Version Superseded: 01/01/2002
Point in time view as at 26/03/2001. This version of this provision has been superseded.
Police Act 1996, Section 42 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Secretary of State may require a police authority to exercise its power under section 11 to call upon the chief constable to retire in the interests of efficiency or effectiveness.
(2)Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to an assistant chief constable, the Secretary of State shall give the chief constable or assistant chief constable an opportunity to make representations to him and shall consider any representations so made.
(3)Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the exercise of the power mentioned in subsection (1) 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.
(4)The costs incurred by a chief constable or assistant chief constable 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.
[F1(5)This section shall apply to the power of the Metropolitan Police Authority under section 9E to call upon—
(a)the Commissioner of Police of the Metropolis,
(b)the Deputy Commissioner of Police of the Metropolis,
(c)an Assistant Commissioner of Police of the Metropolis, or
(d)a Commander in the metropolitan police force,
to retire in the interests of efficiency or effectiveness as it applies to the power of a police authority under section 11.]
Textual Amendments
F1S. 42(5) inserted (3.7.2000) by 1999 c. 27, s. 325, Sch. 27 para. 90 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
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