Part II Central Supervision, Direction and Facilities
Functions of Secretary of State
36 General duty of Secretary of State.
1
The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.
2
The provisions of this Act mentioned in subsection (1) are—
a
Part I;
b
this Part;
c
Part III F171...;
d
in Chapter II of Part IV, F29sections 84 and 85 and Schedule 6; and
e
in Part V, section 95.
F2636A National Policing Plan
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F11937 Setting of objectives for police authorities.
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37AF125The strategic policing requirement
1
The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—
a
national threats at the time the document is issued, and
b
appropriate national policing capabilities to counter those national threats.
2
A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.
3
Before issuing the strategic policing requirement, the Secretary of State—
a
must obtain the advice of—
i
such persons as appear to the Secretary of State to represent the views of chief officers of police, and
ii
such persons as appear to the Secretary of State to represent the views of local policing bodies, and
b
must consult such other persons as the Secretary of State thinks fit.
4
The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).
5
References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—
a
to exercise one or more functions to counter that threat,
b
to exercise one or more functions in one or more particular ways to counter that threat, or
c
to exercise one or more functions in accordance with common operational standards to counter that threat.
6
In this section—
“England and Wales police force” means—
- a
a police force maintained under section 2,
- b
the metropolitan police force, and
- c
the City of London police force;
- a
“national threat” means a threat (whether actual or prospective) which is—
- a
a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or
- b
a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.
- a
F13838 Setting of performance targets.
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F4639 Codes of practice.
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39AF12 Codes of practice for chief officers
F281
The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge of their functions by chief officers of police if the College considers that—
a
it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,
b
it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations, or
c
it is for any other reason in the national interest to do so.
2
F186The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of a code of practice issued under this section.
F1263
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F704
The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this section.
5
The Secretary of State shall lay any code of practice issued by F176the College of Policing under this section, and any revision of any such code, before Parliament.
6
The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
a
would be against the interests of national security;
b
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
c
could jeopardise the safety of any person.
7
In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.
C640F60 Power to give directions in relation to police force
1
Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the F181local policing body responsible for maintaining the force to take specified measures for the purpose of remedying the failure.
2
Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the F181local policing body responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.
3
The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
4
The Secretary of State shall not give a direction under this section in relation to any police force unless—
a
the F181local policing body responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
that F181local policing body and chief officer have each been given an opportunity of making representations about those grounds;
c
that F181local policing body and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
5
Subsection (4) does not apply if the Secretary of State is satisfied that—
a
the F181local policing body responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;
b
the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and
c
they have each had a reasonable opportunity to take such measures.
6
The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—
a
the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
b
an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
7
A F181local policing body that is given a direction under this section shall comply with it.
C640APower to give directions in relation to F174local policing body
1
2
Where the Secretary of State is satisfied that a F174local policing body will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the F174local policing body to take specified measures in order to prevent such a failure occurring.
3
The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which F115the local policing body submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
4
The Secretary of State shall not give a direction under this section in relation to a F174local policing body unless—
a
the F174local policing body has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;
b
the F174local policing body has been given an opportunity of making representations about those grounds;
c
the F174local policing body has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
5
Subsection (4) does not apply if the Secretary of State is satisfied that—
a
the F174local policing body has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;
b
the information F115the local policing body had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and
c
F115the local policing body has had a reasonable opportunity to take such measures.
6
The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—
a
the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
b
an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
7
A F174local policing body that is given a direction under this section shall comply with it.
8
Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.
C640BProcedure for directions under section 40 or 40A
1
The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—
a
a proposal is made for the giving of a direction under section 40;
b
a proposal is made for the giving of a direction under section 40A.
2
Before making any regulations under this section, the Secretary of State shall consult with—
F56a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
F85the National Police Chiefs' Council; and
c
such other persons as he thinks fit.
3
Regulations under this section may make different provision for different cases and circumstances.
4
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
5
On giving a direction under section 40 or section 40A to a F30local policing body, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.
6
Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—
a
a copy of the direction; and
b
a report about it.
7
A report under F37subsection (6)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one direction.
40CF132Power to give directions to College of Policing
1
The Secretary of State may give a direction to the College of Policing requiring it to exercise any particular function that is conferred on the College by this Act or any other enactment.
2
The College of Policing shall carry out such other duties for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct.
C11C1441 Directions as to minimum budget.
1
The power of the Secretary of State to give directions under section 40 F108or 40A to a F47a police and crime commissioner shall include power to direct F142the commissioner that the amount of F100the commissioner'sF154council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year shall not be less than an amount specified in the direction.
F1351A
But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.
2
3
A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.
4
F16441A Power to give directions as to action plans
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F10541B Procedure for directions under section 41A
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42F122Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner
F187F1831
The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.
1A
The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.
2
F64Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—
a
give the officer concerned a notice in writing—
i
informing him of the Secretary of State’s intention to require the exercise of that power; and
ii
explaining the Secretary of State’s grounds for requiring the exercise of that power; and
b
give that officer an opportunity to make representations to the Secretary of State.
2A
Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the F114notice to the Mayor's Office for Policing and Crime.
2B
The Secretary of State shall consider any representations made to him under subsection (2).
3
F118Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.
F1573A
At an inquiry held under subsection (3)—
a
the Commissioner F65or Deputy Commissioner shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;
b
the F40Mayor's Office for Policing and Crime shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.
3B
The entitlement of the Commissioner F36or Deputy Commissioner to make representations shall include the entitlement to make them in person.
4
F994A
If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—
a
the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and
b
section 48(5) of the 2011 Act does not apply.
4B
In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.
F1754C
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F1435
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42AF13 Procedure in relation to F131 exercise of powers under section 42
1
The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section F74... 42.
2
Before making any regulations under this section, the Secretary of State shall consult with—
F148a
the Mayor's Office for Policing and Crime;
b
F180the National Police Chiefs' Council; and
c
such other persons as he thinks fit.
3
Regulations under this section may make different provision for different cases and circumstances.
4
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F14443 Reports from police authorities.
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44F124Provision of information by chief officers of police
1
The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—
a
the policing of the police area for which that police force is maintained, or
b
the discharge of the national or international functions of that police force.
2
A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—
a
the policing of that police area, or
b
the discharge of the national or international functions of the police force for that area.
3
A requirement under subsection (1) may specify the form in which information is to be provided.
4
The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).
5
The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.
F12445 Criminal statistics.
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46 Police grant.
1
Subject to the following provisions of this section, the Secretary of State shall F107for each financial year—
a
make grants to police and crime commissioners for the purposes of their functions,
b
make grants to the Common Council for the purposes of its functions as police authority, and
c
make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;
F59and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.
2
For each financial year the Secretary of State shall with the approval of the Treasury determine—
a
the aggregate amount of grants to be made under this section, and
b
the amount of the grant to be made to each F127grant recipient;
and any determination may be varied by further determinations under this subsection.
3
The Secretary of State shall prepare a report setting out any determination under subsection (2), and stating the considerations which he took into account in making the determination.
4
In determining the allocation among F58grant recipients of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.
5
The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for F89different grant recipients or different classes of grant recipient.
6
A copy of every report prepared under subsection (3) shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.
7
A grant to a F86grant recipient under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.
F27A
8
Where in consequence of a further determination under subsection (2) the amount of F32a grant recipient's grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by F22the grant recipient to the Secretary of State on such day as he may specify; but no sum shall be payable by F73a grant recipient under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.
F39
Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the F110Mayor's Office for Policing and Crime to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.
47 Grants for capital expenditure.
1
2
Grants under this section may be made either unconditionally or subject to conditions.
3
The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.
F44
Any grant F111under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.
5
48 Grants for expenditure on safeguarding national security.
1
The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes F44by local policing bodies in connection with safeguarding national security.
2
Grants under this section may be made either unconditionally or subject to conditions.
3
The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.
F54
Any grant F51under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.
5
F18449 Local inquiries.
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I150 Regulations for police forces.
1
Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.
2
Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—
a
F153the ranks to be held by members of police forces;
b
the qualifications for appointment and promotion of members of police forces;
c
periods of service on probation;
d
voluntary retirement of members of police forces;
e
the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;
f
the suspension of members of a police force from membership of that force and from their office as constable;
g
the maintenance of personal records of members of police forces;
h
the duties which are or are not to be performed by members of police forces;
i
the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;
j
the hours of duty, leave, pay and allowances of members of police forces; and
k
the issue, use and return of police clothing, personal equipment and accoutrements.
F1692ZA
Regulations under this section may not make any provision which may be made under F167section 50A (regulations as to police ranks) or under section 1 of the Public Service Pensions Act 2013 in relation to members of police forces.
F1392ZB
If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in F147subsection (2)(a), (b), (c) or (g)F147subsection (2)(b), (c) or (g), the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—
a
doing so would impair the efficiency or effectiveness of the police, or
b
it would be unlawful to do so, or
c
it would for some other reason be wrong to do so.
2ZC
F1782A
Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—
a
powers of suspension, or
b
powers of removal,
(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).
2B
In subsection (2A)—
“power of removal” means—
- a
the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;
- b
the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;
- a
“power of suspension” means—
- a
the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;
- b
the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;
- a
and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.
F243
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.
F273A
Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (3) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—
a
an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the F42Director General of the Independent Office for Police Conduct,
b
at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of a police force, and
c
condition A, B or C is satisfied in relation to the person.
3B
Condition A is that the person ceases to be a member of a police force after the allegation first comes to the attention of a person mentioned in subsection (3A)(a).
3C
Condition B is that the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a) but the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) does not exceed the period specified in regulations under this section.
3D
Condition C is that—
a
the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a),
b
the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) exceeds the period specified for the purposes of condition B, and
c
the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of a police force.
3E
Regulations made by virtue of subsection (3A) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the F116Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—
a
the seriousness of the alleged misconduct, inefficiency or ineffectiveness,
b
the impact of the allegation on public confidence in the police, and
c
the public interest.
3F
Regulations made by virtue of subsection (3A) may make provision about matters to be taken into account by the F31Director General of the Independent Office for Police Conduct for the purposes of subsection (3E)(a) to (c).
3G
Regulations made by virtue of subsection (3A) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.
The period specified must begin with the date when the person ceased to be a member of a police force.
4
In relation to any matter as to which provision may be made by regulations under this section, the regulations mayF57... —
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F170local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
5
Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
6
Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.
F716A
Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—
a
steps to be taken in connection with the appointment of senior officers;
b
payments to senior officers who cease to hold office before the end of a fixed term appointment.
6B
In subsection (6A) “senior officer” means—
a
a member of a police force holding a rank above that of chief superintendent;
b
the Commissioner of Police for the City of London.
7
Regulations under this section may make different provision for different cases and circumstances.
8
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
50AF155Regulations for police forces: ranks
1
The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.
2
The ranks must include the rank of constable.
3
The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).
4
The power conferred by subsection (3) includes power to—
a
repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);
b
make other amendments of legislation that are consequential on regulations under subsection (1).
5
In subsection (4), “legislation” means any provision of—
a
an Act (including this Act),
b
subordinate legislation within the meaning of the Interpretation Act 1978,
c
an Act of the Scottish Parliament or an instrument made under such an Act,
d
a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or
e
Northern Ireland legislation or an instrument made under Northern Ireland legislation.
6
Regulations under this section may include transitional, transitory or saving provision.
7
Regulations under this section may make different provision for different cases or circumstances.
50BF155Regulations under section 50A: procedure
1
A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
2
If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—
a
lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and
b
if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.
3
The duty under subsection (2) does not apply if the Secretary of State considers—
a
that it would be unlawful to make regulations in terms of the draft,
b
that it would impair the efficiency of the police to do so, or
c
that it would for some other reason be wrong to do so.
4
The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—
a
the draft is laid in accordance with the duty under subsection (2), or
b
the College of Policing has approved the text of the regulations.
51 Regulations for special constables.
1
The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.
2
Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—
a
the qualifications for appointment of special constables;
b
the retirement of special constables;
F14ba
the conduct F146, efficiency and effectiveness of special constables and the maintenance of discipline;
c
the suspension of special constables from their office as constable; F165and
F79ca
the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;
d
the allowances payable to special constables; and
F158e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F932ZA
Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to special constables.
F1202ZB
If the College of Policing submits to the Secretary of State draft regulations with respect to—
a
the ranks to be held by special constables,
b
the qualifications for appointment and promotion of special constables,
c
periods of service on probation, or
d
maintenance of personal records of special constables,
the Secretary of State shall make regulations in terms of the draft.
2ZC
The duty in subsection (2ZB) does not apply if the Secretary of State considers that—
a
making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or
b
it would be unlawful to make regulations in those terms, or
c
it would for some other reason be wrong to make regulations in those terms.
2ZD
The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.
F1042A
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.
F332B
Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (2A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—
a
an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the F90Director General of the Independent Office for Police Conduct,
b
at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a special constable, and
c
condition A, B or C is satisfied in relation to the person.
2C
Condition A is that the person ceases to be a special constable after the allegation first comes to the attention of a person mentioned in subsection (2B)(a).
2D
Condition B is that the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a) but the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) does not exceed the period specified in regulations under this section.
2E
Condition C is that—
a
the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a),
b
the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) exceeds the period specified for the purposes of condition B, and
c
the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a special constable.
2F
Regulations made by virtue of subsection (2B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the F50Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—
a
the seriousness of the alleged misconduct, inefficiency or ineffectiveness,
b
the impact of the allegation on public confidence in the police, and
c
the public interest.
2G
Regulations made by virtue of subsection (2B) may make provision about matters to be taken into account by the F43Director General of the Independent Office for Police Conduct for the purposes of subsection (2F)(a) to (c).
2H
Regulations made by virtue of subsection (2B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.
The period specified must begin with the date when the person ceased to be a special constable.
F953
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F159local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
4
Subsections (7) and (8) of section 50 shall apply to regulations under this section.
52 Regulations for police cadets.
1
The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.
F201ZA
Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to police cadets.
F71A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F21local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
2
Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.
F913
Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.
52AF161Regulations about hours, leave or pay: consultation etc
1
This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—
a
hours of duty,
b
leave,
c
pay and allowances, or
d
the issue, use and return of police clothing, personal equipment and accoutrements.
2
In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—
a
refer the matter to the Police Remuneration Review Body under section 64B(1), and
b
consider that body's report on the matter.
3
In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—
a
consider advice on the matter from the Senior Salaries Review Body, or
b
where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.
4
This subsection applies where—
a
the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and
b
the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.
5
The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—
a
there is not enough time to do so because the need to make the regulations is so urgent, or
b
it is unnecessary to do so by reason of the nature of the proposed regulations.
6
In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—
a
the persons and bodies who between them maintain police forces;
b
chief officers of police;
c
members of police forces;
d
police cadets appointed under section 28.
7
The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).
8
A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C953 Regulations as to standard F41and provision of equipment.
F81
The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.
F151A
The Secretary of State may by regulations make any or all of the following provisions—
a
provision requiring F172one or more police forces, when using equipment for the purposes specified in the regulations to use only—
i
the equipment which is specified in the regulations;
ii
equipment which is of a description so specified; or
iii
equipment which is of a type approved by the Secretary of State in accordance with the regulations;
b
provision requiring F109one or more police forces to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;
c
provision prohibiting F25one or more police forces from using equipment of a type approved as mentioned in paragraph (a)(iii) except—
i
where the conditions subject to which the approval was given are satisfied; and
ii
in accordance with the other terms of that approval;
d
provision requiring equipment used by F49one or more police forces to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
e
provision prohibiting F162one or more police forces from using equipment specified in the regulations, or any equipment of a description so specified.
F811AA
The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.
1AB
The regulations may, in particular—
a
make provision about the nature or terms of such arrangements, or
b
prescribe arrangements which may be, or must be, used.
1B
2
Before making any regulations under this section, the Secretary of State shall consult with—
F54a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
F17the National Police Chiefs' Council; and
c
such other persons as he thinks fit.
2A
Regulations under this section may make different provision for different cases and circumstances.
2B
A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2C
In this section “equipment” includes—
F39za
software;
a
vehicles; and
b
headgear and protective and other clothing.
53AF16 Regulation of procedures and practices
1
The Secretary of State may by regulations make provision requiring F177one or more police forces—
a
to adopt particular procedures or practices; or
b
to adopt procedures or practices of a particular description.
F1681A
If the College of Policing, having consulted the National Crime Agency, submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—
a
doing so would impair the efficiency or effectiveness of the police, or
b
it would be unlawful to do so, or
c
it would for some other reason be wrong to do so.
1B
The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.
F1062
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1063
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1506
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1507
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Regulations under this section may make different provision for different cases and circumstances.
9
A statutory instrument containing F145regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F9210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179Civilian staff
C1053EGuidance about civilian staff employed by local policing bodies and chief officers
C151
In this section “relevant civilian staff” means individuals, other than constables, who—
a
are employed by a local policing body or a chief officer of police, or
b
provide services to a local policing body or a chief officer of police, in pursuance of contractual arrangements but without being employed by the body or officer, and can be expected to have frequent contact with members of the public in the course of doing so.
2
The College of Policing may issue guidance to local policing bodies and chief officers of police with regard to—
a
the experience or qualifications to be expected of relevant civilian staff;
b
the training to be undertaken by such staff.
3
The College may from time to time revise the whole or any part of any guidance issued under this section.
4
The College shall publish any guidance issued under this section and any revision of it.
5
In discharging any function to which guidance under this section relates, a local policing body or chief officer of police shall have regard to the guidance.
53FF103Guidance about designated police volunteers
1
The College of Policing may issue guidance to chief officers of police about—
a
the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;
b
the training to be undertaken by a person before being so designated or after being so designated.
2
The College may from time to time revise the whole or any part of any guidance issued under this section.
3
The College must publish any guidance issued under this section and any revision of it.
4
Each chief officer of police must have regard to guidance issued under this section.
Inspectors of constabulary
C1C8C2C1254 Appointment and functions of inspectors of constabulary.
1
Her Majesty may appoint such number of inspectors (to be known as “Her Majesty’s Inspectors of Constabulary”) as the Secretary of State may with the consent of the Treasury determine, and of the persons so appointed one may be appointed as chief inspector of constabulary.
2
F1602A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1132B
The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
F532BA
The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
2BB
Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.
F882C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C7C5C4F982D
It shall be the duty of the chief inspector of constabulary—
a
b
to ensure that inspectors of constabulary provide F76the Director General with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by F76the Director General of F151his or her functions.
3
The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency and effectiveness as the Secretary of State may from time to time direct.
F1403A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1344A
A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.
5
The inspectors of constabulary shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
F1566
Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.
F1367
For the purposes of this section, a police force includes—
a
staff appointed by the chief officer of police of the police force;
F67aa
persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;
b
staff appointed by a local policing body if, or to the extent that, they are employed to assist the police force;
c
persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of police of the police force or its local policing body), to assist the police force in relation to the discharge of its chief officer's functions;
d
any other persons if, or to the extent that, they are engaged by virtue of any enactment in carrying out the activities of the police force.
C3C8C2C1255 Publication of reports.
F871
The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.
F772
But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—
a
would be against the interests of national security, or
b
might jeopardise the safety of any person.
F772A
The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).
F183
The inspectors of constabulary must send a copy of the published report to—
a
the Secretary of State,
b
the local policing body maintaining the police force to which the report relates,
c
the chief officer of police of that police force, and
d
any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.
4
5
The F23local policing body shall prepare comments on the published report and shall arrange for—
a
its comments,
b
any comments submitted by the chief officer of police in accordance with subsection (4), and
c
any response which the F62body has to the comments submitted by the chief officer of police,
to be published in such manner as appears to the F62body to be appropriate.
F1855A
The comments of the local policing body, together with any comments submitted by the chief officer of police and any response to those comments by the local policing body, must be published before the end of the period of 56 days beginning with the day on which the report is published.
5B
If the published report includes a recommendation, the comments of the local policing body must include an explanation of—
a
the action the local policing body has taken or proposes to take in response to the recommendation, or
b
why the local policing body has not taken, or does not propose to take, any action in response.
6
The F121local policing bodyF10 ... shall send a copy of any document published under subsection (5) F45to—
a
the inspectors of constabulary, and
b
the Secretary of State.
F827
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F848
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8C13C256 Assistant inspectors and staff officers.
1
The F75chief inspector of constabulary may appoint assistant inspectors of constabulary.
2
Members of a police force may be appointed by the F75chief inspector of constabulary to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.
3
Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
Central services
57 Common services.
1
The Secretary of State may provide and maintain, or may contribute to the provision or maintenance of, such organisations, facilities and services as he considers necessary or expedient for promoting the efficiency or effectiveness of the police.
F1281A
The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.
1B
Financial assistance under subsection (1)—
a
may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and
b
may be given subject to terms and conditions determined by the Secretary of State;
but any financial assistance under that subsection other than a grant requires the consent of the Treasury.
1C
Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.
1D
Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.
2
Charges may be made for the use of facilities and services provided by the Secretary of State (or by organisations provided or maintained by him) under subsection (1).
3
The Secretary of State may by regulations make provision for requiring F152one or more police forces to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1)) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.
F113A
Regulations under this section relating to all police forces may also require the F133National Crime Agency to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the F141Agency for the Agency to do so.
4
Before making regulations under this section, the Secretary of State shall consult—
F173a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
aa
the Mayor's Office for Policing and Crime,
ab
the Common Council,
b
F117the National Police Chiefs' Council; and
F835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58 Research.
The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency or effectiveness of the police.
S. 53E and cross-heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 125, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10