Railways and Transport Safety Act 2003

23Assistant Chief Constables

This section has no associated Explanatory Notes

(1)The Authority shall appoint at least one assistant Chief Constable.

(2)An appointment under subsection (1) may be made only—

(a)with the approval of the Secretary of State, and

(b)in accordance with regulations under section 36.

(3)The Authority may permit an assistant Chief Constable to perform a function of the Chief Constable—

(a)while the Chief Constable and the deputy Chief Constable are unable to act or unavailable, or

(b)during a vacancy in the offices of Chief Constable and deputy Chief Constable.

(4)Permission under subsection (3) may not have effect for a continuous period exceeding three months without the consent of the Secretary of State.

(5)The Secretary of State may make regulations about the suspension and removal of an assistant Chief Constable.

(6)Regulations under subsection (5)—

(a)may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b)may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c)may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d)may make provision about costs.

(7)Regulations under subsection (5) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(8)Before making regulations under subsection (5) the Secretary of State shall consult—

(a)the Authority,

(b)the Chief Constable, and

(c)such other persons as he thinks fit.