Part IE+W+S Organisation of Police Forces

Police areas, police authorities and police forcesS

[1] Police areas.S

[F1(1)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.]

(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

F2Words in s. 1(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(2); S.I. 1996/323, arts. 4(1)(b)(c)

2 Police authorities and their functions.S

(1)[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.

(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 . . . F4.

(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

F3Words in s. 2(1) substituted (1.4.1996) by 1994 c. 29, s. 180(1), Sch. 13 para. 71(3); S.I. 1996/323, art. 4(1)(b)(c)

[3 F5 Establishments of police forces S

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

(2)In subsection (1) above—

“ regular constables ” means constables (including probationary constables) to whom both pay and allowances are, by virtue of section 26 of this Act, payable; and “ special constables ” means constables to whom allowances only are so payable. ]

Textual Amendments

F5S. 3 substituted (13.12.1995) by 1994 c. 29, s. 47(1); S.I. 1995/3003, art. 2, Sch.

4 Chief constables.S

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(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 M1[F7Police Pensions Act 1976] (police pension regulations).

Textual Amendments

F7Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

Marginal Citations

[F85Deputy and assistant chief constablesS

(1)Every police force shall have a deputy chief constable.

(2)The ranks which may be held in a police force shall include that of assistant chief constable.

(3)Appointments and promotions to the rank of deputy chief constable or assistant chief constable shall be made, in accordance with regulations under section 26 of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Scottish Ministers.

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

Textual Amendments

[F95ZA.Deputy chief constables – supplementaryS

(1)A person who held the rank of deputy chief constable in a police force before a period of appointment under section 33 of this Act, and who returns to that force at the end of the period in question is entitled to return as a deputy chief constable of that force.

(2)If by virtue of subsection (1) above or section 38A(3)(a) of this Act there is more than one person in a police force who holds the rank of deputy chief constable, one of the persons who holds it shall be designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of this Act.

(3)A person shall be designated under subsection (2) above by the police authority after consultation with the chief constable and subject to the approval of the Scottish Ministers.]

Textual Amendments

[F105APower of deputy or assistant chief constable to exercise functions of chief constableS

(1)The deputy chief constable of a police force may exercise or perform any or all of the powers and duties of the chief constable of that force—

(a)during any absence, incapacity or suspension from duty of the chief constable;

(b)during any vacancy in the office of the chief constable; or

(c)at any other time, with the consent of the chief constable.

(2)A person holding the rank of assistant chief constable in a police force may be designated by the police authority to exercise or perform any or all of the powers and duties of the chief constable of that force during—

(a)any absence, incapacity or suspension from duty of; or

(b)any vacancy in the offices of,

both the chief constable and the deputy chief constable.

(3)Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2) above.

(4)Exercise for a continuous period of more than three months of any power conferred by virtue of subsection (1)(a) or (b) or (2) above shall require the consent of the Scottish Ministers.

(5)The provisions of subsections (1) and (2) above shall be without prejudice to any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable.]

Textual Amendments

6 Constables below rank of assistant chief constable.S

(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.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7 Ranks.S

(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 [F12, deputy chief constable] F13. . ., assistant chief constable [F14, chief superintendent] F13. . . superintendent [F15, chief inspector, inspector, sergeant and constable.].

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F17made in accordance with section 26(2A) of this Act].

Textual Amendments

F13Words in s. 7(1) repealed (1.4.1995) by 1994 c. 29, ss. 47(2)(a)(i), 93, Sch. 9 Pt. I; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F15Words in s. 7(1) inserted (1.4.1995) by 1994 c. 29, s. 47(2)(a)(ii); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F16S. 7(2) repealed (13.12.1995) by 1994 c. 29, ss. 47(2)(b), 93, Sch. 9 Pt. I; S.I. 1995/3003, art. 2, Sch.

F17Words in s. 7(3) substituted (1.8.1996) by 1994 c. 29, s. 63(3); S.I. 1996/1646, art. 2 , Sch. (with art. 3)

8 Police cadets.S

(1)The chief constable of any police force may, in accordance with regulations made under Part II of this Act F18. . ., 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.

Textual Amendments

F18Words in s. 8(1) repealed (1.4.1996) by 1994 c. 29, ss. 47(3), 93, Sch. 9 Pt. I; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)

[9 F19 Civilian employees. S

(1)A police authority may

[F20(a)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][F21; or]

[F21(b)appoint for such purposes as such officers persons provided under a contract for services entered into by the authority with some other person].

[F22(1A)The category of persons—

(a)so employed or appointed; and

(b)in respect of each of whom there is for the time being a certificate in force, certifying that he has been approved by the chief constable for the purposes of performing functions in relation to custody and security and is accordingly authorised to perform them for the police force,

shall be known as the police authority’s “ police custody and security officers ”.

(1B)Without prejudice to powers or duties which a police custody and security officer may have under or by virtue of any other enactment, for the purposes of the functions which he is authorised to perform by virtue of subsection (1A)(b) above, any such officer shall have the powers mentioned in subsection (1C) below and the duties mentioned in subsection (1E) below; except that no officer provided as is mentioned in subsection (1)(b) above shall have those powers and duties in the premises of any court or in land connected with such premises.

(1C)The powers are—

(a)to transfer persons in legal custody from one set of relevant premises to another;

(b)to have custody of persons held in legal custody on court premises (whether or not such persons would otherwise be in the custody of the court) and to produce them before the court;

(c)to have custody of persons temporarily held in legal custody in relevant premises while in the course of transfer from one set of such premises to another;

(d)to apprehend a person who was in the custody of the officer in relevant premises or in such course of transfer but who is unlawfully at large;

(e)to remove from relevant premises any person—

(i)who he has reasonable grounds to believe has committed or is committing an offence; or

(ii)who is causing a disturbance or nuisance;

(f)in any place to search any person who is in legal custody or is unlawfully at large;

(g)in relevant premises, or in any other place in which a person in his custody who is being transferred from one set of relevant premises to another is present, to search (any or all)—

(i)property;

(ii)any person who he has reasonable grounds to believe has committed or is committing an offence;

(iii)any person who is seeking access to a person in the officer’s custody or to relevant premises;

(h)in relevant premises, or in any other place in which a person in legal custody is or may be, to require any person who he has reasonable grounds for suspecting has committed or is committing an offence to give his name and address and either—

(i)to remain there with the officer until the arrival of a constable; or

(ii)where reasonable in all the circumstances, to go with the officer to the nearest police station,

but only if before imposing any such requirement on a person the officer informs him of the nature of the suspected offence and of the reason for the requirement;

(i)in fulfilment of his duties under subsection (1E)(d) below, to apprehend any person and to detain that person in custody in the premises of the court in question;

(j)at a constable’s direction, to photograph, or take relevant physical data from, any person held in legal custody; and

(k)to use reasonable force (which may include the use of handcuffs and other means of restraint) where and in so far as it is requisite to do so in exercising any of the other powers.

(1D)In subsection (1C) above—

“ legal custody ” has the meaning given by section 295 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

“ relevant physical data ” has the meaning given by section 18(7A) of that Act; and

“ relevant premises ” means—

(a) the premises of any court, prison, police station or hospital (within the meaning of the [F23Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)]); or

(b)the premises of any other place from or to which a person may be required to be taken under that [F23Act of 2003] or that Act of 1995,

and either (but not both) of the sets of premises mentioned in any of paragraphs (a), (c) and (g) of that subsection may be situated in a part of the British Islands outwith Scotland.

(1E)The duties are—

(a)to attend to the well-being of persons in their custody;

(b)to prevent the escape of such persons from their custody;

(c)to prevent, or detect and report on, the commission or attempted commission by such persons of other unlawful acts;

(d)to act with a view to preserving good order in the premises of any court and in land connected with such premises;

(e)to ensure good order and discipline on the part of such persons (whether or not in the premises of any court or in land connected with such premises); and

(f)to give effect to any order of a court.

(1F)A police custody and security officer is not to be regarded as acting in accordance with those powers and duties at any time when not readily identifiable as such an officer (whether or not by means of a uniform or badge worn).]

(2) The police authority shall exercise their powers under section 56 (and section 63) of the M2 Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed [F24 , or appointed, ] by the authority under subsection (1) above is under the direction and control of the chief constable of the police force.

(3)Subsection (2) above shall not apply to such of the persons employed [F25, or appointed,] by the authority [F26(not being police custody and security officers)] 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.

(4)The powers of direction and control referred to in subsection (2) above include the powers of engagement and dismissal.]

Textual Amendments

F19S. 9 substituted (1.4.1996) by 1994 c. 29, s. 49; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)

F20Words in s. 9(1) renumbered as s. 9(1)(a) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(2)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

Marginal Citations

[F279ACertification of police custody and security officersS

(1)A chief constable may, on the application of any person employed or appointed by his police authority, issue in respect of that person a certificate such as is mentioned in section 9(1A)(b) of this Act.

(2)The chief constable shall not do so unless satisfied that the applicant—

(a)is a fit and proper person to perform for the police force the functions of a police custody and security officer; and

(b)has received training to such standard as the chief constable considers appropriate for the performance of those functions.

(3)A certificate so issued shall, subject to any suspension under paragraph (a) of subsection (4) below or revocation under paragraph (b) of that subsection, continue in force until such date or occurrence as may be specified in the certificate.

(4)If at any time it appears to the chief constable that the person in respect of whom the certificate has been issued—

(a)may not be a fit and proper person to perform the functions of a police custody and security officer he may suspend (pending his consideration of whether to proceed under paragraph (b) of this subsection);

(b)is not a fit and proper person to perform those functions he may revoke,

the certificate and such authorisation as it confers.

Textual Amendments

9BFalse statements in relation to certificationS

A person who, for the purpose of obtaining a certificate such as is mentioned in section 9(1A)(b) of this Act for himself or any other person—

(a)makes a statement which he knows to be; or

(b)recklessly makes a statement which is,

false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

10 Land: compulsory acquisition, etc.S

(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 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.

(2)For the purposes of subsection (1) of this section and of [F28sections 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.

Textual Amendments

Marginal Citations