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An Act to make fresh provision for the Ministry of Defence Police.
[5th March 1987]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
I1Act not in force at Royal Assent see s. 8(2); Act wholly in force at 5.5.1987
(1)There shall be a police force to be known as the Ministry of Defence Police and consisting—
(a)of persons nominated by the Secretary of State; and
(b)of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act M1 1923 on the nomination of the Defence Council.
(2)A person nominated under subsection (1) above shall—
(a)in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under [F1the Police Act 1996] before a justice of the peace;
(b)in Scotland make the declaration required of a person on appointment to the office of constable of a police force maintained under the Police (Scotland) Act M2 1967 before a person before whom such a declaration may be made by a person appointed to that office; and
(c)in Northern Ireland be attested as a constable by [F2making the declaration] required of a member of the Royal Ulster Constabulary before a justice of the peace.
(3)The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.
(4)The Secretary of State shall have power—
(a)to suspend a member of the Ministry of Defence Police from duty; and
(b)to terminate a person’s membership.
(5)The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee, to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require and may make regulations concerning membership and the procedure of the Committee.
(6)The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words in s. 1(2)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 41
F2Words in s. 1(2)(c) substituted (9.2.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 16; S.R. 1999/48, art. 3 (with art. 4)
M11923 c. 11.
M21967 c. 77.
(1)In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.
(2)The places to which this subsection applies are—
(a)land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—
(i)the Secretary of State for Defence;
(ii)the Defence Council;
(iii)a headquarters or defence organisation; or
(iv)the service authorities of a visiting force;
(b)land, vehicles, vessels, aircraft and hovercraft which are—
(i)in the possession, under the control or used for the purposes of an ordnance company; and
(ii)used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;
(c)land, vehicles, vessels, aircraft and hovercraft which are—
(i)in the possession, under the control or used for the purposes of a dockyard contractor; and
(ii)used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.
(3)Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply F2. . .—
(a)in relation to Crown property, international defence property, ordnance property and dockyard property;
(b)in relation to persons—
(i)subject to the control of the Defence Council;
(ii)employed under or for the purposes of the Ministry of Defence or the Defence Council; or
(iii)in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act M1 1952;
[F3(ba)in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;]
(c)in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and
(d)for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above.
[F4(3A)Where a member of the Ministry of Defence Police has been requested by a constable of—
(a)the police force for any police area;
(b)the Police Service of Northern Ireland;
(c)the British Transport Police Force; or
(d)the United Kingdom Atomic Energy Authority Constabulary,
to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.
(3B)Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—
(a)if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;
(b)if it was made under paragraph (b) of that subsection, only in Northern Ireland;
(c)if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or
(d)if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the United Kingdom Atomic Energy Authority Constabulary.
(3C)Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—
(a)in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or
(b)if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.
(3D)But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—
(a)they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and
(b)they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.]
(4)Subsections (1) [F5to (3D)] above shall have effect in the territorial waters adjacent to the United Kingdom F6. . ., but as if the references in [F7those subsections] to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.
(5)In this section—
“appropriate Gazette” means—
in relation to land in England or Wales, the London Gazette;
in relation to land in Scotland, the Edinburgh Gazette, and
in relation to land in Northern Ireland, the Belfast Gazette;
[F8“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“Crown property” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control;
“designated services” means services designated under subsection (1) of section 1 of the Dockyard Services Act M2 1986;
“dockyard contractor” means a company which is a dockyard contractor as defined by subsection (13) of that section;
“dockyard property” means property which—
(a)belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b)is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes;
“headquarters”, “defence organisation” and “visiting force” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order M3 1965, or any order replacing that Order, applies;
“international defence property” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force;
“ordnance company” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act M4 1984;
“ordnance property” means property which—
(a)belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b)is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes;
“service authorities” means naval, military or air force authorities;
[F9“United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority;] and
“vessel” includes any ship or boat or any other description of vessel used in navigation.
F1S. 2(2)(d) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(2), 125, 127(2)(i)(iii), Sch. 8 Pt. 6; S.I. 2001/4104, art. 2(a)(e)
F2Words in s. 2(3) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 125, 127(2)(i)(iii), Sch. 8 Pt. 6; S.I. 2001/4104, art. 2(e)
F3S. 2(3)(ba) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(3), 127(2)(e); S.I. 2001/4104, art. 2(a)
F4S. 2(3A)-(3D) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(4), 127(2)(e); S.I. 2001/4104, art. 2(a)
F5Words in s. 2(4) substituted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(5)(a), 127(2)(e); S.I. 2001/4104, art. 2(a)
F6Words in s. 2(4) repealed (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 125, 127(2)(i)(iii), Sch. 8 Pt. 6; S.I. 2001/4104, art. 2(e)
F7Words in s. 2(4) substituted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(5)(b), 127(2)(e); S.I. 2001/4104, art. 2(a)
F8Definition of “British Transport Police Force” in s. 2(5) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(6)(a), 127(2)(e); S.I. 2001/4104, art. 2(a)
F9Definition of “United Kingdom Atomic Energy Authority Constabulary” in s. 2(5) inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 98(6)(b), 127(2)(e); S.I. 2001/4104, art. 2(a)
C1S. 2: s. 2(2) extended (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 1, 4(1), 6(2)
C2S. 2: s. 2(3) extended (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF:8), ss. 1, 4(2), 6(2)
M11952 c. 67.
M21986 c. 52.
M3S.I. 1965/1536.
M41984 c. 59.
(1)The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.
(2)Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—
(a)he shall be under the direction and control of the chief officer of that force; and
(b)he shall have the same powers and privileges as a member of that force.
(3)Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.
(4)In this section—
“British Transport Police Force” has the same meaning as in section 2 above;
“chief officer” means—
the chief officer of the police force for any police area;
the Chief Constable of the Police Service of Northern Ireland;
the Chief Constable of the British Transport Police Force; or
the Chief Constable of the United Kingdom Atomic Energy Authority Constabulary;
“relevant force” means—
the police force for any police area;
the Police Service of Northern Ireland;
the British Transport Police Force; or
the United Kingdom Atomic Energy Authority Constabulary; and
“United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.]
F1S. 2A inserted (14.12.2001 for E.W.N.I. and 7.1.2002 for S.) by 2001 c. 24, ss. 99, 127(2)(e); S.I. 2001/4104, art. 2(b)
(1)This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.
(2)The member of the Ministry of Defence Police—
(a)shall be under the direction and control of the chief officer of the relevant force; and
(b)shall have the same powers and privileges as a member of that force.
(3)In this section—
“British Transport Police Force” has the same meaning as in section 2 above;
“chief officer” means—
any chief officer of police of a police force for a police area in Great Britain;
the chief constable of the Police Service of Northern Ireland;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the chief constable of the British Transport Police Force; or
the chief constable of the United Kingdom Atomic Energy Authority Constabulary;
“relevant force” means—
any police force for a police area in Great Britain;
the Police Service of Northern Ireland;
the National Criminal Intelligence Service;
the National Crime Squad;
the British Transport Police Force; or
the United Kingdom Atomic Energy Authority Constabulary;
“United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.]
F1S. 2B inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 78; S.I. 2002/2306, art. 2(e)
(1)There shall continue to be a Defence Police Federation.
(2)The Federation shall represent members of the Ministry of Defence Police in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (3) below, and questions of promotion affecting individuals.
(3)The Federation may represent a member of the Ministry of Defence Police at any disciplinary proceedings or on an appeal from any such proceedings.
(4)Except on an appeal to the Secretary of State or as provided by section 4 below, a member of the Ministry of Defence Police may only be represented under subsection (3) above by another member of that force.
(5)The Federation shall act through branches and regional and national committees; and the Federation and every branch and committee thereof shall be entirely independent of and unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.
(6)The Secretary of State may, after consultation with the management committee of the Federation, by regulations prescribe the constitution and proceedings of the Federation or authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision—
(a)with respect to the membership of the Federation;
(b)with respect to the raising of funds by the Federation by subscription and the use and management of funds derived from subscription; and
(c)with respect to the manner in which representations may be made by the Federation to the Ministry of Defence Police Committee and the Secretary of State.
(7)The power to make regulations conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)On the hearing of a disciplinary charge against a member of the Ministry of Defence Police of the rank of chief superintendent or below the punishment of dismissal, requirement to resign or reduction in rank may not be awarded unless he has been given an opportunity to elect to be legally represented at the hearing.
(2)Where a member of the Ministry of Defence Police so elects, he may be represented at the hearing, at his option, either by counsel or by a solicitor.
(3)Except in a case where a member has been given an opportunity to elect to be legally represented and has so elected, he may only be represented at the hearing of a disciplinary charge by another member of the force.
(4)The Secretary of State shall by regulations specify—
(a)a procedure for notifying a member of the Ministry of Defence Police of the effect of subsections (1) to (3) above;
(b)when he is to be so notified and when he is to give notice whether or not he wishes to be legally represented at the hearing.
(5)Regulations under subsection (4) above shall be made by statutory instrument and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)If a member of the Ministry of Defence Police—
(a)fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented; or
(b)gives notice in accordance with the regulations that he does not wish to be legally represented,
any such punishment as is mentioned in subsection (1) above may be awarded without his being legally represented.
(7)If a member of the Ministry of Defence Police has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.
(1)The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police.
(2)The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection.
(3)A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police.
(4)The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.
(5)Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.
(6)In this section—
“the inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16);
“the Scottish inspectors” means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77).]
F1S. 4B inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 80; S.I. 2002/2306, art. 2(e)
(1)Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate.
(2)The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—
(a)would be against the interests of national security; or
(b)might jeopardise the safety of any person.
(3)The Secretary of State shall—
(a)send a copy of the published report to the chief constable of the Ministry of Defence Police; and
(b)invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.
(4)The Secretary of State shall arrange for—
(a)any comments submitted by the chief constable in accordance with subsection (3) above, and
(b)any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,
to be published in such manner as he considers appropriate.]
F1S. 4C inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 80; S.I. 2002/2306, art.2(e)
Ministry of Defence Police Act 1987