xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Police and Magistrates’ Courts Act 1994

1994 CHAPTER 29

An Act to make provision about police areas, police forces and police authorities; to make provision for England and Wales about magistrates’ courts committees, justices’ clerks and administrative and financial arrangements for magistrates’ courts; and for connected purposes.

[21st July 1994]

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:—

Annotations:

Commencement Information

I1Act partly in force at Royal Assent see s. 94.

Part IE+W+S+N.I. POLICE

Chapter IE+W PRINCIPAL AMENDMENTS OF POLICE ACT 1964

Police areasE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F1S. 1 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Forces outside LondonE+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F2S. 2 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F3S. 3 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F4S. 4 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F5S. 5 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F6S. 6 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F7S. 7 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F8S. 8 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F9S. 9 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F10S. 10 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F11S. 11 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F12S. 12 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

GeneralE+W

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F13S. 13 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F14S. 14 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F15S. 15 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F16S. 16 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F17S. 17 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F18S. 18 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F1919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F19S. 19 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F20S. 20 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F21S. 21 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F22S. 22 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F23S. 23 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F24S. 24 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F25S. 25 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F26S. 26 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Chapter IIE+W+S+N.I. OTHER PROVISIONS ABOUT THE POLICE

Financial provisionsE+W

27 Precepts.E+W

(1)In section 39 of the M1Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—

(b)a police authority established under section 3 of the M2Police Act 1964;.

F27(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F27S. 27(2) repealed (27.7.1999) by 1999 c. 27, s. 34, Sch. 2(2)

Commencement Information

I2S. 27 wholly in force at 1.11.1994; s. 27 not in force at Royal Assent, see s. 94(1); s. 27 in force (1.11.1994, for the purposes of any financial year beginning on or after 1.4.1995) by S.I. 1994/2025, art. 7(1)(2)(b)

Marginal Citations

F2828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F28S. 28 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2929. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F29S. 29 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

30 Revenue accounts and capital finance.E+W

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F30S. 30 repealed (27.11.2003 for W. for specified purposes and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 127(2), 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 7(e)(v) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. 1

31 Financial administration.E+W

In section 111 of the M3Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—

(e)a police authority established under section 3 of the M4Police Act 1964,.

Annotations:

Commencement Information

I3S. 31 wholly in force at 1.4.1995; s. 31 not in force at Royal Assent see s. 94(1); s. 31 in force for certain purposes at 1.10.1994 by S.I. 1994/2025, art. 6(1)(2)(d)(3)-(6); s. 31 in force at 1.4.1995 insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (with transitional provisions in art. 4(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

F3132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F31S. 32 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

33 Validation of past grants.E+W

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Complaints against and conduct of police officersE+W

F3334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F33S. 34 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F3435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F34S. 35 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F3536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F35S. 36 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F3637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F36S. 37 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F3738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F37S. 38 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Reorganisation of local governmentE+W

39 Police areas in England: alterations under Local Government Act 1992.E+W

(1)The M5Local Government Act 1992 shall be amended as follows.

(2)In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.

(3)In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.

(4)In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.

(5)After subsection (5) of section 17 there shall be added—

(6)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that none of the following areas—

(a)a county in which there are no district councils,

(b)a district in any other county, and

(c)a London borough,

is divided between two or more police areas; but this subsection shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.

(6)In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.

(7)In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.

Annotations:

Commencement Information

I4S. 39 wholly in force at 1.4.1995; s. 39 not in force at Royal Assent, see s. 94(1); s. 39(1)(4)-(7) in force (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(f); s. 39(2)(3) in force (1.4.1995) by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

40 Police areas in Wales: alterations under Local Government Act 1972.E+W

(1)The M6Local Government Act 1972 shall be amended as follows.

(2)In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”.

(3)In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—

(3A)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.

(4)In section 60 (procedure for reviews)—

(a)in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”;

(b)in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”;

(c)in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”.

(5)In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.

Annotations:

Marginal Citations

MiscellaneousE+W+S+N.I.

41 Metropolitan police: assistant commissioners.E+W

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

42 Application of Firearms Act 1968 to civilian staff.E+W+S

In section 54 of the M7Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—

(3)For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

(a)a member of a police force, or

(b)a person employed by a police authority who is under the direction and control of a chief officer of police.

Annotations:

Marginal Citations

43 Application to police authorities of enactments relating to local authorities etc.E+W+S+N.I.

Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.

Annotations:

Commencement Information

I5S. 43 wholly in force at 1.4.1995; s. 43 not in force at Royal Assent, see s. 94(1); s. 43 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 6(1)(2)(e)(3)-(6); s. 43 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

44 Minor and consequential amendments.E+W+S+N.I.

Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.

Annotations:

Commencement Information

I6S. 44 partly in force; s. 44 in force for certain purposes at Royal Assent, see s. 94(3); s. 44 in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 4(1)(2)(d); s. 44 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(h); s. 44 in force for certain purposes (31.12.1994) by S.I. 1994/3262, art. 3(1)(b) (with transitional provisions in art. 3(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); s. 44 in force for certain purposes (1.4.1995) by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); s. 44 in force for certain purposes (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with saving in art. 3)

F3945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Annotations:

Amendments (Textual)

F39S. 45 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

46 Interpretation of Part I.E+W+S

In this Part of this Act “the 1964 Act” means the M8Police Act 1964.

Annotations:

Marginal Citations

Part IIS POLICE (SCOTLAND)

47 Constitution of police force.S

(1)For section 3 of the 1967 Act there shall be substituted—

3 Establishments of police forces

(1)A police force shall consist of a chief constable, regular constables and special constables.

(2)In subsection (1) above—

regular constables” means constables (including probationary constables) to whom both pay and allowances are, by virtue of section 26 of this Act, payable; and “special constables” means constables to whom allowances only are so payable..

(2)In section 7 of that Act (assignment of ranks)—

(a)in subsection (1)—

(i)the words “, deputy chief constable" and “, chief superintendent and" shall be omitted; and

(ii)after the word “superintendent" there shall be inserted the words “ , chief inspector, inspector, sergeant and constable. ”; and

(b)subsection (2) shall be omitted.

(3)In section 8(1) (appointment of police cadets), the words “and subject to the approval of the police authority and the Secretary of State as to numbers" shall be omitted.

(4)In section 14(1) (extra policing of locality where works are being constructed), the words “(whether by the appointment of temporary constables or otherwise)" shall be omitted.

(5)In section 26(2)(d) (regulations as to retirement of certain constables), the words “or temporary" shall be omitted.

Annotations:

Commencement Information

I7S. 47 wholly in force at 1.4.1996; s. 47 not in force at Royal Assent, see s. 94(1); s. 47(2)(a) in force (1.4.1995) by S.I. 1995/492, art. 2, Sch. 1 (with transitional provisions in art. 4); s. 47(1)(2)(b)(4)(5) in force (13.12.1995) by S.I. 1995/3003, art. 2, Sch.; s. 47(3) in force (1.4.1996) by S.I. 1995/492, art. 3, Sch. 2 (with transitional provisions in art. 4)

48 Deputy and assistant chief constables.S

For sections 5 and 5A of the 1967 Act there shall be substituted—

5 Assistant chief constables.

(1)The ranks that may be held in a police force maintained under section 1 of this Act shall include that of assistant chief constable (but not that of deputy chief constable); and in every such police force there shall be at least one person holding that rank.

(2)Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(3)Subsections (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable.

(4)A chief constable shall, after consulting the police authority for the area for which his force is maintained, designate a person holding the rank of assistant chief constable to exercise all the powers and duties of the chief constable—

(a)during any absence, incapacity or suspension from duty of the chief constable, or

(b)during any vacancy in the office of chief constable.

(5)No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

(6)The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable..

Annotations:

Commencement Information

I8S. 48 wholly in force at 1.4.1995; s. 48 not in force at Royal Assent, see s. 94(1); s. 48 in force for certain purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 48 in force (1.4.1995) insofar as not already in force by S.I. 1995/492, art. 2, Sch. 1

49 Civilian employees.S

For section 9 of the 1967 Act there shall be substituted—

9 Civilian employees.

(1)A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables.

(2)The police authority shall exercise their powers under section 56 (and section 63) of the M9Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force.

(3)Subsection (2) above shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

(4)The powers of direction and control referred to in subsection (2) above include the powers of engagement and dismissal..

Annotations:

Marginal Citations

50 Provision of advice and assistance to international organisations etc.S

After section 12 of the 1967 Act there shall be inserted—

12A Provision of advice and assistance to international organisations etc.

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice and assistance provided by it under this section.

(7)The provisions of this section are without prejudice to the M10Police (Overseas Service) Act 1945 and section 10 of the M11Overseas Development and Co-operation Act 1980..

Annotations:

Marginal Citations

51 Chief constables’ annual reports.S

In section 15(1) of the 1967 Act (submission of general report by chief constable on policing)—

(a)for the word “May" there shall be substituted the word “ July ”;

(b)for the words “general report in writing on" there shall be substituted the words “ report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, ”; and

(c)for the words “year ended on 31st December last preceding" there shall be substituted the words “ twelve months ending on 31st March in that year ”.

Annotations:

Commencement Information

I9S. 51 wholly in force at 1.1.1996; s. 51 not in force at Royal Assent, see s. 94(1); s. 51(b) in force (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 51 in force (1.1.1996) insofar as not already in force by S.I. 1994/3075, art. 4(1) (with transitional provision in art. 4(2))

52 Regulations for police forces.S

(1)Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows.

(2)In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted—

(e)the conduct and efficiency of constables;.

(3)After that subsection there shall be inserted—

(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b)make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained.

(2B)In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(2C)Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced..

(4)Subsection (7) shall be omitted.

Annotations:

Commencement Information

I10S. 52 wholly in force at 1.8.1996; s. 52 not in force at Royal Assent, see s. 94(1); s. 52(1)(3) in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 3(1)(2)(d); s. 52(1) in force (1.1.1995) insofar as not already in force and s. 52(3) in force for certain further purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 52(2)(3)(4) in force (1.8.1996) insofar as not already in force by S.I. 1996/1646, art. 2, Sch. (with saving in art. 3)

53 Fixed term appointments etc.S

(1)Section 26 of the 1967 Act shall be further amended—

(a)by inserting, after the words “administration of” in subsection (1), the words “ , and the conditions of service in, ”; and

(b)by inserting after subsection (5)—

(5A)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank..

(2)Section 23 of the 1967 Act (chief constables affected by amalgamations or local government reorganisation) shall be amended as follows—

(a)in subsection (2), for the word “deputy" there shall be substituted “ assistant ”;

(b)in subsection (3), after the word “Act" there shall be inserted “ and to subsection (3A) below ”; and

(c)after subsection (3) there shall be inserted—

(3A)If a chief constable was appointed for a term which expires within three months of his becoming a constable of a police force by virtue of this section, subsection (3) above shall have effect as if the reference in it to three months were a reference to that term..

Annotations:

Commencement Information

I11S. 53 wholly in force at 1.4.1995; s. 53 not in force at Royal Assent, see s. 94(1); s. 53(1) in force (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 53(2) in force (1.4.1995) by S.I. 1995/492, art, 2, Sch. 1

54 Power of Secretary of State to give directions to police authorities.S

After section 26 of the 1967 Act there shall be inserted—

26A Power to give directions to police authority after adverse report.

(1)The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 33(3) of this Act of any police force maintained under section 1 of this Act.

(2)Where a report made to the Secretary of State on an inspection carried out for the purposes of this section states—

(a)that, in the opinion of the person making the report, the force inspected is not efficient; or

(b)that in his opinion, unless remedial measures are taken, the force will cease to be efficient,

the Secretary of State may direct the police authority or joint police committee for the area for which the force is maintained to take such measures as may be specified in the direction.

26B Police efficiency: allocation of funds.

Without prejudice to the generality of subsection (2) of section 26A of this Act, the Secretary of State may under that subsection direct a police authority or joint police committee to allocate from their income, to the purpose of ensuring that a police force is efficient, such amounts as he shall specify.

26C Duty of compliance.

It shall be the duty of a police authority or joint police committee to comply with any direction given to them under section 26A or 26B of this Act..

55 Appeals against dismissal etc.S

(1)For section 30 of the 1967 Act there shall be substituted—

30 Appeals against dismissal etc.

(1)A constable who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (2A) of section 26 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to such a tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.

(2)Where a police appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way—

(a)which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and

(b)in which he could have been dealt with by the person who made that decision.

(3)The Secretary of State may make rules as to the procedure on appeals under this section to a police appeals tribunal.

(4)Rules made under this section may make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents and may, in particular, apply subsections (4) and (5) of section 210 of the M12Local Government (Scotland) Act 1973 with such modifications as may be set out in the rules.

(5)Schedule 3 to this Act shall have effect in relation to appeals under this section.

(6)Rules made under this section may make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient in consequence of the coming into operation of an amalgamation scheme, amending scheme or revoking scheme while an appeal under this section is pending; and without prejudice to the generality of this subsection, such provision may in particular include modifications to Schedule 3 to this Act in that Schedule’s application to any case affected by the making of such a scheme..

(2)For Schedule 3 to the 1967 Act there shall be substituted the Schedule set out in Schedule 6 to this Act.

Annotations:

Commencement Information

I12S. 55 wholly in force at 1.8.1996; s. 55 not in force at Royal Assent, see s. 94(1); s. 55(1) in force (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 55 in force (1.8.1996) insofar as not already in force by S.I. 1996/1646, art. 2, Sch. (with saving in art. 3)

Marginal Citations

56 Expenditure in safeguarding national security.S

After section 32 of the 1967 Act there shall be inserted—

32A Grants for expenditure on safeguarding national security.

(1)The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) by a police authority or joint police committee in connection with safeguarding national security.

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury..

57 Duty of inspectors of constabulary.S

For subsection (3) of section 33 of the 1967 Act (inspectors of constabulary), there shall be substituted—

(3)It shall be the duty of the inspectors of constabulary, on being directed to do so by the Secretary of State, to visit and inquire into any matter concerning or relating to the operation of a police force or of police forces generally; and, without prejudice to the generality of this subsection, such matters may include the state and efficiency of, and of the buildings and equipment used by, the force or forces..

58 Assistant inspectors of constabulary and staff officers to inspectors of constabulary.S

In section 34 of the 1967 Act, for subsection (1) (appointment of assistant inspectors of constabulary and their staff officers) there shall be substituted—

(1)The Secretary of State may appoint assistant inspectors of constabulary.

(1A)Constables may be appointed under subsection (1) above or to be staff officers to inspectors of constabulary..

59 Common services.S

For section 36 of the 1967 Act there shall be substituted—

36 Common services.

(1)After consulting the Joint Central Committee and such bodies or associations as appear to the Secretary of State to be representative of police authorities or of chief constables or superintendents (such consultation being in the following provisions of this section referred to as “relevant consultation”), he may, either directly or indirectly, provide and maintain such facilities and services, or establish and maintain such institutions and organisations, as he considers necessary or expedient for promoting the efficiency of the police.

(2)The Secretary of State may, after relevant consultation, by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) above) if he considers that it would be in the interests of the efficiency of the police for them to do so.

(3)The Secretary of State may, after relevant consultation, by order determine the charges to be payable for facilities and services provided under or by virtue of subsection (1) above, make provision as regards their payment and make provision for the recovery, other than by such charges, of expenses incurred by him in providing the facilities and services.

(4)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any expenses falling on a police authority or joint police committee by virtue of subsection (3) above shall be defrayed in like manner as other expenses incurred for the purposes of this Act by the authority or committee.

(6)The Secretary of State may, after relevant consultation, in any order under subsection (3) above apply that order, or any provision of that order, to other expenses specified in the order, being expenses incurred by him for the purposes of police forces generally..

Annotations:

Commencement Information

I13S. 59 wholly in force at 1.4.1995; s. 59 not in force at Royal Assent, see s. 94(1); s. 59 in force for certain purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 59 in force (1.4.1995) insofar as not already in force by S.I. 1994/3075, art. 3; see also S.I. 1995/492, art. 2, Sch. 1

60 Constables engaged on service outside their force.S

After section 38 of the 1967 Act there shall be inserted—

38A Constables engaged on service outside their force.

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

(b)central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c)service the expenses of which are payable under section 1(1) of the M13Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d)service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e)service pursuant to an appointment under section 10 of the M14Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2)In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.

(3)Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M15Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M16Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M17Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A constable who—

(a)has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,

(b)while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M18Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.

(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State..

Annotations:

Commencement Information

I14S. 60 wholly in force at 1.4.1995: s. 60 in force for certain purposes at Royal Assent, see s. 94(3)(c); s. 60 in force (1.4.1995) insofar as not already in force by S.I. 1995/492, art. 2, Sch. 1

Marginal Citations

61 Examination of handling of complaints against constables.S

After section 40 of the 1967 Act there shall be inserted—

40A Examination of handling of complaints against constables.

(1)Where a member of the public has made a complaint to the chief constable of a police force against a constable of that force the inspectors of constabulary may, at the request of the member of the public, examine the manner in which the chief constable has dealt with the complaint.

(2)Where the inspectors of constabulary have carried out an examination under subsection (1) above, they shall report their findings to the person who made the complaint and send a copy of that report to the chief constable and to the constable against whom the complaint was made; and they may direct the chief constable to reconsider the complaint and may instruct him to have regard, in doing so, to such further information as may have become available (whether or not as a result of the examination) after he dealt with the complaint; but no such direction shall be given as respects so much of the complaint as has been, or is, the subject of proceedings against the constable by virtue of section 26(2A)(a) of this Act.

(3)On making a direction under subsection (2) above, the inspectors of constabulary shall notify the constable against whom the complaint was made and the person who made it that they have done so; and the outcome of any reconsideration carried out by virtue of that subsection shall be communicated forthwith to the inspectors of constabulary, who shall—

(a)report the outcome, and their own findings as regards the outcome, to that constable and to that person; and

(b)communicate those findings to the chief constable.

(4)Where an examination has been carried out under subsection (1) above—

(a)the Secretary of State may require the inspectors of constabulary to submit to him, and

(b)the police authority for the area for which the police force in question is maintained may require the inspectors of constabulary to submit to them,

a written report concerning that examination and a copy of any report under subsection (3)(a) above consequent on that examination..

Annotations:

Commencement Information

I15S. 61 wholly in force at 1.8.1996; s. 61 not in force at Royal Assent, see s. 94(1); s. 61 in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 4)

62 Transmission of criminal statistics.S

In section 47 of the 1967 Act (criminal statistics)—

(a)in subsection (1), for the words “the year to 31st December last preceding" there shall be substituted the words “ such period as the Secretary of State may specify in the direction ”; and

(b)for subsection (2) there shall be substituted—

(2)The Secretary of State shall prepare such reports as he considers appropriate from such statements as he receives by virtue of subsection (1) above; and he shall lay any such report before Parliament and send a copy of it to each police authority..

63 Other amendments of 1967 Act.S

(1)The 1967 Act shall be amended in accordance with this section.

(2)In section 6(2) (application of certain provisions of 1967 Act to constables below rank of assistant chief constable) the words “a deputy chief constable" shall be omitted.

(3)In section 7(3) (assignment of lower rank), for the words from “as to" to the end there shall be substituted the words “ made in accordance with section 26(2A) of this Act ”.

(4)In section 24 (effect of amalgamation scheme on constables engaged in service other than with their own force)—

(a)in subsection (1) for the words from “either" to “transferred force" there shall be substituted the words “ a person is engaged in relevant service within the meaning of section 38A of this Act ”;

(b)in subsection (2) for the word “overseas" in each of the three places where it occurs there shall be substituted the word “ relevant ”; and

(c)in subsection (3), the words from “and the expression" onwards shall be omitted.

(5)In section 31 (requirement for chief constable to retire in interests of efficiency)—

(a)in subsection (2)—

(i)for the words “a deputy or" there shall be substituted the word “ an ”; and

(ii)the words “or deputy" shall be omitted; and

(b)in subsection (4), the words “or deputy" shall be omitted.

(6)In section 32(1) (payment towards expenses of police authorities and joint police committees) after the words “19(6)" there shall be inserted the words “ , section 32A ”.

(7)In section 38—

(a)in subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 38A(3) of this Act ”; and

(b)in subsection (5) (interpretation), in the definition of “central service" for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 34 of this Act ”.

(8)In section 42(1) (offence of causing disaffection amongst constables), the words “or to commit breaches of discipline" shall be omitted.

(9)In section 51 (interpretation)—

(a)in subsection (1), the definitions of “regular constable", “special constable" and “temporary constable" shall be omitted; and

(b)after subsection (3) there shall be inserted— “ (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. ”.

(10)In Schedule 2 (transitory provisions for purposes of amalgamation schemes), paragraph 2 shall be omitted.

Annotations:

Commencement Information

I16S. 63 wholly in force at 1.8.1996: s. 63(4)(7)(a) in force for certain purposes at Royal Assent, see s. 94(3)(c); s. 63(1)(6)(7)(b)(9)(b) in force (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 63(9)(a) in force (13.12.1995) by S.I. 1995/3003, art. 2, Sch.; s. 63(2)(4)(5)(7) in force (1.4.1995) insofar as not already in force by S.I. 1995/492, art.2, Sch. 1 (with transitional provisions in art. 3); s. 63(3)(8)(10) in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

64 Delegation of functions of Scottish police authority.S

In section 63 of the M19Local Government (Scotland) Act 1973 (arrangements as to police authority functions etc.), after subsection (2) there shall be inserted—

(2A)The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force.

(2B)Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control..

Annotations:

Marginal Citations

65 Interpretation of Part II.S

In this Part of this Act “the 1967 Act” means the M20Police (Scotland) Act 1967.

Annotations:

Marginal Citations

F40Part IIIN.I.

Annotations:

Amendments (Textual)

F40Pt. III (ss. 66-68) repealed (N.I.) (1.4.1999) by 1998 c. 32, ss. 74(3), 75(1), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3 (subject to transitional provisions in art. 4); s. 67 also repealed (N.I.) (prosp.) by S.I. 1995/2993 (N.I. 17), arts. 1(2), 32(2), Sch. 2

66 Regulations for administration, etc. of Royal Ulster Constabulary.N.I.

(1)Section 25 of the M21Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows.

(2)Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted.

(3)For subsections (6) and (7) there shall be substituted—

(5A)In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(e) and (f)), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(5B)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(6)Where regulations under subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make consequential amendments to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.

Annotations:

Marginal Citations

F4167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Annotations:

Amendments (Textual)

F41S. 67 repealed (1.4.1999) by 1998 c. 32, ss. 74(3), 75(1), Sch. 6 (with Sch. 5); S.R. 1999/176, art. 3 (subject to transitional provisins in art. 4)

68 Minor and consequential amendments.N.I.

(1)The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments.

(2)Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted.

(3)In section 34 (orders and regulations)—

(a)for subsection (1) there shall be substituted—

(1)Regulations and orders under this Act (other than orders under section 4(3)) shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the M22Statutory Instruments Act 1946 shall apply accordingly.;

(b)after subsection (1) there shall be inserted—

(1A)The following regulations shall not be made without the concurrence of the Treasury, namely—

(a)regulations under section 10 for regulating pensions;

(b)regulations under section 25 providing for any of the matters specified in subsection (2)(k) of that section;

(c)regulations under section 26 providing for the matter specified in subsection (2)(f) of that section.;

(c)in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”.

(4)In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.

Annotations:

Marginal Citations

F42Part IVE+W

Annotations:

Amendments (Textual)

F42Pt. IV (ss. 69-92, except ss. 91(1), 92) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with saving for s. 80(5) in Sch. 4 para. 11(3)) (with Sch. 4 para. 27)

Magistrates’ courts committeesE+W

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justices’ chief executives, justices’ clerks and staffE+W

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inner London areaE+W

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Marginal Citations

Administrative and financial arrangementsE+W

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspectors of the magistrates’ courts serviceE+W

86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Default powersE+W

88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies by Audit CommissionE+W

89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GeneralE+W

90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91 Minor and consequential amendments.E+W

(1)Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates’ courts) shall have effect.

F43(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I22S. 91 partly in force; s. 91 not in force at Royal Assent, see s. 94(1); s. 91(1) in force for certain purposes (1.11.1994) by S.I. 1994/2594, arts. 3(l), 6; s. 91(1) in force for certain purposes and certain areas (1.4.1995) by S.I. 1995/685, arts. 4(l), 5(6), 7 (with transitional provisions in art. 6); s. 91(2)(3) in force (1.4.1995) by S.I. 1995/685, art. 4(m) (with transitional provisions in art. 6)

92 Interpretation of Part IV.E+W

(1)In this Part of this Act “the 1979 Act” means the M32Justices of the Peace Act 1979.

(2)Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.

Annotations:

Marginal Citations

Part VE+W+S+N.I. Supplementary

93 Repeals.E+W+S+N.I.

The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:

Commencement Information

I23S. 93 partly in force; s. 93 not in force at Royal Assent, see s. 94(1); s. 93 in force for certain purposes (8.8.1994) by S.I. 1994/2025, arts. 3(1)(2)(f)(g), 4(1)(2)(e); s. 93 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(i); s. 93 in force for certain purposes (23.8.1994) by S.I. 1994/2151, art. 2(1)(2)(b); s. 93 in force for certain purposes (1.11.1994) by S.I. 1994/2594, arts. 3(n), 7; s. 93 in force for certain purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; s. 93 in force (1.4.1995) for certain purposes by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); s. 93 in force (1.4.1995) for certain purposes by S.I. 1995/685, arts. 3, 4(n) (with transitional provisions in art. 6); s. 93 in force (13.12.1995) for certain purposes by S.I. 1995/3003, art. 2, Sch.; s. 93 in force (1.8.1996) for certain purposes by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

94 Commencement and transitional provisions.E+W+S+N.I.

(1)Except as provided by subsections (2) and (3) below, the preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may by order appoint.

(2)The following provisions of this Act—

shall come into force on such day as the Lord Chancellor may by order appoint.

(3)The following provisions of this Act—

(a)section 3 and Schedule 2, so far as they relate to—

(i)the power to make orders under the section inserted by section 3, or

(ii)the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,

(b)sections 13 and 50,

(c)sections 26 and 60, subsections (4) and (7)(a) of section 63, and paragraphs 17 to 20 of Schedule 5, so far as they relate to service in accordance with arrangements made under section 15A(2) of the M33Police Act 1964 or section 12A(2) of the M34Police (Scotland) Act 1967, and

(d)section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,

shall come into force on the passing of this Act.

(4)An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.

(5)The power to make orders under subsection (1) or (2) above includes power to make such transitional provisions and savings as appear to the Secretary of State or, as the case may be, the Lord Chancellor to be necessary or expedient.

(6)Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision—

(a)for the co-existence, for such period as may be prescribed by the order, of the police authorities to be established under section 3 of the M35Police Act 1964 (“the new police authorities") and the police authorities which they are to supersede (“the old police authorities"); for the division of functions between them; for the performance by the old police authorities, before the new police authorities come into existence, of functions prescribed by the order and for consequential and supplementary matters (including the modification of the application in relation to them of provisions of this or any other Act or of any instrument);

(b)for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(c)for the transfer of members of police forces and other persons;

(d)as to pending legal proceedings;

(e)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(f)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.

(7)Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision—

(a)for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(b)for the Lord Chancellor, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(c)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.

(8)An order under this section shall be made by statutory instrument which, if the order contains provisions made by virtue of subsections (5) to (7) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Subordinate Legislation Made

P1S. 94(1) power exercised as follows;

different dates appointed for certain provisions by S.I. 1994/2025, arts. 3-7;

23.8.1994 appointed for certain provisions by S.I. 1994/2151, art. 2;

1.11.1994 appointed for certain provisions by S.I. 1994/2594, arts. 3, 4 (with transitional provisions in art. 5);

different dates appointed for certain provisions by S.I. 1994/3075, arts. 2-4, Sch. (with transitional provisions in art. 4(2));

different dates appointed for certain provisions by S.I. 1994/3262, arts. 3, 4, Sch. (with transitional provisions in arts. 3(2), 4(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3));

3.2.1995 appointed for certain provisions by S.I. 1995/42, art. 3;

different dates appointed for certain provisions by S.I. 1995/492, arts. 2, 3, Schs. 1, 2;

different dates appointed for certain provisions and areas by S.I. 1995/685, arts. 3-5 (with transitional provisions in art. 6);

13.12.1995 appointed for certain provisions by S.I. 1995/3003, art. 2, Sch.;

1.8.1996 appointed for certain provisions by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

Modifications etc. (not altering text)

Marginal Citations

F4495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F44S. 95 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

96 Extent.E+W+S+N.I.

(1)The following provisions of this Act extend to England and Wales only—

(2)Part II of, together with Schedule 6 to, this Act extends to Scotland only.

(3)The following provisions of this Act extend to Northern Ireland F45. . .—

(4)The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.

(5)Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.

Annotations:

Amendments (Textual)

F45Words in s. 96(3) repealed (N.I.) (1.4.1999) by 1998 c. 32, ss. 74(3), 75(1), Sch. 6 (with Sch. 5); S.R. 1999/176, art. 3 (subject to transitional provisions in art. 4)

97 Short title.E+W+S+N.I.

This Act may be cited as the Police and Magistrates’ Courts Act 1994.

SCHEDULES

F46SCHEDULE 1E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F47SCHEDULE 2E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F48SCHEDULE 3E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Section 43.

SCHEDULE 4E+W+S+N.I. APPLICATION TO POLICE AUTHORITIES OF ENACTMENTS RELATING TO LOCAL AUTHORITIES

Annotations:

Extent Information

E1The provisions of Sch. 4 have the same extent as the provisions they amend, see s. 96(1)-(3)

Commencement Information

I24Sch. 4 wholly in force at 1.4.1995; Sch. 4 not in force at Royal Assent, see s. 94(1); Sch. 4 except paras. 1-4, 15(2), 42 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 6(1)(2)(g)(3)-(6); Sch. 4 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (with transitional provision in art. 4(8)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Part IE+W+S+N.I. AMENDMENTS OF LOCAL GOVERNMENT ENACTMENTS

Local Government (Records) Act 1962E+W+S+N.I.

1In section 2 of the M36Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after the words “City of London," there shall be inserted the words “ to a police authority established under section 3 of the M37Police Act 1964, ”.E+W+S+N.I.

Annotations:

Marginal Citations

2In section 8 of that Act (interpretation), in subsection (1), in the definition of “local authority" after the words “City of London" there shall be inserted the words “ , a police authority established under section 3 of the M38Police Act 1964, ”.E+W+S+N.I.

Annotations:

Marginal Citations

Local Government Act 1966E+W+S+N.I.

3In section 11 of the M39Local Government Act 1966 (grants for expenditure due to ethnic minority population), in subsection (2) after the words “apply to" there shall be inserted the words “ a police authority established under section 3 of the M40Police Act 1964 and ”.E+W+S+N.I.

Annotations:

Marginal Citations

Local Government Grants (Social Need) Act 1969E+W+S+N.I.

4In section 1 of the M41Local Government Grants (Social Need) Act 1969 (provision for grants), in subsection (3) after the word “include" there shall be inserted the words “ a police authority established under section 3 of the M42Police Act 1964 and ”.E+W+S+N.I.

Annotations:

Marginal Citations

Local Authorities (Goods and Services) Act 1970E+W+S+N.I.

5In section 1 of the M43Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of “public body" after the words “local authority" there shall be inserted the words “ , any police authority established under section 3 of the M44Police Act 1964, any ”.E+W+S+N.I.

Annotations:

Marginal Citations

Local Government Act 1972E+W+S+N.I.

F496. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

7In section 98 of that Act, in subsection (1A) (application to joint authorities of provisions about members’ interests) after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M45Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

8In section 99 of that Act (meetings and proceedings of local authorities) after the words “joint authorities," there shall be inserted the words “ police authorities established under section 3 of the M46Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

9(1)Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.E+W+S+N.I.

(2)For subsection (1)(e) there shall be substituted—

(e)a police authority established under section 3 of the M47Police Act 1964;.

(3)In subsection (4), in paragraph (a)—

(a)for the words “combined police authority" there shall be substituted the words “ police authority established under section 3 of the M48Police Act 1964 ”, and

(b)for the word “which" there shall be substituted the words “ or other person that ”.

Annotations:

Marginal Citations

10(1)Section 107 of that Act (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)the words “104 and" shall be omitted, and

(b)after the words “those sections" there shall be inserted the words “ and section 104 ”.

(3)In subsection (3) for the words “for the purposes of" there shall be substituted the word “ by ”.

(4)After subsection (3) there shall be inserted—

(3A)Where pursuant to arrangements made by virtue of subsection (3) above—

(a)a chief officer of police, or

(b)the deputy of a chief officer of police,

may discharge functions of a police authority, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the authority but is not under the authority’s direction and control.

(5)In subsection (8) for the words “for the purposes of" there shall be substituted the word “ by ”.

(6)Subsections (9) and (10) shall be omitted.

11(1)Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)at the beginning there shall be inserted the words “ Subject to subsection (1A) below, ”, and

(b)after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M49Police Act 1964 ”.

(3)After subsection (1) there shall be inserted—

(1A)A police authority established under section 3 of the M50Police Act 1964 shall not be treated—

(a)as a local authority for the purposes of section 112, 139, 140A or 140C above, or

(b)as a principal council for the purposes of section 122 above.

Annotations:

Marginal Citations

12In section 223 of that Act (appearance of local authorities in legal proceedings), in subsection (2) after the words “joint authority" there shall be inserted the words “ , a police authority established under section 3 of the M51Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

13In section 228 of that Act (inspection of documents), in subsection (7A) after the words “joint authority" there shall be inserted the words “ or a police authority established under section 3 of the M52Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

14The words “and a police authority established under section 3 of the M53Police Act 1964” shall be inserted after the words “joint authority”—E+W+S+N.I.

(a)in section 229 of that Act (photographic copies of documents), in subsection (8);

(b)in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);

(c)in section 232 of that Act (public notices), in subsection (1A);

(d)in section 233 of that Act (service of notices by local authorities), in subsection (11); and

(e)in section 234 of that Act (authentication of documents), in subsection (4).

Annotations:

Marginal Citations

15(1)Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1) of paragraph 6A after the words “joint authority", there shall be inserted the words “ or a police authority established under section 3 of the M54Police Act 1964 ”.

(3)In paragraph 6B—

(a)after the word “that" there shall be inserted “ (a) ”, and

(b)for the words “members in the case of a joint authority" there shall be substituted the words , and

(b)in the case of a police authority established under section 3 of the M55Police Act 1964, sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority another member chosen by the members of the authority present shall preside.

(4)In paragraph 46, after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M56Police Act 1964 ”.

Annotations:

Commencement Information

I25Sch. 4 para. 15 wholly in force at 1.4.1995; Sch. 4 not in force at Royal Assent, see s. 94(1); Sch. 4 para. 15(1)(3) in force for certain purposes at 1.10.1994 by S.I. 1994/2025, art. 6(1)(2)(d)(3)-(6); Sch. 4 para. 15 in force at 1.4.1995 insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (with transitional provisions in art. 4(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

Local Government Act 1974E+W+S+N.I.

16In section 25 of the M57Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) for paragraph (ca) there shall be substituted—E+W+S+N.I.

(ca)any police authority established under section 3 of the M58Police Act 1964;.

Annotations:

Marginal Citations

Local Government (Miscellaneous Provisions) Act 1976E+W+S+N.I.

17In section 30 of the M59Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), for subsection (3) (police authorities to be treated as local authorities and police officers to be treated as their employees) there shall be substituted—E+W+S+N.I.

(3)For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority and references to employment shall be construed accordingly.

Annotations:

Marginal Citations

18In section 44 of that Act (interpretation), in subsection (1), in paragraph (a) of the definition of “local authority" after the words “of this Act," there shall be inserted the words “ a police authority established under section 3 of the M60Police Act 1964 and ”.E+W+S+N.I.

Annotations:

Marginal Citations

Local Government, Planning and Land Act 1980E+W+S+N.I.

19In section 2 of the M61Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)—E+W+S+N.I.

(a)in paragraph (j) the words from “a police committee" to “in Scotland", and

(b)in paragraph (k) the words from “a combined" to “in Scotland",

shall be omitted.

Annotations:

Marginal Citations

20In section 20 of that Act (interpretation of provisions relating to direct labour organisations), in subsection (1), in paragraph (a)(i) of the definition of “local authority" after the words “borough council," there shall be inserted the words “ a police authority established under section 3 of the M62Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

21In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—E+W+S+N.I.

(dc)a police authority established under section 3 of the M63Police Act 1964;.

Annotations:

Marginal Citations

22In Schedule 16 to that Act (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5B there shall be inserted—E+W+S+N.I.

5CA police authority established under section 3 of the M64Police Act 1964.

Annotations:

Marginal Citations

Local Government (Miscellaneous Provisions) Act 1982E+W+S+N.I.

23In section 33 of the M65Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a) after the words “Residuary Body" there shall be inserted the words “ , a police authority established under section 3 of the M66Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

24In section 41 of that Act (lost and uncollected property), in subsection (13), in the definition of “local authority" after paragraph (c) there shall be inserted—E+W+S+N.I.

(ca)a police authority established under section 3 of the M67Police Act 1964; and.

Annotations:

Marginal Citations

Local Government Finance Act 1982E+W+S+N.I.

F5025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F5126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F5227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F5328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Local Government Act 1986E+W+S+N.I.

29In section 6 of the M68Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a) after the entry relating to the Broads Authority there shall be inserted—E+W+S+N.I.

a police authority established under section 3 of the M69Police Act 1964,.

Annotations:

Marginal Citations

30In section 9 of that Act (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a) after the entry relating to the Common Council there shall be inserted—E+W+S+N.I.

a police authority established under section 3 of the M70Police Act 1964,.

Annotations:

Marginal Citations

Local Government Act 1988E+W+S+N.I.

31In section 1 of the M71Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1) for paragraph (e) there shall be substituted—E+W+S+N.I.

(e)a police authority established under section 3 of the M72Police Act 1964,.

Annotations:

Marginal Citations

32In Schedule 2 to that Act, in the list of public authorities to which provisions on public supply or works contracts apply, for the entry relating to police authorities there shall be substituted— “ A police authority established under section 3 of the M73Police Act 1964. ”E+W+S+N.I.

Annotations:

Marginal Citations

Local Government Finance Act 1988E+W+S+N.I.

33In section 112 of the M74Local Government Finance Act 1988 (financial administration as to combined police and fire authorities), in subsection (2) for paragraph (a) there shall be substituted—E+W+S+N.I.

(a)any police authority established under section 3 of the M75Police Act 1964, and.

Annotations:

Marginal Citations

34In section 114 of that Act (functions of the chief finance officer as regards reports), in subsection (2), for the words “or officer of the authority" there shall be inserted the words “ of the authority, a person holding any office or employment under the authority, a member of a police force maintained by the authority, ”.E+W+S+N.I.

Local Government and Housing Act 1989E+W+S+N.I.

35In section 5 of the M76Local Government and Housing Act 1989 (designation and reports of monitoring officer)—E+W+S+N.I.

(a)in subsection (1), after the words “paid service" there shall be inserted the words “ (or, in the case of a police authority established under section 3 of the Police Act 1964, the clerk to the authority) ”;

(b)in subsection (2), for the words “sub-committee or officer of the authority", in both places where they occur, there shall be substituted the words “ or sub-committee of the authority, by any person holding any office or employment under the authority ”; and

(c)in subsection (3), for the words “head of the authority’s paid service" there shall be substituted the words “ person who is for the time being designated as the head of the authority’s paid service under section 4 above ”.

Annotations:

Marginal Citations

36In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—E+W+S+N.I.

(a)in subsection (4)(h) for the words “paragraphs (a) to (g)" there shall be substituted the words “ paragraphs (b) to (g) ”, and

(b)in subsection (9) for the words “paragraphs (a) to (j)" there shall be substituted the words “ paragraphs (a) to (f) or (h) to (j) ”.

37In section 18 of that Act (allowances for local authority members), in subsection (5)(a) for the words “paragraphs (d) and (j)" there shall be substituted the words “ paragraphs (d), (g) and (j) ”.E+W+S+N.I.

38In section 21 of that Act, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.) for paragraph (g) there shall be substituted—E+W+S

(g)a police authority established under section 3 of the M77Police Act 1964;.

Annotations:

Marginal Citations

39In section 67 of that Act (application of provisions relating to companies in which local authorities have interests), in subsection (3) (definition of local authority) for paragraph (i) there shall be substituted—E+W+S+N.I.

(i)a police authority established under section 3 of the M78Police Act 1964;.

Annotations:

Marginal Citations

F5440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

41In section 152 of that Act (interpretation etc. of provision relating to power of local authorities to impose charges) subsections (1)(f) and (2)(g) shall be omitted.E+W+S+N.I.

42In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—E+W+S+N.I.

(ea)a police authority established under section 3 of the M79Police Act 1964;.

Annotations:

Marginal Citations

43In section 157 of that Act (commutation of, and interest on, periodic payments of grants etc.), in subsection (6) for paragraph (g) there shall be substituted—E+W+S+N.I.

(g)a police authority established under section 3 of the M80Police Act 1964;.

Annotations:

Marginal Citations

44In Schedule 1 to that Act (political balance on local authority committees etc.)—E+W+S+N.I.

(a)in paragraph 2(1)(a) for the words “paragraphs (f) to (j)" there shall be substituted the words “ paragraphs (f) or (h) to (j) ”, and

(b)in paragraph 4(1), in paragraph (a) of the definition of “relevant authority" for the words “paragraphs (a) to (c) or (f) to (j)" there shall be substituted the words “ paragraphs (a) to (c), (f) or (h) to (j) ”.

Local Government Finance Act 1992E+W+S+N.I.

45In section 19 of the M81Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3) for paragraph (c) there shall be substituted—E+W+S+N.I.

(c)a police authority established under section 3 of the M82Police Act 1964; and.

Annotations:

Marginal Citations

Part IIE+W+S+N.I. AMENDMENTS OF OTHER ENACTMENTS

Trustee Investments Act 1961E+W+S+N.I.

46In section 11 of the M83Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a) after the words “the Broads Authority" there shall be inserted the words “ , a police authority established under section 3 of the M84Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

47In Part II of Schedule 1 to that Act (list of narrower-range investments requiring advice), in paragraph 9, in sub-paragraph (d) for the words “a combined police authority" onwards there shall be substituted the words “ a police authority established under section 3 of the M85Police Act 1964; ”.E+W+S+N.I.

Annotations:

Marginal Citations

Leasehold Reform Act 1967E+W+S+N.I.

48In section 28 of the M86Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), in paragraph (a) for the words “any combined police authority" onwards there shall be substituted the words “ any police authority established under section 3 of the M87Police Act 1964; and ”.E+W+S+N.I.

Annotations:

Marginal Citations

Post Office Act 1969E+W+S+N.I.

F5549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F55Sch. 4 para. 49 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2(2), Sch. Table (with art. 34)

Employment Agencies Act 1973E+W+S+N.I.

50In section 13 of the M88Employment Agencies Act 1973, in subsection (7) (cases in which Act is not to apply), in paragraph (f) after the words “local authority" there shall be inserted the words “ , a police authority established under section 3 of the M89Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

Race Relations Act 1976E+W+S+N.I.

F5651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

Rent (Agriculture) Act 1976E+W+S+N.I.

52In section 5 of the M90Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.), in subsection (3) after paragraph (b) there shall be inserted—E+W+S+N.I.

(baa)a police authority established under section 3 of the M91Police Act 1964;.

Annotations:

Marginal Citations

Rent Act 1977E+W+S+N.I.

53In section 14 of the M92Rent Act 1977 (landlord’s interest belonging to local authority, etc.) after paragraph (c) there shall be inserted—E+W+S+N.I.

(caa)a police authority established under section 3 of the M93Police Act 1964;

Annotations:

Marginal Citations

Justices of the Peace Act 1979E+W+S+N.I.

F5754. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Acquisition of Land Act 1981E+W+S+N.I.

55In section 17 of the M94Acquisition of Land Act 1981 (compulsory purchase of local authority and statutory undertakers’ land), in subsection (4), in the definition (for the purposes of subsection (3)) of “local authority”—E+W+S+N.I.

(a)in paragraph (a) after the words “City of London" there shall be inserted the words “ , a police authority established under section 3 of the M95Police Act 1964 ”; and

(b)in paragraph (b) at the end there shall be added the words “ or a police authority established under section 3 of the M96Police Act 1964. ”

Annotations:

Marginal Citations

Stock Transfer Act 1982E+W+S+N.I.

56In Schedule 1 to the M97Stock Transfer Act 1982 (securities that can be transferred through a computerised system), in paragraph 7(1) for the word “or" at the end of paragraph (b) there shall be substituted—E+W+S+N.I.

(ba)any police authority established under section 3 of the Police Act 1964; or.

Annotations:

Marginal Citations

County Courts Act 1984E+W+S+N.I.

57In section 60 of the M98County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority), in subsection (3), in the definition of “local authority" after the words “borough council" there shall be inserted the words “ , a police authority established under section 3 of the M99Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

Housing Act 1985E+W+S+N.I.

58In section 4 of the M100Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—E+W+S+N.I.

(a)after the words “Broads Authority" (in the first place where they occur) there shall be inserted the words “ , in sections 438, 441, 442, 443 and 458 includes the Broads Authority and a joint authority established by Part IV of the M101Local Government Act 1985 ”,

(b)the words “sections 438, 441, 442, 443, 458, 460(3)" shall be omitted, and

(c)after the words “Broads Authority" (in the second place where they occur) there shall be inserted the words “ , a police authority established under section 3 of the M102Police Act 1964 and ”.

Annotations:

Marginal Citations

Housing Associations Act 1985E+W+S+N.I.

59In section 106 of the M103Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—E+W+S+N.I.

(a)for the words “sections 84(5) and 85(4)" there shall be substituted the words “ section 84(5) ”, and

(b)at the end there shall be added the words “ and in section 85(4) includes such a joint authority and a police authority established under section 3 of the M104Police Act 1964 ”.

Annotations:

Marginal Citations

Landlord and Tenant Act 1985E+W+S+N.I.

60In section 38 of the M105Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority" after the words “Broads Authority" there shall be inserted the words “ , a police authority established under section 3 of the M106Police Act 1964 and ”.E+W+S+N.I.

Annotations:

Marginal Citations

Landlord And Tenant Act 1987E+W+S+N.I.

61In section 58 of the M107Landlord and Tenant Act 1987, in subsection (1) (definition of “exempt landlord"), in paragraph (a) after the word “Scilly," there shall be inserted the words “ a police authority established under section 3 of the M108Police Act 1964 ”.E+W+S+N.I.

Annotations:

Marginal Citations

Housing Act 1988E+W+S+N.I.

62In Schedule 1 to the M109Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.) after sub-paragraph (2)(f) there shall be added the words and E+W+S+N.I.

(g)a police authority established under section 3 of the M110Police Act 1964.

Annotations:

Marginal Citations

Town and Country Planning Act 1990E+W+S+N.I.

63In section 252 of the M111Town and Country Planning Act 1990 (procedure for making of orders relating to highways), in subsection (12), in the definition of “local authority" after the words “London borough," there shall be inserted the words “ a police authority established under section 3 of the M112Police Act 1964, ”.E+W+S+N.I.

Annotations:

Marginal Citations

Section 44.

SCHEDULE 5E+W+S+N.I. POLICE: MINOR AND CONSEQUENTIAL AMENDMENTS

Annotations:

Extent Information

E2The provisions of Sch. 5 have the same extent as the enactments they amend, see s. 96(1)-(3)

Commencement Information

I26Sch. 5 partly in force; Sch. 5 not in force at Royal Assent, see s. 94(1); Sch. 5 Pt. I paras. 5, 15 in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 4(1)(2)(g)(3)-(6); Sch. 5 Pt. I para. 10(1)(3) in force (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(j); Sch. 5 paras. 1, 8 in force (31.12.1994) by S.I. 1994/3262, art. 3(1)(a) (with transitional provisions in art. 3(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); Sch. 5 Pt. I paras. 11 (only so far as extending to Scotland), 39 (the opening words and 39(b)), 40(1)(3) in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

F58Part IE+W+S

Annotations:

Amendments (Textual)

F58Sch. 5 Pt. I (ss. 1-15) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W+S+N.I. AMENDMENT OF OTHER ENACTMENTS

Offices, Shops and Railway Premises Act 1963E+W+S+N.I.

F5916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Pensions (Increase) Act 1971E+W+S+N.I.

17In Schedule 2 to the M119Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 15, for sub-paragraph (b) there shall be substituted—E+W+S+N.I.

(b)was engaged on service pursuant to an appointment under section 10 of the M120Overseas Development and Co-operation Act 1980, being service in respect of which section 53C of the Police Act 1964 or, as the case may be, section 38A of the M121Police (Scotland) Act 1967 had effect; or

(ba)was engaged on temporary service in accordance with section 15A(2) of the M122Police Act 1964 or section 12A(2) of the M123Police (Scotland) Act 1967; or.

Annotations:

Commencement Information

I33Sch. 5 Pt. II para. 17 wholly in force at 1.4.1995; Sch. 5 Pt. II para. 17 in force for certain purposes at Royal Assent, see s. 94(3)(c); Sch. 5 Pt. II para. 17 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

Overseas Pensions Act 1973E+W+S+N.I.

18In section 2 of the M124Overseas Pensions Act 1973 (which makes provisions for superannuation schemes as respects certain overseas service), in subsection (2), for paragraph (d) there shall be substituted—E+W+S+N.I.

(d)a person who is—

(i)a member of a police force engaged on relevant service within the meaning of section 53C(1)(a), (c) or (e) of the M125Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the M126Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980), or

(ii)a constable of a police force engaged on relevant service within the meaning of section 38A(1)(a), (c) or (e) of the M127Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the M128Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980),

and who is incapacitated or dies as a result of an injury sustained or disease contracted during that service;.

Annotations:

Commencement Information

I34Sch. 5 Pt. II para. 18 wholly in force at 1.4.1995; Sch. 5 Pt. II para. 18 in force for certain purposes at Royal Assent, see s. 94(3)(c); Sch. 5 Pt. II para. 18 in force (1.4.1995) by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

Police Pensions Act 1976E+W+S+N.I.

19In section 7 of the M129Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2), for paragraph (b) there shall be substituted—E+W+S+N.I.

(b)an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980;

(ba)a person engaged on temporary service in accordance with arrangements made under section 15A(2) of the Police Act 1964 or section 12A(2) of the Police (Scotland) Act 1967;

(bb)a person engaged on service in the Royal Ulster Constabulary, whose service is or was for the time being service in respect of which the provisions of section 53C of the M130Police Act 1964 or, as the case may be, section 38A of the M131Police (Scotland) Act 1967 have or had effect;.

Annotations:

Commencement Information

I35Sch. 5 para. 19 wholly in force at 1.4.1995; Sch. 5 para. 19 in force for certain purposes at Royal Assent, see s. 94(3)(c); Sch. 5 Pt. II para. 19 in force (1.4.1995) by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

20(1)Section 11 of that Act (interpretation) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraph (a) there shall be substituted—

(a)service as an officer pursuant to an appointment under section 10 of the M132Overseas Development and Co-operation Act 1980;

(aa)temporary service in accordance with arrangements made under section 15A(2) of the Police Act 1964 or section 12A(2) of the Police (Scotland) Act 1967;

(ab)service in the Royal Ulster Constabulary in respect of which the provisions of section 53C of the Police Act 1964 or, as the case may be, section 38A of the Police (Scotland) Act 1967 have effect;.

(3)In subsection (2)(b) after the words “subsection (1)" there shall be inserted “ (aa), (ab), ”.

(4)In subsection (3)—

(a)in paragraph (b) after the words “subsection (1)(a)," there shall be inserted “ (aa), (ab), ”, and

(b)after the words “body in" there shall be inserted the words “ or with ”.

Annotations:

Commencement Information

I36Sch. 5 Pt. II para. 20 wholly in force at 1.4.1995; Sch. 5 Pt. II para. 20 in force for certain purposes at Royal Assent, see s. 94(3)(c); Sch. 5 Pt. II para. 20 in force (1.4.1995) by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

Police Negotiating Board Act 1980E+W+S+N.I.

F6021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

Finance Act 1981E+W+S+N.I.

F6122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

Aviation Security Act 1982E+W+S+N.I.

23In section 31 of the M133Aviation Security Act 1982 (application to Scotland, etc.), in subsection (2)(b) for the words from “from" to “paragraph" there shall be substituted the words “ following “area or," ”.E+W+S+N.I.

Annotations:

Marginal Citations

Police and Criminal Evidence Act 1984E+W+S+N.I.

24[F62In section 84 of the M134Police and Criminal Evidence Act 1984 (general provision relating to police complaints and discipline), in subsection (4)—E+W

(a)in the definition of “senior officer" for the words “chief superintendent" there shall be substituted the word “ superintendent ”, and]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F62Sch. 5 Pt. II para. 24: opening words and para. 24(a) repealed (31.3.1999) by 1996 c. 16, ss. 103(3), 104(2), Sch. 9 Pt. II, S.I. 1999/533

Commencement Information

I37Sch. 5 Pt. II para. 24 partly in force; Sch. 5 Pt. II para. 24 not in force at Royal Assent, see s. 94(1); Sch. 5 Pt. II para. 24(a) in force (1.4.1995) by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

F6325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6527. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6729. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F6931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F7032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F7133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F7234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

35(1)Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) for the words “he has been" onwards there shall be substituted—

(a)he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or

(b)he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.

(3)In subsection (2) for the words “chief superintendent" there shall be substituted the word “ superintendent ”.

F7336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Public Order Act 1986E+W+S+N.I.

37In section 15 of the M135Public Order Act 1986 (delegation of functions of chief officer of police), for the words “a deputy or", in both places where they occur, there shall be substituted the word “ an ”.E+W+S+N.I.

Annotations:

Marginal Citations

Channel Tunnel Act 1987E+W+S+N.I.

38(1)Section 14 of the M136Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows.E+W+S+N.I.

(2)In subsections (1), (2) and (3) for the words “of the county of Kent" there shall be substituted the words “ maintained for the Kent police area ”.

(3)In subsections (4) and (5)—

(a)for the words “police committee for the county of Kent" there shall be substituted the words “ Kent Police Authority ”, and

(b)for the word “committee", in the second place where it occurs, there shall be substituted the word “ Authority ”.

Annotations:

Marginal Citations

Tribunals and Inquiries Act 1992E+W+S+N.I.

39In section 7 of the M137Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act), in subsection (2) (tribunals to which that section does not apply)—E+W+S+N.I.

F74(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the words “or 56(a)" there shall be substituted the words “ , 56(a) or 57A ”.

Annotations:

Amendments (Textual)

Commencement Information

I38Sch. 5 Pt. I para. 39 partly in force; Sch. 5 Pt. I para. 39 not in force at Royal Assent, see s. 94(1); Sch. 5 Pt. I para. 39 (the opening words and (b)) in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

Marginal Citations

40(1)Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows.E+W+S+N.I.

F75(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted—

57A Police

57AAn appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c.77).

Annotations:

Amendments (Textual)

Commencement Information

I39Sch. 5 Pt. I para. 40 partly in force; Sch. 5 Pt. I para. 40 not in force at Royal Assent, see s. 94(1); Sch. 5 Pt. I para. 40(1)(3) in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

Section 55.

SCHEDULE 6S SCHEDULE TO BE INSERTED IN POLICE (SCOTLAND) ACT 1967 : APPEALS TRIBUNALS

Annotations:

Commencement Information

I40Sch. 6 wholly in force at 1.8.1996; Sch. 6 not in force at Royal Assent, see s. 94(1); Sch. 6 in force (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

SCHEDULE 3S APPEALS

Police Appeals TribunalsS

1(1)In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—

(a)one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this Schedule;

(b)one shall be a member of a police authority, other than the relevant police authority; and

(c)one shall be a person who is (or has within the previous five years been) an inspector of constabulary.

(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

2(1)In the case of an appeal by a constable who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

(a)one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule;

(b)one shall be a member of the authority;

(c)one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the police force; and

(d)one shall be a retired constable of appropriate rank.

(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

Notice of appealS

3An appeal shall be instituted by giving notice of appeal within the time prescribed by rules under section 30 of this Act.

RespondentS

4On any appeal the respondent shall be the person prescribed by rules under section 30 of this Act.

Casting voteS

5Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

HearingS

6(1)A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(2)Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.

EffectS

7(1)Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.

(2)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.

(3)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Tribunal remuneration and expensesS

8Members of a police appeals tribunal shall be—

(a)paid such remuneration; and

(b)reimbursed for such expenses,

as the Secretary of State may determine.

Expenses of proceedingsS

9(1)An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority.

(2)Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.

InterpretationS

10In this Schedule—

(a)senior officer” means a constable holding a rank above that of superintendent;

(b)relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and

(c)retired constable of appropriate rank” means—

(i)where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and

(ii)in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.

.

F76SCHEDULE 7E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Section 91.

SCHEDULE 8E+W MAGISTRATES’ COURTS: MINOR AND CONSEQUENTIAL AMENDMENTS

Annotations:

Commencement Information

I41Sch. 8 partly in force; Sch. 8 not in force at Royal Assent, see s. 94(1)(2); Sch. 8 in force for certain purposes at 1.11.1994, 3.2.1995, 1.4.1995 and otherwise prosp. by S.I. 1994/2594, arts. 3(l), 6; S.I. 1995/42, art. 2; S.I. 1995/685, arts. 4(l), 7

F77Part IE+W

Annotations:

Amendments (Textual)

F77Sch. 8 Pt. I (ss. 1-23) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W AMENDMENTS OF OTHER ENACTMENTS

London Building Acts (Amendment) Act 1939E+W

F7824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Superannuation (Miscellaneous Provisions) Act 1967E+W

F7925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Pensions (Increase) Act 1971E+W

26In Schedule 2 to the M138Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 47, at the end of paragraph (b) there shall be added the words— or as staff of such a committee; or E+W

(c)service as a justices’ chief executive.

Annotations:

Marginal Citations

27In Schedule 6 to that Act (employments relevant to section 13(2) of that Act), in paragraph (d) after the words “for that area" there shall be inserted the words “ or by any magistrates’ courts committee whose area includes all or part of that area ”.E+W

Juries Act 1974E+W

28F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Domestic Proceedings and Magistrates’ Courts Act 1978E+W

29F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Magistrates’ Courts Act 1980E+W

30F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

31In section 145 of that Act, subsection (1)(d) (by virtue of which rules may make provision as to the extent to which a justices’ clerk may engage in practice as a legal representative) shall be omitted.E+W

Road Traffic Offenders Act 1988E+W

32F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Criminal Justice Act 1991E+W

33F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

34F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Local Government Finance Act 1992E+W

F8635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Section 93.

SCHEDULE 9E+W+S+N.I. REPEALS

Annotations:

Extent Information

E3The repeals in Sch. 9 have the same extent as the enactments repealed, see s. 96(4)

Commencement Information

I43Sch. 9 partly in force; Sch. 9 not in force at Royal Assent, see s. 94(1); Sch. 9 in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 4(1)(2)(h)(3)-(6); Sch. 9 in force for certain purposes (23.8.1994) by S.I. 1994/2151, art. 2(1)(2)(c); Sch. 9 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(m); Sch. 9 in force for certain purposes (1.11.1994) by S.I. 1994/2594, arts. 3(n), 7; Sch. 9 in force for certain purposes (31.12.1994) by S.I. 1994/3262, art. 3(1)(c); Sch. 9 in force for certain purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; Sch. 9 in force for certain purposes (1.4.1995) by S.I. 1994/3262, art. 4(1), Sch. and S.I. 1995/492, art. 2, Sch. 1 and S.I. 1995/685, arts. 4(n), 8; Sch. 9 in force for certain purposes (13.12.1995) by S.I. 1995/3003, art. 1, Sch.; Sch. 9 in force for certain purposes (1.4.1996) by S.I. 1995/492, art. 3, Sch. 2; Sch. 9 in force for certain purposes (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

Part IE+W+S+N.I. POLICE

Annotations:

Commencement Information

I44Sch. 9 Pt. I partly in force; Sch. 9 Pt. I not in force at Royal Assent, see s. 94(1); Sch. 9 Pt. I in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 4(1)(2)(h)(3)-(6); Sch. 9 Pt. I in force for certain purposes (23.8.1994) by S.I. 1994/2151, art. 2(1)(2)(c); Sch. 9 Pt. I in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(m); Sch. 9 Pt. I in force for certain purp[oses (31.12.1994) by S.I. 1994/3262, art. 3(1)(c); Sch. 9 Pt. I in force for certain purposes (1.1.1995) by S.I. 1994/3075, art. 2, Sch.; Sch. 9 Pt. I in force (1.4.1995) for certain purposes by S.I. 1994/3262, art. 4, Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); Sch. 9 Pt. I in force for certain purposes (13.12.1995) by S.I. 1995/3003, art. 2, Sch.; Sch. 9 Pt. I in force for certain purposes (1.4.1996) by S.I. 1995/492, art. 3, Sch. 2; Sch. 9 Pt. 1 in force for certain purposes (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with savings in art. 3)

ChapterShort titleExtent of repeal
19 & 20 Vict. c. 2.The Metropolitan Police Act 1856.In section 2 the word “six" and the words “and upon every vacancy" onwards.
49 & 50 Vict. c. 38.The Riot (Damages) Act 1886.In section 9, paragraph (a) of the definition of “compensation authority".
54 & 55 Vict. c. 43.The Forged Transfers Act 1891.In section 2, in paragraph (ab) of the definition of “local authority" the words “a combined police authority or".
2 Edw. 7 c. 28.The Licensing Act 1902.In section 6(1) the words “(within the meaning of the Police Act 1890)".
9 & 10 Geo. 6 c. 17.The Police (Overseas Service) Act 1945.

Section 2(1), (1A) and (2).

Section 3(1) and (2).

9 & 10 Geo. 6 c. 18.The Statutory Orders (Special Procedure) Act 1945.In section 11(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".
12, 13 & 14 Geo. 6 c. 5.The Civil Defence Act 1948.In section 9(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".
1963 c. 18.The Stock Transfer Act 1963.In section 4(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".
1964 c. 48.The Police Act 1964.

Section 6A.

In section 7(1) the words “, deputy chief constable".

Section 9.

In section 12, in subsections (1) and (2) the words “in writing".

In section 17(1) the words “and subject to the approval of the police authority as to numbers".

Sections 22, 23 and 24.

Section 25(5).

In section 26(1) the words “and to the county fund" and the words “and to the general fund" onwards.

In section 27, the definition of “amalgamation scheme", “constituent area", “constituent authority", “local fund" and “officer"

In section 29(2) the words “or deputy".

In section 29(4) the words “or deputy".

In section 33(5) the words “and may" onwards.

Section 43(1) to (3).

In section 43(5) the words “and “police regulations"" onwards.

F87. . .

Section 58(6).

F87. . .

F87. . .

Schedules 3, 4 and 8.

In Schedule 9, the entry relating to the Police (Overseas Service) Act 1945.

1965 c. 12.The Industrial and Provident Societies Act 1965.In section 31(a)(ia) the words “a combined police authority or".
1965 c. 63.The Public Works Loans Act 1965.In section 2(1)(a)(ia) the words “a combined police authority or".
1967 c. 77.The Police (Scotland) Act 1967.

In section 6(2), the words “a deputy chief constable".

In section 7(1), the words “deputy chief constable," and “, chief superintendent and".

Section 7(2).

In section 8(1), the words “and subject to the approval of the police authority and the Secretary of State as to numbers".

In section 14(1), the words “(whether by the appointment of temporary constables or otherwise)".

In section 24(3) the words from “and the expression" onwards.

In section 26, in subsection (2)(d), the words “or temporary"; and subsection (7).

In section 31, in each of subsections (2) and (4), the words “or deputy".

Section 38(1) to (3).

In section 38(5), the words from “ “police regulations" ” onwards

In section 42(1), the words “or to commit breaches of discipline".

In section 51(1), the definitions of “regular constable", “special constable" and “temporary constable".

In Schedule 2, paragraph 2.

In Schedule 4, the entry relating to the Police (Overseas Service) Act 1945.

1968 c. 13.The National Loans Act 1968.In Schedule 4, in paragraph 1(a)(ia) the words “a combined police authority or".
1969 c. 51.The Development of Tourism Act 1969.In section 14(2)(a)(ia) the words “a combined police authority or".
1969 c. 63.The Police Act 1969.Section 2.
1971 c. 23.The Courts Act 1971.

Section 53(5).

In section 53(6) the words “or subsection (5)".

In section 53(7) the words “and (b) any amalgamation" onwards.

1971 c. 56.The Pensions (Increase) Act 1971.In Schedule 3, in paragraph 6(1)(a)(ia) the words “a combined police authority or".
1972 c. 70.The Local Government Act 1972.

Section 101(9)(c)

In section 107(1)(b) the words “104 and".

Section 107(9) and (10).

In section 168(5)(aa) the words “a combined police authority or".

In section 196, subsections (2) to (4), (6) and (9).

1976 c. 35.The Police Pensions Act 1976.In Schedule 2, paragraph 1, in paragraph 5 the words “43(1) and" and in paragraph 6 the words from “1948" to “in both".
1980 c. 10.The Police Negotiating Board Act 1980.In section 1(1) the word “and" at the end of paragraph (a).
1980 c. 63.The Overseas Development and Co-operation Act 1980.Section 11.
1980 c. 65.The Local Government, Planning and Land Act 1980.In section 2(1), in paragraph (j) the words from “a police committee" to “in Scotland", and in paragraph (k) the words from “a combined" to “in Scotland".
1980 c. 66.The Highways Act 1980.In Schedule 6, in paragraph 3(3)(a)(ia) the words “a combined police authority or".
1981 c. 64.The New Towns Act 1981.In section 80(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".
1981 c. 67.The Acquisition of Land Act 1981.

In section 7(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".

In Schedule 4, paragraph 13.

1982 c. 32.The Local Government Finance Act 1982.In Schedule 5, paragraph 2.
1982 c. 36.The Aviation Security Act 1982.In section 30(3)(c) the words “or, if that area is a county, to employment by the police authority or the county council".
1984 c. 27.The Road Traffic Regulation Act 1984.Section 97(2).
1984 c. 60.The Police and Criminal Evidence Act 1984.

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

F88. . .

Section 108(2) and (3).

In section 108(6) the words “section 58(2) of the Police Act 1964 and" and the words “both of"

In Schedule 4, in paragraph 11, sub-paragraph (a)(ii) and sub-paragraph (b)(iii) and the word “or" immediately preceding it.

In Schedule 6, paragraphs 14 and 15.

1985 c. 43.The Local Government (Access to Information) Act 1985.In Schedule 2, paragraph 5.
1985 c. 51.The Local Government Act 1985.

Sections 24 and 25.

In section 29(1) the words “, joint magistrates’ committee or magistrates’ courts committee" and the words “or committee".

In section 29(3) the words “and any alteration" onwards

In section 30(1) the words “, joint magistrates’ committee and magistrates’ courts committee".

In section 30(2), paragraph (c) and the word “and" immediately preceding it.

Section 32(8).

In section 36 the words “, joint magistrates’ committee or magistrates’ courts committee", and the words “from a constituent council" in the second place where they occur.

In section 37 the word “police,".

In section 42, subsections (1)(a) and (2)(a), and in subsection (3) the word “police,".

In the tables in Parts II to IV of Schedule 10, in column 1 the words “Joint magistrates’ committee" and column 2.

In the table in Part V of Schedule 10, in column 1 the words “Magistrates:" onwards and column

In the tables in Parts VI and VII of Schedule 10, in column 1 the words “Joint magistrates’ committee" and column 2.

In Schedule 11, paragraph 1.

1985 c. 68.The Housing Act 1985.In section 4(e) the words “sections 438, 441, 442, 443, 458, 460(3)".
1986 c. 32.The Drug Trafficking Offences Act 1986.Section 35.
1986 c. 63.The Housing and Planning Act 1986.In Schedule 5, paragraph 20.
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 842A(2)(e).
1988 c. 41.The Local Government Finance Act 1988.In section 111(2), paragraphs (f) and (l).
1989 c. 42.The Local Government and Housing Act 1989.

Section 5(4)(a).

Section 13(4)(a).

In section 21(1)(i) the word “police,".

In section 39(1)(g) the word “police,".

In section 67(3)(k) the word “police,".

Section 152(1)(f).

In section 152(2), paragraph (g) and the word “police," in paragraph (i).

In Schedule 1, paragraph 2(1)(c).

1990 c. 8.The Town and Country Planning Act 1990.In section 336(1), in paragraph (aa) of the definition of “local authority" the words “a combined police authority or".
1990 c. 41.The Courts and Legal Services Act 1990.F89. . .
1992 c. 14.The Local Government Finance Act 1992.

In section 19(3), paragraph (d), the word “and" at the end of paragraph (e), and paragraph (f).

In section 46, subsections (2)(a) and (3)(a).

1992 c. 19.The Local Government Act 1992.

In section 14(5), the word “and" at the end of paragraph (c).

In section 18, subsections (2) and (4)(a).

In Schedule 3, paragraphs 3, 4 and 5.

1993 c. 25.The Local Government (Overseas Assistance) Act 1993In section 1(10), paragraph (b) and in paragraph (d) the word “police".
1994 c. 19.The Local Government (Wales) Act 1994.Section 24.
Annotations:

Amendments (Textual)

F87Sch. 9 Pt. I entries relating to 1964 c. 48 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F88Sch. 9 Pt. I entries relating to 1984 c. 60 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F89Sch. 9 Pt. I entry relating to 1990 c. 41 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Act of the Parliament of Northern IrelandN.I.

ChapterShort titleExtent of repeal
1970 c. 9 (N.I.).The Police Act (Northern Ireland) 1970.

Section 10(5).

Section 25(5).

Section 26(3).

Part IIE+W+S+N.I. Magistrates’ courts

Annotations:

Commencement Information

I45Sch. 9 Pt. II partly in force; Sch. 9 Pt. II not in force at Royal Assent, see 94(1); Sch. 9 Pt. II in force for certain purposes at 1.11.1994 by S.I. 1994/2594, arts. 3(n), 7; Sch. 9 Pt. II in force for certain further purposes at 1.4.1995 by S.I. 1995/685, arts. 4(n), 8

ChapterShort titleExtent of repeal
60 & 61 Vict. c. 26.The Metropolitan Police Courts Act 1897.Sections 3, 4, 7 and 11.
2 & 3 Geo. 6 c. xcvii.The London Building Acts (Amendment) Act 1939.In section 151(1)(bb) the words from “the magistrates’ courts" to “City of London)".
14 & 15 Geo. 6 c. 65.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.In section 48 the words “or justices’ clerk".
7 & 8 Eliz. 2 c. 45.The Metropolitan Magistrates’ Courts Act 1959.

In section 3(1) the words “and the metropolitan magistrates’ courts".

In section 4(2) the words “of the metropolitan magistrates’ courts".

1964 c. 42.The Administration of Justice Act 1964.In Schedule 3, in Part II, paragraph 29.
1968 c. 65.The Gaming Act 1968.In Schedule 2, in paragraph 2(2), in the definition of “the clerk to the licensing authority", the words from “(or, in the case" to “committee of magistrates)".
1974 c. 23.The Juries Act 1974.In Schedule 1, in Group B of Part I, the words from “Clerks and other officers" to “magistrates courts administration)".
1979 c. 55.The Justices of the Peace Act 1979.

In section 12(7), the words from “which" onwards.

In section 18(2), the word “and" at the end of paragraph (b).

Section 19(3) and (4).

In section 21(1), the words “(except as provided by subsection (2) below)".

Section 22(2).

In section 23, in subsection (1) the words from “acting" to “boroughs".

In section 24, in subsections (1)(a) and (2), the word “outer" and in subsection (5) the words “in a non-metropolitan county, metropolitan district or outer London borough".

In section 24A(1), the words from “for an area" to “City of London".

In section 26, in subsection (1) the words “of any class or description" and, in paragraph (a), the words from “and is within" to “that class or description" and subsections (2), (4) and (5).

In section 27, subsections (1) to (5) and (7) and (9).

Section 28(1A)(b) and (c).

In section 30(1), the words “outside the inner London area".

Sections 35 to 38.

Section 53(6).

Sections 57 and 58.

In section 59(1)(b), the words “or, in the case of the Receiver, his corresponding functions".

In section 63, subsection (2) and, in subsection (4), the words “or subsection (2)" and “or committee of magistrates".

In section 70, the definitions of “joint committee area" and “the Receiver".

1980 c. 43.The Magistrates’ Courts Act 1980.

Section 68(7).

Section 141(3).

Section 145(1)(d).

1985 c. 51.The Local Government Act 1985.Section 12(4)(a), (5), (6), (8)(c) and (9).
1988 c. 33.The Criminal Justice Act 1988.Sections 164(3) and 165.
1990 c. 41.The Courts and Legal Services Act 1990.

Section 10(3) to (5).

In Schedule 18, paragraph 25(4)(c).

1991 c. 53.The Criminal Justice Act 1991.

In section 76, in subsection (3), the words from “in relation to" to “inner London area" and subsection (5).

Section 79.

Section 93(1) and (2).

In Schedule 11, in paragraph 40(2)(k), the words “35(3), 37(1)," and paragraph 41(2)(c).

1992 c. 6.The Social Security (Consequential Provisions) Act 1992.In Schedule 2, paragraph 58.
1993 c. 48.The Pension Schemes Act 1993.In Schedule 8, paragraph 12.