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Police Reform Act 2002

Section 26: Forces maintained otherwise than by police authorities

163.Subsection (1) gives power to both the Commission and an authority, other than a police authority, which maintains a body of constables to enter into an agreement with each other to establish procedures similar to that provided for in this Part to deal with complaints and other conduct matters in relation to that body of constables.

164.Subsection (2) gives the Secretary of State power to provide by order for the establishment and maintenance of procedures to deal with complaints about the conduct of members of a body of constables, whether or not such procedures are already in place in relation to that body of constables under this section or any of its predecessors. Any existing procedures for the body of constables to which the order relates will be superseded by the procedures established under the order. Subsection (3) ensures that the Secretary of State will issue such regulations in respect of the British Transport Police and the Ministry of Defence Police. Subsection (5) ensures that the provision of section 36(1)(a) of this Act can also be applied to non-Home Office forces. Subsection (7) requires the Secretary of State to consult the Commission and the authority that maintains that body of constables before making the order. Subsection (8) limits the coverage of such procedures to England and Wales. If that body of constables’ powers and responsibilities extends into Scotland and Northern Ireland, the authority for that body will need to make separate arrangements under existing provisions for Scotland and Northern Ireland.

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