Police Act 1964

Section 21.

SCHEDULE 3 E+W Procedure in respect of amalgamation schemes made by Secretary of State

Modifications etc. (not altering text)

C1 Sch. 3 excluded by Local Government Act 1972 (c. 70), s. 196(9)

1 Where the Secretary of State proposes to make an amalgamation scheme under subsection (2) of section 21 of this Act, he shall give to the police authorities for the police areas proposed to be amalgamated a notice describing the general nature of the proposed scheme and specifying the period within which objection may be made thereto.

Modifications etc. (not altering text)

C2 Sch. 3 para. 1 modified (prosp.) by 1994 c. 19, ss. 24(5)(6), 66(3)

2 Where any of the authorities to whom notice is required to be given under paragraph 1 above is a combined police authority, the Secretary of State shall give the like notice to the council of each county . . . F1 comprised in the combined area.

Textual Amendments

F1 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C3 Sch. 3 para. 2 modified (prosp.) by 1994 c. 16, ss. 24(5)(6), 66(3)

3 If, within the period specified in the notice, any police authority or council to whom the notice is given gives notice to the Secretary of State of an objection to the proposed scheme or any feature of that scheme, the Secretary of State shall, before making the scheme, cause a local inquiry to be held in respect of that objection by a person appointed by him (who shall not be an officer of police or of any Government department).

Valid from 31/10/1992

[F2 3A If, in a case where a notice of objection with respect to any proposed scheme is received by the Secretary of State as mentioned in paragraph 3 above—

(a) it appears to the Secretary of State that the proposed scheme contains only such provision as is appropriate in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning of that Part); and

(b) the period (if any) that has elapsed between the making of that order and the giving of the notice which is required to be given under paragraph 1 above in relation to that scheme does not exceed twelve months,

the Secretary of State shall be under a duty to consider that objection but shall not be required to cause a local inquiry to be held in respect of it.]

Textual Amendments

F2 Sch. 3 para. 3A inserted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27, Sch. 3 para. 5(2); S.I. 1992/2371, art.2

4 Where such an inquiry has been held, the Secretary of State shall consider the report of the person holding that inquiry before determining whether the scheme should be made and if so subject to what modifications, if any.

5 [F3 Subsections (2) and (3) of section 250 of the M1 Local Government Act 1972] shall apply to any inquiry under this Schedule as they apply to an inquiry under that section.

Textual Amendments

F3 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Marginal Citations

M1 1972 c. 70.

6 Where the Secretary of State proposes to make an amalgamation scheme after holding a local inquiry under this Schedule, a copy of the report of the person by whom the inquiry was held shall be laid before Parliament together with the draft of the statutory instrument comprising the scheme.