England and Wales shall be divided into police areas.

References in Schedule 1 to any local government area are to that area as it is for the time being, F2. . .

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

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 ”.

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

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.

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

F3 Schedule 2 shall have effect in relation to police authorities established under section 3 and the appointment of their members.

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.

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.

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

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

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

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.

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

F11 Schedule 2A shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.

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.

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

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

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

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

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

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.

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

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.

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

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

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.

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

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

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

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.

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

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

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.

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

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

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

There shall be a Commissioner of Police of the Metropolis.

Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.

A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.

Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.

Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.

The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

There shall be a Deputy Commissioner of Police of the Metropolis.

Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.

A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.

Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.

The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis F34 in the interests of efficiency or effectiveness, to retire or to resign .

Where the Commissioner of Police of the Metropolis is called upon to F37 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.

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.

The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).

Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

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.

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

The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”).

Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis.

The ranks that may be held in the metropolitan police force shall include that of Commander.

Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

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

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.

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

In discharging his functions, every chief constable shall have regard F47to—

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.

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 F48 in the interests of efficiency or effectiveness, to retire or to resign .

A chief constable who is called upon to F51 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.

Every police force maintained under section 2 shall have F53one or more deputy chief constables.

The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.

Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable. F55but with the omission in subsection (3A)—

The ranks that may be held in a police force maintained under section 2 shall include that of assistant chief constable; and in every such police force there shall be at least one person holding that rank.

Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under section 50, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

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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).

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

The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.

The provisions of F65subsections (1) to (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.

The ranks that may be held in a police force maintained under section 2 shall be such as may be prescribed by regulations under section 50 and the ranks so prescribed shall include, in addition to chief constable F66, deputy chief constable and assistant chief constable, the ranks of F67chief superintendent superintendent, chief inspector, inspector, sergeant and constable.

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Appointments and promotions to any rank below that of assistant chief constable in any police force maintained under section 2 shall be made, in accordance with regulations under section 50, by the chief constable.

Each police authority established under section 3 shall keep a fund to be known as the police fund.

Subject to any regulations under thePolice Pensions Act 1976, all receipts of the police authority shall be paid into the police fund and all expenditure of the authority shall be paid out of that fund.

Accounts shall be kept by each police authority of payments made into or out of the police fund.

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

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.

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 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.

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

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

A police authority established under section 3 shall appoint a person to be the F74chief executive of the authority.

The Metropolitan Police Authority shall appoint a person to be the F76chief executive of the Metropolitan Police Authority.

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

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

Every relevant council shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of a police authority F81established under section 3 to be put by members of the council at a meeting of the council for answer by a person nominated by the authority for that purpose.

On being given reasonable notice by a relevant council of a meeting of that council at which questions on the discharge of the police authority’s functions are to be put, the police authority shall nominate one or more of its members to attend the meeting to answer those questions.

In this section “relevant council” has the same meaning as in Schedule 2.

The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.

On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.

Any relevant legislative provision which, immediately before 21st July 1994, applied to police authorities constituted in accordance with section 2 of the M7Police Act 1964 shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 above.

Every F83chief 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.

A F83chief officershall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

The F83chief 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.

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

If it appears to the F83chief 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.

The police authority may arrange, or require the F83chief officerto arrange, for a report submitted under subsection (3) to be published in such manner as appears to the authority to be appropriate.

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If it appears to the chief officers of police of two or more police forces that any police functions can more efficiently or effectively be discharged by members of those forces acting jointly, they may, with the approval of the police authorities which maintain those forces, make an agreement for that purpose.

If it appears to any two or more police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained by those authorities, they may make an agreement for that purpose.

Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in the absence of agreement, be determined by the Secretary of State.

An agreement under subsection (1) or (2) may be varied or determined by a subsequent agreement.

If it appears to the Secretary of State that an agreement should be made under subsection (1), (2) or (4), he may, after considering any representations made by the parties concerned, direct those parties to enter into such an agreement under those provisions as may be specified in the direction.

The provisions of this section shall not prejudice the power of a police authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of the authority’s functions.

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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.

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.

While a constable is provided under this section for the assistance of another police force he shall, notwithstanding F90sections 9A(1) and 10(1), be under the direction and control of the chief officer of police of that other force.

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.

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.

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.

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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.

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 F95British Transport Police Authority of charges on such scales as may be determined by that Authority.

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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.

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.

A consent or authorisation under subsection (3) may be given subject to such conditions as appear to the Secretary of State to be appropriate.

A police authority may make charges for advice or assistance provided by it under this section.

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The provisions of this section are without prejudice to the M8Police (Overseas Service) Act 1945 F97. . . .

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.

Subject to F98 section 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.

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.

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.

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.

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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.

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

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A member of the British Transport Police Force who is for the time being required by virtue of section 23 or 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.

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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.

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

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.

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The date specified under subsection (2)(c) shall fall after the end of the period of four months beginning with the date of the notice.

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.

No order shall be made under section 32 by virtue of subsection (3)(b) of that section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

An order to which subsection (3) applies, and which would apart from this subsection be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, shall proceed in that House as if it were not such an instrument.

A statutory instrument containing an order made under section 32 by virtue of subsection (3)(a) of that section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

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

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

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

Where F113a 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 F114to give effect to that priority.

A direction under this section may be given to all police authorities F115to which F116section 37A applies or to one or more particular authorities.

A direction given under this section may impose conditions with which the performance targets must conform, and different conditions may be imposed for different authorities.

The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

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

The Secretary of State may issue codes of practice relating to the discharge by police authorities established under section 3 F118and the Metropolitan Police Authority of any of their functions.

The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section.

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

If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.

The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the F120National Policing Improvement Agency to prepare a draft of the code or of the revisions; and the draft prepared by F121that Agency must contain all such matters as the Secretary of State may specify in the requirement.

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.

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.

Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

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

Where the Secretary of State is satisfied that a police authority is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority to take specified measures for the purpose of remedying the failure.

Where the Secretary of State is satisfied that a police authority will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority to take specified measures in order to prevent such a failure occurring.

The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the authority submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

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

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.

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

A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

The power of the Secretary of State to give directions under section 40 F125 or 40A to a police authority established under section 3 shall include power to direct the authority that the amount of its budget requirement for any financial year (under section 43 of the M10Local Government Finance Act 1992) shall not be less than an amount specified in the direction.

The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter F126IVA of Part I of the Local Government Finance Act 1992.

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.

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.

Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the notice to the Metropolitan Police Authority or other police authority concerned.

The Secretary of State shall consider any representations made to him under subsection (2).

F130Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

The entitlement of the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question to make representations shall include the entitlement to make them in person.

The costs incurred by a F132 the Commissioner, the Deputy Commissioner or a chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.

In this section a reference to the police authority concerned, in relation to a chief constable, is to the police authority which maintains the police force of which he is chief constable.

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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.

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

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

A police authority shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the discharge of the authority’s functions, or otherwise with the policing of its area, as may be specified in the requirement.

A requirement under subsection (1) may specify the form in which a report is to be given.

The Secretary of State may arrange, or require the police authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

The Secretary of State may require a F138chief officer of police of any police force to submit to him a report on such matters as may be specified in the requirement, being matters connected with the policing of the F138chief officer’spolice area.

A requirement under subsection (1) may specify the form in which a report is to be given.

The Secretary of State may arrange, or require the F138chief officer to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.

F138The 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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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.

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

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

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

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.

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.

Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

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

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

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

If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.

Subsections (7) and (8) of section 50 shall apply to regulations under this section.

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

Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.

The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

The Secretary of State shall not make any regulations under subsection (1A) unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales.

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

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

A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.

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

A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

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

Her Majesty may appoint such number of inspectors (to be known as Her Majesty’s Inspectors of Constabulary as the Secretary of State may with the consent of the Treasury determine, and of the persons so appointed one may be appointed as chief inspector of constabulary.

The inspectors of constabulary shall inspect, and report to the Secretary of State on the efficiency and effectiveness of, every police force maintained for a police area F163... F164... F165and the Central Training and Development Authority.

The inspectors of constabulary may inspect, and report to the Secretary of State on, a police authority’s compliance with the requirements of Part I of the Local Government Act 1999 (best value).

The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

Where the inspectors carry out an inspection under subsection (2B), they shall send a report on that inspection to the Secretary of State.

The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency and effectiveness as the Secretary of State may from time to time direct.

The chief inspector of constabulary shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.

The inspectors of constabulary shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.

Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.

Subject to subsection (2), the Secretary of State shall arrange for any report received by him under section 54(2) F172or (2A) to be published in such manner as appears to him to be appropriate.

The police authority shall invite the chief officer of police to submit comments on the published report to the authority before such date as it may specify.

The police authority F174. . .shall send a copy of any document published under subsection (5) to the Secretary of State.

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The Secretary of State may appoint assistant inspectors of constabulary.

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.

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.

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.

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.

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

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.

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).

The Secretary of State may by regulations make provision for requiring all police forces in England and Wales 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.

Regulations under this section relating to all police forces may also require the F179Serious 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 F180Agency for the Agency to do so.

The Secretary of State shall consult the F184 National Policing Improvement Agency before making regulations under this section relating to information technology.

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.

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.

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.

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.

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

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.

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.

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.

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

The council of a county, district, county borough F246London borough, parish or community may make grants to any police authority established under section 3 whose police area falls wholly or partly within the F246council’s area.

The council of a London borough, county, F247district or parish which falls wholly or partly within the metropolitan police district may make grants for police purposes to the F248Metropolitan Police Authority.

Grants under this section may be made unconditionally or, with the agreement of the chief officer of police for the police area concerned, subject to conditions.

This section applies to the Council of the Isles of Scilly as it applies to a county council.

A police authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as appear to the authority to be appropriate.

The terms on which gifts or loans are accepted under subsection (1) may include terms providing for the commercial sponsorship of any activity of the police authority or of the police force maintained by it.

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The Secretary of State may make grants to any police authority established under section 3 in respect of expenditure incurred (or to be incurred) by it at any time before the beginning of its first precepting year.

Without prejudice to any other powers to borrow, a police authority established under section 3 may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of meeting its expenditure before the beginning of its first precepting year.

The sums borrowed by an authority under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of its first precepting year.

For the purposes of this section the “first precepting year” of a police authority is the financial year in which revenue is first received by it as a result of a precept issued by it under Part I of the M15Local Government Finance Act 1992.

Except as provided by F253subsections (6), arrangements for each police area shall be made by the police authority after consulting the chief constable F254or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis, as to the arrangements that would be appropriate.

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The Common Council of the City of London shall issue guidance to the Commissioner of Police for the City of London concerning arrangements for the City of London police area; and the Commissioner shall make arrangements under this section after taking account of that guidance.

A body or person whose duty it is to make arrangements under this section shall review the arrangements so made from time to time.

If it appears to the Secretary of State that arrangements for a police area are not adequate for the purposes set out in subsection (1), he may require the body or person whose duty it is to make arrangements for that area to submit a report to him concerning the arrangements.

After considering a report submitted under subsection (8), the Secretary of State may require the body or person who submitted it to review the arrangements and submit a further report to him concerning them.

A body or person whose duty it is to make arrangements shall be under the same duties to consult when reviewing arrangements as when making them.

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.

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

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.

In its application to the Metropolitan Police Authority, F258 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.

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In its application to the Metropolitan Police Authority, F260section 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.

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.

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.

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

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.

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 M19Police (Overseas Service) Act 1945.

The Secretary of State shall be liable in respect of F287any 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 F288, in the case of a tort, be treated for all purposes as a joint tortfeasor.

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 F289Police Service of Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the F289Police Service of Northern Ireland to meet any special demand on its resources.

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 F290... the chief constable of the F289Police Service of Northern Ireland F291..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the F289Police Service of Northern Ireland F291... to meet any special demand on its resources.

The chief constable of the F289Police 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 F292..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force F292... to meet any special demand on its resources.

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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.

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In the application of this section to Scotland, any expression used in this section and in the M20Police (Scotland) Act 1967 shall have the same meaning in this section as in that Act.

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

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.

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.

If the chief constable of a police force which ceases to exist in consequence of an order under section 32 above F300or 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.

While a person is a member of a police force by virtue only of this section he shall hold the rank of assistant chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 10(1).

A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under section 50, cease to be a member of that force at the end of three months unless he has then accepted and taken up an appointment in that force.

If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.

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

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

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.

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

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

• section 21;

• F307section 25(1A);

• Part III;

• F308...

• 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).

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).

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.

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