Police (Scotland) Act 1946
| Jurisdiction | UK Non-devolved |
| Citation | 1946 c. 71 |
| Year | 1946 |
Police (Scotland) Act, 1946
(9 & 10 Geo. 6.) 71.
An Act to provide for the amalgamation of police forces in Scotland; to provide for the payment out of moneys provided by Parliament of grants towards police expenditure in Scotland; to amend the law relating to the provision of buildings and acquisition of land in Scotland for police purposes; and for purposes connected with the matters aforesaid.
[6th November 1946]
B E it enacted by the King'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:—
Amalgamation of Police Forces.
1 Voluntary schemes for amalgamation of police forces.
(1) If it appears to the police authorities for any two or more police areas that it is expedient that those areas should be amalgamated for police purposes, they may for that purpose submit to the Secretary of State a scheme (hereinafter referred to as an ‘amalgamation scheme’) and the Secretary of State may by order approve any scheme so submitted to him.
(2) Subject to the provisions of this Act, an amalgamation scheme shall make provision with regard to the following matters:—
(a ) the establishment of a combined police force for the combined area, the appointment of a chief constable of that force, and the transfer to that force of members of the constituent forces;
(b ) the constitution for the administration and maintenance of that force of a joint police committee consisting of such number of persons, being members of the constituent authorities, as may be specified in the scheme;
(c ) the delegation to the joint police committee of the whole functions relating to police of the constituent authorities (except the power to levy a rate and such other function as may be specified in the scheme);
(d ) the payment by the constituent authorities in such proportions as may be specified in the scheme of the expenditure incurred in the administration and maintenance of the combined force;
(e ) the audit of the accounts of the joint police committee by an auditor appointed by the Secretary of State and the application to such audit of the provisions of the Third Schedule to the Local Government (Scotland) Act, 1929 ;
(3) Subject to the provisions of this Act, an amalgamation scheme may make provision with regard to all or any of the following matters:—
(a ) the transfer of property, rights and liabilities;
(b ) the adjustment of liabilities between the constituent authorities;
(c ) the settlement of differences between the constituent authorities;
(d ) the transfer to the joint police committee of officers of any of the constituent authorities;
(e ) the furnishing, on such terms and conditions as may be specified in the scheme, by one of the constituent authorities of any service connected with the administration and maintenance of the combined force;
(f ) any other matters incidental to or consequential on the provisions contained in the scheme.
(4) The expenses incurred by a constituent authority for the purpose of the payment of the expenditure incurred in the administration and maintenance of the combined force shall be defrayed in like manner as expenses of that authority for the purposes of their functions relating to police would have required to be defrayed if the amalgamation scheme had not been made.
(5) The Secretary of State may, after consultation with the police authorities concerned, by order provide for the incorporation of a joint police committee with perpetual succession and a common seal and for conferring on such a committee power to hold land, or to borrow money.
(6) The enactments relating to county police shall apply to the combined area constituted by an amalgamation scheme applying to counties only, and the enactments relating to burgh police shall apply to a combined area constituted by an amalgamation scheme applying to burghs only, and a scheme applying to counties and to burghs shall contain provision for the application to the combined area constituted thereby either of the enactments relating to county police or of the enactments relating to burgh police.
(7) An amalgamation scheme constituting a combined area to which the enactments relating to county police apply is hereinafter referred to as a ‘county scheme’ and an amalgamation scheme constituting a combined area to which the enactments relating to burgh police apply is hereinafter referred to as a ‘burgh scheme’.
(8) For the purposes of the Local Government Superannuation (Scotland) Act, 1937 , the appropriate superannuation fund in relation to the contributory employees of a joint police committee shall be the superannuation fund of such one of the constituent authorities as may be determined by or under the amalgamation scheme.
(9) The provisions of the First Schedule to this Act shall have effect for the purpose of adapting the enactments relating to police in their application to a combined area.
2 Power of Secretary of State to make amalgamation schemes.
(1) Subject to the provisions of this section, if it appears to the Secretary of State that the expediency in the interests of efficiency of making an amalgamation scheme for any police areas should be considered and no scheme satisfactory to him has been submitted to him by the police authorities for those areas under section one of this Act before such date as he may fix, the Secretary of State may in accordance with the subsequent provisions of this section by order make such scheme as he considers expedient, and the provisions of section one of this Act shall apply in relation to any such scheme as they apply in relation to schemes made under that section.
(2) Before making a scheme under this section the Secretary of State shall give to the police authorities concerned notice of the general nature of the proposed scheme; and unless those authorities give notice to the Secretary of State that they assent thereto, the Secretary of State shall publish in one or more newspapers circulating in the areas of the authorities a notice of the general nature of the proposed scheme and shall cause a local inquiry to be held by a person appointed by him (not being an officer of police or of any government department), and the provisions of the Second Schedule to this Act shall have effect with regard to any such inquiry.
(3) The Secretary of State shall lay before each House of Parliament, a draft of any scheme proposed to be made by him under this section, and, where a local inquiry has been held under this section with respect thereto, shall lay together with the draft a copy of the report of the person by whom the inquiry was held; and if either House within the period of forty days beginning with the day on which the draft scheme is laid before it resolves that the scheme be not made, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft scheme.
In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.
3 Transitory provisions etc.
(1) The transitory provisions set out in the Third Schedule to this Act shall have effect in relation to any alteration of police areas effected by virtue of an amalgamation scheme.
(2) Where, immediately before the date on which an amalgamation scheme came into force, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of the scheme, those proceedings may be carried on thereafter with the substitution, for that authority, of the authority to whom the property, rights or liabilities are so transferred.
4 Amendment and revocation of amalgamation schemes.
(1) An amalgamation scheme made under section one or section two of this Act may be amended or revoked by a subsequent scheme made under either of those sections and the foregoing provisions of this Act, including the provisions of the First, Second and Third Schedules to this Act, shall, so far as applicable, have effect in relation to any such amending or revoking scheme subject to any necessary modifications and to the following provisions of this section.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, provision may be made by any such subsequent scheme—
(a ) for the division of the combined area into any two or more police areas, being either counties or burghs or combined areas constituted by the subsequent scheme, or for the inclusion in the combined area of any other police area;
(b ) for the dissolution and winding up of any joint police committee constituted under the original scheme, or for the reconstitution of any such committee;
(c ) for the transfer or retransfer to such police forces as may be determined by the subsequent scheme of members of the combined force;
(d ) for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the joint police committee;
(e ) for any other matters incidental to or consequential on the provisions of the subsequent scheme.
5 Adaptation of local Acts relating to police.
(1) Where, by any local Act in force with respect to an area which ceases to be a separate police area by virtue of an amalgamation scheme, provision is made for conferring or imposing special powers or duties on the police, the Secretary of State may by order adapt the local Act so far...
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