Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

-- Back --

Page 40

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 | P.40 | P.41 | P.42 | P.43

(4) In subsection (4), for "Every chief constable" there shall be substituted "The chief officer of police of every police force".

(5) Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.

Grants by the Secretary of State

92 (1) Section 46 of the [1996 c. 16.] Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.

(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority".

(3) In subsection (1), in the words following paragraph (b), for "Receiver" there shall be substituted "Greater London Authority".

(4) After subsection (7) there shall be inserted--

" (7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority. "

(5) After subsection (8) (repayment where police authority's grant is less than that paid to it for the year) there shall be inserted--

" (9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction. "

Grants for capital expenditure

93 (1) Section 47 of the [1996 c. 16.] Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.

(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".

(3) After subsection (3) there shall be inserted--

" (4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority. "

Grants for expenditure concerning safeguarding national security

94 (1) Section 48 of the [1996 c. 16.] Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.

(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".

(3) After subsection (3) there shall be inserted--

" (4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority. "

Disciplinary proceedings relating to senior officers

95 In section 50(3)(b) of the [1996 c. 16.] Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words "by the police authority which maintains the force or by a committee of that authority."

Copies of reports

96 In section 55 of the [1996 c. 16.] Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words "(except where he is himself the police authority)" shall cease to have effect.

The appropriate authority for complaints etc about metropolitan police

97 (1) Section 65 of the [1996 c. 16.] Police Act 1996 (interpretation of Chapter I of Part IV, which relates to complaints and disciplinary proceedings) shall be amended as follows.

(2) In the definition of "the appropriate authority"--

(a) paragraph (a) (which defines the appropriate authority in relation to the metropolitan police force as the Commissioner of Police of the Metropolis), and

(b) the word "other" in paragraph (b),

shall cease to have effect.

(3) In the definition of "investigating officer" after "means" there shall be inserted "a person (whether a member of a police force or not) appointed under section 68(2B) or".

Investigation of complaints

98 (1) Section 68 of the [1996 c. 16.] Police Act 1996 (investigation of complaints against senior officers) shall be amended as follows.

(2) After subsection (2) (conduct not justifying criminal or disciplinary proceedings may be dealt with at authority's discretion) there shall be inserted--

" (2A) In any other case, subsection (2B) or (3) shall apply.

(2B) If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis--

(a) the appropriate authority shall notify the Secretary of State; and

(b) the Secretary of State shall appoint a person to investigate the complaint. "

(3) In subsection (4) (request by appropriate authority to chief officer to provide investigating officer) for "the appropriate authority" there shall be substituted the following paragraphs--

" (a) in a case where subsection (2B) applies, the Secretary of State, or

(b) in a case where subsection (3) applies, the appropriate authority, " ,

and after "for appointment under subsection" there shall be inserted "(2B) or".

Supervision of investigations by Police Complaints Authority

99 (1) Section 72 of the [1996 c. 16.] Police Act 1996 (supervision of investigations by Police Complaints Authority) shall be amended as follows.

(2) In subsection (3) (powers with respect to appointments under section 68(3) etc) in paragraph (a), for "section 68(3)" there shall be substituted "section 68(2B) or (3)".

(3) After subsection (3) there shall be inserted--

" (3A) In the application of subsection (3) in relation to appointment under section 68(2B)--

(a) any reference to the appropriate authority shall be taken as a reference to the Secretary of State; and

(b) the reference in paragraph (b)(i) to another member of a police force shall be taken as a reference to another person. "

Grants by local authorities

100 In section 92 of the [1996 c. 16.] Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority"

Acceptance of gifts and loans

101 In section 93 of the [1996 c. 16.] Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.

Metropolitan police fund etc

102 (1) Section 95 of the [1996 c. 16.] Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.

(2) The following words shall cease to have effect--

(a) "the metropolitan police fund and";

(b) "respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)";

(d) in paragraph (b), "the metropolitan police force or".

(3) The sidenote to the section accordingly becomes "The City of London police fund."

Obtaining community views on policing

103 (1) Section 96 of the [1996 c. 16.] Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.

(2) In subsection (2)--

(a) for "subsections (3) to (6)" there shall be substituted "subsection (6)"; and

(b) after "chief constable" there shall be inserted "or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,".

(3) Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.

National and international functions of metropolitan police

104 After section 96 of the [1996 c. 16.] Police Act 1996 there shall be inserted--

" 96A National and international functions of the metropolitan police

(1) The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

(2) If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions--

(a) to the standard specified in any agreement in force under subsection (1), or

(b) if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.

(3) The Metropolitan Police Authority shall comply with any directions given under subsection (2).

(4) For the purposes of this section "national or international functions" means functions relating to--

(a) the protection of prominent persons or their residences,

(b) national security,

(d) the provision of services for any other national or international purpose.

96B National and international functions: application of requirements relating to reports etc

(1) In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.

(2) In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

(3) In its application to the Metropolitan Police Authority, section 8 shall have effect as if--

(a) the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and

(b) the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.

(4) In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

(5) In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.

(6) Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.

(7) Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section. "

Schedule 2

105 (1) Schedule 2 to the [1996 c. 16.] Police Act 1996 (provision relating to police authorities established under section 3) shall be amended as follows.

(2) Paragraph 4(2) (which refers to persons disqualified under paragraph 12) shall cease to have effect.

(3) Paragraph 12 (which disqualifies a member of a relevant council for being appointed as a member of a police authority if he was elected for an electoral division or ward wholly within the metropolitan police district) shall cease to have effect.

(4) In paragraph 26 (meaning of "relevant council")--

(a) in sub-paragraph (1)(a), for "county borough or London borough" there shall be substituted "or county borough"; and

(b) sub-paragraph (2) (areas partly within the metropolitan police district) shall cease to have effect.

Schedule 3

106 (1) Schedule 3 to the [1996 c. 16.] Police Act 1996 (which makes provision about the selection of independent members of police authorities) shall be amended as follows.

(2) In paragraph 1(1) (selection panel for each police area) after "There shall be a selection panel" there shall be inserted "(a)"and at the end there shall be added " ; and

(b) for the police area constituted by the metropolitan police district. "

(3) In paragraph 1(4) (which defines a "designated member" as one appointed under paragraph 2 or 8 of Schedule 2) there shall be added at the end "or paragraph 2 or 5 of Schedule 2A".

(4) In paragraph 2 (disqualification from panel if disqualified by virtue of certain provisions of Schedule 2 from being a member under paragraph 5 of that Schedule)--

(a) after "Schedule 2" there shall be inserted "or paragraph 7, 8 or 9(1)(b) or (f) to (h) of Schedule 2A"; and

(b) in paragraph (a), for "paragraph 5 of that Schedule" there shall be substituted "paragraph 5 of Schedule 2 or paragraph 3(2) or (3) of Schedule 2A".

(5) In paragraph 3(1) (term of appointment of member of panel), after "panel" there shall be inserted "for a police area listed in Schedule 1".

(6) After paragraph 3(1) there shall be inserted--

" (1A) A person shall be appointed to hold office as a member of a selection panel for the police area constituted by the metropolitan police district for a term of two years. "

(7) In paragraph 8 (panel to nominate persons for appointment under paragraph 5 of Schedule 2)--

(a) in sub-paragraph (1), after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A"; and

(b) in sub-paragraph (2), after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A (as the case may be)".

(8) In paragraph 9 (person not to be nominated in relation to an authority if disqualified by virtue of certain provisions of Schedule 2 for membership under paragraph 5 of that Schedule) after "in relation to an authority" there shall be inserted "(a)" and at the end there shall be added " ; or

(b) if, by virtue of paragraph 7, 8 or 9 of Schedule 2A, he is disqualified for being appointed as a member of the authority under paragraph 3(3) of that Schedule " .

(9) In paragraph 13(1) (which refers to the number of vacancies to be filled under paragraph 5 of Schedule 2) after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A (as the case may be)".

Schedule 6

107 (1) Schedule 6 to the [1996 c. 16.] Police Act 1996 (appeals to police appeals tribunals) shall be amended as follows.

(2) In paragraph 2 (membership of panel for officers who are not senior officers) in paragraph (1)(b) the words from "or" onwards (which relate to the case where the Secretary of State is the police authority) shall cease to have effect.

The Justices of the Peace Act 1997

108 (1) The Justices of the [1997 c. 25.] Peace Act 1997 shall be amended as follows.

(2) In section 66 (disqualification in certain cases of justices who are members of local authorities) in subsection (7) (which defines "local authority") after paragraph (b) there shall be inserted--

" (bza) the Metropolitan Police Authority; " .

The Police (Insurance of Voluntary Assistants) Act 1997

109 (1) The [1997 c. 45.] Police (Insurance of Voluntary Assistants) Act 1997 shall be amended as follows.

(2) Section 2 (which makes, in relation to the metropolitan police force and the Receiver, provision corresponding to that made by section 1 in relation to other police authorities and which, in consequence of this Act, is no longer necessary) shall cease to have effect.

The Police Act 1997

110 (1) Section 17 of the [1997 c. 50.] Police Act 1997 (power of NCIS service authority to issue levies) shall be amended as follows.

(2) In subsection (1) (which specifies the bodies to which levies may be issued) in paragraph (b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".

(3) In subsection (4) (provision that may be made in orders) in paragraph (b) (anticipation of levies in making certain calculations)--

(a) for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority"; and

(b) after "section 43 of the [1992 c. 14.] Local Government Finance Act 1992" there shall be inserted "or sections 85 and 86 of the Greater London Authority Act 1999".

111 (1) Section 62 of the [1997 c. 50.] Police Act 1997 (power of NCS service authority to issue levies) shall be amended as follows.

(3) In subsection (4) (provision that may be made in orders) in paragraph (b) (anticipation of levies in making certain calculations)--

(a) for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority"; and

(b) after "section 43 of the [1992 c. 14.] Local Government Finance Act 1992" there shall be inserted "or sections 85 and 86 of the Greater London Authority Act 1999".

112 In section 119 of the [1997 c. 50.] Police Act 1997 (sources of information) in subsection (3) (payment to appropriate police authority) the words "or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District," shall cease to have effect.

113 (1) Schedule 1 to the Police Act 1997 (appointment of members of the NCS and NCIS Service Authorities) shall be amended as follows.

(2) In paragraph 4 (appointment of core members by local authority members of police authorities)--

(a) at the beginning there shall be inserted "(1)", and

(b) for "Three" there shall be substituted "Four".

(3) After the sub-paragraph formed by sub-paragraph (2)(a) above there shall be inserted--

" (2) Those local authority members shall exercise their powers under sub-paragraph (1) so as to ensure that one of the members appointed by them is a local authority member of the Metropolitan Police Authority. "

(4) The following provisions--

(a) paragraph 5 (appointment by Secretary of State in his capacity as police authority for metropolitan police district),

(b) paragraph 8(4) (Secretary of State prohibited from appointing additional member of NCIS Service Authority to represent him in that capacity), and

shall cease to have effect.

(5) In paragraph 14(a) (meaning of "local authority members of police authorities") for "to the Police Act 1996 (local authority members)" there shall be substituted "or paragraph 2 of Schedule 2A to the Police Act 1996 (local authority members and London Assembly members of the Metropolitan Police Authority)".

(6) In paragraph 16 (which makes provision for the application of Schedule in the case of the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London) for the words from "the Commissioner and" onwards there shall be substituted "the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force."

114 (1) Schedule 3 to the [1997 c. 50.] Police Act 1997 (levies issued by the NCIS Service Authority) shall be amended as follows.

(2) In paragraph 1(6) (meaning of "police authority members") paragraph (b) and the word "or" preceding it shall cease to have effect.

(3) In each of the following provisions (persons to whom documents are to be sent)--

(a) paragraph 2(4)(b),

(b) paragraph 3(6)(b), and

for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".

115 (1) Schedule 5 to the [1997 c. 50.] Police Act 1997 (levies issued by the NCS Service Authority) shall be amended as follows.

(2) In paragraph 1(6) (meaning of "police authority members") paragraph (b) and the word "or" preceding it shall cease to have effect.

(3) In each of the following provisions (persons to whom documents are to be sent)--

(a) paragraph 2(4)(b),

(b) paragraph 3(6)(b), and

for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".

The Local Government (Contracts) Act 1997

116 In section 1(3) of the [1997 c. 65.] Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act) at the end of paragraph (b) there shall be inserted "and" and paragraph (c) (the Receiver) shall cease to have effect.

Section 328.

SCHEDULE 28 The London Fire and Emergency Planning Authority

Membership

1 (1) The Fire etc Authority shall consist of seventeen members, of whom--

(a) nine ("the Assembly representatives") shall be Assembly members appointed by the Mayor; and

(b) the remainder ("the borough representatives") shall be members of London borough councils appointed by the Mayor on the nomination of the London borough councils acting jointly.

(2) The Mayor shall exercise his power to appoint members under sub-paragraph (1)(a) above so as to ensure that, so far as practicable, the members for whose appointment he is responsible reflect the balance of parties for the time being prevailing among the members of the Assembly.

(3) The London borough councils shall exercise their power to nominate members under sub-paragraph (1)(b) above so as to ensure that, so far as practicable, the members for whose nomination they are responsible reflect the balance of parties for the time being prevailing among the members of those councils taken as a whole.

(4) It shall be the duty of the London borough councils to nominate the first members under sub-paragraph (1)(b) above in sufficient time before the reconstitution day so that the appointment of those members takes effect on that day.

(5) The Secretary of State may by order vary any of the numbers for the time being specified in sub-paragraph (1) above, but the number of the Assembly representatives must exceed by one the number of the borough representatives.

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult--

(a) the Mayor;

(b) the Assembly;

(d) every London borough council.

Tenure of office

2 (1) A member of the Fire etc Authority shall hold office for the period of one year or such shorter period as the Mayor may decide.

(2) The Mayor may renew the appointment of a member, except that he may not renew the appointment of a borough representative if, not less than one month before the end of the borough representative's term of office, the London borough councils have notified the Mayor of their nomination in accordance with paragraph 1 above of another person to succeed that borough representative.

(3) The Mayor may at any time, by giving notice to a member of the Fire etc Authority, terminate the member's appointment, if he is satisfied that the member is unable or unfit for any reason to discharge his functions as a member.

(4) A member may at any time resign his office by notice delivered to the proper officer of the Fire etc Authority, and the resignation shall take effect upon receipt of the notice by that officer.

(5) A person who ceases to be a member of the Fire etc Authority shall be eligible for re-appointment.

Chairman and vice-chairman

3 (1) The Mayor shall in each year appoint a chairman from among the members of the Fire etc Authority.

(2) On a casual vacancy occurring in that office, the Mayor shall as soon as reasonably practicable appoint one of the members of the Fire etc Authority to fill the vacancy.

(3) The Fire etc Authority shall in each year appoint a vice-chairman from among its members.

(4) The appointment under sub-paragraph (3) above shall be the first business transacted at the annual meeting of the Fire etc Authority.

(5) The Fire etc Authority may pay to the chairman and vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the Fire etc Authority thinks reasonable.

(6) If the chairman or vice-chairman ceases to be a member of the Fire etc Authority he shall also cease to be chairman or vice-chairman.

Allowances not to be paid to members who are also Assembly members

4 (1) The allowances specified in sub-paragraph (2) below shall not be paid to members of the Fire etc Authority who are also members of the Assembly.

(2) The allowances are--

(a) allowances under section 175 of the [1972 c. 70.] Local Government Act 1972 (allowances for attending conferences and meetings) other than an allowance for travelling and subsistence; and

(b) allowances under section 18 of the [1989 c. 42.] Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances).

Disqualification

5 (1) A person shall be disqualified from being appointed or being a member of the Fire etc Authority if he holds any paid office or employment (other than the office of vice-chairman of the Fire etc Authority) appointments to which may be made or confirmed--

(a) by the Fire etc Authority or any committee or sub-committee of the Fire etc Authority; or

(b) by a joint committee on which the Fire etc Authority is represented; or

(2) An employee of the Fire etc Authority who is employed under the direction of a joint committee--

(a) on which the Fire etc Authority is represented, and

(b) any member of which is appointed on the nomination of a joint authority or a local authority,

shall be disqualified from being appointed or being a member of that other joint authority or from being elected or being a member of that local authority, as the case may be.

(3) In sub-paragraph (2) above, "local authority" includes the Authority and, in relation to the Authority, "member" means Mayor or Assembly member.

Failure to attend meetings

6 Section 6 of this Act shall apply in relation to the Fire etc Authority as it applies in relation to the Assembly.

Loss of a member's qualifying office

7 (1) Where--

(a) an Assembly representative ceases to be an Assembly member, or

(b) a borough representative ceases to be a member of a London borough council,

his appointment as a member of the Fire etc Authority shall also cease.

(2) Where a person ceases to be a member of the Fire etc Authority by virtue of sub-paragraph (1) above, the Assembly or, as the case may be, the London borough council concerned shall as soon as practicable give notice of that fact to the Fire etc Authority.

(3) For the purposes of the preceding provisions of this paragraph, a person shall not be regarded--

(a) as ceasing to be an Assembly member where the cessation occurs by virtue only of the expiration of his term of office as an Assembly member, or

(b) as ceasing to be a member of a London borough council where he retires by virtue of paragraph 6(3) of Schedule 2 to the [1972 c. 70.] Local Government Act 1972 (retirement of London borough councillors),

if he is re-elected as such a member not later than the day of the cessation or retirement.

-- Back --

Stat