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F2 Words in s. 1(3) repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 69, Sch. 34 Pt.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

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

[F7 (1)] A police force shall be maintained for the metropolitan police district.

[F8 (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

F7 S. 5A(1): s. 5A renumbered as s. 5A(1) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 6(2); S.I. 2011/3019, art. 3, Sch. 1

F8 S. 5A(2) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 6(3); S.I. 2011/3019, art. 3, Sch. 1

F9 5B Establishment of the Metropolitan Police Authority. E+W

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Textual Amendments

F9 Ss. 5B-6 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 7; S.I. 2011/3019, art. 3, Sch. 1 (with art. 10(1)(4))

F9 5C Membership etc of the Metropolitan Police Authority. E+W

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Textual Amendments

F9 Ss. 5B-6 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 7; S.I. 2011/3019, art. 3, Sch. 1 (with art. 10(1)(4))

[F10 The metropolitan police and forces outside London] E+W+S

Textual Amendments

F10 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

F9 6 General functions of police authorities. E+W

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Textual Amendments

F9 Ss. 5B-6 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 7; S.I. 2011/3019, art. 3, Sch. 1 (with art. 10(1)(4))

[F11 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

F11 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)

[F12 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

F12 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

F12 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)

F13 6A Three-year strategy plans E+W

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Textual Amendments

F13 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)

F14 7 Local policing objectives. E+W

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Textual Amendments

F14 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)

F15 8 Local policing plans. E+W

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Textual Amendments

F15 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)

F16 8A Local policing summaries E+W+S

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F17 9 Annual reports by police authorities. E+W

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Textual Amendments

F17 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)

F16 9A General functions of the Commissioner of Police of the Metropolis. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9B Appointment of Commissioner of Police of the Metropolis. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9C Functions of Deputy Commissioner of Police of the Metropolis. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9D Appointment of Deputy Commissioner of Police of the Metropolis. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9E Removal of Commissioner or Deputy Commissioner. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9F Assistant Commissioners of Police of the Metropolis. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9FA Appointment and removal of Deputy Assistant Commissioners E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

F16 9G Commanders. E+W

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Textual Amendments

F16 Ss. 8A-9G omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 13; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 7)

[F18 Police ranks ] E+W+S

Textual Amendments

F18 S. 9H cross-heading inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 14; S.I. 2011/3019, art. 3, Sch. 1

[F19 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

[F20 (ca) Deputy Assistant Commissioner of Police of the Metropolis, and]

(d) Commander,

those of [F21 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

F19 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.

F20 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)

F21 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.

[F22 (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 [F23 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

F22 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)

F23 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 M2 Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable [F24 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 [F25 —

(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.]

[F26 (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 [F27 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

F24 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)

F25 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)

F26 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)

F27 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

M2 1976 c. 35.

[F28 11A Appointment and removal of deputy chief constables E+W

(1) Every police force maintained under section 2 shall have [F29 one or more deputy chief constables].

[F30 (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.] [F31 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

F28 S. 11A inserted (1.1.2002) by 2001 c. 16, s. 123(1); S.I. 2001/3736, art. 3(a)

F29 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)

F30 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)

F31 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) [F32 to ] (4) of section 11 shall apply to an assistant chief constable as they apply to a chief constable. [F33 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).]

F34 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 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)

F33 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)

F34 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)

F35 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)

F36 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)

[F37 12A Power of deputy to exercise functions of chief constable E+W

(1) [F38 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.

[F39 (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.]

[F40 (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 [F41 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

F37 S. 12A inserted (1.1.2002) by 2001 c. 16, s. 124(2); S.I. 2001/3736, art. 3(a)

F38 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)

F39 Ss. 12A(1A)-(1C) inserted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(3)

F40 S. 12A(2) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 2 para. 15(4)

F41 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 [F42 , deputy chief constable] and assistant chief constable, the ranks of [F43 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

F42 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 123(2)(a); S.I. 2001/3736, art. 3(a)

F43 Words in s. 13(1) inserted (1.1.2002) by 2001 c. 16, s. 125(2); S.I. 2001/3736, art. 3(a)

F44 14 Police fund. E+W

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

Textual Amendments

F44 Ss. 14-17 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 16; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 8)

F44 15 Civilian employees. E+W

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

Textual Amendments

F44 Ss. 14-17 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 16; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 8)

F44 16 Appointment of [F45 chief executive]. E+W

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

Textual Amendments

F44 Ss. 14-17 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 16; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 8)

F45 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)

F44 17 Appointment of persons not employed by police authorities. E+W

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

Textual Amendments

F44 Ss. 14-17 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 16; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 8)

[F46 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)—

F47 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F48 (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

F46 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)

F47 S. 18(1)(a) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 18(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 9)

F48 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 M3 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) [F49 who are members of a relevant council as defined in paragraph 8 of Schedule 2 ] .

Textual Amendments

F49 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

M3 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 [F50 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

F50 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.

[F51 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

F51 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 M4 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

M4 1964 c. 48.

General provisions E+W+S

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

(1) Every [F52 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 [F52 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 [F52 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 [F52 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 [F52 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.

F53 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 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.

F53 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.

[F54 General provisions] E+W+S

Textual Amendments

F54 S. 22A cross-heading inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 22; S.I. 2011/3019, art. 3, Sch. 1

[F55 22A Collaboration agreements E+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 and 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 (1) 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

F55 Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

22B Duty of chief officers to keep collaboration agreements under review E+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

F55 Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

22C Duty of policing bodies to keep collaboration agreements under review E+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

F55 Ss. 22A-22C inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

[F56 23 [F57 Collaboration agreements involving police forces] E+W

F58 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F59 Force 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.

F60 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F61 A 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 [F62 a 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.

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

F63 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F56 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)

F57 S. 23 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(2); S.I. 2011/3019, art. 3, Sch. 1

F58 S. 23(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(3); S.I. 2011/3019, art. 3, Sch. 1

F59 Words in s. 23(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(4); S.I. 2011/3019, art. 3, Sch. 1

F60 S. 23(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(5); S.I. 2011/3019, art. 3, Sch. 1

F61 Words in s. 23(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(6); S.I. 2011/3019, art. 3, Sch. 1

F62 Words in s. 23(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(7); S.I. 2011/3019, art. 3, Sch. 1

F63 S. 23(6)(7)(8) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 2(8); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2011/3019, art. 3, Sch. 1

[F56 23A [F64 Collaboration agreements involving policing bodie] E+W

F65 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F66 Policing 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 [F67 policing bodies];

(b) for support to be provided for two or more [F67 policing bodies] or forces jointly;

(c) for [F68 a policing body] to provide support to [F69 another policing body] or to a force maintained by [F69 another policing body].

(3) [F70 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.

F71 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F72 A 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 [F73 policing bodies] or police forces.

[F74 (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).]

F75 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 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)

F64 S. 23A title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(2); S.I. 2011/3019, art. 3, Sch. 1

F65 S. 23A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(3); S.I. 2011/3019, art. 3, Sch. 1

F66 Words in s. 23A(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F67 Words in s. 23A(2)(a)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F68 Words in s. 23A(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(c)(i); S.I. 2011/3019, art. 3, Sch. 1

F69 Words in s. 23A(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(4)(c)(ii); S.I. 2011/3019, art. 3, Sch. 1

F70 Words in s. 23A(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(5); S.I. 2011/3019, art. 3, Sch. 1

F71 S. 23A(4) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(6); S.I. 2011/3019, art. 3, Sch. 1

F72 Words in s. 23A(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(7)(a); S.I. 2011/3019, art. 3, Sch. 1

F73 Words in s. 23A(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(7)(b); S.I. 2011/3019, art. 3, Sch. 1

F74 S. 23A(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(8); S.I. 2011/3019, art. 3, Sch. 1

F75 S. 23A(7) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 3(9); S.I. 2011/3019, art. 3, Sch. 1

[F76 23AA Force collaboration provision about civilian employees E+W+S

(1) This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by designated civilian employees 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 designated civilian employees 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 designated civilian employees to discharge those functions.

(3) The force collaboration provision must not permit the designated civilian employees to discharge functions for the purposes of the assisted force unless those employees 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 designated civilian employees 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 civilian employees of the assisting force for the purposes of the assisted force include references to—

(a) the joint discharge of functions by the civilian employees and members of the assisted police force,

(b) the discharge of functions by the civilian employees in the assisted force's area, and

(c) the provision of the civilian employees to the assisted force.

(6) In this section—

• “designated”, in relation to a civilian employee of a police force, means designated by the chief officer of police of that force by a section 38 designation;

• “relevant section 38 designation”, in relation to a designated civilian employee, means the section 38 designation relating to the employee;

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

Textual Amendments

F76 S. 23AA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 13 para. 1; S.I. 2011/3019, art. 3, Sch. 1

23B Collaboration agreements: payments E+W

(1) A collaboration agreement may provide for payments between [F77 parties to the agreement].

(2) Provision under subsection (1) may [F78 in the case of policing bodies or chief officers of police who are parties to the agreement], in particular—

(a) specify the [F79 policing bodies or chief officers of police] by which and to which a payment is to be made or the manner in which those [F79 policing 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) [F80 A policing body or chief officer of police] must make any payments required by provision made under subsection (1).

F81 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 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)

F77 Words in s. 23B(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(2); S.I. 2011/3019, art. 3, Sch. 1

F78 Words in s. 23B(2) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(3)(a); S.I. 2011/3019, art. 3, Sch. 1

F79 Words in s. 23B(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(3)(b); S.I. 2011/3019, art. 3, Sch. 1

F80 Words in s. 23B(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(4); S.I. 2011/3019, art. 3, Sch. 1

F81 S. 23B(4)(5) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 4(5); S.I. 2011/3019, art. 3, Sch. 1

23C Collaboration agreements: consultation and supplemental E+W

F82 (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.

[F83 (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

F56 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)

F82 S. 23C(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 5(2); S.I. 2011/3019, art. 3, Sch. 1

F83 S. 23C(6) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 5(3); S.I. 2011/3019, art. 3, Sch. 1

23D Collaboration agreements: accountability E+W

(1) Where a chief officer makes a [F84 collaboration agreement], the [F85 policing 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 [F86 making 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 [F87 policing body] shall, in particular, [F88 make] arrangements for those functions to be discharged jointly with another [F87 policing body] responsible for maintaining a force whose chief officer is a party to the agreement.

(4) The functions conferred on a [F89 policing body ] under this section do not affect any other function of holding a chief officer to account.

Textual Amendments

F56 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)

F84 Words in s. 23D(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F85 Words in s. 23D(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F86 Words in s. 23D(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(3); S.I. 2011/3019, art. 3, Sch. 1

F87 Words in s. 23D(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F88 Word in s. 23D(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F89 Words in s. 23D(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 6(5); S.I. 2011/3019, art. 3, Sch. 1

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) [F90 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

F56 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 Words in s. 23E(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 7; S.I. 2011/3019, art. 3, Sch. 1

23F Collaboration agreements: guidance E+W

(1) The Secretary of State may give chief officers or [F91 policing bodies] guidance about collaboration agreements or related matters.

(2) In discharging their functions, chief officers and [F91 policing bodies] must have regard to the guidance.

Textual Amendments

F56 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)

F91 Words in s. 23F substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 8; S.I. 2011/3019, art. 3, Sch. 1

[F92 23FA Police functions that must be the subject of force collaboration provision E+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

F92 S. 23FA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 89(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

23G Collaboration agreements: directions E+W

(1) The Secretary of State may give chief officers or [F93 policing 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 [F93 policing bodies]

(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

F56 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)

F93 Words in s. 23G(1)(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 9; S.I. 2011/3019, art. 3, Sch. 1

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

F56 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)

[F94 23HA Decisions about efficiency or effectiveness E+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

F94 S. 23HA inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 10; S.I. 2011/3019, art. 3, Sch. 1

23I Collaboration agreements: definitions E+W

(1) This section has effect for the purposes of sections [F95 22A] 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) [F96 “Policing body” means—]

[F96 (aa) a local policing body,]

(a) the British Transport Police Authority, and

(b) the Civil Nuclear Police Authority.

[F97 (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, and

(b) references to the civilian employees of the police 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

F56 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)

F95 Word in s. 23I(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(2); S.I. 2011/3019, art. 3, Sch. 1

F96 Words in s. 23I(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(3); S.I. 2011/3019, art. 3, Sch. 1

F97 Ss. 23I(5)-(8) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 12 para. 11(4); S.I. 2011/3019, art. 3, Sch. 1

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 [F98 sections 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.

[F99 (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 [F100 local policing body] maintaining a police force for which assistance is provided under this section shall pay to the [F100 local policing body] maintaining the force from which that assistance is provided such contribution as may be agreed upon between [F101 those bodies] or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all [F102 local policing bodies] generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

[F103 (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 [F104 local policing body] , a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to [F105 sections 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.]

F106 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F98 Words in s. 24(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)

F99 S. 24(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)

F100 Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F101 Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F102 Words in s. 24(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(4)(c); S.I. 2011/3019, art. 3, Sch. 1

F103 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)

F104 Words in s. 24(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(5)(a); S.I. 2011/3019, art. 3, Sch. 1

F105 Words in s. 24(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 23(5)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 10)

F106 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)

C2 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 [F107 local policing body] of charges on such scales as may be determined by [F108 that body].

[F109 (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 [F110 British Transport Police Authority] of charges on such scales as may be determined by that Authority.]

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

Textual Amendments

F107 Words in s. 25(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 24(a); S.I. 2011/3019, art. 3, Sch. 1

F108 Words in s. 25(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 24(b); S.I. 2011/3019, art. 3, Sch. 1

F109 S. 25(1A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 23

F110 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)

C3 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 [F111 local 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 [F112 the body] or the chief officer of police for its area.

(2) The power conferred on a [F113 local policing body] by subsection (1) includes a power to make arrangements under which a member of the police force maintained by [F114 the 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 [F115 local 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 [F115 local policing body] may make charges for advice or assistance provided by it under this section.

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

(8) The provisions of this section are without prejudice to the M5 Police (Overseas Service) Act 1945 F117 . . . .

Textual Amendments

F111 Words in s. 26(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F112 Words in s. 26(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F113 Words in s. 26(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(3)(a); S.I. 2011/3019, art. 3, Sch. 1

F114 Words in s. 26(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(3)(b); S.I. 2011/3019, art. 3, Sch. 1

F115 Words in s. 26(5)(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 25(4); S.I. 2011/3019, art. 3, Sch. 1

F116 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.

F117 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

M5 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 [F118 provision included in a [F119 collaboration agreement] by virtue of section 23(4),] [F120 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

F118 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)

F119 Words in s. 27(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 26; S.I. 2011/3019, art. 3, Sch. 1

F120 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) [F121 Accordingly], 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, [F122 the chief officer of a police force] shall be treated as the employer of any police cadets undergoing training with the force.

F123 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Word in s. 28(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 27(a); S.I. 2011/3019, art. 3, Sch. 1

F122 Words in s. 28(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 27(b); S.I. 2011/3019, art. 3, Sch. 1

F123 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—

F124 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F125 . . . before a justice of the peace having jurisdiction within the police area.

Textual Amendments

F124 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.

F125 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)

C4 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)

C5 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)

C6 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.

[F126 (2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.]

F127 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F128 (3A) A member of the British Transport Police Force who is for the time being required by virtue of [F129 section 22A] to serve with a police force maintained by a [F130 local policing body] shall have all the powers and privileges of a member of that police force.]

[F131 (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 [F132 collaboration 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.]

F133 (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

F126 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)

F127 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)

F128 S. 30(3A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 24

F129 Words in s. 30(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F130 Words in s. 30(3A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F131 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)

F132 Words in s. 30(3B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 28(3); S.I. 2011/3019, art. 3, Sch. 1

F133 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)

C7 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)

[F134 31 Rewards for diligence E+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

F134 S. 31 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 29; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 11)

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 F135 . . . 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.

F136 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 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.

F136 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 F137 . . . 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,

F138 [(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

F137 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.

F138 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 M6 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

M6 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.