Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
(1)For the purposes of this Part, the holding of the office of constable shall be treated as employment—
(a)by the chief officer of police as respects any act done by him in relation to a constable or that office;
(b)by the police authority as respects any act done by them in relation to a constable or that office.
(2)There shall be paid out of the police fund—
(a)any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
(b)any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.
(3)Any proceedings under this Act which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police 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 that office; and references in subsection (2) to the chief officer of police shall be construed accordingly.
(4)Subsection (1) applies to a police cadet and an appointment as a police cadet as it applies to a constable and the office of constable.
(5)In this section—
“chief officer of police”—
in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act,
[F1(aa)in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,]
(b)in relation to any other person or appointment, means the officer who has the direction and control of the body of constables or cadets in question;
“the Police Act” means, for England and Wales, the M1[F2the Police Act 1996]or, for Scotland, the M2Police (Scotland) Act 1967;
“police authority”—
in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act,
in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;
“police cadet” means any person appointed to undergo training with a view to becoming a constable;
“police fund” in relation to a chief officer of police within paragraph (a) of the above definition of that term has the same meaning as in the Police Act [F3, in relation to a chief officer of police within paragraph (aa) of that definition means the service fund established under section 16 or, as the case may be, 61 of the Police Act 1997], and in any other case means money provided by the police authority;
“specified Act” means the M3Metropolitan Police Act 1829, the M4City of London Police Act 1839 or the Police Act.
Textual Amendments
F1S. 16(5): para. (aa) inserted in the definition of
“chief officer of police”
(1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 35(a); S.I. 1998/354, art. 2(1)(2)(ay)(bb)
F2Words in s. 16(5) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 31
F3S. 16(5): words in the definition of the
“police fund”
inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 35(b); S.I. 1998/354, art. 2(1)(2)(ay)(bb)
Marginal Citations