Police Act 1996

• (v) a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act),

• (vi) a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act),

• (vii) a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

• (viii) a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003,

• (ix) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

• (x) a member of the Ministry of Defence Police,

• (xi) a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police,

• (xii) a member of the Civil Nuclear Constabulary, or

• (xiii) an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004,

• (b) “relevant local policing body” , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains—

• (i) the police force of which the appellant is a member, or

• (ii) the police force for the area for which the appellant is appointed as a special constable,

as the case may be.

• (ba) the relevant local policing body”, in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains—

• (i) the police force of which the appellant was last a member, or

• (ii) the police force for the area for which the appellant was last appointed as a special constable,

as the case may be.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Part I — References to police authorities established under section 3 of Police Act 1964

1

• (1) In the provisions referred to in sub-paragraph (2), for “section 3 of the Police Act 1964", in each place where it occurs, there shall be substituted “ section 3 of the Police Act 1996 ”.

• (2) The provisions referred to in sub-paragraph (1) are—

• (a) section 11(4)(a) of, and paragraph 9(d) of Part II of Schedule 1 to, the Trustee Investments Act 1961;

• (b) sections 2(6) and 8(1) of the Local Government (Records) Act 1962;

• (c) section 11(2) of the Local Government Act 1966;

• (d) section 28(5)(a) of the Leasehold Reform Act 1967;

• (e) section 1(3) of the Local Government Grants (Social Need) Act 1969;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the definition of “public body" in section 1(4) of the Local Authorities (Goods and Services) Act 1970;

• (h) sections 98(1A), 99, 100J(1)(e) and (4)(a), 146A(1) and (1A), 223(2), 228(7A), 229(8), 231(4), 232(1A), 233(11) and 234(4) of, and paragraphs 6A(1), 6B(b) and 46 of Schedule 12 to, the Local Government Act 1972;

• (i) section 13(7)(f) of the Employment Agencies Act 1973;

• (j) section 25(1)(ca) of the Local Government Act 1974;

• (k) paragraph (a) of the definition of “local authority" in section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976;

• (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (m) section 5(3)(baa) of the Rent (Agriculture) Act 1976;

• (n) section 14(caa) of the Rent Act 1977;

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) paragraphs (a)(i) and (aa) of the definition of “local authority" in section 20(1) of the Local Government, Planning and Land Act 1980 and section 99(4)(dc) of, and paragraph 5C of Schedule 16 to, that Act;

• (q) paragraphs (a) and (b) of the definition of “local authority" in section 17(4) of the Acquisition of Land Act 1981;

• (r) section 33(9)(a) of, and paragraph (ca) of the definition of “local authority" in section 41(13) of, the Local Government (Miscellaneous Provisions) Act 1982;

• (s) . . .

• (t) paragraph 7(1)(ba) of Schedule 1 to the Stock Transfer Act 1982;

• (u) the definition of “local authority" in section 60(3) of the County Courts Act 1984;

• (v) section 4(e) of the Housing Act 1985;

• (w) the definition of “local authority" in section 106(1) of the Housing Associations Act 1985;

• (x) the definition of “local authority" in section 38 of the Landlord and Tenant Act 1985;

• (y) sections 6(2)(a) and 9(1)(a) of the Local Government Act 1986;

• (z) section 58(1)(a) of the Landlord and Tenant Act 1987;

• (za) section 1(1)(e) of, and Schedule 2 to, the Local Government Act 1988;

• (zb) sections 111(2)(e) and 112(2)(a) of the Local Government Finance Act 1988;

• (zc) paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988;

• (zd) sections 5(1), 21(1)(g), ... 67(3)(i), 101(3)(ea), 155(4)(ea) and 157(6)(g) of the Local Government and Housing Act 1989;

• (ze) the definition of “local authority" in section 252(12) of the Town and Country Planning Act 1990;

• (zf) sections 19(3)(c), 39(1)(b) . . .of the Local Government Finance Act 1992.

Part II — Other consequential amendments

Pedlars Act 1871 (c. 96)

2

In section 5 of the Pedlars Act 1871, in paragraph 1 for “of the police district” there shall be substituted “ for the police area ”.

3

In section 8 of that Act—

• (a) for “police district” there shall be substituted “ police area ”, and

• (b) for “such district” there shall be substituted “ the area ”.

4

In section 9 of that Act for “police district”, in both places where it occurs, there shall be substituted “ police area ”.

5

In section 21 of that Act for “district” there shall be substituted “ police area ”.

6

In Schedule 2 to that Act for “police district” in each place where it occurs in Form A and Form B there shall be substituted “ police area ”.

Parks Regulation Act 1872 (c. 15)

7

In section 7 of the Parks Regulation Act 1872 for “police district” there shall be substituted “ police area ”.

8

In section 8 of that Act for “of the district” there shall be substituted “ for the police area ”.

Riot (Damages) Act 1886 (c. 38)

9

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

10

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

11

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

Local Government Act 1958 (c. 55)

12

In section 60(2) of the Local Government Act 1958 after “Part I of the Police Act 1964” there shall be inserted “ or section 32 of the Police Act 1996 ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

13

• (1) Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.

• (2) In subsection (1)—

• (a) for “section 35 of the Police Act 1964” there shall be substituted “ section 52 of the Police Act 1996 ”, and

• (b) in paragraph (a) for “section 17 of that Act” there shall be substituted “ section 28 of that Act ”.

• (3) In subsection (3) for “sections 35 and 17 of the Police Act 1964” there shall be substituted “ sections 52 and 28 of the Police Act 1996 ”.

Police (Scotland) Act 1967 (c. 77)

14

• (1) Section 26 of the Police (Scotland) Act 1967 shall be amended as follows.

• (2) In subsection (2)(i) for “section 47 of the Police Act 1964” there shall be substituted “ section 64 of the Police Act 1996 ”.

• (3) In subsection (9) for the words from “other than” to “1980” there shall be substituted “ other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 ”.

15

In section 39(4) of that Act, for “or section 141 of the Criminal Justice and Public Order Act 1994” there shall be substituted “ or section 98 of the Police Act 1996 ”.

Firearms Act 1968 (c. 27)

16

In Schedule 1 to the Firearms Act 1968, in paragraph 5 for “section 51(1) of the Police Act 1964” there shall be substituted “ section 89(1) of the Police Act 1996 ”.

Police Act (Northern Ireland) 1970 (c. 9 (N.I.))

17

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

Pensions (Increase) Act 1971 (c. 56)

18

• (1) Schedule 2 to the Pensions (Increase) Act 1971 shall be amended as follows.

• (2) In paragraph 15—

• (a) in sub-paragraph (b) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”,

• (b) in sub-paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

• (c) in sub-paragraph (c) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

• (d) for sub-paragraph (d) there shall be substituted—

(d) was engaged— (i) on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or (ii) on central service pursuant to section 38 of the Police (Scotland) Act 1967.

• (3) In paragraph 43, for sub-paragraph (b) there shall be substituted—

(b) section 51 or 52 of the Police Act 1996;

.

• (4) In paragraph 51(a) for “section 10 of the Police Act 1964” there shall be substituted “ section 15 of the Police Act 1996 ”.

Superannuation Act 1972 (c. 11)

19

In section 15(5)(b) of the Superannuation Act 1972 for “section 34 or 35 of the Police Act 1964” there shall be substituted “ section 51 or 52 of the Police Act 1996 ”.

20

Schedule 1 to that Act shall continue to have effect with the following entry (originally inserted by paragraph 7(1) of Schedule 4 to the Police and Criminal Evidence Act 1984) in the list of “Other Bodies”— “ Police Complaints Authority ”.

Local Government Act 1972 (c. 70)

21

In section 94(5)(b) of the Local Government Act 1972 for “or paragraph 26 of Schedule 1B to the Police Act 1964" there shall be substituted “ or paragraph 25 of Schedule 2 to the Police Act 1996 ”.

Overseas Pensions Act 1973 (c. 21)

22

In section 2(2)(d)(i) of the Overseas Pensions Act 1973 for the words from “section 53C(1)(a), (c) or (e)” to “1980)” there shall be substituted “ section 97(1)(a), (e) or (g) of the Police Act 1996 (service under section 26 of the Police Act 1996, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980) ”.

Juries Act 1974 (c. 23)

23

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

House of Commons Disqualification Act 1975 (c. 24)

24

In section 1(3) of the House of Commons Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

25

In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

26

In Schedule 3 to the Salmon and Freshwater Fisheries Act 1975, in Part III, in paragraph 39(1)(c) for “section 15 of the Police Act 1964” there shall be substituted “ section 25 of the Police Act 1996 ”.

Sex Discrimination Act 1975 (c. 65)

27

• (1) Section 17 of the Sex Discrimination Act 1975 shall be amended as follows.

• (2) In subsection (2) for “section 33, 34 or 35 of the Police Act 1964” there shall be substituted “ section 50, 51 or 52 of the Police Act 1996 ”.

• (3) In subsection (7) for “the Police Act 1964”, in each place where it occurs, there shall be substituted “ the Police Act 1996 ”.

• (4) In subsection (8)—

• (a) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”, and

• (b) for “sections 33, 34 and 35” there shall be substituted “ sections 50, 51 and 52 ”.

Police Pensions Act 1976 (c. 35)

28

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

29

• (1) Section 7(2) of that Act shall be amended as follows.

• (2) In paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”.

• (3) In paragraph (bb) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”.

30

• (1) Section 11 of that Act (interpretation) shall be amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (aa) for “section 15A(2) of the Police Act 1964” there shall be substituted “ section 26(2) of the Police Act 1996 ”,

• (b) in paragraph (ab) for “section 53C of the Police Act 1964” there shall be substituted “ section 97 of the Police Act 1996 ”, and

• (c) for paragraph (c) there shall be substituted—

(c) central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) section 38A of the Police (Scotland) Act 1967 have effect.

.

• (3) In subsection (2) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

• (4) In subsection (3) for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

• (5) In subsection (5) for the definition of “central service” there shall be substituted—

“central service”— (a) means relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or (b) has the meaning given in section 38(5) of the Police (Scotland) Act 1967, (as the case may require).

Race Relations Act 1976 (c. 80)

31

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

Interpretation Act 1978 (c. 30)

32

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “police area” etc., for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Finance Act 1981 (c. 35)

33

In section 107(3)(k) of the Finance Act 1981 for “section 62 of the Police Act 1964” there shall be substituted “ section 101(1) of the Police Act 1996 ”.

Police and Criminal Evidence Act 1984 (c. 60)

34

In section 5(1) of the Police and Criminal Evidence Act 1984 for paragraph (a) there shall be substituted—

(a) under section 22 of the Police Act 1996; or

.

35

In section 50(2) of that Act for paragraph (a) there shall be substituted—

(a) under section 22 of the Police Act 1996; or

.

36

In section 55(14) of that Act for paragraph (a) there shall be substituted—

(a) under section 22 of the Police Act 1996; or

.

37

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

38

In section 77(3) of that Act, in the definition of “police purposes”, for “section 64 of the Police Act 1964“ there shall be substituted “ section 101(2) of the Police Act 1996” ”.

Prosecution of Offences Act 1985 (c. 23)

39

In section 3(3) of the Prosecution of Offences Act 1985, in the definition of “police force”, for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Housing Act 1985 (c. 68)

40

In Schedule 1 to the Housing Act 1985, in paragraph 2(2), for “section 33 of the Police Act 1964” there shall be substituted “ section 50 of the Police Act 1996 ”.

Ministry of Defence Police Act 1987 (c. 4)

41

In section 1(2)(a) of the Ministry of Defence Police Act 1987 for “the Police Act 1964” there shall be substituted “ the Police Act 1996 ”.

Football Spectators Act 1989 (c. 37)

42

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

Aviation and Maritime Security Act 1990 (c. 31)

43

In section 22(4)(b)(i) of the Aviation and Maritime Security Act 1990 for “section 96(1) of the Police and Criminal Evidence Act 1984” there shall be substituted “ section 78(1) of the Police Act 1996 ”.

Local Government Act 1992 (c. 19)

44

In section 17(6) of the Local Government Act 1992 for “at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994” there shall be substituted “ on 1st April 1995 ”.

Tribunals and Inquiries Act 1992 (c. 53)

45

In section 7 of the Tribunals and Inquiries Act 1992, in subsection (2), after “36(a),” there shall be inserted “ 36A, ”.

46

In Schedule 1 to that Act, in Part I, after paragraph 36 there shall be inserted—

Police	36A. An appeals tribunal constituted in accordance with Schedule 6 to the Police Act 1996 (c.00).

Criminal Appeal Act 1995 (c. 35)

47

In section 22(2)(c) of the Criminal Appeal Act 1995 for “section 2 of the Police Act 1964” there shall be substituted “ section 2 of the Police Act 1996 ”.

SCHEDULE 8

Part I — General Provisions

Continuity of the law

1

• (1) The repeal (or revocation) and re-enactment of provisions in this Act does not affect the continuity of the law.

• (2) Any subordinate legislation made or other thing done, or having effect as if done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

• (3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

• (a) to any provision of this Act, or

• (b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—

• (i) to that corresponding provision, or

• (ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

• (4) Any reference (express or implied) in any enactment or in any instrument or document—

• (a) to any provision repealed and re-enacted by this Act, or

• (b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

• (i) to that corresponding provision, or

• (ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

• (5) Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

• (6) Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

• (7) This paragraph is to be read subject to the provisions of any order made under section 104 or under paragraph 11 below.

General saving for old transitional provisions and savings

2

The repeal by this Act of any provision of Part II of Schedule 4 to the Police and Criminal Evidence Act 1984, or any other transitional provision or saving relating to the coming into force of a provision reproduced in this Act, does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

3

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Use of existing forms, etc.

4

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.

Part II — Provisions relating to particular enactments

Pedlars Act 1871

5

Any reference to a police district contained in—

• (a) an application for a pedlar’s certificate under the Pedlars Act 1871 made before the commencement of paragraphs 2 to 6 of Schedule 7 to this Act, or

• (b) a pedlar’s certificate granted under that Act before that commencement,

shall on and after that commencement be read as if it were a reference to the equivalent police area.

Savings relating to the Police Act 1964

6

Notwithstanding the repeal by this Act of subsection (4) of section 58 of the Police Act 1964 (provision made by regulations for chief constables affected by amalgamations or reorganisations not to be less favourable than that under the Police Pensions Act 1976), that subsection shall continue to have effect in relation to any person who was the chief constable of a police force on 1st July 1964 and became a member of another police force by virtue of that section.

7

Notwithstanding the repeal by this Act of subsection (4) of section 64 of that Act (power to make consequential amendments to local Acts by order), any local enactment which immediately before the coming into force of that repeal had effect with modifications by virtue of an order made under that subsection shall continue to have effect with those modifications.

Saving for transitional provisions under the Police and Magistrates’ Courts Act 1994

8

Without prejudice to the generality of paragraph 1(4) above, any transitional provision which—

• (a) is contained in an order made under section 94(1) of the Police and Magistrates’ Courts Act 1994, and

• (b) relates to the coming into force of a provision of that Act reproduced in this Act,

shall, in so far as it remains capable of having effect, continue to operate in relation to the corresponding provision of this Act.

Police areas

9

For the period beginning with the commencement of Schedule 1 to this Act and ending on 31st March 1997, that Schedule shall have effect as if—

• (a) for the entry in the second column opposite the name of the Bedfordshire police area there were substituted—

	The county of Bedfordshire

,

• (b) for the entry in that column opposite the name of the Derbyshire police area there were substituted—

	The county of Derbyshire

,

• (c) for the entry in that column opposite the name of the Dorset police area there were substituted—

	The county of Dorset

,

• (d) for the entry in that column opposite the name of the Durham police area there were substituted—

	The county of Durham

,

• (e) for the entry in that column opposite the name of the Hampshire police area there were substituted—

	The counties of Hampshire and Isle of Wight

,

• (f) for the entry in that column opposite the name of the Leicestershire police area there were substituted—

	The county of Leicestershire

,

• (g) for the entry in that column opposite the name of the Staffordshire police area there were substituted—

	The county of Staffordshire

,

• (h) for the entry in that column opposite the name of the Sussex police area there were substituted—

	The counties of East Sussex and West Sussex

,

• (i) for the entry in that column opposite the name of the Thames Valley police area there were substituted—

	The counties of Berkshire, Buckinghamshire and Oxfordshire

,

• (j) for the entry in that column opposite the name of the Wiltshire police area there were substituted—

	The county of Wiltshire

.

10

Notwithstanding the repeal by this Act of sections 21A and 21C of the Police Act 1964 (power to amend Welsh police areas in relation to the Welsh local government reorganisation), any order made under section 21A of that Act shall continue to have effect.

Part III — Provisions relating to complaints and discipline

Modification of enactments pending commencement of new discipline procedures

11

• (1) Until such day as the Secretary of State may by order appoint, the provisions of this Act mentioned in sub-paragraphs (2) and (3) shall have effect subject to the modifications set out in those sub-paragraphs.

• (2) Section 59 shall have effect as if—

• (a) in subsection (2) for “proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the Police (Scotland) Act 1967” there were substituted “ disciplinary proceedings ”, and

• (b) in subsection (3) for “a police appeals tribunal” there were substituted “ the Secretary of State ”.

• (3) Section 91(1) shall have effect as if after “services” there were inserted “ or to commit breaches of discipline ”.

• (4) Subsections (3) to (5) of section 104 shall have effect in relation to an order under this paragraph as they have effect in relation to an order under that section.

Modification of section 81

12

Until such day as the Lord Chancellor may appoint under section 16(2) of the Civil Evidence Act 1995 (commencement orders) for the commencement of paragraph 9(3) of Schedule 1 to that Act, section 81 of this Act shall have effect as if for subsection (3) there were substituted—

(3) In this section “document” has the same meaning as in Part I of the Civil Evidence Act 1968.

Saving for complaints procedures established for other bodies of constables

13

The coming into force of any provision of Part IV of this Act which re-enacts a provision of Part IX of the Police and Criminal Evidence Act 1984 (police complaints), as amended by the Police and Magistrates’ Courts Act 1994, shall not affect any procedures established by virtue of section 96 of the 1984 Act (constabularies maintained by authorities other than police authorities) before that provision comes into force.

SCHEDULE 9

Part I — Repeals: general

Part II — Repeals consequential on new discipline and complaints procedures

Part III — Revocations

Maintenance of police forces.

General functions of chief constables.

...

5A

• (1) A police force shall be maintained for the metropolitan police district.

• (2) For further provision about the maintenance of the metropolitan police force, see Chapter 2 of Part 1 of the Police Reform and Social Responsibility Act 2011.

5B

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

5C

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

The metropolitan police and forces outside London

6A

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

9A

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

9B

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

9C

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

9D

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

9E

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

9F

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

9FA

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

9G

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

9H

• (1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.

• (2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—

• (a) Commissioner of Police of the Metropolis,

• (b) Deputy Commissioner of Police of the Metropolis,

• (c) Assistant Commissioner of Police of the Metropolis, and

• (ca) Deputy Assistant Commissioner of Police of the Metropolis, and

• (d) Commander,

those of chief superintendent, superintendent, chief inspector, inspector, sergeant and constable.

• (3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.

11A

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

12A

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

20A

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

36A

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

39A

• (1) The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge of their functions by chief officers of police if the College considers that—

• (a) it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,

• (b) it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations, or

• (c) it is for any other reason in the national interest to do so.

• (2) The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of a code of practice issued under this section.

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

• (4) The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this section.

• (5) The Secretary of State shall lay any code of practice issued by the College of Policing under this section, and any revision of any such code, before Parliament.

• (6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—

• (a) would be against the interests of national security;

• (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or

• (c) could jeopardise the safety of any person.

• (7) In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.

41A

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

Supply of goods and services.

41B

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

42A

• (1) The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section ... 42.

• (2) Before making any regulations under this section, the Secretary of State shall consult with—

• (a) the Mayor's Office for Policing and Crime;

• (b) the National Police Chiefs' Council; and

• (c) such other persons as he thinks fit.

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

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

53A

• (1) The Secretary of State may by regulations make provision requiring one or more police forces—

• (a) to adopt particular procedures or practices; or

• (b) to adopt procedures or practices of a particular description.

• (1A) If the College of Policing, having consulted the National Crime Agency, submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

• (a) doing so would impair the efficiency or effectiveness of the police, or

• (b) it would be unlawful to do so, or

• (c) it would for some other reason be wrong to do so.

• (1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.

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

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

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

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

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

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

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

• (9) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

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

Questions on police matters at council meetings.

96A

• (1) The Secretary of State and the Mayor's Office for Policing and Crime may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

• (1A) The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions.

• (1B) The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions.

• (2) If the Secretary of State is of the opinion that a police force is not performing any or all of its national or international functions—

• (a) to the standard specified in any agreement in force under subsection (1), or

• (b) if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the local policing body to take such measures as may be specified in the direction.

• (3) A local policing body shall comply with any directions given under subsection (2).

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

96B

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

Collaboration agreements: guidance

England (except London)

Wales

9A

• (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.

• (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.

• (3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy.

• (4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

25A

• (1) Subject to the following provisions of this paragraph, a police authority may make to its chairman, vice-chairmen and other members such payments by way of reimbursement of expenses and allowances as the authority may determine.

• (2) Subject to sub-paragraph (6), no payment shall be made under this paragraph except in accordance with arrangements published by the authority not more than twelve months before the making of the payment.

• (3) A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority.

• (4) It shall be the duty of a police authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the reimbursement of expenses or about the payment of allowances.

• (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or other member or is appointed under paragraph 2, 5 or 8.

• (6) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

• (7) A statutory instrument containing regulations under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

25B

Paragraphs 25 and 25A shall have effect in relation to a police authority as if references to members of the authority included references to persons who are not members of the authority but are members of the authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the authority but are members of the authority’s standards committee.

SCHEDULE 2A

Membership

1

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

Appointment of members by the Mayor

2

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

Appointment of independent members

3

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

4

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

Appointment of magistrates

5

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

Chairman

6

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

6A

• (1) At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members.

• (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.

• (3) Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy.

• (4) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

Disqualification

7

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

8

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

9

• (1) Without prejudice to paragraph 7, a person shall be disqualified for being appointed as a member of the Metropolitan Police Authority under paragraph 3, and for being a member so appointed, if he is—

• (a) a member of a London borough council;

• (b) the Mayor of London;

• (c) a member of the London Assembly;

• (d) a lay justice assigned to a local justice area which is wholly or partly within the metropolitan police district;

• (e) a member of the selection panel for the metropolitan police district established under Schedule 3;

• (f) a member of a police force;

• (g) an officer or employee of a police authority; or

• (h) an officer or employee of the Greater London Authority or of a London borough council.

• (2) A person shall not be regarded for the purposes of sub-paragraph (1)(h) as an employee of a London borough 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

10

Subject to the following paragraphs (and to the provision of any order under section 5C(2)) a person shall hold and vacate office as a member of the Metropolitan Police Authority in accordance with the terms of his appointment.

11

• (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 person or 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 3(3) for a term shorter than four years without the approval of the Secretary of State.

12

• (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 Metropolitan Police Authority.

• (2) Where a member appointed under paragraph 3 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.

13

• (1) A member of the London Assembly appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of the Metropolitan Police Authority if he ceases to be a member of the London Assembly (and does not immediately again become a member of the London Assembly).

• (2) The Deputy Mayor appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of that Authority if he ceases to be Deputy Mayor.

• (3) A lay justice appointed to be a member of the Metropolitan Police Authority under paragraph 5 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 metropolitan police district.

14

• (1) The Metropolitan Police Authority may remove a member from office by notice in writing if—

• (a) he has been absent from meetings of the Metropolitan Police Authority for a period longer than three consecutive months without the consent of the Metropolitan Police Authority,

• (b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 7),

• (c) the Metropolitan Police Authority is satisfied that the member is incapacitated by physical or mental illness, or

• (d) the Metropolitan Police Authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

• (2) Where the Metropolitan 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 or person which appointed him, and

• (b) in the case of a member appointed under paragraph 3 or 5 , to the Secretary of State.

15

The Mayor of London may remove from office a member of the Metropolitan Police Authority appointed by him under paragraph 2 with a view to appointing another in his place if he considers that to do so would further the object provided for by paragraph 2(3).

16

If the chairman or vice-chairman of the Metropolitan Police Authority ceases to be a member, he shall also cease to be chairman.

Eligibility for re-appointment

17

A person who ceases to be a member, otherwise than by virtue of paragraph 14, or ceases to be chairman or vice-chairman may (if otherwise eligible) be re-appointed.

Validity of acts

18

The acts and proceedings of any person appointed to be a member or chairman or vice-chairman of the Metropolitan 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.

19

The proceedings of the Metropolitan Police Authority shall not be invalidated by a vacancy in the membership of the Metropolitan Police 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

20

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

20A

• (1) Subject to the following provisions of this paragraph, the Metropolitan Police Authority may make to its chairman, vice-chairmen and other members such payments by way of reimbursement of expenses and allowances as that Authority may determine.

• (2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Metropolitan Police Authority not more than twelve months before the making of the payment.

• (3) The Metropolitan Police Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority.

• (4) It shall be the duty of the Metropolitan Police Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the reimbursement of expenses or about the payment of allowances.

• (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or one of the other members of the Metropolitan Police Authority, or is appointed under paragraph 3 or 5.

• (6) No payment by way of an allowance shall be made under this paragraph to any member of the Metropolitan Police Authority who is also a member of the London Assembly.

• (7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

• (8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

20B

Paragraphs 20 and 20A shall have effect in relation to the Metropolitan Police Authority as if references to the members of that Authority included references to persons who are not members of that Authority but are members of the Authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of that Authority but are members of the Authority’s standards committee.

Mayor’s functions to be exercised by him personally

21

Any functions exercisable by the Mayor of London under this Schedule may only be exercised by him personally.

Interpretation

22

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

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

Police Pensions Act 1976 (c.35)

Race Relations Act 1976 (c. 74)

Criminal Appeal Act 1995 (c.35)

SCHEDULE

Notes:

1

This Table shows the derivation of the provisions of the Act.

2

The following abbreviations are used in the Table:—

Editorial notes