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Version Superseded: 01/04/2013
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(1)There shall be a police force to be known as the Ministry of Defence Police and consisting—
(a)of persons nominated by the Secretary of State; and
(b)of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act M1 1923 on the nomination of the Defence Council.
(2)A person nominated under subsection (1) above shall—
(a)in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under [F1the Police Act 1996] before a justice of the peace;
(b)in Scotland make the declaration required of a person on appointment to the office of constable of a police force maintained under the Police (Scotland) Act M2 1967 before a person before whom such a declaration may be made by a person appointed to that office; and
(c)in Northern Ireland be attested as a constable by [F2making the declaration] required of a member of the Royal Ulster Constabulary before a justice of the peace.
(3)The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.
(4)The Secretary of State shall have power—
(a)to suspend a member of the Ministry of Defence Police from duty; and
(b)to terminate a person’s membership.
[F3(5)The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—
(a)to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and
(b)to exercise such other functions as may be conferred on it by or under this Act;
and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.]
(6)The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 1(2)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 41
F2Words in s. 1(2)(c) substituted (9.2.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 16; S.R. 1999/48, art. 3 (with art. 4)
F3S. 1(5) substituted (9.3.2004) by Police Reform Act 2002 (c. 30), ss. 79(3), 108(2); S.I. 2004/636, art. 2
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