Local Government etc. (Scotland) Act 1994

The Police (Scotland) Act 1967 (c.77) S

71 (1) The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph. S

(2) In section 1(1) (police areas), for the words “for every region and for every islands area” substitute “ for every local government area ”.

(3) In section 2(1) (police authorities and their functions), for the words from the beginning to “police authority” substitute “ For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority ”.

(4) In section 18 (execution of warrants in borders)—

(a) for the words “regions”, in each place where it occurs, substitute “ areas ”;

(b) for the word “region”, in each place where it occurs, substitute “ area ”; and

(c) for “Borders” in both places where it occurs, substitute “ Lothian and Borders ”.

(5) In section 19 (amalgamation schemes)—

(a) in subsections (2), (3), (4) (6), (7) and (9), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

(b) in subsection (3), for “committee”, where it secondly and thirdly occurs, substitute “ board ”;

(c) subsection (5) shall cease to have effect; and

(d) after subsection (9) insert—

“(10) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

(6) After section 19 insert—

“19A Incorporation of joint police boards.

Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.”.

(7) In section 21 (amendment of amalgamation schemes)—

(a) in subsection (1), for the words from the beginning to “section 20 of this Act” substitute—

“(1) An amalgamation scheme may be amended or revoked—

(a) in the case of a scheme made under section 19 of this Act, by a subsequent scheme made under that section or under section 20 of this Act; and

(b) in the case of a scheme made under section 20 or 21B of this Act, by a subsequent scheme made under section 20 of this Act,”;

(b) in subsection (2)(a), at the end insert “ or for the creation of any new combination of police areas; ”;

(c) in subsection (2)(c) and (e), for the words “joint police committee”, in both places where they occur, substitute “ joint police board ”; and

(d) in subsection (2)(c), for the words “such committee” substitute “ such police board ”.

(8) In section 22(1) and (2), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”.

(9) In section 23(6), for the words “joint police committee” substitute “ joint police board ”.

(10) In section 26A(2) (power to give directions to police authority after adverse report), for the words “joint police committee” substitute “ joint police board ”.

(11) In section 26B (police efficiency: allocation of funds), for the words “joint police committee” substitute “ joint police board ”.

(12) In section 26C (duty of compliance), for the words “joint police committee” substitute “ joint police board ”.

(13) In section 32 (police grant)—

(a) in subsection (1), for the words “joint police committees” substitute “ joint police boards ”; and

(b) in subsection (2), for the words—

(i) “joint police committee” substitute “ joint police board ”; and

(ii) “committee” substitute “ board ”.

(14) In section 32A(1) (grants for expenditure on safeguarding national security), for the words “joint police committee” substitute “ joint police board ”.

(15) In section 36(5) (common services), for the words “joint police committee” and “committee” substitute “ joint police board ” and “ board ” respectively.

(16) In section 51(1) (interpretation)—

(a) in the definition of “amalgamation scheme”, for the words “21A” substitute “ 21B ”; and

(b) for the definition of “constituent authority” substitute—

““constituent authority” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme;”.

(17) In paragraph 4 of Schedule 2, for the words “joint police committee” substitute “ joint police board ”.

Commencement Information

I1 Sch. 13 para. 71 wholly in force at 1.4.1996; Sch. 13. para. 71 not in force at Royal Assent see s. 184(2); Sch. 13. para. 71(1)(6) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(v); Sch. 13 para. 71 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)