Extent Information
E1Pt. 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 paras. 10, 13(ll), the said s. 138(6)(d) was repealed (1.4.2006)
(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—
(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.”