Police Act 1964

Part I — Organisation of Police Forces

County, county borough and combined forces

Police areas

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• (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

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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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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Civilian employees

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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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

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• (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

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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

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• (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.