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, F99section 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

F83 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, F67and

b

the councils which are relevant councils in relation to the authority for the purposes of Schedule 2, F68...

F68c

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

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)
F4

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; F69and

b

the Metropolitan Police Authority; F70...

F70c

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

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

F84 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

a

F97 shall secure the maintenance of an efficient and effective police force for its areaF98, 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 F74strategic priorities determined by the Secretary of State under section 37A,

b

any objectives determined by the authority F106 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

F107d

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.

F1054

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

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

6ZAF81Power 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.

6ZBF100Plans 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.

F1016A Three-year strategy plans

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

F1027 Local policing objectives.

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

F1038 Local policing plans.

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

8AF71Local 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—

F86a

the Association of Police Authorities;

F86b

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.

F1049 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.

2

In discharging his functions, the Commissioner of Police of the Metropolis shall have regard F108 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

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

3

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

4

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

5

Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—

a

any recommendations made to him by the Metropolitan Police Authority; and

b

any representations made to him by the Mayor of London.

6

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

9CF8 Functions of Deputy Commissioner of Police of the Metropolis.

1

The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

a

during any absence, incapacity or suspension from duty of the Commissioner,

b

during any vacancy in the office of the Commissioner, or

c

at any other time, with the consent of the Commissioner.

2

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.

3

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.

9DF9 Appointment of Deputy Commissioner of Police of the Metropolis.

1

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

2

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

3

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

4

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

5

Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—

a

any recommendations made to him by the Metropolitan Police Authority; and

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 F57 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 F58

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.

F562A

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 F59 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.

9FF11 Assistant Commissioners of Police of the Metropolis.

1

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

2

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.

3

Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis F60but with the omission in subsection (2A)—

a

of paragraph (b);

b

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

c

of the words after paragraph (c).

4

Subsection (3) is without prejudice to—

a

any regulations under section 50, or

b

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.

9FAF12 Appointment and removal of Deputy Assistant Commissioners

1

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”).

2

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.

3

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.

F613A

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

it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or

b

having been notified by the Secretary of State that he is proposing to consider whether to require the police 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 a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).

4

Subsection (3) of this section is without prejudice to—

a

any regulations under section 50, or

b

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

9GF13 Commanders.

1

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

2

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.

3

Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis F62but with the omission in subsection (2A)—

a

of paragraph (b);

b

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

c

of the words after paragraph (c).

4

Subsection (3) is without prejudice to—

a

any regulations under section 50, or

b

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.

C11

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

2

In discharging his functions, every chief constable shall have regard F109to—

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 F50 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 F52

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.

F493A

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

it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or

b

having been notified by the Secretary of State that he is proposing to consider whether to require the police 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 a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).

4

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.

11AF17 Appointment and removal of deputy chief constables

1

Every police force maintained under section 2 shall have F75one or more deputy chief constables.

F762

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.

2A

Where the police authority responsible for maintaining a police force—

a

proposes to increase the number of deputy chief constables that the force has, or

b

proposes to appoint a particular person to be a deputy chief constable,

it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.

3

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.F53but with the omission in subsection (3A)—

a

of paragraph (b);

b

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

c

of the words after paragraph (c).

12 Assistant chief constables.

1

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.

2

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.

3

Subsections (2) F54 to (4) of section 11 shall apply to an assistant chief constable as they apply to a chief constable. F55but with the omission in subsection (3A) —

a

of paragraph (b);

b

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

c

of the words after paragraph (c).

F184

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

F195

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

F206

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

12AF21 Power of deputy to exercise functions of chief constable

1

F78The 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.

F771A

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.

F792

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;

or

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

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

3

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

4

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.

5

The provisions of F80subsections (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.

13 Other members of police forces.

1

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 F22, deputy chief constable and assistant chief constable, the ranks of F23chief superintendent superintendent, chief inspector, inspector, sergeant and constable.

2

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

3

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.

14 Police fund.

1

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

2

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.

3

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

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.

F872

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.

F883

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

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.

16C2 Appointment of F85chief executive.

F261

A police authority established under section 3 shall appoint a person to be the F89chief executive of the authority.

F272

The Metropolitan Police Authority shall appoint a person to be the F90chief 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.

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) F82 who are members of a relevant council as defined in paragraph 8 of Schedule 2 .

20 Questions on police matters at council meetings.

1

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 F31established 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.

2

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.

3

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

20AF32 Questions on metropolitan police matters at London Assembly meetings.

1

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.

2

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.

21 Application of certain provisions to police authorities.

1

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.

2

Subsection (1) is subject to any provision to the contrary made—

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

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

C523 Collaboration agreements.

1

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.

2

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.

3

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.

4

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

5

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.

F366

In subsection (1)—

a

the reference to members of a police force includes a reference to special constables appointed for the area for which that force is maintained, and

b

the reference to police functions includes a reference to functions with respect to training and the provision of opportunities for professional development.

7

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.

F377A

For the purposes of this section—

a

the British Transport Police Force shall be treated as if it were a police force,

b

the Chief Constable of that Force shall be treated as if he were the chief officer of police of that Force,

c

police functions” shall include the functions of the British Transport Police Force, and

F63d

the British Transport Police Authority shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1), (2), (3), and (7).

F667B

For the purposes of this section—

a

the Civil Nuclear Constabulary shall be treated as if it were a police force;

b

the chief constable of the Civil Nuclear Constabulary shall be treated as if he were the chief officer of police of that Constabulary;

c

“police functions” shall include the functions of the Civil Nuclear Constabulary; and

d

the Civil Nuclear Police Authority shall be treated as if it were a police authority.

F728

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

C624 Aid of one police force by another.

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 F92sections 9A(1) and 10(1), be under the direction and control of the chief officer of police of that other force.

F913A

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.

F644A

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.

F735

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

C725 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.

F381A

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 F65British 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.

F397

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

8

The provisions of this section are without prejudice to the M8Police (Overseas Service) Act 1945 F40. . . .

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 F93 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.

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.

F414

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

C3C4C929 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—

F42a

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

b

F43. . . before a justice of the peace having jurisdiction within the police area.

C830 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.

F942

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

F953

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

F443A

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.

F964

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

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 F45. . . 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.

F465

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

33 Objections to alterations proposed by Secretary of State.

1

Before making an order under section 32 by virtue of subsection (3)(b) of that section, the Secretary of State shall give notice of his proposal to—

a

the police authority for every area F47. . . that he proposes to alter,

b

the council of every county, district, county borough or London borough wholly or partly within any area (other than the metropolitan police district) that he proposes to alter,

F48bb

the Greater London Authority, if he proposes to alter the metropolitan police district,

c

the council of every London borough, county or district all or part of which would under the proposal be brought into or left out of the metropolitan police district, and

d

such other persons as he considers appropriate.

2

A notice under subsection (1) shall—

a

specify the proposed alterations and describe the general nature of any related provisions proposed to be included in the order,

b

set out the Secretary of State’s reasons for proposing the alterations, and

c

specify a date before which any objections to the proposals are to be delivered to the Secretary of State.

3

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.

4

Where objections have been duly delivered to the Secretary of State by a person notified under subsection (1), the Secretary of State shall before making the order under section 32—

a

consider the objections, and

b

give to that person a further notice stating whether he accepts the objections and, if he does not, giving his reasons.

5

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

b

to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order.

3

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.

4

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.

5

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.

Supplemental

35 The Scilly Isles.

For the purposes of the application of this Part to the Isles of Scilly—

a

the Isles shall be treated as if they were a county, and

b

references to the council of a county shall be construed as references to the Council of the Isles.