Police and Fire Reform (Scotland) Act 2012

Chief constable

17 Chief constable’s responsibility for the policing of Scotland

(1) The chief constable is responsible, and must account to the Authority, for the policing of Scotland.

(2) In particular, the chief constable—

(a) has direction and control of the Police Service (see section 21),

(b) is responsible for the day to day administration of the Police Service, including the allocation and deployment of resources received from the Authority,

(c) is to be involved in the preparation of the strategic police plan and the Authority’s annual report (see sections 34(4)and 39(4)),

(d) is to prepare annual police plans (see section 35),

(e) must seek to secure continuous improvement in the policing of Scotland (see section 37(2)),

(f) must designate local commanders and ensure that adequate arrangements are in place for the policing of each local authority area (see section 44), and

(g) may be required to provide the Authority with information relating to the Police Service, policing or the state of crime (see sections40(3),60(4) and 84(3)).

(3) The chief constable must, when directing constables, police cadets and police staff in the carrying out of their functions, comply with any lawful instruction given by—

(a) the appropriate prosecutor in relation to the investigation of offences,

(b) the Lord Advocate under section 12 of the Criminal Procedure (Scotland) Act 1995 (c.46),

(c) the Lord Justice General, or

(d) the sheriff principal for the place in which the functions are to be carried out.

(4) The chief constable must seek to ensure that the policing of Scotland is done—

(a) with due regard to the policing principles, and

(b) in accordance with—

(i) the strategic police priorities,

(ii) the most recently approved strategic police plan, and

(iii) the relevant annual police plan.

(5) The chief constable must ensure that the policing of Scotland is done with due regard to any recommendations made or guidance issued by the Authority on the policing of Scotland.

(6) Any recommendation made or guidance issued by the Authority for the purposes of subsection (5) must not be inconsistent with—

(a) the strategic police priorities,

(b) the most recently approved strategic police plan,or

(c) any guidance or instructions issued to the chief constable by the Lord Advocate or a procurator fiscal in relation to the investigation or reporting of offences.

18 Delegation of chief constable’s functions

(1) The chief constable may direct or authorise any other constable to carry out any of the chief constable’s functions.

(2) A direction or authorisation under subsection (1) does not affect the chief constable’s—

(a) responsibility for the carrying out of delegated functions, or

(b) ability to carry out delegated functions.

(3) The Authority must designate a deputy chief constable to carry out the chief constable’s functions where—

(a) the office of chief constable is vacant, or

(b) the chief constable is unable to carry out those functions by reason of being absent, incapacitated or suspended from duty.

(4) Only one deputy chief constable may be so designated to act at any one time.

(5) This section does not affect any restriction on delegation of the chief constable’s functions contained in any enactment which makes provision in that regard.