Police Act 1964

23 Alteration of local government areas. E+W

[F1 (1) An amalgamation scheme may be approved or made under this Act—

(a) with respect to two or more counties established by the M1 Local Government Act 1972;

(b) with respect to two or more counties proposed to be constituted, or the areas of which are proposed to be altered, by an order under Part IV of the M2 Local Government Act 1972;

and subject to subsection (1A) below may be so approved or made before the relevant date.

(1A) A scheme under this section shall not come into force before the relevant date, except so far as it relates to the constitution of the combined police authority and to the performance by that authority of functions necessary for bringing the scheme into full operation on that date.

(1B) In subsections (1) and (1A) above “the relevant date” means in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of the said subsection (1), 1st April 1974, and in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of that subsection, the date on which the order mentioned in that paragraph comes into force.]

(2) In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 21 and 22 of this Act and the Schedules therein mentioned shall apply subject to any necessary modifications and in particular to the following modifications, that is to say—

(a) any reference to a police area shall include a reference to the area which is to constitute the new or altered county . . . F2 ;

(b) any reference to a constituent authority shall include a reference to the police authority for any area, and the council for any county . . . F2 , which is to be wholly or partly included in the area of the new or altered county . . . F2 ;

(c) in relation to that area, for any reference to the police authority (except a reference to a constituent authority) there shall be substituted—

(i) in the case of a new county, a reference to the police authority for any county . . . F2 of which the whole or part is to be included in the new county and the council of any such county . . . F2 which has no separate police authority;

(ii) . . . F3

(iii) in the case of an altered county . . . F2 , a reference to the police authority for the existing county . . . F2 or, if that county . . . F2 has no separate police authority, to the council of that county . . . F2 .

[F4 (3) In the case of an amalgamation scheme to be approved or made by virtue of this section with respect to any county, any steps required by this Part of this Act to be taken before the amalgamation scheme is approved or made may be taken at any time after a report on a review affecting that county, together with any proposals formulated thereon, has been submitted to the Secretary of State under sections 51(1), 58(1) and 62(5) of the M3 Local Government Act 1972, and the Secretary of State has notified the county councils concerned of the general nature of the order which he intends to make to give effect to those proposals.]

(4) An amalgamation scheme may be amended or revoked under this Act notwithstanding that it has been modified by an order under Part VI of the said Act of 1933 or Part II of the said Act of 1958.

Textual Amendments

F1 S. 23(1)(1A)(1B) substituted for s. 23(1) by Local Government Act 1972 (c. 70), s. 196(6)

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 S. 23(2)(c)(ii) repealed by Local Government Act 1972 (c. 70), Sch. 30

F4 S. 23(3) substituted by Local Government Act 1972 (c. 70), s. 196(8)

Modifications etc. (not altering text)

C1 S. 23(2)(c)(i) amended by Local Government Act 1972 (c. 70), s. 196(7)

Marginal Citations

M1 1972 c. 70.

M2 1972 c. 70.

M3 1972 c. 70.