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Ministry of Defence Police Act 1987

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Version Superseded: 09/03/2004

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1 The Ministry of Defence Police.E+W+S+N.I.

(1)There shall be a police force to be known as the Ministry of Defence Police and consisting—

(a)of persons nominated by the Secretary of State; and

(b)of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act M1 1923 on the nomination of the Defence Council.

(2)A person nominated under subsection (1) above shall—

(a)in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under [F1the Police Act 1996] before a justice of the peace;

(b)in Scotland make the declaration required of a person on appointment to the office of constable of a police force maintained under the Police (Scotland) Act M2 1967 before a person before whom such a declaration may be made by a person appointed to that office; and

(c)in Northern Ireland be attested as a constable by [F2making the declaration] required of a member of the Royal Ulster Constabulary before a justice of the peace.

(3)The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.

(4)The Secretary of State shall have power—

(a)to suspend a member of the Ministry of Defence Police from duty; and

(b)to terminate a person’s membership.

(5)The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee, to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require and may make regulations concerning membership and the procedure of the Committee.

(6)The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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F1Words in s. 1(2)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 41

F2Words in s. 1(2)(c) substituted (9.2.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 16; S.R. 1999/48, art. 3 (with art. 4)

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