Police Bill
This is the text of the Police Bill, as presented to the House of Commons on 23 June 1997.
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Police Bill
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A
B I L L
TO
Make provision to regulate the use of the term "Police" and related terms; to amend the law relating to the powers of certain constables; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Description of police forces and officers. |
1. - (1) It shall be unlawful for any person other than an officer of a police force for a police authority area listed in Schedule 1 to the Police Act 1996, a police force constituted under the Police (Scotland) Act 1967, an officer of the Metropolitan Police, an officer of the City of London Police, an officer of the Royal Ulster Constabulary, or an officer of a police force established otherwise than under the Police Act 1996 (and listed in the Schedule to this Act) to describe himself as-
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(2) It shall be unlawful for any organisation or body other than a police force for a police authority area listed in Schedule 1 to the Police Act 1996, a police force constituted under the Police (Scotland) Act 1967, the Metropolitan Police, the City of London Police, the Royal Ulster Constabulary, or a police force listed in the Schedule to this Act to describe itself-
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(i) as a police force; or
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(ii) as a constabulary; or
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(iii) by using the word "police" in any context.
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(3) A person may only be sworn as a constable who serves in a police force for a police authority area listed in Schedule 1 to the Police Act 1996, or a police force constituted under the Police (Scotland) Act 1967, the Metropolitan Police, the City of London Police, or the Royal Ulster Constabulary, or a police force listed in the Schedule to this Act.
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| Jurisdiction of constables of other police forces. |
2. - (1) Section 30 of the Police Act 1996 shall be amended by inserting after subsection (4) the following subsection-
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"(4A) A duly attested constable serving in a police force listed in Part I of the Schedule to the Police Act 1998 shall have all the powers and privileges of a constable throughout England and Wales but only-
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(a) where no other constable is present and available to exercise his powers as a constable and he is satisfied that the circumstances require him to exercise those powers or privileges, or |
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(b) in pursuance of a request for assistance from another police constable." |
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(2) Section 17 of the Police (Scotland) Act 1967 shall be amended by inserting after subsection (4) the following subsection-
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"(4A) A duly attested constable serving in a police force listed in Part I of the Schedule to the Police Act 1998 shall have all the powers and privileges of a constable throughout Scotland but only-
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(a) where no other constable is present and available to exercise his powers as a constable and he is satisfied that the circumstances require him to exercise those powers or privileges, or |
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(b) in pursuance of a request for assistance from another police constable." |
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(3) Section 9 of the Police Act (Northern Ireland) 1970 shall be amended by inserting after subsection (2) the following subsection-
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"(3) A duly attested constable serving in a police force listed in Part I of the Schedule to the Police Act 1998 shall have all the powers and privileges as by law for the time being in force may be exercised by or are conferred upon a member of the Royal Ulster Constabulary but only-
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(a) where no other constable is present and available to exercise his powers as a constable and he is satisfied that the circumstances require him to exercise those powers or privileges, or |
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(b) in pursuance of a request for assistance from another police constable." |
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| Power of Secretary of State in respect of police forces to which this Act applies. |
3. - (1) The Secretary of State may by order made by statutory instrument add police forces to or remove police forces from those listed in the Schedule to this Act.
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(2) An order under subsection (1) above shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
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(3) No draft order shall be laid before Parliament under subsection (2) above before the Secretary of State has consulted-
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(i) The Chief Constable or chief officer, and
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(ii) the police authority
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for the area or areas in which the police force to which the draft order relates has operated or will operate. |
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(4) Before laying a draft order before Parliament under subsection (2) above the Secretary of State shall submit any scheme for the establishment of a new police force to Her Majesty's Chief Inspector of Constabulary, who shall make a report to the Secretary of State as to whether the scheme provides for an inadequate level of control and training for officers of the proposed force.
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(5) Each police force listed in Part II of the Schedule to this Act shall be subject to an inspection by Her Majesty's Inspectors of Constabulary who shall, within two years of this Act coming into force, make a report to the Secretary of State as to whether each of those police forces has achieved satisfactory standards of management, training and control, and the Secretary of State shall lay a copy of each such report before Parliament.
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| Short title and extent. |
4. - (1) This Act may be cited as the Police Act 1998.
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(2) This Act extends to Northern Ireland.
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S C H E D U L E |
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POLICE FORCES ESTABLISHED OTHERWISE THAN UNDER THE POLICE ACT 1996 |
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PART I |
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Forces Not Subject to Inspection Under Subsection (5) of Section 3 |
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Atomic Energy Authority Constabulary |
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British Transport Police |
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Ministry of Defence Police |
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Northern Ireland Airport Police |
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Royal Parks Constabulary |
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PART II |
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Forces Subject to Inspection Under Subsection (5) of Section 3 |
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Belfast Harbour Police |
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Borough Parks Police |
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Dover Harbour Board Police |
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Falmouth Dock Police |
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Great Yarmouth Port Authority Police |
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Greenwich Parks Constabulary |
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Larne Harbour Police |
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Manchester Dock Police |
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Mersey Tunnels Police |
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Port of Bristol Police |
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Port of Felixstowe Police |
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Port of Liverpool Police |
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Port of Tilbury Police |
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Royal Borough of Kensington and Chelsea Parks Police |
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Royal Botanic Gardens Constabulary |
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Tees & Hartlepool Port Authority Harbour Police |
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Wandsworth Parks Constabulary |
