The Police and Magistrates' Courts Act 1994 (Commencement No. 1 and Transitional Provisions) Order 1994

Commencement on 8th August 1994 for certain purposes only

4.—(1) Subject to the modifications set out in paragraphs (3) to (6) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 8th August 1994 for the purposes of–

(a) the appointment, as soon as practicable thereafter, of members of the new police authorities, and

(b) any provision which applies (by virtue of articles 5 to 7 below) to a new police authority which has come into existence.

(2) The provisions referred to in paragraph (1) above are–

(a) section 1 (police areas);

(b) section 2 (police forces and police authorities), to the extent only that it substitutes a new section 3 of the 1964 Act;

(c) section 3 (membership of police authorities);

(d) section 44 (minor and consequential amendments), so far as it relates to paragraphs 5 and 15 of Schedule 5;

(e) section 93 (repeals) so far as it relates to the entry referred to in sub–paragraph (h) below;

(f) Schedules 1 (Schedule to be inserted in 1964 Act: police areas) and 2 (Schedules to be inserted in 1964 Act: police authorities);

(g) paragraphs 5 and 15 of Part I of Schedule 5 (minor and consequential amendments to the 1964 Act), and

(h) in Part I of Schedule 9 (repeals), the entry in respect of section 25(5) of the 1964 Act.

(3) Nothing in paragraph (1) above shall prejudice the continued operation of the enactments amended by the provisions listed in paragraph (2) above as respects the old police authorities at any time before the expiry of the period of co–existence.

(4) In determining the period of a term of years for the purpose of paragraph 17 (term of appointment of members of a police authority) of Schedule 1B to the 1964 Act(1), any period as a member of a new police authority prior to 1st April 1995 shall be disregarded.

(5) The functions conferred by–

(a) paragraph 26 (reimbursement of expenses and allowances) of Schedule 1B to the 1964 Act, and

(b) paragraph 7 (reimbursement of expenses and allowances) of Schedule 1C to the 1964 Act(2),

shall, during the period before the new police authorities come into existence, be performed by the old police authorities; but a new police authority shall, as soon as practicable after it comes into existence, reimburse the old police authority in respect of the payments made under paragraph 26(1) of Schedule 1B to the 1964 Act and paragraph 7(1) of Schedule 1C to that Act (as modified by this paragraph) and such reasonable expenses as were necessarily incurred by the old police authority under paragraph 7(2) of Schedule 1C (as so modified).

(6) Schedule 1B to the 1964 Act shall have effect as if there was inserted after paragraph 24 the following:

“24A.— (1) The first meeting of a police authority shall be–

(a) held within twenty–one days after appointments to it have been made under paragraph 5 of this Schedule, and

(b) treated as being the annual meeting of the authority in the year in which it is held.

(2) The provisions of article 8 of the Police and Magistrates' Courts Act 1994 (Commencement No. 1 and Transitional Provisions) Order 1994 shall have effect in relation to the first meeting of a police authority.”.

(1)

Schedule 1B was inserted by section 3(2) of, and Schedule 2 to, the 1994 Act.

(2)

Schedule 1C was inserted by section 3(2) of, and Schedule 2 to, the 1994 Act.