Part I Organisation of Police Forces
F13The metropolitan police and forces outside London
6AF14 Three-year strategy plans
1
Every police authority maintaining a police force for a police area in England and Wales shall, before the beginning of every relevant three-year period, issue a plan (“a three-year strategy plan”) which sets out the authority’s medium and long term strategies for the policing of that area during that period.
2
Before a three-year strategy plan for any period is issued by a police authority, a draft of a plan setting out medium and long term strategies for the policing of the authority’s area during that period must have been—
a
prepared by the chief officer of police of the police force maintained by that authority; and
b
submitted by him to the police authority for its consideration.
3
In preparing the draft plan, the chief officer of police of a police force shall have regard to the views, obtained in accordance with arrangements under section 96, of people in the police area in question.
4
A police authority which has issued a three-year strategy plan for any period may modify that plan at any time during that period.
5
It shall be the duty, in issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, of every police authority or chief officer of police to have regard to the National Policing Plan in force at that time.
6
The Secretary of State —
a
shall issue guidance to police authorities and chief officers of police as to the matters to be contained in any three-year strategy plan, and as to the form to be taken by any such plan; and
b
may from time to time revise and modify that guidance;
and it shall be the duty of every police authority and chief officer of police to take account of any guidance under this subsection when issuing, preparing or modifying any such plan or any draft plan prepared for the purposes of subsection (2).
7
Before issuing or revising any guidance under subsection (6) the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
8
A police authority which is proposing to issue or modify any plan under this section shall submit that plan, or the modifications, to the Secretary of State.
9
Where a police authority issues a three-year strategy plan or modifies such a plan, it shall—
a
send a copy of the plan or the modified plan to the Secretary of State; and
b
cause the plan or modified plan to be published;
and the copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.
10
If the Secretary of State considers that there are grounds for thinking that—
a
a police authority’s three-year strategy plan, or
b
any proposals by a police authority for such a plan, or for the modification of such a plan,
may not be consistent with any National Policing Plan applicable to a financial year wholly or partly comprised in the period to which the strategy plan applies, he shall, before informing the police authority of his conclusions on whether or not it is in fact so inconsistent, consult with the persons mentioned in subsection (11).
11
Those persons are—
a
the police authority in question;
b
the chief officer of police of the police force maintained by that authority;
c
persons whom the Secretary of State considers to represent the interests of police authorities; and
d
persons whom the Secretary of State considers to represent the interests of chief officers of police.
12
Before a police authority—
a
issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the chief officer of police of the force maintained by that authority, or
b
modifies its three-year strategy plan,
it shall consult with that chief officer.
13
Any best value performance plan prepared by a police authority under section 6 of the Local Government Act 1999 (c. 27) for any financial year must be consistent with any three-year strategy plan which sets out the authority’s current strategies for policing its area during any period which includes the whole or any part of that financial year.
14
The Secretary of State may by regulations make provision for—
a
the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section; and
b
the periods which are to constitute relevant three-year periods for the purposes of this section;
and those regulations may provide for a period of less than three years to be the first period treated as a relevant three-year period for the purposes of this section.
15
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9AF1 General functions of the Commissioner of Police of the Metropolis.
1
The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.
2
In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.
9BF2 Appointment of Commissioner of Police of the Metropolis.
1
There shall be a Commissioner of Police of the Metropolis.
2
Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.
3
A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.
4
Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.
5
Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—
a
any recommendations made to him by the Metropolitan Police Authority; and
b
any representations made to him by the Mayor of London.
6
Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.
9CF3 Functions of Deputy Commissioner of Police of the Metropolis.
1
The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—
a
during any absence, incapacity or suspension from duty of the Commissioner,
b
during any vacancy in the office of the Commissioner, or
c
at any other time, with the consent of the Commissioner.
2
The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.
3
The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.
9DF4 Appointment of Deputy Commissioner of Police of the Metropolis.
1
There shall be a Deputy Commissioner of Police of the Metropolis.
2
Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.
3
A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.
4
Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.
5
Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—
a
any recommendations made to him by the Metropolitan Police Authority; and
b
any representations made to him by the Commissioner.
6
In this section—
“the Commissioner” means the Commissioner of Police of the Metropolis;
“Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.
9EF5 Removal of Commissioner or Deputy Commissioner.
1
The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.
2
Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.
3
Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.
4
This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.
5
This section is without prejudice to—
a
section 9B(3),
b
section 9D(3),
c
any regulations under section 50, or
d
any regulations under the M1Police Pensions Act 1976.
9FF6 Assistant Commissioners of Police of the Metropolis.
1
The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).
2
Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
3
Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.
4
Subsection (3) is without prejudice to—
a
any regulations under section 50, or
b
any regulations under the M2Police Pensions Act 1976.
5
An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.
6
Subsection (5) is without prejudice to any regulations under section 50.
9FAF7 Appointment and removal of Deputy Assistant Commissioners
1
The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”).
2
Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
3
Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis.
4
Subsection (3) of this section is without prejudice to—
a
any regulations under section 50, or
b
any regulations under the Police Pensions Act 1976 (c. 35).
9GF8 Commanders.
1
The ranks that may be held in the metropolitan police force shall include that of Commander.
2
Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
3
Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.
4
Subsection (3) is without prejudice to—
a
any regulations under section 50, or
b
any regulations under the M3Police Pensions Act 1976.
9HF9 Other members of the metropolitan police force.
1
The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.
2
The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—
a
Commissioner of Police of the Metropolis,
b
Deputy Commissioner of Police of the Metropolis,
c
Assistant Commissioner of Police of the Metropolis, and
d
Commander,
those of superintendent, chief inspector, inspector, sergeant and constable.
3
In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.
11AF10 Appointment and removal of deputy chief constables
1
Every police force maintained under section 2 shall have a deputy chief constable.
2
The appointment of a person to be the deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force, but only after consultation with the chief constable and subject to the approval of the Secretary of State.
3
Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable.
12AF11 Power of deputy to exercise functions of chief constable
1
A deputy chief constable of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—
a
during any absence, incapacity or suspension from duty of the chief constable,
b
during any vacancy in the office of the chief constable, or
c
at any other time, with the consent of the chief constable.
2
A police authority responsible for maintaining a police force may designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable of that force—
a
during any absence, incapacity or suspension from duty of both the chief constable and the deputy chief constable, or
b
during any vacancy in the offices of both the chief constable and the deputy chief constable.
3
Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2).
4
The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.
5
The provisions of subsections (1) and (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.
20AF12 Questions on metropolitan police matters at London Assembly meetings.
1
The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.
2
On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.
Ss. 5A-5C and headings inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6