Police Act 1997

Staff, &c. U.K.

4 (1) The Organisation shall not appoint employees except with the approval of the Secretary of State as to numbers and as to terms and conditions of service. U.K.

(2) No person shall be appointed to act as the chief executive of the Organisation unless the Secretary of State [F1 after consultation with the Scottish Ministers,] has consented to the appointment.

Textual Amendments

F1 Words in Sch. 8 para. 4(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(6); S.I. 1998/3178, art. 3

5 (1) The Organisation shall pay to its employees such remuneration and allowances as it may, with the consent of the Secretary of State, determine. U.K.

(2) The Organisation shall—

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of employees or former employees as it may, with the consent of the Secretary of State, determine;

(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the consent of the Secretary of State, for the payment of pensions or gratuities in respect of employees or former employees.

(3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

(4) If any person—

(a) on ceasing to be employed by the Organisation, becomes or continues to be one of its members, and

(b) was, by reference to his employment, a participant in a pension scheme maintained by the Organisation,

the Organisation may, with the consent of the Secretary of State, make provision for that person to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 3.

6 (1) Employment with the Organisation shall be included among the kinds of employment to which a scheme under section 1 of the M1 Superannuation Act 1972 can apply. U.K.

(2) The Organisation shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

(3) Where an employee of the Organisation is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Organisation, the Minister for the Civil Service may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3 above).

Marginal Citations

M1 1972 c. 11.

7 (1) The Organisation shall be liable in respect of [F2 any unlawful conduct of] a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in like manner as a master is liable in respect of [F3 any unlawful conduct of] his servants in the course of their employment, and shall [F4 , in the case of a tort,] be treated for all purposes as a joint tortfeasor. U.K.

(2) In relation to Scotland, sub-paragraph (1) shall not apply but the Organisation shall be liable in reparation in respect of a wrongful act or omission on the part of a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in like manner as a master is so liable in respect of any wrongful act or omission on the part of his servant in the course of the servant’s employment.

Textual Amendments

F2 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(a); S.I. 2002/2306, art. 2(f)(xi)

F3 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(b); S.I. 2002/2306, art. 2(f)(xi)

F4 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(c); S.I. 2002/2306, art. 2(f)(xi)

Modifications etc. (not altering text)

C1 Sch. 8 para. 7(1) excluded by 1974 c. 37, s. 51A(2D)(2E)(d) (as inserted (E.W.S.) (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(1), 178(1)(a) (with s. 158(5)-(7)))