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The Police and Magistrates' Courts Act 1994 (Commencement No. 1 and Transitional Provisions) Order 1994

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Commencement on 1st October 1994 for certain purposes only

6.  (1)  Subject to the modifications set out in paragraphs (3) to (6) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 1st October 1994 for the purpose of the exercise, during the period of co–existence, of the functions conferred by those provisions (as so modified)–

(a)by any new police authority which has come into existence, and

(b)by the Secretary of State in relation to any such police authority.

(2) The provisions referred to in paragraph (1) above are–

(a)section 4 (functions of police authorities), except to the extent that it substitutes a new section 4(1) of the 1964 Act and inserts a new section 4C of that Act;

(b)sections 8 (police fund), 10 (civilian employees) and 11 (appointment of officers);

(c)section 15 (functions of Secretary of State), except to the extent that it substitutes a new section 28D of the 1964 Act;

(d)sections 16 (reports from police authorities) and 31 (financial administration);

(e)section 43 (application to police authorities of enactments relating to local authorities etc.), except in so far as it relates to paragraphs 1 to 4, 15(2) and 42 of Schedule 4;

(f)section 45 (application of certain provisions to new police authorities), and

(g)Schedule 4 (application to police authorities of enactments relating to local authorities etc.) except paragraphs 1 to 4, 15(2) and 42.

(3) Section 4A(3)(b) of the 1964 Act, as substituted by section 4 of the 1994 Act, shall have effect as if it referred to the views obtained under section 106 of the Police and Criminal Evidence Act 1984(1) by the old police authority.

(4) Section 28A(2) of the 1964 Act, as inserted by section 15 of the 1994 Act, shall not apply.

(5) In the amendment made by paragraph 38 of Schedule 4 to the 1994 Act to section 21 of the Local Government and Housing Act 1989(2) (interpretation of Part I of that Act) before the words “a police authority” there shall be inserted “except in section 20 above”.

(6) Nothing in paragraph (1) above shall prejudice the continued operation of the enactments amended by the provisions listed in paragraph (2) above as respects the old police authorities at any time before the expiry of the period of co–existence.

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