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Police and Magistrates' Courts Act 1994

Status:

This is the original version (as it was originally enacted).

5Chief constables

For section 5 of the 1964 Act there shall be substituted—

5General functions of chief constables

(1)A police force maintained under section 2 of this Act shall be under the direction and control of the chief constable appointed under section 5A.

(2)In discharging his functions, every chief constable shall have regard to the local policing plan issued by the police authority for his area under section 4B of this Act.

5AAppointment and removal of chief constables

(1)The chief constable of a police force maintained under section 2 of this Act shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under Part II of this Act.

(2)Without prejudice to any regulations under Part II of this Act or under the [1976 c. 35.] Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency or effectiveness.

(3)Before seeking the approval of the Secretary of State under subsection (2) of this section, the police authority shall give the chief constable an opportunity to make representations and shall consider any representations that he makes.

(4)A chief constable who is called upon to retire under subsection (2) of this section shall retire on such date as the police authority may specify or on such earlier date as may be agreed upon between him and the authority.

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