Part III Police Representative Institutions
59 Police Federations.
(1)
There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in those countries respectively in all matters affecting their welfare and efficiency, except for—
(a)
questions of promotion affecting individuals, and
(b)
(subject to subsection (2)) questions of discipline affecting individuals.
F1(1A)
In fulfilling that purpose, the Police Federation for England and Wales must—
(a)
protect the public interest,
(b)
maintain high standards of conduct, and
(c)
maintain high standards of transparency.
(2)
A Police Federation may represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above or F2under section 48 of the Police and Fire Reform (Scotland) Act 2012 in so far as relating to the matters described in section 52 of that Act, or on an appeal from any such proceedings.
(3)
Except on an appeal to a police appeals tribunal or as F3provided in regulations made in accordance with section 84, a member of a police force may only be represented under subsection (2) by another member of a police force.
(4)
The Police Federations shall act through local and central representative bodies.
(5)
The Police Federations and every branch of a Federation shall be entirely independent of, and subject to subsection (6) unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.
(6)
The Secretary of State—
(a)
may authorise a Police Federation or a branch of a Federation to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify, and
(b)
may vary or withdraw an authorisation previously given;
and anything for the time being so authorised shall not be precluded by subsection (5).
(7)
This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.
F4(7A)
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F5(8)
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60 Regulations for Police Federations.
(1)
The Secretary of State may by regulations—
(a)
prescribe the constitution and proceedings of the Police Federations, or
(b)
authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.
(2)
Without prejudice to the generality of subsection (1), regulations under this section may make provision—
(a)
with respect to the membership of the Federations;
(b)
with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;
(c)
(d)
(e)
for modifying any regulations under the M1Police Pensions Act 1976, section 50 above or section F1048 of the Police and Fire Reform (Scotland) Act 2012 in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.
F11(2A)
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(3)
Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.
F12(4)
Before making any regulations under this section the Secretary of State shall consult—
(a)
for regulations extending to England and Wales, the national board of the Police Federation for England and Wales, and
(b)
for regulations extending to Scotland, the three Central Committees of the Police Federation for Scotland, sitting together as a Joint Committee.
(5)
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)
This section applies to police cadets as it applies to members of police forces.
F1360ASections 59 and 60: special provision for the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency
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61 The Police Negotiating Board for the United Kingdom.
F14(1)
There shall continue to be a Police Negotiating Board for the United Kingdom for the consideration by persons representing the interests of—
(a)
F17(aa)
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(b)
the persons who are members of those police forces or of F18the Police Service or are police cadets,
F19(ba)
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F20(bb)
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(c)
the Commissioner of Police of the Metropolis, F21. . .
F22(ca)
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F23(cb)
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F24(cc)
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F25(cd)
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(e)
the Scottish Ministers, F28and
(f)
the Department of Justice in Northern Ireland,
of questions relating to hours of duty, leave, pay and allowances, pensions or the issue, use and return of police clothing, personal equipment and accoutrements.
(2)
(3)
Subject to subsection (2), the Board shall continue to be constituted in accordance with such arrangements, made after consultations between the Secretary of State and organisations representing the interests of the persons referred to in paragraphs F31(a), (b), (c) F32, (e) and (f) of subsection (1), as appear to the Secretary of State to be satisfactory.
(4)
The Secretary of State may—
(a)
pay to the Chairman and to any deputy chairman or chairmen of the Board such fees as the Secretary of State may, with the approval of the Treasury, determine, and
(b)
defray any expenses incurred by the Board.
F33(5)
The Scottish Ministers may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Scotland.
F34(6)
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F35(7)
The Department of Justice in Northern Ireland may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Northern Ireland.
62 Functions of the Board with respect to regulations.
F14(1)
Before making—
(a)
regulations under section 50 or 52;
F36(aa)
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F37(ab)
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F38(b)
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F39(c)
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F40(d)
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with respect to any of the matters mentioned in section 61(1) (other than pensions), the Secretary of State shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.
F41(1ZA)
Before making regulations under section 25 of the Police (Northern Ireland) Act 1998 with respect to any of the matters mentioned in section 61(1) (other than pensions), the Department of Justice in Northern Ireland shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.
F42(1A)
Before making
F46(b)
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with respect to any of the matters mentioned in section 61(1) (other than pensions), the Scottish Ministers shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations F47or order.
F48(1A)
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F49(1AA)
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F50(1AB)
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F51(1AC)
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F52(1B)
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F53(1C)
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F54(1D)
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F55(1E)
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(2)
The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of F56subsection (1), F57or (1A) above F58... and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.
F59(2A)
The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of subsection (1ZA) above and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.
(3)
63F62Police Advisory Board for England and Wales
(1)
F65(1ZA)
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F66(1A)
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F67(1B)
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F68(1C)
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(2)
The constitution and proceedings of F69the Police Advisory Board for England and Wales shall be such as the Secretary of State may determine after consulting organisations representing the interests F70of local policing bodies, of police authorities and of members of police forces and police cadets.
F71(3)
Before making—
(a)
F77(c)
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F78(d)
an order under section 97A, or
(e)
an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),
the Secretary of State shall supply the Police Advisory Board for England and Wales with a F79draft of the regulations, rules or order, and take into consideration any representations made by that Board.
F80(4)
Section 4K of the Fire and Rescue Services Act 2004 F81and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements on the Secretary of State to consult the Police Advisory Board for England and Wales.
64 Membership of trade unions.
(1)
Subject to the following provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.
(2)
Where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.
F82(3)
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(4)
This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.
F83(4A)
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F83(4B)
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F84(4C)
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F85(4D)
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F86(4E)
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F87(4F)
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(5)
Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.