Police Act 1996
Act of the Parliament of the United Kingdom
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The Police Act 1996 (c. 16) is an act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and the English and Welsh territorial police forces. It replaced the Police and Magistrates' Courts Act 1994, which in turn had replaced the Police Act 1964 (c. 48).
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Long titleAn Act to consolidate the Police Act 1964, Part IX of the Police and Criminal Evidence Act 1984, Chapter I of Part I of the Police and Magistrates' Courts Act 1994 and certain other enactments relating to the police.
Territorial extent[b]
Royal assent22 May 1996
| Act of Parliament | |
| |
| Long title | An Act to consolidate the Police Act 1964, Part IX of the Police and Criminal Evidence Act 1984, Chapter I of Part I of the Police and Magistrates' Courts Act 1994 and certain other enactments relating to the police. |
|---|---|
| Citation | 1996 c. 16 |
| Territorial extent | [b] |
| Dates | |
| Royal assent | 22 May 1996 |
| Commencement | 22 August 1996[c] |
| Other legislation | |
| Amends | |
| Repeals/revokes | |
| Amended by | List
|
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Police Act 1996 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Contents
Part I Organisation of Police Forces
Sections 1 to 35 concern the national and regional organisation of the police force, with slightly differently applicable rules inside and outside London. The National Police Chiefs' Council is regulated under Section 22a.[1]
Part II Central Supervision, Direction and Facilities
Sections 36 to 58 concern the functions of the Secretary of State in setting the police forces' objectives, handling budgets, and making more detailed regulations.
Part III Police Representative Institutions
Sections 59 to 64 concern the Police Federation of England and Wales and related rules. Section 64 contains the prohibition, in place since the Police Act 1919 (9 & 10 Geo. 5. c. 46), on police becoming members of a trade union which can take strike action, under the Trade Union and Labour Relations (Consolidation) Act 1992. The Police Federation was thought to be a substitute, given the potential for civil unrest that might develop if police stopped working to go on strike. This was thought to make the police exceptional, and as an alternative, a system of arbitration to resolve workplace disputes was instituted. The constitution of the Police Federation is set out in the amended Police Federation Regulations 1969 (SI 1969/1787).[2]
Part IV Complaints, disciplinary proceedings etc.
Sections 65 to 88 concern the rules of the Police Complaints Authority, handling complaints made against the police, and procedures for disciplinary hearings and dismissal of officers.
Part V Miscellaneous and General
Section 89(1) creates the offence of assaulting a constable in the execution of his duty. Subsequently, the Assaults on Emergency Workers (Offences) Act 2018 increased the maximum sentence on summary conviction to 12 months.[3]
Repealed enactments
Section 103(3) of the act repealed 19 enactments and revoked 14 instruments, listed in parts I and II, and part III of schedule 9 to the act, respectively.[4]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 23 Geo. 5. c. 12 | Children and Young Persons Act 1933 | In section 107(1), in the definition of "Chief officer of police" the words "as regards England has the same meaning as in the Police Act 1964,". |
| 1964 c. 48 | Police Act 1964 | The whole act (except sections 37 and 60 to 65, Schedule 5 and the provisions of Schedule 9 other than the entry relating to the Children and Young Persons Act 1933). |
| 1967 c. 77 | Police (Scotland) Act 1967 | In Schedule 4, the paragraphs under the heading "The Police Act 1964". |
| 1971 c. 56 | Pensions (Increase) Act 1971 | In Schedule 2, in paragraph 51 the words "other than a local authority". |
| 1972 c. 39 | Police Act 1972 | The whole act. |
| 1972 c. 70 | Local Government Act 1972 | Section 196. |
| 1976 c. 35 | Police Pensions Act 1976 | In Schedule 2, paragraph 5. |
| 1977 c. 45 | Criminal Law Act 1977 | In Schedule 1, paragraph 18. In Schedule 6, the entry headed "Police Act 1964". |
| 1980 c. 10 | Police Negotiating Board Act 1980 | The whole act. |
| 1982 c. 48 | Criminal Justice Act 1982 | In Schedule 3, the entry headed "the Police Act 1964". |
| 1984 c. 60 | Police and Criminal Evidence Act 1984 | In section 64(6B), the definition of "chief officer of police" and the word "and" immediately after it. Sections 106, 109 and 112. |
| 1988 c. 41 | Local Government Finance Act 1988 | Sections 64(7)(e) and (f) and 144(4). |
| 1989 c. 11 | Police Officers (Central Service) Act 1989 | Sections 1 and 3. The Schedule. |
| 1994 c. 29 | Police and Magistrates' Courts Act 1994 | Sections 1 to 26, 28, 29, 32, 34 to 38, 45 and 95. |
| Schedules 1 to 3. | ||
| In Schedule 4, paragraph 6. | ||
| In Schedule 5, paragraphs 1 to 16, 21, 22, 24(b), 25 to 28, 31 to 34, 39(a) and 40(2). | ||
| In Schedule 9, in Part I, the entries relating to sections 53(1), 60(1) and 60(2) of the Police Act 1964. | ||
| In Schedule 9, in Part I, the entries relating to the Police and Criminal Evidence Act 1984 (except for the entries relating to section 108 of, and Schedules 4 and 6 to, that Act). | ||
| In Schedule 9, in Part I, the entry relating to the Courts and Legal Services Act 1990. | ||
| 1994 c. 33 | Criminal Justice and Public Order Act 1994 | Section 141. |
| Section 160(1). | ||
| In Schedule 10, paragraphs 13, 14, 17 and 27. |
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1964 c. 48 | Police Act 1964 | Section 37. |
| Sections 60 to 62. | ||
| Section 64 (except subsection (2)). | ||
| Section 65(2) to (4). | ||
| Schedule 5. | ||
| 1984 c. 60 | Police and Criminal Evidence Act 1984 | Section 67(8). |
| Sections 83 to 105. | ||
| Schedule 4. | ||
| 1990 c. 41 | Courts and Legal Services Act 1990 | In Schedule 10, paragraph 22. |
| 1994 c. 29 | Police and Magistrates' Courts Act 1994 | In Schedule 5, in paragraph 24 the opening words and sub-paragraph (a). |
| In Schedule 5, paragraphs 29, 30 and 36. |
| Citation | Title | Extent of revocation |
|---|---|---|
| SI 1995/493 | Avon (Structural Change) Order 1995 | Article 13. |
| SI 1995/600 | Humberside (Structural Change) Order 1995 | Article 11. |
| SI 1995/610 | North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 | Article 12. |
| SI 1995/1747 | Cleveland (Further Provision) Order 1995 | Article 4. |
| SI 1995/1769 | Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1770 | East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 | Article 7. |
| SI 1995/1771 | Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1772 | Durham (Borough of Darlington) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1773 | Derbyshire (City of Derby) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1774 | Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1775 | Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1776 | Bedfordshire (Borough of Luton) (Structural Change) Order 1995 | Article 5. |
| SI 1995/1779 | Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 | Article 7. |
| SI 1996/507 | Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 | Article 5. |