19 Schemes for amalgamation of police forces.S
(1)If it appears to the police authorities for any two or more police areas that it is expedient that those areas should be combined for police purposes, they may for that purpose submit to the Secretary of State a scheme (in this Act referred to as an “amalgamation scheme”) and the Secretary of State may by order approve any scheme so submitted to him.
(2)Subject to the provisions of this Act, an amalgamation scheme shall make provision with regard to the following matters—
(a)the dis-establishment of the police forces maintained for the several police areas, the establishment and maintenance of a police force for the combined area, the appointment of the first chief constable of that force, and the transfer to that force of constables of the forces previously maintained for the several police areas comprised in the combined area;
(b)the constitution for the purposes of paragraph (c) of this subsection in relation to that force of a [F1joint police board] consisting of such number of persons, being members of the constituent authorities, as may be specified in the scheme;
(c)the delegation to the [F1joint police board] of the whole functions relating to police of the constituent authorities (except their power to levy a rate, their functions under this section, and such other functions as may be specified in the scheme);
(d)the payment by the constituent authorities in such proportions as may be specified in the scheme of the expenditure [F2which the joint police board estimates will be incurred,] in the performance of the functions delegated to them;
[F3(e) arrangements for the carry-forward from one financial year (the “ carry-forward year ”) to the next by the joint police board of any money received by the board in respect of the carry-forward year from the constituent authorities under provision made under paragraph (d) above and remaining unspent at the end of the carry-forward year. ]
(e) . . . F4
(3)The reference in subsection (2)(d) of this section to the expenditure [F5which the joint police board estimates will be incurred] is a reference to so much of the net [F6estimated] expenditure of the [F7board] as is not [F8provided for by a grant made to the board under section 32 of this Act].
[F9(3A)Provision made under subsection (2)(e) above shall secure—
(a)that the money carried forward by the joint police board shall not exceed three per cent. of the total of the money paid to the board by the constituent authorities in respect of the carry-forward year; and
(b)that, in the case mentioned in subsection (3B) below, money shall be carried forward only with the consent of the Scottish Ministers.
(3B)The case is where—
(a)any money carried forward from previous carry-forward years—
(i)by virtue of arrangements such as are mentioned in subsection (2)(e) above; and
(ii)under section 32(10A) of this Act,
and remaining unspent at the end of the carry-forward year;
(b)the money carried forward by virtue of arrangements such as are mentioned in that subsection; and
(c)any money carried forward under that section,
would, taken together, amount to more than the maximum sum.
(3C) In subsection (3B) above, “ maximum sum ”, in relation to a carry-forward year, means the amount equal to five per cent. of the sum of—
(a)the total amount of grant made under section 32 of this Act to the joint police board in respect of that year; and
(b)the total amount of money paid to the board by the constituent authorities in respect of that year.
(3D)The Scottish Ministers may, by order, substitute for the percentage mentioned in—
(a)subsection (3A)(a) above; or
(b)subsection (3C) above,
such other percentage as they think fit.
(3E)An order under subsection (3D) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(3F)Paragraphs (d) and (e) of subsection (2) above are not to be taken as preventing the carrying forward of any money, being money already carried forward to a financial year under arrangements made under subsection (2)(e) above and remaining unspent at the end of that year, from that year to the next year and, if it remains unspent at the end of that next year, to the following year, and so on.]
(4)Subject to the provisions of this Act, an amalgamation scheme may make provision with regard to all or any of the following matters—
(a)the transfer of property, rights and liabilities;
(b)the adjustment of liabilities between the constituent authorities;
(c)the settlement of differences between the constituent authorities;
(d)the transfer to the [F1joint police board] of officers of any of the constituent authorities;
(e)the furnishing, on such terms and conditions as may be specified in the scheme, by one of the constituent authorities of any service connected with the administration of the police force maintained for the combined area;
(f)any other matters incidental to or consequential on the provisions contained in the scheme.
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The expenses incurred by a constituent authority for the purpose of the payment to the [F1joint police board] of the expenditure referred to in subsection (2)(d) of this section shall be defrayed in like manner as expenses of that authority for the purposes of their functions relating to police would have required to be defrayed if the amalgamation scheme had not been made.
(7)[F11For the purposes of the M1Local Government Superannuation (Scotland) Regulations 1974] the appropriate superannuation fund in relation to the [F11pensionable employees] of a [F1joint police board] shall be the superannuation fund of such one of the constituent authorities as may be determined by or under the amalgamation scheme.
(8)Where an amalgamation scheme is to come into operation on a date subsequent to that on which it is approved, any appointment to be made, direction to be given or other thing to be done for the purposes of the scheme may be made, given or done at any time after the approval of the scheme so far as may be necessary for the purpose of bringing the scheme into operation on the first-mentioned date.
(9)In this Act, unless the context otherwise requires—
(a)any reference to a police area shall be construed as including a reference to a combined area; and
(b)in relation to a police force maintained for a combined area, any reference to the police authority shall be construed as a reference to the police authorities for the several police areas comprised in the combined area, without prejudice however to any delegation of functions to the [F1joint police board] by or under the amalgamation scheme.
F12[(10)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1words in s. 19(2)(b)(c)(d)(3)(4)(d)(6)(7)(9)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(5)(a); S.I. 1996/323, art. 4(1)(b)(c)
F2Words in s. 19(2)(d) substituted (11.3.2002) by 2001 asp 15, s. 1(1)(a)(i); S.S.I 2002/84, art. 2
F3S. 19(2)(e) inserted (11.3.2002) by 2001 asp 15, s. 1(1)(a)(ii); S.S.I. 2002/84, art. 2
F4S. 19(2)(e) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F5Words in s. 19(3) substituted (11.3.2002) by 2001 asp 15, s. 1(1)(b); S.S.I 2002/84, art. 2
F6Words in s. 19(3) inserted (11.3.2002) by 2001 asp 15, s. 1(1)(b); S.S.I. 2002/84, art. 2
F7Words in s. 19(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(5)(b); S.I. 1996/323, art. 4(1)(b)(c)
F8Words in s. 19(3) substituted (1.4.1996) by 1994 c. 39, s. 62(1), Sch. 1 para. 2(4); S.I. 1997/1712, art. 3, Sch.
F9S. 19(3A)-(3F) inserted (11.3.2002) by 2001 asp 15, s. 1(1)(c); S.S.I. 2002/84, art. 2
F10S. 19(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 71(5)(c), Sch. 14; S.I. 1994/323, art. 4(1)(b)(c)(d)
F11Words substituted by S.I. 1974/812, Sch. 16 Pt. I para. 4
F12S. 19(10) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(5)(d); S.I. 1996/323, art. 4(1)(b)(c)
Marginal Citations