Police and Magistrates’ Courts Act 1994

Chapter II U.K. OTHER PROVISIONS ABOUT THE POLICE

Valid from 01/10/1994

Financial provisions E+W

Valid from 01/11/1994

27 Precepts. E+W

(1) In section 39 of the M1 Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—

“(b) a police authority established under section 3 of the M2 Police Act 1964;”.

(2) In section 54 of that Act (designation of authorities whose budget requirements are to be limited), in subsection (3) (classes of authorities to be treated on same principles) for paragraph (f) there shall be substituted—

“(f) police authorities established under section 3 of the M3 Police Act 1964;”.

Commencement Information

I1 S. 27 wholly in force at 1.11.1994; s. 27 not in force at Royal Assent, see s. 94(1); s. 27 in force (1.11.1994, for the purposes of any financial year beginning on or after 1.4.1995) by S.I. 1994/2025, art. 7(1)(2)(b)

Marginal Citations

M1 1992 c. 14.

M2 1964 c. 48.

M3 1964 c. 48.

Valid from 01/11/1994

28 Approval of decisions about precepts. E+W

(1) A police authority established under section 3 of the 1964 Act shall not—

(a) issue a precept under section 40 of the M4 Local Government Finance Act 1992, or

(b) make the calculations required by section 43 of that Act,

except by a decision of the authority which complies with subsection (2) below.

(2) A decision complies with this subsection only if the members approving it—

(a) constitute at least half of the total membership at the time of the decision, and

(b) include more than half of the members (at that time) appointed under paragraph 2 of Schedule 1B to the 1964 Act (local authority appointees).

Modifications etc. (not altering text)

C1 S. 28(2)(b) applied (with modifications) (31.1.1995) by S.I. 1995/187, art. 5(4)(a)

S. 28(2)(b) applied (with modifications) (1.3.1995) by S.I. 1995/493, art. 12(4)(a) (with transitional provisions in arts. 18-21)

S. 28(2)(b) applied (with modifications) (8.3.1995) by S.I. 1995/610, art. 11(4)(a) (with transitional provisions in arts. 15-18)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1769, art. 4(4)(a) (with transitional provisions in arts. 9-12)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1770, art. 6(4)(a) (with transitional provisions in arts. 15-19)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1771, art. 4(4)(a) (with transitional provisions in arts. 9-11)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1772, art. 4(4)(a) (with transitional provisions in arts. 9, 10)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1773, art. 4(4)(a) (with transitional provisions in arts. 9, 10)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1774, art. 4(4)(a) (with transitional provisions in arts. 9, 10)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1775, art. 4(4)(a) (with transitional provisions in arts. 9-11)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1776, art. 4(4)(a) (with transitional provisions in arts. 9, 10)

S. 28(2)(b) applied (with modifications) (12.7.1995) by S.I. 1995/1779, art. 6(4)(a) (with transitional provisions in arts. 10, 11)

S. 28(2)(b) applied (with modifications) (11.12.1995) by S.I. 1995/2864, art. 4(4)(a)

S. 28(2)(b) applied (with modifications) (1.3.1996) by S.I. 1996/507, art. 4(4)(a) (with transitional provisions in arts. 9, 10)

Commencement Information

I2 S. 28 wholly in force at 1.11.1994; s. 28 not in force at Royal Assent, see s. 94(1); s. 28 in force (1.11.1994, for the purposes of any financial year beginning on or after 1.4.1995) by S.I. 1994/2025, art. 7(1)(2)(c)

Marginal Citations

M4 1992 c. 14.

Valid from 01/04/1995

29 Directions as to minimum budget. E+W

(1) The power of the Secretary of State to give directions under section 28D of the 1964 Act to a police authority established under section 3 of that Act shall include power to direct the authority that the amount of its budget requirement for any financial year (under section 43 of the M5 Local Government Finance Act 1992) shall not be less than an amount specified in the direction.

(2) The power exercisable by virtue of subsection (1) above, and any direction given under that power, are subject to any limitation imposed under Chapter V of Part I of the M6 Local Government Finance Act 1992.

(3) A direction shall not be given by virtue of subsection (1) above in relation to a financial year at any time after the end of the preceding December.

(4) Where the Secretary of State gives a direction to a police authority under subsection (1) above any precept issued or calculation made by the authority under Part I of the M7 Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Marginal Citations

M5 1992 c. 14.

M6 1992 c. 14.

M7 1992 c. 14.

Valid from 15/03/1995

30 Revenue accounts and capital finance. E+W

In section 39 of the M8 Local Government and Housing Act 1989, in subsection (1) (authorities to which provisions about revenue accounts and capital finance apply) for paragraph (j) there shall be substituted—

“(j) a police authority established under section 3 of the M9 Police Act 1964;”.

Commencement Information

I3 S. 30 wholly in force at 1.4.1995; s. 30 not in force at Royal Assent, see s. 94(1); s. 30 in force at 15.3.1995 for certain purposes and otherwise 1.4.1995 by S.I. 1994/3262, art. 4(1)(6), Sch. (with transitional provisions in art. 4(6)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

M8 1989 c. 42.

M9 1964 c. 48.

31 Financial administration. E+W

In section 111 of the M10 Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—

“(e) a police authority established under section 3 of the M11 Police Act 1964,”.

Commencement Information

I4 S. 31 wholly in force at 1.4.1995; s. 31 not in force at Royal Assent see s. 94(1); s. 31 in force for certain purposes at 1.10.1994 by S.I. 1994/2025, art. 6(1)(2)(d)(3)-(6); s. 31 in force at 1.4.1995 insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (with transitional provisions in art. 4(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

M10 1988 c. 41.

M11 1964 c. 48.

32 Initial financing of new police authorities. E+W

(1) The Secretary of State may make grants to any police authority established under section 3 of the 1964 Act in respect of expenditure incurred (or to be incurred) by it at any time before the beginning of its first precepting year.

(2) Without prejudice to any other powers to borrow, a police authority established under section 3 of the 1964 Act may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of meeting its expenditure before the beginning of its first precepting year.

(3) The sums borrowed by an authority under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of its first precepting year.

(4) In this section the “first precepting year" of a police authority is the financial year in which revenue is first received by it as a result of a precept issued by it under Part I of the M12 Local Government Finance Act 1992.

Commencement Information

I5 S. 32 partly in force; s. 32 not in force at Royal Assent, see s. 94(1); s. 32 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(d)(3)

Marginal Citations

M12 1992 c. 14.

33 Validation of past grants. E+W

(1) Any deductions made from grants under section 31 of the 1964 Act for any period ended after 31st March 1980 and before the passing of this Act on account of common services expenditure shall be deemed to have been made in accordance with that section and any order made under it.

(2) In subsection (1) above “common services expenditure” means expenditure incurred by the Secretary of State under—

(a) section 41 (common services) of the 1964 Act, or

(b) section 44 (Police Federations) of that Act, or

(c) section 4 of the M13 Police Act 1969 (Police Council for the United Kingdom) or section 1 of the M14 Police Negotiating Board Act 1980.

Marginal Citations

M13 1969 c. 63.

M14 1980 c. 10.

Complaints against and conduct of police officers E+W

Prospective

34 Reference of matters other than complaints to Complaints Authority. E+W

In section 88 of the M15 Police and Criminal Evidence Act 1984 (references of matters other than complaints to the Complaints Authority), in paragraph (a) for the words “an offence against discipline" there shall be substituted the words “ behaved in a manner which would justify disciplinary proceedings ”.

Marginal Citations

M15 1984 c. 60.

Prospective

35 Steps to be taken after investigation of complaint. E+W

(1) Section 90 of the M16 Police and Criminal Evidence Act 1984 (steps to be taken after investigation: general) shall be amended as follows.

(2) In subsection (3), paragraph (ii) and the word “and" immediately preceding it shall be omitted.

(3) In subsection (4), paragraph (b) and the word “and" immediately preceding it shall be omitted.

(4) In subsection (5)—

(a) for the words “Subject to section 91(1) below" there shall be substituted the words “ In such cases as may be prescribed by regulations made by the Secretary of State ”, and

(b) for the words “preferred disciplinary charges" onwards there shall be substituted the words “ brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons ”.

(5) Subsection (6) shall be omitted.

(6) In subsection (7)—

(a) for the words “Subject to section 91(1) below" there shall be substituted the words “ In such cases as may be prescribed by regulations made by the Secretary of State ”, and

(b) for the words “preferred disciplinary charges" onwards there shall be substituted the words “ brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons ”.

(7) Subsection (8) shall be omitted.

(8) In subsection (9) for the words “the chief officer" onwards there shall be substituted the words “ then, if the chief officer is required by virtue of regulations under subsection (5) or (7) above to send the Authority a memorandum, he shall at the same time send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation ”.

(9) In subsection (10)—

(a) in paragraph (a) for the words “prefer disciplinary charges" onwards there shall be substituted the words “ bring disciplinary proceedings, it shall be his duty to bring and proceed with them; and ”, and

(b) in paragraph (b) for the words “preferred such charges" there shall be substituted the words “ brought such proceedings ”.

Marginal Citations

M16 1984 c. 60.

Prospective

36 Powers of Complaints Authority as to disciplinary proceedings. E+W

(1) Section 93 of the M17 Police and Criminal Evidence Act 1984 (powers of Complaints Authority as to disciplinary charges) shall be amended as follows.

(2) In subsection (1) for the words “preferred disciplinary charges" onwards there shall be substituted the words “ brought disciplinary proceedings or does not propose to do so, the Authority may recommend him to bring such proceedings ”.

(3) In subsection (2) for the words “withdraw charges which he has preferred" there shall be substituted the words “ discontinue disciplinary proceedings that he has brought ”.

(4) In subsection (3) for the words “prefer such charges" onwards there shall be substituted the words “ bring disciplinary proceedings, they may direct him to do so ”.

(5) In subsection (5) for the words “prefer and proceed with charges specified in" there shall be substituted the words “ comply with ”.

(6) For subsection (6) there shall be substituted—

“(6) The Authority may withdraw a direction given under this section.”

(7) For subsections (7) and (8) there shall be substituted—

“(7) A chief officer shall—

(a) advise the Authority of what action he has taken in response to a recommendation or direction under this section, and

(b) furnish the Authority with such other information as they may reasonably require for the purpose of discharging their functions under this section.”

Marginal Citations

M17 1984 c. 60.

Prospective

37 Repeal of certain provisions about discipline. E+W

The following provisions of the M18 Police and Criminal Evidence Act 1984 shall cease to have effect—

(a) section 67(8) (failure to comply with a code of practice is a disciplinary offence);

(b) section 92 (powers of Complaints Authority to direct reference of reports etc. to Director of Public Prosecutions);

(c) section 94 (disciplinary tribunals);

(d) section 97(4) (review of complaints procedure and reports by Complaints Authority);

(e) section 101 (discipline regulations);

(f) in section 104, subsections (1) and (2) (which prevent a police officer convicted or acquitted of a criminal offence being charged with an equivalent disciplinary offence).

Marginal Citations

M18 1984 c. 60.

Prospective

38 Saving for certain complaints procedures. E+W

The amendment, by any provision of this Act, of Part IX of the M19 Police and Criminal Evidence Act 1984 shall not affect any procedures established by virtue of section 96 of that Act (constabularies maintained by authorities other than police authorities) before the amendment comes into force.

Marginal Citations

M19 1984 c. 60.

Valid from 01/10/1994

Reorganisation of local government E+W

39 Police areas in England: alterations under Local Government Act 1992. E+W

(1) The M20 Local Government Act 1992 shall be amended as follows.

(2) In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.

(3) In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.

(4) In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.

(5) After subsection (5) of section 17 there shall be added—

“(6) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that none of the following areas—

(a) a county in which there are no district councils,

(b) a district in any other county, and

(c) a London borough,

is divided between two or more police areas; but this subsection shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.”

(6) In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.

(7) In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.

Commencement Information

I6 S. 39 wholly in force at 1.4.1995; s. 39 not in force at Royal Assent, see s. 94(1); s. 39(1)(4)-(7) in force (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(f); s. 39(2)(3) in force (1.4.1995) by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Marginal Citations

M20 1992 c. 14.

Valid from 01/04/1995

40 Police areas in Wales: alterations under Local Government Act 1972. E+W

(1) The M21 Local Government Act 1972 shall be amended as follows.

(2) In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”.

(3) In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—

“(3A) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.”

(4) In section 60 (procedure for reviews)—

(a) in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”;

(b) in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”;

(c) in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”.

(5) In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.

Marginal Citations

M21 1972 c. 70.

Miscellaneous U.K.

Valid from 08/08/1994

41 Metropolitan police: assistant commissioners. E+W

In section 2 of the M22 Metropolitan Police Act 1856 (power to appoint six assistant commissioners of police)—

(a) the word “six", and

(b) the words “and upon every vacancy" onwards,

shall be omitted.

Marginal Citations

M22 1856 c.2.

Valid from 01/10/1994

42 Application of Firearms Act 1968 to civilian staff. E+W+S

In section 54 of the M23 Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—

“(3) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

(a) a member of a police force, or

(b) a person employed by a police authority who is under the direction and control of a chief officer of police.”

Marginal Citations

M23 1968 c. 27.

Valid from 01/10/1994

43 Application to police authorities of enactments relating to local authorities etc. U.K.

Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.

Commencement Information

I7 S. 43 wholly in force at 1.4.1995; s. 43 not in force at Royal Assent, see s. 94(1); s. 43 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 6(1)(2)(e)(3)-(6); s. 43 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

44 Minor and consequential amendments. U.K.

Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.

Commencement Information

I8 S. 44 partly in force; s. 44 in force for certain purposes at Royal Assent, see s. 94(3); s. 44 in force for certain purposes (8.8.1994) by S.I. 1994/2025, art. 4(1)(2)(d); s. 44 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 5(1)(2)(h); s. 44 in force for certain purposes (31.12.1994) by S.I. 1994/3262, art. 3(1)(b) (with transitional provisions in art. 3(2)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); s. 44 in force for certain purposes (1.4.1995) by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3)); s. 44 in force for certain purposes (1.8.1996) by S.I. 1996/1646, art. 2, Sch. (with saving in art. 3)

Valid from 01/10/1994

45 Application of certain provisions to new police authorities. E+W+S

(1) Any relevant legislative provision which, immediately before the passing of this Act, applied to police authorities constituted in accordance with section 2 of the 1964 Act shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 of the 1964 Act (as substituted by section 2 of this Act).

(2) Subsection (1) above is subject to any provision to the contrary made by or under this Act.

(3) For the purposes of subsection (1) above, a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—

(a) was made before the passing of this Act under a public general Act, and

(b) is of a legislative character.

Commencement Information

I9 S. 45 wholly in force at 1.4.1995; s. 45 not in force at Royal Assent, see s. 94(1); s. 45 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 6(1)(2)(f)(3)-(6); s. 45 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))

Valid from 08/08/1994

46 Interpretation of Part I. E+W+S

In this Part of this Act “the 1964 Act” means the M24 Police Act 1964.

Marginal Citations

M24 1964 c. 48.