Local Government Act 1985

Section 37.

SCHEDULE 11 Police and Fire Services

Police

1 (1) For section 1(1) of the [1964 c. 48.] Police Act 1964 there shall be substituted—

“(1) Subject to the provisions of this Act, a police force shall be maintained—

(a) for every county in England and Wales which is not comprised in a combined area constituted by an amalgamation scheme or in the Northumbria police area;

(b) for every combined area constituted by an amalgamation scheme; and

(c) for the Northumbria police area.

(1A) For the purposes of this Act the Northumbria police area shall consist of the county of Tyne and Wear and the county of Northumberland.”

(2) In subsection (1) of section 2 of that Act for the words " a police area consisting of a county " there shall be substituted the words " a police area consisting of a non-metropolitan county" .

(3) In subsection (2) of that section—

(a) for the words " a police area consisting of a county " there shall be substituted the words " a police area insisting of a non-metropolitan county" ;

(b) in paragraph (b) the words " in the case of a non-metropolitan county " shall be omitted ; and

(c) paragraph (c) shall be omitted.

(4) After section 2 of that Act there shall be inserted—

“2A Police authorities for metropolitan counties and Northumbria police area.

The police authority for a police area consisting of a metropolitan county shall be the metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985; and the police authority for the Northumbria police area shall be the Northumbria Police Authority constituted in accordance with those provisions.”

(5) In section 8(3) and (4) of that Act for the words " police area consisting of a county " there shall be substituted the words " police area consisting of a non-metropolitan county " and in section 8(3) for the words "the said Part VIII" there shall be substituted the words " the said Part III" .

(6) In section 11 of that Act for the words "any county there shall be substituted the words " any non-metropolitan county .

(7) After section 31(1)(b) of that Act there shall be inserted—

“(c) by the Northumbria police authority.”

(8) In Schedule 8 to that Act for the entries relating to a county there shall be substituted—

“A non-metropolitan county	The police committee	The chief constable	The county fund
A metropolitan county	The metropolitan county police authority	The chief constable	The general fund
The Northumbria police area	The Northumbria Police Authority	The chief constable	The general fund”.

Fire services

2 (1) The London Fire and Civil Defence Authority shall be the fire authority for Greater London; and the fire and civil defence authority established under Part IV of this Act for each metropolitan county shall be the fire authority for that county.

(2) References in the [1947 c. 41.] Fire Services Acts 1947 to 1959 and in any other enactment to a fire authority, or to a fire authority constituted by or for the purposes of the Fire Services Act 1947, shall be construed in accordance with sub-paragraph (1) above.

(3) In section 4 of the said Act of 1947 for the words " the council of every county" there shall be substituted the words " the council of every non-metropolitan county

(4) In the [1865 c. 90.] Metropolitan Fire Brigade Act 1865 the references to the Metropolitan Board of Works (which, by virtue of section 48(3) of the [1963 c. 33.] London Government Act 1963, are to be construed as references to the Greater London Council) shall be construed as references to the London Fire and Civil Defence Authority.

Explosives, petroleum etc.

3 In paragraph (3) of section 67 of the [1875 c. 17.] Explosives Act 1875 (local authorities for the purposes of that Act) after the words " Outside Greater London " there shall be inserted the words " and a metropolitan county" . and after that paragraph there shall be inserted—

“(3A) In a metropolitan county, the fire authority; and”.

4 In section 2(1) of the [1928 c. 32.] Petroleum (Consolidation) Act 1928 (local authorities granting petroleum licences) for paragraph (a) there shall be substituted—

“(a) in Greater London or a metropolitan county, the fire authority;”.

5 The functions of a local authority under section 73 of the [1961 c. 64.] Public Health Act 1961 (derelict petroleum tanks) shall be functions—

(a) in Greater London or a metropolitan county, of the fire authority;

(b) elsewhere, of the county council,

and references in that section, and in the provisions of that Act applied by it, to a local authority shall be construed accordingly.

6 In section 9 of the [1922 c. 35.] Celluloid and Cinematograph Film Act 1922 at the end of the definition of "local authority" there shall be inserted the words " and in a metropolitan county means the fire authority" .