Police Act 1996

Part I E+W+S Organisation of Police Forces

Police areas E+W

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 any amendment made to that Schedule by an order under section 32 below, section 58 of the M1 Local Government Act 1972, [F1 section 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, F2 . . .

Textual Amendments

F1 Words in s. 1(2)(a) substituted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 19(2); S.I. 2007/3136, art. 2(b)

F2 Words in s. 1(3) repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 69, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4(b)(c)(d)

Marginal Citations

M1 1972 c. 70.

Forces outside London E+W+S

2 Maintenance of police forces. E+W

A police force shall be maintained for every police area for the time being listed in Schedule 1.

3 Establishment of police authorities. E+W

(1) There shall be a police authority for every police area for the time being listed in Schedule 1.

(2) A police authority established under this section for any area shall be a body corporate to be known by the name of the area with the addition of the words “ Police Authority ”.

4 Membership of police authorities etc. E+W

(1) Subject to subsection (2), each police authority established under section 3 shall consist of seventeen members.

(2) The Secretary of State may by order provide in relation to a police authority specified in the order that the number of its members shall be a specified odd number greater than seventeen.

(3) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

(4) [F3 Schedule 2 ] shall have effect in relation to police authorities established under section 3 and the appointment of their members.

Textual Amendments

F3 Words in s. 4(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 1; S.I. 2006/3364, art. 2(b) (with art. 3)

5 Reductions in size of police authorities. E+W

(1) This section applies to any order under section 4(2) which varies or revokes an earlier order so as to reduce the number of a police authority’s members.

(2) Before making an order to which this section applies, the Secretary of State shall consult—

(a) the authority, [F4 and ]

(b) the councils which are relevant councils in relation to the authority for the purposes of Schedule 2, F5 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order to which this section applies may include provision as to the termination of the appointment of the existing members of the authority and the making of new appointments or re-appointments.

Textual Amendments

F4 Word in s. 5(2)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 371(a); S.I. 2005/910, art. 3(y)

F5 S. 5(2)(c) and word immediately preceding it repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 371(b), Sch. 10; S.I. 2005/910, art. 3(y)

[F6 The metropolitan police force E+W

Textual Amendments

F6 Ss. 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

F7 5A Maintenance of the metropolitan police force. E+W

A police force shall be maintained for the metropolitan police district.

Textual Amendments

F7 Ss. 5A-5C 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

F8 5B Establishment of the Metropolitan Police Authority. E+W

(1) There shall be a police authority for the metropolitan police district.

(2) The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.

Textual Amendments

F8 Ss. 5A-5B 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)

5C Membership etc of the Metropolitan Police Authority. E+W

(1) The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).

(2) The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.

(3) Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult—

(a) the Greater London Authority; [F9 and ]

(b) the Metropolitan Police Authority; F10 ...

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.

(5) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

(6) [F11 Schedule 2A ] shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.]

Textual Amendments

F9 Word in s. 5C(3)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 372(a); S.I. 2005/910, art. 3(y)

F10 S. 5C(3)(c) and word immediately preceding it repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 372(b); S.I. 2005/910, art. 3(y)

F11 Words in s. 5C(6) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 3; S.I. 2006/3364, art. 2(b) (with art. 3)

[F12 The metropolitan police and forces outside London] E+W+S

Textual Amendments

F12 Ss. 5A-5C and headings inserted (1.1.2000 for specified purposes and otherwise on the "operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) for specified purposes and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 310(1) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 3(a); S.I. 2000/1095, arts. 4-6

6 General functions of police authorities. E+W

(1) Every police authority established under section 3

[F13 (a)] shall secure the maintenance of an efficient and effective police force for its area [F14 , and

(b) shall hold the chief officer of police of that force to account for the exercise of his functions and those of persons under his direction and control.]

(2) In discharging its functions, every police authority established under section 3 shall have regard to—

(a) any [F15 strategic priorities determined by the Secretary of State under section 37A],

[F16 (aa) the views of people in the authority's area about policing in that area,]

(b) any objectives determined by the authority [F17 by virtue of section 6ZB ],

(c) any performance targets established by the authority, whether in compliance with a direction under section 38 or otherwise, and

[F18 (d) any plan issued by the authority by virtue of section 6ZB.]

(3) In discharging any function to which a code of practice issued under section 39 relates, a police authority established under section 3 shall have regard to the code.

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20 (5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3]

Textual Amendments

F13 S. 6(1)(a): s. 6(1) renumbered as s. 6(1)(a) (29.6.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 7(2)(a); S.I. 2007/1614, art. 2(b)

F14 S. 6(1)(b) and word inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 7(2)(b); S.I. 2007/1614, art. 2(b)

F15 Words in s. 6(2)(a) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 7(3)(a)

F16 S. 6(2)(aa) inserted (15.3.2010) by Policing and Crime Act 2009 (c. 26), ss. 1(1), 116(1); S.I. 2010/125, art. 4

F17 Words in s. 6(2)(b) substituted (1.4.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 7(3)(b); S.I. 2008/790, art. 2(b)

F18 S. 6(2)(d) substituted (1.4.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 7(3)(c); S.I. 2008/790, art. 2(b)

F19 S. 6(4) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 7(4), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(r)(i) (with art. 6)

F20 S. 6(5) inserted (3.7.2000) by 1999 c. 29, s. 311 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch

[F21 6ZA Power to confer particular functions on police authorities E+W+S

(1) The Secretary of State may by order confer particular functions on police authorities.

(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring a police authority—

(a) to monitor the performance of the police force maintained for its area 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;

(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 the authority.

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

(a) the Association of Police Authorities,

(b) the Association of Chief Police Officers, and

(c) such other persons as he thinks fit.

(4) An order under this section may make different provision for different police authorities.

(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

F21 S. 6ZA inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 8; S.I. 2006/3364, art. 2(b) (with art. 3)

[F22 6ZB Plans by police authorities E+W+S

(1) Before the beginning of each financial year every police authority shall issue a plan (a “policing plan”) setting out—

(a) the authority's objectives (“policing objectives”) for the policing of its area during that year; and

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

(2) Policing objectives shall be so framed as to be consistent with any strategic priorities determined under section 37A.

(3) Before determining policing objectives, a police authority shall—

(a) consult the relevant chief officer of police, and

(b) consider any views obtained by the authority in accordance with arrangements made under section 96.

(4) A draft of a policing plan required to be issued by a police authority under this section shall be prepared by the relevant chief officer of police and submitted by him to the authority for it to consider.

The authority shall consult the relevant chief officer of police 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—

(a) the Association of Police Authorities,

(b) the Association of Chief Police Officers, and

(c) such other persons as he thinks fit.

(9) Regulations under this section may make different provision for different police authorities.

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

(11) In this section “the relevant chief officer of police”, in relation to a police authority, means the chief officer of police of the police force maintained by that authority.

Textual Amendments

F22 Ss. 6ZB, 6ZC inserted (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 9; S.I. 2008/311, art. 2(b)

6ZC Reports by police authorities E+W+S

(1) The Secretary of State may by order require police authorities to issue reports concerning the policing of their areas.

(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—

(a) the Association of Police Authorities,

(b) the Association of Chief Police Officers, and

(c) such other persons as he thinks fit.

(4) An order under this section may make different provision for different police authorities.

(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

F22 Ss. 6ZB, 6ZC inserted (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 9; S.I. 2008/311, art. 2(b)

F23 6A Three-year strategy plans E+W

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

Textual Amendments

F23 S. 6A repealed (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 10, Sch. 15 Pt. 1(B); S.I. 2008/311, art. 2(b)

F24 7 Local policing objectives. E+W

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

Textual Amendments

F24 S. 7 repealed (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 10, Sch. 15 Pt. 1(B); S.I. 2008/311, art. 2(b)

F25 8 Local policing plans. E+W

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

Textual Amendments

F25 S. 8 repealed (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 10, Sch. 15 Pt. 1(B); S.I. 2008/311, art. 2(b)

[F26 8A Local policing summaries E+W+S

(1) As soon as possible after the end of each financial year, every police authority established under section 3 shall issue a report for members of the public in the authority's area on matters relating to the policing of that area for the year.

(2) Such a report is referred to in this section as a “local policing summary”.

(3) The Secretary of State may by order specify matters which are to be included in a local policing summary.

(4) A police authority shall arrange—

(a) for every local policing summary issued by it under this section to be published in such manner as appears to it to be appropriate, and

(b) for a copy of every such summary to be sent, by whatever means appear to the authority to be appropriate, to each person liable to pay any tax, precept or levy to or in respect of the authority.

(5) It shall be the duty of a police authority, in preparing and publishing a local policing summary, to have regard to any guidance given by the Secretary of State about the form and content of local policing summaries and the manner of their publication.

(6) Before making an order under subsection (3), and before giving any such guidance as is referred to in subsection (5), the Secretary of State must consult—

[F27 (a) the Association of Police Authorities;]

[F27 (b) the Association of Chief Police Officers; and]

(c) such other persons as he thinks fit.

(7) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.

(8) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F26 S. 8A inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 157, 178(8); S.I. 2005/1521, art. 5(2)

F27 S. 8A(6)(a)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 4 para. 2; S.I. 2007/709, art. 3(d) (with art. 6)

F28 9 Annual reports by police authorities. E+W

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

Textual Amendments

F28 S. 9 repealed (14.3.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 10, Sch. 15 Pt. 1(B); S.I. 2008/311, art. 2(b) (with art. 3)

[F29 9A General functions of the Commissioner of Police of the Metropolis. E+W

(1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.

[F30 (1A) Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).]

(2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard [F31 to—

(a) any arrangements involving the metropolitan police force that are made by virtue of section 6ZA(2)(b);

(b) the policing plan issued by the Metropolitan Police Authority under section 6ZB.]]

Textual Amendments

F29 S. 9A inserted (3.7.2000) by 1999 c. 29, s. 314, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F30 S. 9A(1A) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 2; S.I. 2010/507, art. 4(c)

F31 Words in s. 9A(2) substituted (1.4.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 11; S.I. 2008/790, art. 2(b)

[F32 9B Appointment of Commissioner of Police of the Metropolis. E+W

(1) There shall be a Commissioner of Police of the Metropolis.

(2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Mayor of London.

(6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.]

Textual Amendments

F32 S. 9B inserted (3.7.2000) by 1999 c. 29, s. 315, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F33 9C Functions of Deputy Commissioner of Police of the Metropolis. E+W

(1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

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

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

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

(2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.]

Textual Amendments

F33 S. 9C inserted (3.7.2000) by 1999 c. 29, s. 316, (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2. Sch.

[F34 9D Appointment of Deputy Commissioner of Police of the Metropolis. E+W

(1) There shall be a Deputy Commissioner of Police of the Metropolis.

(2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Commissioner.

(6) In this section—

• “the Commissioner” means the Commissioner of Police of the Metropolis;

• “Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.]

Textual Amendments

F34 S. 9D inserted (3.7.2000) by 1999 c. 29, s. 317 (with Sch 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F35 9E Removal of Commissioner or Deputy Commissioner. E+W

(1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis [F36 in the interests of efficiency or effectiveness, to retire or to resign ] .

(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis [F37 —

(a) an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and

(b) an opportunity to make representations;

and the Authority shall consider any representations made by or on behalf of the Commissioner.

The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.]

[F38 (2A) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if—

(a) it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or

(b) having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or

(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;

and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).]

(3) Where the Commissioner of Police of the Metropolis is called upon to [F39 retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date ] as may be agreed upon between him and the Authority.

(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.

(5) This section is without prejudice to—

(a) section 9B(3),

(b) section 9D(3),

(c) any regulations under section 50, or

(d) any regulations under the M2 Police Pensions Act 1976.]

Textual Amendments

F35 S. 9E inserted (3.7.2000) by 1999 c. 29, s. 318 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F36 Words in s. 9E(1) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(1)(a), 108(2); S.I. 2004/1319, art. 2(a)

F37 Words in s. 9E(2) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 31(1), 108(2); S.I. 2004/1319, art. 2(b)

F38 S. 9E(2A) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(1), 108(2); S.I. 2004/1319, art. 2(c)

F39 Words in s. 9E(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(1)(b), 108(2); S.I. 2004/1319, art. 2(a)

Marginal Citations

M2 1976 c. 35.

[F40 9F Assistant Commissioners of Police of the Metropolis. E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).

(2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis [F41 but with the omission in subsection (2A)—

(a) of paragraph (b);

(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and

(c) of the words after paragraph (c).]

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M3 Police Pensions Act 1976.

(5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.

(6) Subsection (5) is without prejudice to any regulations under section 50.]

Textual Amendments

F40 S. 9F inserted (3.7.2000) by 1999 c. 29, s. 319 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F41 Words in s. 9F(3) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(3), 108(2); S.I. 2004/1319, art. 2(c)

Marginal Citations

M3 1976 c. 35.

[F42 9FA Appointment and removal of Deputy Assistant Commissioners E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”).

(2) Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis.

[F43 (3A) A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if—

(a) it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or

(b) having been notified by the Secretary of State that he is proposing to consider whether to require the police authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or

(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;

and it shall be the duty of a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).]

(4) Subsection (3) of this section is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the Police Pensions Act 1976 (c. 35).]

Textual Amendments

F42 S. 9FA inserted (1.1.2002) by 2001 c. 16, s. 122(1); S.I. 2001/3736, art. 3(a)

F43 Words in s. 9FA(3) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(3), 108(2); S.I. 2004/1319, art. 2(c)

[F44 9G Commanders. E+W

(1) The ranks that may be held in the metropolitan police force shall include that of Commander.

(2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis [F45 but with the omission in subsection (2A)—

(a) of paragraph (b);

(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and

(c) of the words after paragraph (c).]

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M4 Police Pensions Act 1976.]

Textual Amendments

F44 S. 9G inserted (3.7.2000) by 1999 c. 29, s. 320 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F45 Words in s. 9G(3) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(3), 108(2); S.I. 2004/1319, art. 2(c)

Marginal Citations

M4 1976 c. 35.

[F46 9H Other members of the metropolitan police force. E+W

(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

[F47 (ca) Deputy Assistant Commissioner of Police of the Metropolis, and]

(d) Commander,

those of [F48 chief 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

F46 S. 9H inserted (3.7.2000) by 1999 c. 29, s. 322 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F47 S. 9H(2)(ca) substituted (1.1.2002) for word "and" by 2001 c. 16, s. 122(2); S.I. 2001/3736, art. 3(a)

F48 Words in s. 9H(2) inserted (1.1.2002) by 2001 c. 16, s. 125(1); S.I. 2001/3736, art. 3(a)

10 General functions of chief constables. E+W

(1) A police force maintained under section 2 shall be under the direction and control of the chief constable appointed under section 11.

[F49 (1A) Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).]

(2) In discharging his functions, every chief constable shall have regard [F50 to—

(a) any arrangements involving his force that are made by virtue of section 6ZA(2)(b);

(b) the policing plan issued by the police authority for his area under section 6ZB.]

Textual Amendments

F49 S. 10(1A) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 3; S.I. 2010/507, art. 4(c)

F50 Words in s. 10(2) substituted (1.4.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 12; S.I. 2008/790, art. 2(b)

Modifications etc. (not altering text)

C1 S. 10(1) excluded (1.4.1998) by 1997 c. 50, s. 23(5); S.I. 1998/354, art. 2(2)(j)

S. 10(1) excluded (1.1.2000) by S.I. 1999/3272, art. 2(2)

11 Appointment and removal of chief constables. E+W

(1) The chief constable of a police force maintained under section 2 shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under section 50.

(2) Without prejudice to any regulations under section 50 or under the M5 Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable [F51 in the interests of efficiency or effectiveness, to retire or to resign ] .

(3) Before seeking the approval of the Secretary of State under subsection (2), the police authority shall give the chief constable [F52 —

(a) an explanation in writing of the authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and

(b) an opportunity to make representations;

and the authority shall consider any representations made by or on behalf of the chief officer.

The opportunity given to the chief constable to make representations must include the opportunity to make them in person.]

[F53 (3A) A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if—

(a) it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or

(b) having been notified by the Secretary of State that he is proposing to consider whether to require the police authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or

(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;

and it shall be the duty of a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).]

(4) A chief constable who is called upon to [F54 retire or resign under subsection (2), shall retire or resign with effect from such date as the police authority may specify, or with effect from such earlier date ] as may be agreed upon between him and the authority.

Textual Amendments

F51 Words in s. 11(2) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(2)(a), 108(2); S.I. 2004/1319, art. 2(a)

F52 Words in s. 11(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 31(2), 108(2); S.I. 2004/1319, art. 2(b)

F53 S. 11(3A) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(2), 108(2); S.I. 2004/1319, art. 2(c)

F54 Words in s. 11(4) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(2)(b), 108(2); S.I. 2004/1319, art. 2(a)

Marginal Citations

M5 1976 c. 35.

[F55 11A Appointment and removal of deputy chief constables E+W

(1) Every police force maintained under section 2 shall have [F56 one or more deputy chief constables].

[F57 (2) The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.

(2A) Where the police authority responsible for maintaining a police force—

(a) proposes to increase the number of deputy chief constables that the force has, or

(b) proposes to appoint a particular person to be a deputy chief constable,

it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.]

(3) Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable.] [F58 but with the omission in subsection (3A)—

(a) of paragraph (b);

(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and

(c) of the words after paragraph (c).]

Textual Amendments

F55 S. 11A inserted (1.1.2002) by 2001 c. 16, s. 123(1); S.I. 2001/3736, art. 3(a)

F56 Words in s. 11A(1) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 14(2)

F57 S. 11A(2)(2A) substituted for s. 11A(2) (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 14(3)

F58 Words in s. 11A(3) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(4), 108(2); S.I. 2004/1319, art. 2(c)

12 Assistant chief constables. E+W

(1) The ranks that may be held in a police force maintained under section 2 shall include that of assistant chief constable; and in every such police force there shall be at least one person holding that rank.

(2) Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under section 50, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(3) Subsections (2) [F59 to ] (4) of section 11 shall apply to an assistant chief constable as they apply to a chief constable. [F60 but with the omission in subsection (3A) —

(a) of paragraph (b);

(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and

(c) of the words after paragraph (c).]

F61 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Word in s. 12(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(5)(a), 108(2); S.I. 2004/1319, art. 2(c)

F60 Words in s. 12(3) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(5)(b), 108(2); S.I. 2004/1319, art. 2(c)

F61 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

F62 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

F63 S. 12(4)-(6) repealed (1.1.2002) by 2001 c. 16, ss. 124(1), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 3(a)(c)

[F64 12A Power of deputy to exercise functions of chief constable E+W

(1) [F65 The appropriate deputy chief constable] of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—

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

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

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

[F66 (1A) The appropriate deputy chief constable for the purposes of subsection (1) is—

(a) in the case of a police force that has only one deputy chief constable, the deputy chief constable;

(b) in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable.

(1B) The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).

(1C) During any absence, incapacity or suspension from duty of the person who—

(a) is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or

(b) is treated under this subsection as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.]

[F67 (2) The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—

(a) the chief constable is absent, incapacitated or suspended from duty and—

(i) the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or

(ii) the office of the deputy chief constable, or of each of the deputy chief constables, is vacant;

or

(b) the office of the chief constable is vacant and—

(i) the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or

(ii) the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty.]

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

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

(5) The provisions of [F68 subsections (1) to (2)] shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.]

Textual Amendments

F64 S. 12A inserted (1.1.2002) by 2001 c. 16, s. 124(2); S.I. 2001/3736, art. 3(a)

F65 Words in s. 12A(1) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(2)

F66 Ss. 12A(1A)-(1C) inserted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(3)

F67 S. 12A(2) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(4)

F68 Words in s. 12A(5) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(5)

13 Other members of police forces. E+W

(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 [F69 , deputy chief constable] and assistant chief constable, the ranks of [F70 chief 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

F69 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 123(2)(a); S.I. 2001/3736, art. 3(a)

F70 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 125(2); S.I. 2001/3736, art. 3(a)

14 Police fund. E+W

(1) Each police authority established under section 3 shall keep a fund to be known as the police fund.

(2) Subject to any regulations under thePolice Pensions Act 1976, all receipts of the police authority shall be paid into the police fund and all expenditure of the authority shall be paid out of that fund.

(3) Accounts shall be kept by each police authority of payments made into or out of the police fund.

[F71 (4) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.]

Textual Amendments

F71 S. 14(4) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 73 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

15 Civilian employees. E+W

(1) A police authority established under section 3 may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.

[F72 (2) A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to [F73 any provision included in a police force collaboration agreement by virtue of section 23(4) and to] section 24(3A), any person employed by the authority under this section solely to assist the police force maintained by the authority is under the direction and control of the chief officer of police of that force.]

F74 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The powers of direction and control referred to in subsection (2) include the powers of engagement and dismissal.

[F75 (5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.]

Textual Amendments

F72 S. 15(2) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 16(2); S.I. 2007/709, art. 3(c) (with art. 6)

F73 Words in s. 15(2) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 4; S.I. 2010/507, art. 4(c)

F74 S. 15(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 16(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

F75 S. 15(5) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 73(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

16 Appointment of [F76 chief executive]. E+W

F77 (1) A police authority established under section 3 shall appoint a person to be the [F78 chief executive of] the authority.

[F79 (2) The Metropolitan Police Authority shall appoint a person to be the [F80 chief executive of] the Metropolitan Police Authority.]

Textual Amendments

F76 Words 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)

F77 S. 16 renumbered as s. 16(1) (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. 325, Sch. 27 para. 75(2) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

F78 Words in s. 16(1) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 18(2); S.I. 2007/709, art. 3(c) (with art. 6)

F79 S. 16(2) inserted (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. 325, Sch. 27 para. 75(3) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

F80 Words in s. 16(2) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 18(2); S.I. 2007/709, art. 3(c) (with art. 6)

Modifications etc. (not altering text)

C2 S. 16 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(b)

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

F81 (1) Where a police authority established under section 3 is required or authorised by any Act—

(a) to appoint a person to a specified office under the authority, or

(b) to designate a person as having specified duties or responsibilities,

then, notwithstanding any provision of that Act to the contrary, the authority may appoint or designate either a person employed by the authority under section 15, or a person not holding any office or employment under the authority.

[F82 (2) This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.]

Textual Amendments

F81 S. 17 renumbered as s. 17(1) (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. 325, Sch. 27 para. 76(2) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

F82 S. 17(2) inserted (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. 325, Sch. 27 para. 76(3) (with Sch. 12 para. 9(1)); S.I. 2000/1095, arts. 4-6

[F83 18 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)—

(a) shall apply, with the modification set out in subsection (2), to a police authority established under section 3 of this Act and to the Metropolitan Police Authority as they apply to a local authority; and

(b) shall also apply with that modification 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.

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

[F84 (3) A police authority may not enter into an agreement with another police authority under section 1 of the 1970 Act in respect of a matter which could be the subject of a police authority collaboration agreement.]]

Textual Amendments

F83 S. 18 substituted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 101, 108(2)-(5); S.I. 2002/2306, art. 2(f)(x)

F84 S. 18(3) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 5; S.I. 2010/507, art. 4(c)

19 Approval of decisions about precepts. E+W

(1) A police authority established under section 3 shall not—

(a) issue a precept under section 40 of the M6 Local Government Finance Act 1992, or

(b) make the calculations required by section 43 of that Act,

except by a decision of the authority which complies with subsection (2) below.

(2) A decision complies with this subsection only if the members approving it—

(a) constitute at least half of the total membership at the time of the decision, and

(b) include more than half of the members (at that time) [F85 who are members of a relevant council as defined in paragraph 8 of Schedule 2 ] .

Textual Amendments

F85 Words in s. 19(2)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 5; S.I. 2006/3364, art. 2(b) (with art. 3)

Marginal Citations

M6 1992 c. 14.

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

(1) Every relevant council shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of a police authority [F86 established under section 3] to be put by members of the council at a meeting of the council for answer by a person nominated by the authority for that purpose.

(2) On being given reasonable notice by a relevant council of a meeting of that council at which questions on the discharge of the police authority’s functions are to be put, the police authority shall nominate one or more of its members to attend the meeting to answer those questions.

(3) In this section “relevant council” has the same meaning as in Schedule 2.

Textual Amendments

F86 Words in s. 20(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 78 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F87 20A Questions on metropolitan police matters at London Assembly meetings. E+W+S

(1) The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.

(2) On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.]

Textual Amendments

F87 S. 20A inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 78 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

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

(1) Any relevant legislative provision which, immediately before 21st July 1994, applied to police authorities constituted in accordance with section 2 of the M7 Police Act 1964 shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 above.

(2) Subsection (1) is subject to any provision to the contrary made—

(a) by this Act, or

(b) by any other Act passed, or subordinate legislation made, on or after 21st July 1994.

(3) For the purposes of subsection (1), a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—

(a) was made before 21st July 1994 under a public general Act, and

(b) is of a legislative character.

Marginal Citations

M7 1964 c. 48.

General provisions E+W

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

(1) Every [F88 chief officer of police of a police force] shall, as soon as possible after the end of each financial year, submit to the police authority a general report on the policing during that year of the area for which his force is maintained.

(2) A [F88 chief officer]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) The [F88 chief officer of police] of a police force shall, whenever so required by the police authority, submit to that authority a report on such matters as may be specified in the requirement, being matters connected with the policing of the area for which the force is maintained.

(4) A report submitted under subsection (3) shall be in such form as the police authority may specify.

(5) If it appears to the [F88 chief officer] 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 police authority, he may request that authority 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 police authority may arrange, or require the [F88 chief officer]to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the authority to be appropriate.

F89 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Words 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.

F89 S. 22(7) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 79(6), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F90 23 Police force collaboration agreements E+W

(1) The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.

(2) An agreement may, in particular, provide—

(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.

(3) An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.

(4) An 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 an 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.

(6) A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.

(7) In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.

(8) An agreement under this section is referred to in this Part as a police force collaboration agreement.]

Textual Amendments

F90 Ss. 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)

[F90 23A Police authority collaboration agreements E+W

(1) Two or more police authorities may make an agreement about the provision of support—

(a) for any of those police authorities;

(b) for any of the police forces maintained by them.

(2) An agreement may, in particular, provide—

(a) for support to be provided jointly by two or more authorities;

(b) for support to be provided for two or more authorities or forces jointly;

(c) for an authority to provide support to another authority or to a force maintained by another authority.

(3) In this section references to the provision of support include, in particular, the provision of—

(a) premises;

(b) equipment;

(c) staff;

(d) services;

(e) facilities.

(4) A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer.

(5) A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.

(6) Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.

(7) An agreement under this section is referred to in this Part as a police authority collaboration agreement.

Textual Amendments

F90 Ss. 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)

23B Collaboration agreements: payments E+W

(1) A collaboration agreement may provide for payments between relevant police authorities.

(2) Provision under subsection (1) may, in particular—

(a) specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined;

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

(3) A relevant police authority must make any payments required by provision made under subsection (1).

(4) “Relevant police authority”—

(a) in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and

(b) in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement.

(5) In this Part “collaboration agreement” means—

(a) a police force collaboration agreement, or

(b) a police authority collaboration agreement.

Textual Amendments

F90 Ss. 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)

23C Collaboration agreements: consultation and supplemental E+W

(1) A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties.

(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.

Textual Amendments

F90 Ss. 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)

23D Collaboration agreements: accountability E+W

(1) Where a chief officer makes a police force collaboration agreement, the police authority 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 approving an agreement as mentioned in section 23(6), a police authority 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 police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement.

(4) The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account.

Textual Amendments

F90 Ss. 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)

23E Collaboration agreements: publication E+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) In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1).

Textual Amendments

F90 Ss. 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)

23F Collaboration agreements: guidance E+W

(1) The Secretary of State may give chief officers or police authorities guidance about collaboration agreements or related matters.

(2) In discharging their functions, chief officers and police authorities must have regard to the guidance.

Textual Amendments

F90 Ss. 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)

23G Collaboration agreements: directions E+W

(1) The Secretary of State may give chief officers or police authorities directions about collaboration agreements or related matters.

(2) A direction may be given to—

(a) one or more chief officers;

(b) one or more police authorities.

(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

F90 Ss. 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)

23H Collaboration agreements: termination by Secretary of State E+W

(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

F90 Ss. 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)

23I Collaboration agreements: definitions E+W

(1) This section has effect for the purposes of sections 23 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) “Police authority” includes—

(a) the British Transport Police Authority, and

(b) the Civil Nuclear Police Authority.]

Textual Amendments

F90 Ss. 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)

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 [F91 sections 9A(1) and 10(1)], be under the direction and control of the chief officer of police of that other force.

[F92 (3A) While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.]

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

[F93 (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 police authority, a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to section 10(1) shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.]

F94 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Words in s. 24(3) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 22; S.I. 2007/709, art. 3(c) (with art. 6)

F92 S. 24(3A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 17; S.I. 2007/709, art. 3(c) (with art. 6)

F93 S. 24(4A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(4)(b)

F94 S. 24(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 70, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)

Modifications etc. (not altering text)

C3 S. 24 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

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 police authority of charges on such scales as may be determined by that authority.

[F95 (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 [F96 British Transport Police Authority] of charges on such scales as may be determined by that Authority.]

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

Textual Amendments

F95 S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23

F96 Words in s. 25(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 12(1)(c)

Modifications etc. (not altering text)

C4 S. 25 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

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

(1) Subject to the provisions of this section, a police authority 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 the authority or the chief officer of police for its area.

(2) The power conferred on a police authority by subsection (1) includes a power to make arrangements under which a member of the police force maintained by the authority 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 police authority 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 police authority may make charges for advice or assistance provided by it under this section.

F97 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The provisions of this section are without prejudice to the M8 Police (Overseas Service) Act 1945 F98 . . . .

Textual Amendments

F97 S. 26(7) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 81, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F98 Words in s. 26(8) repealed (17.6.2002) by International Development Act 2002 (c. 1), ss. 19, 20(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

Marginal Citations

M8 9 & 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 [F99 provision included in a police force collaboration agreement by virtue of section 23(4),] [F100 section 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

F99 Words in s. 27(2) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 6; S.I. 2010/507, art. 4(c)

F100 Words in s. 27(2) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 23; S.I. 2007/709, art. 3(c) (with art. 6)

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) Without prejudice to subsection (2), 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, the police authority that maintains a police force shall be treated as the employer of any police cadets undergoing training with the force.

F101 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 S. 28(4) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 82, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

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—

F102 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F103 . . . before a justice of the peace having jurisdiction within the police area.

Textual Amendments

F102 S. 29(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F103 Words in s. 29(b) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 83, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Modifications etc. (not altering text)

C5 S. 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)

C6 S. 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)

C7 S. 29 applied (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 51(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

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.

[F104 (2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]

F105 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F106 (3A) A member of the British Transport Police Force who is for the time being required by virtue of [F107 section 24] to serve with a police force maintained by a police authority shall have all the powers and privileges of a member of that police force.]

[F108 (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 police force collaboration agreement under section 23, 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.]

F109 (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

F104 S. 30(2) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(2); S.I. 2007/709, art. 3(c) (with art. 6)

F105 S. 30(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

F106 S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24

F107 Words in s. 30(3A) substituted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 7(a); S.I. 2010/507, art. 4(c)

F108 S. 30(3B)(3C) inserted (12.3.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 7(b); S.I. 2010/507, art. 4(c)

F109 S. 30(4) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 21(3), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(c)(r)(i) (with art. 6)

Modifications etc. (not altering text)

C8 S. 30 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

31 Rewards for diligence. E+W

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.

Alteration of police areas E+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 police authority for each of the areas F110 . . . 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 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.

F111 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Words in s. 32(3)(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 84(2), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F111 S. 32(5) repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 84(3) Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4(b)(c)(d)

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 police authority for every area F112 . . . 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,

F113 [(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

F112 Words in s. 33(1)(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 85(2), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F113 S. 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—

(a) provision as to the membership of a police authority;

(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.

(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 M9 London Government Act 1963 (extent of metropolitan police district), and

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

(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.

Marginal Citations

M9 1963 c. 33.

Supplemental E+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.