Part III Miscellaneous and General

Remedies and complaints against police

39 Liability for wrongful acts of constables.

(1)

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.

(2)

The police authority shall pay—

(a)

any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)

any sum required in connection with the settlement of any claim made against the chief constable of a police force by virtue of this section, if the settlement is approved by the police authority.

(3)

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.

(4)

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, 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.

40 Information as to manner of dealing with complaints.

Every police authority and inspectors of constabulary shall keep themselves informed as to the manner in which complaints made by members of the public against constables are dealt with by the chief constable.

40AF1 Examination of handling of complaints against constables.

(1)

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.

(2)

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.

(3)

On making a direction under subsection (2) above, the inspectors of constabulary shall notify the constable against whom the complaint was made and the person who made it that they have done so; and the outcome of any reconsideration carried out by virtue of that subsection shall be communicated forthwith to the inspectors of constabulary, who shall—

(a)

report the outcome, and their own findings as regards the outcome, to that constable and to that person; and

(b)

communicate those findings to the chief constable.

(4)

Where an examination has been carried out under subsection (1) above—

(a)

the Secretary of State may require the inspectors of constabulary to submit to him, and

(b)

the police authority for the area for which the police force in question is maintained may require the inspectors of constabulary to submit to them,

a written report concerning that examination and a copy of any report under subsection (3)(a) above consequent on that examination.

Miscellaneous

46 Rewards.

(1)

Subject to the provisions of this section, on the recommendation of the chief constable of a police force the police authority may pay such sums by way of reward as they think fit—

(a)

to any constable (other than the chief constable) of the police force who in their opinion has conducted himself in the performance of his duty with exceptional merit, or

(b)

to any constable (other than the chief constable) of another police force who, while serving with the first-mentioned force in pursuance of the provisions of this Act relating to the mutual aid of police forces or to collaboration agreements, has in their opinion conducted himself in the performance of his duty with exceptional merit, or

(c)

to any person who in their opinion has substantially contributed to the fulfilment of the functions of the police force.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

47 Criminal statistics.

(1)

The chief constable of a police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State and to the police authority a statement with respect to the police area for which the force is maintained, showing for the year to 31st December last preceding—

(a)

the number of offences reported to the police;

(b)

the number of persons taken into custody by the police;

(c)

the nature of the charges made against such persons respectively;

(d)

the number of cases in which further criminal proceedings were taken and the result of any such proceedings:

(e)

such further statistical information relating to the state of crime as the chief constable may think material or as the Secretary of State may direct.

(2)

The Secretary of State shall cause a consolidated and classified abstract of the reports mentioned in subsection (1) of this section to be prepared and laid before Parliament and shall cause a copy of such abstract to be sent to each police authority.

(3)

To enable a chief constable to perform the duty imposed on him by subsection (1) of this section—

(a)

he shall keep, and maintain up to date at all times, sufficient records of all the matters specified in the said subsection, and

(b)

he shall be entitled to obtain from the clerk of any court having criminal jurisdiction in any part of the area such information regarding those matters as may be available to the clerk and necessary for the purpose.

Supplemental

48 Regulations, rules and orders.

(1)

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

(2)

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.

(3)

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.

49 Financial provisions.

(1)

There shall be defrayed out of moneys provided by Parliament—

(a)

any expenses incurred by the Secretary of State under this Act; and

(b)

any increase attributable to this Act in the sums payable out of moneys so provided under any enactment.

(2)

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.

50 Meaning of “police area”, etc.

Except where the context otherwise requires, in this Act . . . F8

(a)

“police area” or “police district” means a police area within the meaning of section 1(2) of this Act as read with section 19(9)(a) thereof, and “combined area” means the area consisting of the police areas combined by an amalgamation scheme;

(b)

“police authority” has the meaning assigned to it by section 2(1) of this Act as read with section 19(9)(b) thereof;

(c)

“police force” means a police force maintained under this Act for a police area or a combined area;

(d)

any reference—

(i)

to the chief officer of a police force shall be construed as a reference to the chief constable of that force;

(ii)

to the chief constable or chief officer of police of, or appointed for, any area or district shall be construed as a reference to the chief constable of the police force maintained for the police area comprising that area or district;

and any reference to the chief constable, or chief officer, of a police force shall be construed as including a reference to any other constable of the force who, during a vacancy in the office of the chief constable or during any absence of the chief constable from duty, is responsible for performing the functions of that office;

(e)

references to payments into or out of the police fund shall be construed as references to payments to or by the police authority.

51 General interpretation.

(1)

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 F9section 20 or section 21A of this Act, and “amending scheme” and “revoking scheme” mean respectively a scheme amending or revoking an amalgamation scheme;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

“constable” means a constable (including the chief constable) of a police force; and “regular constable”, “special constable”, and “temporary constable” have the meanings assigned to them respectively by section 3(1) of this Act;

“constituent authority” means a police authority which is a party to 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.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3)

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.

(4)

Except where the context otherwise requires, in this Act . . . F12 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.

(5)

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.

(6)

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 M1Police (Scotland) Act 1956 or by the M2Police Act 1964 or to the corresponding provision of any enactment so repealed.

52 Consequential amendments, repeals and savings.

(1)

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 :

Provided that the amendments of section 5(5)(a) of the M3Homicide Act 1957 contained in the said Schedule shall have effect only on the reviver of that Act by virtue of section 4 of the M4Murder (Abolition of Death Penalty) Act 1965.

(2)

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.

(3)

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 M5Police (Scotland) Act 1956 or by the M6Police 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.

(4)

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.

(5)

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 M7Police (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.

(6)

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.

(7)

So much of any enactment or other document as refers expressly or by implication to any enactment repealed by this Act or by the M8Police (Scotland) 1956 or by the M9Police 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.

(8)

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 F13sections 16(1) and 17(2)(a) of the M10Interpretation Act 1978 with regard to the effect of repeals.

53 Short title, extent and commencement.

(1)

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

(2)

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 M11Police (Scotland) Act 1956 and to the M12Police Act 1964; but save as aforesaid this Act shall extend to Scotland only.

(3)

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.