Police Reform Act 2002 (c. 30)

Part 6 U.K.Miscellaneous

Appointment and attestation of police officers etc.U.K.

82 Nationality requirements applicable to police officers etc.U.K.

(1)Irrespective of his place of birth, a person of any nationality may be—

(a)a member of a police force maintained for any police area in England and Wales or Scotland;

(b)a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;

(c)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a member of the British Transport Police Force;

[F2(e)a member of the Civil Nuclear Constabulary; [F3or]]

(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a special constable;

and, accordingly, irrespective of his place of birth such a person may be attested or appointed, and hold office, as a constable.

(2)Subsection (1) is subject to any provision falling within subsection which relates to qualification for appointment as a constable or as a special constable or for membership of, or for particular ranks, offices or positions with—

(a)any force or constabulary; [F5or]

(b)the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; F6. . .

(c)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Provision falls within this subsection if it is—

(a)provision made by regulations made under section 50 or 51 of the 1996 Act (regulations for police constables and for special constables);

(b)provision made by regulations made under section 26 of the Police (Scotland) Act 1967 (c. 77) (regulations about the government and administration of police forces);

(c)provision made under section 25 or 26 of the Police (Northern Ireland) Act 1998 (c. 32) (regulations for police constables and for the constables in the Police Service of Northern Ireland Reserve); [F7and]

(d)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, [F9or the Civil Nuclear Constabulary], or to particular ranks or positions with that Force or Constabulary.

(4)Without prejudice to the generality of any power conferred apart from this section, the provision falling within subsection (3) that may be made by any such regulations, terms and conditions or arrangements as are mentioned in that subsection may include provision imposing any of the following requirements—

(a)requirements with respect to the competence in written and spoken English of candidates for appointment;

(b)requirements with respect to the immigration status of such candidates;

(c)requirements with respect to nationality in the case of particular ranks, offices or positions;

and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force [F10or Service] , is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).

(5)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 82(1)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 185(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

F2S. 82(1)(e) substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 11(a); S.I. 2005/877, art. 2(1), Sch. 1

F3Word in s. 82(1)(e) inserted (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 178, Sch. 13 para. 12(2)(a); S.I. 2006/1085, art. 2(c)

F4S. 82(1)(f) repealed (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 174, 178, Sch. 13 para. 12(2)(b), Sch. 17 Pt. 2; S.I. 2006/1085, art. 2(c)(d)

F5Word in s. 82(2)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 185(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F6S. 82(2)(c) and preceding word repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 185(3)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

F7Word in s. 82(3)(c) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 185(4)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F8S. 82(3)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 185(4)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

F9Words in s. 82(3)(e) substituted (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 178, Sch. 13 para. 12(3); S.I. 2006/1085, art. 2(c)

F10Words in s. 82(4) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 185(5); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F11S. 82(5) repealed (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 174, 178, Sch. 13 para. 12(4), Sch. 17 Pt. 2; S.I. 2006/1085, art. 2(c)(d)

Modifications etc. (not altering text)

C1S. 82 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(jjj)

Commencement Information

I1S. 82 wholly in force; s. 82 not in force at Royal Assent, see s. 108(2); s. 82(4) in force at 1.10.2002 by S.I. 2002/2306, art. 2(f)(i); s. 82 in force to the extent not already in force at 3.2.2003 by S.I. 2002/2750, art. 5

83 Attestation of constablesE+W

For Schedule 4 to the 1996 Act there shall be substituted—

“SCHEDULE 4E+W Form of Declaration

’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’”

84 Delegation of functions in relation to senior appointmentsU.K.

In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), after subsection (3) there shall be inserted—

“(3A)The Secretary of State may delegate to the chief inspector of constabulary any or all of the following functions—

(a)his functions by virtue of sections 9F(2), 9FA(2) and 9G(2) with respect to the approval required for the appointment of an Assistant Commissioner of Police of the Metropolis, of a Deputy Assistant Commissioner of Police of the Metropolis or of a Commander in the metropolitan police force;

(b)his functions by virtue of sections 11(1), 11A(2) and 12(2) with respect to the approval required for the appointment of the chief constable of a police force, of the deputy chief constable of a police force or of an assistant chief constable of a police force;

(c)his functions by virtue of section 12A(4) with respect to the consent required for a deputy chief constable to exercise or perform any powers or duties of a chief constable for a continuous period exceeding three months.”