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Police Act 1996

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MiscellaneousU.K.

96 Arrangements for obtaining the views of the community on policing.E+W

(1)Arrangements shall be made for each police area for obtaining—

(a)the views of people in that area about matters concerning the policing of the area, and

(b)their co-operation with the police in preventing crime [F1and anti-social behaviour] in that area.

(2)Except as provided by [F2provision made by virtue of subsection (6)(b)], arrangements for each police area shall be made by the police authority after consulting the chief constable [F3or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,] as to the arrangements that would be appropriate.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(6)The Secretary of State may by regulations—

(a)make provision supplementing that made by this section (or by regulations under paragraph (b));

(b)make provision applying in place of subsection (2) in relation to the City of London police area.

(7)Regulations under subsection (6)(a) may contain—

(a)provision requiring a police authority to review arrangements made under this section from time to time;

(b)provision (further to that made by subsection (2) or by regulations under subsection (6)(b)) as to persons whom a police authority is to consult in making or reviewing the arrangements;

(c)provision as to matters to which a police authority is to have regard in making or reviewing the arrangements;

(d)provision for the Secretary of State, if not satisfied with the adequacy of arrangements made under this section by a police authority, to require the authority—

(i)to submit reports to him concerning the arrangements;

(ii)to review the arrangements.

(8)Before making regulations under this section the Secretary of State must consult—

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers, and

(c)such other persons as he thinks fit.

(9)Regulations under this section may make different provision for different police authorities.

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

[F696A National and international functions of the metropolitan police.E+W

(1)The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

(2)If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—

(a)to the standard specified in any agreement in force under subsection (1), or

(b)if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.

(3)The Metropolitan Police Authority shall comply with any directions given under subsection (2).

(4)For the purposes of this section “national or international functions” means functions relating to—

(a)the protection of prominent persons or their residences,

(b)national security,

(c)counter-terrorism, or

(d)the provision of services for any other national or international purpose.]

Textual Amendments

F6Ss. 96A, 96B inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 104 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F796B National and international functions: application of requirements relating to reports etc.E+W

(1)In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.

(2)In its application to the Metropolitan Police Authority, [F8 section 6ZB(1) shall have effect as if a reference] to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In its application to the Metropolitan Police Authority, [F10section 6ZC(1)] shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

(5)In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.

(6)Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.

(7)Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.]

97 Police officers engaged on service outside their force.E+W

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 26;

[F11(aa)temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;]

(b)temporary service under section 56 on which a person is engaged with the consent of the appropriate authority;

(c)temporary service under the Crown in connection with the provision by the Secretary of State of—

(i)such organisations and services as are described in section 57, or

(ii)research or other services connected with the police,

on which a person is engaged with the consent of the appropriate authority;

F12(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 [F16(ce)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(cf)temporary service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority;]

[F18(cg)temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;]

[F19(ch)temporary service with the [F20Independent Safeguarding Authority] on which a person is engaged with the consent of the appropriate authority;]

[F21(ch) temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

(ci) temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;]

(d)temporary service as an adviser to the Secretary of State on which a person is engaged with the consent of the appropriate authority;

(e)service the expenses of which are payable under section 1(1) of the M1Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority;

[F22(ea)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;]

(f)service in the [F23Police Service of Northern Ireland], on which a person is engaged with the consent of the Secretary of State and the appropriate authority; F24. . .

(g)service pursuant to an appointment under section 10 of the M2Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.[F25, or

(h)service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.]

(2)In subsection (1) “appropriate authority”, in relation to a member of a police force, means the chief officer of police acting with the consent of the police authority, except that in relation to the chief officer of police it means the police authority.

(3)Subject to subsections (4) to (8), a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M3Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 50 above fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(e) refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M4Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A member of a police force who—

(a)has completed a period of relevant service within [F26paragraph (a), (aa), (b), (c), F27... F28... (cf) [F29 , (cg) ] [F30, (ch) ] [F31, (ch), (ci)] , (d), (g) or (h) of subsection (1)], or

(b)while engaged on relevant service within paragraph (e) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph [F32(ea) or] (f) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with section 50(3) for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 85 shall apply accordingly.

(7)For the purposes of subsection (6) a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection, it is given by or on behalf of [F33the Police Ombudsman for Northern Ireland or (as the case may be)] the chief constable of the [F34Police Service of Northern Ireland], or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

(8)A member of a police force engaged on relevant service within [F35paragraph (aa), (b), (c), F36... F37... (cf) [F38 , (cg) ] [F39, (ch) ] [F40, (ch), (ci)] or (d) of subsection (1]

(a)shall continue to be a constable, and

(b)shall be treated for the purposes of sections 30, 59, 60, 64 and 90 as if he were a member of his police force.

(9)The Secretary of State shall be liable in respect of [F41any unlawful conduct of] a member of a police force engaged on relevant service within paragraph (b), (c) or (d) of subsection (1) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in [F42, in the case of a tort,] be treated for all purposes as a joint tortfeasor.

Textual Amendments

F20Words in s. 97 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss., 81(3)(g), 116(5)(a) 81(2)

F22S. 97(1)(ea) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(3); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F23Words in s. 97(1)(f) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.

F27Words in s. 97(6)(a) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F32Words in s. 97(6)(c) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(4); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F33Words in s. 97(7)(b) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(5); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F34Words in s. 97(7)(b) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.

Modifications etc. (not altering text)

C1S. 97(9) excluded by 1974 c. 37, s. 51A(2D)(2E)(c) (as inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(1), 178(1)(a) (with s. 158(5)-(7)))

Marginal Citations

M19 & 10 Geo. 6 c. 17.

M49 & 10 Geo. 6 c. 17.

[F4397APower to amend section 97U.K.

(1)The Secretary of State may by order amend the definition of “relevant service” in section 97(1).

(2)An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

(3)The provision that may be made under subsection (2) includes provision amending any enactment.

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

Textual Amendments

98 Cross-border aid of one police force by another.U.K.

(1)The chief officer of police of a police force in England or Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the [F44Police Service of Northern Ireland], provide constables or other assistance for the purpose of enabling the Scottish force or the [F44Police Service of Northern Ireland] to meet any special demand on its resources.

(2)The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England or Wales F45... the chief constable of the [F44Police Service of Northern Ireland] F46..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the [F44Police Service of Northern Ireland] F46... to meet any special demand on its resources.

(3)The chief constable of the [F44Police Service of Northern Ireland] may, on the application of the chief officer of police of a police force in England or Wales or the chief officer of a police force in Scotland F47..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force F47... to meet any special demand on its resources.

F48(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If it appears to the Secretary of State—

(a)to be expedient in the interests of public safety or order that a police force F49...should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and

(b)that satisfactory arrangements under subsection (1), [F50(2) or (3)] cannot be made, or cannot be made in time,

he may direct the chief officer of police of any police force in England or Wales, the chief officer of any police force in Scotland or the chief constable of the [F44Police Service of Northern Ireland] F49..., as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.

(5)While a constable is provided under this section for the assistance of another police force F51... he shall, notwithstanding any enactment,—

(a)be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the [F44Police Service of Northern Ireland] F51..., of its chief officer or the chief constable of the [Police Service of Northern Ireland] F52... respectively); and

(b)have in any place the like powers and privileges as a member of that other force has in that place as a constable.

(6)The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

F53(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In the application of this section to Scotland, any expression used in this section and in the M5Police (Scotland) Act 1967 shall have the same meaning in this section as in that Act.

[F54(8)Constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000.]

Textual Amendments

F44Words in s. 98(1)-(5) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(4); S.R. 2001/396, art. 2, Sch.

F45Word in s. 98(2) repealed (1.4.1998) by 1997 c. 50, s. 134(2), Sch. 10; S.I. 1998/354, art. 2(2)(ay)

F54S. 98(8) substituted (4.11.2001) for s. 98(8)(9) by 2000 c. 32, s. 74, Sch. 6 para. 12(5); S.R. 2001/396, art. 2, Sch.

Marginal Citations

99 Jurisdiction of metropolitan police officers.S+N.I.

(1)A member of the metropolitan police force who is assigned to the protection of any person or property in Scotland shall, in the discharge of that duty, have the powers and privileges of a constable of a police force maintained under the Police (Scotland) Act 1967.

(2)A member of the metropolitan police force who is assigned to the protection of any person or property in Northern Ireland shall, in the discharge of that duty, have the powers and privileges of a constable of the Royal Ulster Constabulary.

Extent Information

E1S. 99(1) extends to S. only and s. 99(2) extends to N.I. only

100 Chief constables affected by police area alterations or local government reorganisations.E+W

(1)If the chief constable of a police force which ceases to exist in consequence of an order under section 32 above [F55or section 58 of the Local Government Act 1972] is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

(2)While a person is a member of a police force by virtue only of this section he shall hold the rank of assistant chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 10(1).

(3)A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under section 50, cease to be a member of that force at the end of three months unless he has then accepted and taken up an appointment in that force.

(4)If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.

(5)Where—

(a)the chief constable of a police force is engaged for a period of relevant service within paragraph (b), (c), (d) or (e) of section 97(1), and

(b)before the end of that period that force ceases to exist as mentioned in subsection (1) above,

subsection (1) shall apply to the chief constable as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period.

(6)In this section—

(a)successor force”, in relation to a police force which ceases to exist in consequence of an order, means a force to which members of that police force are transferred by virtue of the order; and

(b)date of transfer” means the date as from which those members are so transferred.

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