Police Act 1996

62 Functions of the Board with respect to regulations. U.K.

(1) Before making—

(a) regulations under section 50 or 52;

[F1 (aa) section 34A of the Police Act 1997;]

[F2 (ab) section 79A of the Police Act 1997;]

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (c) 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 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.

[F5 (1A) Before making regulations under section 26 or 27 of the Police (Scotland) Act 1967 (other than regulations relating to special constables) 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.]

[F6 (1A) Before determining the terms and conditions on which a person is to be appointed under [F7 section 9(1)(b) or 55(1)(b)] of the Police Act 1997, the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad shall—

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendation made by the Board.]

[F8 (1B) Before determining the terms and conditions on which a person is to be appointed under section F9 . . . 52 of the Police Act 1997, the Secretary of State shall—

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendations made by the Board.]

[F10 (1C) Before determining the terms and conditions on which the Director General of the National Criminal Intelligence Service is to be appointed, the Secretary of State shall—

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which would, if the person appointed were to be a serving police officer, relate to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendations made by the Board;

and in this subsection “serving police officer” has the same meaning as in section 6 of the Police Act 1997 (c. 50).]

(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 subsection (1) [F11 , (1A) or (1B)] 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) No regulations relating to pensions shall be made under section 52 above, section 27 of the Police (Scotland) Act 1967 or [F12 section 25 of the Police (Northern Ireland) Act 1998] except after consultation with the Board.

Textual Amendments

F1 S. 62(1)(aa) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 90(3), 108(2)-(5); S.I. 2002/2306, art. 2(f)(iv)

F2 S. 62(1)(ab) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 91(3), 108(2)-(5); S.I. 2002/2306, art. 2(f)(iv)

F3 S. 62(1)(b) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 para. 124(a); S.I. 1998/3178, art. 3

F4 S. 62(1)(c) substituted (9.2.1999) by 1998 c. 32, s. 34(1); S.R. 1999/48, art. 3 (with art. 4)

F5 S. 62(1A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 para. 124(b); S.I. 1998/3178, art. 3

F6 S. 62(1A) inserted (1.9.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 82(2); S.I. 1997/1930, art. 2(2)(w)

F7 Words in s. 62(1A) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 77(2): S.I. 2002/344, art. 3(k)

F8 S. 62(1B) inserted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 77(3); S.I. 2002/344, art. 3(k)

F9 Words in s. 62(1B) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 107, 108(2)-(5), Sch. 7 para. 16(2), Sch. 8; S.I. 2002/2306, art. 2(g)(ii)(iii)(c)

F10 S. 62(1C) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 107, 108(2)-(5), Sch. 7 para. 16(3); S.I. 2002/2306, art. 2(g)(ii)

F11 Words in s. 62(2) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 77(4); S.I. 2002/344, art. 3(k)

F12 Words in s. 62(3) substituted (9.2.1999) by 1998 c. 32, s. 34(2); S.R. 1999/48, art. 3 (with art. 4)

Modifications etc. (not altering text)

C1 S. 62(2) applied (1.9.2000 with effect from 1.9.1996) by S.I. 1995/215, reg. 39(1A) as substituted for s. 39(1) (1.9.2000 with effect from 1.9.1996) by S.I. 2000/2013, regs. 1(2)(b), 3(1)

C2 S. 62(3) excluded (N.I.) (23.11.2000) by 2000 c. 32, ss. 49(4), 79(2) (with Sch. 7 para. 2)