Police Act 1996

General provisions E+W

22 Reports by chief constables to police authorities. E+W

(1) Every [F1 chief officer of police of a police force] shall, as soon as possible after the end of each financial year, submit to the police authority a general report on the policing during that year of the area for which his force is maintained.

(2) A [F1 chief officer]shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

(3) The [F1 chief officer of police] of a police force shall, whenever so required by the police authority, submit to that authority a report on such matters as may be specified in the requirement, being matters connected with the policing of the area for which the force is maintained.

(4) A report submitted under subsection (3) shall be in such form as the police authority may specify.

(5) If it appears to the [F1 chief officer] that a report in compliance with subsection (3) 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 request that authority to refer the requirement to submit the report 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.

(6) The police authority may arrange, or require the [F1 chief officer]to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the authority to be appropriate.

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 22(1)(2)(3)(5)(6) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27, para. 79(2)-(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F2 S. 22(7) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 79(6), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F3 23 Police force collaboration agreements E+W

(1) The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.

(2) An agreement may, in particular, provide—

(a) for the joint discharge of functions by members of police forces;

(b) for members of a police force to discharge functions in another force's area;

(c) for members of a police force to be provided to another force.

(3) An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.

(4) An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

(5) A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

(6) A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.

(7) In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.

(8) An agreement under this section is referred to in this Part as a police force collaboration agreement.]

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

[F3 23A Police authority collaboration agreements E+W

(1) Two or more police authorities may make an agreement about the provision of support—

(a) for any of those police authorities;

(b) for any of the police forces maintained by them.

(2) An agreement may, in particular, provide—

(a) for support to be provided jointly by two or more authorities;

(b) for support to be provided for two or more authorities or forces jointly;

(c) for an authority to provide support to another authority or to a force maintained by another authority.

(3) In this section references to the provision of support include, in particular, the provision of—

(a) premises;

(b) equipment;

(c) staff;

(d) services;

(e) facilities.

(4) A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer.

(5) A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.

(6) Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.

(7) An agreement under this section is referred to in this Part as a police authority collaboration agreement.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23B Collaboration agreements: payments E+W

(1) A collaboration agreement may provide for payments between relevant police authorities.

(2) Provision under subsection (1) may, in particular—

(a) specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined;

(b) specify the amount of any payment or the manner in which it is to be determined.

(3) A relevant police authority must make any payments required by provision made under subsection (1).

(4) “Relevant police authority”—

(a) in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and

(b) in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement.

(5) In this Part “collaboration agreement” means—

(a) a police force collaboration agreement, or

(b) a police authority collaboration agreement.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23C Collaboration agreements: consultation and supplemental E+W

(1) A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties.

(2) A collaboration agreement must be in writing.

(3) A collaboration agreement may make different provision for different cases or circumstances.

(4) A collaboration agreement may be varied by a subsequent collaboration agreement.

(5) A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23D Collaboration agreements: accountability E+W

(1) Where a chief officer makes a police force collaboration agreement, the police authority responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a) is acting under the terms of the agreement, and

(b) while so acting, is under the direction and control of the chief officer.

(2) Before approving an agreement as mentioned in section 23(6), a police authority must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3) When deciding what arrangements to make, the police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement.

(4) The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23E Collaboration agreements: publication E+W

(1) A person who makes a collaboration agreement must—

(a) publish the agreement, or

(b) publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2) In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1).

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23F Collaboration agreements: guidance E+W

(1) The Secretary of State may give chief officers or police authorities guidance about collaboration agreements or related matters.

(2) In discharging their functions, chief officers and police authorities must have regard to the guidance.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23G Collaboration agreements: directions E+W

(1) The Secretary of State may give chief officers or police authorities directions about collaboration agreements or related matters.

(2) A direction may be given to—

(a) one or more chief officers;

(b) one or more police authorities.

(3) A person to whom a direction is given must comply with it.

(4) A direction may, in particular—

(a) require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b) require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(c) require two or more persons to consider making a collaboration agreement of a specified description;

(d) specify terms to be included, or not to be included, in collaboration agreements.

(5) A direction may relate to—

(a) a particular agreement,

(b) agreements of a particular description, or

(c) agreements in general.

(6) Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23H Collaboration agreements: termination by Secretary of State E+W

(1) The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

(2) A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

(3) Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23I Collaboration agreements: definitions E+W

(1) This section has effect for the purposes of sections 23 to 23H.

(2) “Police force” includes—

(a) the British Transport Police Force, and

(b) the Civil Nuclear Constabulary.

(3) “Chief officer” means—

(a) in relation to the British Transport Police Force, the Chief Constable of the force,

(b) in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(c) in relation to any other police force, the chief officer of police of that force.

(4) “Police authority” includes—

(a) the British Transport Police Authority, and

(b) the Civil Nuclear Police Authority.]

Textual Amendments

F3 Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

24 Aid of one police force by another. E+W

(1) The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

(2) If it appears to the Secretary of State 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) cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

(3) While a constable is provided under this section for the assistance of another police force he shall, notwithstanding [F4 sections 9A(1) and 10(1)], be under the direction and control of the chief officer of police of that other force.

[F5 (3A) While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.]

(4) The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

[F6 (4A) This section shall apply in relation to the British Transport Police Authority, the British Transport Police Force and the Chief Constable of that Force as it applies to a police authority, a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to section 10(1) shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.]

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in s. 24(3) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 22; S.I. 2007/709, art. 3(c) (with art. 6)

F5 S. 24(3A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 17; S.I. 2007/709, art. 3(c) (with art. 6)

F6 S. 24(4A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(4)(b)

F7 S. 24(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 70, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)

Modifications etc. (not altering text)

C1 S. 24 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

25 Provision of special services. E+W+S

(1) The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority.

[F8 (1A) The Chief Constable of the British Transport Police Force may provide special police services at the request of any person, subject to the payment to the [F9 British Transport Police Authority] of charges on such scales as may be determined by that Authority.]

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

Textual Amendments

F8 S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23

F9 Words in s. 25(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(1)(c)

Modifications etc. (not altering text)

C2 S. 25 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

26 Provision of advice and assistance to international organisations etc. E+W

(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 officer of police for its area.

(2) The power conferred on a police authority by subsection (1) includes a power to make arrangements under which a member of the police force maintained by 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) 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) may be given subject to such conditions as appear to the Secretary of State to be appropriate.

(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 or assistance provided by it under this section.

F10 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The provisions of this section are without prejudice to the M1 Police (Overseas Service) Act 1945 F11 . . . .

Textual Amendments

F10 S. 26(7) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 81, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F11 Words in s. 26(8) repealed (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

Marginal Citations

M1 9 & 10 Geo. 6 c. 17.

27 Special constables. E+W

(1) The chief officer of police of the police force maintained for a police area may, in accordance with regulations under section 51, appoint special constables for that area.

(2) Subject to [F12 provision included in a police force collaboration agreement by virtue of section 23(4),] [F13 section 24(3) and] regulations under section 51, all special constables appointed for a police area shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

Textual Amendments

F12 Words in s. 27(2) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 6; S.I. 2010/507, art. 4(c)

F13 Words in s. 27(2) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 23; S.I. 2007/709, art. 3(c) (with art. 6)

28 Police cadets. E+W

(1) The chief officer of police of a police force may, in accordance with regulations under section 52, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

(2) Subject to regulations under section 52, all police cadets shall be under the control of, and subject to dismissal by, the chief officer of police.

(3) Without prejudice to subsection (2), for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, the police authority that maintains a police force shall be treated as the employer of any police cadets undergoing training with the force.

F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 28(4) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 82, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

29 Attestation of constables. E+W

Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F16 . . . before a justice of the peace having jurisdiction within the police area.

Textual Amendments

F15 S. 29(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F16 Words in s. 29(b) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Modifications etc. (not altering text)

C3 S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 24(3); S.I. 2004/1572, art. 3(g)

C4 S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 25(3); S.I. 2004/1572, art. 3(h)

C5 S. 29 applied (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 51(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

30 Jurisdiction of constables. E+W

(1) A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

[F17 (2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (3A) A member of the British Transport Police Force who is for the time being required by virtue of [F20 section 24] to serve with a police force maintained by a police authority shall have all the powers and privileges of a member of that police force.]

[F21 (3B) Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a police force collaboration agreement under section 23, the member shall have all the powers and privileges of a member of that other force.

(3C) In subsection (3B), “police force” and “chief officer” have the meanings given by section 23I.]

F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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 the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

(6) This section is without prejudice to—

(a) sections 98 and 99 below, and

(b) any other enactment conferring powers on constables for particular purposes.

Textual Amendments

F17 S. 30(2) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(2); S.I. 2007/709, art. 3(c) (with art. 6)

F18 S. 30(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

F19 S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24

F20 Words in s. 30(3A) substituted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 7(a); S.I. 2010/507, art. 4(c)

F21 S. 30(3B)(3C) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 7(b); S.I. 2010/507, art. 4(c)

F22 S. 30(4) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

Modifications etc. (not altering text)

C6 S. 30 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

31 Rewards for diligence. E+W

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.