OpenLegislation

Section 5A Appointment and removal of chief constables.F1

England and Wales

(1)

The chief constable of a police force maintained under section 2 of this Act shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under Part II of this Act.

(2)

Without prejudice to any regulations under Part II of this Act or under the M1Police Pensions Act 1976, the police authority, acting with the approval of the Secretary of State, may call upon the chief constable to retire in the interests of efficiency or effectiveness.

(3)

Before seeking the approval of the Secretary of State under subsection (2) of this section, the police authority shall give the chief constable an opportunity to make representations and shall consider any representations that he makes.

(4)

A chief constable who is called upon to retire under subsection (2) of this section shall retire on such date as the police authority may specify or on such earlier date as may be agreed upon between him and the authority.

Annotations

Textual amendments

F1

Ss. 5, 5A substituted for s. 5 (1.4.1995) by 1994 c. 29, s. 5; S.I. 1994/3262, art. 4, Sch.

Marginal citations

M1

1976 c. 35.

Notes on the whole Act

Textual amendments

F1

Act (except ss. 37, 60-65, Sch. 5 and the provisions of Sch. 9 other than the entry relating to the Children and Young Persons Act 1933) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Ss. 37, 60-62, 64 (except subsection (2)), 65(2)-(4), Sch. 5 repealed (1.4.1999) by 1996 c. 16, s. 103(3), Sch. 9 Pt. II; S.I. 1999/533, art. 2(a)

Notes on Part I

Modifications

C1

Pt. I(ss. 1-27) restricted (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(4)(a)

Notes on Forces outside London

Textual amendments

F1

Ss. 2, 3 and crossheading preceding s. 2 substituted for s. 2, 2A, 3 (8.8.1994 to the extent s. 3 is substituted and 1.4.1995 otherwise) by 1994 c. 29, s. 2; S.I. 1994/2025, art. 4; S.I. 1994/3262, art. 4, Sch.