County and Borough Police Act 1856

JurisdictionUK Non-devolved
Citation1856 c. 69
Anno Regni VICTORI, Britanniarum Regin,Decimo Nono & Vicesimo. An Act to render more effectual the Police in Counties and Boroughs inEngland and Wales .

(19 & 20 Vict.) C A P. LXIX.

[21st July 1856]

'WHEREAS an Act was passed in the Session holden in the Second and Third Years of Her Majesty (Chapter Ninety-three), ‘for the Establishment of County and District Constablesby the Authority of Justices of the Peace,’ which Act was amended by an Act passed in the Session holden in the Third and Fourth Years of Her Majesty, Chapter Eighty-eight: And whereas a Police Force has been established under the Authority of the said Acts in several Counties and Parts of Counties inEngland and Wales : And whereas by the Act of the Session holden in the Fifth and Sixth Years of King the Fourth (Chapter Seventy-six), ‘to provide for the Regulation of Municipal Corporations inEngland and Wales ,’ Provision is made for the Appointment of Constables in all Boroughs in England and Wales which are subject to that Act: And whereas, under the said secondly-mentioned Act, Power is given to Justices of Counties and Councils of Boroughs to agree for the Consolidation of the County and Borough Police Establishments: And whereas, for the more effectual Prevention and Detection of Crime, Suppression of Vagrancy, and Maintenance of good Order, it is expedient that further Provision should be made for securing an efficient Police Force throughout England and Wales :' Be it therefore 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:

S-I If Constabulary not already established for the whole of a County, Justices in General or Quarter Sessions to cause same to be established; if established in Part of County, then for Residue of County.

I If Constabulary not already established for the whole of a County, Justices in General or Quarter Sessions to cause same to be established; if established in Part of County, then for Residue of County.

I. In every County in which a Constabulary has not been already established for the whole of such County under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or either of them, the Justices of such County at the General or Quarter Sessions holden next after the First Day ofDecember One thousand eight hundred and fifty-six, shall proceed to establish a sufficient Police Force for the whole of such County, or where a Constabulary is already established in Part of such County then for the Residue of such County, and for that Purpose shall declare the Number of Constables they propose should be appointed, and the Rates of Pay which it would be expedient to pay to the Chief and other Constables, and shall report such their Proceedings to One of Her Majesty's Principal Secretaries of State; and upon the Receipt from the Secretary of State of such Rules as are mentioned in Section Three of the said Act of the Second and Third Years of Her Majesty, all the Provisions of the said Acts of the Second and Third and Third and Fourth Years of Her Majesty shall take effect and be applicable in relation to such County, in like Manner as by the said Acts provided, upon the Adoption of such Acts for any County by the Justices thereof, and the Receipt of such Rules as aforesaid from the Secretary of State, subject nevertheless to the Amendments contained in this Act.

S-II Not to apply to Counties where Report has been sent to Secretary of State under 2 & 3 Vict. c. 93.

II Not to apply to Counties where Report has been sent to Secretary of State under 2 & 3 Vict. c. 93.

II. Provided always, That the Enactment herein-before contained shall not apply to any County where, before the said General or Quarter Sessions holden next after the said First Day ofDecember , the Justices of the Peace of such County have sent to the Secretary of State such Report as is required by the said Act of the Second and Third Years of Her Majesty, in order to establish a Police Force for the whole of such County, or for such Residue thereof as aforesaid, (as the Case may be,) and the Proceedings upon and in relation to such Report, and consequent thereupon, shall and may be had and continued according to the said Acts as amended by the Enactments herein contained.

S-III Constabulary Establishments in Divisions of a County to be consolidated into One County Police Force.

III Constabulary Establishments in Divisions of a County to be consolidated into One County Police Force.

III. In any County where, after the Establishment, under the said Acts of Her Majesty or either of them, of a Constabulary for any Division or Divisions thereof, Constables have been or shall be appointed under such Acts and this Act, or any of them, for the Residue of the County, or for Divisions constituting together such Residue, there shall be One General County Police Establishment, and any Divisional Police Establishment or Establishments which may have been constituted in such County shall be consolidated with and form Part thereof, and a Chief Constable shall be appointed for such County, in like Manner and with the like Powers as in any Case where a Police Force is established for the whole County in the first instance.

S-IV Her Majesty may, by Order in Council, require separate Police Districts to be constituted in Counties.

IV Her Majesty may, by Order in Council, require separate Police Districts to be constituted in Counties.

IV. In case it appear to Her Majesty in Council, upon the Petition of Persons contributing, or who, on the Establishment of a Constabulary under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or this Act, will be liable to contribute to the Police Rate of any County, that a Distinction should be made in the Number of Constables to be appointed to keep the Peace in different Parts of such County, it shall be lawful for Her Majesty, by the Advice of Her Privy Council, to order and require the Justices of such County to exercise the Powers given by the said Act of the Third and Fourth Years of Her Majesty, for the Division of such County into Police Districts; and the said Justices shall thereupon, in manner directed by such Act, and subject to such Approval as therein mentioned, divide such County into such Police Districts as shall appear to them most convenient, and declare the Number of Constables which ought to be appointed for each Police District; and the Extent of such Districts, and the Number of Constables appointed for each, may be altered as in the said Act provided; and the Expenses to be defrayed by each such Police District shall be ascertained in the Manner provided by the said last-mentioned Act, and the Police Rates assessed and levied therein accordingly: Provided, that Notice of every such Petition, and of the Time when it shall please Her Majesty to order that the same be taken into consideration by Her Privy Council, shall be published in theLondon Gazette One Month at least before such Petition shall be considered.

S-V Her Majesty in Council, on Representations from Boroughs, may arrange Terms of Consolidation with Counties.

V Her Majesty in Council, on Representations from Boroughs, may arrange Terms of Consolidation with Counties.

V. In case it be represented to One of Her Majesty's Principal Secretaries of State by the Council of any Borough, that Application has been made by such Council to the Justices of any County in or adjoining to which such Borough is situate, to consolidate the Police of such County and Borough in the Manner provided by the Fourteenth Section of the said Act of the Third and Fourth Years of Her Majesty, and that such Consolidation has not been effected, it shall be lawful for such Principal Secretary of State to inquire into the Terms of Consolidation proposed, and to report thereon to Her Majesty in Council; and it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to fix the Terms and Conditions and Date upon and from which such Consolidation shall take effect, and thereupon the Provisions of such last-mentioned Act shall become applicable as if such Consolidation had been effected by an Agreementmade under the said Section, save so far as such Provisions relate to the Determination of such Agreement; and it shall be lawful for Her Majesty, with the Advice of Her Privy Council, at any Time and from Time to Time to vary the Terms of any such Consolidation, or at any Time to determine such Consolidation upon such Terms as to Her Majesty in Council may seem just.

S-VI County Constables to have the like Powers, &c. in Boroughs as Borough Constables have in the County.

VI County Constables to have the like Powers, &c. in Boroughs as Borough Constables have in the County.

VI. The Constables of every County appointed under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or either of them, or this Act, shall have, in every Borough situate wholly or in part within such County, or within any County or Part of a County in which they have Authority, all such Powers and Privileges and be liable to all such Duties and Responsibilities as the Constables appointed for such Borough have and are liable to within any such County, and shall obey all such lawful Commands as they may from Time to Time receive from any of the Justices of the Peace having Jurisdiction within any such Borough in which they shall be called on to act as Constables, for conducting themselves in the Execution of their Office.

S-VII Constables to perform Duties connected with the Police as directed by Justices, &c.

VII Constables to perform Duties connected with the Police as directed by Justices, &c.

VII. The Constables acting under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, the Fifth and Sixth Years of KingWilliam the...

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