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MiscellaneousE+W+S+N.I.

96 Arrangements for obtaining the views of the community on policing.E+W

(1)Arrangements shall be made for each police area for obtaining—

(a)the views of people in that area about matters concerning the policing of the area, and

(b)their co-operation with the police in preventing crime in that area.

(2)Except as provided by [F1subsections (6)], arrangements for each police area shall be made by the police authority after consulting the chief constable [F2or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,] as to the arrangements that would be appropriate.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Common Council of the City of London shall issue guidance to the Commissioner of Police for the City of London concerning arrangements for the City of London police area; and the Commissioner shall make arrangements under this section after taking account of that guidance.

(7)A body or person whose duty it is to make arrangements under this section shall review the arrangements so made from time to time.

(8)If it appears to the Secretary of State that arrangements for a police area are not adequate for the purposes set out in subsection (1), he may require the body or person whose duty it is to make arrangements for that area to submit a report to him concerning the arrangements.

(9)After considering a report submitted under subsection (8), the Secretary of State may require the body or person who submitted it to review the arrangements and submit a further report to him concerning them.

(10)A body or person whose duty it is to make arrangements shall be under the same duties to consult when reviewing arrangements as when making them.

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Amendments (Textual)

[F496A National and international functions of the metropolitan police.E+W

(1)The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

(2)If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—

(a)to the standard specified in any agreement in force under subsection (1), or

(b)if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.

(3)The Metropolitan Police Authority shall comply with any directions given under subsection (2).

(4)For the purposes of this section “national or international functions” means functions relating to—

(a)the protection of prominent persons or their residences,

(b)national security,

(c)counter-terrorism, or

(d)the provision of services for any other national or international purpose.]

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Amendments (Textual)

[F596B National and international functions: application of requirements relating to reports etc.E+W

(1)In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.

(2)In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

(3)In its application to the Metropolitan Police Authority, section 8 shall have effect as if—

(a)the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and

(b)the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.

(4)In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

(5)In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.

(6)Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.

(7)Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.]

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Amendments (Textual)

97 Police officers engaged on service outside their force.E+W

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 26;

[F6(aa)temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;]

(b)temporary service under section 56 on which a person is engaged with the consent of the appropriate authority;

(c)temporary service under the Crown in connection with the provision by the Secretary of State of—

(i)such organisations and services as are described in section 57, or

(ii)research or other services connected with the police,

on which a person is engaged with the consent of the appropriate authority;

[F7(ca)temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority;

(cb)temporary service with the National Crime Squad on which a person is engaged with the consent of the appropriate authority;

(cc)temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority;]

[F8(cd)temporary service with the Central Police Training and Development Authority on which a person is engaged with the consent of the appropriate authority;]

[F9(cd)temporary service with the Assets Recovery Agency on which a person is engaged with the consent of the appropriate authority;]

(d)temporary service as an adviser to the Secretary of State on which a person is engaged with the consent of the appropriate authority;

(e)service the expenses of which are payable under section 1(1) of the M1Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority;

[F10(ea)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;]

(f)service in the [F11Police Service of Northern Ireland], on which a person is engaged with the consent of the Secretary of State and the appropriate authority; F12. . .

(g)service pursuant to an appointment under section 10 of the M2Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.[F13, or

(h)service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.]

(2)In subsection (1) “appropriate authority”, in relation to a member of a police force, means the chief officer of police acting with the consent of the police authority, except that in relation to the chief officer of police it means the police authority.

(3)Subject to subsections (4) to (8), a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M3Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 50 above fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(e) refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M4Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A member of a police force who—

(a)has completed a period of relevant service within paragraph (a), [F14 (aa), ] (b), (c), [F15(ca), (cb), (cc),][F16(cd),] [F17 (cd)] (d) [F18, (g) or (h)] of subsection (1), or

(b)while engaged on relevant service within paragraph (e) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph [F19(ea) or] (f) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with section 50(3) for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 85 shall apply accordingly.

(7)For the purposes of subsection (6) a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection, it is given by or on behalf of [F20the Police Ombudsman for Northern Ireland or (as the case may be)]the chief constable of the [F21Police Service of Northern Ireland], or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

(8)A member of a police force engaged on relevant service within paragraph [F22 (aa), ] (b), (c) [F23, (ca), (cb), (cc),][F16(cd),] [F24(cd)] or (d) of subsection (1)—

(a)shall continue to be a constable, and

(b)shall be treated for the purposes of sections 30, 59, 60, 64 and 90 as if he were a member of his police force.

(9)The Secretary of State shall be liable in respect of [F25any unlawful conduct of] a member of a police force engaged on relevant service within paragraph (b), (c) or (d) of subsection (1) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in [F26, in the case of a tort,] be treated for all purposes as a joint tortfeasor.

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Amendments (Textual)

F7S. 97(1)(ca)-(cc) inserted (31.10.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 86(2); S.I. 1997/2390, art. 2(2)(u)

F8S. 97(1)(cd) inserted (1.4.2002) by 2001 c. 16, ss. 102, 138(2), Sch. 4 para. 7(3)(a); S.I. 2002/533, art. 2(d)

F9S. 97(1)(cd) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 30(2); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F10S. 97(1)(ea) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(3); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F11Words in s. 97(1)(f) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.

F13S. 97(1)(h) and preceding word inserted (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 3 para. 11(2) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F15Words in s. 97(6)(a) inserted (31.10.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 86(3); S.I. 1997/2390, art. 2(2)(u)

F16Words in s. 97(8) inserted (1.4.2002) by 2001 c. 16, ss. 102, 138(2), Sch. 4 para. 7(3)(b); S.I. 2002/533, art. 2(d)

F17Words in s. 97(6)(a) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 30(3); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F19Words in s. 97(6)(c) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(4); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F20Words in s. 97(7)(b) inserted (9.2.1999 and 21.2.2003) by 1998 c. 32, s. 74(1), Sch. 4 para. 20(5); S.R. 1999/48, art. 3 (with art. 4); S.R. 2003/142, art. 3

F21Words in s. 97(7)(b) substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 12(3); S.R. 2001/396, art. 2, Sch.

F23Words in s. 97(8) inserted (31.10.1997) by 1997 c. 50, s. 134(1), Sch.9 para. 86(4); S.I. 1997/2390, art. 2(2)(u)

F24Words in s. 97(8) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 30(4); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

Marginal Citations

M19 & 10 Geo. 6 c. 17.

M49 & 10 Geo. 6 c. 17.

98 Cross-border aid of one police force by another.E+W+S+N.I.

(1)The chief officer of police of a police force in England or Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the [F27Police Service of Northern Ireland], provide constables or other assistance for the purpose of enabling the Scottish force or the [F27Police Service of Northern Ireland] to meet any special demand on its resources.

(2)The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England or Wales F28. . . the chief constable of the [F27Police Service of Northern Ireland][F29or the Director General of the National Crime Squad], provide constables or other assistance for the purpose of enabling the English or Welsh force or the [F27Police Service of Northern Ireland][F29or the National Crime Squad] to meet any special demand on its resources.

(3)The chief constable of the [F27Police Service of Northern Ireland] may, on the application of the chief officer of police of a police force in England or Wales or the chief officer of a police force in Scotland [F30or the Director General of the National Crime Squad], provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force [F30or the National Crime Squad] to meet any special demand on its resources.

[F31(3A)The Director General of the National Crime Squad may, on the application of the chief officer of a police force in Scotland or the Chief Constable of the [F27Police Service of Northern Ireland], provide constables or other assistance for the purpose of enabling the Scottish force or the [F27Police Service of Northern Ireland] to meet any special demand on its resources.]

(4)If it appears to the Secretary of State—

(a)to be expedient in the interests of public safety or order that a police force [F32or the National Crime Squad]should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and

(b)that satisfactory arrangements under subsection (1), (2) [F33, (3) or (3A)] cannot be made, or cannot be made in time,

he may direct the chief officer of police of any police force in England or Wales, the chief officer of any police force in Scotland or the chief constable of the [F27Police Service of Northern Ireland][F32or the Director General of the National Crime Squad], as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.

(5)While a constable is provided under this section for the assistance of another police force [F34or the National Crime Squad]he shall, notwithstanding any enactment,—

(a)be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the [F27Police Service of Northern Ireland][F34or the National Crime Squad], of its chief officer or the chief constable of the [Police Service of Northern Ireland][F34or the Director General of the National Crime Squad]respectively); and

(b)have in any place the like powers and privileges as a member of that other force has in that place as a constable.

(6)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.

[F35(6A)For the purposes of subsection (6), the Service Authority for the National Crime Squad shall be treated as a police authority and the National Crime Squad as the police force maintained by it.]

(7)In the application of this section to Scotland, any expression used in this section and in the M5Police (Scotland) Act 1967 shall have the same meaning in this section as in that Act.

[F36(8)Constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000.]

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Amendments (Textual)

F33Words in s. 98(4)(b) substituted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 87(5)(b); S.I. 1998/354. art. 2(2)(ay)

F36S. 98(8) substituted (4.11.2001) for s. 98(8)(9) by 2000 c. 32, s. 74, Sch. 6 para. 12(5); S.R. 2001/396, art. 2, Sch.

Marginal Citations

99 Jurisdiction of metropolitan police officers.S+N.I.

(1)A member of the metropolitan police force who is assigned to the protection of any person or property in Scotland shall, in the discharge of that duty, have the powers and privileges of a constable of a police force maintained under the Police (Scotland) Act 1967.

(2)A member of the metropolitan police force who is assigned to the protection of any person or property in Northern Ireland shall, in the discharge of that duty, have the powers and privileges of a constable of the Royal Ulster Constabulary.

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Extent Information

E1S. 99(1) extends to S. only and s. 99(2) extends to N.I. only

100 Chief constables affected by police area alterations or local government reorganisations.E+W

(1)If the chief constable of a police force which ceases to exist in consequence of an order under section 32 above, section 58 of the M6Local Government Act 1972 or section 17 of the M7Local Government Act 1992 is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

(2)While a person is a member of a police force by virtue only of this section he shall hold the rank of assistant chief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 10(1).

(3)A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under section 50, cease to be a member of that force at the end of three months unless he has then accepted and taken up an appointment in that force.

(4)If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.

(5)Where—

(a)the chief constable of a police force is engaged for a period of relevant service within paragraph (b), (c), (d) or (e) of section 97(1), and

(b)before the end of that period that force ceases to exist as mentioned in subsection (1) above,

subsection (1) shall apply to the chief constable as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period.

(6)In this section—

(a)successor force”, in relation to a police force which ceases to exist in consequence of an order, means a force to which members of that police force are transferred by virtue of the order; and

(b)date of transfer” means the date as from which those members are so transferred.

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