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Police (Scotland) Act 1967

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Part IE+W+S Organisation of Police Forces

Police areas, police authorities and police forcesS

1 Police areas.S

[F1(1)Subject to the provisions of any amalgamation scheme, a police force shall be maintained [F2for every local government area], and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.]

(2)Subject to the provisions of this Act relating to amalgamation schemes, any reference in this Act to a police area shall be construed as a reference to an area for which a police force falls to be maintained in pursuance of this section, or would apart from the said provisions fall to be so maintained, and shall include a reference to the territorial waters, if any, adjacent to such area.

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Amendments (Textual)

2 Police authorities and their functions.S

(1)[F3For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority] and, subject to the provisions of any amalgamation scheme, shall have in relation to that area, and to the police force maintained for that area or for any combined area comprising that area, the functions conferred or imposed upon police authorities by this Act.

(2)The police authority shall pay to the constables of a police force pay and allowances in accordance with regulations made under Part II of this Act, and shall reimburse to such constables any expenses reasonably incurred by them in the performance of their duty . . . F4.

(3)The police authority may, subject to any regulations made under Part II of this Act, provide and maintain such vehicles, apparatus, accoutrements, clothing and other equipment as may be required for the purposes of a police force.

(4)The police authority may, subject to the consent of the Secretary of State, provide and maintain such land and buildings and other structures, and make such alterations in any buildings and other structures already provided, as may be required for the purposes of a police force (including cells for the temporary confinement of persons taken into police custody and dwelling-houses or other housing accommodation for constables).

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Amendments (Textual)

[3F5Establishments of police forcesS

(1)A police force shall consist of a chief constable, regular constables and special constables.

(2)In subsection (1) above—

regular constables” means constables (including probationary constables) to whom both pay and allowances are, by virtue of section 26 of this Act, payable; and “special constables” means constables to whom allowances only are so payable.]

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Amendments (Textual)

F5S. 3 substituted (13.12.1995) by 1994 c. 29, s. 47(1); S.I. 1995/3003, art. 2, Sch.

4 Chief constables.S

(1)Subject to the provisions of section 19(2)(a) of this Act and of any regulations made under Part II of this Act, the police authority shall, after consultation with, and subject to the approval of, the Secretary of State, appoint the chief constable of the police force maintained for their area.

(2)A person appointed to the office of chief constable of a police force shall hold the rank of chief constable.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4)Subject to the following provisions of this section, a person appointed to the office of chief constable of a police force—

(a)may resign his appointment in accordance with regulations made under Part II of this Act; or

(b)may in accordance with regulations made as aforesaid be required by the police authority to resign his appointment; or

(c)may in accordance with regulations made as aforesaid be dismissed by the police authority; or

(d)may, without prejudice to those regulations, be called on to retire by the police authority, acting with the approval of the Secretary of State, where they consider that his retirement is in the interests of efficiency;

but otherwise shall remain in office until the termination of his appointment by death or the expiration of any period of tenure specified in the terms thereof, whichever event shall first occur.

(5)Before seeking the approval of the Secretary of State under paragraph (d) of subsection (4) of this section the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made.

(6)A chief constable who is called on to retire as aforesaid shall retire on such date as the police authority may specify when calling on him to retire or on such earlier date as may be agreed upon between him and the police authority.

(7)Nothing in subsection (4) of this section shall prejudice the operation of section 23(2) of this Act, or of any enactment providing for retirement by virtue of section 1 of the [F7M1Police Pensions Act 1976] (police pension regulations).

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Amendments (Textual)

F7Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)

Marginal Citations

[5F8Assistant chief constables.S

(1)The ranks that may be held in a police force maintained under section 1 of this Act shall include that of assistant chief constable (but not that of deputy chief constable); and in every such police force there shall be at least one person holding that rank.

(2)Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(3)Subsections (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable.

(4)A chief constable shall, after consulting the police authority for the area for which his force is maintained, designate a person holding the rank of assistant chief constable to exercise all the powers and duties of the chief constable—

(a)during any absence, incapacity or suspension from duty of the chief constable, or

(b)during any vacancy in the office of chief constable.

(5)No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

(6)The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable.]

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Amendments (Textual)

F8S. 5 substituted for ss. 5, 5A (1.1.1995 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 48; S.I. 1994/3075, art. 2, Sch.; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Constables below rank of assistant chief constable.S

(1)Appointments and promotions to any rank below that of assistant chief constable in any police force shall be made, subject to the provisions of section 19(2)(a) of this Act and of any regulations made under Part II of this Act, by the chief constable.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7 Ranks.S

(1)The ranks which may be held in a police force shall be such as may be prescribed, and the ranks so prescribed shall include the ranks of chief constable F12. . ., assistant chief constable F12. . . superintendent [F13, chief inspector, inspector, sergeant and constable.].

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)There shall not be assigned to any constable at any time a rank lower than that which he then holds, except with his consent or in accordance with regulations [F15made in accordance with section 26(2A) of this Act].

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Amendments (Textual)

F13Words in s. 7(1) inserted (1.4.1995) by 1994 c. 29, s. 47(2)(a)(ii); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F15Words in s. 7(3) substituted (1.8.1996) by 1994 c. 29, s. 63(3); S.I. 1996/1646, art. 2 , Sch. (with art. 3)

8 Police cadets.S

(1)The chief constable of any police force may, in accordance with regulations made under Part II of this Act F16. . ., appoint persons as police cadets to undergo training with a view to becoming constables of that police force.

(2)Subject to such regulations as aforesaid, all police cadets shall be under the control of, and subject to dismissal by, the chief constable.

(3)Subject to subsection (2) of this section, the police authority for a police area shall be treated for the purposes of any legal proceedings, and for the purposes of any enactment relating to the functions of employers, as the employer of any police cadets appointed to undergo training with the police force maintained for that area.

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Amendments (Textual)

F16Words in s. 8(1) repealed (1.4.1996) by 1994 c. 29, ss. 47(3), 93, Sch. 9 Pt. I; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)

[9F17Civilian employees.S

(1)A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables.

(2)The police authority shall exercise their powers under section 56 (and section 63) of the M2Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force.

(3)Subsection (2) above shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

(4)The powers of direction and control referred to in subsection (2) above include the powers of engagement and dismissal.]

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Amendments (Textual)

F17S. 9 substituted (1.4.1996) by 1994 c. 29, s. 49; S.I. 1995/492, art. 3, Sch. 2 (with art. 4)

Marginal Citations

10 Land: compulsory acquisition, etc.S

(1)A police authority may be authorised by the Secretary of State to acquire compulsorily land required for the purposes of their functions under this Act, and the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if this section had been in force immediately before the commencement of that Act.

(2)For the purposes of subsection (1) of this section and of [F18sections 70 to 78 of the M4Local Government (Scotland) Act 1973] (acquisition of and dealings in land by local authorities) any land required, acquired, appropriated or held for the purposes of a police force shall be deemed to be required, acquired, appropriated or held, as the case may be, for the purposes of the functions of the police authority under this Act.

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Amendments (Textual)

Marginal Citations

General provisionsS

11 Aid of one police force by another.S

(1)If it appears to the chief constable of a police force that the resources of the force are insufficient to meet any particular circumstances he may apply for assistance to the chief constable of any other police force, who may thereupon arrange for such assistance to be given from the resources of that other force as in his opinion the circumstances of that other force permit.

(2)If it appears to the [F19appropriate Minister or Ministers] to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1) of this section cannot be made, or cannot be made in time, he [F19or they] may direct the chief constable of any police force to provide such constables or other assistance for that purpose as may be specified in the directions.

(3)A copy of any directions given to the chief constable of any police force under subsection (2) of this section shall be sent to the police authority for the area for which that force is maintained and shall be binding on them so far as it affects their functions in relation to that force.

(4)The cost of any assistance given under any of the foregoing provisions of this section from the resources of a police force shall be divided between the police authorities concerned in such manner as may be agreed between them, or, in default of such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of any agreement, as may be directed by the [F20appropriate Ministers].

[F21(5)This section shall apply in relation to the Strategic Rail Authority and the British Transport Police Force as it applies to a police authority and a police force respectively.

(6)In subsection (2) “appropriate Minister or Ministers” means—

(a)in relation to a direction given to the Chief Constable of the British Transport Police Force, the Secretary of State, and

(b)in any other case, the Scottish Ministers.

(7)In subsection (4) “appropriate Ministers” means—

(a)where the police authorities concerned include the Strategic Rail Authority, the Scottish Ministers and the Secretary of State, acting jointly, and

(b)in any other case, the Scottish Ministers.]

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Amendments (Textual)

12 Collaboration agreements.S

(1)If it appears to the chief constables of two or more police forces that any police functions can more efficiently be discharged by constables of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose.

(2)If it appears to the police authorities for any two or more police areas that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained for those areas, they make an agreement for that purpose.

(3)Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the [F22Scottish Ministers].

(4)An agreement under subsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.

[F23(5)If it appears to the Scottish Ministers that an agreement should be made for the purposes specified in subsection (1), (2) or (4) of this section, they may, after considering any representations made by the parties concerned, direct those parties to enter into such agreement for that purpose as may be specified in the directions.

(6)For the purposes of this section—

(a)the British Transport Police Force shall be treated as if it were a police force;

(b)police functions” shall include the functions of the British Transport Police Force;

(c)the British Transport Police Committee shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1) and (2) of this section and the Strategic Rail Authority shall be so treated for the purposes of subsection (3) of this section; and

(d)police area”, in relation to the British Transport Police Force and the British Transport Police Committee, means those places where members of the British Transport Police Force have the powers, protection and privileges of a constable under section 53(4) of the British Transport Commission Act 1949 (c. xxix).

(7)In relation to agreements relating to the British Transport Police Force, any determination under subsection (3) shall be made, and any directions under subsection (5) shall be given, by the Scottish Ministers and the Secretary of State, acting jointly.]

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Amendments (Textual)

F23S. 12(5)-(7) substituted (7.1.2002) for s. 12(5) by 2001 c. 24, s. 101, Sch. 7 para. 3(3); S.I. 2001/4104, art. 2(d)

[12AF24Provision of advice and assistance to international organisations etc.S

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice and assistance provided by it under this section.

(7)The provisions of this section are without prejudice to the M5Police (Overseas Service) Act 1945 and section 10 of the M6Overseas Development and Co-operation Act 1980.]

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Amendments (Textual)

F24S. 12A inserted (21.7.1994) by 1994 c. 29, ss. 50, 94(3)(b)

Marginal Citations

13 Watching of premises or land under agreement with occupier.S

(1)The police authority for any police area may enter into an agreement with the occupier of any premises or land in the area, on such terms as may be specified in the agreement, for the guarding, patrolling and watching of the premises or land by constables of the police force maintained for the area.

(2)The power conferred upon a police authority by subsection (1) of this section may be delegated by them, subject to such limitations and conditions as may be specified in the delegation, to the chief constable of the police force.

14 Extra policing of locality where works are being constructed.S

(1)Where—

(a)by reason of the construction of works on or over land in any part of a police area the number of people resident in that part of the area is temporarily increased to an abnormal extent, and

(b)the police authority for the area consider it expedient because of the circumstances aforesaid that the number of constables available for duty in that part of the area should be increased during the continuance of the said circumstances,

the police authority may direct the chief constable of the police force maintained for the area to make such arrangements as he considers necessary F25. . . for increasing the number of constables so available accordingly.

(2)Where such arrangements as are mentioned in subsection (1) of this section have been made, the police authority may recover from the occupier of the land (or, if the occupier proves that some other person is responsible for the construction of the works, from that other person) such sums representing the cost necessarily incurred in each year in pursuance of the arrangements as may be agreed, or as may be fixed by a single arbiter appointed (in default of agreement as to the appointment) by the [F26sheriff principal.]

(3)The provisions of this section shall be without prejudice to the provisions of section 17(3) of this Act.

(4)In this section [F26sheriff principal] does not include a [F26sheriff].

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Amendments (Textual)

F25Words in s. 14(1) repealed (13.12.1995) by 1994 c. 29, ss. 47(4), 93, Sch. 9 Pt. I; S.I. 1995/3003, art. 2, Sch.

F26Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

15 Annual and other reports by chief constable.S

(1)The chief constable of a police force shall before 31st [F27July] in each year submit to the police authority a [F28report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects,] the policing, during the [F29twelve months ending on 31st March in that year], of the area for which the force is maintained, and shall send a copy of the report to each of the other authorities specified in subsection (3) of this section.

(2)Subject to the following provisions of this section, the chief constable of a police force shall, whenever required by any of the authorities specified in subsection (3) of this section, submit to that authority a report on such matters as may be so required, being matters connected with the policing of the area for which the force is maintained.

(3)The authorities referred to in subsections (1) and (2) of this section are—

  • the Secretary of State,

  • the [F30sheriff principal] having jurisdiction in any part of the area . . . F31

  • the police authority.

(4)If it appears to the chief constable that a report in compliance with a requirement made by the police authority in pursuance of subsection (2) of this section would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the police authority, he may, after consultation with the police authority, refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

(5)Nothing in the foregoing provisions of this section shall require a chief constable to submit . . . F31 to any [F30sheriff principal] a report on matters which are not connected with the policing, . . . F31 of places in which the [F30sheriff principal] has jurisdiction.

(6)In this section [F30sheriff principal] does not include a [F30sheriff].

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Amendments (Textual)

F27Word in s. 15(1) substituted (1.1.1996) by 1994 c. 29, s. 51(a); S.I. 1994/3075, art. 4(1) (with art. 4(2))

F28Words in s. 15(1) substituted (1.1.1995) by 1994 c. 29, s. 51(b); S.I. 1994/3075, art. 2, Sch.

F29Words in s. 15(1) substituted (1.1.1996) by 1994 c. 29, s. 51(c); S.I. 1994/3075, art. 4(1) (with art. 4(2))

F30Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

16 Declaration to be made by constables on appointment.S

A person appointed to the office of constable of a police force shall on appointment make, before a sheriff, [F32or justice of the peace], a declaration in such terms as may be prescribed concerning the proper discharge of the duties of the office.

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Amendments (Textual)

General functions and jurisdiction of constablesE+W+S

17 General functions and jurisdiction of constables.S

(1)Subject to the provisions of this Act, it shall be the duty of the constables of a police force—

(a)to guard, patrol and watch so as—

(i)to prevent the commission of offences.

(ii)to preserve order, and

(iii)to protect life and property;

(b)where an offence has been committed (whether within or outwith the police area for which the police force is maintained) to take all such lawful measures, and make such reports to the appropriate prosecutor, as may be necessary for the purpose of bringing the offender with all due speed to justice;

(c)to serve and execute when required any warrant, citation or deliverance issued, or process duly endorsed, by a Lord Commissioner of Justiciary, sheriff, [F33or justice of the peace], being a warrant, citation, deliverance or process relating to any criminal proceeding;

(d)to attend any court of law for the purpose of giving evidence;

and without prejudice to the operation of [F34section 135(3) and (4) of the M7Criminal Procedure (Scotland) Act 1995] (bringing of apprehended person before court on first lawful day after arrest) it shall be the duty of any constable in carrying out his duties under paragraph (b) of this subsection to take every precaution to ensure that any person charged with an offence is not unreasonably and unnecessarily detained in custody.

(2)The performance by a constable of his functions under this or any other enactment or under any rule of law shall be subject to the direction of the appropriate chief constable.

(3)In directing the constables of a police force in the performance of their functions the appropriate chief constable shall comply with all lawful instructions (whether general or special) which he may receive—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 from the [F37sheriff principal] having jurisdiction in the place:

Provided that in relation to the investigation of offences the chief constable shall comply with such lawful instructions as he may receive from the appropriate prosecutor.

In this subsection [F37sheriff principal] does not include a [F37sheriff].

(4)Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland [F38and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters].

[F39(4A)A member of the British Transport Police Force who is for the time being required by virtue of section 11 or 12 of this Act to serve with a police force shall—

(a)have all the powers and privileges of a constable of that police force, and

(b)be subject to the direction of the chief constable of that force.]

(5)The foregoing provisions of this section shall not apply to any constable of a police force who is for the time being suspended from duty in accordance with any regulations made under Part II of this Act.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(7)In this section “appropriate chief constable”, in relation to any constable, means—

(a)if the constable is for the time being serving, in pursuance of the provisions of this Act relating to the mutual aid of police forces or to collaboration agreements [F41or of section 98 of the M8Police Act 1996 (cross-border aid of one police force by another)], with a police force other than that in which he holds his appointment, the chief constable of the first-mentioned force [F42or, if he is serving with the British Transport Police Force, the Chief Constable of that Force], and

(b)in any other case, the chief constable of the police force in which the constable holds his appointment.

[F43(7A)In this section—

  • powers” includes powers under any enactment, whenever passed or made;

  • United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.]

(8)This section shall be without prejudice to section 18 of this Act, and to any other enactment conferring powers on a constable for particular purposes.

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Amendments (Textual)

F34Words in s. 17(1) substituted (1.8.1997) by virtue of 1997 c. 48, s. 62(1), Sch. 1 para. 2(3)(a); S.I. 1997/1712, art. 3, Sch.

F37Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F38Words in s. 17(4) inserted (3.2.1995) by 1994 c. 33, s. 160(2)(a); S.I. 1995/127, art. 2(1), Sch. 1

Modifications etc. (not altering text)

Marginal Citations

F4418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F44S. 18 repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/127, art. 2(1), Sch. 1 Appendix C

AmalgamationsS

19 Schemes for amalgamation of police forces.S

(1)If it appears to the police authorities for any two or more police areas that it is expedient that those areas should be combined for police purposes, they may for that purpose submit to the Secretary of State a scheme (in this Act referred to as an “amalgamation scheme”) and the Secretary of State may by order approve any scheme so submitted to him.

(2)Subject to the provisions of this Act, an amalgamation scheme shall make provision with regard to the following matters—

(a)the dis-establishment of the police forces maintained for the several police areas, the establishment and maintenance of a police force for the combined area, the appointment of the first chief constable of that force, and the transfer to that force of constables of the forces previously maintained for the several police areas comprised in the combined area;

(b)the constitution for the purposes of paragraph (c) of this subsection in relation to that force of a [F45joint police board] consisting of such number of persons, being members of the constituent authorities, as may be specified in the scheme;

(c)the delegation to the [F45joint police board] of the whole functions relating to police of the constituent authorities (except their power to levy a rate, their functions under this section, and such other functions as may be specified in the scheme);

(d)the payment by the constituent authorities in such proportions as may be specified in the scheme of the expenditure [F46which the joint police board estimates will be incurred,] in the performance of the functions delegated to them;

[F47(e)arrangements for the carry-forward from one financial year (the “carry-forward year”) to the next by the joint police board of any money received by the board in respect of the carry-forward year from the constituent authorities under provision made under paragraph (d) above and remaining unspent at the end of the carry-forward year.]

(e) . . . F48

(3)The reference in subsection (2)(d) of this section to the expenditure [F49which the joint police board estimates will be incurred] is a reference to so much of the net [F50estimated] expenditure of the [F51board] as is not [F52provided for by a grant made to the board under section 32 of this Act].

[F53(3A)Provision made under subsection (2)(e) above shall secure—

(a)that the money carried forward by the joint police board shall not exceed three per cent. of the total of the money paid to the board by the constituent authorities in respect of the carry-forward year; and

(b)that, in the case mentioned in subsection (3B) below, money shall be carried forward only with the consent of the Scottish Ministers.

(3B)The case is where—

(a)any money carried forward from previous carry-forward years—

(i)by virtue of arrangements such as are mentioned in subsection (2)(e) above; and

(ii)under section 32(10A) of this Act,

and remaining unspent at the end of the carry-forward year;

(b)the money carried forward by virtue of arrangements such as are mentioned in that subsection; and

(c)any money carried forward under that section,

would, taken together, amount to more than the maximum sum.

(3C)In subsection (3B) above, “maximum sum”, in relation to a carry-forward year, means the amount equal to five per cent. of the sum of—

(a)the total amount of grant made under section 32 of this Act to the joint police board in respect of that year; and

(b)the total amount of money paid to the board by the constituent authorities in respect of that year.

(3D)The Scottish Ministers may, by order, substitute for the percentage mentioned in—

(a)subsection (3A)(a) above; or

(b)subsection (3C) above,

such other percentage as they think fit.

(3E)An order under subsection (3D) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3F)Paragraphs (d) and (e) of subsection (2) above are not to be taken as preventing the carrying forward of any money, being money already carried forward to a financial year under arrangements made under subsection (2)(e) above and remaining unspent at the end of that year, from that year to the next year and, if it remains unspent at the end of that next year, to the following year, and so on.]

(4)Subject to the provisions of this Act, an amalgamation scheme may make provision with regard to all or any of the following matters—

(a)the transfer of property, rights and liabilities;

(b)the adjustment of liabilities between the constituent authorities;

(c)the settlement of differences between the constituent authorities;

(d)the transfer to the [F45joint police board] of officers of any of the constituent authorities;

(e)the furnishing, on such terms and conditions as may be specified in the scheme, by one of the constituent authorities of any service connected with the administration of the police force maintained for the combined area;

(f)any other matters incidental to or consequential on the provisions contained in the scheme.

F54(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The expenses incurred by a constituent authority for the purpose of the payment to the [F45joint police board] of the expenditure referred to in subsection (2)(d) of this section shall be defrayed in like manner as expenses of that authority for the purposes of their functions relating to police would have required to be defrayed if the amalgamation scheme had not been made.

(7)[F55For the purposes of the M9Local Government Superannuation (Scotland) Regulations 1974] the appropriate superannuation fund in relation to the [F55pensionable employees] of a [F45joint police board] shall be the superannuation fund of such one of the constituent authorities as may be determined by or under the amalgamation scheme.

(8)Where an amalgamation scheme is to come into operation on a date subsequent to that on which it is approved, any appointment to be made, direction to be given or other thing to be done for the purposes of the scheme may be made, given or done at any time after the approval of the scheme so far as may be necessary for the purpose of bringing the scheme into operation on the first-mentioned date.

(9)In this Act, unless the context otherwise requires—

(a)any reference to a police area shall be construed as including a reference to a combined area; and

(b)in relation to a police force maintained for a combined area, any reference to the police authority shall be construed as a reference to the police authorities for the several police areas comprised in the combined area, without prejudice however to any delegation of functions to the [F45joint police board] by or under the amalgamation scheme.

[F56(10)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F45words in s. 19(2)(b)(c)(d)(3)(4)(d)(6)(7)(9)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(5)(a); S.I. 1996/323, art. 4(1)(b)(c)

F46Words in s. 19(2)(d) substituted (11.3.2002) by 2001 asp 15, s. 1(1)(a)(i); S.S.I 2002/84, art. 2

F49Words in s. 19(3) substituted (11.3.2002) by 2001 asp 15, s. 1(1)(b); S.S.I 2002/84, art. 2

F50Words in s. 19(3) inserted (11.3.2002) by 2001 asp 15, s. 1(1)(b); S.S.I. 2002/84, art. 2

Marginal Citations

[19AF57Incorporation of joint police boards.S

Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.]

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Amendments (Textual)

[20F58Power of Secretary of State to make amalgamation schemes.S

(1)If it appears to the Secretary of State that it is expedient in the interests of efficiency to make an amalgamation scheme for any police areas, he may, in accordance with the provisions of this section, make such amalgamation schemes, containing such provisions, as he considers appropriate.

(2)Without prejudice to the generality of subsection (1) above, but subject to section 19A of this Act, an amalgamation scheme under this section may provide—

(a)for the amalgamation of any two or more police areas into a combined area;

(b)for the alteration of an existing combined area by the addition to or deletion from it of any police area;

(c)for the establishment or re-establishment and maintenance of police forces for any police area or combined area resulting from the scheme;

(d)for the dissolution and winding up of any joint police board constituted under a pre-existing amalgamation scheme, or for the reconstitution of any such board;

(e)for the transfer or retransfer to such police forces as may be determined by the scheme of constables affected by the scheme;

(f)for the transfer or retransfer to such authorities as may be determined by the scheme of any officers, property, rights or liabilities affected by the scheme;

(g)for the doing of anything which is required to be done, or which may be done, in an amalgamation scheme made under section 19 of this Act; and

(h)for any other matters incidental to or consequential on the provisions of the scheme.

(3)Before making a scheme under this section which contains provision such as is mentioned in subsection (2)(a) or (b) above the Secretary of State shall—

(a)consult such police authorities as appear to him to be affected by the scheme; and

(b)where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.

(4)A scheme under this section shall be contained in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F58S. 20 substituted (1.4.1996) by 1994 c. 39, s. 35 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

21 Amendment and revocation of amalgamation scheme.S

[F59(1)An amalgamation scheme may be amended or revoked—

(a)in the case of a scheme made under section 19 of this Act, by a subsequent scheme made under that section or under section 20 of this Act; and

(b)in the case of a scheme made under section 20 or 21B of this Act, by a subsequent scheme made under section 20 of this Act,] and the foregoing provisions of this Act and the provisions of section 25 thereof and of Schedule 2 thereto shall, so far as applicable, have effect in relation to any such amending or revoking scheme subject to any necessary modifications and to the following provisions of this section.

(2)Without prejudice to the generality of the provisions of subsection (1) of this section, provision may be made by any such subsequent scheme—

(a)for the division of the combined area into any two or more areas, being either police areas comprised in the combined area or new combined areas constituted by the subsequent scheme, or for the inclusion in the combined area of any additional police area [F60or for the creation of any new combination of police areas;]

(b)for the establishment or re-establishment and maintenance of police forces for any areas into which the combined area is divided as aforesaid;

(c)for the dissolution and winding up of any [F61joint police board] constituted under the original scheme, or for the reconstitution of any [F62such police board];

(d)for the transfer or retransfer to such police forces as may be determined by the subsequent scheme of constables of the force maintained for the combined area;

(e)for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the [F61joint police board];

(f)for any other matters incidental to or consequential on the provisions of the subsequent scheme.

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Amendments (Textual)

F59Paras. (a)(b) and words substituted for words in s. 21(1) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(7)(a); S.I. 1996/323, art. 4(1)(b)(c)

F6321A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

[21BF64Reorganisation of police areas.S

(1)Subject to the provisions of this section, the police forces established and maintained for existing police areas in Scotland under this Act immediately prior to 1st April 1996 shall continue in existence on and after that date in accordance with the provisions of this section.

(2)The police forces for the existing police areas of Fife and Dumfries and Galloway shall be the police forces for the new police areas of the same names.

(3)The Secretary of State shall, before 1st April 1996, by order make amalgamation schemes amalgamating the police areas mentioned in the second column of the table below into the combined police areas mentioned in the first column of that table, and the police forces for the existing police areas shown in brackets in the first column shall be the police forces for the new combined police areas.

Table

Combined areaPolice areas comprised
Northern (Northern).Highland, Western Isles, Orkney Islands, Shetland Islands.
Grampian (Grampian).Aberdeenshire, Moray, City of Aberdeen.
Tayside (Tayside).Perthshire and Kinross, Angus, City of Dundee.
Central Scotland (Central Scotland).Stirling, Clackmannan, Falkirk.
Lothian and Borders (Lothian and Borders).City of Edinburgh, East Lothian, Midlothian, West Lothian, the Borders.
Strathclyde (Strathclyde).Argyll and Bute, Dumbarton and Clydebank, City of Glasgow, East Dunbartonshire, Inverclyde, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire.

(4)Subject to section 19A of this Act, an amalgamation scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an amalgamation scheme made by virtue of section 19 of this Act.

(5)Before making an amalgamation scheme under this section the Secretary of State shall—

(a)consult such police authorities as appear to him to be affected by the scheme; and

(b)where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.

(6)The schemes made by an order under this section shall not take effect before 1st April 1996, except in relation to—

(a)the constitution of joint police boards; and

(b)the carrying out by those boards of any functions necessary to bring the schemes into operation on that date.

(7)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F64It is provided that s. 21B is inserted (4.1.1995) by 1994 c. 39, s. 34; S.I. 1994/2850, art. 3(a), Sch. 2

22 Compensation of officers prejudicially affected by amalgamation scheme.S

(1)If in consequence of an amalgamation scheme or of anything done thereunder any person who, immediately before the date when the scheme came into operation, was an officer employed by a constituent authority or by a [F65joint police board], suffers direct pecuniary loss by reason of the determination of his employment or the diminution of his emoluments he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in operation, be entitled to receive compensation under this section from such constituent authority or [F65joint police board] as may be determined by or under that scheme.

(2)Any person who, immediately before the date on which an amalgamation scheme came into operation, was an officer employed by a constituent authority or by a [F65joint police board] and who, at any time within five years after the said date—

(a)has his services dispensed with or his emoluments reduced, otherwise than on the ground of misconduct, or

(b)relinquishes office by reason of his having been required to perform duties which are not analogous, or which are an unreasonable addition, to those which he was required to perform immediately before that date,

shall for the purposes of this section be deemed, unless the contrary is shown, to have suffered a direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments in consequence of the scheme.

(3)For the purposes of the determination and payment of compensation under this section the provisions of section 318 of, and Schedule 11 to, the M10Local Government (Scotland) Act 1947 (compensation of officers of local authorities on transfer of functions) shall be incorporated with this section subject to such modifications as the Secretary of State may prescribe for the purpose of adapting those provisions to claims under this section.

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Amendments (Textual)

Marginal Citations

[F6623 Chief constables affected by amalgamations or local government reorganisations.S

(1)If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—

(a)chief constable of the new force, or

(b)constable of any rank in any other police force which exists on that date,

he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.

(2)While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of [F67assistant] chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.

(3)A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act [F68and to subsection (3A) below], cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

[F69(3A)If a chief constable was appointed for a term which expires within three months of his becoming a constable of a police force by virtue of this section, subsection (3) above shall have effect as if the reference in it to three months were a reference to that term.]

(4)The provision to be made by regulations under section 24 of the M11Superannuation Act 1972 or section 219 of the M12Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the [F70M13Police Pensions Act 1976] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M14Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the [F70M15Police Pensions Act 1976] shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is affected by this section.

(5)The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

(6)In this section—

  • ”new force’ has the same meaning as it has for the purposes of Schedule 2 to this Act;

  • ”relevant authority’ means the police authority or, as the case may be, the [F71joint police board] responsible for the appointment of the chief constable of the relevant new force;

  • ”relevant new force’ means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.]

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Amendments (Textual)

F67Word in s. 23(2) substituted (1.4.1995) by 1994 c. 29, s. 53(2)(a); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F68Words in s. 23(3) inserted (1.4.1995) by 1994 c. 29, s. 53(2)(b); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F71Words in the definition of “relevant authority” in s. 23(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(9); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

24 Constables engaged on central service or on overseas police service. S

(1)Where, immediately before the date when the amalgamation scheme comes into operation, [F72a person is engaged in relevant service within the meaning of section 38A of this Act], that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the said date as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.

(2)Nothing in subsection (1) of this section shall be construed as entitling a person who has engaged for a period of [F73relevant] service to revert to the new force as the chief constable of that force; but where any person who immediately before he so engaged was the chief constable of a transferred force would but for this provision be so entitled to revert to the new force, then, if he does not join that force in some capacity other than that of chief constable at the end of his period of [F73relevant] service in pursuance of an agreement in that behalf made by him during that period, section 23(2) of this Act shall apply to him as if for any reference therein to the date when the amalgamation scheme came into operation there were substituted a reference to the end of his period of [F73relevant] service.

(3)In this section the expressions “transferred force” and “new force” have the same meanings as they have for the purposes of Schedule 2 to this Act, F74. . ..

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Amendments (Textual)

F72Words in s. 24(1) substituted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 63(4)(a), 94(3)(c); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F73Words in s. 24(2) substituted (1.4.1995) by 1994 c. 29, s. 63(4)(b); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F74Words in s. 24(3) repealed (1.4.1995) by 1994 c. 29, s. 63(4)(c), Sch. 9 Pt. I; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C3Power to apply s. 24 conferred by Overseas Service Act 1958 (c. 14), s. 5(2)

C5S. 24 modified by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 11

25 Transitory provisions. S

(1)The transitory provisions set out in Schedule 2 to this Act shall have effect for the purposes of the alterations effected by virtue of an amalgamation scheme.

(2)Where, immediately before the date on which an amalgamation scheme came into operation, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of the scheme, those proceedings may be carried on thereafter with the substitution, for that authority, of the authority to whom the property, rights or liabilities are transferred.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

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