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Local Government Act 1972

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107 Application of foregoing provisions to police authorities.E+W

(1)Subject to the following provisions of this section—

(a)sections 101 to 103 and 106 above shall apply to a police authority F1. . . as they apply to a local authority;

(b)sections F2. . . 105 above shall apply both to a police authority and a committee of any such authority or authorities as they apply to a committee of a local authority or authorities;

and in their application to the Common Council as police authority those sections [F3and section 104] shall have effect subject to those provisions.

(2)A police authority may not arrange for the discharge of their functions by another police authority, and section 101(1)(b) and (3) above shall not apply to a police authority.

(3)The officers who may discharge the functions of a police authority in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed [F4by] the police authority or one of the police authorities.

[F5(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.]

[F6(3B)Section 101 above, in its application to a police authority, shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of that authority.]

[F7(4)The Secretary of State may by regulations make provision regulating the power of a police authority under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of the authority as respects part only of their area.

(4A)Regulations under subsection (4) may in particular—

(a)impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;

(b)make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;

(c)impose limitations or restrictions on which officers or members of a police authority may discharge functions under such arrangements.

(4B)A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(5)Section 101(10) above shall not apply to a police authority.

(6)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Section 103 above, in its application to a joint committee of police authorities, shall have effect as if for paragraphs [F9(a) and (b)] there were substituted the words “ by the Secretary of State ”.

(8)A person shall not be disqualified by virtue of section 104 above for being a member of a police authority or the committee (or any sub-committee) of any such authority or authorities by virtue of his holding any office or employment, except employment [F10by] the police authority or one of the police authorities.

(8A)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 107(1)(a) repealed (3.7.2000) by 1999 c. 29, s. 325, 423, Sch. 27 para. 27, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F2Words in s. 107(1)(b) repealed (1.4.1995) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 10(2)(a), Sch. 9 Pt. I; S.I. 1994/3236, art. 4(1), Sch.

F3Words in s. 107(1) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(2)(b); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F4Words in s. 107(3) substituted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(3); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F5S. 107(3A) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(4); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F7S. 107(4)-(4B) substituted (29.6.2007) for s. 107(4) by Police and Justice Act 2006 (c. 48), ss. 3(3), 53; S.I. 2007/1614, art. 2(c)

F8S. 107(6) omitted (29.6.2007) by virtue of Police and Justice Act 2006 (c. 48), ss. 3(4), 53; S.I. 2007/1614, art. 2(c) and said subsection repealed (prosp.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B)

F9Words in s. 107(7) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 27(a); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F10Words in s. 107(8) substituted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. Pt. I para. 10(5); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F11S. 107(8A) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 27(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1S. 107 restricted (22.8.1996) by 1996 c. 16, ss. 15(2)(4), 104(1)

S. 107 modified (31.10.1997) by 1997 c. 50, s. 55(8)(9); S.I. 1997/2390, art. 2(1)(2)(m)

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