Police Act 1996 (c. 16)

Part I E+W+S Organisation of Police Forces

[F1 The metropolitan police and forces outside London] E+W+S

Textual Amendments

F1 Ss. 5A-5C and headings inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6

[F2 12A Power of deputy to exercise functions of chief constable E+W

(1) [F3 The appropriate deputy chief constable] of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—

(a) during any absence, incapacity or suspension from duty of the chief constable,

(b) during any vacancy in the office of the chief constable, or

(c) at any other time, with the consent of the chief constable.

[F4 (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.]

[F5 (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.]

(3) Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2).

(4) The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.

(5) The provisions of [F6 subsections (1) to (2)] shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.]

Textual Amendments

F2 S. 12A inserted (1.1.2002) by 2001 c. 16, s. 124(2); S.I. 2001/3736, art. 3(a)

F3 Words in s. 12A(1) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(2)

F4 Ss. 12A(1A)-(1C) inserted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(3)

F5 S. 12A(2) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(4)

F6 Words in s. 12A(5) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(5)