Greater London Authority Act 1999

296 Workplace parking levy.

(1) Each of the following bodies, namely— (a) Transport for London, (b) any London borough council, or (c) the Common Council, may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London. (2) Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.

297 Transfers of property, rights and liabilities.

(1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport— (a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or (b) in preparation for the dissolution of London Regional Transport; and in this Chapter transfer programme means a programme under this subsection. (2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme. (3) A transfer programme may include plans relating to— (a) the transfer of rights and liabilities under contracts of employment; (b) the provision of pensions, within the meaning of section 411 below; (c) the apportionment of any property, rights or liabilities; (d) the creation of rights or liabilities; (e) the transfer of statutory functions; (f) the exercise of any other powers under Part XII below. (4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days. (5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.

298 Functions during the transitional period.

(1) In this section transitional purpose means the purpose of— (a) facilitating the securing and carrying into effect of PPP agreements under Chapter VII above; (b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London; (c) facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act; (d) facilitating the exercise by Transport for London of any functions so transferred; or (e) securing that public passenger transport services continue to be provided without disruption. (2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose. (3) In discharging their functions during the transitional period it shall be the duty of— (a) the Mayor, (b) London Regional Transport, and (c) Transport for London, to consult and co-operate with each other for any transitional purpose. (4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above. (5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period. (6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other— (a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services; (b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property; (c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions; (d) for the discharge by the one of any functions of the other on its behalf. (7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London. (8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned. (9) In this Chapter the transitional period means the period which— (a) begins with the coming into force of this section; and (b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.

299 Fares etc during the transitional period.

(1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period— (a) the powers conferred on the Mayor by section 155 above, and (b) the duty imposed on the Mayor by section 174 above, then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London. (2) If provision is made under or by virtue of this Act which has the effect of— (a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and (b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied, then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.

300 Continuity: repealed or revoked functions.

(1) In this section— abolished function means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act; abolition, in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function; statutory provision means an enactment contained in— an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or subordinate legislation made before that date or in that Session. (2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function. (3) Anything which— (a) was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and (b) is in effect immediately before the abolition of the function, shall have effect as if made or done by or in relation to Transport for London. (4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function. (5) Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise. (6) Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.

301 Transfer of former functions of LTE, records and relics.

(1) Any functions of the London Transport Executive established under section 4 of the Transport (London) Act 1969 which, by virtue of section 67(1) of the London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London. (2) In section 144 of the Transport Act 1968 (transfer and disposal of historical records and relics) for London Regional Transport in each place where it occurs there shall be substituted “ Transport for London ”.

302 Dissolution of London Regional Transport.

When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.

303 Interpretation of Chapter XVI.

In this Chapter— transfer programme has the meaning given by section 297(1) above; the transitional period has the meaning given by section 298(9) above.

304 Appointment of members by the Mayor.

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305 Delegation of functions by Ministers to the Mayor.

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306 The London Development Agency strategy.

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307 Secretary of State’s functions in relation to the strategy.

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308 Audit.

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309 Further amendments of the Regional Development Agencies Act 1998.

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309A The Health Adviser

(1) There shall be an officer to be known as the Health Adviser to the Greater London Authority (“the Health Adviser”). (2) It shall be the function of the Health Adviser to provide any person falling within subsection (3) below with advice in relation to any of the following— (a) anything that appears to the Health Adviser to be a major health issue, (b) the performance of any person's functions under or by virtue of this Act, so far as relating to health, (c) the implementation of the provisions of this Act which impose duties in relation to health inequalities between persons living in Greater London (see, in particular, sections 30, 41 and 309E to 309H). (3) The persons are— (a) the Authority, (b) the Mayor, (c) any Assembly member, (d) any functional body. (4) The Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed). (5) Any function exercisable by the Health Adviser is also exercisable by a Deputy Health Adviser (see section 309C) if or to the extent that the Health Adviser so authorises, whether generally or specially, and subject to any conditions imposed by the Health Adviser. (6) Any authorisation under subsection (5) above— (a) must be in writing, and (b) may be varied or revoked, in writing, at any time by the Health Adviser.

309B The Health Adviser: identity and appointment

(1) The person who is the Health Adviser at any time is to be the person who at that time is in the employment of the Civil Service of the State in the post of Regional Director of Public Health for London. (2) If there ceases to be a post in the Civil Service of the State known as Regional Director of Public Health for London, any reference in this section to that post is to be taken as a reference to that post in the Civil Service of the State which corresponds, or most closely corresponds, to that of Regional Director of Public Health for London. (3) If any question arises as to which one of two or more persons is to be the Health Adviser, the Secretary of State may designate one of them to be the Health Adviser. (4) If there ceases to be any post in the Civil Service of the State which corresponds, or reasonably closely corresponds, to that of Regional Director of Public Health for London, subsection (5) below applies. (5) In any such case, the Health Adviser is to be such person as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below. (6) The conditions are that the person— (a) is in the employment of the Civil Service of the State or is employed in the National Health Service, and (b) in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London. (7) If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be the Health Adviser. (8) Nothing in this section implies that a person who ceases to be the Health Adviser at any time may not again be the Health Adviser at any subsequent time. (9) The functions of the Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.

309C The Deputy Health Advisers

(1) There shall also be one or more officers to be known as Deputy Health Advisers to the Greater London Authority (“Deputy Health Advisers”). (2) The Secretary of State is to appoint one of the Deputy Health Advisers to exercise the functions of the Health Adviser at any time when— (a) there is a vacancy in the position of Health Adviser, or (b) the person who is the Health Adviser is incapable of discharging the functions of Health Adviser. (3) Any of the Deputy Health Advisers may exercise functions of the Health Adviser at any time when he is authorised to do so by virtue of an authorisation given by the Health Adviser under subsection (5) of section 309A above. (4) Any exercise of a function by a Deputy Health Adviser by virtue only of such an authorisation must be in accordance with the authorisation and any conditions imposed by the Health Adviser under that subsection. (5) A Deputy Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed).

309D Deputy Health Advisers: identity and appointment

(1) The persons who are Deputy Health Advisers at any time are to be the persons who at that time are in the employment of the Civil Service of the State in any of the posts of Deputy Regional Director of Public Health for London. (2) If there cease to be any posts in the Civil Service of the State known as Deputy Regional Director of Public Health for London, any reference in this section to those posts is to be taken as a reference to the post or posts in the Civil Service of the State which correspond, or most closely correspond, to the posts of Deputy Regional Director of Public Health for London. (3) If any question arises as to which of two or more persons are to be the Deputy Health Advisers, the Secretary of State may designate one or more of them to be the Deputy Health Advisers. (4) If there cease to be any posts in the Civil Service of the State which correspond, or reasonably closely correspond, to that of Deputy Regional Director of Public Health for London, subsection (5) below applies. (5) In any such case, the Deputy Health Advisers are to be such one or more persons as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below. (6) The conditions are that the person is not the Health Adviser but— (a) is in the employment of the Civil Service of the State or is employed in the National Health Service, and (b) in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London. (7) If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be a Deputy Health Adviser. (8) Nothing in this section implies that a person who ceases to be a Deputy Health Adviser at any time may not again be a Deputy Health Adviser at any subsequent time. (9) The functions of a Deputy Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.

309E The Mayor's health inequalities strategy

(1) The Mayor shall prepare and publish a document to be known as the “health inequalities strategy”. (2) The strategy shall contain the Mayor's proposals and policies for promoting the reduction of health inequalities between persons living in Greater London. (3) The proposals and policies are to be addressed to the mitigation of differences in general health determinants (see section 309F(5)). (4) The strategy must— (a) identify any issues that appear to the Mayor to be major health issues where there are health inequalities between persons living in Greater London, (b) identify those inequalities, (c) specify priorities for reducing those inequalities, (d) describe the role to be performed by any relevant body or person for the purpose of implementing the strategy. (5) For the purposes of this section, each of the following are relevant bodies or persons— (a) the Authority, (b) any functional body, (c) any London borough council, (d) the Common Council, (e) the Health Adviser, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ga) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, (gb) NHS England, (gc) any integrated care board (established under section 14Z25 of the National Health Service Act 2006) for an area wholly or partly in Greater London, (h) any National Health Service trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see section 25 of the National Health Service Act 2006), (i) any NHS foundation trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see Chapter 5 of Part 2 of the National Health Service Act 2006), and any body or person not falling within any of the preceding paragraphs which appears to the Mayor to have responsibilities in relation to Greater London, or any part of Greater London, with respect to any of the matters that are general health determinants. (6) Section 309F makes provision as to the meaning of “health inequalities between persons living in Greater London” for the purposes of this Act. (7) Section 309G contains supplementary provision with respect to the preparation and revision of the strategy. (8) Section 309H makes provision for directions by the Secretary of State.

309F “Health inequalities between persons living in Greater London”

(1) Any reference in this Act to health inequalities between persons living in Greater London is to be read in accordance with this section. (2) For that purpose— (a) subsection (3) makes provision as to the meaning of “between persons living in Greater London”, and (b) subsection (4), as read with subsection (5), makes provision as to the meaning of “health inequalities”. (3) Any reference to health inequalities “between persons living in Greater London” is a reference to health inequalities between persons, or persons of different descriptions, living in, or in different parts of, Greater London. (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants (see subsection (5)). (5) “General health determinants” are— (a) standards of housing, transport services or public safety, (aa) environmental factors, including air quality and access to green space and bodies of water, (b) employment prospects, earning capacity and any other matters that affect levels of prosperity, (c) the degree of ease or difficulty with which persons have access to public services, (d) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

309G Preparation and revision of the strategy: procedural matters

(1) In preparing or revising the health inequalities strategy the Mayor shall have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account. (2) It shall be the duty of the Mayor and the Health Adviser to collaborate and co-operate with each other— (a) generally, for the purposes of the preparation or any revision of the health inequalities strategy, and (b) in particular, for the purpose of ascertaining the issues that are to be identified in the strategy pursuant to section 309E(4)(a) above. (3) For the purpose of discharging the duty imposed on each of them by subsection (2) above, the Mayor and the Health Adviser shall each provide to the other such information as may reasonably be required by the other. (4) In preparing or revising the strategy, the Mayor must consult such of the relevant bodies or persons (within the meaning given by section 309E(5) above), except the Authority and any functional body, as appear to him to be likely to be affected by the strategy. This subsection is without prejudice to section 42(1) above (further duties of Mayor as to consultation). (5) The consultation required by subsection (4) above is consultation about— (a) the matters to be included, and (b) the issues to be taken into account. (6) Where the Mayor revises the health inequalities strategy, he shall publish it as revised. (7) References in this Act to the health inequalities strategy include a reference to the health inequalities strategy as revised, except where the context otherwise requires.

309H Directions by the Secretary of State

(1) Where the Secretary of State considers that— (a) the health inequalities strategy (or any part of it) is inconsistent with any national policies of any description, and (b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies, he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction. (2) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the health inequalities strategy in accordance with the direction. (3) The Secretary of State must consult the Mayor before giving him a direction under this section. (4) Apart from subsection (1) (Mayor to have regard to guidance), nothing in section 309G above applies in relation to a revision of the health inequalities strategy in accordance with a direction under this section.

310 Establishment, membership and duty to maintain police force.

(1) After section 5 of the Police Act 1996 there shall be inserted— The metropolitan police force Maintenance of the metropolitan police force. 5A A police force shall be maintained for the metropolitan police district. Establishment of the Metropolitan Police Authority. 5B (1) There shall be a police authority for the metropolitan police district. (2) The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority. Membership etc of the Metropolitan Police Authority. 5C (1) The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)). (2) The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen. (3) Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult— (a) the Greater London Authority; (b) the Metropolitan Police Authority; and (c) the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the Peace Act 1997 (which, by virtue of paragraph 5(b) of Schedule 2A to this Act, appoints magistrates to be members of the Metropolitan Police Authority). (4) An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments. (5) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made. (6) Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members. The metropolitan police and forces outside London. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

311 Assimilation of general functions to those of other police authorities.

In section 6 of the Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted— (5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

312 Metropolitan Police Authority to be police authority instead of Secretary of State.

(1) Section 101 of the Police Act 1996 (interpretation) shall be amended as follows. (2) In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “ Metropolitan Police Authority ”. (3) In the definition of “police fund”— (a) in paragraph (a), after “force maintained under section 2” there shall be inserted “ or the metropolitan police force ”, and (b) paragraph (b) shall cease to have effect.

313 Openness.

(1) Section 100J of the Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows. (2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted— (eza) the Metropolitan Police Authority; . (3) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “ (eza), ”. (4) In subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

314 General functions of the Commissioner.

After section 9 of the Police Act 1996 there shall be inserted— General functions of the Commissioner of Police of the Metropolis. 9A (1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B. (2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.

315 Appointment of Commissioner.

After section 9A of the Police Act 1996 there shall be inserted— Appointment of Commissioner of Police of the Metropolis. 9B (1) There shall be a Commissioner of Police of the Metropolis. (2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual. (3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure. (4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50. (5) Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to— (a) any recommendations made to him by the Metropolitan Police Authority; and (b) any representations made to him by the Mayor of London. (6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.

316 Functions of the Deputy Commissioner.

After section 9B of the Police Act 1996 there shall be inserted— Functions of Deputy Commissioner of Police of the Metropolis. 9C (1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis— (a) during any absence, incapacity or suspension from duty of the Commissioner, (b) during any vacancy in the office of the Commissioner, or (c) at any other time, with the consent of the Commissioner. (2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State. (3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

317 Appointment of Deputy Commissioner.

After section 9C of the Police Act 1996 there shall be inserted— Appointment of Deputy Commissioner of Police of the Metropolis. 9D (1) There shall be a Deputy Commissioner of Police of the Metropolis. (2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual. (3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure. (4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50. (5) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to— (a) any recommendations made to him by the Metropolitan Police Authority; and (b) any representations made to him by the Commissioner. (6) In this section— “the Commissioner” means the Commissioner of Police of the Metropolis; “Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.

318 Removal of Commissioner or Deputy Commissioner.

After section 9D of the Police Act 1996 there shall be inserted— Removal of Commissioner or Deputy Commissioner. 9E (1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness. (2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes. (3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority. (4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis. (5) This section is without prejudice to— (a) section 9B(3), (b) section 9D(3), (c) any regulations under section 50, or (d) any regulations under the Police Pensions Act 1976.

319 Appointment, removal and functions of Assistant Commissioners.

After section 9E of the Police Act 1996 there shall be inserted— Assistant Commissioners of Police of the Metropolis. 9F (1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”). (2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50. (3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis. (4) Subsection (3) is without prejudice to— (a) any regulations under section 50, or (b) any regulations under the Police Pensions Act 1976. (5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner. (6) Subsection (5) is without prejudice to any regulations under section 50.

320 Appointment and removal of Commanders.

After section 9F of the Police Act 1996 there shall be inserted— Commanders. 9G (1) The ranks that may be held in the metropolitan police force shall include that of Commander. (2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50. (3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis. (4) Subsection (3) is without prejudice to— (a) any regulations under section 50, or (b) any regulations under the Police Pensions Act 1976.

321 Continuation in post of Commissioners and Commanders.

(1) Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the Police Act 1996. (2) If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the Police Act 1996. (3) Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the Police Act 1996. (4) Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the Police Act 1996.

322 Other members of the metropolitan police force.

After section 9G of the Police Act 1996 there shall be inserted— Other members of the metropolitan police force. 9H (1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50. (2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of— (a) Commissioner of Police of the Metropolis, (b) Deputy Commissioner of Police of the Metropolis, (c) Assistant Commissioner of Police of the Metropolis, and (d) Commander, those of superintendent, chief inspector, inspector, sergeant and constable. (3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.

323 Alteration of the metropolitan police district.

In section 76 of the London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted— (1) The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple.

324 Secondments to meet demands caused by the boundary change.

(1) The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force. (2) An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained. (3) While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force. (4) The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State. (5) This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force. (6) Expressions used in this section and in the Police Act 1996 have the same meaning in this section as they have in that Act.

325 Further amendments relating to metropolitan police etc.

Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.

326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

327 Abolition of office of Receiver.

(1) When the Secretary of State is satisfied that— (a) provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the Access to Justice Act 1999 or any other enactment whenever passed), and (b) provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed), the Secretary of State may by order provide for the abolition of the office of the Receiver. (2) In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.