E1Part 5 Police Organisation
Police ranks
124 Power of deputy to exercise functions of chief constable
1
In section 12 of the 1996 Act (assistant chief constable), subsections (4) to (6) shall be omitted.
2
After that section, there shall be inserted—
12A Power of deputy to exercise functions of chief constable
1
A deputy chief constable of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—
a
during any absence, incapacity or suspension from duty of the chief constable,
b
during any vacancy in the office of the chief constable, or
c
at any other time, with the consent of the chief constable.
2
A police authority responsible for maintaining a police force may designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable of that force—
a
during any absence, incapacity or suspension from duty of both the chief constable and the deputy chief constable, or
b
during any vacancy in the offices of both the chief constable and the deputy chief constable.
3
Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2).
4
The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.
5
The provisions of subsections (1) and (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.
Pt. V (ss. 104-128) extended to UK so far as relating to the National Criminal and Intelligence Service, see s. 138(6)(d) as enacted; by Serious Organised Crime and Police Act 2005 c. 15, ss. 59, 174(2), Sch. 4 para. 167, { Sch. 17 Pt. 2} and The Serious Organised Crime and Police Act 2005 (Commencement No. 5 and Transitional and Transitory Provisions and Savings) Order 2006 (S.I. 2006/378), art. 4(1), Sch. paras. 10, 13(ll), the said s. 138(6)(d) was repealed (1.4.2006)