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Police and Justice Act 2006

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  • specified provision(s) amendment to earlier commencing SI 2006/3364 art. 3 by S.I. 2008/617 art. 2

Commencement Orders yet to be applied to the Police and Justice Act 2006

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Appointment of deputy chief constables etcE+W

14(1)Section 11A (appointment and removal of deputy chief constables) is amended as follows.E+W

(2)In subsection (1) (police forces to have a deputy chief constable), for “a deputy chief constable” there is substituted “ one or more deputy chief constables ”.

(3)For subsection (2) there is substituted—

(2)The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.

(2A)Where the police authority responsible for maintaining a police force—

(a)proposes to increase the number of deputy chief constables that the force has, or

(b)proposes to appoint a particular person to be a deputy chief constable,

it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.

15(1)Section 12A (power of deputy to exercise functions of chief constable) is amended as follows.E+W

(2)In subsection (1), for “A deputy chief constable” there is substituted “ The appropriate deputy chief constable ”.

(3)After that subsection there is inserted—

(1A)The appropriate deputy chief constable for the purposes of subsection (1) is—

(a)in the case of a police force that has only one deputy chief constable, the deputy chief constable;

(b)in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable.

(1B)The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).

(1C)During any absence, incapacity or suspension from duty of the person who—

(a)is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or

(b)is treated under this subsection as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.

(4)For subsection (2) there is substituted—

(2)The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—

(a)the chief constable is absent, incapacitated or suspended from duty and—

(i)the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or

(ii)the office of the deputy chief constable, or of each of the deputy chief constables, is vacant;

or

(b)the office of the chief constable is vacant and—

(i)the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or

(ii)the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty.

(5)In subsection (5), for “subsections (1) and (2)” there is substituted “ subsections (1) to (2) ”.

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