Police Act 1996

Part I — Organisation of Police Forces

Police areas and police forces

Assaults on constables.

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• (1) England and Wales shall be divided into police areas.

• (2) The police areas referred to in subsection (1) shall be—

• (a) those listed in Schedule 1 (subject to any amendment made to the first column of that Schedule by regulations under section 31A or any amendment made to the second column, or to the first and second columns, by an order under section 32 below, section 45 of the Democracy and Boundary Commission Cymru etc. Act 2013, section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007),

• (b) the metropolitan police district, and

• (c) the City of London police area.

• (3) References in Schedule 1 to any local government area are to that area as it is for the time being, . . .

...

Maintenance of police forces

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• (1) A police force shall be maintained for every police area for the time being listed in Schedule 1.

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

Establishment of police authorities

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Membership of police authorities etc

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Reductions in size of police authorities

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General functions of police authorities

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Local policing objectives

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Local policing plans

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Annual reports by police authorities

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General functions of chief constables

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Appointment and removal of chief constables

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Assistant chief constables

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Other members of police forces

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• (1) The ranks that may be held in a police force maintained under section 2 shall be such as may be prescribed by regulations under section 50 and the ranks so prescribed shall include, in addition to chief constable , deputy chief constable and assistant chief constable, the ranks of chief superintendent superintendent, chief inspector, inspector, sergeant and constable.

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

• (3) Appointments and promotions to any rank below that of assistant chief constable in any police force maintained under section 2 shall be made, in accordance with regulations under section 50, by the chief constable.

Police fund

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Civilian employees

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Appointment of clerk

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Appointment of persons not employed by police authorities

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Supply of goods and services

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• (1) Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39)(supply of goods and services by local authorities)—

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

• (b) shall, in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force , apply with the modification set out in subsection (2).

• (2) The modification is that references in those subsections to a public body shall be read as references to any person.

• (3) The Common Council in its capacity as police authority may not enter into an agreement with another local policing body under section 1 of the 1970 Act in respect of a matter which could be the subject of force collaboration provision in a collaboration agreement .

Approval of decisions about precepts

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Questions on police matters at council meetings

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Application of certain provisions to police authorities

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...

Reports by chief constables to police authorities

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• (1) The Commissioner of Police for the City of London shall, as soon as possible after the end of each financial year, submit to the Common Council a general report on the policing during that year of the City of London police area.

• (2) The chief constable shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

• (3) The Commissioner of Police for the City of London shall, whenever so required by the Common Council, submit to the Common Council a report on such matters as may be specified in the requirement, being matters connected with the policing of the City of London police area.

• (4) A report submitted under subsection (3) shall be in such form as the Common Council may specify.

• (5) If it appears to the Commissioner of Police for the City of London that a report in compliance with subsection (3) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the Common Council, he may request the Common Council to refer the requirement to submit the report to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

• (6) The Common Council may arrange, or require the chief officer to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the Common Council to be appropriate.

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

Collaboration agreements

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Force collaboration provision may, in particular, consist of provision—

• (a) for the joint discharge of functions by members of police forces;

• (b) for members of a police force to discharge functions in another force's area;

• (c) for members of a police force to be provided to another force.

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

• (4) A collaboration agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

• (5) A chief officer may make a collaboration agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

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

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

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

Aid of one police force by another

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• (1) The chief officer of police of any police force may, on the application of the chief officer of police of any other police force, provide constables or other assistance for the purpose of enabling the other force to meet any special demand on its resources.

• (2) If it appears to the Secretary of State to be expedient in the interests of public safety or order that any 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 that satisfactory arrangements under subsection (1) cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force to provide such constables or other assistance for that purpose as may be specified in the direction.

• (3) While a constable is provided under this section for the assistance of another police force he shall, notwithstanding sections sections 2 and 4 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”), be under the direction and control of the chief officer of police of that other force.

• (3A) While a member of the civilian staff of a police force maintained under section 2, or a member of the civilian staff of the metropolitan police force, is provided under this section for the assistance of another police force, that member of staff is, notwithstanding section 2 or 4 of the 2011 Act, under the direction and control of the chief officer of police of that other force.

• (4) 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.

• (4A) This section shall apply in relation to the British Transport Police Authority, the British Transport Police Force and the Chief Constable of that Force as it applies to a local policing body , a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to sections 2 and 4 of the 2011 Act shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.

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

Provision of special services

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• (1) The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the local policing body of charges on such scales as may be determined by that body.

• (1A) The Chief Constable of the British Transport Police Force may provide special police services at the request of any person, subject to the payment to the British Transport Police Authority of charges on such scales as may be determined by that Authority.

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

Provision of advice and assistance to international organisations etc

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• (1) Subject to the provisions of this section, a local policing body may provide advice and assistance—

• (a) to an international organisation or institution, or

• (b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the body or the chief officer of police for its area.

• (2) The power conferred on a local policing body by subsection (1) includes a power to make arrangements under which a member of the police force maintained by the body is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

• (3) The power conferred by subsection (1) shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

• (4) A consent or authorisation under subsection (3) may be given subject to such conditions as appear to the Secretary of State to be appropriate.

• (5) Nothing in this section authorises a local policing body to provide any financial assistance by—

• (a) making a grant or loan,

• (b) giving a guarantee or indemnity, or

• (c) investing by acquiring share or loan capital.

• (6) A local policing body may make charges for advice or assistance provided by it under this section.

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

• (8) The provisions of this section are without prejudice to the Police (Overseas Service) Act 1945 . . . .

Special constables

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• (1) The chief officer of police of the police force maintained for a police area may, in accordance with regulations under section 51, appoint special constables for that area.

• (2) Subject to provision included in a collaboration agreement by virtue of section 23(4), section 24(3) and regulations under section 51, all special constables appointed for a police area shall be under the direction and control of, and subject to dismissal by, the chief officer of police.

Police cadets

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• (1) The chief officer of police of a police force may, in accordance with regulations under section 52, appoint persons as police cadets to undergo training with a view to becoming members of that police force.

• (2) Subject to regulations under section 52, all police cadets shall be under the control of, and subject to dismissal by, the chief officer of police.

• (3) Accordingly, for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, the chief officer of a police force shall be treated as the employer of any police cadets undergoing training with the force.

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

Attestation of constables

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Every member of a police force maintained for a police area and every special constable appointed for a police area shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4—

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

• (b) . . . before a justice of the peace having jurisdiction within the police area.

Jurisdiction of constables

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• (1) A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

• (2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

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

• (3A) A member of the British Transport Police Force who is for the time being required by virtue of section 22A to serve with a police force maintained by a local policing body shall have all the powers and privileges of a member of that police force.

• (3B) Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a collaboration agreement under section 22A, the member shall have all the powers and privileges of a member of that other force.

• (3C) In subsection (3B), “police force” and “chief officer” have the meanings given by section 23I.

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

• (5) In this section—

• powers includes powers under any enactment, whenever passed or made;

• “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and this section, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

• (6) This section is without prejudice to—

• (a) sections 98 and 99 below, and

• (b) any other enactment conferring powers on constables for particular purposes.

Rewards for diligence

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• (1) The chief constable of a police force maintained under section 2 may grant to members of that police force rewards for exceptional diligence or other specially meritorious conduct.

• (2) The Commissioner of Police of the Metropolis may grant to members of the metropolitan police force rewards for exceptional diligence or other specially meritorious conduct.

• (3) The Common Council may, on the recommendation of the Commissioner of Police for the City of London, grant out of the City of London police fund to members of the City of London police force rewards for exceptional diligence or other specially meritorious conduct.

Alteration of police areas

Power to alter police areas by order

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• (1) The Secretary of State may by order make alterations in police areas in England and Wales other than the City of London police area.

• (2) The alterations that may be made by an order under this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the abolition of the metropolitan police district.

• (3) The Secretary of State shall not exercise his power under this section to make alterations unless either—

• (a) he has received a request to make the alterations from the local policing body for each of the areas ... affected by them, or

• (b) it appears to him to be expedient to make the alterations in the interests of efficiency or effectiveness.

• (4) The Secretary of State shall exercise his power to make orders under this section in such a way as to ensure that no police area falls partly in England and partly in Walesand that none of the following areas—

• (a) a county in which there are no district councils,

• (b) a district in any other county,

• (c) a county borough in Wales, and

• (d) a London borough,

is divided between two or more police areas.

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

Objections to alterations proposed by Secretary of State

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• (1) Before making an order under section 32 by virtue of subsection (3)(b) of that section, the Secretary of State shall give notice of his proposal to—

• (a) the local policing body for every area ... that he proposes to alter,

• (b) the council of every county, district, county borough or London borough wholly or partly within any area (other than the metropolitan police district) that he proposes to alter,

• (bb) the Greater London Authority, if he proposes to alter the metropolitan police district,

• (c) the council of every London borough, county or district all or part of which would under the proposal be brought into or left out of the metropolitan police district, and

• (d) such other persons as he considers appropriate.

• (2) A notice under subsection (1) shall—

• (a) specify the proposed alterations and describe the general nature of any related provisions proposed to be included in the order,

• (b) set out the Secretary of State’s reasons for proposing the alterations, and

• (c) specify a date before which any objections to the proposals are to be delivered to the Secretary of State.

• (3) The date specified under subsection (2)(c) shall fall after the end of the period of four months beginning with the date of the notice.

• (4) Where objections have been duly delivered to the Secretary of State by a person notified under subsection (1), the Secretary of State shall before making the order under section 32—

• (a) consider the objections, and

• (b) give to that person a further notice stating whether he accepts the objections and, if he does not, giving his reasons.

• (5) Where the Secretary of State has given a notice under subsection (1) specifying proposed alterations, the provisions of an order making the alterations may be inconsistent with the notice so far as it describes the general nature of the provisions, and may contain provisions not referred to in the notice.

Orders altering police areas: supplementary provisions

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• (1) The power to make orders under section 32 includes power to make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient, including—

• (a) provision as to who is to be a police and crime commissioner;

• (b) provision for the transfer of property, rights and liabilities;

• (c) provision for the transfer of members of police forces and other persons;

• (d) provision as to pending legal proceedings.

• (1A) Provision falling within subsection (1)(a) includes, in particular—

• (a) provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

• (b) provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

• (2) Without prejudice to subsection (1), the power to make orders under section 32 includes power—

• (a) to amend Schedule 1 to this Act and section 76 of the London Government Act 1963 (extent of metropolitan police district), ...

• (b) to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order and

• (c) to apply (with or without modification) any provision of, or made under, Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011.

• (2A) An order under section 32 which includes provision within subsection (1A)(b) may, in particular require the election in question to be held before the alteration of police areas takes effect.

• (3) No order shall be made under section 32 by virtue of subsection (3)(b) of that section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

• (4) An order to which subsection (3) applies, and which would apart from this subsection be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, shall proceed in that House as if it were not such an instrument.

• (5) A statutory instrument containing an order made under section 32 by virtue of subsection (3)(a) of that section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Supplemental

The Scilly Isles

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For the purposes of the application of this Part 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.

Part II — Central Supervision, Direction and Facilities

Functions of Secretary of State

General duty of Secretary of State

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• (1) The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.

• (2) The provisions of this Act mentioned in subsection (1) are—

• (a) Part I;

• (b) this Part;

• (c) Part III ...;

• (d) in Chapter II of Part IV, sections 84 and 85 and Schedule 6; and

• (e) in Part V, section 95.

Setting of objectives for police authorities

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Setting of performance targets

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Codes of practice

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Power to give directions to police authorities after adverse reports

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• (1) Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the local policing body responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

• (2) Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the local policing body responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

• (3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

• (4) The Secretary of State shall not give a direction under this section in relation to any police force unless—

• (a) the local policing body responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

• (b) that local policing body and chief officer have each been given an opportunity of making representations about those grounds;

• (c) that local policing body and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

• (d) the Secretary of State has considered any such representations and any such proposals.

• (5) Subsection (4) does not apply if the Secretary of State is satisfied that—

• (a) the local policing body responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

• (b) the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and

• (c) they have each had a reasonable opportunity to take such measures.

• (6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

• (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

• (b) an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

• (7) A local policing body that is given a direction under this section shall comply with it.

Directions as to minimum budget

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• (1) The power of the Secretary of State to give directions under section 40 or 40A to a a police and crime commissioner shall include power to direct the commissioner that the amount of the commissioner's council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year shall not be less than an amount specified in the direction.

• (1A) But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.

• (2) The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA or IVA of Part I of the Local Government Finance Act 1992.

• (3) A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.

• (4) Where the Secretary of State gives a direction to a police and crime commissioner by virtue of subsection (1), any precept issued or calculation made by the commissioner under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Removal of chief constables, etc

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• (1) The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

• (1A) The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.

• (2) Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—

• (a) give the officer concerned a notice in writing—

• (i) informing him of the Secretary of State’s intention to require the exercise of that power; and

• (ii) explaining the Secretary of State’s grounds for requiring the exercise of that power; and

• (b) give that officer an opportunity to make representations to the Secretary of State.

• (2A) Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the notice to the Mayor's Office for Policing and Crime.

• (2B) The Secretary of State shall consider any representations made to him under subsection (2).

• (3) Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he 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.

• (3A) At an inquiry held under subsection (3)—

• (a) the Commissioner or Deputy Commissioner shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;

• (b) the Mayor's Office for Policing and Crime shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.

• (3B) The entitlement of the Commissioner or Deputy Commissioner to make representations shall include the entitlement to make them in person.

• (4) The costs incurred by a the Commissioner or Deputy Commissioner 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.

• (4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—

• (a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and

• (b) section 48(5) of the 2011 Act does not apply.

• (4B) In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.

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

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

Reports from police authorities

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Reports from chief constables

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• (1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

• (a) the policing of the police area for which that police force is maintained, or

• (b) the discharge of the national or international functions of that police force.

• (2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

• (a) the policing of that police area, or

• (b) the discharge of the national or international functions of the police force for that area.

• (3) A requirement under subsection (1) may specify the form in which information is to be provided.

• (4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

• (5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.

Criminal statistics

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Police grant

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• (1) Subject to the following provisions of this section, the Secretary of State shall for each financial year—

• (a) make grants to police and crime commissioners for the purposes of their functions,

• (b) make grants to the Common Council for the purposes of its functions as police authority, and

• (c) make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;

and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.

• (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 grant recipient;

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), and stating the considerations which he took into account in making the determination.

• (4) In determining the allocation among grant recipients 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), and the formulae and other rules referred to in subsection (4), may be different for different grant recipients or different classes of grant recipient.

• (6) A copy of every report prepared under subsection (3) 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 grant recipient 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.

• (7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Mayor's Office for Policing and Crime and pay it over to that Office.

• (8) Where in consequence of a further determination under subsection (2) the amount of a grant recipient'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 grant recipient to the Secretary of State on such day as he may specify; but no sum shall be payable by a grant recipient under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

• (9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Mayor's Office for Policing and Crime to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.

Grants for capital expenditure

47

• (1) The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) ... by local policing bodies.

• (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.

• (4) Any grant under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.

• (5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Mayor's Office for Policing and Crime and pay it over to that Office.

Grants for expenditure on safeguarding national security

48

• (1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes by local policing bodies 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.

• (4) Any grant under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.

• (5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Mayor's Office for Policing and Crime and pay it over to that Office.

Local inquiries

49

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

Regulations for police forces

50

• (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), regulations under this section may make provision with respect to—

• (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 64;

• (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.

• (2ZA) Regulations under this section may not make any provision which may be made under section 50A (regulations as to police ranks) or under section 1 of the Public Service Pensions Act 2013 in relation to members of police forces.

• (2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g) subsection (2)(b), (c) or (g), the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

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

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

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

• (2ZC) The Secretary of State may not make regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g) subsection (2)(b), (c) or (g) unless the text of the regulations has been prepared or approved by the College of Policing.

• (2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—

• (a) powers of suspension, or

• (b) powers of removal,

(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

• (2B) In subsection (2A)—

• “power of removal” means—the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

• “power of suspension” means—the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.

• (3) Without prejudice to the powers conferred by this section, regulations under this section shall—

• (a) establish, or

• (b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.

• (3A) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (3) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

• (a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the Director General of the Independent Office for Police Conduct,

• (b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of a police force, and

• (c) condition A, B or C is satisfied in relation to the person.

• (3B) Condition A is that the person ceases to be a member of a police force after the allegation first comes to the attention of a person mentioned in subsection (3A)(a).

• (3C) Condition B is that the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a) but the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) does not exceed the period specified in regulations under this section.

• (3D) Condition C is that—

• (a) the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a),

• (b) the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) exceeds the period specified for the purposes of condition B, and

• (c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of a police force.

• (3E) Regulations made by virtue of subsection (3A) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—

• (a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

• (b) the impact of the allegation on public confidence in the police, and

• (c) the public interest.

• (3F) Regulations made by virtue of subsection (3A) may make provision about matters to be taken into account by the Director General of the Independent Office for Police Conduct for the purposes of subsection (3E)(a) to (c).

• (3G) Regulations made by virtue of subsection (3A) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a member of a police force.

• (4) In relation to any matter as to which provision may be made by regulations under this section, the regulations may... —

• (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, local policing bodies, chief officers of police or other persons, or

• (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

• (5) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

• (6) 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.

• (6A) Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

• (a) steps to be taken in connection with the appointment of senior officers;

• (b) payments to senior officers who cease to hold office before the end of a fixed term appointment.

• (6B) In subsection (6A) “senior officer” means—

• (a) a member of a police force holding a rank above that of chief superintendent;

• (b) the Commissioner of Police for the City of London.

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

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

Regulations for special constables

51

• (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), regulations under this section may make provision with respect to—

• (a) the qualifications for appointment of special constables;

• (b) the retirement of special constables;

• (ba) the conduct , efficiency and effectiveness of special constables and the maintenance of discipline;

• (c) the suspension of special constables from their office as constable; and

• (ca) 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 64;

• (d) the allowances payable to special constables; and

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZA) Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to special constables.

• (2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to—

• (a) the ranks to be held by special constables,

• (b) the qualifications for appointment and promotion of special constables,

• (c) periods of service on probation, or

• (d) maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

• (2ZC) The duty in subsection (2ZB) does not apply if the Secretary of State considers that—

• (a) making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or

• (b) it would be unlawful to make regulations in those terms, or

• (c) it would for some other reason be wrong to make regulations in those terms.

• (2ZD) The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.

• (2A) Without prejudice to the powers conferred by this section, regulations under this section shall—

• (a) establish, or

• (b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.

• (2B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (2A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

• (a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the Director General of the Independent Office for Police Conduct,

• (b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a special constable, and

• (c) condition A, B or C is satisfied in relation to the person.

• (2C) Condition A is that the person ceases to be a special constable after the allegation first comes to the attention of a person mentioned in subsection (2B)(a).

• (2D) Condition B is that the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a) but the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) does not exceed the period specified in regulations under this section.

• (2E) Condition C is that—

• (a) the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a),

• (b) the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) exceeds the period specified for the purposes of condition B, and

• (c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a special constable.

• (2F) Regulations made by virtue of subsection (2B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—

• (a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,

• (b) the impact of the allegation on public confidence in the police, and

• (c) the public interest.

• (2G) Regulations made by virtue of subsection (2B) may make provision about matters to be taken into account by the Director General of the Independent Office for Police Conduct for the purposes of subsection (2F)(a) to (c).

• (2H) Regulations made by virtue of subsection (2B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations.

The period specified must begin with the date when the person ceased to be a special constable.

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

• (3A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

• (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, local policing bodies, chief officers of police or other persons, or

• (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

• (4) Subsections (7) and (8) of section 50 shall apply to regulations under this section.

Regulations for police cadets

52

• (1) The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.

• (1ZA) Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions Act 2013 in relation to police cadets.

• (1A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

• (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, local policing bodies, chief officers of police or other persons, or

• (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

• (2) Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.

• (3) Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.

Regulations as to standard of equipment

53

• (1) 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.

• (1A) The Secretary of State may by regulations make any or all of the following provisions—

• (a) provision requiring one or more police forces, when using equipment for the purposes specified in the regulations to use only—

• (i) the equipment which is specified in the regulations;

• (ii) equipment which is of a description so specified; or

• (iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;

• (b) provision requiring one or more police forces to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;

• (c) provision prohibiting one or more police forces from using equipment of a type approved as mentioned in paragraph (a)(iii) except—

• (i) where the conditions subject to which the approval was given are satisfied; and

• (ii) in accordance with the other terms of that approval;

• (d) provision requiring equipment used by one or more police forces to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

• (e) provision prohibiting one or more police forces from using equipment specified in the regulations, or any equipment of a description so specified.

• (1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

• (1AB) The regulations may, in particular—

• (a) make provision about the nature or terms of such arrangements, or

• (b) prescribe arrangements which may be, or must be, used.

• (1B) The Secretary of State shall not make any regulations under subsection (1A) or (1AA) unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness of one or more police forces.

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

• (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

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

• (ab) the Common Council;

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

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

• (2A) Regulations under this section may make different provision for different cases and circumstances.

• (2B) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2C) In this section “equipment” includes—

• (za) software;

• (a) vehicles; and

• (b) headgear and protective and other clothing.

Inspectors of constabulary

Appointment and functions of inspectors of constabulary

54

• (1) Her Majesty may appoint such number of inspectors (to be known as “Her Majesty’s Inspectors of Constabulary”) as the Secretary of State may with the consent of the Treasury determine, and of the persons so appointed one may be appointed as chief inspector of constabulary.

• (2) The inspectors of constabulary shall inspect, and report ... on the efficiency and effectiveness of, every police force maintained for a police area ... ... ....

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

• (2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

• (2BA) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

• (2BB) Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.

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

• (2D) It shall be the duty of the chief inspector of constabulary—

• (a) to enter into arrangements with the Director General of the Independent Office for Police Conduct (“the Director General”) for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and the Director General; and

• (b) to ensure that inspectors of constabulary provide the Director General with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by the Director General of his or her functions.

• (3) The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency and effectiveness as the Secretary of State may from time to time direct.

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

• (4) The chief inspector of constabulary shall in each year submit to the Secretary of State a report on the carrying out of inspections under this section, and the chief inspector shall lay a copy of that report before Parliament.

• (4A) A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.

• (5) The inspectors of constabulary shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.

• (6) Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.

• (7) For the purposes of this section, a police force includes—

• (a) staff appointed by the chief officer of police of the police force;

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

• (b) staff appointed by a local policing body if, or to the extent that, they are employed to assist the police force;

• (c) persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of police of the police force or its local policing body), to assist the police force in relation to the discharge of its chief officer's functions;

• (d) any other persons if, or to the extent that, they are engaged by virtue of any enactment in carrying out the activities of the police force.

Publication of reports

55

• (1) The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.

• (2) But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—

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

• (b) might jeopardise the safety of any person.

• (2A) The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).

• (3) The inspectors of constabulary must send a copy of the published report to—

• (a) the Secretary of State,

• (b) the local policing body maintaining the police force to which the report relates,

• (c) the chief officer of police of that police force, and

• (d) any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.

• (4) The local policing body shall invite the chief officer of police to submit comments on the published report to the body before such date as it may specify.

• (5) The local policing body shall prepare comments on the published report and shall arrange for—

• (a) its comments,

• (b) any comments submitted by the chief officer of police in accordance with subsection (4), and

• (c) any response which the body has to the comments submitted by the chief officer of police,

to be published in such manner as appears to the body to be appropriate.

• (5A) The comments of the local policing body, together with any comments submitted by the chief officer of police and any response to those comments by the local policing body, must be published before the end of the period of 56 days beginning with the day on which the report is published.

• (5B) If the published report includes a recommendation, the comments of the local policing body must include an explanation of—

• (a) the action the local policing body has taken or proposes to take in response to the recommendation, or

• (b) why the local policing body has not taken, or does not propose to take, any action in response.

• (6) The local policing body ... shall send a copy of any document published under subsection (5) to—

• (a) the inspectors of constabulary, and

• (b) the Secretary of State.

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

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

Assistant inspectors and staff officers

56

• (1) The chief inspector of constabulary may appoint assistant inspectors of constabulary.

• (2) Members of a police force may be appointed by the chief inspector of constabulary to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.

• (3) Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.

Central services

Common services

57

• (1) The Secretary of State may provide and maintain, or may contribute to the provision or maintenance of, such organisations, facilities and services as he considers necessary or expedient for promoting the efficiency or effectiveness of the police.

• (1A) The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.

• (1B) Financial assistance under subsection (1)—

• (a) may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and

• (b) may be given subject to terms and conditions determined by the Secretary of State;

but any financial assistance under that subsection other than a grant requires the consent of the Treasury.

• (1C) Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.

• (1D) Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.

• (2) Charges may be made for the use of facilities and services provided by the Secretary of State (or by organisations provided or maintained by him) under subsection (1).

• (3) The Secretary of State may by regulations make provision for requiring one or more police forces to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1)) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.

• (3A) Regulations under this section relating to all police forces may also require the National Crime Agency to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the Agency for the Agency to do so.

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

• (a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

• (aa) the Mayor's Office for Policing and Crime,

• (ab) the Common Council,

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

• (c) if the regulations relate to the National Crime Agency, that Agency.

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

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

Research

58

The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency or effectiveness of the police.

Part III — Police Representative Institutions

Police Federations

59

• (1) There shall continue to be a Police Federation for England and Wales for the purpose of representing members of the police forces in England and Wales, and special constables appointed for a police area in England and Wales, in all matters affecting their welfare and efficiency, except for—

• (a) questions of promotion affecting individuals, and

• (b) (subject to subsection (2)) questions of discipline affecting individuals.

• (1A) In fulfilling that purpose, the Police Federation for England and Wales must—

• (a) protect the public interest,

• (b) maintain high standards of conduct, and

• (c) maintain high standards of transparency.

• (1B) There shall continue to be a Police Federation for Scotland for the purpose of representing constables of the Police Service of Scotland in all matters affecting their welfare and efficiency, except for—

• (a) questions of promotion affecting individuals, and

• (b) (subject to subsection (2A)) questions of discipline affecting individuals.

• (2) The Police Federation for England and Wales may—

• (a) represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above, or on an appeal from any such proceedings;

• (b) represent a special constable at any proceedings brought under regulations made in accordance with section 51(2A) above, or on an appeal from any such proceedings.

• (2A) The Police Federation for Scotland may represent a constable of the Police Service of Scotland at any proceedings brought under regulations made in accordance with section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) in so far as relating to the matters described in section 52 of that Act, or on an appeal from any such proceedings.

• (3) Except on an appeal to a police appeals tribunal or as provided in regulations made in accordance with section 84—

• (a) a member of a police force in England and Wales may only be represented under subsection (2)(a) by another member of a police force or a special constable;

• (b) a special constable appointed for a police area in England and Wales may only be represented under subsection (2)(b) by another special constable or a member of a police force;

• (c) a constable of the Police Service of Scotland may only be represented under subsection (2A) by another constable of the Police Service of Scotland.

• (4) The Police Federations shall act through local and central representative bodies.

• (5) The Police Federations and every branch of a Federation shall be entirely independent of, and subject to subsection (6) unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

• (6) The Secretary of State—

• (a) may authorise a Police Federation or a branch of a Federation 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

• (b) may vary or withdraw an authorisation previously given;

and anything for the time being so authorised shall not be precluded by subsection (5).

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

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

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

Regulations for Police Federations

60

• (1) The Secretary of State may by regulations—

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

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

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

• (a) with respect to the membership of the Federations;

• (b) with respect to the raising of funds by the Federations by voluntary subscription and the use and management of funds derived from such subscriptions;

• (c) with respect to the manner in which representations may be made by committees or bodies of the Federations to local policing bodies, the Scottish Police Authority, chief officers of police and the Secretary of State;

• (d) for the payment by the Secretary of State of expenses incurred in connection with the Federations and for the use by the Federations of premises provided by local policing bodies or the Scottish Police Authority for police purposes; and

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

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

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

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

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

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

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

• (6) This section applies to police cadets as it applies to members of police forces.

The Police Negotiating Board for the United Kingdom

61

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Functions of the Board with respect to regulations

62

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Police Advisory Boards for England and Wales and for Scotland

63

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

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

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

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

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

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

• (3) Before making—

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

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

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

• (d) an order under section 97A, or

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

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

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

Membership of trade unions

64

• (1) Subject to the following provisions of this section, a member of a police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.

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

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

• (4) This section applies to police cadets as it applies to members of a police force, and references to a police force or to service in a police force shall be construed accordingly.

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

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

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

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

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

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

• (5) Nothing in this section applies to membership of the Police Federations, or of any body recognised by the Secretary of State for the purposes of this section as representing members of police forces who are not members of those Federations.

Part IV — Complaints, disciplinary proceedings etc.

...

Interpretation

Interpretation of Chapter I

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The Police Complaints Authority

The Police Complaints Authority

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Handling of Complaints etc.

Preliminary

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Investigation of complaints: senior officers

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Investigation of complaints: standard procedure

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References of complaints to Authority

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References of other matters to Authority

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Supervision of investigations by Authority

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Reports on investigations etc

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Steps to be taken after investigation: senior officers

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Steps to be taken after investigation: standard procedure

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Powers of Authority as to disciplinary proceedings

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Information as to the manner of dealing with complaints etc

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Constabularies maintained by authorities other than police authorities

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Reports

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Restriction on disclosure of information

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Regulations

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Regulations – supplementary

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Guidance concerning complaints etc

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Chapter II — Disciplinary and other proceedings

Representation at disciplinary and other proceedings

84

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

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

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

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

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

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

• (c) for securing that—

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

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

whether or not the officer concerned is legally represented.

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

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

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

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

• (4) In this section—

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

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

• “prescribed” means prescribed by regulations under this section;

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

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

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

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

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

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

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

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

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

Appeals against dismissal etc

85

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

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

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

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

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

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

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

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

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

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

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