The Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment No. 2) Order 1995

This statutory instrument has been made in consequence of defects in S.I. 1994/3262 and S.I. 1995/246 and is being issued free of charge to all known recipients of those statutory instruments.

Statutory Instruments

1995 No. 899 (C. 23)

POLICE

The Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment No. 2) Order 1995

Made

27th March 1995

Laid before Parliament

30th March 1995

Coming into force

31st March 1995

The Secretary of State in exercise of the powers conferred on him by section 94(1), (5) and (6) of the Police and Magistrates' Courts Act 1994(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment No. 2) Order 1995.

(2) This Order shall come into force on 31st March 1995.

2.  In article 11(4) of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994(2)—

(a) for the words “the amounts of all the supplementary credit approvals used by the council and” there shall be substituted “all increases in the council’s credit ceiling in that year by virtue of the use by the council of supplementary credit approvals”; and

(b) for sub-paragraph (b) there shall be substituted

“(b) for a period beginning in a financial year ending on 31st March in the years 1991 to 1995,”.

David Maclean

Minister of State

Home Office

27th March 1995

Explanatory Note

(This note is not part of the Order)

The Order makes further amendments to article 11(4) of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 (which has been amended by the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment) Order 1995).

The first amendment made by this Order refers to the increase in the council’s credit ceiling by virtue of the use of supplementary credit approvals in place of the existing reference to the amounts of all supplementary credit approvals used by the council. The latter would include approvals in respect of (for example) some leases relating to land and buildings which are disregarded in calculating a council’s credit ceiling.

The second amendment allows regard to be had to all credit approvals issued in respect of the financial year ending on 31st March 1995 (as well as those years in 1991 to 1994). In respect of that financial year article 11(4) as originally drafted had a cut-off date of 31st December 1994.

(1)

1994 c. 29.

(2)

S.I. 1994/3262 (C.83), as amended by the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment) Order 1995 (S.I. 1995/246).