Police (Scotland) Act 1857
| Jurisdiction | UK Non-devolved |
| Citation | 1857 c. 72 |
| Year | 1857 |
(20 & 21 Vict.) C A P. LXXII.
[25th August 1857]
'WHEREAS an Act was passed in the Eleventh Year of KingGeorge the First (Chapter Twenty-six), ‘form more effectual disarming the Highlands in that Part of Great Britain called , and for the better securing the Peace and Quiet of that Part of the Kingdom,’ whereby the Free-holders of every Shire, County, or District inScotland were authorized to assess the several Shires or Stewartries for raising a sufficient Fund to defray the Charges of apprehending, subsisting, and prosecuting Criminals; and another Act was passed in the Session of Parliament holden in the Second and Third Years of King William the Fourth (Chapter Sixty-five), ‘to amend the Representationof the People inScotland ,’ whereby the Collection and Application of the said Fund commonly called ‘Rogue Money’ was transferred from the Freeholders to the Commissioners of Supply; and another Act was passed in the Session of Parliament holden in the Second and Third Years of Her Majesty (Chapter Sixty-five), ‘to amend the Modeof assessing the Rogue Money inScotland , and to extend the Purposes of such Assessment,’ whereby the Commissioners of Supply of any County were authorized to levy with and as Part of the Rogue Money an additional Assessment for the Maintenance of a Constabulary or Police Force in such County, and such additional Assessments have been levied and such Force has been established in some Counties in Scotland : And whereas an Act was passed in the Session of Parliament holden in the Third and Fourth Years of King William the Fourth ( ChapterForty-six), ‘to enable Burghs inScotland to establish a general System of Police,’ which Act was subsequently amended by an Actpassed in the Session of Parliament holden in the Tenth and Eleventh Yearsof Her Majesty (Chapter Thirty-nine); and an Act was passed in the Session of Parliament holden in the Thirteenth and Fourteenth Years of Her Majesty (Chapter Thirty-three), ‘to make more effectual Provision for regulating the Police of Towns and populous Places inScotland , and for paving, draining, cleansing, lighting, and improving the same;’ and the Three last-recited Acts have been adopted in whole or in part in some Burghs in Scotland : And whereas it is expedient that further and other Provision be made for securing an efficient Police Force throughout Scotland :' 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:
I Commissioners of Supply to establish Police Force.
I. On the Twenty-ninth Day ofSeptember , or on some other Day thereafter not later than the Thirty-first Day of October One thousand eight hundred and fifty-seven the Commissioners of Supply of every County in Scotland shall hold a Meeting on such Day and at such Hour and Place as may be publicly notified by the Convener of the Commissioners of Supply by Advertisement at least Twenty-one Days previous to such Meeting in the Edinburgh Gazette and in some One or more Newspapers published in such County, or, if there be no such Newspaper, then in some One or more Newspapers published in an adjoining County or Counties, and at such Meeting or at any Adjournment thereof (not later than the said Thirty-first Day of October ) the said Commissioners of Supply shall proceed to establish, from and after the Fifteenth Day of March One thousand eight hundred and fifty-eight, a sufficient Police Force for 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 in Writing to One of Her Majesty's Principal Secretaries of State.
II Commissioners of Supply to appoint Police Committee to carry Act into execution.
II. The Commissioners of Supply of every County shall at their First Meeting for the Purposes of this Act, or at any Adjournment thereof as aforesaid, on the Twenty-ninth Day ofSeptember , or on some other Day thereafter not later than the Thirty-first Day of October , and in all subsequent Years at their statutory Meeting on the Thirtieth Day of April , appoint certain of their own Number, being not more than Fifteen and not less than Three, which Persons so appointed, along with Her Majesty's Lieutenant and the Sheriff of the County (or, in the Absence of such Sheriff, One of his Substitutes to be by him nominated for that Purpose), shall be called ‘The Police Committee,’ to manage and transact all or any Matters which such Police Committee is hereby required or authorized to do, execute, or perform; and every such Committee shall also have such or so many of the Powers and Authorities and Discretion by this Act given to and reposed in such Commissioners of Supply as such Commissioners of Supply shall think proper to delegate to such Committee; and such Police Committee shall elect One of their own Number to be their Chairman, and any Three Members of such Police Committee shall be a Quorum, and entitled to exercise all be Powers of such Police Committee; and at all Meetings of such Police Committee the Majority present and voting shall rule the Decision; and where the Votes of those present shall be equal the Chairman of the Police Committee, or in his Absence any Member chosen by said Committee to be Preses of the Meeting, shall have a Casting Vote in addition to his own Vote; and such Committee may from Time to Time appoint Sub-Committees with such of the Powers of the said Committee as they may think fit.
III Rules for Government, Pay, &c. of Constables to be made by Secretary of State.
III. Rules for the Government, Pay, Clothing, and Accoutrements and Necessaries of such Constables as may be appointed under this Act shall from Time to Time be made by One of Her Majesty's Principal Secretaries of State, but not so as to increase the Number of Men proposed to be appointed; and the Rules so made shall be sent to the Clerk of Supply for every County, and shall be by him communicated to the Chairman of the Police Committee, the Sheriff Clerk, and Justice of Peace Clerk of such County respectively; and it shall be lawful for such Secretary of State, upon the Representation of the Commissioners of Supply of the County setting forth any special Reasons, from Time to Time to suspend any Part of such Rules, or to amend or add to such Rules, so as to make them applicable to the special Circumstances of such County; and all such Rules shall be binding on all Persons whom they may concern; and Copies of all such Rules shall be lad before both Houses of Parliament within Six Weeks after the making thereof, if Parliament be then sitting, and if Parliament be not then sitting then within Six Weeks after the next Meeting of Parliament.
IV Chief Constable of the County to be appointed;
IV. As soon as any such Rules, as finally settled, shall have been received from the Secretary of State, the Chairman of the Police Committee of the County shall call a Meeting of the said Committee on not less than Ten or more than Twenty Days Notice, and at such Meeting or at any Adjournment thereof such Police Committee shall, subject to the Approval of One of Her Majesty's Principal Secretaries of State, appoint a Person duly qualified according to the Rules to be Chief Constable of the County from and after the said Fifteenth Day ofMarch One thousand eight hundred and fifty-eight; and in every Case of Vacancy of the Office of Chief Constable the Chairman of the Police Committee shall call a Meeting of the Police Committee as aforesaid, and at such Meeting or at any Adjournment thereof such Police Committee shall, subject to the like Approval, appoint a fit Person to be Chief Constable;and every Chief Constable may hold his Office until dismissed by the Police Committee; and it shall be lawful to appoint the same Chief Constable for Two or more adjoining Counties, if the Commissioners of Supply of such Counties shall agree to join in such Appointment.
V Number of Constables may be increased or diminished.
V. It shall be lawful for the Commissioners of Supply, on the Recommendation of the Police Committee of any County, from Time to Time, with the Consent of One of Her Majesty's Principal, Secretaries of State, to increase or diminish the Number of Constables appointed under this Act for such County.
VI Chief Constable to appoint the other Constables.
VI. The Chief Constable shall, subject to the Approval of the Police Committee, appoint the other Constables to be appointed for the County, and a Superintendent to be at the Head of the Constables in each Division of the County, and may dismiss all or any of them, and shall have the general Disposition and Government of all the Constables so to be appointed, subject to such lawful Orders as he may receive from the Sheriff, or from the Justices of the Peace in General or Quarter Sessions assembled, and to the Rules established for the Government of the Force in Terms of this Act: Provided always, that in the Case of any conflicting Orders being issued by the Sheriff and Justices of the Peace assembled as aforesaid, the Orders of the Sheriff shall be followed by the Chief Constable, until the Decision of One of Her Majesty's Principal Secretaries of State shall be pronounced on the Subject...
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