(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.
(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
(c) members of the British Transport Police Force,
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.
(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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 Financing of new police and crime commissioners .
(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.
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.
(1) The College of Policing may charge fees for providing services of a public nature only if—
(a) the services are of a specified description and are provided with a view to promoting the efficiency, effectiveness or professionalism of the police, and
(b) the fees are of a specified amount or are determined in a specified manner.
(2) In this section “specified” means specified in an order made by the Secretary of State.
(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
96 Arrangements for obtaining the views of the community on policing.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96A National and international functions of the metropolitan police force and other police forces.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97 Police officers engaged on service outside their force.
(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;
(c) temporary service under the Crown in connection with the provision by the Secretary of State of—
(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.
(1) The Secretary of State may by order amend the definition of “relevant service” in section 97(1).
(2) An order under this section may make transitional, consequential, incidental and supplemental provision or savings.
(3) The provision that may be made under subsection (2) includes provision amending any enactment.
(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
98 Cross-border aid of one police force by another.
(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.
(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.
100 Chief constables affected by police area alterations or local government reorganisations.
(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.
100A Appointment of senior police officers as staff of College of Policing
(1) This section applies where a person who—
(a) holds the office of constable with a rank above that of chief superintendent, or
(b) hold that office and is eligible to be appointed to a rank above that of chief superintendent,
is appointed as a member of the staff of the College of Policing.
(2) The person continues to hold the office of constable while a member of the staff of the College.
(3) On appointment—
(a) a person within subsection (1)(a) holds that office with the same rank that the person held immediately before appointment, or with whatever higher rank the College decides;
(b) a person within subsection (1)(b) holds that office with whatever rank, above that of chief superintendent, the College decides.
100B Disclosure of information to College of Policing
A person who, apart from this section, would not have power to disclose information to the College of Policing has power to do so where the disclosure is made for the purposes of the exercise by the College of any of its functions.
(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, and
in 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, or
the 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
(c) civilians employed for the purposes of that force or of any such special constables or cadets.
(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.
103 Consequential amendments, transitional provisions, repeals, etc.
(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.
(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.
(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.
Section 1.
England (except London)
Name of police area | Extent
Avon and Somerset | The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire
Bedfordshire | The non-metropolitan districts of Bedford, Central Bedfordshire and Luton
Cambridgeshire | The county of Cambridgeshire and the non-metropolitan district of Peterborough
Cheshire | The non-metropolitan districts of Cheshire East, Cheshire West and Chester, Halton and Warrington
Cleveland | The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees
Cumbria | The county of Cumbria
Derbyshire | The county of Derbyshire and the non-metropolitan district of Derby
Devon and Cornwall | The counties of Devon and Cornwall , the non-metropolitan districts of Plymouth and Torbayand the Isles of Scilly
Dorset | The county of Dorset and the non-metropolitan districts of Bournemouth and Poole
Durham | The county of Durham and the non-metropolitan district of Darlington
Essex | The county of Essex and the non-metropolitan districts of Southend-on-Sea and Thurrock
Gloucestershire | The county of Gloucestershire
Greater Manchester | The metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan
Hampshire and Isle of Wight | The counties of Hampshire and Isle of Wight and the non-metropolitan districts of Portsmouth and Southampton
Hertfordshire | The county of Hertfordshire
Humberside | The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire
Kent | The county of Kent and the non-metropolitan district of Medway Towns
Lancashire | The county of Lancashire and the non-metropolitan districts of Blackburn with Darwen and Blackpool
Leicestershire | The county of Leicestershire and the non-metropolitan districts of Leicester and Rutland
Lincolnshire | The county of Lincolnshire
Merseyside | The metropolitan districts of Knowsley, Liverpool, St. Helens, Sefton and Wirral
Norfolk | The county of Norfolk
Northamptonshire | The county of Northamptonshire
Northumbria | The county of Northumberland and the metropolitan districts of Gateshead, Newcastle upon Tyne, North Tyneside, South Tyneside and Sunderland
North Yorkshire | The county of North Yorkshire and the non-metropolitan district of York
Nottinghamshire | The county of Nottinghamshire and the non-metropolitan district of Nottingham
South Yorkshire | The metropolitan districts of Barnsley, Doncaster, Rotherham and Sheffield
Staffordshire | The county of Staffordshire and the non-metropolitan district of Stoke-on-Trent
Suffolk | The county of Suffolk
Surrey | The county of Surrey
Sussex | The counties of East Sussex and West Sussex and the non-metropolitan district of Brighton and Hove
Thames Valley | The counties of Berkshire, Buckinghamshire and Oxfordshire and the non-metropolitan district of Milton Keynes
Warwickshire | The county of Warwickshire
West Mercia | The counties of . . . Shropshire and Worcestershire and the non-metropolitan districts of Herefordshire and The Wrekin
West Midlands | The metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton
West Yorkshire | The metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield
Wiltshire | The county of Wiltshire and the non-metropolitan district of Thamesdown
Wales
Name of police area | Extent
Dyfed Powys | The counties of Ceredigion, Carmarthenshire, Pembrokeshire and Powys
Gwent | The county of Monmouthshire and the county boroughs of Blaenau Gwent, Caerphilly, Newport and Torfaen
North Wales | The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.
South Wales | The counties of Cardiff and Swansea and the county boroughs of Bridgend, Merthyr Tydfil, Neath Port Talbot, Rhondda, Cynon, Taff and the Vale of Glamorgan
’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.’
SCHEDULE 4A Further provision about Her Majesty's Inspectors of Constabulary
Section 54
Delegation of functions
1 (1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority.
(2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector.
(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.
Inspection programmes and inspection frameworks
2 (1) The chief inspector of constabulary shall from time to time ... prepare—
(a) a document setting out what inspections the inspectors of constabulary propose to carry out (an “inspection programme”);
(b) a document setting out the manner in which they propose to carry out their functions of inspecting and reporting (an “inspection framework”).
(2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))—
(a) Her Majesty's Chief Inspector of Prisons,
(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,
(c) Her Majesty’s Chief Inspector of Probation for England and Wales,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Care Quality Commission,
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the Auditor General for Wales, ...
(ia) the Commissioner for Victims and Witnesses, and
(j) any other person or body specified by an order made by the Secretary of State,
and he shall send to the Secretary of State a copy of each programme or framework once it is prepared.
(2A) The chief inspector of constabulary must—
(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,
(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and
(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).
(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).
(3) The requirement in sub-paragraph (2) to consult, and under sub-paragraph (2A)(c) to send copies to, a person or body listed in paragraphs (a) to (j) of sub-paragraph (2) is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.
(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—
(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and
(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.
(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.
(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.
(6) The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)).
(7) Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult —
(a) the Secretary of State, and
(b) the local policing body for the police force to which the inspection relates.
Inspections by other inspectors of organisations within remit of inspectors of constabulary
3 (1) If—
(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and
(b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,
the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.
(2) The persons or bodies within this sub-paragraph are—
(a) Her Majesty's Chief Inspector of Prisons;
(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;
(c) Her Majesty’s Inspectorate of Probation for England and Wales ;
(d) the Care Quality Commission;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may by order amend sub-paragraph (2).
(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.
(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.
(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.
In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.
(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.
This is subject to sub-paragraph (9).
(9) The Secretary of State, if satisfied that the proposed inspection—
(a) would not impose an unreasonable burden on the organisation in question, or
(b) would not do so if carried out in a particular manner,
may give consent to the inspection being carried out, or being carried out in that manner.
(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
(a) provision about the form of notices;
(b) provision prescribing the period within which notices are to be given;
(c) provision prescribing circumstances in which notices are, or are not, to be made public;
(d) provision for revising or withdrawing notices;
(e) provision for setting aside notices not validly given.
Co-operation
4 The inspectors of constabulary shall co-operate with—
(a) Her Majesty's Chief Inspector of Prisons,
(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,
(c) Her Majesty’s Inspectorate of Probation for England and Wales,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Care Quality Commission,
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the Auditor General for Wales, and
(j) any other public authority specified by an order made by the Secretary of State,
where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.
Joint action
5 (1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions.
(2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—
(a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and
(b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.
(3) The chief inspectors within this sub-paragraph are—
(a) Her Majesty's Chief Inspector of Prisons;
(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;
(c) Her Majesty’s Chief Inspector of Probation for England and Wales;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.
(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.
(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
Assistance for other public authorities
6 (1) The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.
(1A) The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).
(2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.
Powers of inspectors to obtain information etc
6A (1) An inspector may serve on a person a notice requiring the person—
(a) to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54;
(b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes.
This is subject to sub-paragraphs (6) to (9).
(2) A notice under this paragraph must—
(a) specify or describe the information, documents, evidence or other things that are required by the inspector;
(b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up;
(c) where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal.
(3) In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought.
(4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.
(5) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.
(6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from—
(a) the Security Service,
(b) the Secret Intelligence Service,
(c) the Government Communications Headquarters,
(d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities,
(e) the Crown Prosecution Service,
(f) the Service Prosecuting Authority, or
(g) the Serious Fraud Office.
(7) A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if—
(a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or
(b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.
(8) A notice under this paragraph must not require a person—
(a) to provide information that might incriminate the person;
(b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
(c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;
(d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.
(9) A notice under this paragraph must not require a postal or telecommunications operator to provide communications data.
(10) In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).
(11) In this paragraph—
“document” means anything in which information of any description is recorded;
“inspector” means—
an inspector of constabulary,
a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or
a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph.
Powers of inspectors to obtain access to police premises
6B (1) An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to—
(a) premises that are occupied (wholly or partly) for the purposes of—
(i) a police force,
(ii) a local policing body,
(iii) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or
(iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and
(b) documents and other things on those premises.
(2) A notice under this paragraph must—
(a) specify or describe the premises to which the inspector requires access;
(b) specify the time when access is required (which may be immediately after the service of the notice).
(3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.
(4) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.
(5) In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph).
Failure to comply with notice under paragraph 6A or 6B
6C (1) If a person who has received a notice under paragraph 6A or 6B—
(a) fails or refuses without reasonable excuse to do what is required by the notice, or
(b) (in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect,
the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice.
(2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.
Appeals against notices under paragraph 6A
6D (1) A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.
(2) The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is—
(a) a member of a police force;
(b) a special constable;
(c) 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);
(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;
(d) a local policing body or a person employed by a local policing body;
(e) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions;
(f) a person employed by a person providing services as mentioned in paragraph (e);
(g) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force.
(3) If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal.
(4) If the Tribunal considers that the notice is not in accordance with the law—
(a) it must quash the notice, and
(b) it may give directions regarding the service of a further notice under paragraph 6A.
Sensitive information: restriction on further disclosure
6E (1) Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.
(2) The information is—
(a) intelligence service information;
(b) protected information relating to a relevant warrant;
(c) information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—
(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or
(ii) jeopardise the safety of any person.
(3) Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.
(4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another.
(5) In this paragraph—
“government department” means a department of Her Majesty's Government but does not include—
the Security Service,
the Secret Intelligence Service, or
the Government Communications Headquarters (“GCHQ”);
“inspector” means—
an inspector of constabulary,
a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or
a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise);
“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—
the Security Service,
the Secret Intelligence Service,
GCHQ, or
any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;
“Minister of the Crown” includes the Treasury;
“protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;
“relevant authority” means—
in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;
in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;
in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;
in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;
in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;
in the case of information within sub-paragraph (2)(c)—
the Secretary of State, or
the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);
“relevant warrant” means—
a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or
a warrant under Chapter 1 of Part 6 of that Act.
Provision of sensitive information to inspectors
6F (1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must—
(a) make the inspector aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and
(b) provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.
(2) In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.
Orders under this Schedule
7 A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 64A
Interpretation
1 In this Schedule “review body” means the Police Remuneration Review Body.
Members of the review body
2 The Secretary of State shall determine how many members the review body should have and what kinds of experience the members should possess.
3 Members shall hold and vacate office in accordance with the terms of their appointment.
4 Members shall adhere to any statement of principles issued by the Secretary of State as to their conduct as members.
Resignation of members
5 (1) The chair of the review body may resign by giving written notice to the Prime Minister.
(2) Resignation may be either—
(a) as chair, or
(b) as both chair and member.
6 (1) The deputy chair of the review body may resign by giving written notice to the Secretary of State.
(2) Resignation may be either—
(a) as deputy chair, or
(b) as both deputy chair and member.
7 A member other than the chair or deputy chair may resign by giving written notice to the Secretary of State.
Dismissal of members
8 (1) The Prime Minister may by written notice dismiss the chair on the ground that—
(a) the chair has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;
(b) in the opinion of the Prime Minister the chair is unable, unfit or unwilling to perform—
(i) the functions of chair, or
(ii) the functions of a member.
(2) Dismissal may be either—
(a) as chair, or
(b) as both chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).
9 (1) The Secretary of State may by written notice dismiss the deputy chair on the ground that—
(a) the deputy chair has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;
(b) in the opinion of the Secretary of State the deputy chair is unable, unfit or unwilling to perform—
(i) the functions of deputy chair, or
(ii) the functions of a member.
(2) Dismissal may be either—
(a) as deputy chair, or
(b) as both deputy chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).
10 The Secretary of State may by written notice dismiss a member other than the chair or deputy chair on the ground that—
(a) the member has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors, or
(b) in the opinion of the Secretary of State the member is unable, unfit or unwilling to perform the functions of a member.
Procedure
11 (1) Subject to sub-paragraph (2), the review body shall determine its own procedure.
(2) The Secretary of State may give directions to the review body as to its procedure, including in particular directions about—
(a) the persons from whom the review body is to obtain evidence;
(b) the procedure for obtaining evidence.
(3) The validity of proceedings of the review body is not affected by—
(a) a vacancy in its membership (including a vacancy in the position of chair);
(b) a defect in a person's appointment.
Matters to be considered
12 The Secretary of State may give directions to the review body about the matters that it is to consider when making decisions.
Consultation
13 (1) The Secretary of State shall consult with the persons and bodies listed in sub-paragraph (2), and any others that the Secretary of State thinks fit, before—
(a) making or revising a determination under paragraph 2;
(b) issuing or revising a statement of principles under paragraph 4;
(c) giving or revising a direction under paragraph 11(2) or 12.
(2) The persons and bodies are—
(a) the Department of Justice in Northern Ireland;
(b) persons whom the Secretary of State considers to represent the views of chief officers of police and of the Chief Constable of the Police Service of Northern Ireland;
(c) persons whom the Secretary of State considers to represent the interests of members of police forces;
(d) persons whom the Secretary of State considers to represent the interests of members of the Police Service of Northern Ireland;
(e) persons whom the Secretary of State considers to represent the views of the persons and bodies who between them maintain the police forces in England and Wales;
(f) the Northern Ireland Policing Board.
(3) The Minister shall consult with the Department of Justice in Northern Ireland before exercising a power of dismissal under paragraph 8, 9 or 10.
Publication
14 The Secretary of State shall arrange for the publication of—
(a) a statement of any determination made under paragraph 2 (and of any revised determination);
(b) any statement of principles issued under paragraph 4 (and any revised statement);
(c) any direction given under paragraph 11(2) or 12 (and any revised direction).
Money
15 The Secretary of State or the Department of Justice in Northern Ireland—
(a) may defray expenses incurred by the review body;
(b) may pay remuneration and allowances to members;
(c) may make payments to or in respect of a member by way of or in connection with—
(i) a pension;
(ii) an allowance or gratuity on retirement or death;
(d) may pay compensation to a person who ceases to be a member if it seems to the Secretary of State or the Department to be right to do so by reason of special circumstances.
Section 85.
Police appeals tribunals
1 (1) In the case of an appeal relating to 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 relating to 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
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),
(c) a special constable, and
(d) a former special constable.
2A (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State.
(2) Rules under sub-paragraph (1) may make—
(a) different provision for different cases and circumstances;
(b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.
(3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
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.
But this is subject to sub-paragraph (4).
(2) Where the effect of the order made by the police appeals tribunal is to reinstate the person to whom the appeal relates 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 person to whom the appeal relates 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.
(4) In a case where—
(a) on the determination of an appeal the tribunal makes an order the effect of which is to dismiss the person to whom the appeal relates, and
(b) the decision that is the subject of the appeal had not been a decision to dismiss the person,
the order takes effect on the date on which it is made.
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.
Parties’ costs: appeals by officer concerned
9 (1) This paragraph applies in the case of an appeal by and relating to—
(a) a member or former member of a police force, or
(b) a special constable or former special constable.
(2) The appellant’s costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent.
(3) The respondent’s costs are to be paid by the respondent.
Parties’ costs: appeals by chief officer of police or local policing body
9A (1) This paragraph applies in the case of an appeal by—
(a) a chief officer of police (except where the chief officer of police is the person to whom the appeal relates), or
(b) a local policing body.
(2) The appellant’s costs are to be paid by the appellant.
(3) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant.
Parties’ costs: appeals by IOPC
9B (1) This paragraph applies in the case of an appeal by the Director General of the Independent Office for Police Conduct (“the Director General”).
(2) The Director General’s costs are to be paid by the Director General unless—
(a) the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appropriate authority, or
(b) sub-paragraph (3) applies.
(3) The Director General’s costs are to be paid by the appropriate authority where the decision appealed against was made in proceedings—
(a) which the Director General directed the appropriate authority to bring, and
(b) at which the appropriate authority and the Director General agreed that the Director General should present the case.
(4) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General.
(5) In this paragraph “appropriate authority” means—
(a) where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made;
(b) in any other case, the chief officer of police who brought the proceedings in which the decision appealed against was made.
Other costs of appeals
9C (1) The costs and expenses of an appeal under or by virtue of section 85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body.
(2) In sub-paragraph (1), the reference to the costs and expenses of an appeal includes any remuneration or expenses paid by virtue of paragraph 8.
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,
(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 person to whom the appeal relates is a member, or
(ii) the police force for the area for which the person to whom the appeal relates 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 person to whom the appeal relates was last a member, or
(ii) the police force for the area for which the person to whom the appeal relates was last appointed as a special constable,
as the case may be.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 103.
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. 74)
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 ”.
Section 103.
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.
Section 103.
Part I Repeals: general
Chapter | Short title | Extent of repeal
23 Geo. 5 c. 12. | Children and Young Persons Act 1933. | In section 107(1), in the definition of “Chief officer of police” the words “as regards England has the same meaning as in the Police Act 1964,”.
1964 c. 48. | The Police Act 1964. | The whole Act (except sections 37 and 60 to 65, Schedule 5 and the provisions of Schedule 9 other than the entry relating to the Children and Young Persons Act 1933).
1967 c. 77. | The Police (Scotland) Act 1967. | In Schedule 4, the paragraphs under the heading “The Police Act 1964”.
1971 c. 56. | Pensions (Increase) Act 1971. | In Schedule 2, in paragraph 51 the words “other than a local authority”.
1972 c. 39. | The Police Act 1972. | The whole Act.
1972 c. 70. | The Local Government Act 1972. | Section 196.
1976 c. 35. | The Police Pensions Act 1976. | In Schedule 2, paragraph 5.
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 1, paragraph 18. In Schedule 6, the entry headed “Police Act 1964”.
1980 c. 10. | The Police Negotiating Board Act 1980. | The whole Act.
1982 c. 48. | The Criminal Justice Act 1982. | In Schedule 3, the entry headed “the Police Act 1964”.
1984 c. 60. | The Police and Criminal Evidence Act 1984. | In section 64(6B), the definition of “chief officer of police” and the word “and” immediately after it. Sections 106, 109 and 112.
1988 c. 41. | The Local Government Finance Act 1988. | Sections 64(7)(e) and (f) and 144(4).
1989 c. 11. | The Police Officers (Central Service) Act 1989. | Sections 1 and 3. The Schedule.
1994 c. 29. | The Police and Magistrates Courts Act 1994. | Sections 1 to 26, 28, 29, 32, 34 to 38, 45 and 95.
Schedules 1 to 3.
In Schedule 4, paragraph 6.
In Schedule 5, paragraphs 1 to 16, 21, 22, 24(b), 25 to 28, 31 to 34, 39(a) and 40(2).
In Schedule 9, in Part I, the entries relating to sections 53(1), 60(1) and 60(2) of the Police Act 1964.
In Schedule 9, in Part I, the entries relating to the Police and Criminal Evidence Act 1984 (except for the entries relating to section 108 of, and Schedules 4 and 6 to, that Act).
In Schedule 9, in Part I, the entry relating to the Courts and Legal Services Act 1990.
1994 c. 33. | The Criminal Justice and Public Order Act 1994. | Section 141. Section 160(1). In Schedule 10, paragraphs 13, 14, 17 and 27.
Part II Repeals consequential on new discipline and complaints procedures
Chapter | Short title | Extent of repeal
1964 c. 48. | The Police Act 1964. | Section 37. Sections 60 to 62. Section 64 (except subsection (2)). Section 65(2) to (4). Schedule 5.
1984 c. 60. | The Police and Criminal Evidence Act 1984. | Section 67(8). Sections 83 to 105. Schedule 4.
1990 c. 41. | The Courts and Legal Services Act 1990. | In Schedule 10, paragraph 22.
1994 c. 29. | The Police and Magistrates’ Courts Act 1994. | In Schedule 5, in paragraph 24 the opening words and sub-paragraph (a). In Schedule 5, paragraphs 29, 30 and 36.
Part III Revocations
Number | Title | Extent of revocation
S.I. 1995/493 | The Avon (Structural Change) Order 1995. | Article 13.
S.I. 1995/600 | The Humberside (Structural Change) Order 1995. | Article 11.
S.I. 1995/610 | The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995. | Article 12.
S.I. 1995/1747 | The Cleveland (Further Provision) Order 1995. | Article 4.
S.I. 1995/1769 | The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1770 | The East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995. | Article 7.
S.I. 1995/1771 | The Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1772 | The Durham (Borough of Darlington) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1773 | The Derbyshire (City of Derby) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1774 | The Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1775 | The Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1776 | The Bedfordshire (Borough of Luton) (Structural Change) Order 1995. | Article 5.
S.I. 1995/1779 | The Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995. | Article 7.
S.I. 1996/507 | The Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996. | Article 5.