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Police and Magistrates’ Courts Act 1994

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Section 44.

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

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Extent Information

E1The provisions of Sch. 5 have the same extent as the enactments they amend, see s. 96(1)-(3)

Commencement Information

I1Sch. 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)

F1Part IE+W+S

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Amendments (Textual)

F1Sch. 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 I (ss. 1-15) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt.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.

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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

17In Schedule 2 to the M7Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 15, for sub-paragraph (b) there shall be substituted—

(b)was engaged on service pursuant to an appointment under section 10 of the M8Overseas 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 M9Police (Scotland) Act 1967 had effect; or

(ba)was engaged on temporary service in accordance with section 15A(2) of the M10Police Act 1964 or section 12A(2) of the M11Police (Scotland) Act 1967; or.

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Commencement Information

I8Sch. 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 M12Overseas Pensions Act 1973 (which makes provisions for superannuation schemes as respects certain overseas service), in subsection (2), for paragraph (d) there shall be substituted—

(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 M13Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the M14Police (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 M15Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the M16Police (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;.

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Commencement Information

I9Sch. 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 M17Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2), for paragraph (b) there shall be substituted—

(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 M18Police Act 1964 or, as the case may be, section 38A of the M19Police (Scotland) Act 1967 have or had effect;.

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Commencement Information

I10Sch. 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 M20Overseas 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 ”.

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Commencement Information

I11Sch. 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.

F321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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

F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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

23In section 31 of the M21Aviation 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," ”.

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Marginal Citations

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

24[F5In section 84 of the M22Police and Criminal Evidence Act 1984 (general provision relating to police complaints and discipline), in subsection (4)—

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

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

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Amendments (Textual)

F5Sch. 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

I12Sch. 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

F625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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 ”.

F1636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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

37In section 15 of the M23Public 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 ”.

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Marginal Citations

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

38(1)Section 14 of the M24Channel 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 ”.

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Marginal Citations

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

39In section 7 of the M25Tribunals 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)—

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

Commencement Information

I13Sch. 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.

F18(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).

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Amendments (Textual)

Commencement Information

I14Sch. 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)

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