(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;
[F1(ba)the conduct [F2, efficiency and effectiveness] of special constables and the maintenance of discipline;]
(c)the suspension of special constables from their office as constable; [F3and]
(d)the allowances payable to special constables; and
F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to special constables.]
[F6(2ZB)If the College of Policing submits to the Secretary of State draft regulations with respect to—
(a)the ranks to be held by special constables,
(b)the qualifications for appointment and promotion of special constables,
(c)periods of service on probation, or
(d)maintenance of personal records of special constables,
the Secretary of State shall make regulations in terms of the draft.
(2ZC)The duty in subsection (2ZB) does not apply if the Secretary of State considers that—
(a)making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or
(b)it would be unlawful to make regulations in those terms, or
(c)it would for some other reason be wrong to make regulations in those terms.
(2ZD)The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.]
[F7(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—
(a)establish, or
(b)make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.]
F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(3A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, [F10local policing bodies], chief officers of police or other persons, or
(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.]
(4)Subsections (7) and (8) of section 50 shall apply to regulations under this section.
Textual Amendments
F1S. 51(2)(ba) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 35, 108(2)-(5); S.I. 2002/2306, art. 2(c)(ii)
F2Words in s. 51(2)(ba) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(2); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
F3Word in s. 51(2)(c) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(2)(a) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)
F4S. 51(2)(e) repealed (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(2)(b) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)
F5S. 51(2ZA) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(3) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)
F6S. 51(2ZB)-(2ZD) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 123(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 10
F7S. 51(2A) inserted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 4(3); S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
F8S. 51(3) repealed (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 24(4) (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(j)
F9S. 51(3A) inserted (25.6.1997) by 1997 c. 50, s. 128(1); S.I. 1997/1377, art. 2(2)(h)
F10Words in s. 51(3A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 33; S.I. 2011/3019, art. 3, Sch. 1