Legalize / United Kingdom / Public General Act

Police Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2024-06-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations for Police Federations

60

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Police Federations, or

(b) authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section 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 local policing bodies, the Scottish Police Authority, 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 local policing bodies or the Scottish Police Authority for police purposes; and

(e) about the pay, pension or allowances and other conditions of service for any member of a police force or special constable who is the secretary or officer of a Police Federation (including provision which applies existing regulations with modifications), and may require the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) Before making any regulations under this section the Secretary of State shall consult—

(a) for regulations extending to England and Wales, the national board of the Police Federation for England and Wales, and

(b) for regulations extending to Scotland, the three Central Committees of the Police Federation for Scotland, sitting together as a Joint Committee.

(5) A statutory instrument containing regulations under this section 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.

The Police Negotiating Board for the United Kingdom

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Functions of the Board with respect to regulations

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Police Advisory Boards for England and Wales and for Scotland

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(1) There shall continue to be a Police Advisory Board for England and Wales ... for the purpose of advising the Secretary of State on general questions affecting the police ....

(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The constitution and proceedings of the Police Advisory Board for England and Wales shall be such as the Secretary of State may determine after consulting organisations representing the interests of local policing bodies, of police authorities and of members of police forces and police cadets.

(3) Before making—

(a) regulations or rules under section 50, 52, 84 or 85, other than regulations to which section 50(2ZC) applies or regulations of a kind referred to in section 52A(1), or

(b) regulations under Part 2 or 2B of the Police Reform Act 2002, or

(d) an order under section 97A, or

(e) an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),

the Secretary of State shall supply the Police Advisory Board for England and Wales with a draft of the regulations, rules or order, and take into consideration any representations made by that Board.

(4) Section 4K of the Fire and Rescue Services Act 2004 and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements on the Secretary of State to consult the Police Advisory Board for England and Wales.

Membership of trade unions

64

(1) Subject to the following 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) Where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.

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

(4) 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.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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 — Complaints, disciplinary proceedings etc.

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Interpretation

Interpretation of Chapter I

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The Police Complaints Authority

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Handling of Complaints etc.

Preliminary

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Investigation of complaints: senior officers

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Investigation of complaints: standard procedure

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References of complaints to Authority

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References of other matters to Authority

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Supervision of investigations by Authority

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Reports on investigations etc

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Steps to be taken after investigation: senior officers

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Steps to be taken after investigation: standard procedure

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Powers of Authority as to disciplinary proceedings

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Information as to the manner of dealing with complaints etc

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Constabularies maintained by authorities other than police authorities

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Reports

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Restriction on disclosure of information

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Regulations

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Regulations – supplementary

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Guidance concerning complaints etc

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Chapter II — Disciplinary and other proceedings

Representation at disciplinary and other proceedings

84

(1) The Secretary of State shall by regulations make provision for or in connection with—

(a) enabling the officer concerned or a relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 50(3) or (3A) or section 51(2A) or (2B);

(b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.

(2) Regulations under this section may in particular make provision—

(a) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be legally represented (by a relevant lawyer);

(b) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;

(i) a relevant authority may be legally represented, and

(ii) the panel conducting the proceedings may receive advice from a relevant lawyer,

whether or not the officer concerned is legally represented.

(3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—

(a) for securing that the officer is notified of his right to such representation;

(b) specifying when the officer is to be so notified;

(c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.

(4) In this section—

“the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable or, as the case may be, the former member of a police force or the former special constable, to whom the proceedings relate;

“the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;

“prescribed” means prescribed by regulations under this section;

“relevant authority" , in relation to proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A), means—where the officer concerned is a member of a police force (other than the chief officer of police), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable;where the officer concerned is the chief officer of police, the local policing body for the police force of which the officer is a member;

“relevant authority”, in relation to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means— where the officer concerned is a former member of a police force (other than a former chief officer of police), or a former special constable, the chief officer of police of the police force of which the officer was last a member, or for which the officer was last appointed as a special constable;where the officer concerned is a former chief officer of police, the local policing body for the police force of which the officer was last a member;

“relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);

“senior officer” means a member of a police force holding a rank above that of chief superintendent.

(5) But in prescribed circumstances “relevant authority” also includes the Independent Office for Police Conduct.

(6) Regulations under this section may make different provision for different cases and circumstances.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008.

(9) A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Appeals against dismissal etc

85

(1) The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable , or a former member of a police force or a former special constable, may appeal to a police appeals tribunal.

(2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.

(3) The Secretary of State may make rules as to the procedure on appeals to police appeals tribunals under this section.

(4) Rules made under this section may, in particular, make provision—

(a) for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing;

(b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—

(i) by a relevant lawyer within the meaning of section 84, or

(ii) by a person who falls within any description of persons prescribed by the rules;

(c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,

and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules.

(4A) Rules under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5A) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(6) Schedule 6 shall have effect in relation to appeals under this section.

Admissibility of statements in subsequent proceedings

86

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Guidance concerning disciplinary proceedings etc

87

(1) The Secretary of State may issue guidance as to the discharge of their disciplinary functions to—

(a) local policing bodies,

(b) chief officers of police,

(d) civilian police employees, and

(e) the Director General of the Independent Office for Police Conduct.

(1B) The College of Policing may, with the approval of the Secretary of State, issue guidance to the persons mentioned in subsection (1)(a) to (c) as to the discharge of their disciplinary functions in relation to members of police forces and special constables and former members of police forces and former special constables.

(2) Nothing in this section shall authorise the issuing of any guidance about a particular case.

(3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.

(4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

(4A) In this section “disciplinary functions” means—

(a) functions in relation to the conduct, efficiency and effectiveness of, and the maintenance of discipline of, the following persons (including functions in relation to disciplinary proceedings)—

(i) members of police forces;

(ii) special constables;

(iii) civilian police employees;

(iv) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;

(b) functions in relation to disciplinary proceedings against persons who were, but have ceased to be, persons falling within paragraph (a).

(5) In this section—

“civilian police employee” means—a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), ora person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London;

“disciplinary proceedings”—in relation to a member of a police force or a special constable, or a former member of a police force or a former special constable, means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations;in relation to any other person, means any proceedings identified as disciplinary proceedings by regulations made by the Secretary of State for the purposes of this section.

(6) A statutory instrument containing regulations under paragraph (b) of the definition of “disciplinary proceedings” in subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

Liability for wrongful acts of constables

88

(1) The chief officer of police for a police area shall be liable in respect of any unlawful conduct of 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 the case of a 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 local policing body .

(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 subsections (1) and (2) to the chief officer of police shall be construed accordingly.

(4) A local policing body may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a) any damages or costs awarded against a person to whom this subsection applies in proceedings for any unlawful conduct of that person,

(b) any costs incurred and not recovered by such a person in such proceedings, and

(5) Subsection (4) applies to a person who is—

(a) a member of the police force maintained by the local policing body,

(b) a constable for the time being required to serve with that force by virtue of section 24 or 98 of this Act ..., or

(5A) This section shall have effect where, by virtue of Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer who is neither a constable nor an employee of the local policing body is provided to a police force as if—

(a) any unlawful conduct of his in the performance or purported performance of his functions were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and

(b) subsection (4) applied to him in the case of the local policing body maintaining that force.

(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of a police force as if—

(a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the local policing body were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and

(b) subsection (4) applied, in the case of the local policing body maintaining that force, to every member of that team to whom it would not apply apart from this subsection.

(7) In this section “international joint investigation team” means any investigation team formed in accordance with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part V — Miscellaneous and General

Offences

Assaults on constables

89

(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) 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.

(3) This section also applies to a constable who is a member of the Police Service of 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.

(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

(a) is a member of an international joint investigation team that is led by a member of a police force ...; and

(b) is carrying out his functions as a member of that team.

(5) In this section “international joint investigation team” means any investigation team formed in accordance with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Impersonation, etc

90

(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—

(a) “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,

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “special constable” means a special constable appointed for a police area.

Causing disaffection

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(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, 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 the statutory maximum, 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 in the case of—

(a) special constables appointed for a police area,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) members of the Civil Nuclear Constabulary, and

as it applies in the case of members of a police force.

(3) Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour.

Miscellaneous financial provisions

Grants by local authorities

92

(1) The council of a county, district, county borough London borough, parish or community may make grants to any police and crime commissioner whose police area falls wholly or partly within the council’s area.

(2) The council of a London borough, county, district or parish which falls wholly or partly within the metropolitan police district may make grants ... to the Mayor's Office for Policing and Crime.

(3) Grants under this section may be made unconditionally or, with the agreement of the chief officer of police for the police area concerned, subject to conditions.

(4) This section applies to the Council of the Isles of Scilly as it applies to a county council.

Acceptance of gifts and loans

93

(1) A local policing body may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as appear to the body to be appropriate.

(2) The terms on which gifts or loans are accepted under subsection (1) may include terms providing for the commercial sponsorship of any activity of the local policing body or of the police force maintained by it.

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

Financing of new police authorities

94

(1) The Secretary of State may make grants to any police and crime commissioner in respect of expenditure incurred (or to be incurred) by the commissioner at any time before the beginning of its first precepting year.

(2) Without prejudice to any other powers to borrow, a police and crime commissioner may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which the commissioner may require for the purpose of meeting the commissioner's expenditure before the beginning of the commissioner's first precepting year.

(3) The sums borrowed by a commissioner under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of the commissioner's first precepting year.

(4) For the purposes of this section the “first precepting year” of a police and crime commissioner is the financial year in which revenue is first received by the commissioner as a result of a precept issued by the commissioner under Part I of the Local Government Finance Act 1992.

Metropolitan and City of London police funds

95

There shall be paid out of . . . the City of London police fund . . .any expenditure incurred under this Act in respect of—

(a) any special constables appointed for . . . the City of London police area; and

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

Miscellaneous

Arrangements for obtaining the views of the community on policing

96

(1) Arrangements shall be made for each police area for obtaining—

(a) the views of people in that area about matters concerning the policing of the area, and

(b) their co-operation with the police in preventing crime and anti-social behaviour in that area.;

and for obtaining the views of victims of crime in that area about matters concerning the policing of the area.

(1A) Those arrangements must include, in the case of—

(a) a police area listed in Schedule 1, or

(b) the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued under section 5 or 6 of the Police Reform and Social Responsibility Act 2011, the views of the people in that police area, and the views of the victims of crime in that area, on that plan.

(1B) Those arrangements must include, in the case of a police area listed in Schedule 1, arrangements for obtaining, before the first precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992, the views of—

(a) the people in that police area, and

(b) the relevant ratepayers' representatives,

on the proposals of the police and crime commissioner for expenditure (including capital expenditure) in that financial year.

(1C) Those arrangements must include, in the case of the metropolitan police district, arrangements for obtaining, before the first calculations in relation to the Mayor's Office for Policing and Crime are made for a financial year under section 85 of the Greater London Authority Act 1999, the views of—

(a) the people in the metropolitan police district, and

(b) the relevant ratepayers' representatives,

on the proposals of the Mayor's Office for Policing and Crime for expenditure (including capital expenditure) in that financial year.

(2) Arrangements under this section are to be made by the local policing body for the police area, after consulting the chief officer of police for that area.

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

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

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

(5A) In subsections (1B) and (1C) “relevant ratepayers' representatives”, in relation to a police area listed in Schedule 1, or the metropolitan police district, means the persons or bodies who appear to the elected local policing body for that area or district to be representative of persons subject to non-domestic rates under sections 43 and 45 of the Local Government Finance Act 1988 as regards hereditaments situated in that area or district.

(5B) In determining which persons or bodies are relevant ratepayers' representatives, an elected local policing body must have regard to any guidance given by the Secretary of State.

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police officers engaged on service outside their force

97

(1) For the purposes of this section “relevant service” means—

(a) temporary service on which a person is engaged in accordance with arrangements made under section 26;

(aa) temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30);

(b) temporary service under section 56 on which a person is engaged with the consent of the appropriate authority;

(i) such organisations and services as are described in section 57, or

(ii) research or other services connected with the police,

on which a person is engaged with the consent of the appropriate authority;

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ch) temporary service with the Disclosure and Barring Service on which a person is engaged with the consent of the appropriate authority;

(ch) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ci) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cj) temporary service as a National Crime Agency officer on which a person is engaged with the consent of the appropriate authority;

(d) temporary service as an adviser to the Secretary of State on which a person is engaged with the consent of the appropriate authority;

(e) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority;

(ea) temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;

(f) service in the Police Service of Northern Ireland, on which a person is engaged with the consent of the Secretary of State and the appropriate authority; . . .

(g) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority , or

(h) service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.

(i) temporary service with ... the College of Policing on which a person is engaged with the consent of the appropriate authority;

(2) In subsection (1) “appropriate authority”, in relation to a member of a police force, means the chief officer of police acting with the consent of the local policing body, except that in relation to the chief officer of police it means the local policing body.

(3) Subject to subsections (4) to (8), a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the Police Pensions Act 1976—

(a) he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b) he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 50 above fixing his rate of pay by reference to his length of service.

(4) In the case of relevant service to which subsection (1)(e) refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the Police (Overseas Service) Act 1945.

(5) A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a) the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b) 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.

(6) A member of a police force who—

(a) has completed a period of relevant service within paragraph (a), (aa), (b), (c), ... ... ... , (ch) , (ch), (ci) , (cj), (d), (g) , (h) or (i), of subsection (1), or

(b) while engaged on relevant service within paragraph (e) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c) while engaged on relevant service within paragraph (ea) or (f) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with section 50(3) 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 85 shall apply accordingly.

(7) For the purposes of subsection (6) a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a) in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b) in a case within paragraph (c) of that subsection, it is given by or on behalf of the Police Ombudsman for Northern Ireland or (as the case may be) the chief constable of the Police Service of Northern Ireland, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

(8) A member of a police force engaged on relevant service within paragraph (aa), (b), (c), ... ... ... , (ch) , (ch), (ci) , (d) or (i) of subsection (1 —

(a) shall continue to be a constable, and

(b) shall be treated for the purposes of sections 30, 59, 60, 64 and 90 as if he were a member of his police force.

(9) The Secretary of State shall be liable in respect of any unlawful conduct of a member of a police force engaged on relevant service within paragraph (b), (c) or (d) of subsection (1) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in , in the case of a tort, be treated for all purposes as a joint tortfeasor.

(8A) A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.

Cross-border aid of one police force by another

98

(1) The chief officer of police of a police force in England or Wales may, on the application of the chief constable of the Police Service of Scotland or the chief constable of the Police Service of Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the Police Service of Northern Ireland to meet any special demand on its resources.

(2) The chief constable of the Police Service of Scotland may, on the application of the chief officer of police of a police force in England or Wales ... the chief constable of the Police Service of Northern Ireland ..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the Police Service of Northern Ireland ... to meet any special demand on its resources.

(3) The chief constable of the Police Service of Northern Ireland may, on the application of the chief officer of police of a police force in England or Wales or the chief constable of the Police Service of Scotland ..., provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force ... to meet any special demand on its resources.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If it appears to the Secretary of State—

(a) to be expedient in the interests of public safety or order that a 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

(b) that satisfactory arrangements under subsection (1), (2) or (3) cannot be made, or cannot be made in time,

he may direct the chief officer of police of any police force in England or Wales, the chief constable of the Police Service of Scotland or the chief constable of the Police Service of Northern Ireland ..., as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.

(5) While a constable is provided under this section for the assistance of another police force ... he shall, notwithstanding any enactment,—

(a) be under the direction and control of the chief officer of police of that other force (or, where that other force is the Police Service of Scotland or the Police Service of Northern Ireland ..., of the chief constable of that Service ...); and

(b) have in any place the like powers and privileges as a member of that other force has in that place as a constable.

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

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6B) In this section “local policing body” includes—

(a) the Scottish Police Authority, and

(b) the Northern Ireland Policing Board.

(7) In the application of this section to Scotland, any expression used in this section and in the Police and Fire Reform (Scotland) Act 2012 shall have the same meaning in this section as in that Act.

(8) “Constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000.

Jurisdiction of metropolitan police officers

99

(1) A member of the metropolitan police force who is assigned to the protection of any person or property in Scotland shall, in the discharge of that duty, have the powers and privileges of a constable of the Police Service of Scotland.

(2) A member of the metropolitan police force who is assigned to the protection of any person or property in Northern Ireland shall, in the discharge of that duty, have the powers and privileges of a constable of the Royal Ulster Constabulary.

Chief constables affected by police area alterations or local government reorganisations

100

(1) If the chief constable of a police force which ceases to exist in consequence of an order under section 32 above or section 58 of the Local Government Act 1972 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 assistant chief 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 10(1).

(3) A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under section 50, cease to be a member of that force at the end of three months unless he has then accepted and taken up an appointment in that force.

(4) 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.

(5) Where—

(a) the chief constable of a police force is engaged for a period of relevant service within paragraph (b), (c), (d) or (e) of section 97(1), and

(b) before the end of that period that force ceases to exist as mentioned in subsection (1) above,

subsection (1) shall apply to the chief constable 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.

(6) In this section—

(a) “successor force”, in relation to a police force which ceases to exist in consequence of an order, means a force to which members of that police force are transferred by virtue of the order; and

(b) “date of transfer” means the date as from which those members are so transferred.

Supplemental

Interpretation

101

(1) Except where the context otherwise requires, in this Act—

“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

“chief officer of police” means—in relation to a police force maintained under section 2, the chief constable,in relation to the metropolitan police force, the Commissioner of Police of the Metropolis, andin relation to the City of London police force, the Commissioner of Police for the City of London ;

“City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force;

“Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area;

“elected local policing body” means—a police and crime commissioner;the Mayor's Office for Policing and Crime;

“local policing body” means—a police and crime commissioner (in relation to a police area listed in Schedule 1);the Mayor's Office for Policing and Crime (in relation to the metropolitan police district);the Common Council (in relation to the City of London police area);

“Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;

“metropolitan police district” means that district as defined in section 76 of the London Government Act 1963;

“national or international functions” means functions relating to— the protection of prominent persons or their residences,national security,counter-terrorism, orthe provision of services for any other national or international purpose;

“the National Police Chiefs' Council” means the body called the National Police Chiefs' Council which was established in accordance with a collaboration agreement under section 22A above entered into on 1 April 2015;

“police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;

“police area” means a police area provided for by section 1;

“police force” means a force maintained by a local policing body;

“police fund” means— in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to the City of London police force, the fund out of which the expenses of that force are paid.

(2) In this Act “police purposes”, in relation to a police area, includes the purposes of—

(a) special constables appointed for that area,

(b) police cadets undergoing training with a view to becoming members of the police force maintained for that area, and

(3) References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.

Orders, rules and regulations

102

Any power of the Secretary of State to make orders, rules or regulations under this Act shall be exercisable by statutory instrument.

Consequential amendments, transitional provisions, repeals, etc

103

(1) The enactments mentioned in Schedule 7 shall be amended as provided in that Schedule.

(2) Schedule 8 (which contains transitional and transitory provisions, savings etc.) shall have effect.

(3) The enactments mentioned in Parts I and II of Schedule 9 are repealed, and the instruments mentioned in Part III of that Schedule are revoked, to the extent specified in the third column of the Schedule.

Commencement

104

(1) Except as provided by subsection (2), this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(2) The following provisions of this Act—

section 50(3),

Part IV (including Schedules 5 and 6) other than section 88,

paragraphs 43, 45 and 46 of Schedule 7,

paragraph 12 of Schedule 8, and

Part II of Schedule 9,

shall come into force on such day as the Secretary of State may by order appoint.

(3) An order under this section may appoint different days for different purposes or different areas.

(4) The power to make orders under this section includes power to make such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient.

(5) Where an order under this section contains provisions made by virtue of subsection (4), the statutory instrument containing that order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

105

(1) Except as provided by subsections (2) to (5), this Act extends to England and Wales only.

(2) The following provisions of this Act extend to Scotland (and in the case of section 99(1) to Scotland only)—

section 21;

section 25(1A);

Part III;

sections 98, 99(1), 101(2), 102 and 104 to 106 and paragraphs 1 to 5, 7 and 11(1), (2) and (4) of Schedule 8 (and section 103 so far as it relates to those paragraphs).

(3) The following provisions of this Act extend to Northern Ireland (and in the case of section 99(2) to Northern Ireland only)—

Part 3A;

sections 98, 99(2), 102 and 104 to 106 and paragraphs 1 to 4 of Schedule 8 (and section 103 so far as it relates to those paragraphs).

(4) Subject to subsection (5), the amendments in Schedule 7 and the repeals and revocations in Schedule 9 have the same extent as the enactments to which they refer and section 103 extends accordingly.

(5) Paragraphs 2 to 6 of Schedule 7 extend to England, Wales and Scotland only.

Short title

106

This Act may be cited as the Police Act 1996.

SCHEDULE 1

SCHEDULE 2

Membership of police authorities

1

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

Appointment of members by relevant councils

2

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

3

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

4

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

Appointment of independent members

5

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

6

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

Appointment of magistrates

7

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

8

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

Chairman

9

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

Disqualification

10

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

11

(1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified for being appointed as or being a member of a police authority if—

(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the authority is represented, or by any person holding any such office or employment;

(b) a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c) he is subject to a disqualification order or disqualification undertakingunder the Company Directors Disqualification Act 1986 to a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2) A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee on which the authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified for being appointed as or being a member of that other police authority.

(3) Where a person is disqualified under sub-paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(4) Where a person is disqualified under sub-paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(5) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

12

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

13

(1) Without prejudice to paragraph 11, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 if—

(a) he has not yet attained the age of twenty-one years, or

(b) neither his principal or only place of work, nor his principal or only place of residence, has been in the area of the authority during the whole of the period of twelve months ending with the day of appointment.

(2) Without prejudice to paragraph 11, a person shall be disqualified for being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within that area.

14

(1) Without prejudice to paragraph 11, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5, and for being a member so appointed, if he is—

(a) a member of the council for a county, district, county borough or London borough which is wholly or partly within the area of the police authority;

(b) a lay justice eligible for appointment to the police authority under paragraph 8;

(d) a member of a police force;

(e) an officer or employee of a police authority; or

(f) an officer or employee of a relevant council.

(2) A person shall not be regarded for the purposes of sub-paragraph (1)(f) as an employee of a relevant council by reason of his holding—

(a) the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or

(b) any other post as a teacher or lecturer in any such school, college, institution or establishment.

Tenure of office

15

Subject to the following paragraphs (and to the provisions of any order under section 4(2)) a person shall hold and vacate office as a member of a police authority in accordance with the terms of his appointment.

16

(1) A person shall be appointed to hold office as a member for—

(a) a term of four years . . ., or

(b) such shorter term as the body appointing him may determine in any particular case.

(2) A person shall not, by virtue of sub-paragraph (1)(b), be appointed under paragraph 5 for a term shorter than four years without the approval of the Secretary of State.

17

(1) A person may at any time resign his office as a member, or as chairman or vice-chairman, by notice in writing to the police authority.

(2) Where a member appointed under paragraph 5 resigns his office as a member under sub-paragraph (1) of this paragraph, he shall send a copy of the notice to the Secretary of State.

18

(1) A member of a relevant council appointed to be a member of a police authority under paragraph 2 shall cease to be a member of the authority if he ceases to be a member of the council (and does not on the same day again become a member of the council).

(2) A lay justice appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority’s area.

19

(1) A police authority may remove a member from office by notice in writing if—

(a) he has been absent from meetings of the police authority for a period longer than three consecutive months without the consent of the authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 11),

(d) the police authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) Where a police authority removes a member under sub-paragraph (1), it shall give notice of that fact—

(a) in the case of a member appointed under paragraph 2 ..., to the body which appointed him, and

(b) in the case of a member appointed under paragraph 5 or 8 , to the Secretary of State.

20

A council or joint committee may remove from office a member of a police authority appointed by it under paragraph 2 with a view to appointing another in his place if it considers that to do so would further the object provided for by paragraph 4.

21

If a chairman or vice-chairman of a police authority ceases to be a member, he shall also cease to be chairman or vice-chairman.

Eligibility for re-appointment

22

A person who ceases to be a member, otherwise than by virtue of paragraph 19, or ceases to be chairman or vice-chairman, may (if otherwise eligible) be re-appointed.

Validity of acts

23

The acts and proceedings of any person appointed to be a member or chairman or vice-chairman of a police authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

24

The proceedings of a police authority shall not be invalidated by a vacancy in the membership of the authority or in the office of chairman by a vacancy for a vice-chairman or by any defect in the appointment of a person as a member or as chairman or vice-chairman.

Allowances

25

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

Interpretation

26

(1) For the purposes of this Schedule, a council is a “relevant council” in relation to a police authority if—

(a) it is the council for a county, district, or county boroughwhich constitutes, or is wholly within, the authority’s police area, and

(b) in the case of a district council, the district is not in a county having a county council within paragraph (a).

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

27

In this Schedule, “lay justice” has the meaning given by section 9 of the Courts Act 2003.

SCHEDULE 3

Selection panels

1

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

2

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

3

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

4

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

5

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

6

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

7

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

Functions of selection panel

8

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

9

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

10

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

11

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

Secretary of State’s short-list

12

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

13

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

14

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

SCHEDULE 4

I, of do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

SCHEDULE 5

Constitution of Authority

1

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

Status of Authority

2

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

Members

3

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

4

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

5

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

Staff

6

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

7

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

8

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

Power of Authority to set up regional offices

9

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

Proceedings

10

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11

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Finance

12

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13

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SCHEDULE 6

Police appeals tribunals

1

(1) In the case of an appeal by a senior officer or a former senior officer, the police appeals tribunal shall consist of three members appointed by the relevant person, of whom—

(a) one shall be a person chosen from a list of persons who satisfy the judicial-appointment eligibility condition on a 5-year basis and have been nominated by the Lord Chancellor for the purposes of this Schedule,

(b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

2

(1) In the case of an appeal by a person to whom sub-paragraph (3) applies, the police appeals tribunal shall consist of three members appointed by the relevant person, of whom—

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer, and

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

(e) one shall be a lay person.

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

(3) The persons to whom this sub-paragraph applies are—

(a) a member of a police force (other than a senior officer),

(b) a former member of a police force (other than a former senior officer),

(d) a former special constable.

Notice of appeal

3

An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85.

Respondent

4

On any appeal the respondent shall be such person as may be prescribed by rules made under section 85.

Casting vote

5

Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing

6

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

Effect of orders

7

(1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—

(a) by way of substitution for the decision appealed against, and

(b) as from the date of that decision.

(2) Where the effect of the order made by the police appeals tribunal 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 his rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Remuneration and expenses

8

Members of a police appeals tribunal shall be—

(a) paid such remuneration, and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Costs

9

(1) An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the relevant local policing body.

(2) Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the relevant local policing body .

Interpretation

10

In this Schedule—

(a) “senior officer” means a member of a police force holding a rank above that of chief superintendent,

(aa) lay person” means a person who is not, and has never been—

(i) a member of a police force or a special constable,

(ii) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act),

(iii) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London,

(iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,

(iv) a police and crime commissioner,

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