Police and Magistrates’ Courts Act 1994

SCHEDULES

F1 SCHEDULE 1 E+W

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Textual Amendments

F1 Sch. 1 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F2 SCHEDULE 2 E+W

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Textual Amendments

F2 Sch. 2 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F3 SCHEDULE 3 E+W

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Textual Amendments

F3 Sch. 3 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Section 43.

SCHEDULE 4 U.K. APPLICATION TO POLICE AUTHORITIES OF ENACTMENTS RELATING TO LOCAL AUTHORITIES

Extent Information

E1 The provisions of Sch. 4 have the same extent as the provisions they amend, see s. 96(1)-(3)

Commencement Information

I1 Sch. 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 I U.K. AMENDMENTS OF LOCAL GOVERNMENT ENACTMENTS

Local Government (Records) Act 1962 U.K.

1 U.K. In section 2 of the M1 Local 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 M2 Police Act 1964, ”.

Marginal Citations

M1 1962 c. 56.

M2 1964 c. 48.

2 U.K. In 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 M3 Police Act 1964, ”.

Marginal Citations

M3 1964 c. 48.

Local Government Act 1966 U.K.

3 U.K. In section 11 of the M4 Local 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 M5 Police Act 1964 and ”.

Marginal Citations

M4 1966 c. 42.

M5 1964 c. 48.

Local Government Grants (Social Need) Act 1969 U.K.

4 U.K. In section 1 of the M6 Local 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 M7 Police Act 1964 and ”.

Marginal Citations

M6 1969 c. 2.

M7 1964 c. 48.

Local Authorities (Goods and Services) Act 1970 U.K.

5 U.K. In section 1 of the M8 Local 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 M9 Police Act 1964, any ”.

Marginal Citations

M8 1970 c. 39.

M9 1964 c. 48.

Local Government Act 1972 U.K.

F4 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 6 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

7 U.K. In 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 M10 Police Act 1964 ”.

Marginal Citations

M10 1964 c. 48.

8 U.K. In 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 M11 Police Act 1964 ”.

Marginal Citations

M11 1964 c. 48.

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. U.K.

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

“(e) a police authority established under section 3 of the M12 Police 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 M13 Police Act 1964 ”, and

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

Marginal Citations

M12 1964 c. 48.

M13 1964 c. 48.

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. U.K.

(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. U.K.

(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 M14 Police Act 1964 ”.

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

“(1A) A police authority established under section 3 of the M15 Police 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.”

Marginal Citations

M14 1964 c. 48.

M15 1964 c. 48.

12 U.K. In 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 M16 Police Act 1964 ”.

Marginal Citations

M16 1964 c. 48.

13 U.K. In 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 M17 Police Act 1964 ”.

Marginal Citations

M17 1964 c. 48.

14 U.K. The words “and a police authority established under section 3 of the M18 Police Act 1964” shall be inserted after the words “joint authority”—

(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).

Marginal Citations

M18 1964 c. 48.

15 (1) Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows. U.K.

(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 M19 Police 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 M20 Police 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 M21 Police Act 1964 ”.

Commencement Information

I2 Sch. 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

M19 1964 c. 48.

M20 1964 c. 48.

M21 1964 c. 48.

Local Government Act 1974 U.K.

16 U.K. In section 25 of the M22 Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) for paragraph (ca) there shall be substituted—

“(ca) any police authority established under section 3 of the M23 Police Act 1964;”.

Marginal Citations

M22 1974 c. 7.

M23 1964 c. 48.

Local Government (Miscellaneous Provisions) Act 1976 U.K.

17 U.K. In section 30 of the M24 Local 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—

“(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.”

Marginal Citations

M24 1976 c. 57.

18 U.K. In 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 M25 Police Act 1964 and ”.

Marginal Citations

M25 1964 c. 48.

Local Government, Planning and Land Act 1980 U.K.

19 U.K. In section 2 of the M26 Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)—

(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.

Marginal Citations

M26 1980 c. 65.

20 U.K. In 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 M27 Police Act 1964 ”.

Marginal Citations

M27 1964 c. 48.

21 U.K. In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—

“(dc) a police authority established under section 3 of the M28 Police Act 1964;”.

Marginal Citations

M28 1964 c. 48.

22 U.K. In 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—

“5C A police authority established under section 3 of the M29 Police Act 1964.”

Marginal Citations

M29 1964 c. 48.

Local Government (Miscellaneous Provisions) Act 1982 U.K.

23 U.K. In section 33 of the M30 Local 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 M31 Police Act 1964 ”.

Marginal Citations

M30 1982 c. 30.

M31 1964 c. 48.

24 U.K. In 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—

“(ca) a police authority established under section 3 of the M32 Police Act 1964; and”.

Marginal Citations

M32 1964 c. 48.

Local Government Finance Act 1982 U.K.

25 In section 12 of the M33 Local Government Finance Act 1982 (accounts subject to audit), in subsection (2) for paragraph (g) there shall be substituted—

“(g) a police authority established under section 3 of the M34 Police Act 1964;”.

Commencement Information

I3 Sch. 4 Pt. I para. 25 wholly in force at 1.4.1995; Sch. 4 Pt. I para. 25 not in force at Royal Assent, see s. 94(1); Sch. 4 Pt. I para. 25 in force for certain purposes at 1.10.1994 by S.I. 1994/2025, art. 6(1)(2)(d)(3)-(6); Sch. 4 para. 25 in force (15.1.1995) for certain further purposes by S.I. 1994/3262, art. 4(8); Sch. 4 para. 25 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

M33 1982 c. 32.

M34 1964 c. 48.

26 In section 19 of that Act (declaration that item of account is unlawful), in subsection (7) at the end there shall be added the words “ and a police authority established under section 3 of the M35 Police Act 1964 ”.

Marginal Citations

M35 1964 c. 48.

27 In section 20 of that Act (recovery of amount not accounted for etc.), in subsection (10) at the end there shall be added the words “ and a police authority established under section 3 of the M36 Police Act 1964 ”.

Marginal Citations

M36 1964 c. 48

28 After section 28A of that Act there shall be inserted—

“28B Delivery of documents relating to police authorities to Secretary of State.

“28B (1) The Commission shall send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which relates to a police authority established under section 3 of the M37 Police Act 1964.

(2) If it appears to the Commission appropriate to do so, it may send to the Secretary of State a copy of any document—

(a) which relates to one or more police authorities established under section 3 of the Police Act 1964, and

(b) which has been sent (or a copy of which has been sent) by the Commission to a police authority established under that section.”

Marginal Citations

M37 1964 c. 48.

Local Government Act 1986 U.K.

29 U.K. In section 6 of the M38 Local 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—

“a police authority established under section 3 of the M39 Police Act 1964,”.

Marginal Citations

M38 1986 c. 10.

M39 1964 c. 48

30 U.K. In 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—

“a police authority established under section 3 of the M40 Police Act 1964,”.

Marginal Citations

M40 1966 c. 42.

Local Government Act 1988 U.K.

31 U.K. In section 1 of the M41 Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1) for paragraph (e) there shall be substituted—

“(e) a police authority established under section 3 of the M42 Police Act 1964,”.

Marginal Citations

M41 1988 c. 9.

M42 1967 c. 77.

32 U.K. In 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 M43 Police Act 1964. ”

Marginal Citations

M43 1967 c. 77.

Local Government Finance Act 1988 U.K.

33 U.K. In section 112 of the M44 Local Government Finance Act 1988 (financial administration as to combined police and fire authorities), in subsection (2) for paragraph (a) there shall be substituted—

“(a) any police authority established under section 3 of the M45 Police Act 1964, and”.

Marginal Citations

M44 1988 c. 41.

M45 1964 c. 48.

34 U.K. In 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, ”.

Local Government and Housing Act 1989 U.K.

35 U.K. In section 5 of the M46 Local Government and Housing Act 1989 (designation and reports of monitoring officer)—

(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 ”.

Marginal Citations

M46 1989 c. 42.

36 U.K. In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—

(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) ”.

37 U.K. In 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) ”.

38 E+W+S In 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—

“(g) a police authority established under section 3 of the M47 Police Act 1964;”.

Marginal Citations

M47 1964 c. 48.

39 U.K. In 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—

“(i) a police authority established under section 3 of the M48 Police Act 1964;”.

Marginal Citations

M48 1964 c. 48.

40 In section 101 of that Act (housing grants for improvements and repairs), in subsection (3) (bodies ineligible to apply for grants) after paragraph (e) there shall be inserted—

“(ea) a police authority established under section 3 of the M49 Police Act 1964;”.

Marginal Citations

M49 1964 c. 48.

41 U.K. In 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.

42 U.K. In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—

“(ea) a police authority established under section 3 of the M50 Police Act 1964;”.

Marginal Citations

M50 1964 c. 48.

43 U.K. In 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—

“(g) a police authority established under section 3 of the M51 Police Act 1964;”.

Marginal Citations

M51 1964 c. 48.

44 U.K. In Schedule 1 to that Act (political balance on local authority committees etc.)—

(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 1992 U.K.

45 U.K. In section 19 of the M52 Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3) for paragraph (c) there shall be substituted—

“(c) a police authority established under section 3 of the M53 Police Act 1964; and”.

Marginal Citations

M52 1992 c. 14.

M53 1964 c. 48.

Part II U.K. AMENDMENTS OF OTHER ENACTMENTS

Trustee Investments Act 1961 U.K.

46 U.K. In section 11 of the M54 Trustee 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 M55 Police Act 1964 ”.

Marginal Citations

M54 1961 c. 62.

M55 1964 c. 48.

47 U.K. In 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 M56 Police Act 1964; ”.

Marginal Citations

M56 1964 c. 48.

Leasehold Reform Act 1967 U.K.

48 U.K. In section 28 of the M57 Leasehold 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 M58 Police Act 1964; and ”.

Marginal Citations

M57 1967 c. 88.

M58 1964 c. 48.

Post Office Act 1969 U.K.

49 In section 7 of the M59 Post Office Act 1969 (powers of the Post Office) after subsection (1) there shall be inserted—

“(1AA) In subsection (1)(e) above, “local authority” includes a police authority established under section 3 of the M60 Police Act 1964.”

Marginal Citations

M59 1969 c. 48.

M60 1964 c. 48.

Employment Agencies Act 1973 U.K.

50 U.K. In section 13 of the M61 Employment 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 M62 Police Act 1964 ”.

Marginal Citations

M61 1973 c. 35.

M62 1964 c. 48.

Race Relations Act 1976 U.K.

51 In section 71 of the M63 Race Relations Act 1976 (local authorities: general statutory duty) after the word “includes" there shall be inserted the words “ a police authority established under section 3 of the M64 Police Act 1964 and ”.

Marginal Citations

M63 1976 c. 74.

M64 1964 c. 48.

Rent (Agriculture) Act 1976 U.K.

52 U.K. In section 5 of the M65 Rent (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—

“(baa) a police authority established under section 3 of the M66 Police Act 1964;”.

Marginal Citations

M65 1976 c. 80.

M66 1964 c. 48.

Rent Act 1977 U.K.

53 U.K. In section 14 of the M67 Rent Act 1977 (landlord’s interest belonging to local authority, etc.) after paragraph (c) there shall be inserted—

“(caa) a police authority established under section 3 of the M68 Police Act 1964;”

Marginal Citations

M67 1977 c. 42.

M68 1964 c. 48.

Justices of the Peace Act 1979 U.K.

54 In section 64 of the Justices of the M69 Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority) for the word “and" (in the first place where it occurs) there shall be substituted the words “ a police authority established under section 3 of the M70 Police Act 1964, ”.

Marginal Citations

M69 1979 c. 55.

M70 1964 c. 48.

Acquisition of Land Act 1981 U.K.

55 U.K. In section 17 of the M71 Acquisition 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”—

(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 M72 Police 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 M73 Police Act 1964. ”

Marginal Citations

M71 1981 c. 67.

M72 1964 c. 48.

M73 1964 c. 48.

Stock Transfer Act 1982 U.K.

56 U.K. In Schedule 1 to the M74 Stock 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—

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

Marginal Citations

M74 1982 c. 41.

County Courts Act 1984 U.K.

57 U.K. In section 60 of the M75 County 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 M76 Police Act 1964 ”.

Marginal Citations

M75 1984 c. 28.

M76 1964 c. 48.

Housing Act 1985 U.K.

58 U.K. In section 4 of the M77 Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—

(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 M78 Local 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 M79 Police Act 1964 and ”.

Marginal Citations

M77 1985 c. 68.

M78 1985 c. 51.

M79 1964 c. 48.

Housing Associations Act 1985 U.K.

59 U.K. In section 106 of the M80 Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—

(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 M81 Police Act 1964 ”.

Marginal Citations

M80 1985 c. 69.

M81 1964 c. 48.

Landlord and Tenant Act 1985 U.K.

60 U.K. In section 38 of the M82 Landlord 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 M83 Police Act 1964 and ”.

Marginal Citations

M82 1985 c. 70.

M83 1964 c. 48.

Landlord And Tenant Act 1987 U.K.

61 U.K. In section 58 of the M84 Landlord 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 M85 Police Act 1964 ”.

Marginal Citations

M84 1987 c. 31.

M85 1964 c. 48.

Housing Act 1988 U.K.

62 U.K. In Schedule 1 to the M86 Housing 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

(g) a police authority established under section 3 of the M87 Police Act 1964.”

Marginal Citations

M86 1988 c. 50.

M87 1964 c. 48.

Town and Country Planning Act 1990 U.K.

63 U.K. In section 252 of the M88 Town 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 M89 Police Act 1964, ”.

Marginal Citations

M88 1990 c. 8.

M89 1964 c. 48.

Section 44.

SCHEDULE 5 U.K. POLICE: MINOR AND CONSEQUENTIAL AMENDMENTS

Extent Information

E2 The provisions of Sch. 5 have the same extent as the enactments they amend, see s. 96(1)-(3)

Commencement Information

I4 Sch. 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)

F5 Part I E+W+S

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

Textual Amendments

F5 Sch. 5 Pt. I (ss. 1-15) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Part II U.K. AMENDMENT OF OTHER ENACTMENTS

Offices, Shops and Railway Premises Act 1963 U.K.

F6 16 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 5 Pt. II para. 16 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Pensions (Increase) Act 1971 U.K.

17 U.K. In Schedule 2 to the M96 Pensions (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 M97 Overseas 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 M98 Police (Scotland) Act 1967 had effect; or

(ba) was engaged on temporary service in accordance with section 15A(2) of the M99 Police Act 1964 or section 12A(2) of the M100 Police (Scotland) Act 1967; or”.

Commencement Information

I11 Sch. 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

M96 1971 c. 56.

M97 1980 c. 63

M98 1967 c. 77.

M99 1964 c. 48.

M100 1967 c. 77.

Overseas Pensions Act 1973 U.K.

18 U.K. In section 2 of the M101 Overseas 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 M102 Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the M103 Police (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 M104 Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the M105 Police (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;”.

Commencement Information

I12 Sch. 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

M101 1973 c. 21.

M102 1964 c. 48.

M103 1945 c. 17.

M104 1967 c. 77.

M105 1945 c. 17.

Police Pensions Act 1976 U.K.

19 U.K. In section 7 of the M106 Police 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 M107 Police Act 1964 or, as the case may be, section 38A of the M108 Police (Scotland) Act 1967 have or had effect;”.

Commencement Information

I13 Sch. 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

M106 1976 c. 35.

M107 1964 c. 48.

M108 1967 c. 28.

20 (1) Section 11 of that Act (interpretation) shall be amended as follows. U.K.

(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 M109 Overseas 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 ”.

Commencement Information

I14 Sch. 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

M109 1980 c. 63

Police Negotiating Board Act 1980 U.K.

F7 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. Pt. II para. 21 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Finance Act 1981 U.K.

F8 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 5 Pt. II para. 22 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Aviation Security Act 1982 U.K.

23 U.K. In section 31 of the M110 Aviation 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," ”.

Marginal Citations

M110 1982 c. 36.

Police and Criminal Evidence Act 1984 U.K.

24 In section 84 of the M111 Police 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

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 5 Pt. II para. 24(b) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Commencement Information

I15 Sch. 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

M111 1984 c. 60.

F10 25 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 5 Pt. II para. 25 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F11 26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 5 Pt. II para. 26 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F12 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 5 Pt. II para. 27 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F13 28 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 5 Pt. II para. 28 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

29 In section 95 of that Act (manner of dealing with complaints etc.)—

(a) for the words “adequate and efficient" there shall be substituted the words “ efficient and effective ”, and

(b) after the word “efficiency" there shall be inserted the words “ and effectiveness ”.

30 In section 96 of that Act (constabularies maintained by authorities other than police authorities), in subsection (1) after the word “corresponding" there shall be inserted the words “ or similar ”.

F14 31 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 5 Pt. II para. 31 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F15 32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 5 Pt. II para. 32 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F16 33 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 5 Pt. II para. 33 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

F17 34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 5 Pt. II para. 34 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

35 (1) Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows. U.K.

(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 ”.

36 (1) Schedule 4 to that Act (Police Complaints Authority) shall be amended as follows.

(2) For paragraph 1(6) (appointment of two deputy chairmen) there shall be substituted—

“(6) The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen.”

(3) In paragraph 3(4) (grounds on which members can be removed) after paragraph (d) there shall be inserted—

“(da) he has acted improperly in relation to his duties, or”.

Public Order Act 1986 U.K.

37 U.K. In section 15 of the M112 Public 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 ”.

Marginal Citations

M112 1986 c. 64.

Channel Tunnel Act 1987 U.K.

38 (1) Section 14 of the M113 Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows. U.K.

(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 ”.

Marginal Citations

M113 1987 c. 53.

Tribunals and Inquiries Act 1992 U.K.

39 U.K. In section 7 of the M114 Tribunals 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)—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F18 Sch. 5 Pt. II para. 39(a) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Commencement Information

I16 Sch. 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

M114 1992 c. 53.

40 (1) Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows. U.K.

F19 (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

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

Textual Amendments

F19 Sch. 5 Pt. II para. 40(2) repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I

Commencement Information

I17 Sch. 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 6 S SCHEDULE TO BE INSERTED IN POLICE (SCOTLAND) ACT 1967 : APPEALS TRIBUNALS

Commencement Information

I18 Sch. 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 3 S APPEALS

Police Appeals Tribunals S

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 appeal S

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

Respondent S

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

Casting vote S

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

Hearing S

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.

Effect S

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 expenses S

8 Members 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 proceedings S

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.

Interpretation S

10 In 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.”

.

Prospective

Section 82.

SCHEDULE 7 E+W CONTINUING FUNCTIONS OF RECEIVER FOR THE METROPOLITAN POLICE DISTRICT IN RELATION TO PENSIONS ETC. OF COURT STAFF

1 In this Schedule—

• “court staff” has the same meaning as in section 59 of the 1979 Act,

• “the inner London magistrates’ courts committee” has the same meaning as in section 82 of this Act,

• “the Receiver” means the Receiver for the Metropolitan Police District, and

• “responsible authority” has the same meaning as in section 55 of the 1979 Act.

2 The Receiver shall pay out of the metropolitan police fund any superannuation benefits payable in respect of justices’ clerks and other officers employed by the committee of magistrates or the inner London magistrates’ courts committee under any enactment or instrument applied to those clerks or other officers by regulations having effect in accordance with section 15(9) of the Superannuation M115 (Miscellaneous Provisions) Act 1967, other than benefits payable by the London Residuary Body, and any superannuation contributions and other payments for which the inner London magistrates’ courts committee may be liable as their employer under any such enactment or instrument.

Marginal Citations

M115 1967 c. 28.

3 Nothing in paragraph 2 above shall require the Receiver to incur any expenditure or make any payment which would cause the net cost to him in any year of the matters mentioned in paragraph 4 below to exceed the amount which, in relation to that year, is for the time being determined by the Lord Chancellor under paragraph 5(b) below.

4 The Lord Chancellor may out of money provided by Parliament pay to the Receiver grants towards the net cost to the Receiver in any year—

(a) of the Receiver’s functions under paragraph 2 above, and

(b) of the Receiver’s functions corresponding to those of responsible authorities under regulations made, or having effect as if made, under section 7 of the M116 Superannuation Act 1972 with respect to court staff.

Marginal Citations

M116 1972 c. 11.

5 The amount of any grant under paragraph 4 above towards the net cost to the Receiver in any year of the matters mentioned in that paragraph shall not exceed 80 per cent of whichever of the following is the less, namely—

(a) that net cost, and

(b) the amount which, in relation to that year, is for the time being determined for the purposes of this paragraph by the Lord Chancellor.

6 In subsections (5), (6) and (7) of section 59 of the 1979 Act (grants by Lord Chancellor to responsible authorities)—

(a) references to that section include references to this Schedule, and

(b) references to the matters mentioned in subsection (1) of that section include references to the matters mentioned in paragraph 4 above.

Section 91.

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

Commencement Information

I19 Sch. 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

Part I E+W AMENDMENT OF M117 JUSTICES OF THE PEACE ACT 1979

Marginal Citations

M117 1979 c. 55.

Prospective

1 (1) Section 12 of the 1979 Act (travelling, subsistence and financial loss allowances) shall be amended as follows.

(2) In subsection (5) for paragraph (b) there shall be substituted—

“(b) in relation to the inner London area—

(i) the council of the inner London borough which is or includes the petty sessions area for which the justice acts, or

(ii) where the justice acts for a petty sessions area which is partly included in two or more inner London boroughs, the councils of those boroughs;”.

(3) After that subsection there shall be inserted—

“(5A) Where by virtue of subsection (5)(b)(ii) above an allowance under this section is payable jointly by two or more inner London boroughs, the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor.”

2 (1) Section 17 (chairman and deputy chairmen of justices) shall be amended as follows.

(2) In subsection (1), after the words “for the area" there shall be inserted the words “ ; and any contested election for the purposes of this section shall be held ”.

(3) In subsection (2), for the words “subsection (3)" there shall be substituted the words “ subsections (2A) and (3) ”.

(4) After subsection (2) there shall be inserted—

“(2A) Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.”

3 In section 18 (rules as to chairmanship and size of bench) in subsection (2)—

(a) in paragraph (b), after the words “petty sessions area" there shall be inserted the words “ (including any procedure for nominating candidates at any such election) ”, and

(b) for paragraph (c) there shall be substituted—

“(c) as to courses of instruction to be completed by justices before they may preside in court;

(d) as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and

(e) as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.”

4 (1) Section 19 (general provisions as to magistrates’ courts committees) shall be amended as follows.

(2) In subsection (1), for the words from “in relation to" to “this Act or" there shall be substituted the words “ as are or may be conferred on them by or under this or any other Act and such other functions relating to matters of an administrative character ”.

(3) In subsection (2), for the words “subsection (3) below" there shall be substituted the words “ section 69 of the Police and Magistrates’ Courts Act 1994 and to any order made under subsection (3) of this section before the commencement of that section ”.

(4) Subsections (3) and (4) shall be omitted.

5 In section 22 (supplementary provisions as to magistrates’ courts committees), in subsection (3) for the words “section 20" there shall be substituted the words “ section 21 ”.

6 (1) Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows.

(2) In subsection (1)—

(a) the words from “acting" to “boroughs" shall cease to have effect, and

(b) for the words “the county, district or borough" there shall be substituted the words “ their area ”.

(3) In subsection (2) for the words “the county, district or borough, as the case may be" there shall be substituted the words “ their area ”.

(4) In subsection (4) for the words “a non-metropolitan county or metropolitan district or any of the outer London boroughs", in both places where they occur, there shall be substituted the words “ an area ”.

7 (1) Section 24 (procedure relating to section 23) shall be amended as follows).

(2) In subsection (1)(a)—

(a) for the words “council of the" there shall be substituted the words “ council of every ”,

(b) the word “outer" shall be omitted, and

(c) for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.

(3) In subsection (2)—

(a) for the words “council of the" there shall be substituted the words “ council of every ”,

(b) the word “outer" shall be omitted, and

(c) for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.

(4) In subsection (5)—

(a) the words “in a non-metropolitan county, metropolitan district or outer London borough" shall be omitted, and

(b) at the end there shall be inserted the words “ or by section 69 of the Police and Magistrates’ Courts Act 1994 ”.

8 (1) Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows.

(2) In subsection (1) the words “for an area mentioned in section 19(2) above other than the City of London" shall be omitted.

(3) After subsection (2) there shall be inserted—

“(2A) Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.”

9 In section 24B (procedure relating to section 24A), for the words “outer London borough" in subsections (1)(a) and (2) there shall be substituted the words “ London borough ”.

10 (1) Section 26 (qualifications for appointment as justices’ clerk) shall be amended as follows.

(2) 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" shall be omitted.

(3) For subsection (3) there shall be substituted—

“(3) A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices’ clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk.”

(4) Subsections (2), (4) and (5) shall be omitted.

11 (1) Section 27 (conditions of service and staff of justices’ clerks) shall be amended as follows.

(2) Subsections (1) to (5) and (7) and (9) shall be omitted.

(3) For subsection (6) there shall be substituted—

“(6) A magistrates’ courts committee may employ staff on such terms as they think fit.”

(4) At the end of subsection (8) there shall be added the words “ or approved by the Lord Chancellor in accordance with the rules ”.

12 In section 28 (general powers and duties of justices’ clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.

13 In section 30 (person acting as substitute clerk to justices), in subsection (1) the words “outside the inner London area" shall be omitted.

14 In section 32 (allocation and sittings of metropolitan stipendiary magistrates), in subsection (1), for the words “constituted under section 36 of this Act" there shall be substituted the words “ of the inner London area ”.

15 After section 34A of the 1979 Act there shall be inserted—

“ Justices’ clerks for youth courts and family proceedings courts E+W

34B Appointment of justices’ clerks for youth courts and family proceedings courts.

34B (1) The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.

(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.

(3) In this section—

• “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and

• “the metropolitan area” means the inner London area and the City of London.”

16 Section 36 (petty sessional divisions in inner London area) and section 36A (alteration of names of petty sessions area in inner London area) shall be omitted.

17 In section 42 (no petty sessional divisions in the City) for the words “section 41 above" there shall be substituted the words “ this Act ”.

18 (1) Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows.

(2) In subsection (3), in paragraph (b), for the words “the local authority" there shall be substituted the words “ any paying authority ”.

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

“(3A) Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.”

(4) In subsection (4) for the words “this section" there shall be substituted the words “ subsection (3) above ”.

(5) For subsection (5) there shall be substituted—

“(5) In this section—

• “justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk,

• “local funds”, in relation to a justice or justices’ clerk, means funds out of which the expenses of the magistrates’ courts committee for the area for which he acted at the material time are payable, and

• “paying authority”, in relation to a justice or justices’ clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates’ courts committee for the area for which he acted at the material time.”

19 (1) Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows.

(2) In subsection (1)—

(a) in paragraph (b) after the word “7" there shall be inserted the words “ or 24 ”, and

(b) for the word “and" immediately following that paragraph there shall be substituted—

“(bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and”.

(3) For subsection (8) there shall be substituted—

“(8) In this section—

• “court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and

• “responsible authority” has the same meaning as in section 55 of this Act.”

Commencement Information

I20 Sch. 8 Pt. I para. 19 partly in force at 1.4.1995; Sch. 8 Pt. I para. 19 not in force at Royal Assent, see s. 94(1); Sch. 8 Pt. I para. 19(1)(2) in force (3.2.1995) for certain purposes by S.I. 1995/42, {arts. 2, 3;} Sch. 8 Pt. I para. 19(1)(3) in force (1.4.1995) for certain purposes by S.I. 1995/685, arts. 4(l), 7 (with arts. 5, 6)

20 In section 62 (defaults of justices’ clerks and their staffs), in subsection (1), for the words “a person employed to assist a justices’ clerk" there shall be substituted the words “ any staff of a magistrates’ courts committee ”.

21 In section 63 (courses of instruction), in subsection (5), for the words “and their staffs" there shall be substituted the words “ and for staff of magistrates’ courts committees ”.

22 In section 70 (interpretation), for the definition of “magistrate" there shall be substituted—

““magistrate”—

(a) in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list,

(b) in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it, and

(c) in relation to a magistrates’ courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;

“magistrates’ courts committee area” means the area to which a magistrates’ courts committee relates;”.

Prospective

23 In Schedule 1, in paragraph 17 (saving for superannuation provisions), for the words “55 to 58" there shall be substituted the words “ 55 and 56 ”.

Part II E+W AMENDMENTS OF OTHER ENACTMENTS

Valid from 01/04/2001

London Building Acts (Amendment) Act 1939 E+W

Prospective

24 In section 151 of the M118 London Building Acts (Amendment) Act 1939 (Crown exemptions), in subsection (1)(bb) the words from “the magistrates’ courts" to “City of London)" shall be omitted and for the words “that area" in the second place where they occur there shall be substituted the words “ the inner London area within the meaning of the Justices of the M119 Peace Act 1979 ”.

Marginal Citations

M118 1939 c. xcvii.

M119 1979 c. 55.

Superannuation (Miscellaneous Provisions) Act 1967 E+W

25 In section 15 of the M120 Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs), in subsection (1)(a)(ii), for the words from “or other officer" to “that area" there shall be substituted the words “ , as a justices’ chief executive for that area or as staff of the magistrates’ courts committee for that area ”.

Marginal Citations

M120 1967 c. 28.

Pensions (Increase) Act 1971 E+W

26 E+W In Schedule 2 to the M121 Pensions (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

(c) service as a justices’ chief executive.”

Marginal Citations

M121 1971 c. 56.

27 E+W In 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 ”.

Juries Act 1974 E+W

28 In Schedule 1 to the Juries M122 Act 1974, in Group B of Part I (persons ineligible) for the entry beginning “Justices’ clerks" there shall be substituted— “ Justices’ chief executives, justices’ clerks and justices’ clerks’ assistants. ”

Marginal Citations

M122 1974 c. 23.

Domestic Proceedings and Magistrates’ Courts Act 1978 E+W

29 In section 30 of the M123 Domestic Proceedings and Magistrates’ Courts Act 1978 (provisions as to jurisdiction and procedure), in subsection (1) for the words “the committee of magistrates"' there shall be substituted the words “ a magistrates’ courts committee ”.

Marginal Citations

M123 1978 c. 22.

Magistrates’ Courts Act 1980 E+W

30 In section 70 of the M124 Magistrates’ Courts Act 1980 (jurisdiction of magistrates’ courts in inner London for domestic proceedings), for the words “committee of magistrates" in subsections (1) and (2) there shall be substituted the words “ magistrates’ courts committee whose area consists of or includes that petty sessions area ”.

Marginal Citations

M124 1980 c. 43.

31 E+W In 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.

Road Traffic Offenders Act 1988 E+W

32 In section 82 of the M125 Road Traffic Offenders Act 1988 (accounting for fixed penalties in England and Wales), for subsection (2) there shall be substituted—

“(2) Where, in England and Wales, a justices’ clerk for a petty sessions area comprised in the area of one magistrates’ courts committee (“the first committee") discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another magistrates’ courts committee (“the second committee")—

(a) the paying authority or authorities in relation to the second committee must make to the paying authority or authorities in relation to the first committee such payment in connection with the discharge of those functions as may be agreed between all the paying authorities concerned or, in default of such agreement, as may be determined by the Lord Chancellor, and

(b) any such payment between paying authorities shall be taken into account in determining for the purposes of section 59 of the Justices of the M126 Peace Act 1979 the net cost to the responsible authorities of the functions referred to in subsection (1) of that section.

(2A) In subsection (2) above “paying authority” and “responsible authority” have the same meaning as in section 55 of the Justices of the Peace Act 1979.”

Marginal Citations

M125 1988 c. 53.

M126 1979 c. 55.

Criminal Justice Act 1991 E+W

33 (1) Section 76 of the M127 Criminal Justice Act 1991 (provision of court security officers) shall be amended as follows.

(2) In subsections (1)(b) and (2), for the words “responsible authority" there shall be substituted the words “ paying authority or authorities ”.

(3) In subsection (3)—

(a) the words from “in relation to" to “inner London area" shall be omitted, and

(b) for the words “responsible authority" there shall be substituted the words “ paying authority or authorities ”.

(4) In subsection (4), for the words from “in relation to" to “responsible authority" there shall be substituted the words “ any paying authority ”.

(5) Subsection (5) shall be omitted.

(6) For subsection (6) there shall be substituted—

“(6) In this section—

• “the committee”, in relation to a petty sessions area, means the magistrates’ courts committee whose area consists of or includes that petty sessions area, and

• “paying authority”, in relation to a committee, has the same meaning as in section 55 of the 1979 Act.”

Commencement Information

I21 Sch. 8 Pt. II para. 33 partly in force; Sch. 8 Pt. II para. 33 not in force at Royal Assent see s. 94(1)(2); Sch. 8 Pt. II para. 33(1)-(4)(6) in force (1.4.1995) by 1995/685, arts. 4(l), 7(2)(i)

Marginal Citations

M127 1991 c. 53.

34 In section 77 of that Act (powers and duties of court security officers), in subsection (5)—

(a) in paragraph (a), for the words “chief clerk" there shall be substituted the words “ justices’ chief executive ”, and

(b) in paragraph (b), for the words from “employed to" to “by him" there shall be substituted the words “ of the magistrates’ courts committee authorised by such a justices’ chief executive or clerk ”.

Valid from 27/09/1999

Local Government Finance Act 1992 E+W

Prospective

35 In section 46 of the M128 Local Government Finance Act 1992 (special items for purposes of section 45), in subsection (2)(d) for the words from “the magistrates’ courts" to “that area" there shall be substituted the words “ the probation service in the inner London area or the functions referred to in paragraph 4 of Schedule 7 to the Police and Magistrates’ Courts Act 1994 ”.

Marginal Citations

M128 1992 c. 14.

Section 93.

SCHEDULE 9 U.K. REPEALS

Extent Information

E3 The repeals in Sch. 9 have the same extent as the enactments repealed, see s. 96(4)

Commencement Information

I22 Sch. 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 I U.K. POLICE

Commencement Information

I23 Sch. 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)

Chapter	Short title	Extent 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. F20 . . . Section 58(6). F20 . . . F20 . . . 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.	F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . F21 . . . 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.	F22 . . .
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 1993	In section 1(10), paragraph (b) and in paragraph (d) the word “police".
1994 c. 19.	The Local Government (Wales) Act 1994.	Section 24.

Textual Amendments

F20 Sch. 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

F21 Sch. 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

F22 Sch. 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 Ireland N.I.

Chapter	Short title	Extent of repeal
1970 c. 9 (N.I.).	The Police Act (Northern Ireland) 1970.	Section 10(5). Section 25(5). Section 26(3).

Part II U.K. Magistrates’ courts

Commencement Information

I24 Sch. 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

Chapter	Short title	Extent 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.