Duties
Summary of Police Authority Statutory Duties / Responsibilities
Police Authorities' three key functions are:
- To secure an efficient and effective police service (Section 6, Police Act 1996)
- To secure best value i.e., continuous improvement in the way [their functions] are exercised having regard to economy, efficiency and effectiveness (Section 3, Local Government Act 1999)
- To make arrangements for obtaining:
- The views of [local] people [about] the policing of their area; and
- The co-operation [of local people] in preventing crime (Section 96, Police Act 1996)
Authorities have a wide range of statutory duties which underpin these functions. The following is not an exhaustive list - in particular, it does not detail procedural matters under local government legislation or those relating to the appointment or responsibilities of police authority officers / staff under police / local government legislation. Instead, it focuses on key responsibilities that police authorities are required to fulfil as part of their functions. These are:
- To determine the local priorities for policing - after consulting local people and the Chief Constable. (Section 7, Police Act 1996)
- To publish a rolling 3 year policing plan including Ministerial Priorities, local policing objectives and any performance targets set by the authority. (Section 8, Police Act 1996 & Section 6, LGA 1999 and associated regulations)
- To report back to the community at the end of the year on the extent to which the policing / best value performance plan has been met. (Section 9, Police Act 1996)
- To appoint and dismiss the Chief Constable subject to the approval of the Secretary of State (Section 11, Police Act 1996)
- To appoint and dismiss Assistant Chief Constables and be consulted on the designation of a Deputy Chief Constable (Section 12, Police Act 1996 and Police Regulations)
- To hold the Police Fund and maintain accounts (Section 14, Police Act 1996)
- To agree the police budget and set the precept (Section 19, Police Act 1996 and Section 40, Local Government Finance Act 1992)
- To nominate one or more members of the authority to answer questions on the discharge of the authority's functions at a meeting of a relevant council when given reasonable notice of this by the council (Section 20, Police Act 1996)
- To collaborate with other police authorities to provide jointly equipment, premises, or other material or facilities, where appropriate (Section 23, Police Act 1996)
- To decide the charges for the provision of special police services (Section 25, Police Act 1996)
- To provide advice and assistance to an international organisation, institution or a police body outside the UK (includes secondment of police officers), subject to the consent of the Home Secretary (Section 26, Police Act 1996). The authority can charge for such advice / assistance.
- To comply with any direction given by the Secretary of State on performance targets for Ministerial Priorities (Section 38, Police Act 1996)
- To comply with any Codes of Practice issued by the Secretary of State relating to the discharge of police authority functions (section 39, Police Act 1996)
- To comply with any direction made by the Secretary of State following an adverse report by HMIC i.e., that the force is not, or will cease to be, effective or efficient (Section 40, Police Act 1996)
- To comply with any direction made by the Secretary of State as to the budget requirement (Section 41, Police Act 1996)
- To comment on any HMIC report on the force and any comments made by the chief officer about the report and to publish those comments (Section 55, Police Act 1996)
- To investigate complaints about the conduct of ACPO officers (Section 68, Police Act 1996) or where appropriate refer complaints to the Police Complaints Authority (Section 70, Police Act 1996).
- To keep itself informed of the workings of the complaints and discipline procedures (Section 77, Police Act 1996)
- To have regard to any guidance issued by the Home Secretary on complaints or disciplinary matters (Sections 83 & 87, Police Act 1996)
- To pay out of the Police Fund, in such cases and to such extent as it thinks appropriate, any damages or costs awarded against the police in respect of torts or in relation to the settlement of a claim (Section 88, Police Act 1996)
- To receive grants from any local council which falls wholly or partly within the authority area either unconditionally or, subject to conditions agreed with the chief officer of police (Section 92, Police Act 1996)
- To approve the acceptance of gifts of money or gifts and loans of other property, including commercial sponsorship of any activity of the authority or force on such terms as appear to it to be appropriate (Section 93, Police Act 1996)
- To co-operate with the ‘responsible authorities' in formulating and implementing crime and disorder audits and strategies for each district / unitary in its area (Section 5, Crime & Disorder Act 1998)
- To exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area (Section 17, Crime & Disorder Act 1998)
- To comply with the requirements of the Freedom of Information Act 2000
- To have due regard for the need to:
- Eliminate unlawful racial discrimination
- Promote equality of opportunity and good relations of persons of different racial groups (Section 2, Race Relations (Amendment) Act 2000)
- To maintain an effective Independent Custody Visitors scheme