Police Act 1964

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(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 The Scilly Isles.

(1) For the purposes of the application of this Part of this Act to the Isles of Scilly— (a) the Isles shall be treated as if they were a county; and (b) references to the council of a county . . .shall be construed as references to the Council of the Isles . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 Interpretation of Part I.

In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— . . . . . . . . . . . . . . . “magistrate” has the same meaning as in the Justices of the Peace Act 1949; . . .

28 General duty of Secretary of State.

The Secretary of State shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

28A Setting of objectives for police authorities.

(1) The Secretary of State may by order determine objectives for the policing of the areas of all police authorities established under section 3 of this Act. (2) Before making an order under this section the Secretary of State shall consult— (a) persons whom he considers to represent the interests of police authorities established under section 3 of this Act, and (b) persons whom he considers to represent the interests of chief constables of forces maintained by those authorities. (3) A statutory instrument containing an order under this section shall be laid before Parliament after being made.

28B Setting of performance targets.

(1) Where an objective has been determined under section 28A of this Act, the Secretary of State may direct police authorities to establish levels of performance (“performance targets”) to be aimed at in seeking to achieve the objective. (2) A direction under this section may be given to all police authorities established under section 3 of this Act or to one or more particular authorities. (3) A direction given under this section may impose conditions with which the performance targets must conform, and different conditions may be imposed for different authorities. (4) The Secretary of State shall arrange for any direction given under this section to be published in such manner as he thinks fit.

28C Codes of practice.

(1) The Secretary of State may issue codes of practice relating to the discharge by police authorities established under section 3 of this Act of any of their functions. (2) The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section. (3) The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.

28D Power to give directions to police authorities after adverse reports.

(1) The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 38 of this Act of any police force maintained under section 2 of this Act. (2) Where a report made to the Secretary of State under section 38 of this Act on an inspection carried out for the purposes of this section states— (a) that, in the opinion of the person making the report, the force inspected is not efficient or not effective, or (b) that in his opinion, unless remedial measures are taken, the force will cease to be efficient or will cease to be effective, the Secretary of State may direct the police authority responsible for maintaining the force to take such measures as may be specified in the direction.

29 Removal of chief constables &c.

(1) The Secretary of State may require a police authority to exercise their power under Part I of this Act to call upon the chief constable to retire in the interests of efficiency or effectiveness. (2) Before requiring the exercise of that power or approving the exercise of that or the similar power exercisable with respect to an assistant chief constable, the Secretary of State shall give the chief constable . . . or assistant chief constable an opportunity to make representations to him and shall consider any representations so made. (3) Where representations are made under this section the Secretary of State may, and in a case where he proposes to require the exercise of the power mentioned in subsection (1) of this section shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection. (4) The costs incurred by a chief constable . . . or assistant chief constable in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the police fund.

29A Reports from police authorities.

(1) A police authority shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the discharge of the authority’s functions, or otherwise with the policing of its area, as may be specified in the requirement. (2) A requirement under subsection (1) of this section may specify the form in which a report is to be given. (3) The Secretary of State may arrange, or require the police authority to arrange, for a report under this section to be published in such manner as he thinks fit.

30 Reports from chief constables.

(1) The Secretary of State may require any chief constable to submit to him a report on such matters as may be specified in the requirement, being matters connected with the policing of his area. (1A) A requirement under subsection (1) of this section may specify the form in which a report is to be given. (1B) The Secretary of State may arrange, or require the chief constable to arrange, for a report under this section to be published in such manner as the Secretary of State thinks fit. (2) Every chief constable shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by subsection (1) of section 12 of this Act to be submitted to the police authority. (3) This section shall apply to the City of London police force as if for references to a chief constable there were substituted references to the Commissioner.

31 Police grant.

(1) Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to— (a) police authorities for areas other than the metropolitan police district, and (b) the Receiver for the Metropolitan Police District; and in those provisions references to police authorities shall be taken as including references to the Receiver. (2) For each financial year the Secretary of State shall with the approval of the Treasury determine— (a) the aggregate amount of grants to be made under this section, and (b) the amount of the grant to be made to each authority; and any determination may be varied by further determinations under this subsection. (3) The Secretary of State shall prepare a report setting out any determination under subsection (2) of this section, and stating the considerations which he took into account in making the determination. (4) In determining the allocation among police authorities of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate. (5) The considerations which the Secretary of State takes into account in making a determination under subsection (2) of this section, and the formulae and other rules referred to in subsection (4), may be different for different authorities or different classes of authority. (6) A copy of every report prepared under subsection (3) of this section shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House. (7) A grant to a police authority under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned. (8) Where in consequence of a further determination under subsection (2) of this section the amount of an authority’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by the authority to the Secretary of State on such day as he may specify; but no sum shall be payable by an authority under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

31A Grants for capital expenditure.

(1) The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes by— (a) police authorities for areas other than the metropolitan police district, and (b) the Receiver for the Metropolitan Police District. (2) Grants under this section may be made either unconditionally or subject to conditions. (3) The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

31B Grants for expenditure on safeguarding national security.

(1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes by— (a) police authorities for areas other than the metropolitan police district, and (b) the Receiver for the Metropolitan Police District, in connection with safeguarding national security. (2) Grants under this section may be made either unconditionally or subject to conditions. (3) The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

32 Local inquiries.

(1) The Secretary of State may cause a local inquiry to be held by a person appointed by him into any matter connected with the policing of any area. (2) Any inquiry under this section shall be held in public or in private as the Secretary of State may direct. (3) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) shall apply to any inquiry held under this section as they apply to an inquiry held under that section. (4) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest. (5) The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of any inquiry held under this section shall be defrayed out of the police fund or, if the inquiry relates to more than one police area, out of the police funds concerned in such proportions as may be specified in the direction; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

33 Regulations for police forces.

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces. (2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:— (a) the ranks to be held by members of police forces; (b) the qualifications for appointment and promotion of members of police forces; (c) periods of service on probation; (d) voluntary retirement of members of police forces; (e) the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline; (f) the suspension of members of a police force from membership of that force and from their office as constable; (g) the maintenance of personal records of members of police forces; (h) the duties which are or are not to be performed by members of police forces; (i) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 47 of this Act; (j) the hours of duty, leave, pay and allowances of members of police forces; and (k) the issue, use and return of police clothing, personal equipment and accoutrements. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. (4) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified therein, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively. (4A) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. (5) Regulations under this section may make different provision for different cases and circumstances, . . . (6) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

34 Regulations for special constables.

(1) The Secretary of State may make regulations as to the government, administration and conditions of service of special constables. (2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision with respect to the following matters, that is to say:— (a) the qualifications for appointment of special constables; (b) the retirement of special constables; (c) the suspension of special constables from their office as constable; (d) the allowances payable to special constables; and (e) the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces. (3) If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations. (4) Subsections (5) and (6) of section 33 of this Act shall apply to regulations under this section.

35 Regulations for police cadets.

(1) The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets. (2) Subsections (4), (5) and (6) of section 33 of this Act shall apply to regulations under this section.

36 Regulations as to standard of equipment.

The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.

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44 Police Federations.

(1) There shall continue to be a Police Federation for England and Wales and a Police Federation for Scotland for the purpose of representing members of the police forces in England and Wales and in Scotland respectively in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (1A) below, and questions of promotion affecting individuals. (1A) A Police Federation may represent a member of a police force at any proceedings brought under regulations made in accordance with subsection (3) of section 33 of this Act or with subsection (2A) of section 26 of the Police (Scotland) Act 1967 or on an appeal from any such proceedings. (1B) Except on an appeal to the a police appeals tribunal or as provided by section 102 of the Police and Criminal Evidence Act 1984, a member of a police force may only be represented under subsection (1A) above by another member of a police force. (2) The Police Federations shall act through local and central representative bodies; and the Police Federations and every branch thereof shall be entirely independent of, and subject to subsection (2A) of this section unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity. (2A) The Secretary of State from time to time may authorise a Police Federation or a branch thereof to be associated with a person or body outside the police service in such cases and manner, and subject to such conditions and restrictions, as he may specify and may vary or withdraw an authorisation previously given; and anything for the time being so authorised shall not be precluded by subsection (2) of this section. (3) The Secretary of State may by regulations prescribe the constitution and proceedings of the Police Federations or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision— (a) with respect to the membership of the Federations; (b) with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions; (c) with respect to the manner in which representations may be made by committees or bodies of the Federations to police authorities, chief officers of police and the Secretary of State; (d) for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by police authorities for police purposes; and (e) for modifying any regulations under the Police Pensions Act 1976 under section 33 of this Act or under section 26 of the Police (Scotland) Act 1967 in relation to any member of a police force who is the secretary or an officer of a Police Federation and for requiring the appropriate Federation to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person. (4) Regulations under this section may contain such supplementary and transitional provisions as the Secretary of State thinks fit, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federations. (5) Before making any regulations under this section the Secretary of State shall consult the three Central Committees of the Police Federation to which the regulations will relate, sitting together as a Joint Committee; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) This section applies to police cadets as it applies to members of police forces, and references to the police service shall be construed accordingly.

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46 Police Advisory Boards for England and Wales and for Scotland.

(1) There shall be a Police Advisory Board for England and Wales and a Police Advisory Board for Scotland for the purpose of advising the Secretary of State on general questions affecting the police in those countries respectively. (2) The constitution and proceedings of each of the Police Advisory Boards shall be such as the Secretary of State may determine after consulting organisations representing the interests of police authorities and of members of police forces and police cadets. (3) Before making regulations under section 33 or section 35 of this Act, other than regulations with respect to any of the matters mentioned in section 1(1) of the Police Negotiating Board Act 1980 the Secretary of State shall furnish a draft of the regulations to the Police Advisory Board for England and Wales, and take into consideration any representations made by that Board.

47 Membership of trade unions.

(1) Subject to the provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force: Provided that where a person was a member of a trade union before becoming a member of a police force, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force. (2) If any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the chief registrar of friendly societies. (3) This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly. (4) Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

48 Liability for wrongful acts of constables.

(1) The chief officer of police for any police area shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor. (2) There shall be paid out of the police fund— (a) any damages or costs awarded against the chief officer of police in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required in connection with the settlement of any claim made against the chief officer of police by virtue of this section, if the settlement is approved by the police authority. (3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief officer of police; and references in the foregoing provisions of this section to the chief officer of police shall be construed accordingly. (4) A police authority may, in such cases and to such extent as they think fit, pay any damages or costs awarded against a member of the police force maintained by them, or any constable for the time being required to serve with that force by virtue of section 14 of this Act or section 141 of the Criminal Justice and Public Order Act 1994, or any special constable appointed for their area, in proceedings for a tort committed by him, any costs incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings; and any sum required for making a payment under this subsection shall be paid out of the police fund.

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51 Assaults on constables.

(1) Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable— on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. (2) Subsection (2) of section 17 of the Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) of this section. (3) Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both. (4) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales.

52 Impersonation, &c.

(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 “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; and “special constable” means a special constable appointed for a police area.

53 Causing disaffection.

(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 or to commit breaches of discipline, 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 £100, 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 to special constables appointed for a police area as it applies to members of a police force.

53A Grants by local authorities.

(1) The council of a county, district, county borough or London borough may make grants to any police authority established under section 3 of this Act whose police area falls wholly or partly within the county, district, county borough or borough. (2) The council of a London borough, county, or district which falls wholly or partly within the metropolitan police district may make grants for police purposes to the Receiver for the Metropolitan Police District. (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.

53B Acceptance of gifts and loans.

(1) A police authority 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 the authority thinks fit. (2) The terms on which gifts or loans are accepted under subsection (1) of this section may include terms providing for the commercial sponsorship of any activity of the police authority or of the police force maintained by it. (3) In the application of this section to the metropolitan police, for the references to the police authority there shall be substituted references to the Receiver for the Metropolitan Police District.

53C 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 15A(2) of this Act, (b) central service (as defined in section 43(5) of this Act) on which a person is engaged with the consent of the appropriate authority, (c) 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, (d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or (e) 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. (2) In subsection (1) of this section “appropriate authority” has the same meaning as in section 43 of this Act. (3) Subject to subsections (4) to (7) of this section, 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 33 of this Act fixing his rate of pay by reference to his length of service. (4) In the case of relevant service to which subsection (1)(c) of this section 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) of this section 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), (b) or (e) of subsection (1) of this section, or (b) while engaged on relevant service within paragraph (c) 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 (d) 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 subsection (3) of section 33 of this Act 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 37 of this Act shall apply accordingly. (7) For the purposes of subsection (6) of this section 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 Chief Constable of the Royal Ulster Constabulary, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

54 Criminal statistics.

(1) The chief officer of police of every police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in the area for which the force is maintained as the Secretary of State may require. (2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

55 Abolition of fees.

Section 23 of the Police Act 1890 (fees payable to constables), and any other enactment or rule of law whereby constables are authorised or required to take a fee for any act done in the course of their duty as such, shall cease to have effect.

56 Metropolitan and City of London police funds.

There shall be paid out of the metropolitan police fund and the City of London police fund respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State) any expenditure incurred under this Act in respect of— (a) any special constables appoinred for the metropolitan police district or the City of London police area; and (b) any police cadets appointed in relation to the metropolitan police force or the City of London police force.

57 Police expenses of counties falling partly within the metropolitan police district.

(1) Any police expenses payable out of the county fund of any county falling partly within the metropolitan police district shall be chargeable only on so much of the county as does not fall within that district, without prejudice, however, to section 67 of the London Government Act 1963 (power of rating authority to aggregate like expenses chargeable on different parts of rating area.) (2) In this section “police expenses” means expenses for police purposes (including contributions to the police fund of a combined police authority) or expenses which are for any purpose treated as incurred for police purposes or are under any enactment payable out of the police fund.

58 Chief constables affected by amalgamations or local government reorganisations.

(1) If the chief constable of a police force which ceases to exist in consequence of an order under Part I of this Act or , section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992 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 assistantchief 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 5(1) of this Act. (3) A chief constable who becomes a member of a police force by virtue of this section shall, subject to regulations under Part II of this Act, cease to be a member thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force. (3A) 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. (4) The provision to be made by regulations under section 60(2) of the Local Government Act 1958 (as extended by Schedule 9 to this Act) with respect to the chief constable of a police force who, after becoming a member of another police force by virtue of this section, ceases to be a member of that force without having accepted and taken up an appointment therein shall, if he was the chief constable of a police force at the commencement of this Act, be not less favourable than any provision by way of a pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1976 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police Act 1946 and he had neither been transferred to the combined force nor joined it within three months. (5) Where the chief constable of a police force is engaged for a period of overseas service within the meaning of the Police (Overseas Service) Act 1945 or a period of central service within the meaning of section 43 of this Act, and before the end of that period that force ceases to exist as mentioned in subsection (1) of this section— (a) that subsection shall apply to him 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; and (b) paragraph 2 of Schedule 4 to this Act shall not apply to him. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “successor force”, in relation to a police force which ceases to exist in consequence of any order, means a force to which members of that police force are transferred by virtue of the order; and “date of transfer” means the date as from which those members are so transferred.

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