Special Constables Act 1923
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The Special Constables Act 1923 (13 and 14 Geo. V, c. 11; full title - ''An Act to make perpetual, subject to an amendment, the Special Constables Act, 1914; to provide for the employment of special constables in connection with Naval, Military and Air Force yards and stations ; and to remove certain limitations on the appointment of special constables in Scotland.'') was a British
act of parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
passed in 1923.{{cite web, url=http://www.legislation.gov.uk/ukpga/Geo5/13-14/11/introduction/enacted, title=legislation.gov.uk - Special Constables Act 1923 It made permanent an earlier act on special constables passed in 1914. Words and sections from the Act were repealed by the
Police (Scotland) Act 1956 The Police (Scotland) Act 1956 (4 & 5 Eliz 2 c 26) was an Act of the Parliament of the United Kingdom. The whole Act, except section 37, was repealed by section 52(1) of, and Part I of the Schedule 5 to, the Police (Scotland) Act 1967 The Poli ...
and the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
and - though it has not been repealed in its entirety - none of its Sections are now in effect. Its Section 1 effectively repealed the phrase "during the present war" from the Special Constables Act 1914 and the reference to that act in the First Schedule to the War Emergency Laws (Continuance) Act, 1920, though in both respects it exempted Northern Ireland. Its Section 2 set up a procedure whereby any
Orders in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''King ...
made under the 1914 Act as modified by the 1923 Act would be put before "both Houses of Parliament as soon as may be after it is made". A member of either House then had 21 sitting days after that date to lay an address before the Crown for the repeal of any regulations made by that Order in Council. Such regulations would be made void "without prejudice to the validity of any proceedings which may in the meantime have been taken thereunder or to the making of any new regulations provided that Orders in Council under the said Act shall not be deemed to be statutory rules within the meaning of section one of the Rules Publication Act, 1893." Its Section 3 replaced Metropolitan Police policing of dockyards and military bases with special constables, to be nominated by the
Admiralty Admiralty most often refers to: *Admiralty, Hong Kong *Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964 *The rank of admiral *Admiralty law Admiralty can also refer to: Buildings * Admiralty, Traf ...
, Army Council or
Air Council Air Council (or Air Force Council) was the governing body of the Royal Air Force until the merger of the Air Ministry with the other armed forces ministries to form the Ministry of Defence in 1964. It was succeeded by the Air Force Board. Me ...
and confirmed by two
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
(England and Wales), magistrates of a burgh (Scotland) or standing joint committee of a county (Scotland), with all the same powers Metropolitan Police constables had had in those places under the
Metropolitan Police Act 1860 The Metropolitan Police Act 1860 was one of the Metropolitan Police Acts, granted royal assent on 28 August 1860. It consisted of two chapters. The first allowed the Commissioner of Police of the Metropolis to assign members of the Metropolita ...
or the Metropolitan Police (Employment in Scotland) Act, 1914. Such special constables remained under the control of the department which had nominated them, which also had power to suspend or terminate their appointment as a special constable. This led to the establishment of the
Royal Marine Police The Royal Marine Police (RMP) was a police force in the United Kingdom formed under the Special Constables Act 1923 which existed from 1934 to 1949. History The Constabulary can trace its history back to 1686 when the Royal Navy needed an organi ...
, the Army Department Constabulary and the Air Ministry Constabulary over the course of the 1920s - these were later all subsumed into the
Ministry of Defence Police The Ministry of Defence Police (MDP) is a civilian special police force which is part of the United Kingdom's Ministry of Defence. The MDP's primary responsibilities are to provide armed security and counter terrorism services to designated hig ...
. Its Section 4 applied Section 96 of the Burgh Police (Scotland) Act, 1892 and its extension by the Special Constables (Scotland) Act, 1914 to the 1923 Act, but set the age as between 20 and 50 rather than those two Acts' 26 and over. Its Section 5 set its short title as "Special Constables Act, 1923, and the Special Constables Act, 1914".


References

Police legislation in the United Kingdom 1923 in law United Kingdom Acts of Parliament 1923 *