Diario de la 1117ª Sesión plenaria del Consejo Permanente
For section 1 of the 1964 Act there shall be substituted—
For Schedule 1 to the 1964 Act there shall be substituted (as Schedule 1A) the Schedule set out in Schedule 1 to this Act.
After section 3 of the 1964 Act there shall be inserted—
After Schedule 1A to the 1964 Act there shall be inserted (as Schedules 1B and 1C) the Schedules set out in Schedule 2 to this Act.
for the words “section 1” there shall be substituted the words “section 2”,
the words “, deputy chief constable” shall be omitted, and
after the word “superintendent” there shall be inserted the words “, chief inspector”.
Section 33 of the 1964 Act (regulations for the administration etc. of police forces) shall be amended as follows.
In subsection (2) (which lists certain matters with respect to which regulations may be made) for paragraph (e) (discipline) there shall be substituted—.
After that subsection there shall be inserted—
After subsection (4) there shall be inserted—
In subsection (5) the words “and may” onwards shall be omitted.
For section 37 of the 1964 Act (disciplinary appeals to Secretary of State) there shall be substituted—
For Schedule 5 to the 1964 Act there shall be substituted the Schedule set out in Schedule 3 to this Act.
Section 38 of the 1964 Act (appointment and functions of inspectors of constabulary) shall be amended as follows.
In subsection (2) for the word “efficiency” onwards there shall be substituted the words “efficiency and effectiveness of, every police force maintained for a police area”.
In subsection (3) after the word “efficiency” there shall be inserted the words “and effectiveness”.
In section 39 of the Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—.
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A police authority established under section 3 of the 1964 Act shall not— except by a decision of the authority which complies with subsection (2) below.
issue a precept under section 40 of the Local Government Finance Act 1992, or
make the calculations required by section 43 of that Act,
A decision complies with this subsection only if the members approving it—
constitute at least half of the total membership at the time of the decision, and
include more than half of the members (at that time) appointed under paragraph 2 of Schedule 1B to the 1964 Act (local authority appointees).
The power of the Secretary of State to give directions under section 28D of the 1964 Act to a police authority established under section 3 of that Act shall include power to direct the authority that the amount of its budget requirement for any financial year (under section 43 of the Local Government Finance Act 1992) shall not be less than an amount specified in the direction.
The power exercisable by virtue of subsection (1) above, and any direction given under that power, are subject to any limitation imposed under Chapter V of Part I of the Local Government Finance Act 1992.
A direction shall not be given by virtue of subsection (1) above in relation to a financial year at any time after the end of the preceding December.
Where the Secretary of State gives a direction to a police authority under subsection (1) above any precept issued or calculation made by the authority under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.
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In section 111 of the Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—.
The Secretary of State may make grants to any police authority established under section 3 of the 1964 Act in respect of expenditure incurred (or to be incurred) by it at any time before the beginning of its first precepting year.
Without prejudice to any other powers to borrow, a police authority established under section 3 of the 1964 Act may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of meeting its expenditure before the beginning of its first precepting year.
The sums borrowed by an authority under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of its first precepting year.
In this section the “first precepting year” of a police authority is the financial year in which revenue is first received by it as a result of a precept issued by it under Part I of the Local Government Finance Act 1992.
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Any deductions made from grants under section 31 of the 1964 Act for any period ended after 31st March 1980 and before the passing of this Act on account of common services expenditure shall be deemed to have been made in accordance with that section and any order made under it.
In subsection (1) above “common services expenditure” means expenditure incurred by the Secretary of State under—
section 41 (common services) of the 1964 Act, or
section 44 (Police Federations) of that Act, or
section 4 of the Police Act 1969 (Police Council for the United Kingdom) or section 1 of the Police Negotiating Board Act 1980.
Section 90 of the Police and Criminal Evidence Act 1984 (steps to be taken after investigation: general) shall be amended as follows.
In subsection (3), paragraph (ii) and the word “and” immediately preceding it shall be omitted.
In subsection (4), paragraph (b) and the word “and” immediately preceding it shall be omitted.
In subsection (5)—
for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and
for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.
Subsection (6) shall be omitted.
In subsection (7)—
for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and
for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.
Subsection (8) shall be omitted.
In subsection (9) for the words “the chief officer” onwards there shall be substituted the words “then, if the chief officer is required by virtue of regulations under subsection (5) or (7) above to send the Authority a memorandum, he shall at the same time send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation”.
In subsection (10)—
in paragraph (a) for the words “prefer disciplinary charges” onwards there shall be substituted the words “bring disciplinary proceedings, it shall be his duty to bring and proceed with them; and”, and
in paragraph (b) for the words “preferred such charges” there shall be substituted the words “brought such proceedings”.
Section 93 of the Police and Criminal Evidence Act 1984 (powers of Complaints Authority as to disciplinary charges) shall be amended as follows.
In subsection (1) for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought disciplinary proceedings or does not propose to do so, the Authority may recommend him to bring such proceedings”.
In subsection (2) for the words “withdraw charges which he has preferred” there shall be substituted the words “discontinue disciplinary proceedings that he has brought”.
In subsection (3) for the words “prefer such charges” onwards there shall be substituted the words “bring disciplinary proceedings, they may direct him to do so”.
In subsection (5) for the words “prefer and proceed with charges specified in” there shall be substituted the words “comply with”.
For subsection (6) there shall be substituted—
For subsections (7) and (8) there shall be substituted—
section 67(8) (failure to comply with a code of practice is a disciplinary offence);
section 92 (powers of Complaints Authority to direct reference of reports etc. to Director of Public Prosecutions);
section 94 (disciplinary tribunals);
section 97(4) (review of complaints procedure and reports by Complaints Authority);
section 101 (discipline regulations);
in section 104, subsections (1) and (2) (which prevent a police officer convicted or acquitted of a criminal offence being charged with an equivalent disciplinary offence).
The Local Government Act 1992 shall be amended as follows.
In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.
In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.
In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.
After subsection (5) of section 17 there shall be added—
In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.
In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.
The Local Government Act 1972 shall be amended as follows.
In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”.
In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—
In section 60 (procedure for reviews)—
in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”;
in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”;
in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”.
In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.
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the word “six”, and
the words “and upon every vacancy” onwards,
In section 54 of the Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—
Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.
Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.
Any relevant legislative provision which, immediately before the passing of this Act, applied to police authorities constituted in accordance with section 2 of the 1964 Act shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 of the 1964 Act (as substituted by section 2 of this Act).
Subsection (1) above is subject to any provision to the contrary made by or under this Act.
For the purposes of subsection (1) above, a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—
was made before the passing of this Act under a public general Act, and
is of a legislative character.
In this Part of this Act “the 1964 Act” means the Police Act 1964.
For section 3 of the 1967 Act there shall be substituted—.
In section 7 of that Act (assignment of ranks)—
in subsection (1)—
the words “, deputy chief constable" and “, chief superintendent and" shall be omitted; and
after the word “superintendent" there shall be inserted the words “ , chief inspector, inspector, sergeant and constable. ”; and
subsection (2) shall be omitted.
In section 8(1) (appointment of police cadets), the words “and subject to the approval of the police authority and the Secretary of State as to numbers" shall be omitted.
In section 14(1) (extra policing of locality where works are being constructed), the words “(whether by the appointment of temporary constables or otherwise)" shall be omitted.
In section 26(2)(d) (regulations as to retirement of certain constables), the words “or temporary" shall be omitted.
For sections 5 and 5A of the 1967 Act there shall be substituted—.
For section 9 of the 1967 Act there shall be substituted—.
After section 12 of the 1967 Act there shall be inserted—.
In section 15(1) of the 1967 Act (submission of general report by chief constable on policing)—
for the word “May" there shall be substituted the word “ July ”;
for the words “general report in writing on" there shall be substituted the words “ report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, ”; and
for the words “year ended on 31st December last preceding" there shall be substituted the words “ twelve months ending on 31st March in that year ”.
Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows.
In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted—.
After that subsection there shall be inserted—.
Subsection (7) shall be omitted.
Section 26 of the 1967 Act shall be further amended—
by inserting, after the words “administration of” in subsection (1), the words “ , and the conditions of service in, ”; and
by inserting after subsection (5)—.
Section 23 of the 1967 Act (chief constables affected by amalgamations or local government reorganisation) shall be amended as follows—
in subsection (2), for the word “deputy" there shall be substituted “ assistant ”;
in subsection (3), after the word “Act" there shall be inserted “ and to subsection (3A) below ”; and
after subsection (3) there shall be inserted—.
After section 26 of the 1967 Act there shall be inserted—.
For section 30 of the 1967 Act there shall be substituted—.
For Schedule 3 to the 1967 Act there shall be substituted the Schedule set out in Schedule 6 to this Act.
After section 32 of the 1967 Act there shall be inserted—.
For subsection (3) of section 33 of the 1967 Act (inspectors of constabulary), there shall be substituted—.
In section 34 of the 1967 Act, for subsection (1) (appointment of assistant inspectors of constabulary and their staff officers) there shall be substituted—.
For section 36 of the 1967 Act there shall be substituted—.
After section 38 of the 1967 Act there shall be inserted—.
After section 40 of the 1967 Act there shall be inserted—.
In section 47 of the 1967 Act (criminal statistics)—
in subsection (1), for the words “the year to 31st December last preceding" there shall be substituted the words “ such period as the Secretary of State may specify in the direction ”; and
for subsection (2) there shall be substituted—.
The 1967 Act shall be amended in accordance with this section.
In section 6(2) (application of certain provisions of 1967 Act to constables below rank of assistant chief constable) the words “a deputy chief constable" shall be omitted.
In section 7(3) (assignment of lower rank), for the words from “as to" to the end there shall be substituted the words “ made in accordance with section 26(2A) of this Act ”.
In section 24 (effect of amalgamation scheme on constables engaged in service other than with their own force)—
in subsection (1) for the words from “either" to “transferred force" there shall be substituted the words “ a person is engaged in relevant service within the meaning of section 38A of this Act ”;
in subsection (2) for the word “overseas" in each of the three places where it occurs there shall be substituted the word “ relevant ”; and
in subsection (3), the words from “and the expression" onwards shall be omitted.
In section 31 (requirement for chief constable to retire in interests of efficiency)—
in subsection (2)—
for the words “a deputy or" there shall be substituted the word “ an ”; and
the words “or deputy" shall be omitted; and
in subsection (4), the words “or deputy" shall be omitted.
In section 32(1) (payment towards expenses of police authorities and joint police committees) after the words “19(6)" there shall be inserted the words “ , section 32A ”.
In section 38—
in subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 38A(3) of this Act ”; and
in subsection (5) (interpretation), in the definition of “central service" for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 34 of this Act ”.
In section 42(1) (offence of causing disaffection amongst constables), the words “or to commit breaches of discipline" shall be omitted.
In section 51 (interpretation)—
in subsection (1), the definitions of “regular constable", “special constable" and “temporary constable" shall be omitted; and
after subsection (3) there shall be inserted— “ (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. ”.
In Schedule 2 (transitory provisions for purposes of amalgamation schemes), paragraph 2 shall be omitted.
In section 63 of the Local Government (Scotland) Act 1973 (arrangements as to police authority functions etc.), after subsection (2) there shall be inserted—.
In this Part of this Act “the 1967 Act” means the Police (Scotland) Act 1967.
Section 25 of the Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows.
Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted.
For subsections (6) and (7) there shall be substituted—
Section 26 of the Police Act (Northern Ireland) 1970 (regulations for administration, etc. of reserve constables) shall be amended as follows.
Subsection (3) (Treasury concurrence required for certain regulations) shall be omitted.
At the end there shall be added—
The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments.
Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted.
In section 34 (orders and regulations)—
for subsection (1) there shall be substituted—;
after subsection (1) there shall be inserted—;
in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”.
In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.
A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals—
for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or
for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees.
Before submitting such proposals, the magistrates’ courts committee shall consult—
the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates,
any other magistrates’ courts committee to which the proposal relates, and
every interested authority.
Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide—
for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or
for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees.
The Lord Chancellor shall not make an order under subsection (3) above unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates.
Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—
the magistrates for each of the existing magistrates’ courts committee areas to which the order relates,
the magistrates’ courts committees to which the proposal relates, and
every interested authority.
For the purposes of subsection (5) above, an order shall be taken to implement proposals if it implements them without alteration or the departures from the proposals do not, in the opinion of the Lord Chancellor, effect important alterations in the proposals.
Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas.
An order under subsection (3) above may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including—
provision for the transfer of property, rights and liabilities,
provision for the management or custody of transferred property (whether real or personal), and
provision for any magistrates’ courts committee coming into existence by virtue of the order to be constituted under section 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it.
A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“existing magistrates' courts committee area” means a magistrates' courts committee area existing by virtue of—
“the relevant enactments” means—
section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.
“the civil service provisions” has the meaning given by section 15(1) of the Superannuation (Miscellaneous Provisions) Act 1967,
“unitary authority” means—
section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.
the council of any district comprised in an area for which there is no county council,
the council of any county so far as they are the council for an area for which there are no district councils,
a London borough council, or
“existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of—
“interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area;
“unitary authority” means—
the council of any district comprised in an area for which there is no county council,
“local authority” means any unitary authority or any county council so far as they are not a unitary authority; and
Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above.
Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).
For section 20 of the 1979 Act there shall be substituted—
Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows.
After subsection (1) there shall be inserted—
For subsection (2) there shall be substituted—
Section 22 of the 1979 Act (supplementary provisions as to magistrates’ courts committees) shall be amended in accordance with this section.
For subsection (1) there shall be substituted—
Subsection (2) shall be omitted.
At the end of subsection (4) there shall be added the words “ which may, if they include at least one member of the committee, also include persons who are not members ”.
After subsection (4) there shall be inserted—
At the end there shall be added—
After section 22 of the 1979 Act there shall be inserted—
After section 24B of the 1979 Act there shall be inserted—
After section 24C of the 1979 Act there shall be inserted—
For section 25 of the 1979 Act (and the heading “Justices’ clerks and their staffs" immediately preceding it) there shall be substituted—
After section 26 of the 1979 Act there shall be inserted—
After section 30 of the 1979 Act there shall be inserted—
Section 35 of the 1979 Act (under which the committee of magistrates for the inner London area is constituted) shall cease to have effect.
The body corporate constituted under that section shall remain in existence, but as a magistrates’ courts committee for the inner London area constituted in accordance with Part II of the 1979 Act.
Any reference in any document to the committee of magistrates shall have effect, in relation to any time after the commencement of subsection (2) above, as a reference to the magistrates’ courts committee for the inner London area.
In section 19(2) of the 1979 Act (areas to which magistrates’ courts committees relate) for the word “and" at the end of paragraph (c) there shall be substituted the words—.
Section 38(2) of the 1979 Act (which confers administrative functions on the chief metropolitan stipendiary magistrate) shall cease to have effect.
Subsections (2) and (3) above have effect subject to any order made under section 69 of this Act after the commencement of subsection (2) above.
Section 37 of the 1979 Act (which obliges the committee of magistrates for the inner London area to appoint a principal chief clerk and chief clerks, together with such senior deputy chief clerks, deputy chief clerks and other officers as may be necessary) shall cease to have effect.
Any person who, immediately before the commencement of subsection (1) above, holds office as principal chief clerk for the inner London area shall be taken to have been appointed by the magistrates’ courts committee for the inner London area as justices’ chief executive in accordance with section 24D of the 1979 Act.
Any person who, immediately before the commencement of subsection (1) above, holds office as chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall be taken to have been appointed by the magistrates’ courts committee for the inner London area in accordance with section 25 of the 1979 Act as a justices’ clerk for that petty sessional division or, as the case requires, in accordance with section 34B of that Act as a justices’ clerk for those courts.
Except as provided by subsections (5) to (7) of section 25 of the 1979 Act, any person to whom subsection (2) or (3) above applies shall hold and vacate office in accordance with the terms of his appointment or, if he has entered into a contract of service (whether before or after the commencement of subsection (1) above), in accordance with the terms of his contract of service.
The abolition by virtue of subsection (1) above of the statutory offices of senior deputy chief clerk and deputy chief clerk shall not affect the continuation of the contract of service of any person who holds either of those offices immediately before the commencement of that subsection.
A person who is employed under a contract of service to which subsection (5) above applies shall not be dismissed from his employment without the approval of the Lord Chancellor; and before approving the dismissal of any such person the Lord Chancellor shall consider any representations made by him.
Any reference in any instrument or document to the chief clerk for any petty sessional division of the Inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time after the commencement of subsection (1) above, as a reference to the justices’ clerk for that petty sessional division or, as the case may be, for those courts.
After section 34 of the 1979 Act there shall be inserted—
Schedule 7 (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.
The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.
An order under subsection (2) above may—
itself make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff, or
provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.
Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—
may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972, and
may make different provision as respects different classes of persons and different circumstances.
Paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.
Subsections (3) and (4) of section 7 of the Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.
The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.
An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act, the 1979 Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.
Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—
the inner London magistrates’ courts committee,
such local authorities as appear to him to be concerned,
the Receiver for the Metropolitan Police District, and
such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.
An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“inner London court staff” means the justices’ chief executive employed by the inner London magistrates’ courts committee, any justices’ clerk for the inner London area and staff of the inner London magistrates’ courts committee,
“the relevant enactments” means—
Schedule 7 to this Act, and
“the inner London magistrates' courts committee” means the magistrates' courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates' courts committee for any area which consists of or includes any part of the inner London area, and
For sections 55 and 56 of the 1979 Act there shall be substituted—
Section 57 of the 1979 Act (application of sections 55 and 56 to outer London areas and City of London) and section 58 of that Act (arrangements for inner London area corresponding to those under section 55 of that Act) shall cease to have effect.
After section 59 of the 1979 Act there shall be inserted—
After section 62 of the 1979 Act there shall be inserted—
The Lord Chancellor may appoint such number of inspectors of the magistrates’ courts service (to be known collectively as “Her Majesty’s Magistrates’ Courts Service Inspectorate”) as he may consider appropriate.
The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.
It shall be the duty of inspectors of the magistrates’ courts service—
to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area, and
to discharge such other functions in connection with the organisation and administration of magistrates’ courts as the Lord Chancellor may from time to time direct.
Her Majesty’s Chief Inspector of the Magistrates’ Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.
The Lord Chancellor shall make to or in respect of inspectors of the magistrates’ courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
Any person appointed by the Lord Chancellor before the commencement of this section as an inspector of the magistrates’ courts service, or as Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, shall be taken to have been appointed under this section.
Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 86 above shall have at all reasonable times—
a right of entry to any court-house or other premises occupied by a magistrates’ courts committee, and
a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.
Subsection (1) above does not entitle an inspector—
to be present when a magistrates’ court is hearing proceedings in private, or
to attend any private deliberations of the justices of the peace.
The records referred to in paragraph (b) of subsection (1) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by that subsection—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question, and
may require— to afford him such reasonable assistance as he may require.
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates’ courts committee—
are failing properly to discharge any duty imposed on them by or under any enactment, or
have so failed and are likely to do so again.
Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates’ courts committee specifying the default or defaults to which the order relates.
An order under this subsection shall—
state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and
provide either or both of the following—
that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or
that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.
If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order—
stating that he remains of that opinion, and
providing—
that all the members of the committee are to vacate their office on the making of the order, and
that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).
An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 21 of the 1979 Act, to take office at the end of the specified period.
In relation to the magistrates’ courts committee for an area which consists of or includes the whole or any part of the inner London area, the reference in subsection (3)(b)(ii) above to members of the committee does not include the chief metropolitan stipendiary magistrate; and where an order under subsection (4) above is made in relation to any such committee, subsections (3) and (4) of section 20 of the 1979 Act (under which the chief metropolitan stipendiary magistrate and other stipendiary magistrates are members of the committee) shall not have effect in relation to the committee during the period specified in the order.
The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—
designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions, and
for improving the financial or other management of the committee.
Any magistrates’ courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.
The Audit Commission shall charge the magistrates’ courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.
In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.
After section 69 of the 1979 Act there shall be inserted—
Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates’ courts) shall have effect.
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In this Part of this Act “the 1979 Act” means the Justices of the Peace Act 1979.
Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.
The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.
Except as provided by subsections (2) and (3) below, the preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may by order appoint.
The following provisions of this Act— Part IV and Schedule 8, and Part II of Schedule 9 and section 93 so far as it relates to that Part of that Schedule, shall come into force on such day as the Lord Chancellor may by order appoint.
The following provisions of this Act— shall come into force on the passing of this Act.
section 3 and Schedule 2, so far as they relate to—
the power to make orders under the section inserted by section 3, or
the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,
sections 13 and 50,
sections 26 and 60, subsections (4) and (7)(a) of section 63, and paragraphs 17 to 20 of Schedule 5, so far as they relate to 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, and
section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,
An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.
The power to make orders under subsection (1) or (2) above includes power to make such transitional provisions and savings as appear to the Secretary of State or, as the case may be, the Lord Chancellor to be necessary or expedient.
Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision—
for the co-existence, for such period as may be prescribed by the order, of the police authorities to be established under section 3 of the Police Act 1964 (“the new police authorities") and the police authorities which they are to supersede (“the old police authorities"); for the division of functions between them; for the performance by the old police authorities, before the new police authorities come into existence, of functions prescribed by the order and for consequential and supplementary matters (including the modification of the application in relation to them of provisions of this or any other Act or of any instrument);
for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;
for the transfer of members of police forces and other persons;
as to pending legal proceedings;
for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;
as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.
Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision—
for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;
for the Lord Chancellor, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;
as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.
An order under this section shall be made by statutory instrument which, if the order contains provisions made by virtue of subsections (5) to (7) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of the relevant authorities and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of this Act and any transfer of functions, property or staff made under it.
In subsection (1) above “relevant authorities” means the police authorities to be established under section 3 of the Police Act 1964 and the police authorities which they are to supersede, and
where the police authority to be superseded is a committee of a council constituted in accordance with section 2 of that Act, that council, and
where the police authority to be superseded is a combined police authority constituted in accordance with section 3(4) of that Act, the constituent councils.
The following provisions of this Act extend to England and Wales only— sections 1 to 41 together with Schedules 1 to 3; Part IV together with Schedule 8; Schedules 4 and 5 so far as they relate to enactments which extend to England and Wales only.
Part II of, together with Schedule 6 to, this Act extends to Scotland only.
The following provisions of this Act extend to Northern Ireland . . .— sections 43 and 44 together with Schedules 4 and 5 so far as they relate to enactments which extend there; . . .; Part V.
The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.
Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.
This Act may be cited as the Police and Magistrates’ Courts Act 1994.
Section 43.
In section 2 of the 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 Police Act 1964, ”.
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 Police Act 1964, ”.
In section 11 of the 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 Police Act 1964 and ”.
In section 1 of the 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 Police Act 1964 and ”.
In section 1 of the 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 Police Act 1964, any ”.
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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 Police Act 1964 ”.
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 Police Act 1964 ”.
Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows. For subsection (1)(e) there shall be substituted—. In subsection (4), in paragraph (a)—
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. In subsection (1)— In subsection (3) for the words “for the purposes of" there shall be substituted the word “ by ”. After subsection (3) there shall be inserted— In subsection (8) for the words “for the purposes of" there shall be substituted the word “ by ”. Subsections (9) and (10) shall be omitted.
Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted—
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 Police Act 1964 ”.
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 Police Act 1964 ”.
The words “and a police authority established under section 3 of the Police Act 1964” shall be inserted after the words “joint authority”—
in section 229 of that Act (photographic copies of documents), in subsection (8);
in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);
in section 232 of that Act (public notices), in subsection (1A);
in section 233 of that Act (service of notices by local authorities), in subsection (11); and
in section 234 of that Act (authentication of documents), in subsection (4).
Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows. 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 Police Act 1964 ”. In paragraph 6B— In paragraph 46, after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the Police Act 1964 ”.
In section 25 of the Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) for paragraph (ca) there shall be substituted—.
In section 30 of the 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—
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 Police Act 1964 and ”.
In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)— shall be omitted.
in paragraph (j) the words from “a police committee" to “in Scotland", and
in paragraph (k) the words from “a combined" to “in Scotland",
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 Police Act 1964 ”.
In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—.
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—
In section 33 of the 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 Police Act 1964 ”.
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—.
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a police authority established under section 3 of the Police Act 1964,
a police authority established under section 3 of the Police Act 1964,
In section 1 of the Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1) for paragraph (e) there shall be substituted—.
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 Police Act 1964. ”
In section 112 of the Local Government Finance Act 1988 (financial administration as to combined police and fire authorities), in subsection (2) for paragraph (a) there shall be substituted—.
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, ”.
In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer)—
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) ”;
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
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 ”.
In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—
in subsection (4)(h) for the words “paragraphs (a) to (g)" there shall be substituted the words “ paragraphs (b) to (g) ”, and
in subsection (9) for the words “paragraphs (a) to (j)" there shall be substituted the words “ paragraphs (a) to (f) or (h) to (j) ”.
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) ”.
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—.
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—.
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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.
In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—.
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—.
In Schedule 1 to that Act (political balance on local authority committees etc.)—
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
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) ”.
In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3) for paragraph (c) there shall be substituted—.
In section 11 of the 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 Police Act 1964 ”.
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 Police Act 1964; ”.
In section 28 of the 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 Police Act 1964; and ”.
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In section 13 of the 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 Police Act 1964 ”.
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In section 5 of the 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—.
In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.) after paragraph (c) there shall be inserted—
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In section 17 of the 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”—
in paragraph (a) after the words “City of London" there shall be inserted the words “ , a police authority established under section 3 of the Police Act 1964 ”; and
in paragraph (b) at the end there shall be added the words “ or a police authority established under section 3 of the Police Act 1964. ”
In Schedule 1 to the 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—.
In section 60 of the 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 Police Act 1964 ”.
In section 4 of the Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—
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 Local Government Act 1985 ”,
the words “sections 438, 441, 442, 443, 458, 460(3)" shall be omitted, and
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 Police Act 1964 and ”.
In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—
for the words “sections 84(5) and 85(4)" there shall be substituted the words “ section 84(5) ”, and
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 Police Act 1964 ”.
In section 38 of the 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 Police Act 1964 and ”.
In section 58 of the 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 Police Act 1964 ”.
In Schedule 1 to the 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 wordsand
In section 252 of the 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 Police Act 1964, ”.
Section 44.
Section 12 of the Police Act 1964 (reports by chief constables to police authorities) shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted— In subsection (2) the words “in writing" shall be omitted. After subsection (2) there shall be inserted— After subsection (3) there shall be inserted—
Section 13 (collaboration agreements) shall be amended as follows. In subsection (1) after the word “efficiently" there shall be inserted the words “ or effectively ”. After subsection (6) there shall be added—
In section 17(1) (appointment of police cadets) the words “and subject to the approval of the police authority as to numbers" shall be omitted.
In section 19(3) (jurisdiction of special constables) after the words “City of London", in each place where they occur, there shall be added the words “ police area ”.
In section 25, subsection (5) (five representatives of Cambridge University to be members of police authority for area including Cambridge) shall be omitted.
In section 28 (general duty of Secretary of State) after the word “efficiency" there shall be inserted the words “ and effectiveness ”.
Section 29 (removal of chief constables etc.) shall be amended as follows. At the end of subsection (1) there shall be added the words “ or effectiveness ”. In subsection (2) for the words “a deputy or assistant chief constable" there shall be substituted the words “ an assistant chief constable ”.
Section 30 (reports by chief constables to the Secretary of State) shall be amended as follows. After subsection (1) there shall be inserted— In subsection (2) for the words “calendar year" there shall be substituted the words “ financial year ”.
In section 42 (research) after the word “efficiency" there shall be inserted the words “ or effectiveness ”.
Section 43 (central service on police duties) shall be amended as follows. In subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 53C(3) of this Act ”. In subsection (5) for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 39 of this Act ”.
Section 44 (Police Federations) shall be amended as follows. In subsection (1A) for the words “disciplinary proceedings" there shall be substituted the words “ proceedings brought under regulations made in accordance with subsection (3) of section 33 of this Act or with subsection (2A) of section 26 of the Police (Scotland) Act 1967 ”. In subsection (1B) for the words “the Secretary of State" there shall be substituted the words “ a police appeals tribunal ”.
In section 53 (causing disaffection) in subsection (1) the words “or to commit breaches of discipline" shall be omitted.
In section 56 (metropolitan and City of London police funds) in paragraph (a) after the words “City of London" there shall be added the words “ police area ”.
Section 58 (chief officers affected by amalgamations or local government reorganisations) shall be amended as follows. In subsection (1), for the words “or Part II of the Local Government Act 1958" there shall be substituted the words “ , section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992 ”. In subsection (2) for the word “deputy" there shall be substituted the word “ assistant ”. After subsection (3) there shall be inserted—
For section 62 (meaning of “police area" etc.) there shall be substituted—
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In Schedule 2 to the 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—.
In section 2 of the 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—.
In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2), for paragraph (b) there shall be substituted—.
Section 11 of that Act (interpretation) shall be amended as follows. In subsection (1), for paragraph (a) there shall be substituted—. In subsection (2)(b) after the words “subsection (1)" there shall be inserted “ (aa), (ab), ”. In subsection (3)—
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In section 31 of the 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," ”.
In section 84 of the Police and Criminal Evidence Act 1984 (general provision relating to police complaints and discipline), in subsection (4)—
in the definition of “senior officer" for the words “chief superintendent" there shall be substituted the word “ superintendent ”, and
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subsection (8) shall be omitted, and
in subsection (10) for the words “a criminal or disciplinary charge” there shall be substituted the words “criminal or disciplinary proceedings”.
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for the words “adequate and efficient” there shall be substituted the words “efficient and effective”, and
after the word “efficiency” there shall be inserted the words “and effectiveness”.
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after paragraph (a) there shall be inserted—, and
in paragraph (b) for the words “section 99(2)(b) or (e)” there shall be substituted the words “section 99(2)(b), (e) or (ea)”.
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Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows. In subsection (1) for the words “he has been" onwards there shall be substituted— In subsection (2) for the words “chief superintendent" there shall be substituted the word “ superintendent ”.
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In section 15 of the 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 ”.
Section 14 of the Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows. 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 ”. In subsections (4) and (5)—
In section 7 of the 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)—
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for the words “or 56(a)" there shall be substituted the words “ , 56(a) or 57A ”.
Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted—
Section 55. .
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 inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area, and
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 (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.
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.
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—
of the Receiver’s functions under paragraph 2 above, and
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 Superannuation Act 1972 with respect to court staff.
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—
that net cost, and
the amount which, in relation to that year, is for the time being determined for the purposes of this paragraph by the Lord Chancellor.
In subsections (5), (6) and (7) of section 59 of the 1979 Act (grants by Lord Chancellor to responsible authorities)—
references to that section include references to this Schedule, and
references to the matters mentioned in subsection (1) of that section include references to the matters mentioned in paragraph 4 above.
Section 91.
Section 12 of the 1979 Act (travelling, subsistence and financial loss allowances) shall be amended as follows. In subsection (5) for paragraph (b) there shall be substituted—. After that subsection there shall be inserted—
Section 17 (chairman and deputy chairmen of justices) shall be amended as follows. 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 ”. In subsection (2), for the words “subsection (3)" there shall be substituted the words “ subsections (2A) and (3) ”. After subsection (2) there shall be inserted—
In section 18 (rules as to chairmanship and size of bench) in subsection (2)—
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
for paragraph (c) there shall be substituted—
Section 19 (general provisions as to magistrates’ courts committees) shall be amended as follows. 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 ”. 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 ”. Subsections (3) and (4) shall be omitted.
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 ”.
Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows. In subsection (1)— In subsection (2) for the words “the county, district or borough, as the case may be" there shall be substituted the words “ their area ”. 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 ”.
Section 24 (procedure relating to section 23) shall be amended as follows). In subsection (1)(a)— In subsection (2)— In subsection (5)—
Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows. In subsection (1) the words “for an area mentioned in section 19(2) above other than the City of London" shall be omitted. After subsection (2) there shall be inserted—
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 ”.
Section 26 (qualifications for appointment as justices’ clerk) shall be amended as follows. 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. For subsection (3) there shall be substituted— Subsections (2), (4) and (5) shall be omitted.
Section 27 (conditions of service and staff of justices’ clerks) shall be amended as follows. Subsections (1) to (5) and (7) and (9) shall be omitted. For subsection (6) there shall be substituted— At the end of subsection (8) there shall be added the words “ or approved by the Lord Chancellor in accordance with the rules ”.
In section 28 (general powers and duties of justices’ clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.
In section 30 (person acting as substitute clerk to justices), in subsection (1) the words “outside the inner London area" shall be omitted.
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 ”.
After section 34A of the 1979 Act there shall be inserted—
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.
In section 42 (no petty sessional divisions in the City) for the words “section 41 above" there shall be substituted the words “ this Act ”.
Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows. In subsection (3), in paragraph (b), for the words “the local authority" there shall be substituted the words “ any paying authority ”. After subsection (3) there shall be inserted— In subsection (4) for the words “this section" there shall be substituted the words “ subsection (3) above ”. For subsection (5) there shall be substituted—
Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows. In subsection (1)— For subsection (8) there shall be substituted—
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 ”.
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 ”.
“magistrate”— “magistrates’ courts committee area” means the area to which a magistrates’ courts committee relates;
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 ”.
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In Schedule 2 to the 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
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 ”.
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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.
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in paragraph (a), for the words “chief clerk” there shall be substituted the words “justices' chief executive”, and
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”.
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Section 93.
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. . . . Section 58(6). . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . 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.
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).
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.