Police (Scotland) Act 1967

39 Liability for wrongful acts of constables. S

(1) The chief constable of a police force shall be liable in [F1 for any unlawful conduct] on the part of any constable under his general direction in the performance or purported performance of his functions in like manner as a master is so liable [F2 for any unlawful conduct] on the part of his servant in the course of the servant’s employment.

(2) The police authority shall pay—

(a) any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required in connection with the settlement of any claim made against the chief constable of a police force by virtue of this section, if the settlement is approved by the police authority.

(3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief constable for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief constable; and references in the foregoing provisions of this section to the chief constable shall be construed accordingly.

(4) The police authority may, in such cases and to such extent as they think fit, pay any damages or expenses awarded against a constable of the police force maintained for their area, or any constable for the time being required to serve with that force by virtue of section 11 of this Act [F3 F4 . . . section 98 of the Police Act 1996][F5 or section 23 of the Police Act 1997], in proceedings arising from any [F6 unlawful conduct] on the part of that constable, any expenses incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

[F7 (5) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable of a police force as if—

(a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the police authority were unlawful conduct of a constable under the direction and control of the chief constable of that force; and

(b) subsection (4) applied, in the case of the police authority maintaining that force, to every member of that team to whom it would not apply apart from this subsection.

(6) In this section “international joint investigation team” means any investigation team formed in accordance with—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.

(7) A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:

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Amendments (Textual)

F1 Words in s. 39(1) substituted (1.10.2002) by 2002 c. 30, s. 102(7)(a); S.S.I. 2002/420, art. 2

F2 Words in s. 39(1) substituted (1.10.2002) by 2002 c. 30, s. 102(7)(b); S.S.I. 2002/420, art. 2

F3 Words in s. 39(4) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 15

F4 Word in s. 39(4) repealed (1.4.1998) by 1996 c. 16, s. 134(2), Sch. 10; S.I. 1998/354, art. 2(1)(2)(ay)(bc)

F5 Words in s. 39(4) inserted (1.4.1998) by 1996 c. 16, s. 134(1), Sch. 9 para. 15; S.I. 1998/354, art. 2(1)(2)(ay)(bb)

F6 Words in s. 39(4) substituted (1.10.2002) by 2002 c. 30, s. 102(8); S.S.I. 2002/420, art. 2

F7 S. 39(5)-(7) inserted (1.10.2002) by 2002 c. 30, s. 103(4); S.S.I. 2002/420, art. 2

Modifications etc. (not altering text)

C1 S. 39 excluded (prosp.) by 1994 c. 37, s. 51A(2B) (as inserted (prosp.) by 2002 c. 30, ss. 95(4), 108(2))