Explanatory Notes

Police and Justice Act 2006

2006 CHAPTER 48

8 November 2006

The Act

Commentary on Sections

Part 1: Police Reform
Paragraph 17: Status of staff members as constables

38.Sub-paragraphs (1) and (2) of paragraph 17 together ensure that where a serving constable is appointed as a member of staff of the Agency (having been seconded from a police force) they will retain the office of constable for the duration of their employment with the Agency. Section 97(8) of the Police Act 1996 also produces the same effect for seconded constables as a result of the amendments made by paragraph 72.

39.Sub-paragraph (3) provides that where a person holds the office of constable immediately prior to his or her appointment as chief executive, he or she will hold the rank of Chief Constable.

40.Sub-paragraph (4) ensures that members of the Agency holding the office of constable fall under the direction and control of the chief executive of the Agency regardless of whether or not the chief executive is a constable.