80 Organisation of justices’ clerks in inner London area.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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—
Division of work in inner London area.
34A (1) There shall be established for the purposes of this section a committee consisting of the following members—
(a) the chief metropolitan stipendiary magistrate,
(b) six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and
(c) six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.
(2) The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.
(3) The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.
(4) The chief metropolitan stipendiary magistrate shall be the chairman of the committee.
(5) It shall be the duty of the committee—
(a) to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and
(b) to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.
82 Pensions etc. of justices’ chief executive, justices’ clerks and staff in inner London area.
(1) 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.
(2) 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.
(3) An order under subsection (2) above may—
(a) 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
(b) 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.
(4) Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—
(a) may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972, and
(b) may make different provision as respects different classes of persons and different circumstances.
(5) 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.
(6) 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.
(7) The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.
(8) 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.
(9) Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—
(a) the inner London magistrates’ courts committee,
(b) such local authorities as appear to him to be concerned,
(c) the Receiver for the Metropolitan Police District, and
(d) such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.
(10) 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.
(11) In this section—
“the civil service provisions” has the meaning given by section 15(1) of the Superannuation (Miscellaneous Provisions) Act 1967,
“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 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 relevant enactments” means—
Schedule 7 to this Act, and
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.
83 Administrative and financial arrangements for magistrates’ courts.
(1) For sections 55 and 56 of the 1979 Act there shall be substituted—
Duties of local authorities.
55 (1) Subject to the provisions of this Act, the paying authority or authorities in relation to any magistrates’ courts committee shall provide the petty sessional court-houses and other accommodation, and the goods and services, proper for the performance of the functions of—
(a) the magistrates for the magistrates’ courts committee area,
(b) the magistrates’ courts committee,
(c) any other committee of the magistrates for that area, or
(d) the justices’ clerks for any part of the magistrates’ courts committee area.
(2) Subsection (1) above shall not require the paying authority or authorities to provide any current item or class of current items if the magistrates’ courts committee have notified the authority or authorities that they intend to obtain that item or class of items otherwise than from that authority or any of those authorities.
(3) For the purposes of subsection (2) above “current item” means any goods or services which are of such a kind that expenditure incurred by a paying authority on providing them would not be capital expenditure.
(4) Where there is one paying authority in relation to a magistrates’ courts committee, that authority shall pay the expenses of the committee.
(5) Where there are two or more paying authorities in relation to a magistrates’ courts committee, each of those authorities shall pay a proper proportion of those expenses.
(6) For the purposes of subsections (4) and (5) above the expenses of a magistrates’ courts committee shall be taken to include—
(a) expenses incurred by them in obtaining goods and services which are proper for the purposes mentioned in subsection (1) above but which by virtue of subsection (2) above the paying authority or authorities are not required to provide;
(b) the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ chief executive or as justices’ clerk for any part of the magistrates’ courts committee area, the remuneration of any staff employed by the committee and the remuneration of any court security officers employed (whether by the committee or a paying authority) under section 76(2)(a) of the Criminal Justice Act 1991 in relation to petty sessions areas within the magistrates’ courts committee area together with—
(i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Contributions and Benefits Act 1992, and
(ii) state scheme premiums so payable under Chapter III of Part III of the Pension Schemes Act 1993;
(c) the sums payable under any contract entered into (whether by any such magistrates’ courts committee or a paying authority) under section 76(2)(b) of the Criminal Justice Act 1991; and
(d) so far as they are not otherwise provided for, all other costs incurred, with the general or special authority of the magistrates’ courts committee, by the justices for the magistrates’ courts committee area.
(7) Nothing in subsection (1), (4) or (5) above shall require any paying authority to incur any expenditure or make any payment which would—
(a) cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section, or
(b) cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.
(8) Subject to section 16(2) of this Act, any accommodation provided under this section for any justice, justices’ clerk or justices’ chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.
(9) Two or more paying authorities may arrange for accommodation, goods or services provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.
(10) In this section—
“paying authority” in relation to a magistrates’ courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates;
“responsible authority” means any unitary authority or any county council so far as they are not a unitary authority; and
“unitary authority” means—
the council of any county so far as they are the council for an area for which there are no district councils,
the council of any district comprised in an area for which there is no county council,
a county borough council,
a London borough council, or
the Common Council of the City of London.
(11) Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).
Provisions supplementary to s. 55.
56 (1) Subject to the provisions of this section—
(a) the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 of this Act,
(b) the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of a magistrates’ courts committee, and
(c) the nature and amount of the expenses which a magistrates’ courts committee may incur in the discharge of any functions or may authorise to be incurred,
shall be such as may from time to time be determined by the magistrates’ courts committee after consultation with the paying authority or authorities.
(2) Where the expenses of a magistrates’ courts committee (including any sums which are taken by section 55(6) of this Act to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.
(3) Any paying authority which is aggrieved by a determination of a magistrates’ courts committee under subsection (1) above may, within one month from the receipt by the authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the magistrates’ courts committee and any authority concerned.
(4) The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.
(5) In this section “paying authority” has the same meaning as in section 55 of this Act.
(2) 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.
84 Local authority land appropriated to magistrates’ courts purposes.
After section 59 of the 1979 Act there shall be inserted—
Local authority land appropriated to magistrates’ courts purposes.
59A (1) Where after the commencement of this section a responsible authority appropriate any land owned by them to magistrates’ courts purposes, the authority shall be taken for the purposes of section 59(2) of this Act to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.
(2) In subsection (1) above—
“land” includes any interest in land,
“magistrates’ courts purposes” means the purposes of being provided under section 55(1) of this Act as a petty sessional court-house or other accommodation, and
“responsible authority” has the same meaning as in section 55 of this Act.
After section 62 of the 1979 Act there shall be inserted—
Regulations as to accounts and audit.
62A (1) The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—
(a) to keep prescribed accounts and prescribed records in relation to those accounts, and
(b) to cause any such accounts to be audited in accordance with the regulations.
(2) In subsection (1) above “prescribed” means prescribed by the regulations.
(1) 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.
(2) The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.
(3) It shall be the duty of inspectors of the magistrates’ courts service—
(a) to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area, and
(b) 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.
(4) 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.
(5) 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.
(6) 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.
(1) 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) a right of entry to any court-house or other premises occupied by a magistrates’ courts committee, and
(b) 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.
(2) Subsection (1) above does not entitle an inspector—
(a) to be present when a magistrates’ court is hearing proceedings in private, or
(b) to attend any private deliberations of the justices of the peace.
(3) 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—
(a) 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
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used, or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require.
(1) 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—
(a) are failing properly to discharge any duty imposed on them by or under any enactment, or
(b) have so failed and are likely to do so again.
(2) 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.
(3) An order under this subsection shall—
(a) state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and
(b) provide either or both of the following—
(i) that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or
(ii) 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.
(4) 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—
(a) stating that he remains of that opinion, and
(b) providing—
(i) that all the members of the committee are to vacate their office on the making of the order, and
(ii) 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).
(5) 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.
(6) 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.
(1) The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—
(a) designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions, and
(b) for improving the financial or other management of the committee.
(2) 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.
(3) 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.
(4) In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.
90 Regulations under Justices of the Peace Act 1979.
After section 69 of the 1979 Act there shall be inserted—
Regulations.
69A A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 12, 21, 24C, 24D(2), 25(2) or 62A of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part of this Act “the 1979 Act” means the Justices of the Peace Act 1979.
(2) 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.
(1) 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.
(2) 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.
(3) The following provisions of this Act—
(a) section 3 and Schedule 2, so far as they relate to—
(i) the power to make orders under the section inserted by section 3, or
(ii) the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,
(b) sections 13 and 50,
(c) 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
(d) section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,
shall come into force on the passing of this Act.
(4) An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.
(5) 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.
(6) Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision—
(a) 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);
(b) for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;
(c) for the transfer of members of police forces and other persons;
(d) as to pending legal proceedings;
(e) 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;
(f) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.
(7) Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision—
(a) for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;
(b) 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;
(c) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.
(8) 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.
(1) 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.
(2) Part II of, together with Schedule 6 to, this Act extends to Scotland only.
(3) 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.
(4) The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.
(5) Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.
SCHEDULE 4 APPLICATION TO POLICE AUTHORITIES OF ENACTMENTS RELATING TO LOCAL AUTHORITIES
Section 43.
Part I AMENDMENTS OF LOCAL GOVERNMENT ENACTMENTS
Local Government (Records) Act 1962
1 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, ”.
2 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, ”.
Local Government Act 1966
3 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 ”.
Local Government Grants (Social Need) Act 1969
4 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 ”.
Local Authorities (Goods and Services) Act 1970
5 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 ”.
Local Government Act 1972
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 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 ”.
8 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 ”.
9 (1) Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.
(2) For subsection (1)(e) there shall be substituted—
(e) a police authority established under section 3 of the Police Act 1964;
.
(3) In subsection (4), in paragraph (a)—
(a) for the words “combined police authority" there shall be substituted the words “ police authority established under section 3 of the Police Act 1964 ”, and
(b) for the word “which" there shall be substituted the words “ or other person that ”.
10 (1) 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.
(2) In subsection (1)—
(a) the words “104 and" shall be omitted, and
(b) after the words “those sections" there shall be inserted the words “ and section 104 ”.
(3) In subsection (3) for the words “for the purposes of" there shall be substituted the word “ by ”.
(4) After subsection (3) there shall be inserted—
(3A) Where pursuant to arrangements made by virtue of subsection (3) above—
(a) a chief officer of police, or
(b) the deputy of a chief officer of police,
may discharge functions of a police authority, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the authority but is not under the authority’s direction and control.
(5) In subsection (8) for the words “for the purposes of" there shall be substituted the word “ by ”.
(6) Subsections (9) and (10) shall be omitted.
11 (1) Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.
(2) In subsection (1)—
(a) at the beginning there shall be inserted the words “ Subject to subsection (1A) below, ”, and
(b) after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the Police Act 1964 ”.
(3) After subsection (1) there shall be inserted—
(1A) A police authority established under section 3 of the Police Act 1964 shall not be treated—
(a) as a local authority for the purposes of section 112, 139, 140A or 140C above, or
(b) as a principal council for the purposes of section 122 above.
12 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 ”.
13 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 ”.
14 The words “and a police authority established under section 3 of the Police Act 1964” shall be inserted after the words “joint authority”—
(a) in section 229 of that Act (photographic copies of documents), in subsection (8);
(b) in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);
(c) in section 232 of that Act (public notices), in subsection (1A);
(d) in section 233 of that Act (service of notices by local authorities), in subsection (11); and
(e) in section 234 of that Act (authentication of documents), in subsection (4).
15 (1) Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows.
(2) 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 ”.
(3) In paragraph 6B—
(a) after the word “that" there shall be inserted “ (a) ”, and
(b) for the words “members in the case of a joint authority" there shall be substituted the words
, and
(b) in the case of a police authority established under section 3 of the Police Act 1964, sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority another member chosen by the members of the authority present shall preside.
(4) 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 ”.
Local Government Act 1974
16 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—
(ca) any police authority established under section 3 of the Police Act 1964;
.
Local Government (Miscellaneous Provisions) Act 1976
17 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—
(3) For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority and references to employment shall be construed accordingly.
18 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 ”.
Local Government, Planning and Land Act 1980
19 In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)—
(a) in paragraph (j) the words from “a police committee" to “in Scotland", and
(b) in paragraph (k) the words from “a combined" to “in Scotland",
shall be omitted.
20 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 ”.
21 In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—
(dc) a police authority established under section 3 of the Police Act 1964;
.
22 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—
5C A police authority established under section 3 of the Police Act 1964.
Local Government (Miscellaneous Provisions) Act 1982
23 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 ”.
24 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—
(ca) a police authority established under section 3 of the Police Act 1964; and
.
Local Government Finance Act 1982
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1986
29 In section 6 of the Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a) after the entry relating to the Broads Authority there shall be inserted—
a police authority established under section 3 of the Police Act 1964,
.
30 In section 9 of that Act (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a) after the entry relating to the Common Council there shall be inserted—
a police authority established under section 3 of the Police Act 1964,
.
Local Government Act 1988
31 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—
(e) a police authority established under section 3 of the Police Act 1964,
.
32 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. ”
Local Government Finance Act 1988
33 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—
(a) any police authority established under section 3 of the Police Act 1964, and
.
34 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, ”.
Local Government and Housing Act 1989
35 In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer)—
(a) 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) ”;
(b) 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
(c) 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 ”.
36 In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—
(a) in subsection (4)(h) for the words “paragraphs (a) to (g)" there shall be substituted the words “ paragraphs (b) to (g) ”, and
(b) in subsection (9) for the words “paragraphs (a) to (j)" there shall be substituted the words “ paragraphs (a) to (f) or (h) to (j) ”.
37 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) ”.
38 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—
(g) a police authority established under section 3 of the Police Act 1964;
.
39 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—
(i) a police authority established under section 3 of the Police Act 1964;
.
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 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.
42 In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—
(ea) a police authority established under section 3 of the Police Act 1964;
.
43 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—
(g) a police authority established under section 3 of the Police Act 1964;
.
44 In Schedule 1 to that Act (political balance on local authority committees etc.)—
(a) 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
(b) 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) ”.
Local Government Finance Act 1992
45 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—
(c) a police authority established under section 3 of the Police Act 1964; and
.
Part II AMENDMENTS OF OTHER ENACTMENTS
Trustee Investments Act 1961
46 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 ”.
47 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; ”.
Leasehold Reform Act 1967
48 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 ”.
Post Office Act 1969
49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Agencies Act 1973
50 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 ”.
Race Relations Act 1976
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent (Agriculture) Act 1976
52 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—
(baa) a police authority established under section 3 of the Police Act 1964;
.
Rent Act 1977
53 In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.) after paragraph (c) there shall be inserted—
(caa) a police authority established under section 3 of the Police Act 1964;
Justices of the Peace Act 1979
54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acquisition of Land Act 1981
55 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”—
(a) 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
(b) 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. ”
Stock Transfer Act 1982
56 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—
(ba) any police authority established under section 3 of the Police Act 1964; or
.
County Courts Act 1984
57 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 ”.
Housing Act 1985
58 In section 4 of the Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—
(a) 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 ”,
(b) the words “sections 438, 441, 442, 443, 458, 460(3)" shall be omitted, and
(c) 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 ”.
Housing Associations Act 1985
59 In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—
(a) for the words “sections 84(5) and 85(4)" there shall be substituted the words “ section 84(5) ”, and
(b) 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 ”.
Landlord and Tenant Act 1985
60 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 ”.
Landlord And Tenant Act 1987
61 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 ”.
Housing Act 1988
62 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 words
and
(g) a police authority established under section 3 of the Police Act 1964.
Town and Country Planning Act 1990
63 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, ”.
SCHEDULE 5 POLICE: MINOR AND CONSEQUENTIAL AMENDMENTS
Section 44.
Part I
1 (1) Section 12 of the Police Act 1964 (reports by chief constables to police authorities) shall be amended as follows.
(2) In subsection (1)—
(a) for the words “calendar year" there shall be substituted the words “ financial year ”, and
(b) the words “in writing" shall be omitted.
(3) After subsection (1) there shall be inserted—
(1A) A chief constable shall arrange for a report submitted by him under subsection (1) of this section to be published in such manner as he thinks fit.
(4) In subsection (2) the words “in writing" shall be omitted.
(5) After subsection (2) there shall be inserted—
(2A) A report submitted under subsection (2) of this section shall be in such form as the police authority may specify.
(6) After subsection (3) there shall be inserted—
(3A) The police authority may arrange, or require the chief constable to arrange, for a report under subsection (2) of this section to be published in such manner as the authority thinks fit.
2 (1) Section 13 (collaboration agreements) shall be amended as follows.
(2) In subsection (1) after the word “efficiently" there shall be inserted the words “ or effectively ”.
(3) After subsection (6) there shall be added—
(7) The provisions of this section shall not prejudice the power of a police authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of the authority’s functions.
3 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.
4 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 ”.
5 In section 25, subsection (5) (five representatives of Cambridge University to be members of police authority for area including Cambridge) shall be omitted.
6 In section 28 (general duty of Secretary of State) after the word “efficiency" there shall be inserted the words “ and effectiveness ”.
7 (1) Section 29 (removal of chief constables etc.) shall be amended as follows.
(2) At the end of subsection (1) there shall be added the words “ or effectiveness ”.
(3) In subsection (2) for the words “a deputy or assistant chief constable" there shall be substituted the words “ an assistant chief constable ”.
8 (1) Section 30 (reports by chief constables to the Secretary of State) shall be amended as follows.
(2) After subsection (1) there shall be inserted—
(1A) A requirement under subsection (1) of this section may specify the form in which a report is to be given.
(1B) The Secretary of State may arrange, or require the chief constable to arrange, for a report under this section to be published in such manner as the Secretary of State thinks fit.
(3) In subsection (2) for the words “calendar year" there shall be substituted the words “ financial year ”.
9 In section 42 (research) after the word “efficiency" there shall be inserted the words “ or effectiveness ”.
10 (1) Section 43 (central service on police duties) shall be amended as follows.
(2) In subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 53C(3) of this Act ”.
(3) 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 ”.
11 (1) Section 44 (Police Federations) shall be amended as follows.
(2) 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 ”.
(3) In subsection (1B) for the words “the Secretary of State" there shall be substituted the words “ a police appeals tribunal ”.
12 In section 53 (causing disaffection) in subsection (1) the words “or to commit breaches of discipline" shall be omitted.
13 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 ”.
14 (1) Section 58 (chief officers affected by amalgamations or local government reorganisations) shall be amended as follows.
(2) 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 ”.
(3) In subsection (2) for the word “deputy" there shall be substituted the word “ assistant ”.
(4) After subsection (3) there shall be inserted—
(3A) If a chief constable was appointed for a term which expires within three months of his becoming a member of a police force by virtue of this section, subsection (3) shall have effect as if the reference to three months were a reference to that term.
15 For section 62 (meaning of “police area" etc.) there shall be substituted—
Meaning of “chief officer of police" etc.
62 Except where the context otherwise requires, in this Act—
“chief officer of police” means—
in relation to a police force maintained under section 2 of this Act, the chief constable,
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis, and
in relation to the City of London police, the Commissioner of the City of London Police;
“City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police;
“ metropolitan police district” means that district as defined in section 76 of the London Government Act 1963;
“police area” (or “police district”) means a police area provided for by section 1 of this Act;
“police authority” means—
in relation to a police area listed in Schedule 1A to this Act, the authority established under section 3 of this Act,
in relation to the metropolitan police district, the Secretary of State, and
in relation to the City of London police area, the Common Council;
“police force” means a force maintained by a police authority;
“police fund” means—
in relation to a force maintained under section 2, the fund kept by that force’s police authority under section 8 of this Act,
in relation to the metropolitan police, the metropolitan police fund, and
in relation to the City of London Police, the fund out of which the expenses of the City police are paid.
Part II AMENDMENT OF OTHER ENACTMENTS
Offices, Shops and Railway Premises Act 1963
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions (Increase) Act 1971
17 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—
(b) was engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980, being service in respect of which section 53C of the Police Act 1964 or, as the case may be, section 38A of the Police (Scotland) Act 1967 had effect; or
(ba) was engaged on temporary service in accordance with section 15A(2) of the Police Act 1964 or section 12A(2) of the Police (Scotland) Act 1967; or
.
Overseas Pensions Act 1973
18 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—
(d) a person who is—
(i) a member of a police force engaged on relevant service within the meaning of section 53C(1)(a), (c) or (e) of the Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980), or
(ii) a constable of a police force engaged on relevant service within the meaning of section 38A(1)(a), (c) or (e) of the Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980),
and who is incapacitated or dies as a result of an injury sustained or disease contracted during that service;
.
Police Pensions Act 1976
19 In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2), for paragraph (b) there shall be substituted—
(b) an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980;
(ba) a person engaged on temporary 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;
(bb) a person engaged on service in the Royal Ulster Constabulary, whose service is or was for the time being service in respect of which the provisions of section 53C of the Police Act 1964 or, as the case may be, section 38A of the Police (Scotland) Act 1967 have or had effect;
.
20 (1) Section 11 of that Act (interpretation) shall be amended as follows.
(2) In subsection (1), for paragraph (a) there shall be substituted—
(a) service as an officer pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980;
(aa) temporary 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;
(ab) service in the Royal Ulster Constabulary in respect of which the provisions of section 53C of the Police Act 1964 or, as the case may be, section 38A of the Police (Scotland) Act 1967 have effect;
.
(3) In subsection (2)(b) after the words “subsection (1)" there shall be inserted “ (aa), (ab), ”.
(4) In subsection (3)—
(a) in paragraph (b) after the words “subsection (1)(a)," there shall be inserted “ (aa), (ab), ”, and
(b) after the words “body in" there shall be inserted the words “ or with ”.
Police Negotiating Board Act 1980
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1981
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aviation Security Act 1982
23 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," ”.
Police and Criminal Evidence Act 1984
24 In section 84 of the Police and Criminal Evidence Act 1984 (general provision relating to police complaints and discipline), in subsection (4)—
(a) in the definition of “senior officer" for the words “chief superintendent" there shall be substituted the word “ superintendent ”, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 (1) Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows.
(2) In subsection (1) for the words “he has been" onwards there shall be substituted—
(a) he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or
(b) he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.
(3) In subsection (2) for the words “chief superintendent" there shall be substituted the word “ superintendent ”.
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Order Act 1986
37 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 ”.
Channel Tunnel Act 1987
38 (1) Section 14 of the Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows.
(2) 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 ”.
(3) In subsections (4) and (5)—
(a) for the words “police committee for the county of Kent" there shall be substituted the words “ Kent Police Authority ”, and
(b) for the word “committee", in the second place where it occurs, there shall be substituted the word “ Authority ”.
Tribunals and Inquiries Act 1992
39 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)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the words “or 56(a)" there shall be substituted the words “ , 56(a) or 57A ”.
40 (1) Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted—
Police
57A An appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c.77).
SCHEDULE 6 SCHEDULE TO BE INSERTED IN POLICE (SCOTLAND) ACT 1967 : APPEALS TRIBUNALS
Section 55.
SCHEDULE 3
APPEALS
Police Appeals Tribunals
1 (1) In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—
(a) one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this Schedule;
(b) one shall be a member of a police authority, other than the relevant police authority; and
(c) one shall be a person who is (or has within the previous five years been) an inspector of constabulary.
(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.
2 (1) In the case of an appeal by a constable who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—
(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule;
(b) one shall be a member of the authority;
(c) one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the police force; and
(d) one shall be a retired constable of appropriate rank.
(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.
Notice of appeal
3 An appeal shall be instituted by giving notice of appeal within the time prescribed by rules under section 30 of this Act.
Respondent
4 On any appeal the respondent shall be the person prescribed by rules under section 30 of this Act.
Casting vote
5 Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.
Hearing
6 (1) A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
(2) Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.
Effect
7 (1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.
(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.
(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
Tribunal remuneration and expenses
8 Members of a police appeals tribunal shall be—
(a) paid such remuneration; and
(b) reimbursed for such expenses,
as the Secretary of State may determine.
Expenses of proceedings
9 (1) An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority.
(2) Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.
Interpretation
10 In this Schedule—
(a) “senior officer” means a constable holding a rank above that of superintendent;
(b) “relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and
(c) “retired constable of appropriate rank” means—
(i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and
(ii) in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.
.
SCHEDULE 8 MAGISTRATES’ COURTS: MINOR AND CONSEQUENTIAL AMENDMENTS
Section 91.
Part I
1 (1) Section 12 of the 1979 Act (travelling, subsistence and financial loss allowances) shall be amended as follows.
(2) In subsection (5) for paragraph (b) there shall be substituted—
(b) in relation to the inner London area—
(i) the council of the inner London borough which is or includes the petty sessions area for which the justice acts, or
(ii) where the justice acts for a petty sessions area which is partly included in two or more inner London boroughs, the councils of those boroughs;
.
(3) After that subsection there shall be inserted—
(5A) Where by virtue of subsection (5)(b)(ii) above an allowance under this section is payable jointly by two or more inner London boroughs, the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor.
2 (1) Section 17 (chairman and deputy chairmen of justices) shall be amended as follows.
(2) 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 ”.
(3) In subsection (2), for the words “subsection (3)" there shall be substituted the words “ subsections (2A) and (3) ”.
(4) After subsection (2) there shall be inserted—
(2A) Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.
3 In section 18 (rules as to chairmanship and size of bench) in subsection (2)—
(a) 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
(b) for paragraph (c) there shall be substituted—
(c) as to courses of instruction to be completed by justices before they may preside in court;
(d) as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and
(e) as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.
4 (1) Section 19 (general provisions as to magistrates’ courts committees) shall be amended as follows.
(2) 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 ”.
(3) 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 ”.
(4) Subsections (3) and (4) shall be omitted.
5 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 ”.
6 (1) Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows.
(2) In subsection (1)—
(a) the words from “acting" to “boroughs" shall cease to have effect, and
(b) for the words “the county, district or borough" there shall be substituted the words “ their area ”.
(3) In subsection (2) for the words “the county, district or borough, as the case may be" there shall be substituted the words “ their area ”.
(4) 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 ”.
7 (1) Section 24 (procedure relating to section 23) shall be amended as follows).
(2) In subsection (1)(a)—
(a) for the words “council of the" there shall be substituted the words “ council of every ”,
(b) the word “outer" shall be omitted, and
(c) for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.
(3) In subsection (2)—
(a) for the words “council of the" there shall be substituted the words “ council of every ”,
(b) the word “outer" shall be omitted, and
(c) for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.
(4) In subsection (5)—
(a) the words “in a non-metropolitan county, metropolitan district or outer London borough" shall be omitted, and
(b) at the end there shall be inserted the words “ or by section 69 of the Police and Magistrates’ Courts Act 1994 ”.
8 (1) Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows.
(2) In subsection (1) the words “for an area mentioned in section 19(2) above other than the City of London" shall be omitted.
(3) After subsection (2) there shall be inserted—
(2A) Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.
9 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 ”.
10 (1) Section 26 (qualifications for appointment as justices’ clerk) shall be amended as follows.
(2) 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.
(3) For subsection (3) there shall be substituted—
(3) A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices’ clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk.
(4) Subsections (2), (4) and (5) shall be omitted.
11 (1) Section 27 (conditions of service and staff of justices’ clerks) shall be amended as follows.
(2) Subsections (1) to (5) and (7) and (9) shall be omitted.
(3) For subsection (6) there shall be substituted—
(6) A magistrates’ courts committee may employ staff on such terms as they think fit.
(4) At the end of subsection (8) there shall be added the words “ or approved by the Lord Chancellor in accordance with the rules ”.
12 In section 28 (general powers and duties of justices’ clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.
13 In section 30 (person acting as substitute clerk to justices), in subsection (1) the words “outside the inner London area" shall be omitted.
14 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 ”.
15 After section 34A of the 1979 Act there shall be inserted—
Justices’ clerks for youth courts and family proceedings courts
Appointment of justices’ clerks for youth courts and family proceedings courts.
34B (1) The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.
(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.
(3) In this section—
“the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and
“the metropolitan area” means the inner London area and the City of London.
16 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.
17 In section 42 (no petty sessional divisions in the City) for the words “section 41 above" there shall be substituted the words “ this Act ”.
18 (1) Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows.
(2) In subsection (3), in paragraph (b), for the words “the local authority" there shall be substituted the words “ any paying authority ”.
(3) After subsection (3) there shall be inserted—
(3A) Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.
(4) In subsection (4) for the words “this section" there shall be substituted the words “ subsection (3) above ”.
(5) For subsection (5) there shall be substituted—
(5) In this section—
“justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk,
“local funds”, in relation to a justice or justices’ clerk, means funds out of which the expenses of the magistrates’ courts committee for the area for which he acted at the material time are payable, and
“paying authority”, in relation to a justice or justices’ clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates’ courts committee for the area for which he acted at the material time.
19 (1) Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows.
(2) In subsection (1)—
(a) in paragraph (b) after the word “7" there shall be inserted the words “ or 24 ”, and
(b) for the word “and" immediately following that paragraph there shall be substituted—
(bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and
.
(3) For subsection (8) there shall be substituted—
(8) In this section—
“court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and
“responsible authority” has the same meaning as in section 55 of this Act.
20 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 ”.
21 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 ”.
22 In section 70 (interpretation), for the definition of “magistrate" there shall be substituted—
“magistrate”—
(a) in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list,
(b) in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it, and
(c) in relation to a magistrates’ courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;
“magistrates’ courts committee area” means the area to which a magistrates’ courts committee relates;
.
23 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 ”.
Part II AMENDMENTS OF OTHER ENACTMENTS
London Building Acts (Amendment) Act 1939
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superannuation (Miscellaneous Provisions) Act 1967
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions (Increase) Act 1971
26 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
(c) service as a justices’ chief executive.
27 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 ”.
Juries Act 1974
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Domestic Proceedings and Magistrates’ Courts Act 1978
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ Courts Act 1980
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 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.
Road Traffic Offenders Act 1988
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1991
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1992
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 93.
Part I POLICE
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.
Act of the Parliament of Northern Ireland
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).
Part II Magistrates’ courts
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.