Local Government Act 1972

Changes over time for: Section 107

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Status:

Point in time view as at 01/04/2023.

Changes to legislation:

Local Government Act 1972, Section 107 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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107 Application of foregoing provisions to [F1the Common Council].E+W

[F2(1)In their application to the Common Council as police authority, sections 101 to 106 shall have effect subject to the following provisions of this section (and in those provisions references to the Common Council are references to the Council as police authority).]

(2)F3... Section 101(1)(b) and (3) above shall not apply to [F4the Common Council].

[F5(2A)The Common Council may not, under section 101(1)(a), arrange for any person to exercise a function that the Common Council has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision).]

(3)The officers who may discharge the functions of [F6the Common Council] in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed [F7by the Common Council].

[F8(3A)Where pursuant to arrangements made by virtue of subsection (3) above—

(a)a chief officer of police, or

(b)the deputy of a chief officer of police,

may discharge functions of [F9the Common Council], he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by [F10the Common Council] but is not under [F11the Common Council's] direction and control.]

[F12(3B)Section 101 above, in its application to [F13the Common Council], shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of [F14the Common Council].]

[F15(4)The Secretary of State may by regulations make provision regulating the power of [F16the Common Council] under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of [F17the Common Council] as respects part only of their area.

(4A)Regulations under subsection (4) may in particular—

(a)impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;

(b)make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;

(c)impose limitations or restrictions on which officers or members of [F18the Common Council] may discharge functions under such arrangements.

(4B)A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(5)Section 101(10) above shall not apply to [F19the Common Council].

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A person shall not be disqualified by virtue of section 104 above for being a member of [F22the Common Council] or the committee (or any sub-committee) of [F23the Common Council] by virtue of his holding any office or employment, except employment [F24by the Common Council].

F25(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 107 title substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 106(2); S.I. 2012/2892, art. 2(i)

F2S. 107(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 106(3); S.I. 2012/2892, art. 2(i)

F3Words in s. 107(2) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 23(4)(a), 183(1)(5)(e); S.I. 2020/5, reg. 2(j) (with reg. 3(1)(2)(4))

F4Words in s. 107(2) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 106(4)(c); S.I. 2012/2892, art. 2(i)

F5S. 107(2A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 23(4)(b), 183(1)(5)(e); S.I. 2020/5, reg. 2(j) (with reg. 3(1)(2)(4))

F6Words in s. 107(3) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 106(5)(a); S.I. 2012/2892, art. 2(i)

F7Words in s. 107(3) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 106(5)(b); S.I. 2012/2892, art. 2(i)

F8S. 107(3A) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(4); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.