12 Collaboration agreements.S
(1)If it appears to the chief constables of two or more police forces that any police functions can more efficiently be discharged by constables of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose.
(2)If it appears to the police authorities for any two or more police areas that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained for those areas, they make an agreement for that purpose.
(3)Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the [F1Scottish Ministers].
(4)An agreement under subsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.
[F2(5)If it appears to the Scottish Ministers that an agreement should be made for the purposes specified in subsection (1), (2) or (4) of this section, they may, after considering any representations made by the parties concerned, direct those parties to enter into such agreement for that purpose as may be specified in the directions.
(6)For the purposes of this section—
(a)the British Transport Police Force shall be treated as if it were a police force;
(b) “ police functions ” shall include the functions of the British Transport Police Force;
[F3(c)The British Transport Police Authority shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1), (2) and (3) of this section.]
[F4(d)“police area” in relation to the British Transport Police Force and the British Transport Police Authority means the area described in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.]
[F5(6A)For the purposes of this section—
(a)the Civil Nuclear Constabulary shall be treated as if it were a police force;
(b) “ police functions ” shall include the functions of the Civil Nuclear Constabulary;
(c)the Civil Nuclear Police Authority shall be treated as if it were a police authority; and
(d) “ police area ”, in relation to the Civil Nuclear Constabulary and the Civil Nuclear Police Authority, means those places where members of that Constabulary have the powers and privileges of a constable. ]
(7)In relation to agreements relating to the British Transport Police Force [F6or the Civil Nuclear Constabulary], any determination under subsection (3) shall be made, and any directions under subsection (5) shall be given, by the Scottish Ministers and the Secretary of State, acting jointly.]
Textual Amendments
F1Words in s. 12(3) substituted (7.1.2002) by 2001 c. 24, s. 101, Sch. 7 para. 3(2); S.I. 2001/4104, art. 2(d)
F2S. 12(5)-(7) substituted (7.1.2002) for s. 12(5) by 2001 c. 24, s. 101, Sch. 7 para. 3(3); S.I. 2001/4104, art. 2(d)
F3S. 12(6)(c) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(2)(a)
F4S. 12(6)(d) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(2)(b)
F5S. 12(6A) inserted (1.3.2005) by Energy Act 2004 (c. 20), s. 198(2), Sch. 14 para. 2(2); S.I. 2005/442, art. 2(1), Sch. 1
F6Words in s. 12(7) inserted (1.3.2005) by Energy Act 2004 (c. 20), s. 198(2), Sch. 14 para. 2(3); S.I. 2005/442, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 12 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)