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Police Act 1996

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Point in time view as at 30/09/2013.

Changes to legislation:

Police Act 1996, Part I is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IE+W+S Organisation of Police Forces

[F1Police areas and police forces]E+W

Textual Amendments

1 Police areas.E+W

(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, [F2section 45 of the Local Government (Democracy) (Wales) Act 2013,] [F3section 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, F4. . .

Textual Amendments

F5...E+W+S

Textual Amendments

2 Maintenance of police forces.E+W

[F6(1)]A police force shall be maintained for every police area for the time being listed in Schedule 1.

[F7(2)For further provision about the maintenance of those police forces, see Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act 2011.]

Textual Amendments

F83 Establishment of police authorities.E+W

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Textual Amendments

F84 Membership of police authorities etc.E+W

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Textual Amendments

F85 Reductions in size of police authorities.E+W

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Textual Amendments

F9...E+W

Textual Amendments

[F105A Maintenance of the metropolitan police force.E+W

[F11(1)] A police force shall be maintained for the metropolitan police district.

[F12(2)For further provision about the maintenance of the metropolitan police force, see Chapter 2 of Part 1 of the Police Reform and Social Responsibility Act 2011.]]

Textual Amendments

F10Ss. 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

F135B Establishment of the Metropolitan Police Authority.E+W

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Textual Amendments

F135C Membership etc of the Metropolitan Police Authority.E+W

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Textual Amendments

[F14The metropolitan police and forces outside London]E+W+S

Textual Amendments

F14Ss. 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

F136 General functions of police authorities.E+W

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Textual Amendments

[F15The City of London]E+W+S

Textual Amendments

[F166AZACommon Council to remain police authority for CityE+W+S

The Common Council of the City of London is to continue to be the police authority for the City of London police area.]

Textual Amendments

[F176ZAPower to confer particular functions on [F18the Common Council] E+W+S

(1)The Secretary of State may by order confer particular functions on [F19the Common Council].

(2)Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring [F20the Common Council]—

(a)to monitor the performance of [F21the City of London police force] 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 [F22the Common Council].

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

[F23(a)the Common Council,]

[F23(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

[F256ZBPlans by [F26the Common Council] E+W+S

(1)Before the beginning of each financial year [F27the Common Council] shall issue a plan (a “policing plan”) setting out—

(a)[F28the Common Council's] objectives (“policing objectives”) for the policing of [F29the City of London police area, and for the discharge by the City of London Police of its national or international functions] during that year; and

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

[F30(2)In issuing a policing plan, the Common Council must have regard to the strategic policing requirement issued under section 37A.]

(3)Before determining policing objectives, [F31 the Common Council ] shall—

(a)consult the [F32Commissioner of Police for the City of London], and

(b)consider any views obtained by [F33the Common Council] in accordance with arrangements made under section 96.

(4)A draft of a policing plan required to be issued by [F34the Common Council] under this section shall be prepared by the [F35Commissioner of Police for the City of London] and submitted by him to the [F36Common Council for] it to consider.

The [F37Common Council shall] consult the [F38Commissioner of Police for the City of London] 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—

[F39(a)the Common Council,]

[F39(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F40(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F41(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6ZCReports by [F42the Common Council] E+W+S

(1)The Secretary of State may by order require [F43the Common Council] to issue reports concerning the [F44discharge of the Common Council's functions].

(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—

[F45(a)the Common Council,]

[F45(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F46(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

F476A Three-year strategy plansE+W

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Textual Amendments

F487 Local policing objectives.E+W

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Textual Amendments

F498 Local policing plans.E+W

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Textual Amendments

F508ALocal policing summariesE+W+S

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Textual Amendments

F519 Annual reports by police authorities.E+W

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Textual Amendments

F509A General functions of the Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F509B Appointment of Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F509C Functions of Deputy Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F509D Appointment of Deputy Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F509E Removal of Commissioner or Deputy Commissioner.E+W

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Textual Amendments

F509F Assistant Commissioners of Police of the Metropolis.E+W

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Textual Amendments

F509FA Appointment and removal of Deputy Assistant CommissionersE+W

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Textual Amendments

F509G Commanders.E+W

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Textual Amendments

[F52 Police ranks ]E+W+S

Textual Amendments

[F539H Other members of the metropolitan police force.E+W

(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

[F54(ca)Deputy Assistant Commissioner of Police of the Metropolis, and]

(d)Commander,

those of [F55chief 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.]

Textual Amendments

F53S. 9H inserted (3.7.2000) by 1999 c. 29, s. 322 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F54S. 9H(2)(ca) substituted (1.1.2002) for word "and" by 2001 c. 16, s. 122(2); S.I. 2001/3736, art. 3(a)

F55Words in s. 9H(2) inserted (1.1.2002) by 2001 c. 16, s. 125(1); S.I. 2001/3736, art. 3(a)

F5610 General functions of chief constables.E+W

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Textual Amendments

F5611 Appointment and removal of chief constables.E+W

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Textual Amendments

F5611A Appointment and removal of deputy chief constablesE+W

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Textual Amendments

F5612 Assistant chief constables.E+W

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Textual Amendments

F5612A Power of deputy to exercise functions of chief constableE+W

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Textual Amendments

13 Other members of police forces.E+W

(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 [F57, deputy chief constable] and assistant chief constable, the ranks of [F58chief 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.

Textual Amendments

F57Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 123(2)(a); S.I. 2001/3736, art. 3(a)

F58Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 125(2); S.I. 2001/3736, art. 3(a)

F5914 Police fund.E+W

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Textual Amendments

F5915 Civilian employees.E+W

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Textual Amendments

F5916 Appointment of [F60chief executive].E+W

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Textual Amendments

F60Words in s. 16 heading substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 18(3); S.I. 2007/709, art. 3(c) (with art. 6)

F5917 Appointment of persons not employed by police authorities.E+W

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Textual Amendments

[F61City of London ]E+W+S

Textual Amendments

[F6218 Supply of goods and services.E+W

(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)—

F63(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F64shall,] 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 [F65, apply with the modification set out in subsection (2)].

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

[F66(3)[F67The Common Council in its capacity as police authority] may not enter into an agreement with [F68another local policing body] under section 1 of the 1970 Act in respect of a matter which could be the subject of [F69force collaboration provision in a collaboration agreement ].]]

Textual Amendments

F7019 Approval of decisions about precepts.E+W

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Textual Amendments

F7020 Questions on police matters at council meetings.E+W

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Textual Amendments

F7020A Questions on metropolitan police matters at London Assembly meetings.E+W+S

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Textual Amendments

F7021 Application of certain provisions to police authorities.E+W+S

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Textual Amendments

F71...E+W+S

Textual Amendments

22 Reports by chief constables to police authorities.E+W

(1)[F72The Commissioner of Police for the City of London] shall, as soon as possible after the end of each financial year, submit to the [F73Common Council] a general report on the policing during that year of [F74the City of London police area].

(2)[F75The chief constable] shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

(3)[F76The Commissioner of Police for the City of London] shall, whenever so required by the [F77Common Council], submit to [F78the Common Council] a report on such matters as may be specified in the requirement, being matters connected with the policing of the [F79City of London police area].

(4)A report submitted under subsection (3) shall be in such form as the [F80Common Council] may specify.

(5)If it appears to the [F81Commissioner of Police for the City of London] 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 [F82Common Council], he may request [F83the Common Council] 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 [F84Common Council] may arrange, or require the [F85chief officer] to arrange, for a report submitted under subsection (3) to be published in such manner as appears to [F86the Common Council] to be appropriate.

F87(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85Words in s. 22(1)(2)(3)(5)(6) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27, para. 79(2)-(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F88General provisions]E+W+S

Textual Amendments

[F8922ACollaboration agreementsE+W+S

(1)A collaboration agreement may be made by—

(a)two or more policing bodies; or

(b)the chief officers of police of one or more police forces and two or more policing bodies.

(2)A collaboration agreement is an agreement containing one or more of the following—

(a)provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b)provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c)provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3)A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a)the chief officer of police of each police force to which the provision relates, and

(b)the policing body that is responsible for maintaining each such police force.

(4)A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5)A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a)the policing body, or each policing body, to which the provision relates;

(b)the chief officer of police of the police force, or each police force, to which the provision relates; and

(c)the policing body that is responsible for maintaining each such police force.

(6)Subsection (1) does not prevent other persons from being parties to collaboration agreements.

(7)Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8)For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by members of that police force, or

(b)to the police area for which that police force is established.

(9)For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b)to the police area for which that policing body is established.

Textual Amendments

22BDuty of chief officers to keep collaboration agreements under reviewE+W+S

(1)The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a)that police force, and

(b)one or more other police forces.

(2)If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the chief officer, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

Textual Amendments

22CDuty of policing bodies to keep collaboration agreements under reviewE+W+S

(1)A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a)the efficiency or effectiveness of—

(i)that policing body,

(ii)the police force which that policing body is responsible for maintaining, or

(iii)that body and that force, and

(b)the efficiency or effectiveness of one or more other policing bodies and police forces.

(2)If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the policing body, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).]

Textual Amendments

[F9023 [F91Collaboration agreements involving police forces] E+W

F92(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F93Force collaboration provision may, in particular, consist of provision—]

(a)for the joint discharge of functions by members of police forces;

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

(c)for members of a police force to be provided to another force.

F94(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F95A collaboration agreement] may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

(5)A chief officer may make [F96a collaboration agreement] only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

F97(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

[F9023A[F98Collaboration agreements involving policing bodie]E+W

F99(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F100Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—]

(a)for support to be provided jointly by two or more [F101policing bodies];

(b)for support to be provided for two or more [F101policing bodies] or forces jointly;

(c)for [F102a policing body] to provide support to [F103another policing body] or to a force maintained by [F103another policing body].

(3)[F104 In relation to policing body collaboration provision, or policing body & force collaboration provision,] references to the provision of support include, in particular, the provision of—

(a)premises;

(b)equipment;

(c)staff;

(d)services;

(e)facilities.

F105(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F106A policing body may make a collaboration agreement] only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more [F107policing bodies] or police forces.

[F108(6)A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement).]

F109(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

[F11023AAForce collaboration provision about civilian employeesE+W+S

(1)This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by designated civilian employees of one police force (the “assisting force”) for the purposes of another police force (the “assisted force”).

(2)The force collaboration provision must specify—

(a)the functions which the designated civilian employees are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and

(b)any restrictions or conditions on that permission for the designated civilian employees to discharge those functions.

(3)The force collaboration provision must not permit the designated civilian employees to discharge functions for the purposes of the assisted force unless those employees are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.

(4)The force collaboration provision does not authorise the designated civilian employees to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).

(5)References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force include references to—

(a)the joint discharge of functions by the civilian employees and members of the assisted police force,

(b)the discharge of functions by the civilian employees in the assisted force's area, and

(c)the provision of the civilian employees to the assisted force.

(6)In this section—

  • “designated”, in relation to a civilian employee of a police force, means designated by the chief officer of police of that force by a section 38 designation;

  • “relevant section 38 designation”, in relation to a designated civilian employee, means the section 38 designation relating to the employee;

  • “section 38 designation” means a designation under section 38 of the Police Reform Act 2002.]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23BCollaboration agreements: paymentsE+W

(1)A collaboration agreement may provide for payments between [F111parties to the agreement].

(2)Provision under subsection (1) may [F112in the case of policing bodies or chief officers of police who are parties to the agreement], in particular—

(a)specify the [F113policing bodies or chief officers of police] by which and to which a payment is to be made or the manner in which those [F113policing bodies or chief officers of police] are to be determined;

(b)specify the amount of any payment or the manner in which it is to be determined.

(3)[F114A policing body or chief officer of police] must make any payments required by provision made under subsection (1).

F115(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23CCollaboration agreements: consultation and supplementalE+W

F116(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A collaboration agreement must be in writing.

(3)A collaboration agreement may make different provision for different cases or circumstances.

(4)A collaboration agreement may be varied by a subsequent collaboration agreement.

(5)A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

[F117(6)If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement.]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23DCollaboration agreements: accountabilityE+W

(1)Where a chief officer makes a [F118collaboration agreement], the [F119policing body] responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a)is acting under the terms of the agreement, and

(b)while so acting, is under the direction and control of the chief officer.

(2)Before [F120making a collaboration agreement to which a chief officer of police is to be a party, a policing body] must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3)When deciding what arrangements to make, the [F121policing body] shall, in particular, [F122make] arrangements for those functions to be discharged jointly with another [F121policing body] responsible for maintaining a force whose chief officer is a party to the agreement.

(4)The functions conferred on a [F123 policing body ] under this section do not affect any other function of holding a chief officer to account.

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23ECollaboration agreements: publicationE+W

(1)A person who makes a collaboration agreement must—

(a)publish the agreement, or

(b)publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2)[F124 In a case where information is notified to a chief officer of police under section 23D(2), that information] must be published by the chief officer with the information under subsection (1).

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23FCollaboration agreements: guidanceE+W

(1)The Secretary of State may give chief officers or [F125policing bodies] guidance about collaboration agreements or related matters.

(2)In discharging their functions, chief officers and [F125policing bodies] must have regard to the guidance.

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

[F12623FA Police functions that must be the subject of force collaboration provisionE+W+S

(1)The Secretary of State may, by order, require a specified police function to be exercised in relation to—

(a)all police areas, or

(b)all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2)An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—

(a)a single collaboration agreement which relates to all of those police areas, or

(b)a number of collaboration agreements which, between them, relate to all of those police areas.

(3)Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.

(4)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6)In this section “specified” means specified in an order under this section.]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23GCollaboration agreements: directionsE+W

(1)The Secretary of State may give chief officers or [F127policing bodies] directions about collaboration agreements or related matters.

(2)A direction may be given to—

(a)one or more chief officers;

(b)one or more [F127policing bodies]

(3)A person to whom a direction is given must comply with it.

(4)A direction may, in particular—

(a)require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b)require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(c)require two or more persons to consider making a collaboration agreement of a specified description;

(d)specify terms to be included, or not to be included, in collaboration agreements.

(5)A direction may relate to—

(a)a particular agreement,

(b)agreements of a particular description, or

(c)agreements in general.

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

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23HCollaboration agreements: termination by Secretary of StateE+W+S

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

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

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

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

[F12823HADecisions about efficiency or effectivenessE+W+S

In reaching a conclusion about whether or not a collaboration agreement is, or would be, in the interests of efficiency or effectiveness of one or more police forces (the “police forces under consideration”), a person must, in particular, consider—

(a)the existing collaboration agreements, and other arrangements for co-operation, to which the police forces under consideration are parties;

(b)the desirability of police forces taking a consistent approach in making such agreements and other arrangements; and

(c)the opportunities available to the police forces under consideration to make such agreements and other arrangements.]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23ICollaboration agreements: definitionsE+W

(1)This section has effect for the purposes of sections [F12922A] to 23H.

(2)“Police force” includes—

(a)the British Transport Police Force, and

(b)the Civil Nuclear Constabulary.

(3)“Chief officer” means—

(a)in relation to the British Transport Police Force, the Chief Constable of the force,

(b)in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(c)in relation to any other police force, the chief officer of police of that force.

(4)[F130“Policing body” means—]

[F130(aa)a local policing body,]

(a)the British Transport Police Authority, and

(b)the Civil Nuclear Police Authority.

[F131(5)The following expressions have the meanings given in section 22A—

  • “collaboration agreement”;

  • “force collaboration provision”;

  • “policing body collaboration provision”;

  • “policing body & force collaboration provision”.

(6)References to the police force which a policing body is responsible for maintaining include—

(a)in the case of the British Transport Police Authority, the British Transport Police, and

(b)in the case of the Civil Nuclear Police Authority, the Civil Nuclear Constabulary.

(7)References to a police force include—

(a)references to the special constables appointed by a chief officer of police, and

(b)references to the civilian employees of the police force;

and references to the members of a police force are to be read accordingly.

(8)For that purpose “civilian employee” means—

(a)in the case of a police force maintained under section 2 or 5A, the members of the civilian staff of that force;

(b)in the case of any other police force, the employees of the policing body responsible for maintaining that force who are under the direction and control of the chief officer of police of that force.]]

Textual Amendments

F90Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

24 Aid of one police force by another.E+W

(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 sections [F132sections 2 and 4 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)], be under the direction and control of the chief officer of police of that other force.

[F133(3A)While a member of the civilian staff of a police force maintained under section 2, or a member of the civilian staff of the metropolitan police force, is provided under this section for the assistance of another police force, that member of staff is, notwithstanding section 2 or 4 of the 2011 Act, under the direction and control of the chief officer of police of that other force.]

(4)The [F134local policing body] maintaining a police force for which assistance is provided under this section shall pay to the [F134local policing body] maintaining the force from which that assistance is provided such contribution as may be agreed upon between [F135those bodies] or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all [F136local policing bodies] generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

[F137(4A)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 [F138local policing body] , a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to [F139sections 2 and 4 of the 2011 Act shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.]

F140(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

25 Provision of special services.E+W+S

(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 [F141local policing body] of charges on such scales as may be determined by [F142that body].

[F143(1A)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 [F144British Transport Police Authority] of charges on such scales as may be determined by that Authority.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23

Modifications etc. (not altering text)

26 Provision of advice and assistance to international organisations etc.E+W

(1)Subject to the provisions of this section, a [F145local policing body] 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 [F146the body] or the chief officer of police for its area.

(2)The power conferred on a [F147local policing body] by subsection (1) includes a power to make arrangements under which a member of the police force maintained by [F148the body] 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 [F149local policing body] 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 [F149local policing body] may make charges for advice or assistance provided by it under this section.

F150(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The provisions of this section are without prejudice to the M1Police (Overseas Service) Act 1945 F151. . . .

Textual Amendments

Marginal Citations

M19 & 10 Geo. 6 c. 17.

27 Special constables.E+W

(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 [F152provision included in a [F153collaboration agreement] by virtue of section 23(4),] [F154section 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.

Textual Amendments

28 Police cadets.E+W

(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)[F155Accordingly], 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, [F156the chief officer of a police force] shall be treated as the employer of any police cadets undergoing training with the force.

F157(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29 Attestation of constables.E+W

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—

F158(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F159. . . before a justice of the peace having jurisdiction within the police area.

Textual Amendments

Modifications etc. (not altering text)

C3S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 24(3); S.I. 2004/1572, art. 3(g)

C4S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 25(3); S.I. 2004/1572, art. 3(h)

30 Jurisdiction of constables.E+W

(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.

[F160(2)A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]

F161(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F162(3A)A member of the British Transport Police Force who is for the time being required by virtue of [F163section 22A] to serve with a police force maintained by a [F164local policing body] shall have all the powers and privileges of a member of that police force.]

[F165(3B)Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a [F166collaboration agreement under section 22A], the member shall have all the powers and privileges of a member of that other force.

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

F167(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F162S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24

Modifications etc. (not altering text)

[F16831 Rewards for diligenceE+W

(1)The chief constable of a police force maintained under section 2 may grant to members of that police force rewards for exceptional diligence or other specially meritorious conduct.

(2)The Commissioner of Police of the Metropolis may grant to members of the metropolitan police force rewards for exceptional diligence or other specially meritorious conduct.

(3)The Common Council may, on the recommendation of the Commissioner of Police for the City of London, grant out of the City of London police fund to members of the City of London police force rewards for exceptional diligence or other specially meritorious conduct.]

Textual Amendments

Alteration of police areasE+W

32 Power to alter police areas by order.E+W

(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 [F169local policing body] for each of the areas F170... 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 [F171no police area falls partly in England and partly in Walesand 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.

F172(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33 Objections to alterations proposed by Secretary of State.E+W

(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 [F173local policing body] for every area F174... 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,

[F175(bb)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.

Textual Amendments

F175S. 33(1)(bb) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 85(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

34 Orders altering police areas: supplementary provisions.E+W

(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—

[F176(a)provision as to who is to be a police and crime commissioner;]

(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.

[F177(1A)Provision falling within subsection (1)(a) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.]

(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 M2London Government Act 1963 (extent of metropolitan police district), F178...

(b)to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order [F179and

(c)to apply (with or without modification) any provision of, or made under, Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011.]

[F180(2A)An order under section 32 which includes provision within subsection (1A)(b) may, in particular require the election in question to be held before the alteration of police areas takes effect.]

(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.

Textual Amendments

Marginal Citations

SupplementalE+W

35 The Scilly Isles.E+W

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.

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