42 Removal of chief constables, etc.E+W
(1)The Secretary of State may require a police authority to exercise its power under section 11 to call upon the chief constable to retire in the interests of efficiency or effectiveness.
(2)Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to [F1a deputy chief constable or] an assistant chief constable, the Secretary of State shall give the chief constable [F2, the deputy chief constable or, as the case may be, the assistant chief constable] an opportunity to make representations to him and shall consider any representations so made.
(3)Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the exercise of the power mentioned in subsection (1) shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.
(4)The costs incurred by a chief constable[F3, deputy chief constable] or assistant chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.
[F4(5)This section shall apply to the power of the Metropolitan Police Authority under section 9E to call upon—
(a)the Commissioner of Police of the Metropolis,
(b)the Deputy Commissioner of Police of the Metropolis,
(c)an Assistant Commissioner of Police of the Metropolis,
[F5(ca)a Deputy Assistant Commissioner of Police of the Metropolis, or]
(d)a Commander in the metropolitan police force,
to retire in the interests of efficiency or effectiveness as it applies to the power of a police authority under section 11.]
Textual Amendments
F1Words in s. 42(2) inserted (1.1.2002) by 2001 c. 16, s. 123(3)(a)(i); S.I. 2001/3736, art. 3(a)
F2Words in s. 42(2) substituted (1.1.2002) by 2001 c. 16, s. 123(3)(a)(ii); S.I. 2001/3736, art. 3(a)
F3Words in s. 42(4) inserted (1.1.2002) by 2001 c. 16, s. 123(3)(b); S.I. 2001/3736, art. 3(a)
F4S. 42(5) inserted (3.7.2000) by 1999 c. 27, s. 325, Sch. 27 para. 90 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F5S. 42(5)(ca) substituted (1.1.2002) for word “or" by 2001 c. 16, s. 122(3); S.I. 2001/3736, art. 3(a)