Police Act 1997

Section 88.

SCHEDULE 6 U.K. Application to NCS Service Authority of Local Government Enactments

Local Government Act 1972 (c. 70) U.K.

1 In section 94 of the Local Government Act 1972 (disability of members of authorities for voting on account of interest in contracts, etc.), in subsection (5)(b) (receipt of certain allowances not to be treated as a pecuniary interest) after “1996” there shall be inserted “ or paragraph 17 of Schedule 2 to the Police Act 1997 ”.

Commencement Information

I1 Sch. 6 para. 1 wholly in force at 31.10.1997; Sch. 6 para. 1 not in force at Royal Assent, see s. 135; Sch. 6 para. 1 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

2 In section 98—

(a) in subsection (1A) (application to joint authorities of provisions about members’ interests) after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”, and

(b) after subsection (1A) there shall be inserted—

“(1B) In the application of section 97 above to a member of the Service Authority for the National Crime Squad, subsection (1) of that section shall apply as if the words from “or in any other case” to the end were omitted.”

Commencement Information

I2 Sch. 6 para. 2 wholly in force at 31.10.1997; Sch. 6 para. 2 not in force at Royal Assent, see s. 135; Sch. 6 para. 2 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

3 In section 99 (meetings and proceedings of local authorities) after “1996” there shall be inserted “ , the Service Authority for the National Crime Squad ”.

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4 (1) Section 100J (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.

(2) In subsection (1), after paragraph (e) there shall be inserted—

“(ea) the Service Authority for the National Crime Squad;”.

(3) In subsection (3), after “(e)” there shall be inserted “ , (ea) ”.

(4) After subsection (3) there shall be inserted—

“(3A) In its application by virtue of subsection (1) above in relation to the Service Authority for the National Crime Squad, section 100A(6)(a) shall also have effect with the substitution for the word “three” of the word “seven”.”

(5) In subsection (4), in paragraph (a), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

5 (1) Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.

(2) In subsection (7) for “(a) and (b)” there shall be substituted “ (a), (aa) and (b) ”.

(3) After subsection (8) there shall be inserted—

“(8A) References in this section to a police authority, a police force, a chief officer of police or his deputy include references to the Service Authority for the National Crime Squad, the National Crime Squad, the Director General of that Squad and his deputy respectively.”

6 (1) Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.

(2) In subsection (1)—

(a) for “subsection (1A)” there shall be substituted “ subsections (1A) and (1AA) ”, and

(b) for “shall be” there shall be substituted “ and the Service Authority for the National Crime Squad shall each be ”.

(3) In subsection (1A)—

(a) for “A” there shall be substituted “ Neither a ”,

(b) after “1996” there shall be inserted “ nor the Service Authority for the National Crime Squad ”, and

(c) the word “not” shall be omitted.

(4) After subsection (1A) there shall be inserted —

“(1AA) The Service Authority for the National Crime Squad shall not be treated as a local authority for the purposes of section 146 above.”

Commencement Information

I3 Sch. 6 para. 6 wholly in force at 31.10.1997; Sch. 6 para. 6 not in force at Royal Assent, see s. 135; Sch. 6 para. 6 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

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7 U.K. In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.

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8 In section 228 (inspection of documents), in subsection (7A), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

9 The words “and the Service Authority for the National Crime Squad” shall be inserted after “ 1996 ”

(a) in section 229 (photographic copies of documents), in subsection (8);

(b) in section 231 (service of notices on local authorities, etc.), in subsection (4);

(c) in section 232 (public notices), in subsection (1A);

(d) in section 233 (service of notices by local authorities), in subsection (11); and

(e) in section 234 (authentication of documents), in subsection (4).

Commencement Information

I4 Sch. 6 para. 9 wholly in force at 1.4.1998; Sch. 6 para. 9 not in force at Royal Assent, see s. 135; Sch. 6 para. 9(e) in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); Sch. 6 para. 9 otherwise in force at 1.4.1998 by S.I. 1998/354, art. 2(1)(2)(az)

10 (1) Schedule 12 (meetings and proceedings of local authorities) shall be amended as follows.

(2) In paragraph 6A, in sub-paragraph (1), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

(3) In paragraph 6B—

(a) in sub-paragraph (b), after “1996” there shall be inserted “ , or of the Service Authority for the National Crime Squad, ”, and

(b) at the end of sub-paragraph (b) there shall be added “, and

(c) in the case of the Service Authority for the National Crime Squad, paragraph 4(2) shall apply as if the reference to three clear days were a reference to seven clear days.”

(4) In paragraph 46, after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.

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Local Government Act 1974 (c. 7) U.K.

11 In section 25 of the Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) after paragraph (ca) there shall be inserted—

“(caa) the Service Authority for the National Crime Squad;”.

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Local Government (Miscellaneous Provisions) Act 1976 (c. 57) U.K.

12 In section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), in subsection (3), after “the authority” there shall be inserted “ , and a member of the National Crime Squad within section 55(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Service Authority for the National Crime Squad, ”.

13 In section 44 (interpretation), in subsection (1), in paragraph (a) of the definition of “local authority”, after “1996” there shall be inserted “ , the Service Authority for the National Crime Squad ”.

Prospective

Local Government, Planning and Land Act 1980 (c. 65) U.K.

14 In section 20 of the Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations), in subsection (1)—

(a) in paragraph (a) of the definition of “local authority”, in sub-paragraph (i), after “1996” there shall be inserted “ , the Service Authority for the National Crime Squad ”, and

(b) in paragraph (aa) of the definition, after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

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15 In section 99 (directions to dispose of land), in subsection (4), after paragraph (dc) there shall be inserted—

“(dd) the Service Authority for the National Crime Squad;”.

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16 In Schedule 16 (bodies to whom provisions of Part X relating to registration of land apply), after paragraph 5C there shall be inserted—

“5D The Service Authority for the National Crime Squad.”

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Local Government (Miscellaneous Provisions) Act 1982 (c. 30) U.K.

17 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 “1996” there shall be inserted “ , the Service Authority for the National Crime Squad ”.

18 In section 41 (lost and uncollected property), in subsection (13), in the definition of “local authority”, for “and” at the end of paragraph (ca) there shall be substituted—

“(cb) the Service Authority for the National Crime Squad; and”.

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Local Government Finance Act 1982 (c. 32) U.K.

19 In section 12 of the Local Government Finance Act 1982 (accounts subject to audit), in subsection (2), after paragraph (g) there shall be inserted—

“(ga) the Service Authority for the National Crime Squad;”.

20 In section 19 (declaration that item of account is unlawful), at the end of subsection (7) there shall be added “ and the Service Authority for the National Crime Squad ”.

21 In section 20 (recovery of amount not accounted for etc.), at the end of subsection (10) there shall be added “and the Service Authority for the National Crime Squad”.

22 For section 28B (delivery of documents relating to police authorities to Secretary of State), as inserted by paragraph 28 of Schedule 4 to the M1 Police and Magistrates’ Courts Act 1994, there shall be substituted—

“28F Delivery of documents relating to police authorities etc. to Secretary of State.

“28F (1) The Commission shall send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which relates—

(a) to a police authority established under section 3 of the M2 Police Act 1996, or

(b) to the Service Authority for the National Crime Squad.

(2) If it appears to the Commission appropriate to do so, it may send to the Secretary of State a copy of any document—

(a) which relates to one or more police authorities established under section 3 of the Police Act 1996 or to the Service Authority for the National Crime Squad, and

(b) which has been sent (or a copy of which has been sent) by the Commission to a police authority established under that section or to that Authority.”

Marginal Citations

M1 1994 c. 29.

M2 1996 c. 16.

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Local Government Act 1986 (c. 10) U.K.

23 In section 6 of the Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a), after “1996,” there shall be inserted—

“the Service Authority for the National Crime Squad,”.

24 In section 9 (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a), after “1996,” there shall be inserted—

“the Service Authority for the National Crime Squad,”.

Prospective

Local Government Act 1988 (c. 9) U.K.

25 U.K. F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

26 U.K. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

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Local Government Finance Act 1988 (c. 41) U.K.

27 In section 112 of the Local Government Finance Act 1988 (financial administration as to certain police and fire authorities), in subsection (2), for “and” at the end of paragraph (c) there shall be substituted—

“(ab) the Service Authority for the National Crime Squad, and”.

28 In section 114 (functions of the chief finance officer as regards reports), at the end there shall be added—

“(9) The National Crime Squad shall be treated as a police force for the purposes of subsection (2) above.”

Local Government and Housing Act 1989 (c. 42) U.K.

29 U.K. In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

Commencement Information

I5 Sch. 6 para. 29 wholly in force at 31.10.1997; Sch. 6 para. 29 not in force at Royal Assent, see s. 135; Sch. 6 para. 29 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

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30 In section 67 (application of provisions relating to companies in which local authorities have interests), in subsection (3) (definition of local authority), in paragraph (i), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

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31 In section 155 (emergency assistance to local authorities), after subsection (4)(ea) there shall be inserted—

“(eb) the Service Authority for the National Crime Squad;”.

32 In section 157 (commutation of, and interest on, periodic payments of grants etc.), in subsection (6), after paragraph (g) there shall be inserted—

“(ga) the Service Authority for the National Crime Squad;”.

Commencement Information

I6 Sch. 6 para. 32 wholly in force at 31.10.1997; Sch. 6 para. 32 not in force at Royal Assent see s. 135; Sch. 6 para. 32 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))