SCHEDULES
SCHEDULE 2Chief constables
1Introduction
This Schedule applies to the chief constables established under section 2.
Status, name etc
2
A chief constable is a corporation sole.
3
The name of the chief constable for a police force is “the Chief Constable of” with the addition of the name of the police force.
Civilian staff
4
1
The chief constable of a police force must appoint a person to be responsible for the proper administration of the police force’s financial affairs (referred to in this Part as the police force’s chief finance officer).
2
The chief constable of a police force may appoint such other staff as the chief constable thinks appropriate—
a
to enable the chief constable to exercise the chief constable’s functions, or
b
otherwise to assist the relevant police force.
3
Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a chief constable as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.
5
1
A chief constable must appoint a qualified person to act as chief finance officer, if and for as long as—
a
that post is vacant, or
b
the holder of that post is, in the chief constable’s opinion, unable to carry out the duties of that post.
2
3
A reference in any enactment to the police force’s chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).
6Remuneration etc of staff
1
A chief constable may pay remuneration, allowances and gratuities to the members of the police force’s civilian staff.
2
A chief constable may pay—
a
pensions to, or in respect of, persons who have been members of the police force’s civilian staff, and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been members of the police force’s civilian staff.
3
In this paragraph “allowances”, in relation to a member of a police force’s civilian staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
7Incidental powers
1
A chief constable may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of chief constable.
2
That includes—
a
entering into contracts and other agreements (whether legally binding or not), but only with the consent of the relevant police and crime commissioner;
b
acquiring and disposing of property, apart from land, but only with the consent of the relevant police and crime commissioner.
3
But the chief constable may not borrow money.
4
Sub-paragraph (2)(a) does not require the chief constable to obtain the consent of the relevant police and crime commissioner in order to enter into a contract or other agreement with a person—
a
by virtue of which the person becomes, or is, a member of the police force’s civilian staff, or
b
which otherwise relates to the person’s membership of that civilian staff (including the terms and conditions of the person’s membership).
5
This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.
8Damages and costs in legal proceedings
1
The following amounts must be paid out of the police fund kept by the relevant police and crime commissioner—
a
any damages or costs awarded against a chief constable in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the relevant police force’s civilian staff;
b
any costs incurred by a chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings; and
c
any sum required in connection with the settlement of any claim made against a chief constable in respect of the acts or omissions of a member of the relevant police force’s civilian staff, if the settlement is approved by the relevant police and crime commissioner.
2
A police and crime commissioner may, in such cases and to such extent as appear to the commissioner to be appropriate, pay out of the police fund kept by the commissioner—
a
any damages or costs awarded against a member of the relevant police force’s civilian staff in proceedings for any unlawful conduct of that person;
b
any costs incurred and not recovered by such a member of staff in such proceedings; and
c
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
9Disciplinary action etc
Paragraph 2 does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of chief constable.