5Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)
Marginal Citations
(1)In every police force there shall be a [F6person holding the rank of] deputy chief constable who shall have all the powers and duties of the chief constable—
(a)during any absence, incapacity or suspension from duty of the chief constable;
(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.
(2)The provisions of subsection (1) 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 the powers conferred by that enactment on a chief constable.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(4)The establishment of a police force may include one or more persons holding the rank of assistant chief constable.
(5)[F8Appointments or promotions to the rank of deputy chief constable or] assistant chief constable, shall be made, in accordance with regulations made 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.
(6)Subsections (4) to (7) of Section 4 of this Act shall apply to a deputy chief constable and to an assistant chief constable as they apply to a chief constable.
Textual Amendments
F6Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(4)(a)
F7S. 5(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(4)(b), Sch. 7 Pt. VI
F8Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(4)(c)
Modifications etc. (not altering text)
C1S. 5(1) excluded by Police Act 1969 (c. 63), s. 1(3)
(1)Any police force may include more than one person holding the rank of deputy chief constable, but only if the additional person or persons holding that rank—
(a)was a deputy chief constable before a period—
(i)of central service; or
(ii)of overseas service, as defined in section 3 of the Police (Overseas Service) Act 1945; or
(iii)of service in pursuance of an appointment under section 10 of the Overseas Development and Co-operation Act 1980 as an officer to whom that section applied; or
(b)became a deputy chief constable by virtue of section 23(2) of this Act.
(2)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.
(3)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.]
Textual Amendments
F9S 5 substituted (1.4.1995) for ss. 5, 5A by 1995 c. 29, s. 48; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
(1)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.
(2)Subsections (4) and (7) of section 4 of this Act (except paragraph (d) of the said subsection (4)) shall apply to a constable (not being a chief constable, [F11a deputy chief constable or an assistant chief constable]) as they apply to a 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 section 26(7) of this Act.
Textual Amendments
F11Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 30
(1)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, [F12deputy chief constable,] assistant chief constable, chief superintendent and superintendent.
(2)The number of constables of each rank in any police force shall not exceed such number as may from time to time be authorised by the police authority with the consent of the Secretary of State.
(3)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 as to discipline made under Part II of this Act.
Textual Amendments
F12Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 31
(1)The chief constable of any police force may, in accordance with regulations made under Part II of this Act and subject to the approval of the police authority and the Secretary of State as to numbers, appoint persons as police cadets to undergo training with a view to becoming constables of that police force.
(2)Subject to such regulations as aforesaid, all police cadets shall be under the control of, and subject to dismissal by, the chief constable.
(3)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.
The police authority may employ for the assistance of the constables of a police force such number of officers (not being constables) as may from time to time be fixed by the authority with the consent of the Secretary of State.
(1)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 M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if this section had been in force immediately before the commencement of that Act.
(2)For the purposes of subsection (1) of this section and of [F13sections 70 to 78 of the M3Local 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.
Textual Amendments
F13Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 237(2)
Marginal Citations
(1)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.
(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) 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.
(3)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.
(4)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.
(1)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.
(2)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.
(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) 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.
(1)Subject to the provisions of this section, a police authority may provide advice and assistance—
(a)to an international organisation or institution, or
(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it.
(2)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.
(3)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.
(4)A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.
(5)Nothing in this section authorises a police authority to provide any financial assistance by—
(a)making a grant or loan,
(b)giving a guarantee or indemnity, or
(c)investing by acquiring share or loan capital.
(6)A police authority may make charges for advice and assistance provided by it under this section.
(7)The provisions of this section are without prejudice to the M4Police (Overseas Service) Act 1945 and section 10 of the M5Overseas Development and Co-operation Act 1980.]
(1)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.
(2)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.
(1)Where—
(a)by reason of the construction of works on or over land in any part of a police area the number of people resident in that part of the area is temporarily increased to an abnormal extent, and
(b)the police authority for the area consider it expedient because of the circumstances aforesaid that the number of constables available for duty in that part of the area should be increased during the continuance of the said circumstances,
the police authority may direct the chief constable of the police force maintained for the area to make such arrangements as he considers necessary (whether by the appointment of temporary constables or otherwise) for increasing the number of constables so available accordingly.
(2)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 [F15sheriff principal.]
(3)The provisions of this section shall be without prejudice to the provisions of section 17(3) of this Act.
(4)In this section [F15sheriff principal] does not include a [F15sheriff].
Textual Amendments
F15Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
(1)The chief constable of a police force shall before 31st May in each year submit to the police authority a general report in writing on the policing, during the year ended on 31st December last preceding, 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.
(2)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.
(3)The authorities referred to in subsections (1) and (2) of this section are—
the Secretary of State,
the [F16sheriff principal] having jurisdiction in any part of the area . . . F17
the police authority.
(4)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.
(5)Nothing in the foregoing provisions of this section shall require a chief constable to submit . . . F17 to any [F16sheriff principal] a report on matters which are not connected with the policing, . . . F17 of places in which the [F16sheriff principal] has jurisdiction.
(6)In this section [F16sheriff principal] does not include a [F16sheriff].
Textual Amendments
F16Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F17Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
A person appointed to the office of constable of a police force shall on appointment make, before a sheriff, [F18or justice of the peace], a declaration in such terms as may be prescribed concerning the proper discharge of the duties of the office.
Textual Amendments
F18Words substituted by District Courts (Scotland) Act 1975 (c. 20), Sch. 1 para. 29
(1)Subject to the provisions of this Act, it shall be the duty of the constables of a police force—
(a)to guard, patrol and watch so as—
(i)to prevent the commission of offences.
(ii)to preserve order, and
(iii)to protect life and property;
(b)where an offence has been committed (whether within or outwith the police area for which the police force is maintained) to take all such lawful measures, and make such reports to the appropriate prosecutor, as may be necessary for the purpose of bringing the offender with all due speed to justice;
(c)to serve and execute when required any warrant, citation or deliverance issued, or process duly endorsed, by a Lord Commissioner of Justiciary, sheriff, [F19or justice of the peace], being a warrant, citation, deliverance or process relating to any criminal proceeding;
(d)to attend any court of law for the purpose of giving evidence;
and without prejudice to the operation of [F20section 321(3) of the M6Criminal Procedure (Scotland) Act 1975] (bringing of apprehended person before court on first lawful day after arrest) it shall be the duty of any constable in carrying out his duties under paragraph (b) of this subsection to take every precaution to ensure that any person charged with an offence is not unreasonably and unnecessarily detained in custody.
(2)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.
(3)In directing the constables of a police force in the performance of their functions the appropriate chief constable shall comply with all lawful instructions (whether general or special) which he may receive—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 from the [F23sheriff principal] having jurisdiction in the place:
Provided that in relation to the investigation of offences the chief constable shall comply with such lawful instructions as he may receive from the appropriate prosecutor.
In this subsection [F23sheriff principal] does not include a [F23sheriff].
(4)Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland.
(5)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.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
(7)In this section “appropriate chief constable”, in relation to any constable, means—
(a)if the constable is for the time being serving, in pursuance of the provisions of this Act relating to the mutual aid of police forces or to collaboration agreements, with a police force other than that in which he holds his appointment, the chief constable of the first-mentioned force, and
(b)in any other case, the chief constable of the police force in which the constable holds his appointment.
(8)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.
Textual Amendments
F19Words substituted by District Courts (Scotland) Act 1975 (c. 20), Sch. 1 para. 30
F20Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(7)
F21S. 17(3)(a) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F22Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F23Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F24S. 17(6) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 110, Sch. 7 Pt. VI
Modifications etc. (not altering text)
C2S. 17(1)(b) modified by Social Work (Scotland) Act 1968 (c. 49), s. 38(2)
C3S. 17(2) excluded by Police Act 1969 (c. 63), s. 1(3)
Marginal Citations
(1)It shall be lawful for any constable appointed for any one of the border counties of England or [F25any one of the border regions of Scotland, that is to say, the counties of Northumberland or Cumbria, or the regions of the Borders or Dumfries and Galloway] to execute within any of those counties [F26or regions] the lawful warrant of any sheriff, [F27or justice of the peace] for the apprehension of any person accused or convicted of a criminal offence committed, or for the recovering of any goods alleged to have been stolen, within the county [F26or region] for which the constable is appointed, in like manner as the warrant might be executed by that constable within the last-mentioned county [F26or region].
(2)In subsection (1) of this section—
(a)references to the counties of Northumberland and [F28Cumbria] shall be construed as including references respectively to a combined area within the meaning of the M7Police Act 1964 comprising Northumberland and to such a combined area comprising [F28Cumbria] and
[F29(b)references to the region of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those regions.]
Textual Amendments
F25Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(5)(a)
F26Words inserted by Local Government (Scotland) Act 1973 (c. 65), s. 146(5)(a)
F27Words substituted by District Courts (Scotland) Act 1975 (c. 20), Sch. 1 para. 31
F28Word substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 35
F29S. 18(2)(b) substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(5)(b)
Marginal Citations
(1)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.
(2)Subject to the provisions of this Act, an amalgamation scheme shall make provision with regard to the following matters—
(a)the dis-establishment of the police forces maintained for the several police areas, the establishment and maintenance of a police force for the combined area, the appointment of the first chief constable of that force, and the transfer to that force of constables of the forces previously maintained for the several police areas comprised in the combined area;
(b)the constitution for the purposes of paragraph (c) of this subsection in relation to that force of a joint police committee consisting of such number of persons, being members of the constituent authorities, as may be specified in the scheme;
(c)the delegation to the joint police committee of the whole functions relating to police of the constituent authorities (except their power to levy a rate, their functions under this section, and such other functions as may be specified in the scheme);
(d)the payment by the constituent authorities in such proportions as may be specified in the scheme of the expenditure incurred by the joint police committee in the performance of the functions delegated to them;
(e) . . . F30
(3)The reference in subsection (2)(d) of this section to the expenditure incurred by the joint police committee is a reference to so much of the net expenditure of the committee as is not reimbursed to the committee under section 32 of this Act by sums paid out of moneys provided by Parliament.
(4)Subject to the provisions of this Act, an amalgamation scheme may make provision with regard to all or any of the following matters—
(a)the transfer of property, rights and liabilities;
(b)the adjustment of liabilities between the constituent authorities;
(c)the settlement of differences between the constituent authorities;
(d)the transfer to the joint police committee of officers of any of the constituent authorities;
(e)the furnishing, on such terms and conditions as may be specified in the scheme, by one of the constituent authorities of any service connected with the administration of the police force maintained for the combined area;
(f)any other matters incidental to or consequential on the provisions contained in the scheme.
(5)The Secretary of State may, after consultation with the constituent authorities concerned, by order provide for the incorporation of any joint police committee, with perpetual succession and a common seal, and for conferring on such a committee power to hold land or to borrow money.
(6)The expenses incurred by a constituent authority for the purpose of the payment to the joint police committee 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.
(7)[F31For the purposes of the M8Local Government Superannuation (Scotland) Regulations 1974] the appropriate superannuation fund in relation to the [F31pensionable employees] of a joint police committee shall be the superannuation fund of such one of the constituent authorities as may be determined by or under the amalgamation scheme.
(8)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.
(9)In this Act, unless the context otherwise requires—
(a)any reference to a police area shall be construed as including a reference to a combined area; and
(b)in relation to a police force maintained for a combined area, any reference to the police authority shall be construed as a reference to the police authorities for the several police areas comprised in the combined area, without prejudice however to any delegation of functions to the joint police committee by or under the amalgamation scheme.
Textual Amendments
F30S. 19(2)(e) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F31Words substituted by S.I. 1974/812, Sch. 16 Pt. I para. 4
Marginal Citations
Valid from 04/01/1995
Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.]
Textual Amendments
F32S. 19A inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(6); S.I. 1994/2850, art. 3(b)(c)(v)
(1)Subject to the provisions of this section, if it appears to the Secretary of State that the expediency in the interests of efficiency of making an amalgamation scheme for any police areas should be considered, and no scheme satisfactory to him has been submitted to him under section 19 of this Act by the police authorities for those areas before such date as he may fix, the Secretary of State may in accordance with the following provisions of this section by order make such scheme as he considers expedient; and the provisions of the said section 19 shall apply in relation to any such scheme as they apply in relation to schemes made under that section, with the substitution in subsection (8) thereof for any reference to the approval of a scheme of a reference to the making of a scheme.
(2)Before making a scheme under this section the Secretary of State shall send a copy of the proposed scheme to the police authorities concerned and shall specify in an accompanying notice the period within which objection may be made to the proposed scheme.
(3)If, within the period specified in the notice, a police authority to whom notice has been given gives notice to the Secretary of State of an objection to the proposed scheme or any feature of that scheme, the Secretary of State shall, before making the scheme, cause a local inquiry to be held in respect of that objection by a person appointed by him (who shall not be a constable or an officer of any Government department).
(4)Where such an inquiry has been held, the Secretary of State shall consider the report of the person holding that inquiry before determining whether the scheme should be made and if so subject to what modifications, if any.
(5)Any local inquiry held under subsection (3) of this section shall be held in public, and the provisions of [F33subsections (3) to (8) of section 210 of the M9Local Government (Scotland) Act 1973] (provisions as to local inquiries) shall apply to any such inquiry as they apply to an inquiry held under that section.
(6)A draft of any statutory instrument embodying an order under this section, together with a copy of the proposed scheme to which the order applies, shall be laid before Parliament; and where a local inquiry has been held under this section with respect to the proposed scheme a copy of the report of the person by whom the inquiry was held shall also be laid before Parliament with the said draft.
Textual Amendments
F33Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 146(6)
Marginal Citations
(1)An amalgamation scheme may be amended or revoked by a subsequent scheme made under section 19 or section 20 of this Act, and the foregoing provisions of this Act and the provisions of section 25 thereof and of Schedule 2 thereto shall, so far as applicable, have effect in relation to any such amending or revoking scheme subject to any necessary modifications and to the following provisions of this section.
(2)Without prejudice to the generality of the provisions of subsection (1) of this section, provision may be made by any such subsequent scheme—
(a)for the division of the combined area into any two or more areas, being either police areas comprised in the combined area or new combined areas constituted by the subsequent scheme, or for the inclusion in the combined area of any additional police area;
(b)for the establishment or re-establishment and maintenance of police forces for any areas into which the combined area is divided as aforesaid;
(c)for the dissolution and winding up of any joint police committee constituted under the original scheme, or for the reconstitution of any such committee;
(d)for the transfer or retransfer to such police forces as may be determined by the subsequent scheme of constables of the force maintained for the combined area;
(e)for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the joint police committee;
(f)for any other matters incidental to or consequential on the provisions of the subsequent scheme.
(1)Subject to subsection (2) below, an amalgamation scheme may be approved or made under this Act with respect to two or more police areas—
(a)to be established by the M10Local Government (Scotland) Act 1973,
(b)which are proposed to be altered by an order under section 17 of the M11Local Government (Scotland) Act 1973,
and subject to subsection (3) below, may be so approved or made before the relevant date.
(2)The Secretary of State shall make an amalgamation scheme under this Act before the relevant date for the police areas comprised in each of the combined areas set out in the following table—
| Combined area | Police areas comprised |
|---|---|
| South-eastern | Borders and Lothian |
| Northern | Highland and the Islands Areas. |
(3)A scheme under this section shall not come into force before the relevant date except so far as it relates to the constitution of the joint police committee and to the performance by that committee of functions necessary for bringing the scheme into full operation on that date.
(4)In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 19, 20 and 21 of this Act shall apply subject to any necessary modifications except that subsections (2) to (5) of the said section 20 shall not apply where the scheme is made by the Secretary of State before 16th May 1975 by virtue of subsection (2) above.
(5)In this section “the relevant date” means, in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of subsection (1) or in subsection (2) above, 16th May 1975, and, in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of subsection (1) above, the date on which the order mentioned in that paragraph comes into force.]
Textual Amendments
Marginal Citations
Valid from 04/01/1995
(1)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.
(2)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.
(3)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.
Table
| Combined area | Police areas comprised |
|---|---|
| Northern (Northern). | Highland, Western Isles, Orkney Islands, Shetland Islands. |
| Grampian (Grampian). | Aberdeenshire, Moray, City of Aberdeen. |
| Tayside (Tayside). | Perthshire and Kinross, Angus, City of Dundee. |
| Central Scotland (Central Scotland). | Stirling, Clackmannan, Falkirk. |
| Lothian and Borders (Lothian and Borders). | City of Edinburgh, East Lothian, Midlothian, West Lothian, the Borders. |
| Strathclyde (Strathclyde). | Argyll and Bute, Dumbarton and Clydebank, City of Glasgow, East Dunbartonshire, Inverclyde, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire. |
(4)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.
(5)Before making an amalgamation scheme under this section the Secretary of State shall—
(a)consult such police authorities as appear to him to be affected by the scheme; and
(b)where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.
(6)The schemes made by an order under this section shall not take effect before 1st April 1996, except in relation to—
(a)the constitution of joint police boards; and
(b)the carrying out by those boards of any functions necessary to bring the schemes into operation on that date.
(7)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F35It is provided that s. 21B is inserted (4.1.1995) by 1994 c. 39, s. 34; S.I. 1994/2850, art. 3(a), Sch. 2
(1)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 joint police committee, 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 joint police committee as may be determined by or under that scheme.
(2)Any person who, immediately before the date on which an amalgamation scheme came into operation, was an officer employed by a constituent authority or by a joint police committee and who, at any time within five years after the said date—
(a)has his services dispensed with or his emoluments reduced, otherwise than on the ground of misconduct, or
(b)relinquishes office by reason of his having been required to perform duties which are not analogous, or which are an unreasonable addition, to those which he was required to perform immediately before that date,
shall for the purposes of this section be deemed, unless the contrary is shown, to have suffered a direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments in consequence of the scheme.
(3)For the purposes of the determination and payment of compensation under this section the provisions of section 318 of, and Schedule 11 to, the M12Local 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.
Marginal Citations
(1)If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—
(a)chief constable of the new force, or
(b)constable of any rank in any other police force which exists on that date,
he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.
(2)While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of [F37deputy] 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.
(3)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, 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.
(4)The provision to be made by regulations under section 24 of the M13Superannuation Act 1972 or section 219 of the M14Local 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 [F38M15Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M16Police (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 [F38M17Police 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.
(5)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.
(6)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 joint police committee 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.]
Textual Amendments
F36S. 23 substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(8)
F37 Word substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 108(6)
F38Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 6(b)
Marginal Citations
(1)Where, immediately before the date when the amalgamation scheme comes into operation, [F39a 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.
(2)Nothing in subsection (1) of this section shall be construed as entitling a person who has engaged for a period of [F40relevant] 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 [F40relevant] 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 [F40relevant] service.
(3)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, F41. . ..
Textual Amendments
F39Words in s. 24(1) substituted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 63(4)(a), 94(3)(c); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
F40Words in s. 24(2) substituted (1.4.1995) by 1994 c. 29, s. 63(4)(b); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
F41Words in s. 24(3) repealed (1.4.1995) by 1994 c. 29, s. 63(4)(c), Sch. 9 Pt. I; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
Modifications etc. (not altering text)
C4Power to apply s. 24 conferred by Overseas Service Act 1958 (c. 14), s. 5(2)
C5S. 24 extended by Local Government (Scotland) Act 1973 (c. 65), s. 146(10)
C6S. 24 modified by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 11
(1)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.
(2)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.
Modifications etc. (not altering text)
C7S. 25 extended by Local Government (Scotland) Act 1973 (c. 65), s. 146(10)