Chwilio Deddfwriaeth

Chwiliad Uwch

Police Act 1996

Status:

Point in time view as at 16/01/2012.

Changes to legislation:

There are currently no known outstanding effects for the Police Act 1996, Section 62. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part IIIU.K. Police Representative Institutions Regulations for Police Federations. The Police Negotiating Board for the United Kingdom. Functions of the Board with respect to regulations.

59 Police Federations.E+W+S

(1)There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in those countries respectively in all matters affecting their welfare and efficiency, except for—

(a)questions of promotion affecting individuals, and

(b)(subject to subsection (2)) questions of discipline affecting individuals.

(2)A Police Federation may represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the M1Police (Scotland) Act 1967 or on an appeal from any such proceedings.

(3)Except on an appeal to a police appeals tribunal or as [F1provided in regulations made in accordance with] section 84, a member of a police force may only be represented under subsection (2) by another member of a police force.

(4)The Police Federations shall act through local and central representative bodies.

(5)The Police Federations and every branch of a Federation shall be entirely independent of, and subject to subsection (6) unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

(6)The Secretary of State—

(a)may authorise a Police Federation or a branch of a Federation to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify, and

(b)may vary or withdraw an authorisation previously given;

and anything for the time being so authorised shall not be precluded by subsection (5).

(7)This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

[F2(7A)For the purposes of subsection (1), a member of the staff of the National Policing Improvement Agency who is—

(a)a constable, and

(b)an employee of the Agency,

shall be treated as a member of a police force in England and Wales, and references in this section to police service shall be construed accordingly.]

F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1S. 59 modified (S.) (temp. from 22.8.1996 to 22.8.1996) and (E.W.) (temp. from 22.8.1996) by virtue of 1996 c. 16, s. 103, Sch. 8 Pt. III para. 11; S.I. 1996/2146, art. 2

Marginal Citations

60(1)The Secretary of State may by regulations—U.K.

(a)prescribe the constitution and proceedings of the Police Federations, or

(b)authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a)with respect to the membership of the Federations;

(b)with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

(c)with respect to the manner in which representations may be made by committees or bodies of the Federations to [F4local policing bodies,] police authorities, chief officers of police and the Secretary of State;

(d)for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by [F5local policing bodies or] police authorities for police purposes; and

(e)for modifying any regulations under the M2Police Pensions Act 1976, section 50 above or section 26 of the M3Police (Scotland) Act 1967 in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.

(4)Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee.

(5)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)This section applies to police cadets as it applies to members of police forces.

Textual Amendments

Modifications etc. (not altering text)

C2S. 60: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1; S.I. 1998/3178, art. 3

Marginal Citations

[F760ASections 59 and 60: special provision for the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement AgencyS

(1)For the purposes of sections 59 and 60, persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to the 2006 Act shall be treated as members of a police force in Scotland, and references in section 59 to police service shall be construed accordingly.

(2)The reference in section 59(2) to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 shall—

(a)in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations made in accordance with either of—

(i)[F8section 23(2)(g)] of the 2006 Act, and

(ii)section 26(2A) of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act

(b)in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967 (temporary service with the Scottish Police Services Authority), be construed as a reference to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act.

(3)The reference in [F9section 60(2)(e)] to regulations under section 26 of the Police (Scotland) Act 1967 shall—

(a)in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations under either of—

(i)section 23 of the 2006 Act, and

(ii)section 26 of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act

(b)in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967, be construed as a reference to regulations made under section 26 of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act.

(4)For the purposes of paragraphs (c) and (d) of subsection (2) of section 60—

(a)the Scottish Police Services Authority shall be treated as a police authority, and

(b)the Director General of the Scottish Crime and Drug Enforcement Agency shall be treated as a chief officer of police,and the reference in paragraph (d) of that subsection to police purposes shall be construed accordingly.

(5)In this section, “the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.]

Textual Amendments

61(1)There shall continue to be a Police Negotiating Board for the United Kingdom for the consideration by persons representing the interests of—U.K.

(a)the [F10persons and bodies] who between them maintain the police forces in Great Britain and the [F11Police Service of Northern Ireland],

F12(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the persons who are members of those police forces or of [F13the Police Service] or are police cadets,

F14(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(bb)the members of the staff of the National Policing Improvement Agency who are constables,]

(c)the Commissioner of Police of the Metropolis, F16. . .

[F17(ca)the Scottish Police Services Authority,

(cb)constables seconded to that Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,

(cc)persons seconded to that Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (cb),

(cd)persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,]

(d)the Secretary of State, F18[F19...

(e)the Scottish Ministers,] [F20and

(f)the Department of Justice in Northern Ireland,]

of questions relating to hours of duty, leave, pay and allowances, pensions or the issue, use and return of police clothing, personal equipment and accoutrements.

(2)The Chairman and any deputy chairman or chairmen of the Board shall be appointed by the Prime Minister [F21after consultation with the Scottish Ministers] [F22and the Department of Justice in Northern Ireland]

(3)Subject to subsection (2), the Board shall continue to be constituted in accordance with such arrangements, made after consultations between the Secretary of State and organisations representing the interests of the persons referred to in paragraphs [F23(a), (b), (c) [F24, (e) and (f)]] of subsection (1), as appear to the Secretary of State to be satisfactory.

(4)The Secretary of State may—

(a)pay to the Chairman and to any deputy chairman or chairmen of the Board such fees as the Secretary of State may, with the approval of the Treasury, determine, and

(b)defray any expenses incurred by the Board.

[F25(5)The Scottish Ministers may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Scotland.

(6)For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under subsection (5) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.]

[F26(7)The Department of Justice in Northern Ireland may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Northern Ireland.]

Textual Amendments

F11Words in s. 61(1)(a) substituted (4.11.2001) by 2000 c. 32, s. 78, Sch. 6 para. 12(2); S.R. 2001/396, art. 2, Sch.

F13Words in s. 61(1)(b) substituted (4.11.2001) by 2000 c. 32, s. 78, Sch. 6 para. 12(2); S.R. 2001/396, art. 2, Sch.

F16Word in 61(1)(c) omitted (1.7.1999) by virtue of S.I. 1999/1747, arts. 1, 3, Sch. 21 Pt. II para. 2(a)(i); S.I. 1998/3178, art. 3

F19It is provided that s. 61(1)(e) and word “and" immediately preceding it shall be inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 21 Pt. II para. 2(a)(ii); S.I. 1998/3178, art. 3

F21Words in s. 61(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 21 Pt. II para. 2(b); S.I. 1998/3178, art. 3

F23Words in s. 61(3) substituted (1.7.1999) by 1999/1747, arts. 1, 3, Sch. 21 Pt. II para. 2(c); S.I. 1998/3178, art. 3

F25S. 61(5)(6) inserted (1.7.1999) by 1999/1747, arts. 1, 3, Sch. 21 Pt. II para. 2(d); S.I. 1998/3178, art. 3

(62)

(1)Before making—

(a)regulations under section 50 or 52;

F27(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(d)regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency),]

with respect to any of the matters mentioned in section 61(1) (other than pensions), the Secretary of State shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.

[F32(1ZA)Before making regulations under section 25 of the Police (Northern Ireland) Act 1998 with respect to any of the matters mentioned in section 61(1) (other than pensions), the Department of Justice in Northern Ireland shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.]

[F33(1ZA)Before making regulations under section 26 or 27 of the Police (Scotland) Act 1967 (other than regulations relating to special constables) with respect to any of the matters mentioned in section 61(1) (other than pensions), the Scottish Ministers shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.]

F34(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(1AA)Before determining the terms and conditions on which an appointment mentioned in subsection (1AB) below is made, the Scottish Police Services Authority shall—

(a)consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and(b)take into consideration any recommendation made by the Board.

(1AB)Those appointments are—

(a)the appointment of a constable seconded as a member of the staff of the Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006,

(b)the appointment of a person seconded as member of staff of the Authority under paragraph 10(3) of schedule 1 to that Act, and

(c)the appointment of a person as a police member of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.

(1AC)Before determining the terms and conditions on which the Director General or the Deputy Director General of the Scottish Crime and Drug Enforcement Agency is to be appointed, the Scottish Ministers shall—

(a)consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b)take into consideration any recommendation made by the Board.]

F36(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(1D)Before issuing a document under paragraph 18 of Schedule 1 to the Police and Justice Act 2006 (rules and principles for contents of contracts of employment of constables employed as members of the staff of the National Policing Improvement Agency), the Secretary of State shall—

(a)consult the Police Negotiating Board for the United Kingdom about any provision in the document which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b)take into consideration any recommendation made by the Board.

(1E)Before determining the terms and conditions on which a constable is to be appointed to the staff of the National Policing Improvement Agency as an employee of the Agency, the Secretary of State (where the constable is to be appointed as the chief executive of the Agency) or the Agency (in any other case) shall—

(a)consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b)take into consideration any recommendation made by the Board.]

(2)The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of [F39 subsection (1), (1A), (1D) or (1E) ], F40... above [F41, or for the purposes of subsection (1AA) or (1AC) above,] and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.

[F42(2A)The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of subsection (1ZA) above and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.]

(3)No regulations relating to pensions shall be made under section 52 above, section 27 of the Police (Scotland) Act 1967 or [F43section 25 of the Police (Northern Ireland) Act 1998] except after consultation with the Board.

63 Police Advisory Boards for England and Wales and for Scotland.E+W+S

(1)There shall continue to be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively.

[F44(1ZA)The Police Advisory Board for Scotland shall also advise the Scottish Ministers on general questions affecting—

(a)constables seconded to the Scottish Police Services Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,

(b)persons seconded to the Scottish Police Services Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (a); or

(c)persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.]

F45(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(1C)The Police Advisory Board for England and Wales shall also advise the Secretary of State on general questions affecting members of the staff of the National Policing Improvement Agency who are constables.]

(2)The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests [F48of local policing bodies,] of police authorities and of members of police forces and police cadets.

[F49(3)Before making—

(a)[F50regulations or rules under section 50, 52, 84 or 85], other than regulations with respect to any of the matters mentioned in section 61(1), or

(b)regulations under Part 2 of the Police Reform Act 2002, [F51or

(c)regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency), other than regulations with respect to any of the matters mentioned in section 61(1),] [F52or

(d)an order under section 97A, or

(e)an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),]

the Secretary of State shall supply the Police Advisory Board for England and Wales with a [F53draft of the regulations, rules or order], and take into consideration any representations made by that Board.]

Textual Amendments

F52S. 63(3)(d)(e) and word inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 10(3)(a), 116(1); S.I. 2010/125, art. 2(a)

F53Words in s. 63(3) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 10(3)(b), 116(1); S.I. 2010/125, art. 2(a)

64 Membership of trade unions.E+W+S

(1)Subject to the following provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.

(2)Where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.

F54(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

F55(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56(4C)This section applies to a member of the staff of the National Policing Improvement Agency who is—

(a)a constable, and

(b)an employee of the Agency,

as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.

(4D)In its application by virtue of subsection (4C), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the chief executive of the National Policing Improvement Agency.]

[F57(4E)This section applies to–

(a)the Director General of the Scottish Crime and Drug Enforcement Agency,

(b)the Deputy Director General of that Agency, and

(c)a police member of that Agency appointed by virtue of paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10),

as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.

(4F)In its application by virtue of subsection (4E), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the Director General of the Scottish Crime and Drug Enforcement Agency.]

(5)Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Textual Amendments

F54S. 64(3) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 349

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill