Page:Police and Criminal Evidence Act 1984.pdf/97

Rh

Amendments of discipline provisions

101.—(1) Regulations under section 33(2)(e) of the Police Act 1964 (discipline regulations) shall provide—
 * (a) for the determination of questions whether offences against discipline have been committed;
 * (b) for racially discriminatory behaviour to be made a specific disciplinary offence; and
 * (c) for members of police forces who are found to have committed such offences to be punished by way of dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.

(2) In the case of a police force maintained under section 1 of that Act (county or combined police force) the regulations shall provide for the functions mentioned in subsection (1)(a) or (c) above to be discharged—
 * (a) in relation to the chief constable, any deputy chief constable and any assistant chief constable, by the police authority;
 * (b) in relation to any other member of the police force, by the chief constable,

but subject, in a case within paragraph (b) of this subsection, to section 94 above and the following provisions of this section.

(3) The regulations shall provide for the functions mentioned in subsection (1)(a) and (c) above to be discharged by another chief officer of police if, in a case within subsection (2)(b) above, the chief constable—
 * (a) is interested in the case otherwise than in his capacity as such; or
 * (b) is a material witness.

(4) Without prejudice to subsection (3) above, the regulations may, as respects any case within subsection (2)(b) above, provide—
 * (a) for enabling a chief constable, where he considers it appropriate to do so, to direct that his function under subsection (1)(a) above shall be discharged by another chief officer of police; and
 * (b) where such a direction is given, for the function mentioned in subsection (1)(c) above to be discharged by the chief constable after considering any recommendation as to punishment made by the other chief officer of police.

(5) Subject to subsection (6) below, the regulations may provide for enabling a chief constable to direct that his functions under D