The Transfer of Police Officers Order 1974

• Citation: S.I. 1974/551
• Sections: 10

Section 1

This Order may be cited as the Transfer of Police Officers Order 1974 and shall come into operation on 1st April 1974.

Section 2

(1) In this Order, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say:—

“ existing ” in relation to a police force or police area, means that force or area as it existed immediately before the passing of the Local Government Act 1972 ;

“ new ” in relation to a police area, means that area as established on 1st April 1974 ;

“ police cadet ” means a police cadet appointed, or deemed to have been appointed, under Part 1 of the Police Act 1964 and any reference to a police cadet of a force is a reference to a police cadet undergoing training with a view to becoming a member of that force ;

“ special constable ” means a special constable appointed, or deemed to have been appointed, for a police area and any reference to appointment for a police area shall be construed accordingly .

(2) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applied for the interpretation of an Act of Parliament.

Section 3

A member of an existing police force, other than a chief constable, or a police cadet undergoing training with a view to becoming a member of that police force, who falls within a category of members or cadets described in column 1 of Schedule 1 to this Order shall, on 1st April 1974, become a member, or as the case may be, a police cadet undergoing training with a view to becoming a member, of the police force for the new police area specified opposite thereto in column 2 of the said Schedule 1.

Section 4

A special constable falling within a category of special constables described in column 1 of Schedule 2 to this Order shall, on 1st April 1974, become a special constable for the new police area specified, opposite thereto in column 2 of the said Schedule 2.

Section 5

Where immediately before 1st April 1974 by virtue of—

(a) section 43(1)(a) of the Police Act 1964, or

(b) section 2 of the Police (Overseas Service) Act 1945, or

(c) section 2(1)(b) of the Police Act 1969,

a person has a right of reversion to an existing police force, that section shall apply to him in relation to any period after 31st March 1974 as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the police force for the new police area designated by the police authority for the new police area, or by agreement between the police authorities for the new police areas, as the case may be, specified in column 2 of Schedule 3 to this Order opposite to the existing police force in column 1 of the said Schedule 3 to which he is entitled to revert immediately before 1st April 1974; and references in that section to the appropriate authority shall be construed accordingly.

Section 6

(1) Any agreement between the police authorities as to the transfer of persons under the provisions of Article 3 of, and Schedule 1 to, this Order, or of Article 4 of, and Schedule 2 to, this Order, or as to the designation of a police force for a new police area to which a person is entitled to revert under the provisions of Article 5 of, and Schedule 3 to, this Order shall be subject to the approval of the Secretary of State.

(2) In default of such agreement so approved the matters requiring such agreement shall be determined by the Secretary of State.

Section 7

(1) All members of an existing police force who are transferred under the provisions of Article 3 of, and Schedule 1 to, this Order shall be deemed to have been duly appointed as members of the police force for the new police area to which they are transferred, and to have been duly attested as such, and shall hold in that force the same ranks respectively as they held immediately before 1st April 1974.

(2) All special constables who are transferred under the provisions of Article 4 of, and Schedule 2 to, this Order shall be deemed to have been appointed as special constables for the new police area to which they are transferred, and to have been duly attested as such.

(3) All police cadets who are transferred under the provisions of Article 3 of, and Schedule 1 to, this Order shall be deemed to have been appointed under Part I of the Police Act 1964 to undergo training with a view to becoming members of the police force for the new police area to which they are transferred.

Section 8

Where immediately before 1st April 1974 a member of an existing police force who is transferred under the provisions of Article 3 of, and Schedule 1 to, this order is entitled to appeal to the Secretary of State under the provisions of section 37 of the Police Act 1964 or where any such member has appealed to the Secretary of State under those provisions before that date but the appeal has not been determined, then, unless the Secretary of State otherwise directs, the disciplinary authority in respect of offences against discipline committed by members of the police force for the new police area to which he is transferred shall, on and after 1st April 1974, be the respondent for the purpose of the appeal.

Section 9

(1) Any register, or the appropriate part of any register, kept in pursuance of any enactment by the chief constable of an existing police force members of which are transferred under the provisions of Article 3 of, and Schedule 1 to, this Order shall be transferred by him as soon as may be after 1st April 1974 in accordance with the provisions of paragraph (2) of this Article, and thereafter shall be deemed to form part of the register kept by the chief constable to whom it is transferred.

(2)

(a) If all the members of an existing police force an transferred to the police force for a new police area, the register shall be transferred to the chief constable of that new police area.

(b) If members of an existing police force an transferred to the police forces for two or more new police areas, the register shall be transferred to the chief constable of any one of those new police areas selected by the first mentioned chief constable.

(c) In the case of a register transferred under the provisions of paragraph (b) above, the chief constable of a new police area to whom the register is not transferred may request the chief constable to whom it is transferred to transfer to him the part of the register pertaining to his police area.

(d) any dispute concerning the transfer of any register or part thereof may be resolved by the Secretary of State whose determination shall be final.

Section 10

Subject to the foregoing provisions of this Order, anything done before 1st April 1974 by, to or before the chief constable or police authority of an existing police area shall, as from 1st April 1974, be treated as having been done by, to or before the police authority or chief constable for the appropriate new police area.