The Police (Discipline) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 1475

POLICE

The Police (Discipline) (Amendment) Regulations 1995

Made

7th June 1995

Laid before Parliament

15th June 1995

Coming into force

10th July 1995

The Secretary of State in exercise of the powers conferred on him by section 33 of the Police Act 1964(1) and section 101 of the Police and Criminal Evidence Act 1984(2) and after satisfying the requirements of section 46(3) of the Police Act 1964(3), as to the furnishing of a draft of the regulations to the Police Advisory Board for England and Wales, hereby makes the following Regulations:

1.  These Regulations may be cited as the Police (Discipline) (Amendment) Regulations 1995 and shall come into force on 10th July 1995.

2.  For regulation 16(2)(b) of the Police (Discipline) Regulations 1985(4) there shall be substituted—

“(b) in any other police force, to the Assistant Chief Constable designated under section 6(4) of the Police Act 1964(5), and such officer may hear the charges regardless of whether the circumstances set out in paragraph (a) or (b) of section 6(4) apply.”.

David Maclean

Minister of State

Home Office

7th June 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police (Discipline) Regulations 1985 to enable the Chief Constable to delegate the hearing of a disciplinary charge to an assistant chief constable designated to act in the absence of the Chief Constable under section 6 of the Police Act 1964. Under the 1985 Regulations the Chief Constable could delegate this function to the Deputy Chief Constable. This amendment is necessary due to the abolition of the rank of Deputy Chief Constable.

(1)

1964 c. 48; section 33 was amended by the Police and Magistrates' Courts Act 1994 (c. 29), and those amendments (except new section 33(3)) have been brought into force by S.I. 1994/2025.

(2)

1984 c. 60; section 101 is repealed by the Police and Magistrates' Courts Act 1994 but the repeal is not yet in force.

(3)

Section 46(3) was amended by the Police Negotiating Board Act 1980 (c. 10).

(4)

S.I. 1985/518; to which there has been an amendment not relevant to this instrument.

(5)

This section was substituted by section 6 of the Police and Magistrates' Courts Act 1994 (c. 29).