Police Act 1909

1909 CHAPTER 40

An Act to amend the Metropolitan Police Acts, 1829 to 1899, and to make better provision for the widows and children of constables who lose their lives in the execution of their duty.

[25th November 1909.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

1 Annual contribution towards expenses of metropolitan police

In addition to the sums payable out of moneys provided by Parliament for specified services of the metropolitan police, and as salaries under the [62 & 63 Vict. c. 26.] Metropolitan Police Act, 1899, there shall be paid in each year out of moneys provided by Parliament in respect of services rendered by the metropolitan police for imperial and national purposes such sum as the Secretary of State, with the approval of the Treasury, may determine.

2 Provision as to additional rate levied under 53 & 54 Vict. c.45 s.19(4) in metropolitan district

The proceeds of any addition to the metropolitan police rate levied under the provisions of subsection four of section nineteen of the Police Act, 1890, shall not be reckoned as part of the sum actually raised by rates for the purposes of paragraph (k) of subsection two of section twenty-four of the [51 & 52 Vict. c. 41.] Local Government Act, 1888, which regulates the amount to be paid by county councils to the receiver for the metropolitan police district and charged to the Exchequer Contribution Accounts.

3 Additional Assistant Commissioner of metropolitan police

It shall be lawful for His Majesty to appoint a fit person to be a fourth Assistant Commissioner of Police of the Metropolis, and the [19 & 20 Vict. c. 2.] Metropolitan Police Act, 1856, shall apply in like manner as if four Assistant Commissioners of Police of the Metropolis were therein mentioned instead of two.

4 Regulations by Secretary of State as to superannuation for officers of staff of metropolitan police

(1) The power of the Secretary of State under the [38 & 39 Vict. c. 28.] Metropolitan Police Staff (Superannuation) Act, 1875, to make regulations respecting the grant to the officers to whom that Act applies of superannuation allowances, compensations, gratuities, or other allowances, on the like principles and conditions as were in force at the passing of that Act with respect to persons in the permanent civil service of the State, shall be extended so as to include a power to make such regulations on the like principles and conditions as are for the time being in force with respect to persons in the permanent civil service of the State, and to vary and revoke any such regulations.

(2) In section one of the said Act, the words " as soon as conveniently may be " shall be repealed.

(3) For removing doubts, it is hereby declared that in subsection (2) of section five of the [60 & 61 Vict. c. 26.] Metropolitan Police Courts Act, 1897 (which relates to the superannuation allowances of members of the staff of the metropolitan police courts, except police magistrates), the expression " the Superannuation Act, 1859, and " the enactments amending the same " includes the enactments amending that Act passed after as well as before the passing of the Metropolitan Police Courts Act, 1897.

5 Pensions of widows and children of constables killed on duty

(1) At the end of paragraph (6) of Part II. of the First Schedule to the Police Act, 1890 (which relates to the pensions and allowances to widows and children of constables in England), the following proviso shall be added :—

“Provided further that, where a constable loses his life from the effects of an injury which is not accidental, the police authority shall increase the pension to the widow to a sum equal to one-third of the annual pay of the constable, and the allowance to each child to a sum equal to one-fifteenth of such pay, or, if there is no widow, to a sum not less than one-fifteenth nor more than two-fifteenths of such pay, unless the aggregate of such pension and allowances would exceed two-thirds of such pay, in which case, they shall be rateably reduced ; the police authority may, however, refuse so to increase the pension to the widow on the ground of her misconduct, but any such refusal shall be subject to confirmation by the Secretary of State.”

(2) At the end of paragraph 5 of Part II. of the First Schedule to the [53 & 54 Vict. c. 67.] Police (Scotland) Act, 1890 (which relates to the pensions and allowances to widows and children of constables in Scotland), the following proviso shall be added :—

“Provided further that, where a constable loses his life from the effects of an injury which is not accidental, the police authority shall increase the pension to the widow to a sum equal to one-third of the annual pay of the constable and the allowance to each child to a sum equal to one-fifteenth of such pay, or, if there is no widow, to a sum not less than one-fifteenth nor more than two-fifteenths of such pay, unless the aggregate of such pension and allowances would exceed two-thirds of such pay, in which case they shall be rateably reduced ; the police authority may, however, refuse so to increase the pension to the widow on the ground of her misconduct, but any such refusal shall be subject to the same right of appeal as is conferred by section eleven of the Police (Scotland) Act, 1890, in a case of forfeiture or refusal of a pension or allowance.”

6 Short title

This Act may be cited as the Police Act, 1909, and, so far as it amends the Metropolitan Police Acts, 1829 to 1899, may be cited with those Acts as the Metropolitan Police Acts, 1829 to 1909, and, so far as it amends the Police Act, 1890, may be cited with the Police Acts, 1839 to 1908, as the Police Acts, 1839 to 1909, and so far as it amends the Police (Scotland) Act, 1890, may be cited with the Police (Scotland) Acts, 1857 to 1890, as the Police (Scotland) Acts, 1857 to 1909.