Police (Scotland) Act 1857

The Police (Scotland) Act 1857^[1]
Parliament of the United Kingdom
Long title	An Act to render more effectual the Police in Counties and Burghs in Scotland.
Citation	20 & 21 Vict c 72

The Police (Scotland) Act 1857 (20 & 21 Vict c 72) was an Act of the Parliament of the United Kingdom. It was one of the Police (Scotland) Acts 1857 to 1890.^[2] The legislation made the establishment of a police force mandatory in the counties of Scotland, and also allowed existing burgh police forces to be consolidated with a county force.

Establishment of County Police Forces

The Commissioners of Supply for each county were required to form a Police Committee to administer a police force for their area. The committee was to consist of not more than 15 commissioners, plus the Lord Lieutenant and Sheriff of the county (or their deputies). The police force forces were to come into existence on March 15, 1858.

A Chief Constable was to be appointed to each police force by the committee. It was, however, permitted for two or more adjoining counties to appoint a single chief constable. The chief constable was to run the day-to-day activities of the force, and to appoint and dismiss constables. He was also to appoint a deputy chief constable to act in his absence.

The commissioners of supply were to levy a "police assessment" or special rate to finance the constabulary. They were also permitted to divide a county into Police Districts, with constables allocated to each district, and a separate assessment to be paid in each area.

Jurisdiction of County Constables

Constables of a county police force were to have full powers within their county, which was to include for policing purposes any detached parts of other counties locally situate within it. Similar provisions were made in regard to sherriffs and justices of the peace. They had jurisdiction in all harbours, lochs and bays, and in burghs within the county, and in any adjoining county.

Constables in Berwickshire, Dumfriesshire and Roxburghshire were permitted to serve warrants in the counties of Cumberland and Northumberland across the English border.

Inspector of Constabulary

Main article: Her Majesty's Inspectorate of Constabulary for Scotland

An Inspector of Constabulary was to be appointed to ensure that an efficient police system was being operated by the various forces in Scotland. He was to certify annually that each force was being effectively, making it eligible to payment of one quarter of its costs by the treasury.

According to the Inspector's first report in 1859, 32 counties and 57 burghs had established police forces.^[3]

Burgh Police Forces

A number of burghs had established police forces, either under the Burgh Police (Scotland) Act 1833 or by local Acts. The magistrates and town council of a burgh could agree with the commissioners of supply of a county to consolidate the burgh force with the county police. One or more members of the town council would be appointed to the county police committee in this case.

Conversely, the Act allowed any burgh which had not yet established a police force to do so within six months of the passing of the Act.

Burgh forces were also to be subject to inspection, but those unconsolidated burghs with a population of 5,000 or less were not permitted to avail of central government funds.

Exceptions

The Act did not automatically extend to Orkney and Shetland, although it could be applied by Order in Council on the request of the Sheriff of the county.

The Act did not affect any police forces employed by railway or canal companies, or established by local act of parliament.

References

↑ The citation of this Act by this short title was authorized by section 1 of, and Schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorized by section 19(2) of the Interpretation Act 1978.
↑ The Short Titles Act 1896, section 2(1) and Schedule 2
↑

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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