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Police Act 1996
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88 Liability for wrongful acts of constables.E+W
(1)The chief officer of police for a police area shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
(2)There shall be paid out of the police fund—
(a)any damages or costs awarded against the chief officer of police in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
(b)any sum required in connection with the settlement of any claim made against the chief officer of police by virtue of this section, if the settlement is approved by the police authority.
(3)Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief officer of police; and references in subsections (1) and (2) to the chief officer of police shall be construed accordingly.
(4)A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—
(a)any damages or costs awarded against a person to whom this subsection applies in proceedings for a tort committed by that person,
(b)any costs incurred and not recovered by such a person in such proceedings, and
(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(5)Subsection (4) applies to a person who is—
(a)a member of the police force maintained by the police authority,
(b)a constable for the time being required to serve with that force by virtue of section 24 or 98 [F1of this Act or section 23 of the Police Act 1997], or
(c)a special constable appointed for the authority’s police area.
Textual Amendments
F1Words in s. 88(5)(b) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 85; S.I. 1998/354, art. 2(2)(ay)
Modifications etc. (not altering text)
C1S. 88 applied (with modifications) (1.1.2000) by S.I. 1999/3272, art. 3
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