Police Act 1996

• Citation: 1996 c. 16
• Sections: 332

Section 1 Police areas.

(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, . . .

Section 2 Maintenance of police forces.

(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.

Section 3 Establishment of police authorities.

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Section 4 Membership of police authorities etc.

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Section 5 Reductions in size of police authorities.

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Section 5A Maintenance of the metropolitan police force.

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

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

Section 5B Establishment of the Metropolitan Police Authority.

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Section 5C Membership etc of the Metropolitan Police Authority.

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Section 6 General functions of police authorities.

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Section 6A Three-year strategy plans

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Section 6ZA Power to confer particular functions on the Common Council

(1) The Secretary of State may by order confer particular functions on the Common Council .

(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring the Common Council —

(a) to monitor the performance of the City of London police force in—

(i) complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;

(ii) carrying out any plan issued by virtue of section 6ZB;

(aa) to hold the Commissioner of Police for the City of London to account for the exercise of the Commissioner's functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(b) to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;

(c) to promote diversity within that force and within the Common Council .

(3) Before making an order under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

(c) such other persons as he thinks fit.

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

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

Section 6ZB Plans by the Common Council

(1) Before the beginning of each financial year the Common Council shall issue a plan (a “policing plan”) setting out—

(a) the Common Council's objectives (“policing objectives”) for the policing of the City of London police area, and for the discharge by the City of London Police of its national or international functions during that year; and

(b) the proposed arrangements for the policing of that area for the period of three years beginning with that year.

(2) In issuing a policing plan, the Common Council must have regard to the strategic policing requirement issued under section 37A.

(3) Before determining policing objectives, the Common Council shall—

(a) consult the Commissioner of Police for the City of London , and

(b) consider any views obtained by the Common Council in accordance with arrangements made under section 96.

(4) A draft of a policing plan required to be issued by the Common Council under this section shall be prepared by the Commissioner of Police for the City of London and submitted by him to the Common Council for it to consider.

The Common Council shall consult the Commissioner of Police for the City of London before issuing a policing plan which differs from the draft submitted by him under this subsection.

(5) The Secretary of State may by regulations make provision supplementing that made by this section.

(6) The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.

(7) The regulations may contain provision as to—

(a) matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));

(b) persons who are to be consulted, and matters that are to be considered, in preparing policing plans;

(c) modification of policing plans;

(d) persons to whom copies of policing plans are to be sent.

(8) Before making regulations under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

(c) such other persons as he thinks fit.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6ZC Reports by the Common Council

(1) The Secretary of State may by order require the Common Council to issue reports concerning the discharge of the Common Council's functions .

(2) An order under this section may contain provision as to—

(a) the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;

(b) the matters to be dealt with in reports;

(c) persons to whom copies of reports are to be sent.

(3) Before making an order under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

(c) such other persons as he thinks fit.

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

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

Section 6AZA Common Council to remain police authority for City

The Common Council of the City of London is to continue to be the police authority for the City of London police area.

Section 7 Local policing objectives.

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Section 8 Local policing plans.

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Section 8A Local policing summaries

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Section 9 Annual reports by police authorities.

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Section 9A General functions of the Commissioner of Police of the Metropolis.

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Section 9B Appointment of Commissioner of Police of the Metropolis.

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Section 9C Functions of Deputy Commissioner of Police of the Metropolis.

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Section 9D Appointment of Deputy Commissioner of Police of the Metropolis.

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Section 9E Removal of Commissioner or Deputy Commissioner.

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Section 9F Assistant Commissioners of Police of the Metropolis.

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Section 9G Commanders.

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Section 9H Other members of the metropolitan police force.

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

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

(a) Commissioner of Police of the Metropolis,

(b) Deputy Commissioner of Police of the Metropolis,

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

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

(d) Commander,

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

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

Section 9FA Appointment and removal of Deputy Assistant Commissioners

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Section 10 General functions of chief constables.

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Section 11 Appointment and removal of chief constables.

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Section 11A Appointment and removal of deputy chief constables

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Section 12 Assistant chief constables.

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Section 12A Power of deputy to exercise functions of chief constable

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Section 13 Other members of police forces.

(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.

Section 14 Police fund.

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Section 15 Civilian employees.

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Section 16 Appointment of chief executive .

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Section 17 Appointment of persons not employed by police authorities.

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Section 18 Supply of goods and services.

(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)—

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(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 .

Section 19 Approval of decisions about precepts.

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Section 20 Questions on police matters at council meetings.

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Section 20A Questions on metropolitan police matters at London Assembly meetings.

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Section 21 Application of certain provisions to police authorities.

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Section 22 Reports by chief constables to police authorities.

(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.

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Section 22A Collaboration agreements

(1) A collaboration agreement may be made by—

(a) two or more policing bodies; or

(b) the chief officers of police of one or more police forces and—

(i) one or more policing bodies together with one or more other persons, or

(ii) if no other person is a party to the agreement, two or more policing bodies.

(2) A collaboration agreement is an agreement containing one or more of the following—

(a) provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b) provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c) provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3) A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a) the chief officer of police of each police force to which the provision relates, and

(b) the policing body that is responsible for maintaining each such police force.

(4) A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5) A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a) the policing body, or each policing body, to which the provision relates;

(b) the chief officer of police of the police force, or each police force, to which the provision relates; and

(c) the policing body that is responsible for maintaining each such police force.

(6) Subsection (1)(a) does not prevent other persons from being parties to collaboration agreements.

(7) Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8) For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by members of that police force, or

(b) to the police area for which that police force is established.

(9) For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b) to the police area for which that policing body is established.

Section 22B Duty of chief officers to keep collaboration agreements under review

(1) The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a) that police force, and

(b) one or more other police forces.

(2) If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the chief officer, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7) In this section “ collaboration functions ” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

Section 22C Duty of policing bodies to keep collaboration agreements under review

(1) A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a) the efficiency or effectiveness of—

(i) that policing body,

(ii) the police force which that policing body is responsible for maintaining, or

(iii) that body and that force, and

(b) the efficiency or effectiveness of one or more other policing bodies and police forces.

(2) If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the policing body, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7) In this section “ collaboration functions ” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).

Section 23 Collaboration agreements involving police forces

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(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.

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

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

Section 23A Collaboration agreements involving policing bodie

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(2) Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—

(a) for support to be provided jointly by two or more policing bodies ;

(b) for support to be provided for two or more policing bodies or forces jointly;

(c) for a policing body to provide support to another policing body or to a force maintained by another policing body .

(3) In relation to policing body collaboration provision, or policing body & force collaboration provision, references to the provision of support include, in particular, the provision of—

(a) premises;

(b) equipment;

(c) staff;

(d) services;

(e) facilities.

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(5) A policing body may make a collaboration agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(6) A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement).

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Section 23B Collaboration agreements: payments

(1) A collaboration agreement may provide for payments between parties to the agreement .

(2) Provision under subsection (1) may in the case of policing bodies or chief officers of police who are parties to the agreement , in particular—

(a) specify the policing bodies or chief officers of police by which and to which a payment is to be made or the manner in which those policing bodies or chief officers of police are to be determined;

(b) specify the amount of any payment or the manner in which it is to be determined.

(3) A policing body or chief officer of police must make any payments required by provision made under subsection (1).

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Section 23C Collaboration agreements: consultation and supplemental

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(2) A collaboration agreement must be in writing.

(3) A collaboration agreement may make different provision for different cases or circumstances.

(4) A collaboration agreement may be varied by a subsequent collaboration agreement.

(5) A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

(6) If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement.