Section 42 Appointment of Commissioner of Police of the MetropolisI1
England and Wales
The Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.
A constable holds office as the Commissioner of Police of the Metropolis at Her Majesty's pleasure.
The Secretary of State may not recommend to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis unless that person F1is eligible for appointment; and, before making such a recommendation, the Secretary of State must have regard to any recommendations made by the Mayor's Office for Policing and Crime.
A person is eligible for appointment if the person is or has been—
a constable in any part of the United Kingdom, or
a police officer in an approved overseas police force, of at least the approved rank.
But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in
the police barred list maintained under section 88B of the Police Act 1996;
the British Transport Police barred list (within the meaning of section 211 of the Crime and Policing Act 2026;
the Civil Nuclear Constabulary barred list (within the meaning of that section);
the Ministry of Defence Police barred list (within the meaning of that section);
the National Crime Agency barred list (within the meaning of that section);
the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
An “approved overseas police force” is a police force which—
is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and
is designated in relation to that country or territory by the regulations.
The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations.
The College of Policing must recommend to the Secretary of State matters to be designated under this section.
The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).
The appointment of the Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.
Annotations
Textual amendments
- F1
Words in s. 42(3) substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 140(5), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(a)
- F2
S. 42(3A)-(3E) inserted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 140(6), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(a)
- F3
S. 42(3AA) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 30(3), 183(1)(5)(e); S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)
- F4
Words in s. 42(3AA) renumbered as s. 42(3AA)(a) (21.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 213(3)(a), 255(1); S.I. 2026/960, reg. 2(h)
- F5
S. 42(3AA)(b)-(f) inserted (21.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 213(3)(b), 255(1); S.I. 2026/960, reg. 2(h)
Commencement
- I1
S. 42 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1
Notes on Part 1
Modifications
- C1
Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)