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[excerpts]

The Police Act 1996

28. - (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) Without prejudice to subsection (2), 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 police authority that maintains a police force shall be treated as the employer of any police cadets undergoing training with the force.

(4) In the application of this section to the metropolitan police force, for the reference in subsection (3) to the police authority there shall be substituted a reference to the Receiver for the Metropolitan Police District.

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.

(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) is decided-

(i) where he is a member of the metropolitan police force, by the Commissioner of Police of the Metropolis, and

(ii) where he is a member 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.

(4) 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),-

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, 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.

(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.

67. - (1) Where a complaint is submitted to the chief officer of police for a police area, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.

(2) After complying with subsection (1), the chief officer shall determine whether he is the appropriate authority in relation to the member of a police force whose conduct is the subject of the complaint.

(3) If the chief officer determines that he is not the appropriate authority, he shall-

(a) send the complaint or, if it was submitted orally, particulars of it, to the appropriate authority, and

(b) give notice that he has done so to the person by whom or on whose behalf the complaint was submitted.

(4) Nothing in this Chapter shall have effect in relation to a complaint in so far as it relates to the direction or control of a police force by the chief officer of police or the person performing the functions of the chief officer of police.

(5) If any conduct to which a complaint wholly or partly relates is or has been the subject of criminal or disciplinary proceedings, none of the provisions of this Chapter which relate to the recording and investigation of complaints shall have effect in relation to the complaint in so far as it relates to that conduct.

Investigation of complaints: senior officers.

68. - (1) Where a complaint about the conduct of a senior officer-

(a) is submitted to the appropriate authority, or

(b) is sent to the appropriate authority under section 67(3),

the appropriate authority shall record and, subject to subsection (2), investigate it.

(2) If satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings, the appropriate authority may deal with the complaint according to the appropriate authority's discretion.

(3) In any other case, the appropriate authority shall appoint a member of the appropriate authority's force or of some other force to investigate the complaint.

(4) If the appropriate authority requests the chief officer of police of a police force to provide a member of his force for appointment under subsection (3), the chief officer shall comply with the request.

(5) No member of a police force of a rank lower than that of the member whose conduct is the subject of the complaint may be appointed under subsection (3).

(6) Unless an investigation under this section is supervised by the Authority under section 72, the investigating officer shall submit his report on it to the appropriate authority.

70. - (1) The appropriate authority-

(a) shall refer to the Authority-

(i) any complaint alleging that the conduct complained of resulted in the death of, or serious injury to, some other person, and

(ii) any complaint of a description specified for the purposes of this section in regulations made by the Secretary of State, and

(b) may refer to the Authority any complaint which is not required to be referred to them.

(2) The Authority may require the submission to them for consideration of any complaint not referred to them by the appropriate authority; and the appropriate authority shall comply with any such requirement not later than the end of the period specified for the purposes of this subsection in regulations made by the Secretary of State.

(3) Where a complaint falls to be referred to the Authority under subsection (1)(a), the appropriate authority shall refer it to them not later than the end of the period specified for the purposes of sub-paragraph (i) or, as the case may be, (ii) of that subsection in regulations made by the Secretary of State.

71. - (1) The appropriate authority may refer to the Authority any matter to which this section applies, if it appears to the appropriate authority that the matter ought to be referred by reason-

(a) of its gravity, or

(b) of exceptional circumstances.

(2) This section applies to any matter which-

(a) appears to the appropriate authority to indicate that a member of a police force may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and

(b) is not the subject of a complaint.

75. - (1) Nothing in this section or section 76 has effect in relation to senior officers.

(2) On receiving-

(a) a report concerning the conduct of a member of a police force who is not a senior officer which is submitted to him under section 69(9), or

(b) a copy of a report concerning the conduct of such a member which is sent to him under section 73(1),

a chief officer of police shall determine whether the report indicates that a criminal offence may have been committed by a member of the police force for his area.

(3) If the chief officer determines that the report indicates that a criminal offence may have been committed by a member of the police force for his area, he shall send a copy of the report to the Director of Public Prosecutions.

(4) After the Director has dealt with the question of criminal proceedings, the chief officer shall, in such cases as may be prescribed by regulations made by the Secretary of State, send the Authority a memorandum which-

(a) is signed by the chief officer,

(b) states whether he has brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation, and

(c) if he has not brought (or does not propose to bring) such proceedings, gives his reasons.

(5) If the chief officer considers that the report does not indicate that a criminal offence may have been committed by a member of the police force for his area, he shall, in such cases as may be prescribed by regulations made by the Secretary of State, send the Authority a memorandum to that effect which-

(a) is signed by the chief officer,

(b) states whether he has brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation, and

(c) if he has not brought (or does not propose to bring) such proceedings, gives his reasons.

(6) Where the investigation-

(a) related to conduct which was the subject of a complaint, and

(b) was not supervised by the Authority,

the chief officer shall, if he is required by virtue of regulations under subsection (4) or (5) to send the Authority a memorandum, 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.

(7) Where a chief officer has sent the Authority a memorandum under subsection (4) or (5), he shall-

(a) if the memorandum states that he proposes to bring disciplinary proceedings, bring and proceed with them, and

(b) if the memorandum states that he has brought such proceedings, proceed with them.