Police Act 1996

1996 c. 16

An Act to consolidate the Police Act 1964, Part IX of the Police and Criminal Evidence Act 1984, Chapter I of Part I of the Police and Magistrates’ Courts Act 1994 and certain other enactments relating to the police.

[22nd May 1996] E1

I1 C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Commencement Information

Act partly in force at 22.8.1996, partly prospective; see s.104; Act wholly in force at 1.4.1999 by S.I. 1999/533, arts. 2, 3

Extent Information

For the extent of this Act see s.105

Modifications etc. (not altering text)

Act applied (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 8(8); S.R. 2000/399, art. 3 (with arts. 4-5)

Act: power to modify conferred (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a) (with art. 3)

Part I Organisation of Police Forces

Police areas

1 Police areas.

1

England and Wales shall be divided into police areas.

2

The police areas referred to in subsection (1) shall be—

a

those listed in Schedule 1 (subject to any amendment made to that Schedule by an order under section 32 below, section 58 of the M1Local Government Act 1972, F301section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007),

b

the metropolitan police district, and

c

the City of London police area.

3

References in Schedule 1 to any local government area are to that area as it is for the time being, F1. . .

Forces outside London

2 Maintenance of police forces.

A police force shall be maintained for every police area for the time being listed in Schedule 1.

3 Establishment of police authorities.

1

There shall be a police authority for every police area for the time being listed in Schedule 1.

2

A police authority established under this section for any area shall be a body corporate to be known by the name of the area with the addition of the words “ Police Authority ”.

4 Membership of police authorities etc.

1

Subject to subsection (2), each police authority established under section 3 shall consist of seventeen members.

2

The Secretary of State may by order provide in relation to a police authority specified in the order that the number of its members shall be a specified odd number greater than seventeen.

3

A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

4

F241 Schedule 2 shall have effect in relation to police authorities established under section 3 and the appointment of their members.

5 Reductions in size of police authorities.

1

This section applies to any order under section 4(2) which varies or revokes an earlier order so as to reduce the number of a police authority’s members.

2

Before making an order to which this section applies, the Secretary of State shall consult—

a

the authority, F174and

b

the councils which are relevant councils in relation to the authority for the purposes of Schedule 2, F175...

F175c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An order to which this section applies may include provision as to the termination of the appointment of the existing members of the authority and the making of new appointments or re-appointments.

F4 The metropolitan police force

Annotations:

Amendments (Textual)

Ss. 5A-5C and heading inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6

F25A Maintenance of the metropolitan police force.

A police force shall be maintained for the metropolitan police district.

F35B Establishment of the Metropolitan Police Authority.

1

There shall be a police authority for the metropolitan police district.

2

The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.

5C Membership etc of the Metropolitan Police Authority.

1

The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).

2

The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.

3

Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult—

a

the Greater London Authority; F176and

b

the Metropolitan Police Authority; F177...

F177c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.

5

A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

6

F242 Schedule 2A shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.

F33The metropolitan police and forces outside London

Annotations:

Amendments (Textual)

F33

Ss. 5A-5C and headings inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6

6 General functions of police authorities.

1

Every police authority established under section 3

F399a

shall secure the maintenance of an efficient and effective police force for its area F300, and

b

shall hold the chief officer of police of that force to account for the exercise of his functions and those of persons under his direction and control.

2

In discharging its functions, every police authority established under section 3 shall have regard to—

a

any F219strategic priorities determined by the Secretary of State under section 37A,

F379aa

the views of people in the authority's area about policing in that area,

b

any objectives determined by the authority F309 by virtue of section 6ZB ,

c

any performance targets established by the authority, whether in compliance with a direction under section 38 or otherwise, and

F310d

any plan issued by the authority by virtue of section 6ZB.

3

In discharging any function to which a code of practice issued under section 39 relates, a police authority established under section 3 shall have regard to the code.

F3084

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55

This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3

6ZAF237Power to confer particular functions on police authorities

1

The Secretary of State may by order confer particular functions on police authorities.

2

Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring a police authority—

a

to monitor the performance of the police force maintained for its area in—

i

complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;

ii

carrying out any plan issued by virtue of section 6ZB;

b

to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;

c

to promote diversity within that force and within the authority.

3

Before making an order under this section the Secretary of State must consult—

a

the Association of Police Authorities,

b

the Association of Chief Police Officers, and

c

such other persons as he thinks fit.

4

An order under this section may make different provision for different police authorities.

5

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6ZBF303Plans by police authorities

1

Before the beginning of each financial year every police authority shall issue a plan (a “policing plan”) setting out—

a

the authority's objectives (“policing objectives”) for the policing of its area during that year; and

b

the proposed arrangements for the policing of that area for the period of three years beginning with that year.

2

Policing objectives shall be so framed as to be consistent with any strategic priorities determined under section 37A.

3

Before determining policing objectives, a police authority shall—

a

consult the relevant chief officer of police, and

b

consider any views obtained by the authority in accordance with arrangements made under section 96.

4

A draft of a policing plan required to be issued by a police authority under this section shall be prepared by the relevant chief officer of police and submitted by him to the authority for it to consider.

The authority shall consult the relevant chief officer of police before issuing a policing plan which differs from the draft submitted by him under this subsection.

5

The Secretary of State may by regulations make provision supplementing that made by this section.

6

The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.

7

The regulations may contain provision as to—

a

matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));

b

persons who are to be consulted, and matters that are to be considered, in preparing policing plans;

c

modification of policing plans;

d

persons to whom copies of policing plans are to be sent.

8

Before making regulations under this section the Secretary of State must consult—

a

the Association of Police Authorities,

b

the Association of Chief Police Officers, and

c

such other persons as he thinks fit.

9

Regulations under this section may make different provision for different police authorities.

10

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

11

In this section “the relevant chief officer of police”, in relation to a police authority, means the chief officer of police of the police force maintained by that authority.

6ZCReports by police authorities

1

The Secretary of State may by order require police authorities to issue reports concerning the policing of their areas.

2

An order under this section may contain provision as to—

a

the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;

b

the matters to be dealt with in reports;

c

persons to whom copies of reports are to be sent.

3

Before making an order under this section the Secretary of State must consult—

a

the Association of Police Authorities,

b

the Association of Chief Police Officers, and

c

such other persons as he thinks fit.

4

An order under this section may make different provision for different police authorities.

5

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3046A Three-year strategy plans

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F3057 Local policing objectives.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3068 Local policing plans.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8AF180Local policing summaries

1

As soon as possible after the end of each financial year, every police authority established under section 3 shall issue a report for members of the public in the authority's area on matters relating to the policing of that area for the year.

2

Such a report is referred to in this section as a “local policing summary”.

3

The Secretary of State may by order specify matters which are to be included in a local policing summary.

4

A police authority shall arrange—

a

for every local policing summary issued by it under this section to be published in such manner as appears to it to be appropriate, and

b

for a copy of every such summary to be sent, by whatever means appear to the authority to be appropriate, to each person liable to pay any tax, precept or levy to or in respect of the authority.

5

It shall be the duty of a police authority, in preparing and publishing a local policing summary, to have regard to any guidance given by the Secretary of State about the form and content of local policing summaries and the manner of their publication.

6

Before making an order under subsection (3), and before giving any such guidance as is referred to in subsection (5), the Secretary of State must consult—

F247a

the Association of Police Authorities;

F247b

the Association of Chief Police Officers; and

c

such other persons as he thinks fit.

7

This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.

8

A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3079 Annual reports by police authorities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9AF6 General functions of the Commissioner of Police of the Metropolis.

1

The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.

F3721A

Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).

2

In discharging his functions, the Commissioner of Police of the Metropolis shall have regard F311 to—

a

any arrangements involving the metropolitan police force that are made by virtue of section 6ZA(2)(b);

b

the policing plan issued by the Metropolitan Police Authority under section 6ZB.

9BF7 Appointment of Commissioner of Police of the Metropolis.

1

There shall be a Commissioner of Police of the Metropolis.

2

b

any representations made to him by the Commissioner.

6

In this section—

“the Commissioner” means the Commissioner of Police of the Metropolis;
“Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.

9EF10 Removal of Commissioner or Deputy Commissioner.

1

The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis F165 in the interests of efficiency or effectiveness, to retire or to resign .

2

Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis F166—

a

an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and

b

an opportunity to make representations;

and the Authority shall consider any representations made by or on behalf of the Commissioner.

The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.

F1642A

The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if—

a

it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or

b

having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or

c

it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;

and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).

3

Where the Commissioner of Police of the Metropolis is called upon to F167 retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date as may be agreed upon between him and the Authority.

4

This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.

5

This section is without prejudice to—

a

section 9B(3),

b

section 9D(3),

c

any regulations under section 50, or

d

any regulations under the M2Police Pensions Act 1976.

any regulations under the M3Police Pensions Act 1976.

5

An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.

6

Subsection (5) is without prejudice to any regulations under section 50.

any regulations under section 50, or

b

any regulations under the Police Pensions Act 1976 (c. 35).

any regulations under the M4Police Pensions Act 1976.

9HF14 Other members of the metropolitan police force.

1

The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.

2

The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—

a

Commissioner of Police of the Metropolis,

b

Deputy Commissioner of Police of the Metropolis,

c

Assistant Commissioner of Police of the Metropolis, and

F15ca

Deputy Assistant Commissioner of Police of the Metropolis, and

d

Commander,

those of F16chief superintendent, superintendent, chief inspector, inspector, sergeant and constable.

3

In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.

10 General functions of chief constables.

C21

A police force maintained under section 2 shall be under the direction and control of the chief constable appointed under section 11.

F3731A

Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).

2

In discharging his functions, every chief constable shall have regard F312to—

a

any arrangements involving his force that are made by virtue of section 6ZA(2)(b);

b

the policing plan issued by the police authority for his area under section 6ZB.

11 Appointment and removal of chief constables.

1

The chief constable of a police force maintained under section 2 shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under section 50.

2

Without prejudice to any regulations under section 50 or under the M5Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable F152 in the interests of efficiency or effectiveness, to retire or to resign .

3

Before seeking the approval of the Secretary of State under subsection (2), the police authority shall give the chief constable F154—

a

an explanation in writing of the authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and

b

an opportunity to make representations;

and the authority shall consider any representations made by or on behalf of the chief officer.

The opportunity given to the chief constable to make representations must include the opportunity to make them in person.

F1513A

A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if—

a

b

c

4

A chief constable who is called upon to F153 retire or resign under subsection (2), shall retire or resign with effect from such date as the police authority may specify, or with effect from such earlier date as may be agreed upon between him and the authority.

11AF17 Appointment and removal of deputy chief constables

1

b

in paragraph (c), of the words from “or been sent” to “exercise that power”; and

c

of the words after paragraph (c).

F184

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F195

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206

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12AF21 Power of deputy to exercise functions of chief constable

1

F223The appropriate deputy chief constable of a police force may exercise or perform any or all of the powers or 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.

F2221A

The appropriate deputy chief constable for the purposes of subsection (1) is—

a

in the case of a police force that has only one deputy chief constable, the deputy chief constable;

b

in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable.

1B

The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).

1C

During any absence, incapacity or suspension from duty of the person who—

a

is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or

b

is treated under this subsection as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.

F2242

The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—

a

the chief constable is absent, incapacitated or suspended from duty and—

i

the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or

ii

the office of the deputy chief constable, or of each of the deputy chief constables, is vacant;

b

the office of the chief constable is vacant and—

i

the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or

ii

F244

This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

15 Civilian employees.

1

A police authority established under section 3 may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.

F2482

A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to F374any provision included in a police force collaboration agreement by virtue of section 23(4) and to section 24(3A), any person employed by the authority under this section solely to assist the police force maintained by the authority is under the direction and control of the chief officer of police of that force.

F2493

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

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

F255

This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

16C3 Appointment of F243chief executive.

F261

A police authority established under section 3 shall appoint a person to be the F250chief executive of the authority.

F272

The Metropolitan Police Authority shall appoint a person to be the F251chief executive of the Metropolitan Police Authority.

17 Appointment of persons not employed by police authorities.

F281

Where a police authority established under section 3 is required or authorised by any Act—

a

to appoint a person to a specified office under the authority, or

b

to designate a person as having specified duties or responsibilities,

then, notwithstanding any provision of that Act to the contrary, the authority may appoint or designate either a person employed by the authority under section 15, or a person not holding any office or employment under the authority.

F292

This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.

F3018 Supply of goods and services.

1

Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39)(supply of goods and services by local authorities)—

a

shall apply, with the modification set out in subsection (2), to a police authority established under section 3 of this Act and to the Metropolitan Police Authority as they apply to a local authority; and

b

shall also apply with that modification in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force.

2

The modification is that references in those subsections to a public body shall be read as references to any person.

F3753

A police authority may not enter into an agreement with another police authority under section 1 of the 1970 Act in respect of a matter which could be the subject of a police authority collaboration agreement.

19 Approval of decisions about precepts.

1

A police authority established under section 3 shall not—

a

issue a precept under section 40 of the M6Local Government Finance Act 1992, or

b

make the calculations required by section 43 of that Act,

except by a decision of the authority which complies with subsection (2) below.

2

A decision complies with this subsection only if the members approving it—

a

constitute at least half of the total membership at the time of the decision, and

b

include more than half of the members (at that time) F240 who are members of a relevant council as defined in paragraph 8 of Schedule 2 .

20 Questions on police matters at council meetings.

1

a

by this Act, or

b

by any other Act passed, or subordinate legislation made, on or after 21st July 1994.

3

For the purposes of subsection (1), a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—

a

was made before 21st July 1994 under a public general Act, and

b

is of a legislative character.

General provisions

22 Reports by chief constables to police authorities.

1

Every F34chief officer of police of a police force shall, as soon as possible after the end of each financial year, submit to the police authority a general report on the policing during that year of the area for which his force is maintained.

2

A F34chief officershall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

3

The F34chief officer of police of a police force shall, whenever so required by the police authority, submit to that authority a report on such matters as may be specified in the requirement, being matters connected with the policing of the area for which the force is maintained.

4

A report submitted under subsection (3) shall be in such form as the police authority may specify.

5

If it appears to the F34chief officer that a report in compliance with subsection (3) 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 request that authority to refer the requirement to submit the report 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.

6

The police authority may arrange, or require the F34chief officerto arrange, for a report submitted under subsection (3) to be published in such manner as appears to the authority to be appropriate.

F357

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23F371Police force collaboration agreements

1

The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.

2

An agreement may, in particular, provide—

a

for the joint discharge of functions by members of police forces;

b

for members of a police force to discharge functions in another force's area;

c

for members of a police force to be provided to another force.

3

An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.

4

An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

5

A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

6

A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.

7

In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.

8

An agreement under this section is referred to in this Part as a police force collaboration agreement.

A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.

6

Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.

7

An agreement under this section is referred to in this Part as a police authority collaboration agreement.

23BCollaboration agreements: payments

1

a police force collaboration agreement, or

b

a police authority collaboration agreement.

23CCollaboration agreements: consultation and supplemental

1

6

Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

23HCollaboration agreements: termination by Secretary of State

1

The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

2

A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

3

Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

1

The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

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) cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

3

While a constable is provided under this section for the assistance of another police force he shall, notwithstanding F253sections 9A(1) and 10(1), be under the direction and control of the chief officer of police of that other force.

F2523A

While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.

4

The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

F1724A

This section shall apply in relation to the British Transport Police Authority, the British Transport Police Force and the Chief Constable of that Force as it applies to a police authority, a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to section 10(1) shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.

F1815

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2825 Provision of special services.

1

The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority.

F361A

The Chief Constable of the British Transport Police Force may provide special police services at the request of any person, subject to the payment to the F173British Transport Police Authority of charges on such scales as may be determined by that Authority.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 Provision of advice and assistance to international organisations etc.

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 officer of police for its area.

2

The power conferred on a police authority by subsection (1) includes a power to make arrangements under which a member of the police force maintained by 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) 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) may be given subject to such conditions as appear to the Secretary of State to be appropriate.

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 or assistance provided by it under this section.

F377

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

The provisions of this section are without prejudice to the M8Police (Overseas Service) Act 1945 F38. . . .

27 Special constables.

1

The chief officer of police of the police force maintained for a police area may, in accordance with regulations under section 51, appoint special constables for that area.

2

Subject to F376provision included in a police force collaboration agreement by virtue of section 23(4),F254section 24(3) and regulations under section 51, all special constables appointed for a police area shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

28 Police cadets.

1

The chief officer of police of a police force may, in accordance with regulations under section 52, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

2

Subject to regulations under section 52, all police cadets shall be under the control of, and subject to dismissal by, the chief officer of police.

3

Without prejudice to subsection (2), for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, the police authority that maintains a police force shall be treated as the employer of any police cadets undergoing training with the force.

F394

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C20 C21 C3829 Attestation of constables.

Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4—

F40a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F41. . . before a justice of the peace having jurisdiction within the police area.

C2930 Jurisdiction of constables.

1

A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

F2552

A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

F2563

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F423A

A member of the British Transport Police Force who is for the time being required by virtue of F378section 24 to serve with a police force maintained by a police authority shall have all the powers and privileges of a member of that police force.

F3773B

Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a police force collaboration agreement under section 23, the member shall have all the powers and privileges of a member of that other force.

3C

In subsection (3B), “police force” and “chief officer” have the meanings given by section 23I.

F2574

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In this section—

powers includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and this section, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

6

This section is without prejudice to—

a

sections 98 and 99 below, and

b

any other enactment conferring powers on constables for particular purposes.

31 Rewards for diligence.

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.

Alteration of police areas

32 Power to alter police areas by order.

1

The Secretary of State may by order make alterations in police areas in England and Wales other than the City of London police area.

2

The alterations that may be made by an order under this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the abolition of the metropolitan police district.

3

The Secretary of State shall not exercise his power under this section to make alterations unless either—

a

he has received a request to make the alterations from the police authority for each of the areas F43. . . affected by them, or

b

it appears to him to be expedient to make the alterations in the interests of efficiency or effectiveness.

4

The Secretary of State shall exercise his power to make orders under this section in such a way as to ensure that none of the following areas—

a

a county in which there are no district councils,

b

a district in any other county,

c

a county borough in Wales, and

d

a London borough,

is divided between two or more police areas.

F445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the Secretary of State has given a notice under subsection (1) specifying proposed alterations, the provisions of an order making the alterations may be inconsistent with the notice so far as it describes the general nature of the provisions, and may contain provisions not referred to in the notice.

34 Orders altering police areas: supplementary provisions.

1

The power to make orders under section 32 includes power to make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient, including—

a

provision as to the membership of a police authority;

b

provision for the transfer of property, rights and liabilities;

c

provision for the transfer of members of police forces and other persons;

d

provision as to pending legal proceedings.

2

Without prejudice to subsection (1), the power to make orders under section 32 includes power—

a

to amend Schedule 1 to this Act and section 76 of the M9London Government Act 1963 (extent of metropolitan police district), and

Part III (other than sections 61 and 62);

d

in Chapter II of Part IV, F330sections 84 and 85 and Schedule 6; and

e

in Part V, section 95.

F22636A National Policing Plan

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22737 Setting of objectives for police authorities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37AF218Setting of strategic priorities for police authorities

1

The Secretary of State may determine strategic priorities for the policing of the areas of all police authorities to which this section applies.

2

Before determining any such priorities the Secretary of State shall consult—

a

the Association of Police Authorities, and

b

the Association of Chief Police Officers.

3

The Secretary of State shall arrange for any priorities determined under this section to be published in such manner as he considers appropriate.

4

The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.

38 Setting of performance targets.

1

Where F229a strategic priority has been determined under section 37A, the Secretary of State may direct police authorities to establish levels of performance (performance targets to be aimed at in seeking F230to give effect to that priority.

2

4

Before preparing a draft code of practice under this section or any draft revisions of such a code, the F260National Policing Improvement Agency shall consult with—

F261a

the Association of Police Authorities;

F261b

the Association of Chief Police Officers; and

c

such other persons as it thinks fit.

5

The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.

6

The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—

a

would be against the interests of national security;

b

could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or

c

could jeopardise the safety of any person.

7

In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.

an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

7

A police authority that is given a direction under this section shall comply with it.

an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

7

A police authority that is given a direction under this section shall comply with it.

8

Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.

may relate to more than one direction.

41 Directions as to minimum budget.

1

The power of the Secretary of State to give directions under section 40 F262or 40A to a police authority established under section 3 shall include power to direct the authority that the amount of its F397council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year shall not be less than an amount specified in the direction.

2

The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter F398 4ZA or F49IVA of Part I of the Local Government Finance Act 1992.

3

A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.

4

Where the Secretary of State gives a direction to a police authority by virtue of subsection (1), any precept issued or calculation made by the authority under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

F26341A Power to give directions as to action plans

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26441B Procedure for directions under section 41A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section 9E, 11 or 42.

2

Before making any regulations under this section, the Secretary of State shall consult with—

F265a

the Association of Police Authorities;

b

4

F51The chief officer of police of every police forceshall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by section 22(1) to be submitted to the police authority.

F525

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45 Criminal statistics.

1

The chief officer of police of every police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in the chief officer’s police area as the Secretary of State may require.

2

The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

46 Police grant.

1

Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to—

a

police authorities for areas other than the metropolitan police district, and

b

the F53Greater London Authority;

and in those provisions references to police authorities shall be taken as including references to the F54Greater London Authority .

2

For each financial year the Secretary of State shall with the approval of the Treasury determine—

a

the aggregate amount of grants to be made under this section, and

b

the amount of the grant to be made to each authority;

and any determination may be varied by further determinations under this subsection.

3

The Secretary of State shall prepare a report setting out any determination under subsection (2), and stating the considerations which he took into account in making the determination.

4

In determining the allocation among police authorities of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.

5

The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for different authorities or different classes of authority.

6

A copy of every report prepared under subsection (3) shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.

7

A grant to a police authority under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.

F557A

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

8

Where in consequence of a further determination under subsection (2) the amount of an authority’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by the authority to the Secretary of State on such day as he may specify; but no sum shall be payable by an authority under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

F569

Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.

47 Grants for capital expenditure.

1

The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes by—

a

police authorities for areas other than the metropolitan police district, and

b

the F57Metropolitan Police Authority.

2

Grants under this section may be made either unconditionally or subject to conditions.

3

The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

F584

Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

5

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

48 Grants for expenditure on safeguarding national security.

1

The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes by—

a

police authorities for areas other than the metropolitan police district, and

b

the F59Metropolitan Police Authority,

in connection with safeguarding national security.

2

Grants under this section may be made either unconditionally or subject to conditions.

3

The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

F604

Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

5

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

F17949 Local inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I250 Regulations for police forces.

1

Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.

2

Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

a

the ranks to be held by members of police forces;

b

the qualifications for appointment and promotion of members of police forces;

c

periods of service on probation;

d

voluntary retirement of members of police forces;

e

the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;

f

the suspension of members of a police force from membership of that force and from their office as constable;

g

the maintenance of personal records of members of police forces;

h

the duties which are or are not to be performed by members of police forces;

i

the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;

j

the hours of duty, leave, pay and allowances of members of police forces; and

k

the issue, use and return of police clothing, personal equipment and accoutrements.

F3323

Without prejudice to the powers conferred by this section, regulations under this section shall—

a

establish, or

b

7

Regulations under this section may make different provision for different cases and circumstances.

8

Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

51 Regulations for special constables.

1

The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.

2

Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

a

the qualifications for appointment of special constables;

b

the retirement of special constables;

F61ba

the conduct F334 , efficiency and effectiveness of special constables and the maintenance of discipline;

c

to be published in such manner as appears to the authority to be appropriate.

6

The police authority F73. . .shall send a copy of any document published under subsection (5) to the Secretary of State.

F1847

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F748

Subsections (3) to (6) above apply in relation to a report relating to the Central Police Training and Development Authority as if—

a

the reference to the police authority maintaining the police force to which the report relates were a reference to the Central Police Training and Development Authority; and

b

subsections (3)(b), (4) and (5)(b) and (c) were omitted.

C34 C37 C4056 Assistant inspectors and staff officers.

1

The Secretary of State may appoint assistant inspectors of constabulary.

2

Members of a police force may be appointed by the Secretary of State to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.

3

Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.

Central services

57 Common services.

1

The Secretary of State may provide and maintain, or may contribute to the provision or maintenance of, such organisations, facilities and services as he considers necessary or expedient for promoting the efficiency or effectiveness of the police.

F3261A

The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.

1B

Financial assistance under subsection (1)—

a

may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and

b

may be given subject to terms and conditions determined by the Secretary of State;

but any financial assistance under that subsection other than a grant requires the consent of the Treasury.

1C

Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.

1D

Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.

2

Charges may be made for the use of facilities and services provided by the Secretary of State (or by organisations provided or maintained by him) under subsection (1).

3

The Secretary of State may by regulations make provision for requiring F368one or more police forces to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1)) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.

F753A

Regulations under this section relating to all police forces may also require the F185Serious Organised Crime Agency to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the F186Agency for the Agency to do so.

4

Before making regulations under this section, the Secretary of State shall consult—

F273a

the Association of Police Authorities;

b

the Association of Chief Police Officers; and

F187c

if the regulations relate to the Serious Organised Crime Agency, that Agency.

F765

The Secretary of State shall consult the F274National Policing Improvement Agency before making regulations under this section relating to information technology.

6

In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

58 Research.

The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency or effectiveness of the police.

Part III Police Representative Institutions

C559 Police Federations.

1

There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in those countries respectively in all matters affecting their welfare and efficiency, except for—

a

questions of promotion affecting individuals, and

b

(subject to subsection (2)) questions of discipline affecting individuals.

2

A Police Federation may represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the M10Police (Scotland) Act 1967 or on an appeal from any such proceedings.

3

Except on an appeal to a police appeals tribunal or as F340provided in regulations made in accordance with section 84, a member of a police force may only be represented under subsection (2) by another member of a police force.

4

The Police Federations shall act through local and central representative bodies.

5

The Police Federations and every branch of a Federation shall be entirely independent of, and subject to subsection (6) unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

6

The Secretary of State—

a

may authorise a Police Federation or a branch of a Federation to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify, and

b

may vary or withdraw an authorisation previously given;

and anything for the time being so authorised shall not be precluded by subsection (5).

7

This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

F2757A

For the purposes of subsection (1), a member of the staff of the National Policing Improvement Agency who is—

a

a constable, and

b

an employee of the Agency,

shall be treated as a member of a police force in England and Wales, and references in this section to police service shall be construed accordingly.

F1888

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C660 Regulations for Police Federations.

1

The Secretary of State may by regulations—

a

prescribe the constitution and proceedings of the Police Federations, or

b

authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

2

Without prejudice to the generality of subsection (1), regulations under this section may make provision—

a

with respect to the membership of the Federations;

b

with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

c

with respect to the manner in which representations may be made by committees or bodies of the Federations to police authorities, chief officers of police and the Secretary of State;

d

for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by police authorities for police purposes; and

e

for modifying any regulations under the M11Police Pensions Act 1976, section 50 above or section 26 of the M12Police (Scotland) Act 1967 in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

F1892A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.

4

Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee.

5

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

This section applies to police cadets as it applies to members of police forces.

60AF246Sections 59 and 60: special provision for the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency

61 The Police Negotiating Board for the United Kingdom.

1

There shall continue to be a Police Negotiating Board for the United Kingdom for the consideration by persons representing the interests of—

a

the authorities who between them maintain the police forces in Great Britain and the F77Police Service of Northern Ireland,

F190aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the persons who are members of those police forces or of F78the Police Service or are police cadets,

F191ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F276bb

the members of the staff of the National Policing Improvement Agency who are constables,

c

the Commissioner of Police of the Metropolis, F79. . .

F277ca

the Scottish Police Services Authority,

cb

constables seconded to that Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,

cc

persons seconded to that Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (cb),

cd

persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,

d

the Secretary of State, F386F80...

e

the Scottish Ministers,F385and

f

the Department of Justice in Northern Ireland,

of questions relating to hours of duty, leave, pay and allowances, pensions or the issue, use and return of police clothing, personal equipment and accoutrements.

2

The Chairman and any deputy chairman or chairmen of the Board shall be appointed by the Prime Minister F81after consultation with the Scottish MinistersF387and the Department of Justice in Northern Ireland

3

Subject to subsection (2), the Board shall continue to be constituted in accordance with such arrangements, made after consultations between the Secretary of State and organisations representing the interests of the persons referred to in paragraphs F82(a), (b), (c) F388, (e) and (f) of subsection (1), as appear to the Secretary of State to be satisfactory.

4

The Secretary of State may—

a

pay to the Chairman and to any deputy chairman or chairmen of the Board such fees as the Secretary of State may, with the approval of the Treasury, determine, and

b

defray any expenses incurred by the Board.

F835

The Scottish Ministers may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Scotland.

6

For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under subsection (5) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.

F3847

The Department of Justice in Northern Ireland may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Northern Ireland.

62

1

Before making—

a

regulations under section 50 or 52;

F192aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193ab

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F391c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F279d

regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency),

with respect to any of the matters mentioned in section 61(1) (other than pensions), the Secretary of State shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.

F3891ZA

Before making regulations under section 25 of the Police (Northern Ireland) Act 1998 with respect to any of the matters mentioned in section 61(1) (other than pensions), the Department of Justice in Northern Ireland shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.

F4071A

Before making

F404a

regulations under section 26 or 27 of the Police (Scotland) Act 1967 (other than regulations relating to special constables)

F406b

F3902A

The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of subsection (1ZA) above and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.

C83

No regulations relating to pensions shall be made under section 52 above, section 27 of the Police (Scotland) Act 1967 or F85section 25 of the Police (Northern Ireland) Act 1998 except after consultation with the Board.

63 Police Advisory Boards for England and Wales and for Scotland.

1

There shall continue to be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively.

F2341ZA

The Police Advisory Board for Scotland shall also advise the Scottish Ministers on general questions affecting—

a

constables seconded to the Scottish Police Services Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,

b

persons seconded to the Scottish Police Services Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (a); or

c

persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.

F1981A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1991B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2811C

The Police Advisory Board for England and Wales shall also advise the Secretary of State on general questions affecting members of the staff of the National Policing Improvement Agency who are constables.

2

The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests of police authorities and of members of police forces and police cadets.

F1973

Before making—

a

F328regulations or rules under section 50, 52, 84 or 85, other than regulations with respect to any of the matters mentioned in section 61(1), or

b

regulations under Part 2 of the Police Reform Act 2002, F282or

c

regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency), other than regulations with respect to any of the matters mentioned in section 61(1),F370or

d

an order under section 97A, or

e

an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),

the Secretary of State shall supply the Police Advisory Board for England and Wales with a F369draft of the regulations, rules or order, and take into consideration any representations made by that Board.

64 Membership of trade unions.

1

Subject to the following provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.

2

Where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.

F863

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

F2004A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2004B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2834C

This section applies to a member of the staff of the National Policing Improvement Agency who is—

a

a constable, and

b

an employee of the Agency,

as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.

4D

In its application by virtue of subsection (4C), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the chief executive of the National Policing Improvement Agency.

F2844E

This section applies to–

a

the Director General of the Scottish Crime and Drug Enforcement Agency,

b

the Deputy Director General of that Agency, and

c

a police member of that Agency appointed by virtue of paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10),

as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.

4F

In its application by virtue of subsection (4E), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the Director General of the Scottish Crime and Drug Enforcement Agency.

5

Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Part IV Complaints, disciplinary proceedings etc.

C16 C17 F143...

Annotations:

Amendments (Textual)

F143

Pt. 4 Ch. 1 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8 (with s. 26(9)(10)(28)); S.I. 2004/913, art. 2(f)(iv) (with savings in S.I. 2004/671, arts. 1(1), 2(3)(4)

Modifications etc. (not altering text)

C16

Pt. 4 Ch. 1 restricted by S.I. 1985/520, reg. 11(1) (as amended (15.11.2003) by The Police (Complaints) (General) (Amendment) Regulations 2003 (S.I. 2003/2602), regs. 1(1), 8(2))

C17

3

Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—

a

for securing that the officer is notified of his right to such representation;

b

specifying when the officer is to be so notified;

c

for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.

4

In this section—

“the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable to whom the proceedings relate;
“the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;
“prescribed” means prescribed by regulations under this section;
“relevant authority” means—
1. a
  where the officer concerned is a member of a police force (other than a senior officer), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable;
2. b
  where the officer concerned is a senior officer, the police authority for the police force of which the officer is a member;
“relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);
“senior officer” means a member of a police force holding a rank above that of chief superintendent.

5

But in prescribed circumstances “relevant authority” also includes the Independent Police Complaints Commission.

6

Regulations under this section may make different provision for different cases and circumstances.

7

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8

Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008.

9

A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

C1185 Appeals against dismissal etc.

F3371

The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable may appeal to a police appeals tribunal.

2

A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.

C123

The Secretary of State may make rules as to the procedure on appeals to police appeals tribunals under this section.

F3384

Rules made under this section may, in particular, make provision—

a

for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing;

b

for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—

i

by a relevant lawyer within the meaning of section 84, or

ii

by a person who falls within any description of persons prescribed by the rules;

c

for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,

and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules.

F3384A

Rules under this section may make different provision for different cases and circumstances.

F3395

A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3395A

Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

6

Schedule 6 shall have effect in relation to appeals under this section.

F14786 Admissibility of statements in subsequent proceedings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87 Guidance concerning disciplinary proceedings etc.

F3411

The Secretary of State may issue relevant guidance to—

a

police authorities,

b

chief officers of police,

c

other members of police forces,

d

special constables, and

e

persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority.

F3411ZA

“Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).

F1481A

The Secretary of State may also issue guidance to the Independent Police Complaints Commission concerning the discharge of its functions under any regulations under section 50 F342or 51 in relation to disciplinary proceedings.

2

Nothing in this section shall authorise the issuing of any guidance about a particular case.

3

It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.

4

A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

5

In this section “disciplinary proceedings” means any proceedings under any regulations under section 50 F343or 51 that are identified as disciplinary proceedings by those regulations.

Offences

C1889 Assaults on constables.

C25 C321

Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

C25 C322

Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.

3

This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant, or otherwise acting in England or Wales, by virtue of any enactment conferring powers on him in England and Wales.

F924

In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

a

is a member of an international joint investigation team that is led by a member of a police force F203...; and

b

is carrying out his functions as a member of that team.

5

In this section “international joint investigation team” means any investigation team formed in accordance with—

a

any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

b

c

any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

6

A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

C26 C3390 Impersonation, etc.

1

Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

2

Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

4

In this section—

a

“article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document,

F285ab

“member of a police force” includes a member of the staff of the National Policing Improvement Agency who is a constable, and

b

“special constable” means a special constable appointed for a police area.

C3091 Causing disaffection.

1

Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of any police force, or induces or attempts to induce, or does any act calculated to induce, any member of a police force to withhold his services, shall be guilty of an offence and liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

F1782

This section applies in the case of—

a

special constables appointed for a police area,

F287aa

members of the staff of the National Policing Improvement Agency who are constables,

b

members of the Civil Nuclear Constabulary, and

c

members of the British Transport Police Force,

as it applies in the case of members of a police force.

F2863

Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour.

Miscellaneous financial provisions

92 Grants by local authorities.

1

10

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

96AF102 National and international functions of the metropolitan police.

1

The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

2

If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—

a

to the standard specified in any agreement in force under subsection (1), or

b

if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.

3

The Metropolitan Police Authority shall comply with any directions given under subsection (2).

4

For the purposes of this section “national or international functions” means functions relating to—

a

the protection of prominent persons or their residences,

b

national security,

c

counter-terrorism, or

d

the provision of services for any other national or international purpose.

96BF103 National and international functions: application of requirements relating to reports etc.

1

In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.

2

In its application to the Metropolitan Police Authority, F313 section 6ZB(1) shall have effect as if a reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

F3143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In its application to the Metropolitan Police Authority, F315section 6ZC(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

5

In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.

6

Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.

7

Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.

97 Police officers engaged on service outside their force.

1

For the purposes of this section “relevant service” means—

a

temporary service on which a person is engaged in accordance with arrangements made under section 26;

F149aa

temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;

b

temporary service under section 56 on which a person is engaged with the consent of the appropriate authority;

c

temporary service under the Crown in connection with the provision by the Secretary of State of—

i

such organisations and services as are described in section 57, or

ii

research or other services connected with the police,

on which a person is engaged with the consent of the appropriate authority;

F207ca

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F208cb

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F293cc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F293cd

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F318F209ce

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204cf

temporary service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority;

F288cg

temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;

F402ch

temporary service with the F400Independent Safeguarding Authority on which a person is engaged with the consent of the appropriate authority;

F294ch

temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

ci

temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

d

temporary service as an adviser to the Secretary of State on which a person is engaged with the consent of the appropriate authority;

e

service the expenses of which are payable under section 1(1) of the M14Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority;

F104ea

temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;

f

service in the F105Police Service of Northern Ireland, on which a person is engaged with the consent of the Secretary of State and the appropriate authority; F106. . .

g

service pursuant to an appointment under section 10 of the M15Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.F107, or

h

service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.

2

In subsection (1) “appropriate authority”, in relation to a member of a police force, means the chief officer of police acting with the consent of the police authority, except that in relation to the chief officer of police it means the police authority.

3

Subject to subsections (4) to (8), a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M16Police Pensions Act 1976—

a

he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

b

he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 50 above fixing his rate of pay by reference to his length of service.

4

In the case of relevant service to which subsection (1)(e) refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M17Police (Overseas Service) Act 1945.

5

A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

a

the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

b

for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

6

A member of a police force who—

a

has completed a period of relevant service within F205paragraph (a), (aa), (b), (c), F291... F316... (cf) F289 , (cg) F403, (ch) F295, (ch), (ci) , (d), (g) or (h) of subsection (1), or

b

while engaged on relevant service within paragraph (e) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

c

while engaged on relevant service within paragraph F108(ea) or (f) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with section 50(3) for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 85 shall apply accordingly.

7

For the purposes of subsection (6) a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

a

in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

b

in a case within paragraph (c) of that subsection, it is given by or on behalf of F109the Police Ombudsman for Northern Ireland or (as the case may be) the chief constable of the F110Police Service of Northern Ireland, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

8

A member of a police force engaged on relevant service within F206paragraph (aa), (b), (c), F292... F317... (cf) F290 , (cg) F401, (ch) F296, (ch), (ci) or (d) of subsection (1 —

a

shall continue to be a constable, and

b

shall be treated for the purposes of sections 30, 59, 60, 64 and 90 as if he were a member of his police force.

C369

The Secretary of State shall be liable in respect of F111any unlawful conduct of a member of a police force engaged on relevant service within paragraph (b), (c) or (d) of subsection (1) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in F112, in the case of a tort, be treated for all purposes as a joint tortfeasor.

97AF358Power to amend section 97

1

The Secretary of State may by order amend the definition of “relevant service” in section 97(1).

2

An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

3

The provision that may be made under subsection (2) includes provision amending any enactment.

4

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

98 Cross-border aid of one police force by another.

1

The chief officer of police of a police force in England or Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the F113Police Service of Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the F113Police Service of Northern Ireland to meet any special demand on its resources.

2

The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England or Wales F114... the chief constable of the F113Police Service of Northern IrelandF210..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the F113Police Service of Northern IrelandF210... to meet any special demand on its resources.

3

The chief constable of the F113Police Service of Northern Ireland may, on the application of the chief officer of police of a police force in England or Wales or the chief officer of a police force in Scotland F211..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force F211... to meet any special demand on its resources.

F2123A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

If it appears to the Secretary of State—

a

to be expedient in the interests of public safety or order that a police force F214...should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and

b

that satisfactory arrangements under subsection (1), F213(2) or (3) cannot be made, or cannot be made in time,

he may direct the chief officer of police of any police force in England or Wales, the chief officer of any police force in Scotland or the chief constable of the F113Police Service of Northern IrelandF214..., as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.

5

While a constable is provided under this section for the assistance of another police force F215... he shall, notwithstanding any enactment,—

a

be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the F113Police Service of Northern IrelandF215..., of its chief officer or the chief constable of the Police Service of Northern IrelandF217... respectively); and

b

have in any place the like powers and privileges as a member of that other force has in that place as a constable.

6 F2166A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In the application of this section to Scotland, any expression used in this section and in the M18Police (Scotland) Act 1967 shall have the same meaning in this section as in that Act.

F1158

“Constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000.

E399 Jurisdiction of metropolitan police officers.

1

A member of the metropolitan police force who is assigned to the protection of any person or property in Scotland shall, in the discharge of that duty, have the powers and privileges of a constable of a police force maintained under the Police (Scotland) Act 1967.

2

A member of the metropolitan police force who is assigned to the protection of any person or property in Northern Ireland shall, in the discharge of that duty, have the powers and privileges of a constable of the Royal Ulster Constabulary.

100 Chief constables affected by police area alterations or local government reorganisations.

1

If the chief constable of a police force which ceases to exist in consequence of an order under section 32 above F302or section 58 of the Local Government Act 1972 is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

2

E5103 Consequential amendments, transitional provisions, repeals, etc.

1

The enactments mentioned in Schedule 7 shall be amended as provided in that Schedule.

2

Schedule 8 (which contains transitional and transitory provisions, savings etc.) shall have effect.

3

The enactments mentioned in Parts I and II of Schedule 9 are repealed, and the instruments mentioned in Part III of that Schedule are revoked, to the extent specified in the third column of the Schedule.

104 Commencement.

1

Except as provided by subsection (2), this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

P12

The following provisions of this Act—

section 50(3),
Part IV (including Schedules 5 and 6) other than section 88,
paragraphs 43, 45 and 46 of Schedule 7,
paragraph 12 of Schedule 8, and
Part II of Schedule 9,

shall come into force on such day as the Secretary of State may by order appoint.

3

An order under this section may appoint different days for different purposes or different areas.

4

The power to make orders under this section includes power to make such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient.

5

Where an order under this section contains provisions made by virtue of subsection (4), the statutory instrument containing that order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

105 Extent.

1

Except as provided by subsections (2) to (5), this Act extends to England and Wales only.

2

The following provisions of this Act extend to Scotland (and in the case of section 99(1) to Scotland only)—

section 21;
F120section 25(1A);
Part III;
F145...
sections 98, 99(1), 101(2), 102 and 104 to 106 and paragraphs 1 to 5, 7 and 11(1), (2) and (4) of Schedule 8 (and section 103 so far as it relates to those paragraphs).

3

The following provisions of this Act extend to Northern Ireland (and in the case of section 99(2) to Northern Ireland only)—

sections 61 and 62;
sections 98, 99(2), 102 and 104 to 106 and paragraphs 1 to 4 of Schedule 8 (and section 103 so far as it relates to those paragraphs).

4

Subject to subsection (5), the amendments in Schedule 7 and the repeals and revocations in Schedule 9 have the same extent as the enactments to which they refer and section 103 extends accordingly.

5

Paragraphs 2 to 6 of Schedule 7 extend to England, Wales and Scotland only.

106 Short title.

This Act may be cited as the Police Act 1996.

SCHEDULES

SCHEDULE 1 Police areas

Section 1.

England (except London)

Annotations:

Amendments (Textual)

F350

Words in Sch. 1 substituted (1.4.2009) by The Local Government (Structural Changes) (Areas and Membership of Public Bodies in Bedfordshire and Cheshire) Order 2009 (S.I. 2009/119), arts. 1(1), 3

F121

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1846, art. 3

F351

Words in Sch. 1 substituted (1.4.2009) by The Local Government (Structural Changes) (Areas and Membership of Public Bodies in Bedfordshire and Cheshire) Order 2009 (S.I. 2009/119), arts. 1(1), 6

F122

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1849, art. 3

F123

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1847, art. 3

F124

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1857, art. 3

F125

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1855, art. 3

F126

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1850, art. 3

F127

Words in entry in Sch. 1 omitted (1.4.1998) by S.I. 1997/1844, art. 3(a)

F128

Words in entry in Sch. 1 inserted (1.4.1998) by S.I. 1997/1844, art. 3(b)

Name of police area	Extent
Avon and Somerset	The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire
Bedfordshire	F350The non-metropolitan districts of Bedford, Central Bedfordshire and Luton
Cambridgeshire	The county of Cambridgeshire F121and the non-metropolitan district of Peterborough
Cheshire	F351The non-metropolitan districts of Cheshire East, Cheshire West and Chester, Halton and Warrington
Cleveland	The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees
Cumbria	The county of Cumbria
Derbyshire	The county of Derbyshire and the non-metropolitan district of Derby
Devon and Cornwall	The counties of Devon and Cornwall F122, the non-metropolitan districts of Plymouth and Torbayand the Isles of Scilly
Dorset	The county of Dorset and the non-metropolitan districts of Bournemouth and Poole
Durham	The county of Durham and the non-metropolitan district of Darlington
Essex	The county of Essex F123and the non-metropolitan districts of Southend-on-Sea and Thurrock
Gloucestershire	The county of Gloucestershire
Greater Manchester	The metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan
Hampshire	The counties of Hampshire and Isle of Wight and the non-metropolitan districts of Portsmouth and Southampton
Hertfordshire	The county of Hertfordshire
Humberside	The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire
Kent	The county of Kent F124and the non-metropolitan district of Medway Towns
Lancashire	The county of Lancashire F125and the non-metropolitan districts of Blackburn with Darwen and Blackpool
Leicestershire	The county of Leicestershire and the non-metropolitan districts of Leicester and Rutland
Lincolnshire	The county of Lincolnshire
Merseyside	The metropolitan districts of Knowsley, Liverpool, St. Helens, Sefton and Wirral
Norfolk	The county of Norfolk
Northamptonshire	The county of Northamptonshire
Northumbria	The county of Northumberland and the metropolitan districts of Gateshead, Newcastle upon Tyne, North Tyneside, South Tyneside and Sunderland
North Yorkshire	The county of North Yorkshire and the non-metropolitan district of York
Nottinghamshire	The county of Nottinghamshire F126and the non-metropolitan district of Nottingham
South Yorkshire	The metropolitan districts of Barnsley, Doncaster, Rotherham and Sheffield
Staffordshire	The county of Staffordshire and the non-metropolitan district of Stoke-on-Trent
Suffolk	The county of Suffolk
Surrey	The county of Surrey
Sussex	The counties of East Sussex and West Sussex and the non-metropolitan district of Brighton and Hove
Thames Valley	The counties of Berkshire, Buckinghamshire and Oxfordshire and the non-metropolitan district of Milton Keynes
Warwickshire	The county of Warwickshire
West Mercia	The counties of F127. . . Shropshire F128and Worcestershire and the non-metropolitan districts of Herefordshire and The Wrekin
West Midlands	The metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton
West Yorkshire	The metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield
Wiltshire	The county of Wiltshire and the non-metropolitan district of Thamesdown

Wales

Annotations:

Amendments (Textual)

F129

Word in entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(b); S.I. 1997/1377, art. 2(2)(i)

F130

Entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(c); S.I. 1997/1377, art. 2(2)(i)

F131

Words in entry in Sch. 1 substituted (25.6.1997) by 1997 c. 50, s. 129(d); S.I. 1997/1377, art. 2(2)(i)

Name of police area	Extent
Dyfed Powys	The counties of F129Ceredigion, Carmarthenshire, Pembrokeshire and Powys
Gwent	The county of Monmouthshire and the county boroughs of Blaenau Gwent, Caerphilly, Newport and Torfaen
North Wales	F130The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.
South Wales	The counties of Cardiff and Swansea and the county boroughs of Bridgend, Merthyr Tydfil, F131Neath Port Talbot, Rhondda, Cynon, Taff and the Vale of Glamorgan

F238SCHEDULE 2Police authorities established under section 3

Section 4

Annotations:

Amendments (Textual)

F238

Sch. 2 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 2; S.I. 2006/3364, art. 2(b) (with art. 3 and with S.I. 2006/3365, arts. 2, 4, 5)

the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;

g

the payment of remuneration and allowances to a member and the reimbursement of expenses.

Appointment of councillor members

c

eligibility for re-appointment;

d

the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

e

the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

f

the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committees

5

The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.

Consultation

6

Before making regulations under this Schedule the Secretary of State shall consult—

a

the Association of Police Authorities,

b

persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,

c

in the case of regulations that are not to apply to all police authorities established under section 3—

i

any police authority to which the regulations are to apply, and

ii

any relevant council in relation to such an authority,

and

d

such other persons as he thinks fit.

Supplementary

7

1

Regulations under this Schedule may make different provision for different police authorities.

2

Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

3

A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

8

1

For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for—

a

a county, or

b

a district comprised in an area for which there is no county council,

which constitutes, or is wholly within, the authority's police area.

2

For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area.

9

In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

F239SCHEDULE 2AThe Metropolitan police authority

Section 5C

Annotations:

Amendments (Textual)

F239

Sch. 2A substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 4; S.I. 2006/3364, art. 2(b) (with art. 3 and with S.I. 2006/3365, arts. 3, 5)

2

Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London.

Appointment of other members

3

1

Regulations under paragraph 1 shall provide that—

a

one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and

b

the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel.

2

c

eligibility for re-appointment;

d

the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

e

the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

f

the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committees

5

The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority's standards committee.

Consultation

6

Before making any regulations under this Schedule, the Secretary of State shall consult—

a

the Metropolitan Police Authority,

b

the Association of Police Authorities,

c

the Greater London Authority,

d

persons whom he considers to represent the interests of London boroughs, and

e

such other persons as he thinks fit.

Supplementary

7

1

Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

2

A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

8

In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

F235SCHEDULE 3 Police authorities: selection of independent members

Section 4.

Annotations:

Amendments (Textual)

F235

Sch. 3 repealed (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 6, Sch. 15 Pt. 1(B); S.I. 2006/3364, art. 2(b)(l) (with art. 3)

F235 Selection panels

F2351

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2354

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F2355

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F2356

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2357

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235 Functions of selection panel

F2358

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2359

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23510

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F23511

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235 Secretary of State’s short-list

F23512

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23513

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23514

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236SCHEDULE 3APolice authorities: selection of lay justice members

Annotations:

Amendments (Textual)

F236

Sch. 3A repealed (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 6, Sch. 15 Pt. 1(B); S.I. 2006/3364, art. 2(b)(l) (with art. 3)

F236Lay justice selection panels

F2361

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236Lay justice selection panels

F2362

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236Lay justice selection panels

F2363

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236Functions of lay justice selection panels

F2364

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236Functions of lay justice selection panels

F2365

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236Procedure if too few candidates short-listed

F2366

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141SCHEDULE 4 Form of Declaration

Annotations:

Amendments (Textual)

F141

Sch. 4 substituted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 83, 108(2)-(5); S.I. 2002/2306, art. 2(f)(ii)

’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’

C39F244SCHEDULE 4AFurther provision about Her Majesty's Inspectors of Constabulary

Section 54

Annotations:

Amendments (Textual)

F244

Sch. 4A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 29(2), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)

Modifications etc. (not altering text)

C39

Sch. 4A modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(4)

Delegation of functions

h

the Audit Commission for Local Government and the National Health Service in England F319...,

i

the Auditor General for Wales, and

j

any other person or body specified by an order made by the Secretary of State,

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

3

The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

4

The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

5

Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

Inspections by other inspectors of organisations within remit of inspectors of constabulary

3

1

If—

a

a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

b

the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

2

The persons or bodies within this sub-paragraph are—

a

Her Majesty's Chief Inspector of Prisons;

b

Her Majesty's Chief Inspector of the Crown Prosecution Service;

c

F322Her Majesty’s Inspectorate of Probation for England and Wales ;

F354d

the Care Quality Commission;

e

the Audit Commission for Local Government and the National Health Service in England F321....

3

The Secretary of State may by order amend sub-paragraph (2).

4

In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

5

A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.

6

A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

7

The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

8

Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

9

The Secretary of State, if satisfied that the proposed inspection—

a

would not impose an unreasonable burden on the organisation in question, or

b

would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

10

The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

a

provision about the form of notices;

b

provision prescribing the period within which notices are to be given;

c

provision prescribing circumstances in which notices are, or are not, to be made public;

d

provision for revising or withdrawing notices;

e

provision for setting aside notices not validly given.

Co-operation

4

The inspectors of constabulary shall co-operate with—

a

Her Majesty's Chief Inspector of Prisons,

b

Her Majesty's Chief Inspector of the Crown Prosecution Service,

c

F324Her Majesty’s Inspectorate of Probation for England and Wales,

d

Her Majesty's Inspectorate of Court Administration,

e

Her Majesty's Chief Inspector of Education, Children's Services and Skills,

F355f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F356g

the Care Quality Commission,

h

the Audit Commission for Local Government and the National Health Service in England F323...,

i

the Auditor General for Wales, and

j

any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.

Joint action

5

1

The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions.

2

The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

a

what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

b

what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

3

The chief inspectors within this sub-paragraph are—

a

Her Majesty's Chief Inspector of Prisons;

b

Her Majesty's Chief Inspector of the Crown Prosecution Service;

c

F325Her Majesty’s Chief Inspector of Probation for England and Wales;

d

Her Majesty's Chief Inspector of Court Administration.

4

A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

5

Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

6

The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Assistance for other public authorities

6

1

The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

2

Assistance under this paragraph may be provided on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.

Orders under this Schedule

7

A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F144SCHEDULE 5 The Police Complaints Authority

Section 66.

Annotations:

Amendments (Textual)

F144

Sch. 5 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/913, art. 2(f)(iv)

F144 Constitution of Authority

F1441

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F144 Status of Authority

F1442

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F144 Members

F1443

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F1444

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F1445

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F144 Staff

F1446

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F1447

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F1448

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F144 Power of Authority to set up regional offices

F1449

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F144 Proceedings

F14410

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F14411

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F144 Finance

F14412

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F14413

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C14SCHEDULE 6 Appeals to police appeals tribunals

Section 85.

Annotations:

Modifications etc. (not altering text)

C14

Sch. 6 applied (1.4.1998) by 1997 c. 50, s. 82(2); S.I. 1998/354, art. 2(2)(ap)

Police appeals tribunals

1

In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—

a

one shall be a person chosen from a list of persons who F329satisfy the judicial-appointment eligibility condition on a 5-year basis and have been nominated by the Lord Chancellor for the purposes of this Schedule,

F344b

one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

c

one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.

2

The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

2 F3451

In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

a

one shall be a person chosen from the list referred to in paragraph 1(1)(a),

b

one shall be a senior officer,

c

one shall be a member of the relevant police authority, and

d

one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.

2

The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Notice of appeal

3

An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85.

Respondent

4

On any appeal the respondent shall be such person as may be prescribed by rules made under section 85.

Casting vote

5

Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing

F3466

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of orders

7 F3471

Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—

a

by way of substitution for the decision appealed against, and

b

as from the date of that decision.

2

Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.

3

Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Remuneration and expenses

8

Members of a police appeals tribunal shall be—

a

paid such remuneration, and

b

reimbursed for such expenses,

as the Secretary of State may determine.

Costs

9

1

An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the relevant police authority.

2

Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the relevant police authority.

Interpretation

10

In this Schedule—

a

“senior officer” means a member of a police force holding a rank above that of F132chief superintendent,

F348b

“the relevant police authority” means the police authority which maintains—

i

the police force of which the appellant is a member, or

ii

the police force for the area for which the appellant is appointed as a special constable,

as the case may be.

F349c

“appropriate staff association” means—

i

where the appellant was, immediately before the proceedings from which the appeal is brought, of the rank of chief superintendent or superintendent, the Police Superintendents' Association of England and Wales; and

ii

in any other case, the Police Federation of England and Wales.

SCHEDULE 7 Consequential amendments

Section 103.

Part I References to police authorities established under section 3 of Police Act 1964

1

In the provisions referred to in sub-paragraph (2), for “section 3 of the Police Act 1964", in each place where it occurs, there shall be substituted “ section 3 of the Police Act 1996 ”.

2

The provisions referred to in sub-paragraph (1) are—

a

section 11(4)(a) of, and paragraph 9(d) of Part II of Schedule 1 to, the M20Trustee Investments Act 1961;

b

sections 2(6) and 8(1) of the M21Local Government (Records) Act 1962;

c

section 11(2) of the M22Local Government Act 1966;

d

section 28(5)(a) of the M23Leasehold Reform Act 1967;

e

section 1(3) of the M24Local Government Grants (Social Need) Act 1969;

F133f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the definition of “public body" in section 1(4) of the M25Local Authorities (Goods and Services) Act 1970;

h

sections 98(1A), 99, 100J(1)(e) and (4)(a), 146A(1) and (1A), 223(2), 228(7A), 229(8), 231(4), 232(1A), 233(11) and 234(4) of, and paragraphs 6A(1), 6B(b) and 46 of Schedule 12 to, the M26Local Government Act 1972;

i

section 13(7)(f) of the M27Employment Agencies Act 1973;

j

section 25(1)(ca) of the M28Local Government Act 1974;

k

paragraph (a) of the definition of “local authority" in section 44(1) of the M29Local Government (Miscellaneous Provisions) Act 1976;

F134l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

m

section 5(3)(baa) of the M30Rent (Agriculture) Act 1976;

n

section 14(caa) of the M31Rent Act 1977;

F135o

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

p

paragraphs (a)(i) and (aa) of the definition of “local authority" in section 20(1) of the M32Local Government, Planning and Land Act 1980 and section 99(4)(dc) of, and paragraph 5C of Schedule 16 to, that Act;

q

paragraphs (a) and (b) of the definition of “local authority" in section 17(4) of the M33Acquisition of Land Act 1981;

r

section 33(9)(a) of, and paragraph (ca) of the definition of “local authority" in section 41(13) of, the M34Local Government (Miscellaneous Provisions) Act 1982;

F136s

. . .

t

paragraph 7(1)(ba) of Schedule 1 to the M35Stock Transfer Act 1982;

u

the definition of “local authority" in section 60(3) of the M36County Courts Act 1984;

v

section 4(e) of the M37Housing Act 1985;

w

the definition of “local authority" in section 106(1) of the M38Housing Associations Act 1985;

x

the definition of “local authority" in section 38 of the M39Landlord and Tenant Act 1985;

y

sections 6(2)(a) and 9(1)(a) of the M40Local Government Act 1986;

z

section 58(1)(a) of the M41Landlord and Tenant Act 1987;

za

section 1(1)(e) of, and Schedule 2 to, the M42Local Government Act 1988;

zb

sections 111(2)(e) and 112(2)(a) of the M43Local Government Finance Act 1988;

zc

paragraph 12(2)(g) of Schedule 1 to the M44Housing Act 1988;

zd

sections 5(1), 21(1)(g), F142... 67(3)(i), 101(3)(ea), 155(4)(ea) and 157(6)(g) of the M45Local Government and Housing Act 1989;

ze

the definition of “local authority" in section 252(12) of the M46Town and Country Planning Act 1990;

zf

sections 19(3)(c), 39(1)(b) F137. . .of the M47Local Government Finance Act 1992.

Part II Other consequential amendments

Pedlars Act 1871 (c. 96)

2

In section 5 of the Pedlars Act 1871, in paragraph 1 for “of the police district” there shall be substituted “ for the police area ”.

3

In section 8 of that Act—

a

for “police district” there shall be substituted “ police area ”, and

b

for “such district” there shall be substituted “ the area ”.

4

In section 9 of that Act for “police district”, in both places where it occurs, there shall be substituted “ police area ”.

5

In section 21 of that Act for “district” there shall be substituted “ police area ”.

6

In Schedule 2 to that Act for “police district” in each place where it occurs in Form A and Form B there shall be substituted “ police area ”.

Parks Regulation Act 1872 (c. 15)

7

In section 7 of the Parks Regulation Act 1872 for “police district” there shall be substituted “ police area ”.

8

In section 8 of that Act for “of the district” there shall be substituted “ for the police area ”.

for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

c

for “any other district” there shall be substituted “ any other police area ”.

Local Government Act 1958 (c. 55)

12

In section 60(2) of the Local Government Act 1958 after “Part I of the Police Act 1964” there shall be inserted “ or section 32 of the Police Act 1996 ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

13

1

Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.

2

In subsection (1)—

a

for “section 35 of the Police Act 1964” there shall be substituted “ section 52 of the Police Act 1996 ”, and

b

in paragraph (a) for “section 17 of that Act” there shall be substituted “ section 28 of that Act ”.

3

In subsection (3) for “sections 35 and 17 of the Police Act 1964” there shall be substituted “ sections 52 and 28 of the Police Act 1996 ”.

Police (Scotland) Act 1967 (c. 77)

14

1

Section 26 of the Police (Scotland) Act 1967 shall be amended as follows.

2

In subsection (2)(i) for “section 47 of the Police Act 1964” there shall be substituted “ section 64 of the Police Act 1996 ”.

3

In subsection (9) for the words from “other than” to “1980” there shall be substituted “ other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 ”.

15

In section 39(4) of that Act, for “or section 141 of the Criminal Justice and Public Order Act 1994” there shall be substituted “ or section 98 of the Police Act 1996 ”.

Firearms Act 1968 (c. 27)

16

In Schedule 1 to the Firearms Act 1968, in paragraph 5 for “section 51(1) of the Police Act 1964” there shall be substituted “ section 89(1) of the Police Act 1996 ”.

Police Act (Northern Ireland) 1970 (c. 9 (N.I.))

F13817

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions (Increase) Act 1971 (c. 56)

18

1

Schedule 2 to the Pensions (Increase) Act 1971 shall be amended as follows.

2

In paragraph 15—

a

in sub-paragraph (b) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”,

b

in sub-paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

c

in sub-paragraph (c) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

d

for sub-paragraph (d) there shall be substituted—

d
was engaged—
i
on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or
ii
on central service pursuant to section 38 of the Police (Scotland) Act 1967.

3

In paragraph 43, for sub-paragraph (b) there shall be substituted—

b
section 51 or 52 of the Police Act 1996;

4

In paragraph 51(a) for “section 10 of the Police Act 1964” there shall be substituted “ section 15 of the Police Act 1996 ”.

Superannuation Act 1972 (c. 11)

19

In section 15(5)(b) of the Superannuation Act 1972 for “section 34 or 35 of the Police Act 1964” there shall be substituted “ section 51 or 52 of the Police Act 1996 ”.

20

Schedule 1 to that Act shall continue to have effect with the following entry (originally inserted by paragraph 7(1) of Schedule 4 to the M48Police and Criminal Evidence Act 1984) in the list of “Other Bodies”— “ Police Complaints Authority ”.

Local Government Act 1972 (c. 70)

21

In section 94(5)(b) of the Local Government Act 1972 for “or paragraph 26 of Schedule 1B to the Police Act 1964" there shall be substituted “ or paragraph 25 of Schedule 2 to the Police Act 1996 ”.

Overseas Pensions Act 1973 (c. 21)

22

In section 2(2)(d)(i) of the Overseas Pensions Act 1973 for the words from “section 53C(1)(a), (c) or (e)” to “1980)” there shall be substituted “ section 97(1)(a), (e) or (g) of the Police Act 1996 (service under section 26 of the Police Act 1996, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980) ”.

Juries Act 1974 (c. 23)

F15023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)

24

In section 1(3) of the House of Commons Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

25

In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

26

In Schedule 3 to the Salmon and Freshwater Fisheries Act 1975, in Part III, in paragraph 39(1)(c) for “section 15 of the Police Act 1964” there shall be substituted “ section 25 of the Police Act 1996 ”.

Sex Discrimination Act 1975 (c. 65)

27

1

Section 17 of the Sex Discrimination Act 1975 shall be amended as follows.

2

In subsection (2) for “section 33, 34 or 35 of the Police Act 1964” there shall be substituted “ section 50, 51 or 52 of the Police Act 1996 ”.

3

In subsection (7) for “the Police Act 1964”, in each place where it occurs, there shall be substituted “ the Police Act 1996 ”.

4

In subsection (8)—

a

for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

b

for “sections 33, 34 and 35” there shall be substituted “ sections 50, 51 and 52 ”.

Police Pensions Act 1976 (c.35)

28

Section 1(1) of the M49Police Pensions Act 1976 shall continue to have effect with a reference to the Police Negotiating Board for the United Kingdom substituted for the reference to the Police Council for the United Kingdom (the substitution originally made by section 2(3) of the M50Police Negotiating Board Act 1980).

29

1

Section 7(2) of that Act shall be amended as follows.

2

In paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”.

3

In paragraph (bb) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”.

30

1

Section 11 of that Act (interpretation) shall be amended as follows.

2

In subsection (1)—

a

in paragraph (aa) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

b

in paragraph (ab) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”, and

c

for paragraph (c) there shall be substituted—

c
central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) section 38A of the Police (Scotland) Act 1967 have effect.

3

In subsection (2) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

4

In subsection (3) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

5

In subsection (5) for the definition of “central service” there shall be substituted—

“central service”—
a
means relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or
b
has the meaning given in section 38(5) of the Police (Scotland) Act 1967,
(as the case may require).

Race Relations Act 1976 (c. 74)

F13931

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation Act 1978 (c. 30)

32

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “police area” etc., for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Finance Act 1981 (c. 35)

33

In section 107(3)(k) of the Finance Act 1981 for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Police and Criminal Evidence Act 1984 (c. 60)

34

In section 5(1) of the Police and Criminal Evidence Act 1984 for paragraph (a) there shall be substituted—

a
under section 22 of the Police Act 1996; or

35

In section 50(2) of that Act for paragraph (a) there shall be substituted—

a
under section 22 of the Police Act 1996; or

36

In section 55(14) of that Act for paragraph (a) there shall be substituted—

a
under section 22 of the Police Act 1996; or

37

In section 64(6B) of that Act—

a

the definition of “chief officer of police” shall be omitted, and

b

in the definition of “the responsible chief officer of police” after “whose” there shall be inserted “ police ”.

38

In section 77(3) of that Act, in the definition of “police purposes”, for “section 64 of the Police Act 1964“ there shall be substituted “ section 101(2) of the Police Act 1996” ”.

Prosecution of Offences Act 1985 (c. 23)

39

In section 3(3) of the Prosecution of Offences Act 1985, in the definition of “police force”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Housing Act 1985 (c. 68)

40

In Schedule 1 to the Housing Act 1985, in paragraph 2(2), for “section 33 of the Police Act 1964” there shall be substituted “ section 50 of the Police Act 1996 ”.

Ministry of Defence Police Act 1987 (c. 4)

41

In section 1(2)(a) of the Ministry of Defence Police Act 1987 for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Football Spectators Act 1989 (c. 37)

42 F140

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aviation and Maritime Security Act 1990 (c. 31)

43

In section 22(4)(b)(i) of the Aviation and Maritime Security Act 1990 for “section 96(1) of the Police and Criminal Evidence Act 1984” there shall be substituted “ section 78(1) of the Police Act 1996 ”.

Local Government Act 1992 (c. 19)

44

In section 17(6) of the Local Government Act 1992 for “at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994” there shall be substituted “ on 1st April 1995 ”.

Tribunals and Inquiries Act 1992 (c. 53)

45

In section 7 of the Tribunals and Inquiries Act 1992, in subsection (2), after “36(a),” there shall be inserted “ 36A, ”.

46

In Schedule 1 to that Act, in Part I, after paragraph 36 there shall be inserted—

Police
36A. An appeals tribunal constituted in accordance with Schedule 6 to the Police Act 1996 (c.00).

Criminal Appeal Act 1995 (c.35)

47

In section 22(2)(c) of the Criminal Appeal Act 1995 for “section 2 of the Police Act 1964” there shall be substituted “ section 2 of the Police Act 1996 ”.

SCHEDULE 8 Transitional provisions, savings etc.

Section 103.

Part I General Provisions

Continuity of the law

C151

1

The repeal (or revocation) and re-enactment of provisions in this Act does not affect the continuity of the law.

2

Any subordinate legislation made or other thing done, or having effect as if done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

3

Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

a

to any provision of this Act, or

b

to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—

i

to that corresponding provision, or

ii

to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

4

Any reference (express or implied) in any enactment or in any instrument or document—

a

to any provision repealed and re-enacted by this Act, or

b

to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

i

to that corresponding provision, or

ii

to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

5

Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

6

Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the M51Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

7

This paragraph is to be read subject to the provisions of any order made under section 104 or under paragraph 11 below.

General saving for old transitional provisions and savings

2

The repeal by this Act of any provision of Part II of Schedule 4 to the M52Police and Criminal Evidence Act 1984, or any other transitional provision or saving relating to the coming into force of a provision reproduced in this Act, does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

3

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Use of existing forms, etc.

4

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.

Part II Provisions relating to particular enactments

Pedlars Act 1871

5

Any reference to a police district contained in—

a

an application for a pedlar’s certificate under the M53Pedlars Act 1871 made before the commencement of paragraphs 2 to 6 of Schedule 7 to this Act, or

b

a pedlar’s certificate granted under that Act before that commencement,

shall on and after that commencement be read as if it were a reference to the equivalent police area.

Savings relating to the Police Act 1964

6

Notwithstanding the repeal by this Act of subsection (4) of section 58 of the M54Police Act 1964 (provision made by regulations for chief constables affected by amalgamations or reorganisations not to be less favourable than that under the M55Police Pensions Act 1976), that subsection shall continue to have effect in relation to any person who was the chief constable of a police force on 1st July 1964 and became a member of another police force by virtue of that section.

7

Notwithstanding the repeal by this Act of subsection (4) of section 64 of that Act (power to make consequential amendments to local Acts by order), any local enactment which immediately before the coming into force of that repeal had effect with modifications by virtue of an order made under that subsection shall continue to have effect with those modifications.

Saving for transitional provisions under the Police and Magistrates’ Courts Act 1994

8

Without prejudice to the generality of paragraph 1(4) above, any transitional provision which—

a

is contained in an order made under section 94(1) of the M56Police and Magistrates’ Courts Act 1994, and

b

relates to the coming into force of a provision of that Act reproduced in this Act,

shall, in so far as it remains capable of having effect, continue to operate in relation to the corresponding provision of this Act.

Police areas

9

For the period beginning with the commencement of Schedule 1 to this Act and ending on 31st March 1997, that Schedule shall have effect as if—

a

for the entry in the second column opposite the name of the Bedfordshire police area there were substituted—

The county of Bedfordshire

b

for the entry in that column opposite the name of the Derbyshire police area there were substituted—

The county of Derbyshire

c

for the entry in that column opposite the name of the Dorset police area there were substituted—

The county of Dorset

d

for the entry in that column opposite the name of the Durham police area there were substituted—

The county of Durham

e

for the entry in that column opposite the name of the Hampshire police area there were substituted—

The counties of Hampshire and Isle of Wight

f

for the entry in that column opposite the name of the Leicestershire police area there were substituted—

The county of Leicestershire

g

for the entry in that column opposite the name of the Staffordshire police area there were substituted—

The county of Staffordshire

h

for the entry in that column opposite the name of the Sussex police area there were substituted—

The counties of East Sussex and West Sussex

i

for the entry in that column opposite the name of the Thames Valley police area there were substituted—

The counties of Berkshire, Buckinghamshire and Oxfordshire

j

for the entry in that column opposite the name of the Wiltshire police area there were substituted—

The county of Wiltshire

10

Notwithstanding the repeal by this Act of sections 21A and 21C of the M57Police Act 1964 (power to amend Welsh police areas in relation to the Welsh local government reorganisation), any order made under section 21A of that Act shall continue to have effect.

Part III Provisions relating to complaints and discipline

Modification of enactments pending commencement of new discipline procedures

P2 E611

1

Until such day as the Secretary of State may by order appoint, the provisions of this Act mentioned in sub-paragraphs (2) and (3) shall have effect subject to the modifications set out in those sub-paragraphs.

2

Section 59 shall have effect as if—

a

in subsection (2) for “proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the Police (Scotland) Act 1967” there were substituted “ disciplinary proceedings ”, and

b

in subsection (3) for “a police appeals tribunal” there were substituted “ the Secretary of State ”.

3

Section 91(1) shall have effect as if after “services” there were inserted “ or to commit breaches of discipline ”.

4

Subsections (3) to (5) of section 104 shall have effect in relation to an order under this paragraph as they have effect in relation to an order under that section.

Modification of section 81

12

Until such day as the Lord Chancellor may appoint under section 16(2) of the M58Civil Evidence Act 1995 (commencement orders) for the commencement of paragraph 9(3) of Schedule 1 to that Act, section 81 of this Act shall have effect as if for subsection (3) there were substituted—

3
In this section “document” has the same meaning as in Part I of the Civil Evidence Act 1968.

Saving for complaints procedures established for other bodies of constables

13

The coming into force of any provision of Part IV of this Act which re-enacts a provision of Part IX of the M59Police and Criminal Evidence Act 1984 (police complaints), as amended by the M60Police and Magistrates’ Courts Act 1994, shall not affect any procedures established by virtue of section 96 of the 1984 Act (constabularies maintained by authorities other than police authorities) before that provision comes into force.

E7SCHEDULE 9 Repeals and revocations

Section 103.

Annotations:

Extent Information

The repeals and revocations in Sch. 9 have the same extent as the enactments to which they refer, see s. 105(4)

Part I Repeals: general

Chapter	Short title	Extent of repeal
23 Geo. 5 c. 12.	Children and Young Persons Act 1933.	In section 107(1), in the definition of “Chief officer of police” the words “as regards England has the same meaning as in the Police Act 1964,”.
1964 c. 48.	The Police Act 1964.	The whole Act (except sections 37 and 60 to 65, Schedule 5 and the provisions of Schedule 9 other than the entry relating to the Children and Young Persons Act 1933).
1967 c. 77.	The Police (Scotland) Act 1967.	In Schedule 4, the paragraphs under the heading “The Police Act 1964”.
1971 c. 56.	Pensions (Increase) Act 1971.	In Schedule 2, in paragraph 51 the words “other than a local authority”.
1972 c. 39.	The Police Act 1972.	The whole Act.
1972 c. 70.	The Local Government Act 1972.	Section 196.
1976 c. 35.	The Police Pensions Act 1976.	In Schedule 2, paragraph 5.
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 1, paragraph 18. In Schedule 6, the entry headed “Police Act 1964”.
1980 c. 10.	The Police Negotiating Board Act 1980.	The whole Act.
1982 c. 48.	The Criminal Justice Act 1982.	In Schedule 3, the entry headed “the Police Act 1964”.
1984 c. 60.	The Police and Criminal Evidence Act 1984.	In section 64(6B), the definition of “chief officer of police” and the word “and” immediately after it. Sections 106, 109 and 112.
1988 c. 41.	The Local Government Finance Act 1988.	Sections 64(7)(e) and (f) and 144(4).
1989 c. 11.	The Police Officers (Central Service) Act 1989.	Sections 1 and 3. The Schedule.
1994 c. 29.	The Police and Magistrates Courts Act 1994.	Sections 1 to 26, 28, 29, 32, 34 to 38, 45 and 95.
		Schedules 1 to 3.
		In Schedule 4, paragraph 6.
		In Schedule 5, paragraphs 1 to 16, 21, 22, 24(b), 25 to 28, 31 to 34, 39(a) and 40(2).
		In Schedule 9, in Part I, the entries relating to sections 53(1), 60(1) and 60(2) of the Police Act 1964.
		In Schedule 9, in Part I, the entries relating to the Police and Criminal Evidence Act 1984 (except for the entries relating to section 108 of, and Schedules 4 and 6 to, that Act).
		In Schedule 9, in Part I, the entry relating to the Courts and Legal Services Act 1990.
1994 c. 33.	The Criminal Justice and Public Order Act 1994.	Section 141. Section 160(1). In Schedule 10, paragraphs 13, 14, 17 and 27.

Part II Repeals consequential on new discipline and complaints procedures

Chapter	Short title	Extent of repeal
1964 c. 48.	The Police Act 1964.	Section 37. Sections 60 to 62. Section 64 (except subsection (2)). Section 65(2) to (4). Schedule 5.
1984 c. 60.	The Police and Criminal Evidence Act 1984.	Section 67(8). Sections 83 to 105. Schedule 4.
1990 c. 41.	The Courts and Legal Services Act 1990.	In Schedule 10, paragraph 22.
1994 c. 29.	The Police and Magistrates’ Courts Act 1994.	In Schedule 5, in paragraph 24 the opening words and sub-paragraph (a). In Schedule 5, paragraphs 29, 30 and 36.

Part III Revocations

Number	Title	Extent of revocation
S.I. 1995/493	The Avon (Structural Change) Order 1995.	Article 13.
S.I. 1995/600	The Humberside (Structural Change) Order 1995.	Article 11.
S.I. 1995/610	The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995.	Article 12.
S.I. 1995/1747	The Cleveland (Further Provision) Order 1995.	Article 4.
S.I. 1995/1769	The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1770	The East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995.	Article 7.
S.I. 1995/1771	The Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1772	The Durham (Borough of Darlington) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1773	The Derbyshire (City of Derby) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1774	The Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1775	The Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1776	The Bedfordshire (Borough of Luton) (Structural Change) Order 1995.	Article 5.
S.I. 1995/1779	The Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995.	Article 7.
S.I. 1996/507	The Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996.	Article 5.

TABLE OF DERIVATIONS

1Notes:

This Table shows the derivation of the provisions of the Act.

2

The following abbreviations are used in the Table:—

1964	= Police Act 1964 (c.48)
1972	= Police Act 1972 (c.39)
1980	= Police Negotiating Board Act 1980 (c.10)
1984	= Police and Criminal Evidence Act 1984 (c.60)
1989	= Police Officers (Central Service) Act 1989 (c.11)
1994	= Police and Magistrates’ Courts Act 1994 (c.29)
1994 (c.33)	= Criminal Justice and Public Order Act 1994 (c.33)

Provision	Derivation
1(1)	1964 s.1(1); 1994 s.1(1) (part).
(2)	1964 s.1(2) (part); 1994 s.1(1) (part).
(3)	1964 s.1(3); 1994 s.1(1) (part)
2	1964 s.2; 1994 s.2 (part).
3	1964 s.3; 1994 s.2 (part).
4	1964 s.3A; 1994 s.3(1) (part).
5(1)	1964 s.3B(1); 1994 s.3(1) (part).
(2)	1964 s.3B(2) (part); 1994 s.3(1) (part).
(3)	1964 s.3B(3); 1994 s.3(1) (part).
6	1964 s.4; 1994 s.4 (part).
7	1964 s.4A; 1994 s.4 (part).
8	1964 s.4B; 1994 s.4 (part).
9	1964 s.4C; 1994 s.4 (part).
10	1964 s.5; 1994 s.5 (part).
11	1964 s.5A; 1994 s.5 (part).
12(1)	1964 s.6(1) (part); 1994 s.6 (part).
(2) to (6)	1964 s.6(2) to (6); 1994 s.6 (part).
13(1)	1964 s.7(1); 1994 s.7.
(2)	1964 s.6(1) (part); 1994 s.6 (part).
(3)	1964 s.7(2).
14	1964 s.8; 1994 s.8.
15	1964 s.10; 1994 s.10.
16	1964 s.10A; 1994 s.11 (part).
17	1964 s.10B; 1994 s.11 (part).
18	1964 s.8A; 1994 s.9.
19	1994 s.28.
20	1964 s.11; 1994 s.12.
21	1994 s.45; drafting.
22(1)	1964 s.12(1); 1994 Sch.5 para.1(1), (2).
(2)	1964 s.12(1A); 1994 Sch.5 para.1(1), (3).
(3)	1964 s.12(2).
(4)	1964 s.12(2A); 1994 Sch.5 para.1(1), (5).
(5)	1964 s.12(3).
(6)	1964 s.12(3A); 1994 Sch.5 para.1(1), (6).
(7)	1964 s.12(4).
23(1)	1964 s.13(1); 1994 Sch.5 para.2(1), (2).
(2) to (6)	1964 s.13(2) to (6).
(7)	1964 s.13(7); 1994 Sch.5 para.2(1), (3).
24	1964 s.14.
25	1964 s.15.
26	1964 s.15A; 1994 s.13.
27(1)	1964 s.16(1).
(2)	1964 s.16(2) (part).
28(1)	1964 s.17(1).
(2)	1964 s.17(2) (part).
(3), (4)	1964 s.17(3), (4).
29	1964 s.18.
30(1)	1964 s.19(1); 1994 (c.33) s.160(1) (part).
(2)	1964 s.19(2); 1994 (c.33) s.160(1) (part).
(3)	1964 s.19(3); Local Government Act 1972 (c.70) s.196(1), (5); 1994 Sch.5 para.4.
(4)	1964 s.19(4).
(5)	1964 s.19(5A); 1994 (c.33) s.160(1) (part).
(6)	1964 s.19(6) (part); drafting.
31	1964 s.20.
32	1964 s.21; 1994 s.14 (part).
33	1964 s.21B; 1994 s.14 (part).
34(1)	1964 s.21C(1) (part); 1994 s.14 (part).
(2)	1964 s.21C(2) (part); 1994 s.14 (part).
(3), (4)	1964 s.21C(3), (4); 1994 s.14 (part).
(5)	1964 s.21C(5) (part); 1994 s.14 (part).
35	1964 s.26(1).
36	1964 s.28; 1994 Sch.5 para.6.
37	1964 s.28A; 1994 s.15 (part).
38	1964 s.28B; 1994 s.15 (part).
39	1964 s.28C; 1994 s.15 (part).
40	1964 s.28D; 1994 s.15 (part).
41	1994 s.29.
42(1)	1964 s.29(1); 1994 Sch.5 para.7(1), (2).
(2)	1964 s.29(2); 1994 Sch.5 para.7(1), (3).
(3)	1964 s.29(3).
(4)	1964 s.29(4).
43	1964 s.29A; 1994 s.16.
44(1)	1964 s.30(1).
(2), (3)	1964 s.30(1A), (1B); 1994 Sch.5 para.8(1), (2).
(4)	1964 s.30(2); 1994 Sch.5 para.8(1), (3).
(5)	1964 s.30(3).
45	1964 s.54.
46	1964 s.31; 1994 s.17 (part).
47	1964 s.31A; 1994 s.17 (part).
48	1964 s.31B; 1994 s.17 (part).
49(1), (2)	1964 s.32(1), (2).
(3)	1964 s.32(3); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Local Government Act 1933 s.290(2), (3)).
(4), (5)	1964 s.32(4), (5).
50(1)	1964 s.33(1).
(2)	1964 s.33(2); 1994 s.18(1), (2).
(3)	1964 s.33(3); 1994 s.18(1), (3) (part).
(4)	1964 s.33(3A); 1994 s.18(1), (3) (part).
(5)	1964 s.33(4).
(6)	1964 s.33(4A); 1994 s.18(1), (4).
(7)	1964 s.33(5).
(8)	1964 s.33(6).
51	1964 s.34.
52	1964 s.35.
53	1964 s.36.
54(1)	1964 s.38(1).
(2)	1964 s.38(2); 1994 s.20(1), (2).
(3)	1964 s.38(3); 1994 s.20(1), (3).
(4), (5)	1964 s.38(4), (5).
55	1964 s.38A; 1994 s.21.
56(1)	1964 s.39(1); 1994 s.22 (part).
(2)	1964 s.39(1A); 1994 s.22 (part).
(3)	1964 s.39(2).
57	1964 s.41; 1994 s.23.
58	1964 s.42; 1994 Sch.5 para.9.
59(1)	1964 s.44(1); 1984 s.109(a).
(2)	1964 s.44(1A); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (2).
(3)	1964 s.44(1B); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (3).
(4)	1964 s.44(2) (part).
(5)	1964 s.44(2) (part); 1972 s.1(1), (2).
(6)	1964 s.44(2A); 1972 s.1(1), (3) (part).
(7)	1964 s.44(6) (part).
60(1)	1964 s.44(3) (part); 1984 s.109(c).
(2)	1964 s.44(3) (part); Police (Scotland) Act 1967 (c.77) Sch.4 (part); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Police Pensions Act 1948).
(3)	1964 s.44(4).
(4), (5)	1964 s.44(5).
(6)	1964 s.44(6) (part).
61(1)	1980 s.1(1); 1994 Sch.5 para.21(1), (2).
(2)	1980 s.1(2).
(3)	1980 s.1(3); 1994 Sch.5 para.21(1), (3).
(4)	1980 s.1(4) (part); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).
62(1), (2)	1980 s.2(1), (2).
(3)	1980 s.2(3) (part).
63(1), (2)	1964 s.46(1), (2).
(3)	1964 s.46(3); 1980 s.2(4); 1984 s.100(2).
64(1), (2)	1964 s.47(1).
(3) to (5)	1964 s.47(2) to (4).
65	“the appropriate authority”: 1984 s.84(4) (“the appropriate authority”). “the Authority” 1984 s.83(1) (part). “complaint”: 1984 s.84(4) (“complaint”). “disciplinary proceedings”: 1984 s.84(4) (“disciplinary proceedings”); 1994 Sch.5 para.24 (part). “investigating officer”: drafting. “senior officer”: 1984 s.84(4) (“senior officer”); 1994 Sch.5 para.24 (part). “serious injury”: 1984 s.87(4) (“serious injury”).
66(1)	1984 s.83(1) (part), Sch.4 para.2(1).
(2)	1984 s.83(2).
67(1) to (3)	1984 s.84(1) to (3).
(4), (5)	1984 s.84(5), (6).
68(1)	1984 s.86(1).
(2)	1984 s.86(2); 1994 Sch.5 para.26.
(3) to (6)	1984 s.86(3) to (6).
69(1), (2)	1984 s.85(1), (2).
(3)	1984 s.85(10); 1994 Sch.5 para.25(b).
(4)	1984 s.85(4).
(5)	1984 s.85(3).
(6) to (8)	1984 s.85(5) to (7).
(9)	1984 s.85(9).
70(1) to (3)	1984 s.87(1) to (3).
71(1)	1984 s.88 (part).
(2)	1984 s.88 (part); 1994 s.34.
72(1)	1984 s.89(1), (2).
(2), (3)	1984 s.89(3), (4).
(4), (5)	1984 s.89(5).
73(1) to (4)	1984 s.89(6) to (9).
(5)	1984 s.89(11).
(6)	1984 s.89(12); 1994 Sch.5 para.27.
(7), (8)	1984 s.89(13), (14).
(9)	1984 s.89(10).
74	1984 s.90(1).
75(1) to (3)	1984 s.90(2) to (4).
(4)	1984 s.90(5); 1994 s.35(1), (4).
(5)	1984 s.90(7); 1994 s.35(1), (6).
(6)	1984 s.90(9); 1994 s.35(1), (8).
(7)	1984 s.90(10) (part); 1994 s.35(1), (9).
76(1)	1984 s.93(1); 1994 s.36(1), (2).
(2)	1984 s.93(2) (part); 1994 s.36(1), (3).
(3)	1984 s.93(3); 1994 s.36(1), (4).
(4)	1984 s.93(4).
(5)	1984 s.93(5); 1994 s.36(1), (5).
(6)	1984 s.93(6); 1994 s.36(1), (6).
(7)	1984 s.93(7); 1994 s.36(1), (7).
77	1984 s.95; 1994 Sch.5 para.29.
78(1)	1984 s.96(1); 1994 Sch.5 para.30.
(2) to (4)	1984 s.96(2) to (4).
(5)	1984 s.96(5) (part).
(6), (7)	1984 s.96(6), (7).
79(1)	1984 s.97(1).
(2), (3)	1984 s.97(2).
(4)	1984 s.97(3).
(5), (6)	1984 s.97(5), (6).
80	1984 s.98.
81(1)	1984 s.99(1).
(2)	1984 s.99(2); 1994 Sch.5 para.31.
(3)	1984 s.118(1) (“document”); Civil Evidence Act 1995 (c.38) Sch.1 para.9(3).
82(1)	1984 s.100(1).
(2), (3)	1984 s.100(4), (5).
(4)	1984 s.100(6); 1994 Sch.5 para.32.
83(1)	1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2).
(2)	1984 s.105(2) (part).
(3)	1984 s.105(3) (part); 1994 Sch.5 para.34(1), (3).
(4), (5)	1984 s.105(4) (part), (5) (part).
84	1984 s.102; 1994 Sch.5 para.33.
85	1964 s.37; 1994 s.19(1).
86(1), (2)	1984 s.104(3), (4).
(3)	1984 s.84(4); 1994 Sch.5 para.24.
87(1)	1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2).
(2)	1984 s.105(2) to (5) (part); 1994 Sch.5 para.34(1), (3).
88(1) to (3)	1964 s.48(1) to (3).
(4)	1964 s.48(4) (part).
(5)	1964 s.48(4) (part); 1994 (c.33) Sch.10 para.13.
89(1)	1964 s.51(1); Criminal Law Act 1977 (c.45) ss.15(1), 30(1), (2), Sch.1 para.18; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1).
(2)	1964 s.51(3); Criminal Law Act 1977 (c.45) s.31, Sch.6; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1).
(3)	1964 s.51(4); 1994 (c.33) Sch.10 para.14.
90(1)	1964 s.52(1); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 39(2), 46(1), Sch.3.
(2)	1964 s.52(2); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1).
(3)	1964 s.52(3); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1).
(4)	1964 s.52(4).
91(1)	1964 s.53(1); Interpretation Act 1978 (c.30) Sch.1 (“statutory maximum”); Magistrates’ Courts Act 1980 (c.43) s.32(2); Criminal Justice Act 1988 (c.33) Sch.15 para.58(b).
(2)	1964 s.53(2).
92	1964 s.53A; 1994 s.24.
93	1964 s.53B; 1994 s.25.
94	1994 s.32.
95	1964 s.56; 1994 Sch.5 para.13.
96(1) to (4)	1984 s.106(1) to (4).
(5)	1984 s.106(5) to (7).
(6) to (10)	1984 s.106(8) to (12).
97(1)(a)	1964 s.53C(1)(a); 1994 s.26 (part).
(b)	1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part), Sch.5 para.10(1), (3).
(c)	1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part).
(d)	1964 s.43(3C); 1989 s.1(1) (part).
(e)	1964 s.53C(1)(c) (part); 1994 s.26 (part).
(f)	1964 s.53C(1)(d) (part); 1994 s.26 (part).
(g)	1964 s.53C(1)(e) (part); 1994 s.26 (part).
(2)	1964 ss.43(5) (part), 53C(2); 1994 s.26 (part).
(3)	1964 ss.43(3A) (part), 53C(3); 1989 s.1(1) (part); 1994 s.26 (part), Sch.5 para.10(1), (2).
(4) to (7)	1964 s.53C(4) to (7); 1994 s.26 (part).
(8)	1964 s.43(3A) (part); 1989 s.1(1) (part).
(9)	1964 s.43(3B); 1989 s.1(1) (part).
98(1) to (6)	1994 (c.33) s.141(1) to (6).
(7), (8)	1994 (c.33) s.141(7) (part).
(9)	1994 (c.33) s.141(8).
99	1984 s.112.
100(1)	1964 s.58(1); 1994 Sch.5 para.14(1), (2).
(2)	1964 s.58(2); 1994 Sch.5 para.14(1), (3).
(3)	1964 s.58(3).
(4)	1964 s.58(3A); 1994 Sch.5 para.14(1), (4).
(5)	1964 s.58(5) (part).
(6)	1964 s.58(7).
101(1)	1964 s.62; 1994 Sch.5 para.15.
(2)	1964 s.64(1).
102	1964 s.60(1); 1984 ss.96(5) (part), 100(3); 1994 s.94(8) (part).
103	Drafting.
104(1), (2)	Drafting.
(3), (4)	1994 s.94(4), (5).
(5)	1994 s.94(8).
105	Drafting.
106	Drafting.
Sch. 1	1964 Sch.1A; 1994 s.1(2), Sch.1; Avon (Structural Change) Order 1995 (S.I. 1995/493) Art.13; Humberside (Structural Change) Order 1995 (S.I. 1995/600) Art.11; North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 (S.I. 1995/610) Art.12; Cleveland (Further Provision) Order 1995 (S.I. 1995/1747) Art.4; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Art.5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Art.7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Art.5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Art.5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Art.5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Art.5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Art.5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Art.5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Art.7; Police Areas (Wales) Order 1995 (S.I. 1995/2864) Art.2; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Art.5.
Sch. 2
paras.1 to 26	1964 Sch.1B paras.1 to 6, 7 (part), 8 and 10 to 27; 1994 s.3(2), Sch.2 (part).
para.27	1964 s.27 (“magistrate”); Interpretation Act 1978 s.17(2)(a) (converts reference to Justices of the Peace Act 1949).
Sch. 3	1964 Sch.1C; 1994 s.3(2), Sch.2.
Sch. 4	1964 Sch.2.
Sch. 5
Para.1	1984 Sch.4 para. 1; 1994 Sch.5 para.36(1), (2).
Para.2	1984 Sch.4 para. 2(2).
Para.3	1984 Sch.4 para.3; 1994 Sch.5 para.36(1), (3).
Paras. 4 to 6	1984 Sch.4 paras.4 to 6.
Para.7	1984 Sch.4 para.7(2).
Paras.8 to 13.	1984 Sch.4 paras.8 to 13.
Sch. 6	1964 Sch.5; 1994 s.19(2), Sch.3.
Sch. 7
Paras.1 to 13	Drafting.
Para.14	Drafting; 1980 s.2(4).
Para.15	Drafting; 1994 (c.33) Sch.10 para.17.
Para.16	Drafting.
Para.17	Drafting; 1994 (c.33) Sch.10 para.27.
Paras.18, 19	Drafting.
Para.20	1984 Sch.4 para.7(1).
Paras.21 to 27	Drafting.
Para.28	1980 s.2(3) (part).
Paras.29 to 44	Drafting.
Paras.45, 46	1994 Sch.5 paras.39(a), 40(2).
Para.47	Drafting.
Sch. 8
Paras.1 to 8	Drafting.
Para.9	1964 Sch.1A; 1994 s.1(2), Sch.1; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Arts.1 and 5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Arts.1 and 7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Arts.1 and 5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Arts.1 and 5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Arts.1 and 5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Arts.1 and 5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Arts.1 and 5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Arts.1 and 5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Arts.1 and 7; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Arts.1 and 5.
Paras.10 to 12	Drafting.
Para.13	1994 s.38.
Sch. 9	Drafting; 1994 s.37.