Sections 51 to 53 of the Police Act 1998 create the only body in the Act that stands outside the chain of command.
Section 51 — how the Board is constituted
(2) There shall be a Police Promotions Selection Board comprising a permanent Chairman sitting with not more than two assessors appointed in accordance with the regulations.
(3) The Chairman and assessors are not, while acting as such, subject to direction or control by any person or authority under this Act.
(5) The Chairman shall be appointed by the Minister, for a specific time, is eligible for re-appointment, and continues to hold office until a successor is appointed notwithstanding expiry of the term.
(6) Where the Chairman is unable to act, the Minister shall appoint an acting Chairman.
The words are strong: not subject to direction or control by any person or authority under this Act. That includes the Commissioner.
Compare section 5, under which no person outside the Force has any power of command within it. The Board is the mirror image: a body within the promotions process that the Force cannot direct.
Note who appoints the Chairman — the Minister, not the Commissioner. The Act deliberately places the appointment outside the Force, and the holdover provision in section 51(5)(c) prevents the Board from lapsing through failure to reappoint.
Sections 51(7) to (13) — sittings and notice
| Step | Provision | Requirement |
|---|---|---|
| Commissioner requests a sitting | s 51(8) | The Chairman shall as soon as practicable appoint a time and place |
| At least one sitting a year | s 51(9) | It is the duty of the Commissioner to ensure this |
| Commissioner informs the Chairman | s 51(10) | The number of vacancies and the ranks in which they occur |
| Chairman fixes the agenda | s 51(11) | May direct separate hearings for different ranks |
| Chairman notifies the Commissioner | s 51(12) | At least four weeks’ notice of time, place and agenda |
| Commissioner publishes notice | s 51(13) | At least three weeks’ notice in an Official Police Publication, calling for applications, with not less than two weeks to apply |
The sequence is designed so that every qualified member has a real opportunity to apply. Four weeks to the Commissioner, three weeks published, and a minimum two-week application window.
It gives effect to section 48(2)(a) — procedures that include, when possible, inviting applications and selection on the basis of merit.
The obligation in section 51(9) to ensure at least one sitting each calendar year prevents promotions stalling through inaction.
Sections 52 and 53(1) to (3) — what the Board does
(1) The Board shall (a) consider all members of the Regular Constabulary Branch who are qualified and apply for promotion to a vacancy; and (b) make a recommendation to the Commissioner.
(2) The Commissioner shall give, or cause to be given, to the Board all files, reports and documents, and any other information, relevant to all members qualified for promotion to the vacancy.
(3) The Board shall make full inquiries, without regard to legal forms or solemnities, into the filling of the vacancy.
Section 53(2) puts a duty on the Commissioner to give the Board everything relevant — not only about the preferred candidate, but about all qualified members. The Board cannot be starved of material.
Note that section 142, which restricts the release of official records, expressly excepts a member of a Police Promotions Selection Board from the restriction.
Section 53(3) frees the Board from procedural formality: full inquiries, without regard to legal forms or solemnities. It is an inquisitorial body, not a court.
Sections 53(4) to (6) — the three-step escalation
(4) On receiving a recommendation, the Commissioner shall (a) accept it and take action accordingly; or (b) refer the matter back to the Board, together with his reasons for not accepting it, for reconsideration and a further recommendation.
(5) On receiving a further recommendation, the Commissioner shall (a) accept it; or (b) refer the matter for decision by the Minister, with all relevant papers setting out the Board’s recommendations and the reasons for rejection.
(6) The decision of the Minister is final and shall be implemented by the Commissioner.
This is one of the few places in the Act where the Commissioner’s decision is not final. The structure is deliberate:
- Disagreement must be reasoned and sent back to the Board;
- Continued disagreement must go to the Minister, with the Board’s recommendations and the Commissioner’s reasons;
- The Minister’s decision binds the Commissioner.
Compare section 27, under which the Commissioner’s decision on a serious disciplinary charge is final with no appeal at all. On promotions the Act takes the opposite approach, because promotion decisions are where favouritism is most likely and least visible — the concern also addressed by section 48(2)(b) and by section 20(1)(ac).
What the Board does not decide
- Deputy Commissioner — section 49(1) makes those appointments by the Head of State acting on advice, and expressly not subject to section 53.
- Transfers — governed by section 48, not by the Board.
- Specialist appointments under section 41 — section 48(4) disapplies the requirement to invite applications.
- Demotions and dismissals for performance — dealt with by the Commissioner under section 55.
Section 54 allows the Commissioner to permit a member to decline a promotion without prejudice to any claim the member might have in relation to promotion at a later date — so declining once does not count against a member afterwards.
Sources
- Police Act 1998 — ss 5, 20, 27, 41, 48–55, 142, 152
- Constitution — s 59
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.