Police Act 1964

Part I — Organisation of Police Forces

County, county borough and combined forces

Police areas

1

• (1) England and Wales shall be divided into police areas.

• (2) The police areas referred to in subsection (1) of this section shall be—

• (a) those listed in Schedule 1A t o this Act (subject to any amendment made to that Schedule by an order under section 21 or 21A of this Act, section 58 of the Local Government Act 1972, or section 17 of the Local Government Act 1992), together with

• (b) the City of London police area and the metropolitan police district.

• (3) References in Schedule 1A to any local government area are to that area as it is for the time being, but excluding any part of it within the metropolitan police district.

Police authorities for counties and county boroughs

2

A police force shall be maintained for every police area for the time being listed in Schedule 1A to this Act.

Police authorities for combined areas

3

• (1) There shall be a police authority for every police area for the time being listed in Schedule 1A to this Act.

• (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”.

General functions of police authorities

4

• (1) It shall be the duty of every police authority established under section 3 of this Act to secure the maintenance of an efficient and effective police force for its area.

• (2) In discharging its functions, every police authority established under section 3 of this Act shall have regard to—

• (a) any objectives determined by the Secretary of State under section 28A of this Act,

• (b) any objectives determined by the authority under section 4A,

• (c) any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise, and

• (d) any local policing plan issued by the authority under section 4B.

• (3) In discharging any function to which a code of practice issued under section 28C of this Act relates, a police authority established under section 3 of this Act shall have regard to the code.

• (4) A police authority shall comply with any direction given to it by the Secretary of State under section 28B or 28D of this Act.

Chief constables

5

• (1) A police force maintained under section 2 of this Act shall be under the direction and control of the chief constable appointed under section 5A.

• (2) In discharging his functions, every chief constable shall have regard to the local policing plan issued by the police authority for his area under section 4B of this Act.

Deputy and assistant chief constables

6

• (1) The ranks that may be held in a police force maintained under section 2 of this Act shall include that of assistant chief constable (but not that of deputy 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 Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

• (3) Subsections (2), (3) and (4) of section 5A of this Act shall apply to an assistant chief constable as they apply to a chief constable.

• (4) A chief constable shall after consulting his police authority designate a person holding the rank of assistant chief constable to exercise all the powers and duties of the chief constable—

• (a) during any absence, incapacity or suspension from duty of the chief constable, or

• (b) during any vacancy in the office of chief constable.

• (5) No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

• (6) The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable.

Other members of police forces

7

• (1) The ranks which may be held in a police force maintained under section 2 of this Act shall be such as may be prescribed by regulations under Part II of this Act and the ranks so prescribed shall include, in addition to chief constable . . .and assistant chief constable, the ranks of superintendent, chief inspector, inspector, sergeant and constable.

• (2) Appointments and promotions to any rank below that of assistant chief constable in any such police force shall be made, in accordance with regulations under Part II of this Act, by the chief constable.

Financial provisions

8

• (1) Each police authority established under section 3 of this Act shall keep a fund to be known as the police fund.

• (2) Subject to any regulations under the Police Pensions Act 1976, all receipts of the police authority shall be paid into the police fund and all expenditure of the authority shall be paid out of that fund.

• (3) Accounts shall be kept by each police authority of payments made into or out of the police fund.

Acquisition of land

9

Civilian employees

10

• (1) A police authority established under section 3 of this Act may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.

• (2) A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to subsection (3) of this section, any person employed by the authority under this section is under the direction and control of the chief constable of the police force maintained by the authority.

• (3) Subsection (2) of this section shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

• (4) The powers of direction and control referred to in subsection (2) of this section include the powers of engagement and dismissal.

Questions on police matters by members of county and county borough councils

11

• (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 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 1B to this Act.

General provisions

Reports by chief constables to police authorities

12

• (1) Every chief constable 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.

• (1A) A chief constable shall arrange for a report submitted by him under subsection (1) of this section to be published in such manner as he thinks fit.

• (2) The chief constable 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.

• (2A) A report submitted under subsection (2) of this section shall be in such form as the police authority may specify.

• (3) If it appears to the chief constable that a report in compliance with any such requirement of the police authority 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 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.

• (3A) The police authority may arrange, or require the chief constable to arrange, for a report under subsection (2) of this section to be published in such manner as the authority thinks fit.

• (4) This section applies to the City of London police force as if for references to the chief constable there were substituted references to the Commissioner.

Collaboration agreements

13

• (1) If it appears to the chief officers of police of two or more police forces that any police functions can more efficiently or effectively be discharged by members of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose.

• (2) If it appears to any two or more police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained by those authorities, they may make an agreement for that purpose.

• (3) Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the Secretary of State.

• (4) An agreement under s ubsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement.

• (5) If it appears to the Secretary of State that an agreement should be made under subsection (1), subsection (2) or subsection (4) of this section, he may, after considering any representations made by the parties concerned, direct those parties to enter into such an agreement under those provisions as may be specified in the direction.

• (6) The reference in subsection (1) of this section to members of a police force includes a reference to special constables for the area for which that force is maintained.

• (7) The provisions of this section shall not prejudice the power of a police authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of the authority’s functions.

Aid of one police force by another

14

• (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) above 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 section 5(1) of this Act, be under the direction and control of the chief officer of police of that other force.

• (4) The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State.

Provision of special services

15

• (1) The chief officer of police of any 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 police authority of charges on such scales as may be determined by that authority.

• (2) In the application of this section to the metropolitan police, for the reference in subsection (1) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

Special constables

16

• (1) The chief officer of police of the police force maintained for any police area may, in accordance with regulations under Part II of this Act, appoint special constables for that area.

• (2) Subject to such regulations as aforesaid, all special constables for a police area (including persons appointed as such before the commencement of this Act) shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

Police cadets

17

• (1) The chief officer of police of any police force may, in accordance with regulations under Part II of this Act and . . ., appoint persons as police cadets to undergo training with a view to becoming members of that police force.

• (2) Subject to such regulations as aforesaid, all police cadets (including persons appointed as such before the commencement of this Act) shall be under the control of, and subject to dismissal by, the chief officer of police.

• (3) Without prejudice to subsection (2) above, the police authority by whom a police force is maintained shall, 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, be treated as the employer of any police cadets undergoing training with that force.

• (4) In the application of this section to the metropolitan police, for the reference in subsection (3) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

Attestation of constables

18

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 2 to this Act—

• (a) in the case of the metropolitan police district, before the Commissioner or an Assistant Commissioner of Police of the Metropolis;

• (b) in any other case, before a justice of the peace having jurisdiction within the police area.

Jurisdiction of constables

19

• (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..

• (2) A special constable shall have all the powers and privileges of a constable in the police area for which he is appointed and, where the boundary of that area includes the coast, in the adjacent United Kingdom waters.

• (3) Without prejudice to subsection (2) above, a special constable appointed for any police area shall have all the powers and privileges of a constable—

• (a) in the case of a police area other than the City of London police area, in any other police area which is contiguous to his own police area;

• (b) in the case of the City of London police area, in the metropolitan police district and in any area which is contiguous to that district.

• (4) A special constable who is for the time being required by virtue of section 13 or section 14 of this Act to serve with another police force shall have all the powers and privileges of a constable in any area in which special constables appointed for the area for which that force is maintained have those powers and privileges under this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) 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 those waters whether or not the enactment applies to those waters apart from this provision.

• (6) This section is without prejudice to section 18 of the Police (Scotland) Act 1967 (execution of warrants in border counties of England and Scotland) and to any other enactment conferring powers on constables for particular purposes.

Rewards for diligence

20

A police authority may, on the recommendation of the chief officer of police, grant out of the police fund to members of the police force maintained by that authority rewards for exceptional diligence or other specially meritorious conduct.

Amalgamations

Amalgamation schemes

21

• (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 subsection (1) of 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 subsection (1) of 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 (other than the metropolitan police district) 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.

• (5) Subsection (4) shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.

Amendment and revocation of schemes

22

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

Alteration of local government areas

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Adaptation of local Acts

24

Miscellaneous and supplemental

Cambridge and Peterborough

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scilly Isles

26

• (1) For the purposes of the application of this Part of this Act 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 . . .

. . .

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

Interpretation of Part I

27

In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• . . .

• . . .

• . . .

• . . .

• . . .

• “magistrate” has the same meaning as in the Justices of the Peace Act 1949;

• . . .

Part II — Central Supervision, Direction and Facilities

Functions of Secretary of State

General duty of Secretary of State

28

The Secretary of State shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

Removal of chief constables

29

• (1) The Secretary of State may require a police authority to exercise their power under Part I of this Act to call upon the chief constable to retire in the interests of efficiency or effectiveness.

• (2) Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to an assistant chief constable, the Secretary of State shall give the chief constable . . . or assistant chief constable an opportunity to make representations to him and shall consider any representations so made.

• (3) Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the exercise of the power mentioned in subsection (1) of this section 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.

• (4) The costs incurred by a chief constable . . . or assistant chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

Reports from chief constables

30

• (1) The Secretary of State may require any chief constable to submit to him a report on such matters as may be specified in the requirement, being matters connected with the policing of his area.

• (1A) A requirement under subsection (1) of this section may specify the form in which a report is to be given.

• (1B) The Secretary of State may arrange, or require the chief constable to arrange, for a report under this section to be published in such manner as the Secretary of State thinks fit.

• (2) Every chief constable shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by subsection (1) of section 12 of this Act to be submitted to the police authority.

• (3) This section shall apply to the City of London police force as if for references to a chief constable there were substituted references to the Commissioner.

Police grant

31

• (1) Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to—

• (a) police authorities for areas other than the metropolitan police district, and

• (b) the Receiver for the Metropolitan Police District;

and in those provisions references to police authorities shall be taken as including references to the Receiver.

• (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 authority;

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) of this section, and stating the considerations which he took into account in making the determination.

• (4) In determining the allocation among police authorities 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) of this section, and the formulae and other rules referred to in subsection (4), may be different for different authorities or different classes of authority.

• (6) A copy of every report prepared under subsection (3) of this section 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 police authority 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.

• (8) Where in consequence of a further determination under subsection (2) of this section the amount of an authority’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 the authority to the Secretary of State on such day as he may specify; but no sum shall be payable by an authority under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

Local inquiries

32

• (1) The Secretary of State may cause a local inquiry to be held by a person appointed by him into any matter connected with the policing of any area.

• (2) Any inquiry under this section shall be held in public or in private as the Secretary of State may direct.

• (3) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) shall apply to any inquiry held under this section as they apply to an inquiry held under that section.

• (4) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

• (5) The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of any inquiry held under this section shall be defrayed out of the police fund or, if the inquiry relates to more than one police area, out of the police funds concerned in such proportions as may be specified in the direction; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

Regulations for police forces

33

• (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) above, regulations under this section may make provision with respect to the following matters, that is to say:—

• (a) the 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 47 of this Act;

• (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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective.

• (4) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

• (4A) 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.

• (5) Regulations under this section may make different provision for different cases and circumstances, . . .

• (6) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations for special constables

34

• (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) above, regulations under this section may make provision with respect to the following matters, that is to say:—

• (a) the qualifications for appointment of special constables;

• (b) the retirement of special constables;

• (c) the suspension of special constables from their office as constable;

• (d) the allowances payable to special constables; and

• (e) the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces.

• (3) If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.

• (4) Subsections (5) and (6) of section 33 of this Act shall apply to regulations under this section.

Regulations for police cadets

35

• (1) The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.

• (2) Subsections (4), (5) and (6) of section 33 of this Act shall apply to regulations under this section.

Regulations as to standard of equipment

36

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.

Disciplinary appeals

37

Inspectors of constabulary

Appointment and functions of inspectors of constabulary

38

• (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) It shall be the duty of the inspectors of constabulary to inspect, and report to the Secretary of State on the efficiency of, all police forces maintained under section 1 of this Act and the City of London police force.

• (3) The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency as the Secretary of State may from time to time direct.

• (4) The chief inspector of constabulary shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.

• (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.

Assistant inspectors and staff officers

39

• (1) The Secretary of State may appoint assistant inspectors of constabulary, and may appoint members of police forces to be staff officers to the inspectors of constabulary.

• (2) 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.

Pensions of inspectors and assistant inspectors

40

The Police Pensions Act 1948 shall apply to any inspector or assistant inspector of constabulary appointed after the commencement of this Act and accordingly shall have effect, in relation to any such person, subject to the modifications set out in Schedule 6 to this Act.

Central services

Common services

41

The Secretary of State may provide and maintain, or may contribute towards the provision or maintenance of, a police college, district police training centres, forensic science laboratories, wireless depots and such other organisations and services as he considers necessary or expedient for promoting the efficiency of the police.

Research

42

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 of the police.

Central service on police duties

43

• (1) Subject to the provisions of this section, where a member of a police force is, whether before or after the commencement of this Act, engaged, with the consent of the appropriate authority, for a period of central service he shall be treated as if he were not a member of that force during that period or so much of it as falls after the commencement of this Act; but, except where a pension, allowance or gratuity becomes payable to him out of moneys provided by Parliament by virtue of regulations made under the Police Pensions Act 1948—

• (a) he shall be entitled at the end of his period of central service to revert to his police force in the rank in which he was serving immediately before he engaged as aforesaid; and

• (b) he shall be treated for the purposes of any scale prescribed by or under the police regulations fixing his rate of pay by reference to his length of service, as if he had been serving in that force during that period.

• (2) Notwithstanding anything in subsection (1) above, a person engaged on central service may be promoted in his police force as if he were serving in that force; and in any such case the reference in paragraph (a) of that subsection to the rank in which he was serving immediately before he engaged shall be construed as a reference to the rank to which he is promoted, and for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

• (3) Notwithstanding anything in subsection (1) above, a member of a police force who has completed a period of central service may be dealt with under the police regulations relating to discipline for anything done or omitted while he was engaged on that service as if that service had been service in his police force, and section 37 of this Act shall apply accordingly.

• (4) The Police Pensions Act 1948 shall apply to any member of a police force engaged on central service and accordingly shall have effect, in relation to any such member, subject to the modifications set out in Schedule 6 to this Act.

• (5) In this section " central service " means temporary service under the Crown in connection with the provision by the Secretary of State of such organisations and services as are described in section 41 of this Act, or of research or other services connected with the police, and service as a staff officer to the inspectors of constabulary ; " appropriate authority " in relation to a member of a police force means the chief officer of police acting with the consent of the police authority, except that in relation to the chief officer of police it means the police authority; and " police regulations" means regulations made under section 33 of this Act.

Part III — Police Representative Institutions

Police Federations

44

• (1) There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in England and Wales and in Scotland respectively in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (1A) below, and questions of promotion affecting individuals.

• (1A) A Police Federation may represent a member of a police force at any proceedings brought under regulations made in accordance with subsection (3) of section 33 of this Act or with subsection (2A) of section 26 of the Police (Scotland) Act 1967 or on an appeal from any such proceedings.

• (1B) Except on an appeal to the a police appeals tribunal or as provided by section 102 of the Police and Criminal Evidence Act 1984, a member of a police force may only be represented under subsection (1A) above by another member of a police force.

• (2) The Police Federations shall act through local and central representative bodies; and the Police Federations and every branch thereof shall be entirely independent of, and subject to subsection (2A) of this section unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

• (2A) The Secretary of State from time to time may authorise a Police Federation or a branch thereof to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify and may vary or withdraw an authorisation previously given; and anything for the time being so authorised shall not be precluded by subsection (2) of this section.

• (3) The Secretary of State may by regulations prescribe the constitution and proceedings of the Police Federations or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision—

• (a) with respect to the membership of the Federations;

• (b) with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

• (c) with respect to the manner in which representations may be made by committees or bodies of the Federations to police authorities, chief officers of police and the Secretary of State;

• (d) for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by police authorities for police purposes; and

• (e) for modifying any regulations under the Police Pensions Act 1976 under section 33 of this Act or under section 26 of the Police (Scotland) Act 1967 in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

• (4) Regulations under this section may contain such supplementary and transitional provisions as the Secretary of State thinks fit, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations.

• (5) Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

Police Council for Great Britain

45

Police Advisory Boards for England and Wales and for Scotland

46

• (1) There shall be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively.

• (2) The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests of police authorities and of members of police forces and police cadets.

• (3) Before making regulations under section 33 or section 35 of this Act, other than regulations with respect to any of the matters mentioned in section 1(1) of the Police Negotiating Board Act 1980 the Secretary of State shall furnish a draft of the regulations to the Police Advisory Board for England and Wales, and take into consideration any representations made by that Board.

Membership of trade unions

47

• (1) Subject to the provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force:

• (2) If any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the chief registrar of friendly societies.

• (3) This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

• (4) Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Part IV — Miscellaneous and General

Remedies and complaints against police

Liability for wrongful acts of constables

48

• (1) The chief officer of police for any police area shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

• (2) There shall be paid out of the police fund—

• (a) any damages or costs awarded against the chief officer of police in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

• (b) any sum required in connection with the settlement of any claim made against the chief officer of police by virtue of this section, if the settlement is approved by the police authority.

• (3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief officer of police; and references in the foregoing provisions of this section to the chief officer of police shall be construed accordingly.

• (4) A police authority may, in such cases and to such extent as they think fit, pay any damages or costs awarded against a member of the police force maintained by them, or any constable for the time being required to serve with that force by virtue of section 14 of this Act or section 141 of the Criminal Justice and Public Order Act 1994, or any special constable appointed for their area, in proceedings for a tort committed by him, any costs incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings; and any sum required for making a payment under this subsection shall be paid out of the police fund.

Investigation of complaints

49 - 50

Information as to manner of dealing with complaints

50

Every police authority in carrying out their duty with respect to the maintenance of an adequate and efficient police force, and inspectors of constabulary in carrying out their duties with respect to the efficiency of any police force, shall keep themselves informed as to the manner in which complaints from members of the public against members of the force are dealt with by the chief officer of police.

Offences

Assaults on constables

51

• (1) Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable—

on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (2) Subsection (2) of section 17 of the Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) of this section.

• (3) Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.

• (4) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales.

Impersonation,

52

• (1) Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

• (2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (4) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document; and “special constable” means a special constable appointed for a police area.

Causing disaffection

53

• (1) Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of any police force, or induces or attempts to induce, or does any act calculated to induce, any member of a police force to withhold his services or to commit breaches of discipline, shall be guilty of an offence and liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (2) This section applies to special constables appointed for a police area as it applies to members of a police force.

Miscellaneous

Criminal statistics

54

• (1) The chief officer of police of every police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in the area for which the force is maintained as the Secretary of State may require.

• (2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

Abolition of fees

55

Section 23 of the Police Act 1890 (fees payable to constables), and any other enactment or rule of law whereby constables are authorised or required to take a fee for any act done in the course of their duty as such, shall cease to have effect.

Metropolitan and City of London police funds

56

There shall be paid out of the metropolitan police fund and the City of London police fund respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State) any expenditure incurred under this Act in respect of—

• (a) any special constables appoinred for the metropolitan police district or the City of London police area; and

• (b) any police cadets appointed in relation to the metropolitan police force or the City of London police force.

Police expenses of counties falling partly within the metropolitan police district

57

• (1) Any police expenses payable out of the county fund of any county falling partly within the metropolitan police district shall be chargeable only on so much of the county as does not fall within that district, without prejudice, however, to section 67 of the London Government Act 1963 (power of rating authority to aggregate like expenses chargeable on different parts of rating area.)

• (2) In this section “police expenses” means expenses for police purposes (including contributions to the police fund of a combined police authority) or expenses which are for any purpose treated as incurred for police purposes or are under any enactment payable out of the police fund.

Chief constables affected by amalgamations or local government reorganisations

58

• (1) If the chief constable of a police force which ceases to exist in consequence of an order under Part I of this Act or , section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992 is not appointed chief constable or other member of the successor force as from the date of transfer, he shall on that date become a member of that force (or, if there is more than one successor force, of such of them as may be provided by or under the order) by virtue of this section.

• (2) While a person is a member of a police force by virtue only of this section he shall hold the rank of assistantchief constable but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist, subject however to section 5(1) of this Act.

• (3) A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under Part II of this Act, cease to be a member thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force.

• (3A) If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.

• (4) The provision to be made by regulations under section 60(2) of the Local Government Act 1958 (as extended by Schedule 9 to this Act) with respect to the chief constable of a police force who, after becoming a member of another police force by virtue of this section, ceases to be a member of that force without having accepted and taken up an appointment therein shall, if he was the chief constable of a police force at the commencement of this Act, be not less favourable than any provision by way of a pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1976 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police Act 1946 and he had neither been transferred to the combined force nor joined it within three months.

• (5) Where the chief constable of a police force is engaged for a period of overseas service within the meaning of the Police (Overseas Service) Act 1945 or a period of central service within the meaning of section 43 of this Act, and before the end of that period that force ceases to exist as mentioned in subsection (1) of this section—

• (a) that subsection shall apply to him as if he were still the chief constable of that force, but with the substitution for references to the date of transfer of references to the end of the said period; and

• (b) paragraph 2 of Schedule 4 to this Act shall not apply to him.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this section “successor force”, in relation to a police force which ceases to exist in consequence of any order, means a force to which members of that police force are transferred by virtue of the order; and “date of transfer” means the date as from which those members are so transferred.

Amendments of Police (Scotland) Act 1956

59

Supplemental

Orders, rules and regulations

60

Expenses

61

Meaning of "police area"

62

Minor and consequential amendments

63

The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Interpretation, repeals and transitional provisions

64

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) References in this Act to any enactment shall be construed as references to that enactment as amended, and as including references thereto as extended or applied, by any subsequent enactment.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, commencement and extent

65

• (1) This Act may be cited as the Police Act 1964.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The following provisions of this Act extend to Scotland, namely, Part III; . . . ; section 63 and Schedule 9, so far as they relate to enactments extending to Scotland; section 64 and Part II of Schedule 10; and this section.

• (6) This Act does not extend to Northern Ireland.

SCHEDULE 1

1

In relation to a combined police authority constituted as a committee of the council of a county . . . the provisions of this Act shall have effect subject to the following provisions of this Schedule.

2

Subsections (6) and (7) of section 2 shall apply to the combined police authority as if it were a committee appointed under that section and section 3(3) shall not apply.

3

Notwithstanding anything in section 21(3) and Schedule 8, there shall be no combined police fund but the police fund for the combined area shall be the local fund of the county . . . and the amalgamation scheme shall make provision for the payment into that fund, out of the local funds of the other areas comprised in the combined area, of contributions assessed in accordance with the provisions of the scheme.

4

Sections 8(2) and 9(3) shall not apply, and subsections (3) and (4) of section 8 and subsections (1), (2) and (4) of section 9 shall apply as if the police area consisted only of the county . . . .

5

The council of the county . . . shall have the same power under section 10(1) as if the combined police force were maintained only for the county . . . .

6

Any provision made under section 21(3)(e) may be for transfer to the council of the county . . . instead of to the combined police authority, and for the use of any transferred property by that council instead of, or as well as, that authority.

7

In relation to an amalgamation scheme to be approved or made by virtue of section 23 of this Act—

• (a) the reference in subsection (4) of section 3 of this Act to a committee of one of the constituent councils shall include a reference to a committee of the council for any relevant area, that is to say, any area which under the order in question is (within the meaning of section 23 of this Act) a prospective police area and to which the scheme is to apply and

• (b) the request required by that subsection shall include the request of every council which is the council for a county the whole or any part of which is included in a relevant area.

SCHEDULE 2

SCHEDULE 3

1

Where the Secretary of State proposes to make an amalgamation scheme under subsection (2) of section 21 of this Act, he shall give to the police authorities for the police areas proposed to be amalgamated a notice describing the general nature of the proposed scheme and specifying the period within which objection may be made thereto.

2

Where any of the authorities to whom notice is required to be given under paragraph 1 above is a combined police authority, the Secretary of State shall give the like notice to the council of each county . . . comprised in the combined area.

3

Subject to paragraph 3A belowif, within the period specified in the notice, any police authority or council to whom the notice is given gives notice to the Secretary of State of an objection to the proposed scheme or any feature of that scheme, the Secretary of State shall, before making the scheme, cause a local inquiry to be held in respect of that objection by a person appointed by him (who shall not be an officer of police or of any Government department).

4

Where such an inquiry has been held, the Secretary of State shall consider the report of the person holding that inquiry before determining whether the scheme should be made and if so subject to what modifications, if any.

5

Subsections (2) and (3) of section 250 of the Local Government Act 1972 shall apply to any inquiry under this Schedule as they apply to an inquiry under that section.

6

Where the Secretary of State proposes to make an amalgamation scheme after holding a local inquiry under this Schedule, a copy of the report of the person by whom the inquiry was held shall be laid before Parliament together with the draft of the statutory instrument comprising the scheme.

SCHEDULE 4

Constables and cadets

1

• (1) All members of a transferred force who are transferred by an amalgamation scheme shall be deemed to have been duly appointed as members of the new force under Part I of this Act, and to have been duly attested as such, and shall hold in that force the same ranks respectively as they held immediately before the date of transfer in the force from which they are transferred.

• (2) All special constables appointed for a transferred area who are transferred by an amalgamation scheme shall be deemed to have been appointed as special constables for the new area under Part I of this Act, and to have been duly attested as such.

• (3) All police cadets who are transferred by an amalgamation scheme shall be deemed to have been appointed under Part I of this Act to undergo training with a view to becoming members of the new force.

2

Where, immediately before the date of transfer—

• (a) section 43(1)(a) of this Act, or

• (b) section 2 of the Police (Overseas Service) Act 1945. or

• (c) section 2 of the Police Act 1969

applied to any person as having been a member of a transferred force, that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the date of transfer, as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.

Staff and assets

3

• (1) Where any officers or servants, property, rights or liabilities have been transferred by virtue of an amalgamation scheme from one authority to another, or will be so transferred on the date of transfer, those authorities may by agreement provide for the making of such adjustments in relation to their respective property, rights and liabilities as appear to them to be desirable having regard to the transfer, and any such agreement may, in particular, provide for the making of payments by either party thereto.

• (2) If any question arises—

• (a) whether any persons, property, rights or liabilities have been or will on the date of transfer be transferred from one authority to another by virtue of an amalgamation scheme; or

• (b) whether any such adjustment as is mentioned in the foregoing sub-paragraph ought to be made between any authorities,

that question shall, in default of agreement between the authorities concerned, be referred to a single arbitrator agreed upon between the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator with respect to any such question as is mentioned in paragraph (b) of this sub-paragraph may provide for any matter for which provision might have been made by an agreement under the foregoing sub-paragraph.

Pending proceedings

4

• (1) Where, immediately before the date of transfer, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of an amalgamation scheme, those proceedings may be carried on thereafter with the substitution for that authority of the authority to whom the property, rights or liabilities are so transferred.

• (2) Where, immediately before the date of transfer, a member of a transferred force is entitled to appeal to the Secretary of State under the provisions of section 37 of this Act, or of any corresponding provisions repealed by this Act, or where any such member has appealed to the Secretary of State under any of those provisions before the said date but the appeal has not been determined, then, unless the Secretary of State otherwise directs, the disciplinary authority for the new area shall be the respondent for the purposes of the appeal, and in the case of a pending appeal, shall be substituted as respondent for the disciplinary authority for the transferred force.

Superannuation

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registers

6

Any register, or the appropriate part of any register, kept in pursuance of any enactment by the chief constable of a transferred area shall be transferred by him to the chief constable of the new area as soon as may be after the date of transfer, and as from that date shall be deemed to form part of the corresponding register kept by that chief constable.

Supplementary

7

8

In this Schedule—

• “date of transfer” means the date on which an amalgamation scheme comes into operation or, where different provisions of the scheme come into operation on different dates, the last of those dates;

• “pension” includes a lump sum and a gratuity;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature;

• “transferred area” means a police area which becomes comprised in a combined police area by virtue of an amalgamated scheme, or which is divided into two or more police areas by virtue of a scheme amending or revoking such a scheme;

• “transferred force” means the police force of a transferred area;

• “new area” means, in relation to any person or property, the police area in which a transferred area becomes comprised by virtue of an amalgamation scheme or, in the case of an area which is divided into two or more police areas by virtue of a scheme amending or revoking an amalgamation scheme, such of those areas as may be prescribed by that scheme;

• “new force” means the police force of a new area

SCHEDULE 5

Notice of appeal

1

Any appeal under section 37 of this Act (in this Schedule referred to as “the principal section”) shall be instituted by giving a notice of appeal within the time prescribed under this Schedule.

Respondent

2

• (1) On any appeal under the principal section against the decision of a police authority the respondent shall be that authority.

• (2) On any other appeal under that section the respondent shall be the chief officer of police of the police force to which the appellant belongs or such other person as the Secretary of State may direct; and the Secretary of State may direct any respondent under this sub-paragraph to act in relation to the appeal in consultation with such other person or persons as the Secretary of State may specify.

Inquiries

3

• (1) The Secretary of State may appoint three persons to hold an inquiry into and report to him on any appeal under the principal section other than an appeal from a decision of a police authority and, subject to sub-paragraph (2) below, shall do so where—

• (a) it appears to him that the appeal cannot be properly determined without taking evidence; or

• (b) the appellant has been punished by way of dismissal, requirement to resign or reduction in rank and has requested that such persons be appointed.

• (2) The Secretary of State need not make an appointment under sub-paragraph (1) above if he is satisfied that there are sufficient grounds for allowing the appeal without an inquiry.

• (3) The persons appointed under sub–paragraph (1) above shall be—

• (a) a, person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 who shall be chairman;

• (b) a serving or retired inspector of constabulary or a retired chief officer; and

• (c) a retired officer of appropriate rank within the meaning of sub-paragraph (4) below.

• (4) A retired officer of appropriate rank means—

• (a) where the appellant was, immediately before the disciplinary proceedings, of the rank of chief superintendent or superintendent, a retired police officer who at the time of his retirement was of either of those ranks; and

• (b) in any other case, a retired police officer who at the time of his retirement was of the rank of chief inspector or below.

• (5) The Secretary of State may appoint one or more persons to hold an inquiry into and report to him on an appeal under the principal section from a decision of a police authority.

• (6) The Secretary of State may require persons appointed under this paragraph to deal in their report with any particular matter specified by him.

• (7) Subsections (2) and (3) of section 250 of the Local Government Act 1972 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

• (8) The Secretary of State may require persons appointed under this paragraph to hold a hearing.

• (9) Persons so appointed shall hold a hearing in any case where they are not required to do so under sub-paragraph (8) above, unless it appears to them that it is unnecessary to do so.

• (10) A decision whether to hold a hearing shall not be taken under sub-paragraph (9) above unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

• (11) Where a hearing is held in the course of an inquiry, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

• (12) Before making an order under the principal section the Secretary of State shall consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

• (13) The Secretary of State may, before making an order under the principal section, remit the case for further investigation by the person or persons who held the inquiry or, if he thinks fit, for further consideration by the person or persons whose decision is the subject of the appeal.

Notice and effect of orders

4

• (1) A copy of any order made by the Secretary of State, together with a written statement of his reasons for making it, shall as soon as made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person or persons who held the inquiry; and the order shall be final and binding upon all parties.

• (2)

Where an appeal is allowed or the punishment is varied by the Secretary of State, the order shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the order is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of his reinstatement and, if he were suspended for a period immediately preceding the date of the decision, the order shall deal with the suspension.

• (3) Any costs payable under the principal section shall be subject to taxation in such manner as the Secretary of State may direct.

Rules

5

• (1) The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, may make rules—

• (a) prescribing the form and content of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted; and

• (b) prescribing the documents to be submitted and the time within which they are to be submitted by the respondent; and

• (c) providing for the person or persons holding an inquiry to receive evidence or representations in writing instead of holding a hearing.

• (2) Any rules made under this paragraph shall be laid before Parliament after being made.

SCHEDULE 6

1

Any reference (however expressed) to membership of a police force, or to service or employment in a police force, shall be construed as including a reference to service as an inspector or assistant inspector of constabulary and to central service.

2

Any reference to the police authority, in relation to service as such an inspector or assistant inspector or to central service, shall be construed as a reference to the Secretary of State.

3

Any reference to a person such as is mentioned in section 1(1) of the Police (Overseas Service) Act 1945 shall be construed as including a reference to an inspector or assistant inspector of constabulary and to a person engaged on central service.

SCHEDULE 7

1

In section 1, subsections (2), (3), (4) and (7) shall be omitted.

2

In section 4—

• in subsection (1)(b), at the end there shall be inserted the words " and, in this respect, to take every precaution to ensure that persons charged with offences are not unreasonably and unnecessarily detained in custody ";

• for subsection (2) there shall be substituted the following subsection— 2 The performance by a constable of a duty under any other enactment or under any rule of law shall be subject to the direction of the appropriate chief constable. ;

• for subsection (4) there shall be substituted the following subsection— 4 Any constable of a police force shall have all the powers and privileges of a constable throughout Scotland. ;

• in subsection (6), after the words " police forces" there shall be inserted the words " or to collaboration agreements " ;

• after subsection (6), there shall be inserted the following subsection— 7 This section shall be without prejudice to the next following section, and to any other enactment conferring powers on a constable for particular purposes .

3

In section 6—

• in subsection (1), for the word " with " there shall be substituted the words " after consultation with and subject to ";

• in subsection (3), for the words " next following subsection " there shall be substituted the words " three next following subsections "; after paragraph (c), there shall be inserted the following paragraph— or d may, without prejudice to those regulations, be required to retire by the police authority acting with the approval of the Secretary of State where they consider that his retirement is in the interests of efficiency ;

• and after that subsection there shall be inserted the following subsections— 3A Before seeking the approval of the Secretary of State under the last foregoing subsection the police authority shall give the chief constable an opportunity to make representations and shall consider any representations so made. 3B A chief constable who is required to retire as aforesaid shall retire on such date as may be specified in the requirement or on such earlier date as may be agreed upon between him and the police authority ;

• in subsection (4) for the words " the last preceding subsection" there shall be substituted the words " subsection (3) of this section ".

4

After section 6, there shall be inserted the following section:—

(6A) (1) The Secretary of State may require a police authority to exercise their power under the last foregoing section to call on a chief constable to retire, in the interests of efficiency, and the police authority shall comply with any such requirement. (2) Before requiring the exercise of that power or approving the exercise of that or the similar power with respect to the deputy or an assistant chief constable the Secretary of State shall give the chief constable or deputy or assistant chief constable an opportunity to make representations to him and shall consider any representations so made. (3) Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the police authority to exercise the power mentioned in subsection (1) of this section 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. (4) Where the Secretary of State is satisfied that the whole or any part of the expenses of a chief constable or deputy or assistant chief constable in respect of an inquiry under this section were not reasonably incurred, he may direct the constable to pay those expenses or that part of those expenses, as the case may be, or such proportion of the whole or of that part as he may think fit, but, subject to any such direction, those expenses shall be paid by the police authority.

5

In section 7—

• in subsection (1), for the words from " a person " to the end of the subsection there shall be substituted the words " appointments and promotions to any rank below that of assistant chief constable in any police force shall be made by the chief constable. "; and after that subsection there shall be inserted the following subsection :— 1A Appointments or promotions to the rank of assistant chief constable shall be made in accordance with the aforesaid regulations by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State. ;

• for subsection (2) there shall be substituted the following subsection :— 2 Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a constable of a police force (other than the chief constable) as they apply to the chief constable, with the substitution for any reference to the police authority of a reference to the person who is, in relation to the constable, the appropriate disciplinary authority as defined by subsection (5) of section 11 of this Act; Provided that paragraph (d) of the said subsection (3) and the said subsections (3A) and (3B) shall not apply to a constable below the rank of assistant chief constable unless he holds the appointment of deputy chief constable.

6

In section 10—

• for subsections (1) and (2), there shall be substituted the following subsections:— 1 In every police force there shall be a deputy chief constable. 2 Appointments to the office of deputy chief constable shall be made by the police authority, after consultation with the chief constable and subject to the approval of the Secretary of State and in accordance with regulations under section 11 of this Act. ;

• subsection (3) shall be omitted ;

• in subsection (4), for the words after " constable, and" there shall be substituted the following words— b during any vacancy in the office of chief constable ; but shall not have power to act by virtue of this subsection for any continuous period exceeding three months except with the consent of the Secretary of State. ;

• after subsection (5), there shall be added the following subsections:— 6 The provisions of subsection (4) above shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of the powers conferred by that enactment on a chief constable. 7 Subsections (3), (3A), (3B) and (4) of section 6 of this Act shall apply to a deputy chief constable as they apply to a chief constable.

7

After section 10, there shall be inserted the following section:—

(10A) (1) The chief constable of any police force may, in accordance with regulations under section 11A of this Act and subject to the approval of the police authority and of the Secretary of State as to numbers, appoint persons as police cadets to undergo training with a view to becoming members of that police force. (2) Subject to such regulations as aforesaid, all police cadets (including persons appointed as such before the commencement of this Act) shall be under the control of, and subject to dismissal by, the chief constable. (3) Subject to subsection (2) above, the police authority shall be treated for the purposes of any legal proceedings, and for the purposes of any enactment relating to the functions of employers, as the employer of any police cadets appointed to undergo training with the police force maintained by that authority.

8

In section 11—

• for subsection (2) there shall be substituted the following subsection :— 2 Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:— a the qualifications for appointment and promotion of members of police forces ; b periods of service on probation; c voluntary retirement of members of police forces ; d the retirement of special or temporary constables ; e the maintenance of discipline in police forces; 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 any body recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964; j the hours of duty, leave, pay and allowance of members of police forces ; k the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of regular constables ; and l the issue, use and return of police clothing, personal equipment and accoutrements. ; and at the end of that subsection there shall be inserted the following subsection— 2A If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.

• in subsection (6), for the words from the beginning to the words " that Act" there shall be substituted the words Before making regulations under this section, other than regulations to which section 45(4) of the Police Act 1964 applies, the Secretary of State shall submit a draft either— a to the Police Advisory Board for Scotland established by section 46 of the said Act of 1964 ; and for the word " council" there shall be substituted the word " Board ".

9

After section 11, there shall be inserted the following sections:—

(11A) (1) The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets. (2) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively. (3) Subsection (6) of section 11 of this Act shall apply to regulations under this section. (11B) 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. (11C) (1) A member of a police force who is dealt with for an offence against discipline may appeal to the Secretary of State. (2) On an appeal under this section the Secretary of State may— (a) allow the appeal; (b) dismiss the appeal; or (c) vary the punishment by substituting some other punishment (whether more or less severe) which could have been imposed on the appellant. (3) The Secretary of State may direct the appellant to pay the whole or any part of his own expenses, but, subject to any such direction, all the expenses of an appeal under this section, including the expenses of the parties, shall be paid by the police authority. (4) Schedule 1A to this Act shall have effect in relation to any appeal under this section.

10

In section 12, in paragraph (b) of subsection (2), after the words " police forces" there shall be inserted the words " or to collaboration agreements ", and in paragraph (c) the words " other than a constable " shall be omitted.

11

In section 16 for subsection (2) there shall be substituted the following subsection:—

(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) above cannot be made, or cannot be made in time, he may direct the chief constable of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

12

After section 16 there shall be inserted the following section:—

(16A) (1) If it appears to the chief constables of two or more police forces that any police functions can more efficiently be discharged by members of those forces acting jointly, they may, with the approval of the police authorities for the areas for which those forces are maintained, make an agreement for that purpose. (2) If it appears, to any two or more police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the police forces maintained by those authorities, they may make an agreement for that purpose. (3) Any expenditure incurred under an agreement made under this section shall be borne by the police authorities in such proportions as they may agree or as may, in default of agreement, be determined by the Secretary of State. (4) An agreement under subsection (1) or subsection (2) of this section may be varied or determined by a subsequent agreement. (5) If it appears to the Secretary of State that an agreement should be made under subsection (1), subsection (2) or subsection (4) of this section, he may, after considering any representations made by the parties concerned, direct those parties to enter into such agreement for that purpose as may be specified in the directions.

13

In section 23, for subsection (1) there shall be substituted the following subsection:—

(1) Where, immediately before the date when an amalgamation scheme comes into operation, either— (a) section 29B(1)(a) of this Act, or (b) section 2 of the Police (Overseas Service) Act 1945, applied to any person as having been a member of a transferred force, that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the said date as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.

14

After section 23, there shall be inserted the following—

(23A) (1) The chief constable of a police force shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his general direction in the performance or purported performance of his functions in like manner as a master is so liable in respect of a wrongful act or omission on the part of his servant in the course of the servant's employment. (2) The police authority shall pay— (a) any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings ; and (b) any sum required in connection with the settlement of any claim made against the chief constable of a police force by virtue of this section, if the settlement is approved by the police authority. (3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief constable for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief constable; and references in the foregoing provisions of this section to the chief constable shall be construed accordingly. (4) The police authority may, in such cases and to such extent as they think fit, pay any damages or expenses awarded against a constable of a police force maintained by them or any constable for the time being required to serve with that force by virtue of section 16 of this Act, in proceedings arising from any wrongful act or omission on the part of that constable, any expenses incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings. (5) The provisions of this section shall come into force on such date as the Secretary of State may by order appoint, and the order may be made with restrospective effect to any date specified in the order not being earlier than the date of the passing of the Police Act 1964. (23B) Every police authority and inspectors of constabulary shall keep themselves informed as to the manner in which complaints made by members of the public against members of a police force are dealt with by the chief constable.

15

In section 29, for subsection (6) there shall be substituted the following subsection—

(6) The Secretary of State may, after consulting such bodies or associations as appear to him to be representative of police authorities, by order, apply the last preceding subsection to other expenses specified in the order incurred by him for the purposes of police forces generally.

16

After section 29, there shall be inserted the following sections:—