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Police (Scotland) Act 1967

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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)

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