- Latest available (Revised)
- Point in Time (28/03/2016)
- Original (As enacted)
Version Superseded: 31/01/2017
Point in time view as at 28/03/2016.
Police Act 1996, Cross Heading: General provisions is up to date with all changes known to be in force on or before 15 January 2025. 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.
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Textual Amendments
F1S. 22A cross-heading inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 22; S.I. 2011/3019, art. 3, Sch. 1
(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
F2Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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
F2Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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
F2Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F6Force 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.
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)[F8A 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 [F9a 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.
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F3Ss. 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)
F4S. 23 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(2); S.I. 2011/3019, art. 3, Sch. 1
F5S. 23(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(3); S.I. 2011/3019, art. 3, Sch. 1
F6Words in s. 23(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(4); S.I. 2011/3019, art. 3, Sch. 1
F7S. 23(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(5); S.I. 2011/3019, art. 3, Sch. 1
F8Words in s. 23(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(6); S.I. 2011/3019, art. 3, Sch. 1
F9Words in s. 23(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(7); S.I. 2011/3019, art. 3, Sch. 1
F10S. 23(6)(7)(8) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(8); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
F12(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F13Policing 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 [F14policing bodies];
(b)for support to be provided for two or more [F14policing bodies] or forces jointly;
(c)for [F15a policing body] to provide support to [F16another policing body] or to a force maintained by [F16another policing body].
(3)[F17 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.
F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[F19A 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 [F20policing bodies] or police forces.
[F21(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).]
F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Ss. 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)
F11S. 23A title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(2); S.I. 2011/3019, art. 3, Sch. 1
F12S. 23A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(3); S.I. 2011/3019, art. 3, Sch. 1
F13Words in s. 23A(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(a); S.I. 2011/3019, art. 3, Sch. 1
F14Words in s. 23A(2)(a)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(b); S.I. 2011/3019, art. 3, Sch. 1
F15Words in s. 23A(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(c)(i); S.I. 2011/3019, art. 3, Sch. 1
F16Words in s. 23A(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(c)(ii); S.I. 2011/3019, art. 3, Sch. 1
F17Words in s. 23A(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(5); S.I. 2011/3019, art. 3, Sch. 1
F18S. 23A(4) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(6); S.I. 2011/3019, art. 3, Sch. 1
F19Words in s. 23A(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(7)(a); S.I. 2011/3019, art. 3, Sch. 1
F20Words in s. 23A(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(7)(b); S.I. 2011/3019, art. 3, Sch. 1
F21S. 23A(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(8); S.I. 2011/3019, art. 3, Sch. 1
F22S. 23A(7) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(9); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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
F3Ss. 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)
F23S. 23AA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 13 para. 1; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(1)A collaboration agreement may provide for payments between [F24parties to the agreement].
(2)Provision under subsection (1) may [F25in the case of policing bodies or chief officers of police who are parties to the agreement], in particular—
(a)specify the [F26policing bodies or chief officers of police] by which and to which a payment is to be made or the manner in which those [F26policing 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)[F27A policing body or chief officer of police] must make any payments required by provision made under subsection (1).
F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Ss. 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)
F24Words in s. 23B(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(2); S.I. 2011/3019, art. 3, Sch. 1
F25Words in s. 23B(2) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F26Words in s. 23B(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(3)(b); S.I. 2011/3019, art. 3, Sch. 1
F27Words in s. 23B(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(4); S.I. 2011/3019, art. 3, Sch. 1
F28S. 23B(4)(5) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(5); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
F29(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.
[F30(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
F3Ss. 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)
F29S. 23C(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 5(2); S.I. 2011/3019, art. 3, Sch. 1
F30S. 23C(6) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 5(3); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(1)Where a chief officer makes a [F31collaboration agreement], the [F32policing 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 [F33making 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 [F34policing body] shall, in particular, [F35make] arrangements for those functions to be discharged jointly with another [F34policing body] responsible for maintaining a force whose chief officer is a party to the agreement.
(4)The functions conferred on a [F36 policing body ] under this section do not affect any other function of holding a chief officer to account.
Textual Amendments
F3Ss. 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)
F31Words in s. 23D(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F32Words in s. 23D(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F33Words in s. 23D(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(3); S.I. 2011/3019, art. 3, Sch. 1
F34Words in s. 23D(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(4)(a); S.I. 2011/3019, art. 3, Sch. 1
F35Word in s. 23D(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(4)(b); S.I. 2011/3019, art. 3, Sch. 1
F36Words in s. 23D(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(5); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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)[F37 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
F3Ss. 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)
F37Words in s. 23E(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 7; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(1)The Secretary of State may give chief officers or [F38policing bodies] guidance about collaboration agreements or related matters.
(2)In discharging their functions, chief officers and [F38policing bodies] must have regard to the guidance.
Textual Amendments
F3Ss. 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)
F38Words in s. 23F substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 8; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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
F3Ss. 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)
F39S. 23FA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(1)The Secretary of State may give chief officers or [F40policing 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 [F40policing 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
F3Ss. 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)
F40Words in s. 23G(1)(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 9; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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
F3Ss. 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)
Modifications etc. (not altering text)
C1Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
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
F3Ss. 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)
F41S. 23HA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 10; S.I. 2011/3019, art. 3, Sch. 1
(1)This section has effect for the purposes of sections [F4222A] 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)[F43“Policing body” means—]
[F43(aa)a local policing body,]
(a)the British Transport Police Authority, and
(b)the Civil Nuclear Police Authority.
[F44(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
F3Ss. 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)
F42Word in s. 23I(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(2); S.I. 2011/3019, art. 3, Sch. 1
F43Words in s. 23I(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(3); S.I. 2011/3019, art. 3, Sch. 1
F44Ss. 23I(5)-(8) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(4); S.I. 2011/3019, art. 3, Sch. 1
(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 [F45sections 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.
[F46(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 [F47local policing body] maintaining a police force for which assistance is provided under this section shall pay to the [F47local policing body] maintaining the force from which that assistance is provided such contribution as may be agreed upon between [F48those bodies] or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all [F49local policing bodies] generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.
[F50(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 [F51local policing body] , a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to [F52sections 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.]
F53(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F45Words in s. 24(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)
F46S. 24(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)
F47Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(a); S.I. 2011/3019, art. 3, Sch. 1
F48Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(b); S.I. 2011/3019, art. 3, Sch. 1
F49Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(c); S.I. 2011/3019, art. 3, Sch. 1
F50S. 24(4A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(4)(b)
F51Words in s. 24(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(5)(a); S.I. 2011/3019, art. 3, Sch. 1
F52Words in s. 24(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(5)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)
F53S. 24(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 70, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)
Modifications etc. (not altering text)
C2S. 24 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
C3S. 24(4): power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(a) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
(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 [F54local policing body] of charges on such scales as may be determined by [F55that body].
[F56(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 [F57British Transport Police Authority] of charges on such scales as may be determined by that Authority.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54Words in s. 25(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 24(a); S.I. 2011/3019, art. 3, Sch. 1
F55Words in s. 25(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 24(b); S.I. 2011/3019, art. 3, Sch. 1
F56S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23
F57Words in s. 25(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(1)(c)
Modifications etc. (not altering text)
C4S. 25 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
(1)Subject to the provisions of this section, a [F58local 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 [F59the body] or the chief officer of police for its area.
(2)The power conferred on a [F60local policing body] by subsection (1) includes a power to make arrangements under which a member of the police force maintained by [F61the 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 [F62local 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 [F62local policing body] may make charges for advice or assistance provided by it under this section.
F63(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The provisions of this section are without prejudice to the M1Police (Overseas Service) Act 1945 F64. . . .
Textual Amendments
F58Words in s. 26(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F59Words in s. 26(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F60Words in s. 26(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F61Words in s. 26(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(3)(b); S.I. 2011/3019, art. 3, Sch. 1
F62Words in s. 26(5)(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(4); S.I. 2011/3019, art. 3, Sch. 1
F63S. 26(7) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 81, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F64Words in s. 26(8) repealed (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2
Marginal Citations
M19 & 10 Geo. 6 c. 17.
(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 [F65provision included in a [F66collaboration agreement] by virtue of section 23(4),] [F67section 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
F65Words in s. 27(2) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 6; S.I. 2010/507, art. 4(c)
F66Words in s. 27(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 26; S.I. 2011/3019, art. 3, Sch. 1
F67Words in s. 27(2) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 23; S.I. 2007/709, art. 3(c) (with art. 6)
(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)[F68Accordingly], 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, [F69the chief officer of a police force] shall be treated as the employer of any police cadets undergoing training with the force.
F70(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F68Word in s. 28(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 27(a); S.I. 2011/3019, art. 3, Sch. 1
F69Words in s. 28(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 27(b); S.I. 2011/3019, art. 3, Sch. 1
F70S. 28(4) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 82, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
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—
F71(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F72. . . before a justice of the peace having jurisdiction within the police area.
Textual Amendments
F71S. 29(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F72Words in s. 29(b) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
Modifications etc. (not altering text)
C5S. 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)
C6S. 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)
C7S. 29 applied (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 51(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
(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.
[F73(2)A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]
F74(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F75(3A)A member of the British Transport Police Force who is for the time being required by virtue of [F76section 22A] to serve with a police force maintained by a [F77local policing body] shall have all the powers and privileges of a member of that police force.]
[F78(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 [F79collaboration 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.]
F80(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
F73S. 30(2) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(2); S.I. 2007/709, art. 3(c) (with art. 6)
F74S. 30(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)
F75S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24
F76Words in s. 30(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F77Words in s. 30(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F78S. 30(3B)(3C) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 7(b); S.I. 2010/507, art. 4(c)
F79Words in s. 30(3B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(3); S.I. 2011/3019, art. 3, Sch. 1
F80S. 30(4) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)
Modifications etc. (not altering text)
C8S. 30 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
(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
F81S. 31 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 29; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 11)
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