Part VI

The police

General functions

Appointment and removal of senior officers
35
1
The Board shall, subject to the approval of the Secretary of State, appoint the Chief Constable.
2
The Board shall, subject to the approval of the Secretary of State and after consultation with the Chief Constable, appoint the other senior officers.
3
The Board—
a
may, with the approval of the Secretary of State, call upon any senior officer to retire in the interests of efficiency or effectiveness; and
b
shall, if required by the Secretary of State, call upon the Chief Constable so to retire.
4
Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b), the Secretary of State shall—
a
give the officer concerned an opportunity to make, either personally or otherwise, representations to him; and
b
where any such representations are made—
i
appoint a person or persons to hold an inquiry and to report to him; and
ii
consider any report so made.
5
A copy of any report made under subsection (4) shall be made available to the officer concerned.
6
The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a police officer or a person employed in the civil service.
7
The costs incurred in respect of an inquiry under this section shall be defrayed by the Secretary of State.
8
A senior officer who is called upon to retire under this section shall retire—
a
in the case of the Chief Constable, on such date as the Secretary of State may specify; and
b
in the case of any other senior officer, on such date as the Board may specify,
or (in either case) on such earlier date as may be agreed between the officer and the Board.
9
This section has effect subject to any regulations made under section 25 of the 1998 Act.