Police Act 1964

Section 21.

SCHEDULE 4 E+W Transitory Provisions for Amalgamation Schemes

Constables and cadets E+W

1 (1) All members of a transferred force who are transferred by an amalgamation scheme shall be deemed to have been duly appointed as members of the new force under Part I of this Act, and to have been duly attested as such, and shall hold in that force the same ranks respectively as they held immediately before the date of transfer in the force from which they are transferred.

(2) All special constables appointed for a transferred area who are transferred by an amalgamation scheme shall be deemed to have been appointed as special constables for the new area under Part I of this Act, and to have been duly attested as such.

(3) All police cadets who are transferred by an amalgamation scheme shall be deemed to have been appointed under Part I of this Act to undergo training with a view to becoming members of the new force.

2 Where, immediately before the date of transfer—

(a) section 43(1)(a) of this Act, or

(b) section 2 of the M1 Police (Overseas Service) Act 1945. [F1 or

(c) section 2 of the M2 Police Act 1969]

applied to any person as having been a member of a transferred force, that section shall, unless the amalgamation scheme otherwise provides, apply to him in relation to any period after the date of transfer, as if for any reference to the police force to which he was entitled to revert there were substituted a reference to the new force, and references in that section to the appropriate authority shall be construed accordingly.

Textual Amendments

F1 Words inserted by Police Act 1969 (c. 63), S. 2(4)

Modifications etc. (not altering text)

C1 Sch. 4 para. 2 modified by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 11

Marginal Citations

M1 1945c. 17. (9 & 10 Geo. 6).

M2 1969 c. 63.

Staff and assets E+W

3 (1) Where any officers or servants, property, rights or liabilities have been transferred by virtue of an amalgamation scheme from one authority to another, or will be so transferred on the date of transfer, those authorities may by agreement provide for the making of such adjustments in relation to their respective property, rights and liabilities as appear to them to be desirable having regard to the transfer, and any such agreement may, in particular, provide for the making of payments by either party thereto.

(2) If any question arises—

(a) whether any persons, property, rights or liabilities have been or will on the date of transfer be transferred from one authority to another by virtue of an amalgamation scheme; or

(b) whether any such adjustment as is mentioned in the foregoing sub-paragraph ought to be made between any authorities,

that question shall, in default of agreement between the authorities concerned, be referred to a single arbitrator agreed upon between the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator with respect to any such question as is mentioned in paragraph (b) of this sub-paragraph may provide for any matter for which provision might have been made by an agreement under the foregoing sub-paragraph.

Pending proceedings E+W

4 (1) Where, immediately before the date of transfer, proceedings were pending by or against any authority with respect to any property, rights or liabilities which are transferred by virtue of an amalgamation scheme, those proceedings may be carried on thereafter with the substitution for that authority of the authority to whom the property, rights or liabilities are so transferred.

(2) Where, immediately before the date of transfer, a member of a transferred force is entitled to appeal to the Secretary of State under the provisions of section 37 of this Act, or of any corresponding provisions repealed by this Act, or where any such member has appealed to the Secretary of State under any of those provisions before the said date but the appeal has not been determined, then, unless the Secretary of State otherwise directs, the disciplinary authority for the new area shall be the respondent for the purposes of the appeal, and in the case of a pending appeal, shall be substituted as respondent for the disciplinary authority for the transferred force.

Superannuation E+W

5 (1)–(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) . . . F3

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(6)-(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F2 Sch. 4 para. 5(1)—(3) repealed by S.I. 1977/1341, Sch. 6 Pt. I except in relation to persons transferred before 1.4.1974 by virtue of a scheme made under Part I of the Act

F3 Sch. 4 para. 5(4) repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F4 Sch. 4 para. 5(5) repealed with saving by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 7 para. 5 Table para. 9, Sch. 8 and S.I. 1974/520, reg. M2(1), Sch. 19 Pt. I

F5 Sch. 4 para. 5(6)(7) repealed by S.I. 1977/1341, Sch. 6 Pt. I except in relation to a person transferred before 1.4.1974 by virtue of a scheme made under Part I of the Act

Registers E+W

6 Any register, or the appropriate part of any register, kept in pursuance of any enactment by the chief constable of a transferred area shall be transferred by him to the chief constable of the new area as soon as may be after the date of transfer, and as from that date shall be deemed to form part of the corresponding register kept by that chief constable.

Supplementary E+W

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7

Textual Amendments

F6 Sch. 4 para. 7 repealed by S.I. 1974/520, Sch. 19 Pt. II except in relation to persons (a) transferred before 1.4.1974 by virtue of a scheme made under Part I of the Act or (b) transferred to the employment of the Common Council of the City of London after 31.3.1974

8 In this Schedule—

• “date of transfer” means the date on which an amalgamation scheme comes into operation or, where different provisions of the scheme come into operation on different dates, the last of those dates;

• “pension” includes a lump sum and a gratuity;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature;

• “transferred area” means a police area which becomes comprised in a combined police area by virtue of an amalgamated scheme, or which is divided into two or more police areas by virtue of a scheme amending or revoking such a scheme;

• “transferred force” means the police force of a transferred area;

• “new area” means, in relation to any person or property, the police area in which a transferred area becomes comprised by virtue of an amalgamation scheme or, in the case of an area which is divided into two or more police areas by virtue of a scheme amending or revoking an amalgamation scheme, such of those areas as may be prescribed by that scheme;

• “new force” means the police force of a new area