Police and Magistrates’ Courts Act 1994

Part I — POLICE

Chapter I — PRINCIPAL AMENDMENTS OF POLICE ACT 1964

Police areas

Police areas

1

Forces outside London

Police forces and police authorities

2

Membership of police authorities etc

3

Functions of police authorities

4

Chief constables

5

Deputy and assistant chief constables

6

Other members of police forces

7

Police fund

8

Supply of goods and services

9

Civilian employees

10

Appointment of officers

11

Questions by local councillors

12

General

Provision of advice and assistance to international organisations etc

13

Alteration of police areas

14

Functions of Secretary of State

15

Reports from police authorities

16

Police grant and other grants

17

Regulations for police forces

18

Appeals against dismissal etc

19

Inspectors of constabulary

20

Reports from inspectors of constabulary

21

Assistant inspectors and staff officers

22

Common services

23

Grants by local authorities

24

Acceptance of gifts and loans

25

Police officers engaged on service outside their force

26

Chapter II — OTHER PROVISIONS ABOUT THE POLICE

Financial provisions

Precepts

27

• (1) In section 39 of the Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—

(b) a police authority established under section 3 of the Police Act 1964;

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

Approval of decisions about precepts

28

Directions as to minimum budget

29

Revenue accounts and capital finance

30

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Financial administration

31

In section 111 of the Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—

(e) a police authority established under section 3 of the Police Act 1964,

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Initial financing of new police authorities

32

Validation of past grants

33

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Complaints against and conduct of police officers

Reference of matters other than complaints to Complaints Authority

34

Steps to be taken after investigation of complaint

35

Powers of Complaints Authority as to disciplinary proceedings

36

Repeal of certain provisions about discipline

37

Saving for certain complaints procedures

38

Reorganisation of local government

Police areas in England: alterations under Local Government Act 1992

39

• (1) The Local Government Act 1992 shall be amended as follows.

• (2) In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.

• (3) In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.

• (4) In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.

• (5) After subsection (5) of section 17 there shall be added—

(6) The Secretary of State shall exercise his power to make orders under this section in relation to police areas 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, and (c) a London borough, is divided between two or more police areas; but this subsection 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.

• (6) In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.

• (7) In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.

Police areas in Wales: alterations under Local Government Act 1972

40

• (1) The Local Government Act 1972 shall be amended as follows.

• (2) In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”.

• (3) In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—

(3A) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.

• (4) In section 60 (procedure for reviews)—

• (a) in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”;

• (b) in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”;

• (c) in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”.

• (5) In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.

Miscellaneous

Metropolitan police: assistant commissioners

41

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Application of Firearms Act 1968 to civilian staff

42

In section 54 of the Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—

(3) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is— (a) a member of a police force, or (b) a person employed by a police authority who is under the direction and control of a chief officer of police.

Application to police authorities of enactments relating to local authorities etc

43

Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.

Minor and consequential amendments

44

Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.

Application of certain provisions to new police authorities

45

Interpretation of Part I

46

In this Part of this Act “the 1964 Act” means the Police Act 1964.

Part II — POLICE (SCOTLAND)

Constitution of police force

47

• (1) For section 3 of the 1967 Act there shall be substituted—

(3) (1) A police force shall consist of a chief constable, regular constables and special constables. (2) In subsection (1) above— “regular constables” means constables (including probationary constables) to whom both pay and allowances are, by virtue of section 26 of this Act, payable; and “special constables” means constables to whom allowances only are so payable.

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• (2) In section 7 of that Act (assignment of ranks)—

• (a) in subsection (1)—

• (i) the words “, deputy chief constable" and “, chief superintendent and" shall be omitted; and

• (ii) after the word “superintendent" there shall be inserted the words “ , chief inspector, inspector, sergeant and constable. ”; and

• (b) subsection (2) shall be omitted.

• (3) In section 8(1) (appointment of police cadets), the words “and subject to the approval of the police authority and the Secretary of State as to numbers" shall be omitted.

• (4) In section 14(1) (extra policing of locality where works are being constructed), the words “(whether by the appointment of temporary constables or otherwise)" shall be omitted.

• (5) In section 26(2)(d) (regulations as to retirement of certain constables), the words “or temporary" shall be omitted.

Deputy and assistant chief constables

48

For sections 5 and 5A of the 1967 Act there shall be substituted—

(5) (1) The ranks that may be held in a police force maintained under section 1 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 (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable. (4) A chief constable shall, after consulting the police authority for the area for which his force is maintained, 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.

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Civilian employees

49

For section 9 of the 1967 Act there shall be substituted—

(9) (1) A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables. (2) The police authority shall exercise their powers under section 56 (and section 63) of the Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force. (3) Subsection (2) above 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) above include the powers of engagement and dismissal.

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Provision of advice and assistance to international organisations etc

50

After section 12 of the 1967 Act there shall be inserted—

(12A) (1) Subject to the provisions of this section, a police authority may provide advice and assistance— (a) to an international organisation or institution, or (b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it. (2) The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection. (3) The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him. (4) A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit. (5) Nothing in this section authorises a police authority to provide any financial assistance by— (a) making a grant or loan, (b) giving a guarantee or indemnity, or (c) investing by acquiring share or loan capital. (6) A police authority may make charges for advice and assistance provided by it under this section. (7) The provisions of this section are without prejudice to the Police (Overseas Service) Act 1945 and section 10 of the Overseas Development and Co-operation Act 1980.

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Chief constables' annual reports

51

In section 15(1) of the 1967 Act (submission of general report by chief constable on policing)—

• (a) for the word “May" there shall be substituted the word “ July ”;

• (b) for the words “general report in writing on" there shall be substituted the words “ report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, ”; and

• (c) for the words “year ended on 31st December last preceding" there shall be substituted the words “ twelve months ending on 31st March in that year ”.

Regulations for police forces

52

• (1) Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows.

• (2) In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted—

(e) the conduct and efficiency of constables;

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• (3) After that subsection there shall be inserted—

(2A) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and (b) make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained. (2B) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above— (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or (b) authorise or require the delegation by any person of functions conferred on him by or under the regulations. (2C) Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced.

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• (4) Subsection (7) shall be omitted.

Fixed term appointments etc

53

• (1) Section 26 of the 1967 Act shall be further amended—

• (a) by inserting, after the words “administration of” in subsection (1), the words “ , and the conditions of service in, ”; and

• (b) by inserting after subsection (5)—

(5A) 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.

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• (2) Section 23 of the 1967 Act (chief constables affected by amalgamations or local government reorganisation) shall be amended as follows—

• (a) in subsection (2), for the word “deputy" there shall be substituted “ assistant ”;

• (b) in subsection (3), after the word “Act" there shall be inserted “ and to subsection (3A) below ”; and

• (c) after subsection (3) there shall be inserted—

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

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Power of Secretary of State to give directions to police authorities

54

After section 26 of the 1967 Act there shall be inserted—