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Police Act 1996

1996 CHAPTER 16

An Act to consolidate the Police Act 1964, Part IX of the Police and Criminal Evidence Act 1984, Chapter I of Part I of the Police and Magistrates’ Courts Act 1994 and certain other enactments relating to the police.

[22nd May 1996]

Be it enacted by the Queen’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:—

Extent Information

E1For the extent of this Act see s.105

Modifications etc. (not altering text)

C1Act applied (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 8(8); S.R. 2000/399, art. 3 (with arts. 4-5)

Act: power to modify conferred (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a) (with art. 3)

Commencement Information

I1Act partly in force at 22.8.1996, partly prospective; see s.104; Act wholly in force at 1.4.1999 by S.I. 1999/533, arts. 2, 3

Part IE+W+S Organisation of Police Forces

[F1Police areas and police forces]E+W

Textual Amendments

1 Police areas.E+W

(1)England and Wales shall be divided into police areas.

(2)The police areas referred to in subsection (1) shall be—

(a)those listed in Schedule 1 (subject to [F2any amendment made to the first column of that Schedule by regulations under section 31A or any amendment made to the second column, or to the first and second columns, by an order] under section 32 below, [F3section 45 of the [F4Democracy and Boundary Commission Cymru etc. Act 2013],] [F5section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007]),

(b)the metropolitan police district, and

(c)the City of London police area.

(3)References in Schedule 1 to any local government area are to that area as it is for the time being, F6. . .

Textual Amendments

F2Words in s. 1(2)(a) substituted (31.1.2017) by Policing and Crime Act 2017 (c. 3), ss. 124(2), 183(5)(a)(e)

F7...E+W+S

Textual Amendments

2 Maintenance of police forces.E+W

[F8(1)]A police force shall be maintained for every police area for the time being listed in Schedule 1.

[F9(2)For further provision about the maintenance of those police forces, see Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act 2011.]

Textual Amendments

F103 Establishment of police authorities.E+W

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Textual Amendments

F104 Membership of police authorities etc.E+W

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Textual Amendments

F105 Reductions in size of police authorities.E+W

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Textual Amendments

F11...E+W

Textual Amendments

[F125A Maintenance of the metropolitan police force.E+W

[F13(1)] A police force shall be maintained for the metropolitan police district.

[F14(2)For further provision about the maintenance of the metropolitan police force, see Chapter 2 of Part 1 of the Police Reform and Social Responsibility Act 2011.]]

Textual Amendments

F12Ss. 5A-5C and heading 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

F155B Establishment of the Metropolitan Police Authority.E+W

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Textual Amendments

F155C Membership etc of the Metropolitan Police Authority.E+W

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Textual Amendments

[F16The metropolitan police and forces outside London]E+W+S

Textual Amendments

F16Ss. 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

F156 General functions of police authorities.E+W

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Textual Amendments

[F17The City of London]E+W+S

Textual Amendments

[F186AZACommon Council to remain police authority for CityE+W+S

The Common Council of the City of London is to continue to be the police authority for the City of London police area.]

Textual Amendments

[F196ZAPower to confer particular functions on [F20the Common Council] E+W+S

(1)The Secretary of State may by order confer particular functions on [F21the Common Council].

(2)Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring [F22the Common Council]—

(a)to monitor the performance of [F23the City of London police force] in—

(i)complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;

(ii)carrying out any plan issued by virtue of section 6ZB;

[F24(aa)to hold the Commissioner of Police for the City of London to account for the exercise of the Commissioner's functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;]

(b)to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;

(c)to promote diversity within that force and within [F25the Common Council].

(3)Before making an order under this section the Secretary of State must consult—

[F26(a)the Common Council,]

[F26(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F27(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F24S. 6ZA(2)(aa) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 22(3), 183(1)(5)(e); S.I. 2020/5, reg. 2(i) (with art. 3(1)(2)(4))

[F286ZBPlans by [F29the Common Council] E+W+S

(1)Before the beginning of each financial year [F30the Common Council] shall issue a plan (a “policing plan”) setting out—

(a)[F31the Common Council's] objectives (“policing objectives”) for the policing of [F32the City of London police area, and for the discharge by the City of London Police of its national or international functions] during that year; and

(b)the proposed arrangements for the policing of that area for the period of three years beginning with that year.

[F33(2)In issuing a policing plan, the Common Council must have regard to the strategic policing requirement issued under section 37A.]

(3)Before determining policing objectives, [F34 the Common Council ] shall—

(a)consult the [F35Commissioner of Police for the City of London], and

(b)consider any views obtained by [F36the Common Council] in accordance with arrangements made under section 96.

(4)A draft of a policing plan required to be issued by [F37the Common Council] under this section shall be prepared by the [F38Commissioner of Police for the City of London] and submitted by him to the [F39Common Council for] it to consider.

The [F40Common Council shall] consult the [F41Commissioner of Police for the City of London] before issuing a policing plan which differs from the draft submitted by him under this subsection.

(5)The Secretary of State may by regulations make provision supplementing that made by this section.

(6)The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.

(7)The regulations may contain provision as to—

(a)matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));

(b)persons who are to be consulted, and matters that are to be considered, in preparing policing plans;

(c)modification of policing plans;

(d)persons to whom copies of policing plans are to be sent.

(8)Before making regulations under this section the Secretary of State must consult—

[F42(a)the Common Council,]

[F42(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F43(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F44(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6ZCReports by [F45the Common Council] E+W+S

(1)The Secretary of State may by order require [F46the Common Council] to issue reports concerning the [F47discharge of the Common Council's functions].

(2)An order under this section may contain provision as to—

(a)the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;

(b)the matters to be dealt with in reports;

(c)persons to whom copies of reports are to be sent.

(3)Before making an order under this section the Secretary of State must consult—

[F48(a)the Common Council,]

[F48(b)the Commissioner of Police for the City of London, and]

(c)such other persons as he thinks fit.

F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F506A Three-year strategy plansE+W

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Textual Amendments

F517 Local policing objectives.E+W

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Textual Amendments

F528 Local policing plans.E+W

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Textual Amendments

F538ALocal policing summariesE+W+S

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Textual Amendments

F549 Annual reports by police authorities.E+W

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Textual Amendments

F539A General functions of the Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F539B Appointment of Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F539C Functions of Deputy Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F539D Appointment of Deputy Commissioner of Police of the Metropolis.E+W

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Textual Amendments

F539E Removal of Commissioner or Deputy Commissioner.E+W

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Textual Amendments

F539F Assistant Commissioners of Police of the Metropolis.E+W

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Textual Amendments

F539FA Appointment and removal of Deputy Assistant CommissionersE+W

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Textual Amendments

F539G Commanders.E+W

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Textual Amendments

[F55 Police ranks ]E+W+S

Textual Amendments

[F569H Other members of the metropolitan police force.E+W

[F57(1)The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.

(2)The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—

(a)Commissioner of Police of the Metropolis,

(b)Deputy Commissioner of Police of the Metropolis,

(c)Assistant Commissioner of Police of the Metropolis, and

[F58(ca)Deputy Assistant Commissioner of Police of the Metropolis, and]

(d)Commander,

those of [F59chief superintendent, ]superintendent, chief inspector, inspector, sergeant and constable.

(3)In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.]]

Textual Amendments

F56S. 9H inserted (3.7.2000) by 1999 c. 29, s. 322 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F57S. 9H omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 48(2)(a), 183(1)(5)(e)

F58S. 9H(2)(ca) substituted (1.1.2002) for word "and" by 2001 c. 16, s. 122(2); S.I. 2001/3736, art. 3(a)

F59Words in s. 9H(2) inserted (1.1.2002) by 2001 c. 16, s. 125(1); S.I. 2001/3736, art. 3(a)

F6010 General functions of chief constables.E+W

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Textual Amendments

F6011 Appointment and removal of chief constables.E+W

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Textual Amendments

F6011A Appointment and removal of deputy chief constablesE+W

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Textual Amendments

F6012 Assistant chief constables.E+W

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Textual Amendments

F6012A Power of deputy to exercise functions of chief constableE+W

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Textual Amendments

13 Other members of police forces.E+W

[F61(1)The ranks that may be held in a police force maintained under section 2 shall be such as may be prescribed by regulations under section 50 and the ranks so prescribed shall include, in addition to chief constable [F62, deputy chief constable] and assistant chief constable, the ranks of [F63chief superintendent ]superintendent, chief inspector, inspector, sergeant and constable.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Appointments and promotions to any rank below that of assistant chief constable in any police force maintained under section 2 shall be made, in accordance with regulations under section 50, by the chief constable.]

Textual Amendments

F61S. 13 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 48(2)(b), 183(1)(5)(e)

F62Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 123(2)(a); S.I. 2001/3736, art. 3(a)

F63Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 125(2); S.I. 2001/3736, art. 3(a)

F6414 Police fund.E+W

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Textual Amendments

F6415 Civilian employees.E+W

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Textual Amendments

F6416 Appointment of [F65chief executive].E+W

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Textual Amendments

F65Words in s. 16 heading substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 18(3); S.I. 2007/709, art. 3(c) (with art. 6)

F6417 Appointment of persons not employed by police authorities.E+W

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Textual Amendments

[F66City of London ]E+W+S

Textual Amendments

[F6718 Supply of goods and services.E+W

(1)Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39)(supply of goods and services by local authorities)—

F68(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F69shall,] in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force [F70, apply with the modification set out in subsection (2)].

(2)The modification is that references in those subsections to a public body shall be read as references to any person.

[F71(3)[F72The Common Council in its capacity as police authority] may not enter into an agreement with [F73another local policing body] under section 1 of the 1970 Act in respect of a matter which could be the subject of [F74force collaboration provision in a collaboration agreement ].]]

Textual Amendments

F7519 Approval of decisions about precepts.E+W

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Textual Amendments

F7520 Questions on police matters at council meetings.E+W

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Textual Amendments

F7520A Questions on metropolitan police matters at London Assembly meetings.E+W+S

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Textual Amendments

F7521 Application of certain provisions to police authorities.E+W+S

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Textual Amendments

F76...E+W+S

Textual Amendments

22 Reports by chief constables to police authorities.E+W

(1)[F77The Commissioner of Police for the City of London] shall, as soon as possible after the end of each financial year, submit to the [F78Common Council] a general report on the policing during that year of [F79the City of London police area].

(2)[F80The chief constable] shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

(3)[F81The Commissioner of Police for the City of London] shall, whenever so required by the [F82Common Council], submit to [F83the Common Council] a report on such matters as may be specified in the requirement, being matters connected with the policing of the [F84City of London police area].

(4)A report submitted under subsection (3) shall be in such form as the [F85Common Council] may specify.

(5)If it appears to the [F86Commissioner of Police for the City of London] that a report in compliance with subsection (3) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the [F87Common Council], he may request [F88the Common Council] to refer the requirement to submit the report to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

(6)The [F89Common Council] may arrange, or require the [F90chief officer] to arrange, for a report submitted under subsection (3) to be published in such manner as appears to [F91the Common Council] to be appropriate.

F92(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Words in s. 22(1)(2)(3)(5)(6) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27, para. 79(2)-(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F93General provisions]E+W+S

Textual Amendments

[F9422ACollaboration agreementsE+W+S

(1)A collaboration agreement may be made by—

(a)two or more policing bodies; or

(b)the chief officers of police of one or more police forces [F95and—

(i)one or more policing bodies together with one or more other persons, or

(ii)if no other person is a party to the agreement, two or more policing bodies.]

(2)A collaboration agreement is an agreement containing one or more of the following—

(a)provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b)provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c)provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3)A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a)the chief officer of police of each police force to which the provision relates, and

(b)the policing body that is responsible for maintaining each such police force.

(4)A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5)A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a)the policing body, or each policing body, to which the provision relates;

(b)the chief officer of police of the police force, or each police force, to which the provision relates; and

(c)the policing body that is responsible for maintaining each such police force.

(6)Subsection [F96(1)(a)] does not prevent other persons from being parties to collaboration agreements.

(7)Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8)For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by members of that police force, or

(b)to the police area for which that police force is established.

(9)For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b)to the police area for which that policing body is established.

Textual Amendments

F95Words in s. 22A(1)(b) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 157(2)(a), 183(5)(e)(6)(b)

F96Word in s. 22A(6) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 157(2)(b), 183(5)(e)(6)(b)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

22BDuty of chief officers to keep collaboration agreements under reviewE+W+S

(1)The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a)that police force, and

(b)one or more other police forces.

(2)If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the chief officer, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

Textual Amendments

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

22CDuty of policing bodies to keep collaboration agreements under reviewE+W+S

(1)A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a)the efficiency or effectiveness of—

(i)that policing body,

(ii)the police force which that policing body is responsible for maintaining, or

(iii)that body and that force, and

(b)the efficiency or effectiveness of one or more other policing bodies and police forces.

(2)If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the policing body, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).]

Textual Amendments

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F9723 [F98Collaboration agreements involving police forces] E+W

F99(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F100Force collaboration provision may, in particular, consist of provision—]

(a)for the joint discharge of functions by members of police forces;

(b)for members of a police force to discharge functions in another force's area;

(c)for members of a police force to be provided to another force.

F101(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F102A collaboration agreement] may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

(5)A chief officer may make [F103a collaboration agreement] only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

F104(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F9723A[F105Collaboration agreements involving policing bodie]E+W

F106(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F107Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—]

(a)for support to be provided jointly by two or more [F108policing bodies];

(b)for support to be provided for two or more [F108policing bodies] or forces jointly;

(c)for [F109a policing body] to provide support to [F110another policing body] or to a force maintained by [F110another policing body].

(3)[F111 In relation to policing body collaboration provision, or policing body & force collaboration provision,] references to the provision of support include, in particular, the provision of—

(a)premises;

(b)equipment;

(c)staff;

(d)services;

(e)facilities.

F112(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F113A policing body may make a collaboration agreement] only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more [F114policing bodies] or police forces.

[F115(6)A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement).]

F116(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F11723AAForce collaboration provision about civilian employeesE+W+S

(1)This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by [F118persons designated under section 38 of the Police Reform Act 2002 (“designated persons”) by the chief officer of one police force] (the “assisting force”) for the purposes of another police force (the “assisted force”).

(2)The force collaboration provision must specify—

(a)the functions which the [F119designated persons] are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and

(b)any restrictions or conditions on that permission for the [F119designated persons] to discharge those functions.

(3)The force collaboration provision must not permit the [F120designated persons] to discharge functions for the purposes of the assisted force unless [F121those persons] are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.

(4)The force collaboration provision does not authorise the [F122designated persons] to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).

(5)References in this section to the discharge of functions by [F123persons designated under section 38 of the Police Reform Act 2002 by the chief officer of the assisting force] for the purposes of the assisted force include references to—

(a)the joint discharge of functions by the [F124designated persons] and members of the assisted police force,

(b)the discharge of functions by the [F124designated persons] in the assisted force's area, and

(c)the provision of the [F124designated persons] to the assisted force.

(6)In this section—

  • F125...

  • “relevant section 38 designation”, in relation to a [F126designated person], means the section 38 designation relating to [F127the person];

  • “section 38 designation” means a designation under section 38 of the Police Reform Act 2002.]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

F118Words in s. 23AA(1) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F119Words in s. 23AA(2) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F120Words in s. 23AA(3) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(c)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F121Words in s. 23AA(3) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(c)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F122Words in s. 23AA(4) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(d); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F123Words in s. 23AA(5) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(e)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F124Words in s. 23AA(5)(a)-(c) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(e)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F125Words in s. 23AA(6) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(f); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F126Words in s. 23AA(6) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(g)(i); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F127Words in s. 23AA(6) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(2)(g)(ii); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23BCollaboration agreements: paymentsE+W

(1)A collaboration agreement may provide for payments between [F128parties to the agreement].

(2)Provision under subsection (1) may [F129in the case of policing bodies or chief officers of police who are parties to the agreement], in particular—

(a)specify the [F130policing bodies or chief officers of police] by which and to which a payment is to be made or the manner in which those [F130policing bodies or chief officers of police] are to be determined;

(b)specify the amount of any payment or the manner in which it is to be determined.

(3)[F131A policing body or chief officer of police] must make any payments required by provision made under subsection (1).

F132(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23CCollaboration agreements: consultation and supplementalE+W

F133(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A collaboration agreement must be in writing.

(3)A collaboration agreement may make different provision for different cases or circumstances.

(4)A collaboration agreement may be varied by a subsequent collaboration agreement.

(5)A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

[F134(6)If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement.]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23DCollaboration agreements: accountabilityE+W

(1)Where a chief officer makes a [F135collaboration agreement], the [F136policing body] responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a)is acting under the terms of the agreement, and

(b)while so acting, is under the direction and control of the chief officer.

(2)Before [F137making a collaboration agreement to which a chief officer of police is to be a party, a policing body] must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3)When deciding what arrangements to make, the [F138policing body] shall, in particular, [F139make] arrangements for those functions to be discharged jointly with another [F138policing body] responsible for maintaining a force whose chief officer is a party to the agreement.

(4)The functions conferred on a [F140 policing body ] under this section do not affect any other function of holding a chief officer to account.

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23ECollaboration agreements: publicationE+W

(1)A person who makes a collaboration agreement must—

(a)publish the agreement, or

(b)publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2)[F141 In a case where information is notified to a chief officer of police under section 23D(2), that information] must be published by the chief officer with the information under subsection (1).

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23FCollaboration agreements: guidanceE+W

(1)The Secretary of State may give chief officers or [F142policing bodies] guidance about collaboration agreements or related matters.

(2)In discharging their functions, chief officers and [F142policing bodies] must have regard to the guidance.

[F143(3)The Secretary of State may give other persons who exercise functions of a public nature guidance about collaboration agreements or related matters, and those persons must have regard to the guidance in exercising such functions.]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

F143S. 23F(3) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 157(3), 183(5)(e)(6)(b)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F14423FA Police functions that must be the subject of force collaboration provisionE+W+S

(1)The Secretary of State may, by order, require a specified police function to be exercised in relation to—

(a)all police areas, or

(b)all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2)An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—

(a)a single collaboration agreement which relates to all of those police areas, or

(b)a number of collaboration agreements which, between them, relate to all of those police areas.

(3)Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.

(4)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6)In this section “specified” means specified in an order under this section.]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23GCollaboration agreements: directionsE+W

(1)The Secretary of State may give chief officers or [F145policing bodies] directions about collaboration agreements or related matters.

(2)A direction may be given to—

(a)one or more chief officers;

(b)one or more [F145policing bodies]

[F146(2A)The Secretary of State may give one or more other persons who exercise functions of a public nature directions about collaboration agreements or related matters.]

(3)A person to whom a direction is given must comply with it.

(4)A direction may, in particular—

(a)require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b)require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(c)require two or more persons to consider making a collaboration agreement of a specified description;

(d)specify terms to be included, or not to be included, in collaboration agreements.

(5)A direction may relate to—

(a)a particular agreement,

(b)agreements of a particular description, or

(c)agreements in general.

(6)Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

F146S. 23G(2A) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 157(4), 183(5)(e)(6)(b)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

23HCollaboration agreements: termination by Secretary of StateE+W+S

(1)The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

(2)A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

(3)Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

Modifications etc. (not altering text)

C4Ss. 22A-23H: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(b) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F14723HADecisions about efficiency or effectivenessE+W+S

In reaching a conclusion about whether or not a collaboration agreement is, or would be, in the interests of efficiency or effectiveness of one or more police forces (the “police forces under consideration”), a person must, in particular, consider—

(a)the existing collaboration agreements, and other arrangements for co-operation, to which the police forces under consideration are parties;

(b)the desirability of police forces taking a consistent approach in making such agreements and other arrangements; and

(c)the opportunities available to the police forces under consideration to make such agreements and other arrangements.]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

23ICollaboration agreements: definitionsE+W

(1)This section has effect for the purposes of sections [F14822A] to 23H.

(2)“Police force” includes—

(a)the British Transport Police Force, and

(b)the Civil Nuclear Constabulary.

(3)“Chief officer” means—

(a)in relation to the British Transport Police Force, the Chief Constable of the force,

(b)in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(c)in relation to any other police force, the chief officer of police of that force.

(4)[F149“Policing body” means—]

[F149(aa)a local policing body,]

(a)the British Transport Police Authority, and

(b)the Civil Nuclear Police Authority.

[F150(5)The following expressions have the meanings given in section 22A—

  • “collaboration agreement”;

  • “force collaboration provision”;

  • “policing body collaboration provision”;

  • “policing body & force collaboration provision”.

(6)References to the police force which a policing body is responsible for maintaining include—

(a)in the case of the British Transport Police Authority, the British Transport Police, and

(b)in the case of the Civil Nuclear Police Authority, the Civil Nuclear Constabulary.

(7)References to a police force include—

(a)references to the special constables appointed by a chief officer of police, F151...

(b)references to the civilian employees of the police force; [F152and

(c)references to persons who are under the direction and control of the chief officer of police by virtue of being volunteers with the force;]

and references to the members of a police force are to be read accordingly.

(8)For that purpose “civilian employee” means—

(a)in the case of a police force maintained under section 2 or 5A, the members of the civilian staff of that force;

(b)in the case of any other police force, the employees of the policing body responsible for maintaining that force who are under the direction and control of the chief officer of police of that force.]]

Textual Amendments

F97Ss. 23-23I substituted for s. 23 (12.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 5, 116(1); S.I. 2010/507, art. 4(a)

F151Word in s. 23I(7)(a) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(3)(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F152S. 23I(7)(c) and word inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 10(3)(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

24 Aid of one police force by another.E+W

(1)The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

(2)If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1) cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

(3)While a constable is provided under this section for the assistance of another police force he shall, notwithstanding sections [F153sections 2 and 4 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)], be under the direction and control of the chief officer of police of that other force.

[F154(3A)While a member of the civilian staff of a police force maintained under section 2, or a member of the civilian staff of the metropolitan police force, is provided under this section for the assistance of another police force, that member of staff is, notwithstanding section 2 or 4 of the 2011 Act, under the direction and control of the chief officer of police of that other force.]

(4)The [F155local policing body] maintaining a police force for which assistance is provided under this section shall pay to the [F155local policing body] maintaining the force from which that assistance is provided such contribution as may be agreed upon between [F156those bodies] or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all [F157local policing bodies] generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

[F158(4A)This section shall apply in relation to the British Transport Police Authority, the British Transport Police Force and the Chief Constable of that Force as it applies to a [F159local policing body] , a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to [F160sections 2 and 4 of the 2011 Act shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.]

F161(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

C8S. 24(4): power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(a) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

25 Provision of special services.E+W+S

(1)The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the [F162local policing body] of charges on such scales as may be determined by [F163that body].

[F164(1A)The Chief Constable of the British Transport Police Force may provide special police services at the request of any person, subject to the payment to the [F165British Transport Police Authority] of charges on such scales as may be determined by that Authority.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F164S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23

Modifications etc. (not altering text)

26 Provision of advice and assistance to international organisations etc.E+W

(1)Subject to the provisions of this section, a [F166local policing body] may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by [F167the body] or the chief officer of police for its area.

(2)The power conferred on a [F168local policing body] by subsection (1) includes a power to make arrangements under which a member of the police force maintained by [F169the body] is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) may be given subject to such conditions as appear to the Secretary of State to be appropriate.

(5)Nothing in this section authorises a [F170local policing body] to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A [F170local policing body] may make charges for advice or assistance provided by it under this section.

F171(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The provisions of this section are without prejudice to the M1Police (Overseas Service) Act 1945 F172. . . .

Textual Amendments

Marginal Citations

M19 & 10 Geo. 6 c. 17.

27 Special constables.E+W

(1)The chief officer of police of the police force maintained for a police area may, in accordance with regulations under section 51, appoint special constables for that area.

(2)Subject to [F173provision included in a [F174collaboration agreement] by virtue of section 23(4),] [F175section 24(3) and] regulations under section 51, all special constables appointed for a police area shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

Textual Amendments

28 Police cadets.E+W

(1)The chief officer of police of a police force may, in accordance with regulations under section 52, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

(2)Subject to regulations under section 52, all police cadets shall be under the control of, and subject to dismissal by, the chief officer of police.

(3)[F176Accordingly], for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, [F177the chief officer of a police force] shall be treated as the employer of any police cadets undergoing training with the force.

F178(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29 Attestation of constables.E+W

Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4—

F179(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F180. . . before a justice of the peace having jurisdiction within the police area.

Textual Amendments

Modifications etc. (not altering text)

C10S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 24(3); S.I. 2004/1572, art. 3(g)

C11S. 29 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 25(3); S.I. 2004/1572, art. 3(h)

30 Jurisdiction of constables.E+W

(1)A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

[F181(2)A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]

F182(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F183(3A)A member of the British Transport Police Force who is for the time being required by virtue of [F184section 22A] to serve with a police force maintained by a [F185local policing body] shall have all the powers and privileges of a member of that police force.]

[F186(3B)Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a [F187collaboration agreement under section 22A], the member shall have all the powers and privileges of a member of that other force.

(3C)In subsection (3B), “police force” and “chief officer” have the meanings given by section 23I.]

F188(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section—

  • powers includes powers under any enactment, whenever passed or made;

  • “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and this section, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

(6)This section is without prejudice to—

(a)sections 98 and 99 below, and

(b)any other enactment conferring powers on constables for particular purposes.

Textual Amendments

F183S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24

Modifications etc. (not altering text)

[F18931 Rewards for diligenceE+W

(1)The chief constable of a police force maintained under section 2 may grant to members of that police force rewards for exceptional diligence or other specially meritorious conduct.

(2)The Commissioner of Police of the Metropolis may grant to members of the metropolitan police force rewards for exceptional diligence or other specially meritorious conduct.

(3)The Common Council may, on the recommendation of the Commissioner of Police for the City of London, grant out of the City of London police fund to members of the City of London police force rewards for exceptional diligence or other specially meritorious conduct.]

Textual Amendments

[F190Amendment of names of police areasE+W+S

Textual Amendments

F190S. 31A and cross-heading inserted (31.1.2017) by Policing and Crime Act 2017 (c. 3), ss. 124(1), 183(5)(a)(e)

31APower to amend names of police areasE+W+S

(1)The Secretary of State may by regulations amend any name of a police area specified in the first column of Schedule 1 (police areas).

(2)A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

Alteration of police areasE+W

32 Power to alter police areas by order.E+W

(1)The Secretary of State may by order make alterations in police areas in England and Wales other than the City of London police area.

(2)The alterations that may be made by an order under this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the abolition of the metropolitan police district.

(3)The Secretary of State shall not exercise his power under this section to make alterations unless either—

(a)he has received a request to make the alterations from the [F191local policing body] for each of the areas F192... affected by them, or

(b)it appears to him to be expedient to make the alterations in the interests of efficiency or effectiveness.

(4)The Secretary of State shall exercise his power to make orders under this section in such a way as to ensure that [F193no police area falls partly in England and partly in Walesand that ] none of the following areas—

(a)a county in which there are no district councils,

(b)a district in any other county,

(c)a county borough in Wales, and

(d)a London borough,

is divided between two or more police areas.

F194(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33 Objections to alterations proposed by Secretary of State.E+W

(1)Before making an order under section 32 by virtue of subsection (3)(b) of that section, the Secretary of State shall give notice of his proposal to—

(a)the [F195local policing body] for every area F196... that he proposes to alter,

(b)the council of every county, district, county borough or London borough wholly or partly within any area (other than the metropolitan police district) that he proposes to alter,

[F197(bb)the Greater London Authority, if he proposes to alter the metropolitan police district,]

(c)the council of every London borough, county or district all or part of which would under the proposal be brought into or left out of the metropolitan police district, and

(d)such other persons as he considers appropriate.

(2)A notice under subsection (1) shall—

(a)specify the proposed alterations and describe the general nature of any related provisions proposed to be included in the order,

(b)set out the Secretary of State’s reasons for proposing the alterations, and

(c)specify a date before which any objections to the proposals are to be delivered to the Secretary of State.

(3)The date specified under subsection (2)(c) shall fall after the end of the period of four months beginning with the date of the notice.

(4)Where objections have been duly delivered to the Secretary of State by a person notified under subsection (1), the Secretary of State shall before making the order under section 32—

(a)consider the objections, and

(b)give to that person a further notice stating whether he accepts the objections and, if he does not, giving his reasons.

(5)Where the Secretary of State has given a notice under subsection (1) specifying proposed alterations, the provisions of an order making the alterations may be inconsistent with the notice so far as it describes the general nature of the provisions, and may contain provisions not referred to in the notice.

Textual Amendments

F197S. 33(1)(bb) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 85(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

34 Orders altering police areas: supplementary provisions.E+W

(1)The power to make orders under section 32 includes power to make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient, including—

[F198(a)provision as to who is to be a police and crime commissioner;]

(b)provision for the transfer of property, rights and liabilities;

(c)provision for the transfer of members of police forces and other persons;

(d)provision as to pending legal proceedings.

[F199(1A)Provision falling within subsection (1)(a) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.]

(2)Without prejudice to subsection (1), the power to make orders under section 32 includes power—

(a)to amend Schedule 1 to this Act and section 76 of the M2London Government Act 1963 (extent of metropolitan police district), F200...

(b)to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order [F201and

(c)to apply (with or without modification) any provision of, or made under, Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011.]

[F202(2A)An order under section 32 which includes provision within subsection (1A)(b) may, in particular require the election in question to be held before the alteration of police areas takes effect.]

(3)No order shall be made under section 32 by virtue of subsection (3)(b) of that section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(4)An order to which subsection (3) applies, and which would apart from this subsection be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, shall proceed in that House as if it were not such an instrument.

(5)A statutory instrument containing an order made under section 32 by virtue of subsection (3)(a) of that section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

Marginal Citations

SupplementalE+W

35 The Scilly Isles.E+W

For the purposes of the application of this Part to the Isles of Scilly—

(a)the Isles shall be treated as if they were a county, and

(b)references to the council of a county shall be construed as references to the Council of the Isles.

Part IIE+W Central Supervision, Direction and Facilities

Functions of Secretary of StateE+W

36 General duty of Secretary of State.E+W

(1)The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

(2)The provisions of this Act mentioned in subsection (1) are—

(a)Part I;

(b)this Part;

(c)Part III F203...;

(d)in Chapter II of Part IV, [F204sections 84 and 85] and Schedule 6; and

(e)in Part V, section 95.

Textual Amendments

F20536A National Policing PlanE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20637 Setting of objectives for police authorities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F20737AThe strategic policing requirementE+W

(1)The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—

(a)national threats at the time the document is issued, and

(b)appropriate national policing capabilities to counter those national threats.

(2)A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3)Before issuing the strategic policing requirement, the Secretary of State—

(a)must obtain the advice of—

(i)such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii)such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b)must consult such other persons as the Secretary of State thinks fit.

(4)The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5)References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a)to exercise one or more functions to counter that threat,

(b)to exercise one or more functions in one or more particular ways to counter that threat, or

(c)to exercise one or more functions in accordance with common operational standards to counter that threat.

(6)In this section—

  • “England and Wales police force” means—

    (a)

    a police force maintained under section 2,

    (b)

    the metropolitan police force, and

    (c)

    the City of London police force;

  • “national threat” means a threat (whether actual or prospective) which is—

    (a)

    a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or

    (b)

    a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.]

Textual Amendments

F20838 Setting of performance targets.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20939 Codes of practice.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F21039A Codes of practice for chief officersE+W

[F211(1)The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge of their functions by chief officers of police if the College considers that—

(a)it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,

(b)it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations, or

(c)it is for any other reason in the national interest to do so.]

(2)[F212The College of Policing may, with the approval of the Secretary of State,] from time to time revise the whole or any part of a code of practice issued under this section.

F213(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F214(4)The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this section.]

(5)The Secretary of State shall lay any code of practice issued by [F215the College of Policing] under this section, and any revision of any such code, before Parliament.

(6)The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—

(a)would be against the interests of national security;

(b)could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or

(c)could jeopardise the safety of any person.

(7)In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.]

Textual Amendments

[F21640 Power to give directions in relation to police forceE+W

(1)Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F217local policing body] responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

(2)Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F217local policing body] responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

(3)The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4)The Secretary of State shall not give a direction under this section in relation to any police force unless—

(a)the [F217local policing body] responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b)that [F217local policing body] and chief officer have each been given an opportunity of making representations about those grounds;

(c)that [F217local policing body] and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d)the Secretary of State has considered any such representations and any such proposals.

(5)Subsection (4) does not apply if the Secretary of State is satisfied that—

(a)the [F217local policing body] responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b)the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and

(c)they have each had a reasonable opportunity to take such measures.

(6)The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a)the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b)an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7)A [F217local policing body] that is given a direction under this section shall comply with it.

Textual Amendments

F216Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

Modifications etc. (not altering text)

C14Ss. 40-40B: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

40APower to give directions in relation to [F218local policing body] E+W

(1)Where the Secretary of State is satisfied that a [F218local policing body] is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F218local policing body] to take specified measures for the purpose of remedying the failure.

(2)Where the Secretary of State is satisfied that a [F218local policing body] will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the [F218local policing body] to take specified measures in order to prevent such a failure occurring.

(3)The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which [F219the local policing body] submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4)The Secretary of State shall not give a direction under this section in relation to a [F218local policing body] unless—

(a)the [F218local policing body] has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;

(b)the [F218local policing body] has been given an opportunity of making representations about those grounds;

(c)the [F218local policing body] has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d)the Secretary of State has considered any such representations and any such proposals.

(5)Subsection (4) does not apply if the Secretary of State is satisfied that—

(a)the [F218local policing body] has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b)the information [F219the local policing body] had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and

(c)[F219the local policing body] has had a reasonable opportunity to take such measures.

(6)The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a)the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b)an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7)A [F218local policing body] that is given a direction under this section shall comply with it.

(8)Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.

Textual Amendments

F216Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

Modifications etc. (not altering text)

C14Ss. 40-40B: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

40BProcedure for directions under section 40 or 40AE+W

(1)The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—

(a)a proposal is made for the giving of a direction under section 40;

(b)a proposal is made for the giving of a direction under section 40A.

(2)Before making any regulations under this section, the Secretary of State shall consult with—

[F220(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor's Office for Policing and Crime;

(ab)the Common Council;]

(b)[F221the National Police Chiefs' Council]; and

(c)such other persons as he thinks fit.

(3)Regulations under this section may make different provision for different cases and circumstances.

(4)A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(5)On giving a direction under section 40 or section 40A to a [F222local policing body], the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

(6)Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—

(a)a copy of the direction; and

(b)a report about it.

(7)A report under [F223subsection (6)]—

(a)shall be prepared at such time as the Secretary of State considers appropriate; and

(b)may relate to more than one direction.]

Textual Amendments

F216Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)

F220Ss. 40B(2)(a)-(ab) substituted for s. 40B(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 3)

F221Words in s. 40B(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41

F223Words in s. 40B(7) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(6)(a), Sch. 7 para. 133

Modifications etc. (not altering text)

C14Ss. 40-40B: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

[F22440CPower to give directions to College of PolicingE+W

(1)The Secretary of State may give a direction to the College of Policing requiring it to exercise any particular function that is conferred on the College by this Act or any other enactment.

(2)The College of Policing shall carry out such other duties for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct.]

Textual Amendments

41 Directions as to minimum budget.E+W

(1)The power of the Secretary of State to give directions under section 40 [F225or 40A] to a [F226a police and crime commissioner] shall include power to direct [F227the commissioner] that the amount of [F228the commissioner's] [F229council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year] shall not be less than an amount specified in the direction.

[F230(1A)But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.]

(2)The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter [F2314ZA or] [F232IVA] of Part I of the Local Government Finance Act 1992.

(3)A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.

(4)Where the Secretary of State gives a direction to [F233a police and crime commissioner] by virtue of subsection (1), any precept issued or calculation made by [F234the commissioner] under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Textual Amendments

F229Words in s. 41(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 33; S.I. 2011/2896, art. 2(i)

F232Words in s. 41(2) substituted (27.7.1999 so as to apply as mentioned in S. 30(2)) by 1999 c. 27, s. 30(1), Sch. 1 Pt. II para. 10

Modifications etc. (not altering text)

F23541A Power to give directions as to action plansU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23641B Procedure for directions under section 41AU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42[F237Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner]E+W

[F238[F239(1)The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

(1A)The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.]

(2)[F240Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—]

(a)give the officer concerned a notice in writing—

(i)informing him of the Secretary of State’s intention to require the exercise of that power; and

(ii)explaining the Secretary of State’s grounds for requiring the exercise of that power; and

(b)give that officer an opportunity to make representations to the Secretary of State.

(2A)Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the [F241notice to the Mayor's Office for Policing and Crime.]

(2B)The Secretary of State shall consider any representations made to him under subsection (2).]

(3)[F242Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he] shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.

[F243(3A)At an inquiry held under subsection (3)—

(a)the Commissioner [F244or Deputy Commissioner] shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;

(b)the [F245Mayor's Office for Policing and Crime] shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.

(3B)The entitlement of the Commissioner [F246or Deputy Commissioner] to make representations shall include the entitlement to make them in person.]

(4)The costs incurred by a [F247 the Commissioner [F248 or Deputy Commissioner ]] in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

[F249(4A)If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—

(a)the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and

(b)section 48(5) of the 2011 Act does not apply.]

(4B)In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.

F250(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F251(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F238S. 42(1)-(2B) substituted for s. 42(1)(2) (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(2), 108(2); S.I. 2004/1319, art. 2(d)

F239S. 42(1)(1A) substituted for s. 42(1)-(1B) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 82(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(1)(3))

F242Words in s. 42(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(3), 108(2); S.I. 2004/1319, art. 2(d)

F247Words in s. 42(4) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 33(5), 108(2); S.I. 2004/1319, art. 2(d)

[F25242A Procedure in relation to [F253 exercise of powers under section 42 ] E+W

(1)The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section F254... 42.

(2)Before making any regulations under this section, the Secretary of State shall consult with—

[F255(a)the Mayor's Office for Policing and Crime;]

(b)[F256the National Police Chiefs' Council]; and

(c)such other persons as he thinks fit.

(3)Regulations under this section may make different provision for different cases and circumstances.

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

Textual Amendments

F256Words in s. 42A(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41

F25743 Reports from police authorities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F25844Provision of information by chief officers of policeE+W

(1)The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

(a)the policing of the police area for which that police force is maintained, or

(b)the discharge of the national or international functions of that police force.

(2)A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

(a)the policing of that police area, or

(b)the discharge of the national or international functions of the police force for that area.

(3)A requirement under subsection (1) may specify the form in which information is to be provided.

(4)The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

(5)The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.]

Textual Amendments

F25845 Criminal statistics.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

46 Police grant.E+W

(1)Subject to the following provisions of this section, the Secretary of State shall [F259for each financial year—

(a)make grants to police and crime commissioners for the purposes of their functions,

(b)make grants to the Common Council for the purposes of its functions as police authority, and

(c)make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;]

[F260and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.]

(2)For each financial year the Secretary of State shall with the approval of the Treasury determine—

(a)the aggregate amount of grants to be made under this section, and

(b)the amount of the grant to be made to each [F261grant recipient];

and any determination may be varied by further determinations under this subsection.

(3)The Secretary of State shall prepare a report setting out any determination under subsection (2), and stating the considerations which he took into account in making the determination.

(4)In determining the allocation among [F262grant recipients] of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.

(5)The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for [F263different grant recipients or different classes of grant recipient].

(6)A copy of every report prepared under subsection (3) shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.

(7)A grant to a [F264grant recipient] under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.

[F265(7A)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F266Mayor's Office for Policing and Crime] and pay it over to [F267that Office].]

(8)Where in consequence of a further determination under subsection (2) the amount of [F268a grant recipient's] grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by [F269the grant recipient] to the Secretary of State on such day as he may specify; but no sum shall be payable by [F270a grant recipient] under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

[F271(9)Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the [F272Mayor's Office for Policing and Crime] to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.]

Textual Amendments

47 Grants for capital expenditure.E+W

(1)The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) F273... [F274by local policing bodies].

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

[F275(4)Any grant [F276under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F277Mayor's Office for Policing and Crime] and pay it over to [F278that Office].]

Textual Amendments

48 Grants for expenditure on safeguarding national security.E+W

(1)The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes [F279by local policing bodies in connection with safeguarding national security].

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

[F280(4)Any grant [F281under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime] shall be paid to the Greater London Authority.

(5)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the [F282Mayor's Office for Policing and Crime] and pay it over to [F283that Office].]

Textual Amendments

F28449 Local inquiries.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50 Regulations for police forces.E+W

(1)Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.

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

(a)[F285the ranks to be held by members of police forces;]

(b)the qualifications for appointment and promotion of members of police forces;

(c)periods of service on probation;

(d)voluntary retirement of members of police forces;

(e)the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;

(f)the suspension of members of a police force from membership of that force and from their office as constable;

(g)the maintenance of personal records of members of police forces;

(h)the duties which are or are not to be performed by members of police forces;

(i)the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;

(j)the hours of duty, leave, pay and allowances of members of police forces; and

(k)the issue, use and return of police clothing, personal equipment and accoutrements.

[F286(2ZA)Regulations under this section may not make any provision which may be made under [F287section 50A (regulations as to police ranks) or under] section 1 of the Public Service Pensions Act 2013 in relation to members of police forces.]

[F288(2ZB)If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in [F289subsection (2)(a), (b), (c) or (g)] [F289subsection (2)(b), (c) or (g)], the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a)doing so would impair the efficiency or effectiveness of the police, or

(b)it would be unlawful to do so, or

(c)it would for some other reason be wrong to do so.

(2ZC)The Secretary of State may not make regulations with respect to any of the matters mentioned in [F290subsection (2)(a), (b), (c) or (g)] [F290subsection (2)(b), (c) or (g)] unless the text of the regulations has been prepared or approved by the College of Policing.]

[F291(2A)Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—

(a)powers of suspension, or

(b)powers of removal,

(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

(2B)In subsection (2A)—

  • “power of removal” means—

    (a)

    the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;

    (b)

    the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

  • “power of suspension” means—

    (a)

    the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;

    (b)

    the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.]

[F292(3)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or

(b)make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.]

[F293(3A)Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (3) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a)an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the [F294Director General of the Independent Office for Police Conduct],

(b)at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of a police force, and

(c)condition A, B or C is satisfied in relation to the person.

(3B)Condition A is that the person ceases to be a member of a police force after the allegation first comes to the attention of a person mentioned in subsection (3A)(a).

(3C)Condition B is that the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a) but the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) does not exceed the period specified in regulations under this section.

(3D)Condition C is that—

(a)the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a),

(b)the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) exceeds the period specified for the purposes of condition B, and

(c)the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of a police force.

(3E)Regulations made by virtue of subsection (3A) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the [F295Director General of the Independent Office for Police Conduct] determines that taking such proceedings would be reasonable and proportionate having regard to—

(a)the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

(b)the impact of the allegation on public confidence in the police, and

(c)the public interest.

(3F)Regulations made by virtue of subsection (3A) may make provision about matters to be taken into account by the [F296Director General of the Independent Office for Police Conduct] for the purposes of subsection (3E)(a) to (c).

(3G)Regulations made by virtue of subsection (3A) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a member of a police force.]

(4)In relation to any matter as to which provision may be made by regulations under this section, the regulations mayF297... —

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F298local policing bodies], chief officers of police or other persons, or

(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

(5)Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(6)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

[F299(6A)Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

(a)steps to be taken in connection with the appointment of senior officers;

(b)payments to senior officers who cease to hold office before the end of a fixed term appointment.

(6B)In subsection (6A) “senior officer” means—

(a)a member of a police force holding a rank above that of chief superintendent;

(b)the Commissioner of Police for the City of London.]

(7)Regulations under this section may make different provision for different cases and circumstances.

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

Textual Amendments

F285S. 50(2)(a) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 48(4), 183(1)(5)(e)

F287Words in s. 50(2ZA) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(5), 183(1)(5)(e)

F289Words in s. 50(2ZB) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(6), 183(1)(5)(e)

F290Words in s. 50(2ZC) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 48(6), 183(1)(5)(e)

F292S. 50(3) substituted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F293S. 50(3A)-(3G) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F294Words in s. 50(3A)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F295Words in s. 50(3E) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F296Words in s. 50(3F) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F297Words in s. 50(4) repealed (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 3(3), Sch. 28 Pt. 8; S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Commencement Information

I2S. 50 wholly in force at 1.4.1999; s. 50(1)(2)(4)-(8) in force at 23.8.1996, see s. 104(1)(2); s. 50(3) in force at 1.4.1999 by S.I. 1999/533, art. 2

[F30050ARegulations for police forces: ranksE+W

(1)The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.

(2)The ranks must include the rank of constable.

(3)The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).

(4)The power conferred by subsection (3) includes power to—

(a)repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);

(b)make other amendments of legislation that are consequential on regulations under subsection (1).

(5)In subsection (4), “legislation” means any provision of—

(a)an Act (including this Act),

(b)subordinate legislation within the meaning of the Interpretation Act 1978,

(c)an Act of the Scottish Parliament or an instrument made under such an Act,

(d)a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or

(e)Northern Ireland legislation or an instrument made under Northern Ireland legislation.

(6)Regulations under this section may include transitional, transitory or saving provision.

(7)Regulations under this section may make different provision for different cases or circumstances.]

Textual Amendments

F300Ss. 50A, 50B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 47, 183(1)(5)(e)

[F30050BRegulations under section 50A: procedureE+W

(1)A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2)If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—

(a)lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and

(b)if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.

(3)The duty under subsection (2) does not apply if the Secretary of State considers—

(a)that it would be unlawful to make regulations in terms of the draft,

(b)that it would impair the efficiency of the police to do so, or

(c)that it would for some other reason be wrong to do so.

(4)The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—

(a)the draft is laid in accordance with the duty under subsection (2), or

(b)the College of Policing has approved the text of the regulations.]

Textual Amendments

F300Ss. 50A, 50B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 47, 183(1)(5)(e)

51 Regulations for special constables.E+W

(1)The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.

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

(a)the qualifications for appointment of special constables;

(b)the retirement of special constables;

[F301(ba)the conduct [F302, efficiency and effectiveness] of special constables and the maintenance of discipline;]

(c)the suspension of special constables from their office as constable; [F303and]

[F304(ca)the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;]

(d)the allowances payable to special constables; and

F305(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F306(2ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to special constables.]

[F307(2ZB)If the College of Policing submits to the Secretary of State draft regulations with respect to—

(a)the ranks to be held by special constables,

(b)the qualifications for appointment and promotion of special constables,

(c)periods of service on probation, or

(d)maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZC)The duty in subsection (2ZB) does not apply if the Secretary of State considers that—

(a)making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or

(b)it would be unlawful to make regulations in those terms, or

(c)it would for some other reason be wrong to make regulations in those terms.

(2ZD)The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.]

[F308(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or

(b)make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.]

[F309(2B)Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (2A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a)an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the [F310Director General of the Independent Office for Police Conduct],

(b)at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a special constable, and

(c)condition A, B or C is satisfied in relation to the person.

(2C)Condition A is that the person ceases to be a special constable after the allegation first comes to the attention of a person mentioned in subsection (2B)(a).

(2D)Condition B is that the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a) but the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) does not exceed the period specified in regulations under this section.

(2E)Condition C is that—

(a)the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a),

(b)the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) exceeds the period specified for the purposes of condition B, and

(c)the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a special constable.

(2F)Regulations made by virtue of subsection (2B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the [F311Director General of the Independent Office for Police Conduct] determines that taking such proceedings would be reasonable and proportionate having regard to—

(a)the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

(b)the impact of the allegation on public confidence in the police, and

(c)the public interest.

(2G)Regulations made by virtue of subsection (2B) may make provision about matters to be taken into account by the [F312Director General of the Independent Office for Police Conduct] for the purposes of subsection (2F)(a) to (c).

(2H)Regulations made by virtue of subsection (2B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a special constable.]

F313(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F314(3A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F315local policing bodies], chief officers of police or other persons, or

(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

(4)Subsections (7) and (8) of section 50 shall apply to regulations under this section.

Textual Amendments

F302Words in s. 51(2)(ba) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F304S. 51(2)(ca) inserted (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 4(2), 208(4)(a); S.I. 2022/520, reg. 5(b)

F308S. 51(2A) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(3); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F309S. 51(2B)-(2H) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 29(3), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F310Words in s. 51(2B)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F311Words in s. 51(2F) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F312Words in s. 51(2G) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F314S. 51(3A) inserted (25.6.1997) by 1997 c. 50, s. 128(1); S.I. 1997/1377, art. 2(2)(h)

52 Regulations for police cadets.E+W

(1)The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.

[F316(1ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to police cadets.]

[F317(1A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F318local policing bodies], chief officers of police or other persons, or

(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]

(2)Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.

[F319(3)Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.]

Textual Amendments

F317S. 52(1A) inserted (25.6.1997) by 1997 c. 50, s. 128(2); S.I. 1997/1377, art. 2(2)(h)

[F32052ARegulations about hours, leave or pay: consultation etcE+W

(1)This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—

(a)hours of duty,

(b)leave,

(c)pay and allowances, or

(d)the issue, use and return of police clothing, personal equipment and accoutrements.

(2)In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a)refer the matter to the Police Remuneration Review Body under section 64B(1), and

(b)consider that body's report on the matter.

(3)In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a)consider advice on the matter from the Senior Salaries Review Body, or

(b)where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.

(4)This subsection applies where—

(a)the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and

(b)the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

(5)The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

(a)there is not enough time to do so because the need to make the regulations is so urgent, or

(b)it is unnecessary to do so by reason of the nature of the proposed regulations.

(6)In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

(a)the persons and bodies who between them maintain police forces;

(b)chief officers of police;

(c)members of police forces;

(d)police cadets appointed under section 28.

(7)The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

(8)A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

53 Regulations as to standard [F321and provision] of equipment.E+W

[F322(1)]The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

[F323(1A)The Secretary of State may by regulations make any or all of the following provisions—

(a)provision requiring [F324one or more police forces], when using equipment for the purposes specified in the regulations to use only—

(i)the equipment which is specified in the regulations;

(ii)equipment which is of a description so specified; or

(iii)equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b)provision requiring [F325one or more police forces] to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;

(c)provision prohibiting [F326one or more police forces] from using equipment of a type approved as mentioned in paragraph (a)(iii) except—

(i)where the conditions subject to which the approval was given are satisfied; and

(ii)in accordance with the other terms of that approval;

(d)provision requiring equipment used by [F327one or more police forces] to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(e)provision prohibiting [F328one or more police forces] from using equipment specified in the regulations, or any equipment of a description so specified.

[F329(1AA)The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

(1AB)The regulations may, in particular—

(a)make provision about the nature or terms of such arrangements, or

(b)prescribe arrangements which may be, or must be, used.]

(1B)The Secretary of State shall not make any regulations under subsection (1A) [F330or (1AA)] unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness [F331of one or more police forces].

(2)Before making any regulations under this section, the Secretary of State shall consult with—

[F332(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor's Office for Policing and Crime;

(ab)the Common Council;]

(b)[F333the National Police Chiefs' Council]; and

(c)such other persons as he thinks fit.

(2A)Regulations under this section may make different provision for different cases and circumstances.

(2B)A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2C)In this section “equipment” includes—

[F334(za)software;]

(a)vehicles; and

(b)headgear and protective and other clothing.]

Textual Amendments

F322S. 53 renumbered as s. 53(1) (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 75; S.I. 1997/354, art. 2(2)(ay)

F323S. 53(1A)-(2C) substituted for s. 53(2)(3) (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 6, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F324Words in s. 53(1A)(a) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F325Words in s. 53(1A)(b) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F326Words in s. 53(1A)(c) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)

F327Words in s. 53(1A)(d) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(b), 116(1); S.I. 2010/125, art. 2(b)

F328Words in s. 53(1A)(e) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 11(2)(a), 116(1); S.I. 2010/125, art. 2(b)