SCHEDULES

SCHEDULE 2Chief constables

Section 2

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

For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 4.

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.