Office of Public Sector Information
PART I continued CHAPTER I continued
(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.”
After section 29 of the 1964 Act there shall be inserted—
(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.”
For section 31 of the 1964 Act there shall be substituted—
(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.
(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.
(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.”
(1) Section 33 of the 1964 Act (regulations for the administration etc. of police forces) shall be amended as follows.
(2) In subsection (2) (which lists certain matters with respect to which regulations may be made) for paragraph (e) (discipline) there shall be substituted—
“(e) the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;”.
(3) After that subsection there shall be inserted—
“(3) Without prejudice to the powers conferred by this section, regulations under this section shall—
(a) establish, or make provision for the establishment of, procedures for cases in which a member of a police force may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution, and
(b) make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) of this subsection is decided—
(i) where he is an officer of the metropolitan police force, by the Commissioner of Police of the Metropolis, and
(ii) where he is an officer of any other force, by the police authority which maintains the force or by a committee of that authority.
For the purposes of this subsection “senior officer” means a member of a police force holding a rank above that of superintendent.
(3A) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (3)(b) of this section,—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers or other persons, or
(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.”
(4) After subsection (4) there shall be inserted—
“(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) In subsection (5) the words “and may” onwards shall be omitted.
(1) For section 37 of the 1964 Act (disciplinary appeals to Secretary of State) there shall be substituted—
(1) A member of a police force who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (3) of section 33 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to a police appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
(2) Where a police appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way—
(a) which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and
(b) in which he could have been dealt with by the person who made that decision.
(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 make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents, and may, in particular, apply subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 with such modifications as may be set out in the rules.
(5) A statutory instrument containing rules made under this section shall be laid before Parliament after being made.
(6) Schedule 5 to this Act shall have effect in relation to appeals under this section.”
(2) For Schedule 5 to the 1964 Act there shall be substituted the Schedule set out in Schedule 3 to this Act.
(1) Section 38 of the 1964 Act (appointment and functions of inspectors of constabulary) shall be amended as follows.
(2) In subsection (2) for the word “efficiency” onwards there shall be substituted the words “efficiency and effectiveness of, every police force maintained for a police area”.
(3) In subsection (3) after the word “efficiency” there shall be inserted the words “and effectiveness”.
After section 38 of the 1964 Act there shall be inserted—
(1) Subject to subsection (2) of this section, the Secretary of State shall arrange for any report received by him under section 38(2) of this Act to be published in such manner as he thinks fit.
(2) The Secretary of State may exclude from publication under subsection (1) of this section any part of a report if, in his opinion, the publication of that part—
(a) would be against the interests of national security, or
(b) might jeopardise the safety of any person.
(3) The Secretary of State shall send a copy of the published report—
(a) (except where he is himself the police authority) to the police authority maintaining the police force to which the report relates, and
(b) to the chief officer of police of that police force.
(4) The police authority shall invite the chief officer of police to submit comments on the published report to the authority before such date as it may specify.
(5) The police authority 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) of this section, and
(c) any response which the authority has to the comments submitted by the chief officer,
to be published in such manner as the authority thinks fit.
(6) The police authority (except where it is the Secretary of State) shall send a copy of any document published under subsection (5) of this section to the Secretary of State.”
In section 39 of the 1964 Act for subsection (1) (appointment of assistant inspectors of constabulary and staff officers) there shall be substituted—
“(1) The Secretary of State may appoint assistant inspectors of constabulary.
(1A) Members of a police force may be appointed by the Secretary of State to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.”
For section 41 of the 1964 Act there shall be substituted—
(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.
(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) of this section.
(3) The Secretary of State may by regulations make provision for requiring all police forces in England and Wales to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) of this section) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.
(4) Before making regulations under this section, the Secretary of State shall consult—
(a) persons whom he considers to represent the interests of police authorities, and
(b) persons whom he considers to represent the interests of chief officers of police.”
Before section 54 of the 1964 Act there shall be inserted—
(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.”
After section 53A of the 1964 Act there shall be inserted—
(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.”
After section 53B of the 1964 Act there shall be inserted—
(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 [1945 c. 17.] 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 [1980 c. 63.] 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 [1976 c. 35.] 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 [1976 c. 35.] Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of [1945 c. 17.] 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 [1945 c. 17.] 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.”
(1) In section 39 of the [1992 c. 14.] Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—
“(b) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964;”.
(2) In section 54 of that Act (designation of authorities whose budget requirements are to be limited), in subsection (3) (classes of authorities to be treated on same principles) for paragraph (f) there shall be substituted—
“(f) police authorities established under section 3 of the [1964 c. 48.] Police Act 1964;”.
(1) A police authority established under section 3 of the 1964 Act shall not—
(a) issue a precept under section 40 of the [1992 c. 14.] Local Government Finance Act 1992, or
(b) make the calculations required by section 43 of that Act,
except by a decision of the authority which complies with subsection (2) below.
(2) A decision complies with this subsection only if the members approving it—
(a) constitute at least half of the total membership at the time of the decision, and
(b) include more than half of the members (at that time) appointed under paragraph 2 of Schedule 1B to the 1964 Act (local authority appointees).
(1) The power of the Secretary of State to give directions under section 28D of the 1964 Act to a police authority established under section 3 of that Act shall include power to direct the authority that the amount of its budget requirement for any financial year (under section 43 of the [1992 c. 14.] Local Government Finance Act 1992) shall not be less than an amount specified in the direction.
(2) The power exercisable by virtue of subsection (1) above, and any direction given under that power, are subject to any limitation imposed under Chapter V of Part I of the [1992 c. 14.] Local Government Finance Act 1992.
(3) A direction shall not be given by virtue of subsection (1) above 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 authority under subsection (1) above any precept issued or calculation made by the authority under Part I of the [1992 c. 14.] Local Government Finance Act 1992 which is inconsistent with the direction shall be void.
In section 39 of the [1989 c. 42.] Local Government and Housing Act 1989, in subsection (1) (authorities to which provisions about revenue accounts and capital finance apply) for paragraph (j) there shall be substituted—
“(j) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964;”.
In section 111 of the [1988 c. 41.] Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—
“(e) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964,”.
(1) The Secretary of State may make grants to any police authority established under section 3 of the 1964 Act in respect of expenditure incurred (or to be incurred) by it at any time before the beginning of its first precepting year.
(2) Without prejudice to any other powers to borrow, a police authority established under section 3 of the 1964 Act may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of meeting its expenditure before the beginning of its first precepting year.
(3) The sums borrowed by an authority under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of its first precepting year.
(4) In this section the “first precepting year” of a police authority is the financial year in which revenue is first received by it as a result of a precept issued by it under Part I of the [1992 c. 14.] Local Government Finance Act 1992.
(1) Any deductions made from grants under section 31 of the 1964 Act for any period ended after 31st March 1980 and before the passing of this Act on account of common services expenditure shall be deemed to have been made in accordance with that section and any order made under it.
(2) In subsection (1) above “common services expenditure” means expenditure incurred by the Secretary of State under—
(a) section 41 (common services) of the 1964 Act, or
(b) section 44 (Police Federations) of that Act, or
(c) section 4 of the [1969 c. 63.] Police Act 1969 (Police Council for the United Kingdom) or section 1 of the [1980 c. 10.] Police Negotiating Board Act 1980.
In section 88 of the Police and Criminal Evidence Act 1984 (references of matters other than complaints to the Complaints Authority), in paragraph (a) for the words “an offence against discipline” there shall be substituted the words “behaved in a manner which would justify disciplinary proceedings”.
(1) Section 90 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (steps to be taken after investigation: general) shall be amended as follows.
(2) In subsection (3), paragraph (ii) and the word “and” immediately preceding it shall be omitted.
(3) In subsection (4), paragraph (b) and the word “and” immediately preceding it shall be omitted.
(4) In subsection (5)—
(a) for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and
(b) for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.
(5) Subsection (6) shall be omitted.
(6) In subsection (7)—
(a) for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and
(b) for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.
(7) Subsection (8) shall be omitted.
(8) In subsection (9) for the words “the chief officer” onwards there shall be substituted the words “then, if the chief officer is required by virtue of regulations under subsection (5) or (7) above to send the Authority a memorandum, he shall at the same time send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation”.
(9) In subsection (10)—
(a) in paragraph (a) for the words “prefer disciplinary charges” onwards there shall be substituted the words “bring disciplinary proceedings, it shall be his duty to bring and proceed with them; and”, and
(b) in paragraph (b) for the words “preferred such charges” there shall be substituted the words “brought such proceedings”.
(1) Section 93 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (powers of Complaints Authority as to disciplinary charges) shall be amended as follows.
(2) In subsection (1) for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought disciplinary proceedings or does not propose to do so, the Authority may recommend him to bring such proceedings”.
(3) In subsection (2) for the words “withdraw charges which he has preferred” there shall be substituted the words “discontinue disciplinary proceedings that he has brought”.
(4) In subsection (3) for the words “prefer such charges” onwards there shall be substituted the words “bring disciplinary proceedings, they may direct him to do so”.
(5) In subsection (5) for the words “prefer and proceed with charges specified in” there shall be substituted the words “comply with”.
(6) For subsection (6) there shall be substituted—
“(6) The Authority may withdraw a direction given under this section.”
(7) For subsections (7) and (8) there shall be substituted—
“(7) A chief officer shall—
(a) advise the Authority of what action he has taken in response to a recommendation or direction under this section, and
(b) furnish the Authority with such other information as they may reasonably require for the purpose of discharging their functions under this section.”
Police and Magistrates' Courts Act 1994