Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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6 (1) The Metropolitan Police Authority shall at each annual meeting appoint a chairman from among its members.

(2) The appointment under sub-paragraph (1) shall be the first business transacted at the meeting.

(3) On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made--

(a) at the next meeting of the Metropolitan Police Authority (other than an extraordinary meeting), or

(b) if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.

Disqualification

7 (1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified for being appointed as or being a member of the Metropolitan Police Authority if--

(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the Metropolitan Police Authority or any committee or sub-committee of the Metropolitan Police Authority, or by a joint committee on which the Metropolitan Police Authority is represented, or by a person holding any such office or employment;

(b) a bankruptcy order has been made against him, or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c) he is subject to a disqualification order under the [1986 c. 46.] Company Directors Disqualification Act 1986, or to an order made under section 429(2)(b) of the [1986 c. 45.] Insolvency Act 1986 (failure to pay under county court administration order); or

(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2) A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee--

(a) on which that police authority is represented, and

(b) any member of which is appointed on the nomination of some other police authority,

shall be disqualified for being appointed as, or being, a member of that other police authority if either of those police authorities is the Metropolitan Police Authority.

(3) Where a person is disqualified under sub-paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease--

(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(4) Where a person is disqualified under sub-paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(5) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

8 (1) Without prejudice to paragraph 7, a person shall be disqualified for being appointed as a member of the Metropolitan Police Authority under paragraph 3 if--

(a) he has not yet attained the age of twenty-one years, or

(b) neither his principal or only place of work, nor his principal or only place of residence, has been in the metropolitan police district during the whole of the period of twelve months ending with the day of appointment.

(2) Without prejudice to paragraph 7, a person shall be disqualified for being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within the metropolitan police district.

9 (1) Without prejudice to paragraph 7, a person shall be disqualified for being appointed as a member of the Metropolitan Police Authority under paragraph 3, and for being a member so appointed, if he is--

(a) a member of a London borough council;

(b) the Mayor of London;

(d) a magistrate for a commission area which is wholly or partly within the metropolitan police district;

(e) a member of the selection panel for the metropolitan police district established under Schedule 3;

(f) a member of a police force;

(g) an officer or employee of a police authority; or

(h) an officer or employee of the Greater London Authority or of a London borough council.

(2) A person shall not be regarded for the purposes of sub-paragraph (1)(h) as an employee of a London borough council by reason of his holding--

(a) the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or

(b) any other post as a teacher or lecturer in any such school, college, institution or establishment.

Tenure of office

10 Subject to the following paragraphs (and to the provision of any order under section 5C(2)) a person shall hold and vacate office as a member of the Metropolitan Police Authority in accordance with the terms of his appointment.

11 (1) A person shall be appointed to hold office as a member for--

(a) a term of four years, or

(b) such shorter term as the person or body appointing him may determine in any particular case.

(2) A person shall not, by virtue of sub-paragraph (1)(b), be appointed under paragraph 3(3) for a term shorter than four years without the approval of the Secretary of State.

12 (1) A person may at any time resign his office as a member, or as chairman, by notice in writing to the Metropolitan Police Authority.

(2) Where a member appointed under paragraph 3 resigns his office as a member under sub-paragraph (1) of this paragraph, he shall send a copy of the notice to the Secretary of State.

13 (1) A member of the London Assembly appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of the Metropolitan Police Authority if he ceases to be a member of the London Assembly (and does not immediately again become a member of the London Assembly).

(2) The Deputy Mayor appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of that Authority if he ceases to be Deputy Mayor.

(3) A magistrate appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of that Authority if he ceases to be one of the magistrates for commission areas which are wholly or partly within the metropolitan police district.

14 (1) The Metropolitan Police Authority may remove a member from office by notice in writing if--

(a) he has been absent from meetings of the Metropolitan Police Authority for a period longer than three consecutive months without the consent of the Metropolitan Police Authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 7),

(d) the Metropolitan Police Authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) Where the Metropolitan Police Authority removes a member under sub-paragraph (1), it shall give notice of that fact--

(a) in the case of a member appointed under paragraph 2 or 5, to the body or person which appointed him, and

(b) in the case of a member appointed under paragraph 3, to the Secretary of State.

15 The Mayor of London may remove from office a member of the Metropolitan Police Authority appointed by him under paragraph 2 with a view to appointing another in his place if he considers that to do so would further the object provided for by paragraph 2(3).

16 If the chairman of the Metropolitan Police Authority ceases to be a member, he shall also cease to be chairman.

Eligibility for re-appointment

17 A person who ceases to be a member, otherwise than by virtue of paragraph 14, or ceases to be chairman may (if otherwise eligible) be re-appointed.

Validity of acts

18 The acts and proceedings of any person appointed to be a member or chairman of the Metropolitan Police Authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

19 The proceedings of the Metropolitan Police Authority shall not be invalidated by a vacancy in the membership of the Metropolitan Police Authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

Allowances

20 (1) The Metropolitan Police Authority may make to its chairman and other members such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine.

(2) Payments by way of allowances shall not be made to members of the Metropolitan Police Authority who are also members of the London Assembly.

(3) Payments made under sub-paragraph (1) may differ according to whether the recipient is the chairman or one of the other members of the Metropolitan Police Authority or was appointed under paragraph 2, 3 or 5.

Mayor's functions to be exercised by him personally

21 Any functions exercisable by the Mayor of London under this Schedule may only be exercised by him personally.

Interpretation

22 In this Schedule--

"commission area" has the same meaning as in the Justices of the [1997 c. 25.] Peace Act 1997;
"magistrate" has the same meaning as in the Justices of the [1997 c. 25.] Peace Act 1997. "

Section 325.

SCHEDULE 27 Further amendments relating to metropolitan police etc

The Metropolitan Police Act 1829

1 The following provisions of the [1829 c. 44.] Metropolitan Police Act 1829 shall cease to have effect--

(a) section 1 (establishment of metropolitan police and appointment of Commissioner);

(b) section 4 (the metropolitan police district);

(d) sections 10 to 12 (the Receiver); and

(e) section 22 (watchboxes).

The Metropolitan Police Act 1856

2 The following provisions of the [1856 c. 2.] Metropolitan Police Act 1856 shall cease to have effect--

(a) section 2 (appointment of Assistant Commissioners);

(b) section 6 (duties of Assistant Commissioners);

(d) section 8 (powers of Assistant Commissioners in case of vacancy or illness of the Commissioner).

The Metropolitan Police (Receiver) Act 1861

3 The following provisions of the [1861 c. 124.] Metropolitan Police (Receiver) Act 1861 shall cease to have effect--

(a) section 1 (Receiver as corporation sole with power to hold stocks, shares etc);

(b) section 5 (power of Receiver to dispose of property etc); and

The Metropolitan Police (Receiver) Act 1867

4 Section 1 of the [1867 c. 39.] Metropolitan Police (Receiver) Act 1867 (accounts) shall cease to have effect.

The Metropolitan Police Act 1886

5 The following provisions of the [1886 c. 22.] Metropolitan Police Act 1886 shall cease to have effect--

(a) section 2 (power of Receiver with respect to construction of buildings and purchase of land);

(b) section 4 (Receiver: purchase of land);

(d) section 7 (definition of "police receiver").

The Riot (Damages) Act 1886

6 (1) The [1886 c. 38.] Riot (Damages) Act 1886 shall be amended as follows.

(2) In section 9 (definitions) in the definition of the expression "compensation authority"--

(a) paragraph (b) (the Receiver, in relation to the metropolitan police district) shall cease to have effect; and

(b) in paragraph (c) (the police authority in relation to any other police area) the word "other" shall cease to have effect.

The Metropolitan Police Act 1887

7 The [1887 c. 45.] Metropolitan Police Act 1887 shall cease to have effect.

The Metropolitan Police (Receiver) Act 1895

8 The [1895 c. 12.] Metropolitan Police (Receiver) Act 1895 shall cease to have effect.

The Metropolitan Police Courts Act 1897

9 The [1897 c. 26.] Metropolitan Police Courts Act 1897 shall cease to have effect.

The Police (Property) Act 1897

10 (1) Section 2 of the [1897 c. 30.] Police Property Act 1897 (regulations with respect to unclaimed property in possession of the police) shall be amended as follows.

(2) In subsection (2B) (meaning of "the relevant authority")--

(a) in paragraph (a) (police areas in England and Wales, other than the metropolitan police district) the words "listed in Schedule 1 to the Police Act 1996 or the City of London police area", and

(b) paragraph (b) (in relation to the metropolitan police district, the Receiver),

shall cease to have effect.

The Metropolitan Police Act 1899

11 Section 1 of the [1899 c. 26.] Metropolitan Police Act 1899 (which provides for the remuneration of the Commissioner of Police of the Metropolis) shall cease to have effect.

The Police Act 1909

12 In the [1909 c. 40.] Police Act 1909, section 1 (annual contribution towards expenses of metropolitan police force in respect of services rendered for imperial and national purposes) shall cease to have effect.

The Crown Lands Act 1936

13 (1) The [1936 c. 47.] Crown Lands Act 1936 shall be amended as follows.

(2) In section 1 (transfer of lands to Commissioners of Works) the proviso to subsection (4) (which relates to payment in respect of lands transferred to the Receiver and is of no further utility) shall cease to have effect.

(3) In section 3--

(a) in subsection (1) (power of Commissioners of Works to erect buildings for certain purposes) the words "or offices for the metropolitan police", and

(b) subsection (2) (power to transfer land and buildings to the Receiver),

shall cease to have effect.

The London Building Acts (Amendment) Act 1939

14 (1) Section 151 of the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939 (Crown exemptions) shall be amended as follows.

(2) In subsection (1) (which specifies the exemptions) paragraph (bb) (the Receiver) shall cease to have effect.

The Local Government Act 1948

15 Section 121 of the [1948 c. 26.] Local Government Act 1948 (provisions as to precepts of metropolitan police) shall cease to have effect.

The Metropolitan Magistrates' Courts Act 1959

16 (1) The [1959 c. 45.] Metropolitan Magistrates' Courts Act 1959 shall be amended as follows.

(2) In section 4(2) (borrowing powers of Receiver), the words ", or of the metropolitan police force," shall cease to have effect.

The Local Government (Records) Act 1962

17 (1) The [1962 c. 56.] Local Government (Records) Act 1962 shall be amended as follows.

(2) In section 2 (acquisition and deposit of records) in subsection (6) (local authorities to which the section applies) after "section 3 of the [1996 c. 16.] Police Act 1996," there shall be inserted "the Metropolitan Police Authority,".

(3) In section 8 (interpretation) in the definition of "local authority" after "section 3 of the [1996 c. 16.] Police Act 1996," there shall be inserted "the Metropolitan Police Authority,".

The Administration of Justice Act 1964

18 In section 38(1) of the [1964 c. 42.] Administration of Justice Act 1964 (interpretation) the definition of "the Receiver" shall cease to have effect.

The Local Government Act 1966

19 (1) Section 11 of the [1966 c. 42.] Local Government Act 1966 (grants for expenditure due to ethnic minority population) shall be amended as follows.

(2) In subsection (2) (application to police authorities etc) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted ", the Metropolitan Police Authority,".

The Superannuation (Miscellaneous Provisions) Act 1967

20 (1) Section 15 of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) shall be amended as set out in sub-paragraphs (2) to (6) below.

(2) In subsection (1)(a) (definition of "member of the metropolitan civil staffs") for sub-paragraph (i) there shall be substituted--

" (i) who is employed by the Metropolitan Police Authority; " .

(3) In subsection (2) (power of Secretary of State to grant certain pensions payable by the Receiver out of the Metropolitan Police Fund) for the words from the beginning to "in respect of members of the metropolitan civil staffs" in paragraph (b) there shall be substituted--

" (2) As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.

(2A) The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

(2B) Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(2C) Subsection (2B) above does not apply for the purposes of--

(a) any criminal proceedings against the authorised person (or any employee of his); or

(b) any contract between him and the person who authorised him, so far as relating to the function.

(2D) Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices [1997 c. 25.] of the [1972 c. 11.] Peace Act 1997, paragraph 36 of Schedule 14 to the [1999 c. 22.] Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member " .

(4) In subsection (3)(b) (power by regulations to adapt civil service provisions) for "(2)(b)" there shall be substituted "(2D)".

(5) In subsection (6) (requirement to consult before making regulations) after "staffs" there shall be inserted "and with the Metropolitan Police Authority".

(6) In subsection (7) (continuation of payment of pre-existing pension entitlements by Receiver), for the words from "continue" to the end there shall be substituted "be paid by the Metropolitan Police Authority".

(7) Nothing in sub-paragraphs (2) to (5) above shall affect the application of section 15 of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 in relation to any person falling within sub-paragraph (10) below.

(8) A pension or other benefit granted or continued to be paid to or in respect of a person by virtue of sub-paragraph (7) above shall be granted or paid by the Metropolitan Police Authority, and accordingly section 15(2)(a) of the Superannuation (Miscellaneous Provisions) Act 1967 shall not apply in relation to such a person.

(9) Section 15(2)(b) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 shall apply in relation to a person falling within sub-paragraph (10) below as if for the words from the beginning to "in respect of members of the metropolitan civil staffs" there were substituted--

" (b) unless the powers conferred by paragraph 36 of Schedule 14 to the [1999 c. 22.] Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits u der this section to or in respect of such a member " .

(10) A person falls within this sub-paragraph if he ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 before the day on which section 310 of this Act comes into force.

The Leasehold Reform Act 1967

21 (1) Section 28 of the [1967 c. 88.] Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) shall be amended as follows.

(2) In subsection (5) (bodies to which the section applies) in paragraph (a), after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

The Firearms Act 1968

22 In section 57(4) of the [1968 c. 27.] Firearms Act 1968 (interpretation) in the definition of "civilian officer", paragraph (b) and the word "or" immediately preceding it shall cease to have effect.

The Local Government Grants (Social Need) Act 1969

23 (1) The [1969 c. 2.] Local Government Grants (Social Need) Act 1969 shall be amended as follows.

(2) In section 1 (provision for grants) in subsection (2) (meaning of "local authority" etc) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted ", the Metropolitan Police Authority,".

The Pensions (Increase) Act 1971

24 (1) The [1971 c. 56.] Pensions (Increase) Act 1971 shall be amended as follows.

(2) In Schedule 6 (employments relevant to section 13(2) of that Act) in paragraph (c) (employment, otherwise than as a constable, under the Receiver etc) for "Receiver for the metropolitan police district" there shall be substituted "Metropolitan Police Authority".

The Local Government Act 1972 Members' interests in contracts etc

25 In section 98 of the [1972 c. 70.] Local Government Act 1972 (members' interests in contracts: interpretation of sections 95 to 97) in subsection (1A) (extended meaning of local authority) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Meetings and proceedings

26 In section 99 of the [1972 c. 70.] Local Government Act 1972 (which applies Schedule 12 of that Act to meetings and proceedings of certain bodies) after "section 3 of the Police Act 1996" there shall be inserted ", the Metropolitan Police Authority".

Discharge of functions

27 In section 107 of the [1972 c. 70.] Local Government Act 1972 (application of sections 101 to 103, 105 and 106 of that Act to police authorities) in subsection (1)(a) the words "other than the Secretary of State" shall cease to have effect.

Miscellaneous powers of local authorities

28 (1) Section 146A of the [1972 c. 70.] Local Government Act 1972 (which applies certain provisions of Part VII of that Act to police authorities etc) shall be amended as follows.

(2) In subsection (1) (the basic rule) after "section 3 of the Police Act 1996" there shall be inserted ", the Metropolitan Police Authority".

(3) In subsection (1A) (exceptions for police authorities) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "nor the Metropolitan Police Authority".

(4) In subsection (1B) (modifications of sections 140A and 140C in their application to police authorities) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".

(5) In subsection (1C) (special constable acting as such is not a voluntary assistant) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".

Appearance in legal proceedings

29 In section 223 of the [1972 c. 70.] Local Government Act 1972 (appearance of local authorities in legal proceedings) in subsection (2) (which extends the meaning of "local authority") after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted ", the Metropolitan Police Authority".

Inspection of documents

30 In section 228 of the [1972 c. 70.] Local Government Act 1972 (inspection of documents) in subsection (7A) (application to minutes and accounts of police authorities) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".

Photographic copies of documents

31 In section 229 of the [1972 c. 70.] Local Government Act 1972 (photographic copies of documents) in subsection (8) (extended meaning of "local authority") after "section 3 of the Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Services of notices on local authorities

32 In section 231 of the [1972 c. 70.] Local Government Act 1972 (services of notices on local authorities) in subsection (4) (extended meaning of "local authority") after "section 3 of the Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Public notices

33 In section 232 of the [1972 c. 70.] Local Government Act 1972 (public notices) in subsection (1A) (extended meaning of "local authority") after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Service of notices by local authorities

34 In section 233 of the [1972 c. 70.] Local Government Act 1972 (service of notices by local authorities) in subsection (11) (extended meaning of "local authority") after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Authentication of documents

35 In section 234 of the [1972 c. 70.] Local Government Act 1972 (authentication of documents) in subsection (4) (extended meaning of "local authority") after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

Meetings and proceedings

36 (1) Schedule 12 to the [1972 c. 70.] Local Government Act 1972 (meetings and proceedings of local authorities) shall be amended as follows.

(2) In paragraph 6A (application of paragraph 1 to police authorities etc) in sub-paragraph (1) after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".

(3) In paragraph 6B (application of rest of Part I to police authorities etc) in paragraph (b), after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

(4) In paragraph 46 (extended meaning of "local authority") after "section 3 of the [1996 c. 16.] Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".

The Employment Agencies Act 1973

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