[F1(1)A local authority may, after consulting the chief officer of police, resolve that Schedule 3 is to apply to its area.
(2)If a local authority does so resolve—
(a)Schedule 3 (other than paragraph 4) shall come into force in its area on such date as may be specified for that purpose in the resolution (“the first appointed day”), and
(b)paragraph 4 of Schedule 3 shall come into force in its area, and accordingly paragraphs 2 and 3 of that Schedule shall cease to have effect in its area, on such later date as may be so specified (“the second appointed day”).
(3)The first appointed day shall be at least four months after the date on which the resolution is passed.
(4)The second appointed day shall be at least nine months after the first appointed day.
(5)Where a local authority has passed a resolution under this section, the authority shall cause a notice to be published, in two consecutive weeks ending at least three months before the first appointed day, in a local newspaper circulating in its area.
(6)The notice shall—
(a)state that the resolution has been passed,
(b)state the first and second appointed days, and
(c)set out the general effect of Schedule 3 as it will apply from each of those days.
(7)In this section—
“chief officer of police”, in relation to a local authority, means—
the chief officer of police for the police area in which the area of the local authority is situated, or
where part of the local authority’s area is situated in one police area and part in another, the chief officer of police for each police area in which a part of the local authority’s area is situated;
“local authority” means—
in relation to England and Wales, the council of a district, and
in relation to Scotland, a [F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].]
Textual Amendments
F1S. 9 repealed (E.W.) (6.4.2006 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 7; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2007/3371, art. 2(c)
F2Words in s. 9(7) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 183(3); S.I. 1996/323, art. 4(1)(b)(c)