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Police and Magistrates' Courts Act 1994 (c. 29)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 " a police authority established under section 3 of the [1964 c. 48] 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 [1966 c. 42.] Police Act 1964, " . Local Government Act 198831 In section 1 of the [1988 c. 9.] 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 [1967 c. 77.] 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 [1967 c. 77.] Police Act 1964. " Local Government Finance Act 198833 In section 112 of the [1988 c. 41.] 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 [1964 c. 48.] 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 198935 In section 5 of the [1989 c. 42.] 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 [1964 c. 48.] 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 [1964 c. 48.] Police Act 1964; " . 40 In section 101 of that Act (housing grants for improvements and repairs), in subsection (3) (bodies ineligible to apply for grants) after paragraph (e) there shall be inserted-- " (ea) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964; " . 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 [1964 c. 48.] 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 [1964 c. 48.] 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 199245 In section 19 of the [1992 c. 14.] 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 [1964 c. 48.] Police Act 1964; and " . Part II Amendments of other enactmentsTrustee Investments Act 196146 In section 11 of the [1961 c. 62.] 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 [1964 c. 48.] 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 [1964 c. 48.] Police Act 1964;". Leasehold Reform Act 196748 In section 28 of the [1967 c. 88.] 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 [1964 c. 48.] Police Act 1964; and". Post Office Act 196949 In section 7 of the [1969 c. 48.] Post Office Act 1969 (powers of the Post Office) after subsection (1) there shall be inserted-- " (1AA) In subsection (1)(e) above, "local authority" includes a police authority established under section 3 of the [1964 c. 48.] Police Act 1964. " Employment Agencies Act 197350 In section 13 of the [1973 c. 35.] 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 [1964 c. 48.] Police Act 1964". Race Relations Act 197651 In section 71 of the [1976 c. 74.] Race Relations Act 1976 (local authorities: general statutory duty) after the word "includes" there shall be inserted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964 and". Rent (Agriculture) Act 197652 In section 5 of the [1976 c. 80.] 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 [1964 c. 48.] Police Act 1964; " . Rent Act 197753 In section 14 of the [1977 c. 42.] 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 [1964 c. 48.] Police Act 1964; " . Justices of the Peace Act 197954 In section 64 of the Justices of the [1979 c. 55.] Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority) for the word "and" (in the first place where it occurs) there shall be substituted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964,". Acquisition of Land Act 198155 In section 17 of the [1981 c. 67.] 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"--XXXX (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 [1964 c. 48.] 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 [1964 c. 48.] Police Act 1964." Stock Transfer Act 198256 In Schedule 1 to the [1982 c. 41.] 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 198457 In section 60 of the [1984 c. 28.] 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 [1964 c. 48.] Police Act 1964". Housing Act 198558 In section 4 of the [1985 c. 68.] 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 [1986 c. 10.] 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 [1964 c. 48.] Police Act 1964 and". Housing Associations Act 198559 In section 106 of the [1985 c. 69.] 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 [1964 c. 48.] Police Act 1964". Landlord and Tenant Act 198560 In section 38 of the [1985 c. 70.] 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 [1964 c. 48.] Police Act 1964 and". Landlord And Tenant Act 198761 In section 58 of the [1987 c. 31.] 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 [1964 c. 48.] Police Act 1964". Housing Act 198862 In Schedule 1 to the [1988 c. 50.] 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 [1964 c. 48.] Police Act 1964. " Town and Country Planning Act 199063 In section 252 of the [1990 c. 8.] 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 [1964 c. 48.] Police Act 1964,". sECTION 44. SCHEDULE 5 Police: minor and consequential amendmentsPart I Amendments of Police Act 19641 (1) Section 12 of the [1964 c. 48.] 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 [1967 c. 77.] 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 [1958 c. 55.] Local Government Act 1958" there shall be substituted the words ", section 58 of the [1972 c. 70.] Local Government Act 1972 or section 17 of the [1992 c. 19.] 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-- " 62 Meaning of "chief officer of police" etc.Except where the context otherwise requires, in this Act--
Part II Amendments of other enactmentsOffices, Shops and Railway Premises Act 196316 In section 90 of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (1), in the definition of "police authority" for the words " the [1921 c. 31.] Police Pensions Act 1921" there shall be substituted the words " the [1976 c. 35.] Police Pensions Act 1976". Pensions (Increase) Act 197117 In Schedule 2 to the [1971 c. 56.] 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 [1967 c. 77.] Police (Scotland) Act 1967 had effect; or (ba) was engaged on temporary service in accordance with section 15A(2) of the [1964 c. 48.] Police Act 1964 or section 12A(2) of the [1967 c. 77.] Police (Scotland) Act 1967; or " . Overseas Pensions Act 197318 In section 2 of the [1973 c. 21.] 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 [1964 c. 48.] Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the [1964 c. 48.] 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 [1967 c. 77.] Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the [1964 c. 48.] 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 197619 In section 7 of the [1976 c. 35.] 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 [1964 c. 48.] Police Act 1964 or, as the case may be, section 38A of the [1967 c. 28.] 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 198021 (1) Section 1 of the [1980 c. 10.] Police Negotiating Board Act 1980 shall be amended as follows. (2) In subsection (1) (which provides for a Board of persons representing the interests of authorities maintaining police forces and of members of police forces) at the end of paragraph (b) there shall be inserted-- " (c) the Commissioner of Police of the Metropolis, and (d) the Secretary of State, " . (3) In subsection (3) (consultation) for the words "referred to in" there shall be substituted the words "of the persons referred to in paragraphs (a), (b) and (c) of". Finance Act 198122 In section 107 of the [1981 c. 35.] Finance Act 1981 (sale of houses at discount by local authorities etc.), in subsection (3)(k) for the words "section 62(b)" there shall be substituted the words "section 62". Aviation Security Act 198223 In section 31 of the [1982 c. 36.] 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 198424 In section 84 of the [1984 c. 60.] 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) at the end there shall be added-- " "disciplinary proceedings" means proceedings identified as such by regulations under section 33 of the [1964 c. 48.] Police Act 1964. " 25 In section 85 of that Act (investigation of complaints: standard procedure)-- (a) subsection (8) shall be omitted, and (b) in subsection (10) for the words "a criminal or disciplinary charge" there shall be substituted the words "criminal or disciplinary proceedings". 26 In section 86 of that Act (investigation of complaints against senior officers), in subsection (2) for the words "a criminal or disciplinary charge" there shall be substituted the words "criminal or disciplinary proceedings". 27 In section 89 of that Act (supervision of investigations by Complaints Authority), in subsection (12) for the word "charge" there shall be substituted the word "proceedings". 28 Section 91 of that Act (steps to be taken where accused has admitted charges) shall cease to have effect. 29 In section 95 of that Act (manner of dealing with complaints etc.)-- (a) for the words "adequate and efficient" there shall be substituted the words "efficient and effective", and (b) after the word "efficiency" there shall be inserted the words "and effectiveness". 30 In section 96 of that Act (constabularies maintained by authorities other than police authorities), in subsection (1) after the word "corresponding" there shall be inserted the words "or similar". 31 In section 99 of that Act (regulations), in subsection (2) after paragraph (e) there shall be inserted-- " (ea) for enabling the Authority to relinquish the supervision of the investigation of any complaint or other matter; " . 32 In section 100 of that Act, in subsection (6) (regulations to which affirmative parliamentary procedure applies)-- (a) after paragraph (a) there shall be inserted-- " (aa) of section 90(5) or (7) above; " , and (b) in paragraph (b) for the words "section 99(2)(b) or (e)" there shall be substituted the words "section 99(2)(b), (e) or (ea)". 33 For section 102 of that Act (representation at disciplinary proceedings) there shall be substituted-- " 102 Representation at disciplinary and other proceedings.(1) A police officer of the rank of superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with section 33(3)(a) of the [1964 c. 48.] Police Act 1964 unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings. (2) Where an officer makes an election to which subsection (1) above refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor. (3) Except in a case where an officer of the rank of superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another member of a police force. (4) Regulations under section 33 of the [1964 c. 48.] Police Act 1964 shall specify-- (a) a procedure for notifying an officer of the effect of subsections (1) to (3) above, (b) when he is to be notified of the effect of those subsections, and (c) when he is to give notice whether he wishes to be legally represented at the hearing. (5) If an officer-- (a) fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented; or (b) gives notice in accordance with the regulations that he does not wish to be legally represented, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 -- Back --
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