Page:Police and Criminal Evidence Act 1984.pdf/98

92c. 60

subsection (1) above may be discharged by a deputy chief constable in any case—
 * (a) which is within subsection (2)(b) above;
 * (b) in which the decision that a disciplinary charge is to be brought is taken, in accordance with the regulations, by an assistant chief constable; and
 * (c) in which it appears appropriate to the chief constable so to direct.

(6) In subsection (5) above the reference to functions under subsection (1) above does not include the functions mentioned in section 94(3) above.

(7) If regulations provide by virtue of subsection (5) above that any of the functions of a chief constable may be discharged by a deputy chief constable, they may provide that the deputy chief constable shall have power or shall be under a duty to remit any matter to the chief constable in such circumstances as the regulations may specify.

(8) If regulations provide as mentioned in subsection (5) above, they shall also provide—
 * (a) that a deputy chief constable shall have power to punish only by way of reduction in rate of pay, fine, reprimand or caution;
 * (b) that a police officer dealt with by a deputy chief constable may appeal to the chief constable; and
 * (c) that on such an appeal the chief constable shall have no power to award a punishment greater than the punishment awarded by the deputy chief constable.

(9) Subsections (2) to (8) above shall apply in the case of the City of London police force as they apply in the case of a police force maintained under section 1 of the Police Act 1964 but with the substitution—
 * (a) subject to paragraph (b) below, for references to a deputy chief constable or an assistant chief constable of references to an assistant commissioner of police for the City of London and any officer holding a rank appearing to the Secretary of State to correspond to that of assistant chief constable in a force maintained under that section;
 * (b) for the reference in subsection (5) to a deputy chief constable of a reference to an officer of the City of London police force holding a rank such as is mentioned in paragraph (a) above but who is not the officer who has taken the decision mentioned in paragraph (b) of that subsection; and