Police Act 1996

Functions of Secretary of State E+W

36 General duty of Secretary of State. E+W

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

(2) The provisions of this Act mentioned in subsection (1) are—

(a) Part I;

(b) this Part;

(c) Part III F1 ...;

(d) in Chapter II of Part IV, [F2 sections 84 and 85] and Schedule 6; and

(e) in Part V, section 95.

Textual Amendments

F1 Words in s. 36(2)(c) omitted (1.9.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 87 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(f)(ii)

F2 Words in s. 36(2)(d) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 2; S.I. 2008/2712, art. 2, Sch. para. 16(a)

F3 36A National Policing Plan E+W

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

Textual Amendments

F3 S. 36A repealed (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 24, Sch. 15 Pt. 1(B)

F4 37 Setting of objectives for police authorities. E+W

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

Textual Amendments

F4 S. 37 repealed (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 24, Sch. 15 Pt. 1(B)

[F5 37A The strategic policing requirement E+W

(1) The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—

(a) national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those national threats.

(2) A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3) Before issuing the strategic policing requirement, the Secretary of State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii) such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks fit.

(4) The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5) References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways to counter that threat, or

(c) to exercise one or more functions in accordance with common operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  the City of London police force;

• “national threat” means a threat (whether actual or prospective) which is—

  (a)

  a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or

  (b)

  a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.]

Textual Amendments

F5 S. 37A substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 77, 157(1); S.I. 2012/1129, art. 2(c)

F6 38 Setting of performance targets. E+W

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

Textual Amendments

F6 S. 38 omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(a), 157(1); S.I. 2012/2892, art. 2(a)

F7 39 Codes of practice. E+W

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

Textual Amendments

F7 S. 39 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(2))

[F8 39A Codes of practice for chief officers E+W

[F9 (1) The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge of their functions by chief officers of police if the College considers that—

(a) it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,

(b) it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations, or

(c) it is for any other reason in the national interest to do so.]

(2) [F10 The College of Policing may, with the approval of the Secretary of State,] from time to time revise the whole or any part of a code of practice issued under this section.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (4) The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this section.]

(5) The Secretary of State shall lay any code of practice issued by [F13 the College of Policing] under this section, and any revision of any such code, before Parliament.

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

(a) would be against the interests of national security;

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

(c) could jeopardise the safety of any person.

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

Textual Amendments

F8 S. 39A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 2, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F9 S. 39A(1) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 124(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F10 Words in s. 39A(2) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 124(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F11 S. 39A(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(2); S.I. 2011/3019, art. 3, Sch. 1

F12 S. 39A(4) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 124(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F13 Words in s. 39A(5) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 124(5), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

[F14 40 Power to give directions in relation to police force E+W

(1) Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F15 local policing body] responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

(2) Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F15 local policing body] responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

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

(4) The Secretary of State shall not give a direction under this section in relation to any police force unless—

(a) the [F15 local policing body] responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) that [F15 local policing body] and chief officer have each been given an opportunity of making representations about those grounds;

(c) that [F15 local policing body] and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(5) Subsection (4) does not apply if the Secretary of State is satisfied that—

(a) the [F15 local policing body] responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b) the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and

(c) they have each had a reasonable opportunity to take such measures.

(6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b) an opportunity of making written observations about those grounds.

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

(7) A [F15 local policing body] that is given a direction under this section shall comply with it.

Textual Amendments

F14 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F15 Words in s. 40 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 Ss. 40-40B: 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)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

40A Power to give directions in relation to [F16 local policing body] E+W

(1) Where the Secretary of State is satisfied that a [F16 local policing body] is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F16 local policing body] to take specified measures for the purpose of remedying the failure.

(2) Where the Secretary of State is satisfied that a [F16 local policing body] will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F16 local policing body] to take specified measures in order to prevent such a failure occurring.

(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which [F17 the local policing body] submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4) The Secretary of State shall not give a direction under this section in relation to a [F16 local policing body] unless—

(a) the [F16 local policing body] has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;

(b) the [F16 local policing body] has been given an opportunity of making representations about those grounds;

(c) the [F16 local policing body] has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(5) Subsection (4) does not apply if the Secretary of State is satisfied that—

(a) the [F16 local policing body] has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b) the information [F17 the local policing body] had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and

(c) [F17 the local policing body] has had a reasonable opportunity to take such measures.

(6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b) an opportunity of making written observations about those grounds.

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

(7) A [F16 local policing body] that is given a direction under this section shall comply with it.

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

Textual Amendments

F14 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F16 Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F17 Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 Ss. 40-40B: 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)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

40B Procedure for directions under section 40 or 40A E+W

(1) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—

(a) a proposal is made for the giving of a direction under section 40;

(b) a proposal is made for the giving of a direction under section 40A.

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

[F18 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

(b) [F19 the National Police Chiefs' Council]; and

(c) such other persons as he thinks fit.

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

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

(5) On giving a direction under section 40 or section 40A to a [F20 local policing body], the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

(6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—

(a) a copy of the direction; and

(b) a report about it.

(7) A report under [F21 subsection (6)]—

(a) shall be prepared at such time as the Secretary of State considers appropriate; and

(b) may relate to more than one direction.]

Textual Amendments

F14 Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F18 Ss. 40B(2)(a)-(ab) substituted for s. 40B(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 3)

F19 Words in s. 40B(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41

F20 Words in s. 40B(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F21 Words in s. 40B(7) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(6)(a), Sch. 7 para. 133

Modifications etc. (not altering text)

C1 Ss. 40-40B: 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)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F22 40C Power to give directions to College of Policing E+W

(1) The Secretary of State may give a direction to the College of Policing requiring it to exercise any particular function that is conferred on the College by this Act or any other enactment.

(2) The College of Policing shall carry out such other duties for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct.]

Textual Amendments

F22 S. 40C inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 126, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

41 Directions as to minimum budget. E+W

(1) The power of the Secretary of State to give directions under section 40 [F23 or 40A] to a [F24 a police and crime commissioner] shall include power to direct [F25 the commissioner] that the amount of [F26 the commissioner's] [F27 council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year] shall not be less than an amount specified in the direction.

[F28 (1A) But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.]

(2) The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter [F29 4ZA or] [F30 IVA] of Part I of the Local Government Finance Act 1992.

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

(4) Where the Secretary of State gives a direction to [F31 a police and crime commissioner] by virtue of subsection (1), any precept issued or calculation made by [F32 the commissioner] under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Textual Amendments

F23 Words in s. 41(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 28; S.I. 2007/709, art. 3(c) (with art. 6)

F24 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(a), 157(1); S.I. 2012/2892, art. 2(a)

F25 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(b), 157(1); S.I. 2012/2892, art. 2(a)

F26 Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(c), 157(1); S.I. 2012/2892, art. 2(a)

F27 Words in s. 41(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 33; S.I. 2011/2896, art. 2(i)

F28 S. 41(1A) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(3), 157(1); S.I. 2012/2892, art. 2(a)

F29 Words in s. 41(2) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 33; S.I. 2011/2896, art. 2(i)

F30 Words in s. 41(2) substituted (27.7.1999 so as to apply as mentioned in S. 30(2)) by 1999 c. 27, s. 30(1), Sch. 1 Pt. II para. 10

F31 Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(a), 157(1); S.I. 2012/2892, art. 2(a)

F32 Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(b), 157(1); S.I. 2012/2892, art. 2(a)

Modifications etc. (not altering text)

C2 S. 41 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 10(3) (as amended (29.3.2018) by The Greater Manchester Combined Authority (Amendment) Order 2018 (S.I. 2018/444), arts. 1(2), 4(3)(a))

F33 41A Power to give directions as to action plans U.K.

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

Textual Amendments

F33 S. 41A repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 29, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

F34 41B Procedure for directions under section 41A U.K.

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

Textual Amendments

F34 S. 41B repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 29, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

42 [F35 Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner] E+W

[F36 [F37 (1) The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.]

(2) [F38 Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—]

(a) give the officer concerned a notice in writing—

(i) informing him of the Secretary of State’s intention to require the exercise of that power; and

(ii) explaining the Secretary of State’s grounds for requiring the exercise of that power; and

(b) give that officer an opportunity to make representations to the Secretary of State.

(2A) Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the [F39 notice to the Mayor's Office for Policing and Crime.]

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

(3) [F40 Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he] shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

[F41 (3A) At an inquiry held under subsection (3)—

(a) the Commissioner [F42 or Deputy Commissioner] shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;

(b) the [F43 Mayor's Office for Policing and Crime] shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.

(3B) The entitlement of the Commissioner [F44 or Deputy Commissioner] to make representations shall include the entitlement to make them in person.]

(4) The costs incurred by a [F45 the Commissioner [F46 or Deputy Commissioner ]] in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

[F47 (4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—

(a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and

(b) section 48(5) of the 2011 Act does not apply.]

(4B) In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.

F48 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 S. 42 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F36 S. 42(1)-(2B) substituted for s. 42(1)(2) (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(2), 108(2); S.I. 2004/1319, art. 2(d)

F37 S. 42(1)(1A) substituted for s. 42(1)-(1B) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F38 Words in s. 42(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F39 Words in s. 42(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F40 Words in s. 42(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(3), 108(2); S.I. 2004/1319, art. 2(d)

F41 S. 42(3A)(3B) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(4), 108(2); S.I. 2004/1319, art. 2(d)

F42 Words in s. 42(3A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(7)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F43 Words in s. 42(3A)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(7)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F44 Words in s. 42(3B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(8), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F45 Words in s. 42(4) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(5), 108(2); S.I. 2004/1319, art. 2(d)

F46 Words in s. 42(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F47 S. 42(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(10), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F48 S. 42(4C) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(11), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F49 S. 42(5) repealed (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(7), 108(2), Sch. 8; S.I. 2004/1319, art. 2(d)(f)

[F50 42A Procedure in relation to [F51 exercise of powers under section 42 ] E+W

(1) The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section F52 ... 42.

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

[F53 (a) the Mayor's Office for Policing and Crime;]

(b) [F54 the National Police Chiefs' Council]; and

(c) such other persons as he thinks fit.

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

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

Textual Amendments

F50 S. 42A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 34, 108(2)-(5); S.I. 2002/2306, art. 2(c)(i)

F51 Words in s. 42A title substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(2); S.I. 2012/2892, art. 2(i)

F52 Words in s. 42A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 13)

F53 S. 42A(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 31(4); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 13)

F54 Words in s. 42A(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41

F55 43 Reports from police authorities. E+W

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

Textual Amendments

F55 S. 43 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 81(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(2))

[F56 44 Provision of information by chief officers of police E+W

(1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

(a) the policing of the police area for which that police force is maintained, or

(b) the discharge of the national or international functions of that police force.

(2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

(a) the policing of that police area, or

(b) the discharge of the national or international functions of the police force for that area.

(3) A requirement under subsection (1) may specify the form in which information is to be provided.

(4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

(5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.]

Textual Amendments

F56 S. 44 substituted for ss. 44. 45 (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 92, 157(1); S.I. 2011/3019, art. 3, Sch. 1

F56 45 Criminal statistics. E+W

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

Textual Amendments

F56 S. 44 substituted for ss. 44. 45 (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 92, 157(1); S.I. 2011/3019, art. 3, Sch. 1

46 Police grant. E+W

(1) Subject to the following provisions of this section, the Secretary of State shall [F57 for each financial year—

(a) make grants to police and crime commissioners for the purposes of their functions,

(b) make grants to the Common Council for the purposes of its functions as police authority, and

(c) make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;]

[F58 and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.]

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

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

(b) the amount of the grant to be made to each [F59 grant recipient];

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

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

(4) In determining the allocation among [F60 grant recipients] of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.

(5) The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for [F61 different grant recipients or different classes of grant recipient].

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

(7) A grant to a [F62 grant recipient] under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.

[F63 (7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F64 Mayor's Office for Policing and Crime] and pay it over to [F65 that Office].]

(8) Where in consequence of a further determination under subsection (2) the amount of [F66 a grant recipient's] grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by [F67 the grant recipient] to the Secretary of State on such day as he may specify; but no sum shall be payable by [F68 a grant recipient] under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

[F69 (9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the [F70 Mayor's Office for Policing and Crime] to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.]

Textual Amendments

F57 Words in s. 46(1) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 142(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 12

F58 Words in s. 46(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(2)(b), 157(1); S.I. 2012/2892, art. 2(a)

F59 Words in s. 46(2)(b) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(3), 157(1); S.I. 2012/2892, art. 2(a)

F60 Words in s. 46(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(4), 157(1); S.I. 2012/2892, art. 2(a)

F61 Words in s. 46(5) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(5), 157(1); S.I. 2012/2892, art. 2(a)

F62 Words in s. 46(7) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(6), 157(1); S.I. 2012/2892, art. 2(a)

F63 S. 46(7A) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 92(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F64 Words in s. 46(7A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(7)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F65 Words in s. 46(7A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(7)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F66 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(a), 157(1); S.I. 2012/2892, art. 2(a)

F67 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(b), 157(1); S.I. 2012/2892, art. 2(a)

F68 Words in s. 46(8) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(8)(c), 157(1); S.I. 2012/2892, art. 2(a)

F69 S. 46(9) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 92(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F70 Words in s. 46(9) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 24(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1

47 Grants for capital expenditure. E+W

(1) The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) F71 ... [F72 by local policing bodies].

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

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

[F73 (4) Any grant [F74 under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F75 Mayor's Office for Policing and Crime] and pay it over to [F76 that Office].]

Textual Amendments

F71 Words in s. 47(1) omitted (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 142(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 12

F72 Words in s. 47(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F73 S. 47(4)(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 93(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F74 Words in s. 47(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F75 Words in s. 47(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(c)(i), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F76 Words in s. 47(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(2)(c)(ii), 157(1); S.I. 2011/3019, art. 3, Sch. 1

48 Grants for expenditure on safeguarding national security. E+W

(1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes [F77 by local policing bodies in connection with safeguarding national security].

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

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

[F78 (4) Any grant [F79 under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F80 Mayor's Office for Policing and Crime] and pay it over to [F81 that Office].]

Textual Amendments

F77 Words in s. 48(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F78 S. 48(4)(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 94(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F79 Words in s. 48(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F80 Words in s. 48(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(c)(i), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F81 Words in s. 48(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 25(3)(c)(ii), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F82 49 Local inquiries. E+W

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

Textual Amendments

F82 S. 49 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 14, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

50 Regulations for police forces. E+W

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

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

(a) [F83 the ranks to be held by members of police forces;]

(b) the qualifications for appointment and promotion of members of police forces;

(c) periods of service on probation;

(d) voluntary retirement of members of police forces;

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

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

(g) the maintenance of personal records of members of police forces;

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

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

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

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

[F84 (2ZA) Regulations under this section may not make any provision which may be made under [F85 section 50A (regulations as to police ranks) or under] section 1 of the Public Service Pensions Act 2013 in relation to members of police forces.]

[F86 (2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in [F87 subsection (2)(a), (b), (c) or (g)] [F87 subsection (2)(b), (c) or (g)], the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(2ZC) The Secretary of State may not make regulations with respect to any of the matters mentioned in [F88 subsection (2)(a), (b), (c) or (g)] [F88 subsection (2)(b), (c) or (g)] unless the text of the regulations has been prepared or approved by the College of Policing.]

[F89 (2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) powers of removal,

(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

(2B) In subsection (2A)—

• “power of removal” means—

  (a)

  the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.]

[F90 (3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.]

[F91 (3A) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (3) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the [F92 Director General of the Independent Office for Police Conduct],

(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of a police force, and

(c) condition A, B or C is satisfied in relation to the person.

(3B) Condition A is that the person ceases to be a member of a police force after the allegation first comes to the attention of a person mentioned in subsection (3A)(a).

(3C) Condition B is that the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a) but the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) does not exceed the period specified in regulations under this section.

(3D) Condition C is that—

(a) the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a),

(b) the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) exceeds the period specified for the purposes of condition B, and

(c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of a police force.

(3E) Regulations made by virtue of subsection (3A) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the [F93 Director General of the Independent Office for Police Conduct] determines that taking such proceedings would be reasonable and proportionate having regard to—

(a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

(b) the impact of the allegation on public confidence in the police, and

(c) the public interest.

(3F) Regulations made by virtue of subsection (3A) may make provision about matters to be taken into account by the [F94 Director General of the Independent Office for Police Conduct] for the purposes of subsection (3E)(a) to (c).

(3G) Regulations made by virtue of subsection (3A) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a member of a police force.]

(4) In relation to any matter as to which provision may be made by regulations under this section, the regulations mayF95 ... —

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F96 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

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

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

[F97 (6A) Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

(a) steps to be taken in connection with the appointment of senior officers;

(b) payments to senior officers who cease to hold office before the end of a fixed term appointment.

(6B) In subsection (6A) “senior officer” means—

(a) a member of a police force holding a rank above that of chief superintendent;

(b) the Commissioner of Police for the City of London.]

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

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

Textual Amendments

F83 S. 50(2)(a) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 48(4), 183(1)(5)(e)

F84 S. 50(2ZA) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 23 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F85 Words in s. 50(2ZA) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(5), 183(1)(5)(e)

F86 S. 50(2ZB)(2ZC) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F87 Words in s. 50(2ZB) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(6), 183(1)(5)(e)

F88 Words in s. 50(2ZC) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(6), 183(1)(5)(e)

F89 S. 50(2A)(2B) inserted (15.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(12), 157(1); S.I. 2011/3019, art. 2(c)

F90 S. 50(3) substituted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F91 S. 50(3A)-(3G) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F92 Words in s. 50(3A)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F93 Words in s. 50(3E) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F94 Words in s. 50(3F) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F95 Words in s. 50(4) repealed (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(3), Sch. 28 Pt. 8; S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F96 Words in s. 50(4)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 32; S.I. 2011/3019, art. 3, Sch. 1

F97 S. 50(6A)(6B) inserted (19.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 3, 116(1); S.I. 2010/999, art. 2(a)

Commencement Information

I1 S. 50 wholly in force at 1.4.1999; s. 50(1)(2)(4)-(8) in force at 23.8.1996, see s. 104(1)(2); s. 50(3) in force at 1.4.1999 by S.I. 1999/533, art. 2

[F98 50A Regulations for police forces: ranks E+W

(1) The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.

(2) The ranks must include the rank of constable.

(3) The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).

(4) The power conferred by subsection (3) includes power to—

(a) repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);

(b) make other amendments of legislation that are consequential on regulations under subsection (1).

(5) In subsection (4), “legislation” means any provision of—

(a) an Act (including this Act),

(b) subordinate legislation within the meaning of the Interpretation Act 1978,

(c) an Act of the Scottish Parliament or an instrument made under such an Act,

(d) a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or

(e) Northern Ireland legislation or an instrument made under Northern Ireland legislation.

(6) Regulations under this section may include transitional, transitory or saving provision.

(7) Regulations under this section may make different provision for different cases or circumstances.]

Textual Amendments

F98 Ss. 50A, 50B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 47, 183(1)(5)(e)

[F98 50B Regulations under section 50A: procedure E+W

(1) A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2) If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—

(a) lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and

(b) if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.

(3) The duty under subsection (2) does not apply if the Secretary of State considers—

(a) that it would be unlawful to make regulations in terms of the draft,

(b) that it would impair the efficiency of the police to do so, or

(c) that it would for some other reason be wrong to do so.

(4) The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—

(a) the draft is laid in accordance with the duty under subsection (2), or

(b) the College of Policing has approved the text of the regulations.]

Textual Amendments

F98 Ss. 50A, 50B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 47, 183(1)(5)(e)

51 Regulations for special constables. E+W

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

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

(a) the qualifications for appointment of special constables;

(b) the retirement of special constables;

[F99 (ba) the conduct [F100 , efficiency and effectiveness] of special constables and the maintenance of discipline;]

(c) the suspension of special constables from their office as constable; [F101 and]

[F102 (ca) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;]

(d) the allowances payable to special constables; and

F103 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104 (2ZA) Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to special constables.]

[F105 (2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to—

(a) the ranks to be held by special constables,

(b) the qualifications for appointment and promotion of special constables,

(c) periods of service on probation, or

(d) maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZC) The duty in subsection (2ZB) does not apply if the Secretary of State considers that—

(a) making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to make regulations in those terms, or

(c) it would for some other reason be wrong to make regulations in those terms.

(2ZD) The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.]

[F106 (2A) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.]

[F107 (2B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (2A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the [F108 Director General of the Independent Office for Police Conduct],

(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a special constable, and

(c) condition A, B or C is satisfied in relation to the person.

(2C) Condition A is that the person ceases to be a special constable after the allegation first comes to the attention of a person mentioned in subsection (2B)(a).

(2D) Condition B is that the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a) but the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) does not exceed the period specified in regulations under this section.

(2E) Condition C is that—

(a) the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a),

(b) the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) exceeds the period specified for the purposes of condition B, and

(c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a special constable.

(2F) Regulations made by virtue of subsection (2B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the [F109 Director General of the Independent Office for Police Conduct] determines that taking such proceedings would be reasonable and proportionate having regard to—

(a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

(b) the impact of the allegation on public confidence in the police, and

(c) the public interest.

(2G) Regulations made by virtue of subsection (2B) may make provision about matters to be taken into account by the [F110 Director General of the Independent Office for Police Conduct] for the purposes of subsection (2F)(a) to (c).

(2H) Regulations made by virtue of subsection (2B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a special constable.]

F111 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F112 (3A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F113 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

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

Textual Amendments

F99 S. 51(2)(ba) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 35, 108(2)-(5); S.I. 2002/2306, art. 2(c)(ii)

F100 Words in s. 51(2)(ba) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F101 Word in s. 51(2)(c) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(2)(a) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F102 S. 51(2)(ca) inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 4(2), 208(4)(a)

F103 S. 51(2)(e) repealed (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(2)(b) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F104 S. 51(2ZA) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(3) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F105 S. 51(2ZB)-(2ZD) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F106 S. 51(2A) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(3); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F107 S. 51(2B)-(2H) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(3), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F108 Words in s. 51(2B)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F109 Words in s. 51(2F) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F110 Words in s. 51(2G) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F111 S. 51(3) repealed (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(4) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F112 S. 51(3A) inserted (25.6.1997) by 1997 c. 50, s. 128(1); S.I. 1997/1377, art. 2(2)(h)

F113 Words in s. 51(3A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 33; S.I. 2011/3019, art. 3, Sch. 1

52 Regulations for police cadets. E+W

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

[F114 (1ZA) Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to police cadets.]

[F115 (1A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F116 local policing bodies], chief officers of police or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

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

[F117 (3) Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.]

Textual Amendments

F114 S. 52(1ZA) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 25 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)

F115 S. 52(1A) inserted (25.6.1997) by 1997 c. 50, s. 128(2); S.I. 1997/1377, art. 2(2)(h)

F116 Words in s. 52(1A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 34; S.I. 2011/3019, art. 3, Sch. 1

F117 S. 52(3) inserted (1.9.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 133(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(c)

[F118 52A Regulations about hours, leave or pay: consultation etc E+W

(1) This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

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

(2) In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under section 64B(1), and

(b) consider that body's report on the matter.

(3) In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review Body, or

(b) where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and

(b) the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

(a) there is not enough time to do so because the need to make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the proposed regulations.

(6) In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

(a) the persons and bodies who between them maintain police forces;

(b) chief officers of police;

(c) members of police forces;

(d) police cadets appointed under section 28.

(7) The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F118 S. 52A inserted (1.9.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 133(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(c)

53 Regulations as to standard [F119 and provision] of equipment. E+W

[F120 (1)] The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

[F121 (1A) The Secretary of State may by regulations make any or all of the following provisions—

(a) provision requiring [F122 one or more police forces], when using equipment for the purposes specified in the regulations to use only—

(i) the equipment which is specified in the regulations;

(ii) equipment which is of a description so specified; or

(iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b) provision requiring [F123 one or more police forces] to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;

(c) provision prohibiting [F124 one or more police forces] from using equipment of a type approved as mentioned in paragraph (a)(iii) except—

(i) where the conditions subject to which the approval was given are satisfied; and

(ii) in accordance with the other terms of that approval;

(d) provision requiring equipment used by [F125 one or more police forces] to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(e) provision prohibiting [F126 one or more police forces] from using equipment specified in the regulations, or any equipment of a description so specified.

[F127 (1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

(1AB) The regulations may, in particular—

(a) make provision about the nature or terms of such arrangements, or

(b) prescribe arrangements which may be, or must be, used.]

(1B) The Secretary of State shall not make any regulations under subsection (1A) [F128 or (1AA)] unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness [F129 of one or more police forces].

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

[F130 (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;]

(b) [F131 the National Police Chiefs' Council]; and

(c) such other persons as he thinks fit.

(2A) Regulations under this section may make different provision for different cases and circumstances.

(2B) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2C) In this section “equipment” includes—

[F132 (za) software;]

(a) vehicles; and

(b) headgear and protective and other clothing.]

Textual Amendments

F119 Words in s. 53 title inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F120 S. 53 renumbered as s. 53(1) (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 75; S.I. 1997/354, art. 2(2)(ay)

F121 S. 53(1A)-(2C) substituted for s. 53(2)(3) (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 6, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F122 Words in s. 53(1A)(a) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F123 Words in s. 53(1A)(b) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F124 Words in s. 53(1A)(c) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F125 Words in s. 53(1A)(d) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(b), 116(1); S.I. 2010/125, art. 2(b)

F126 Words in s. 53(1A)(e) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F127 S. 53(1AA)(1AB) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F128 Words in s. 53(1B) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F129 Words in s. 53(1B) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(3), 116(1); S.I. 2010/125, art. 2(b)

F130 S. 53(2)(a)-(ab) substituted for s. 53(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 93(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 4)

F131 Words in s. 53(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41

F132 S. 53(2C)(za) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(4), 116(1); S.I. 2010/125, art. 2(b)

Modifications etc. (not altering text)

C3 S. 53 extended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 44, 45; S.I. 2004/1572, art. 3(aa)(bb)

[F133 53A Regulation of procedures and practices E+W

(1) The Secretary of State may by regulations make provision requiring [F134 one or more police forces]—

(a) to adopt particular procedures or practices; or

(b) to adopt procedures or practices of a particular description.

[F135 (1A) If the College of Policing, having consulted the National Crime Agency, submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.]

F136 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(9) A statutory instrument containing [F140 regulations] under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

F141 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F133 S. 53A inserted (1.10.2002) by Police Reform Act 2002 (c. 30) {ss. 7}, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F134 Words in s. 53A(1) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 12(2), 116(1); S.I. 2010/125, art. 2(c)

F135 S. 53A(1A)(1B) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F136 S. 53A(2)(3) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F137 S. 53A(4) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F138 S. 53A(5) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 35(4); S.I. 2012/2892, art. 2(i)

F139 S. 53A(6)(7) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F140 Word in s. 53A(9) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10

F141 S. 53A(10) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10