SCHEDULES
E1I2SCHEDULE 4 APPLICATION TO POLICE AUTHORITIES OF ENACTMENTS RELATING TO LOCAL AUTHORITIES
The provisions of Sch. 4 have the same extent as the provisions they amend, see s. 96(1)-(3)
Part I AMENDMENTS OF LOCAL GOVERNMENT ENACTMENTS
Local Government (Records) Act 1962
1
2
In section 8 of that Act (interpretation), in subsection (1), in the definition of “local authority" after the words “City of London" there shall be inserted the words “
, a police authority established under section 3 of the M3Police Act 1964,
”
.
Local Government Act 1966
3
Local Government Grants (Social Need) Act 1969
4
Local Authorities (Goods and Services) Act 1970
5
In section 1 of the M8Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of “public body" after the words “local authority" there shall be inserted the words “
, any police authority established under section 3 of the M9Police Act 1964, any
”
.
Local Government Act 1972
F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In section 98 of that Act, in subsection (1A) (application to joint authorities of provisions about members’ interests) after the words “joint authority" there shall be inserted the words “
and a police authority established under section 3 of the M10Police Act 1964
”
.
8
In section 99 of that Act (meetings and proceedings of local authorities) after the words “joint authorities," there shall be inserted the words “
police authorities established under section 3 of the M11Police Act 1964
”
.
9
1
Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.
2
For subsection (1)(e) there shall be substituted—
e
a police authority established under section 3 of the M12Police Act 1964;
3
In subsection (4), in paragraph (a)—
a
for the words “combined police authority" there shall be substituted the words “
police authority established under section 3 of the M13Police Act 1964
”
, and
b
for the word “which" there shall be substituted the words “
or other person that
”
.
10
1
Section 107 of that Act (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.
2
In subsection (1)—
a
the words “104 and" shall be omitted, and
b
after the words “those sections" there shall be inserted the words “
and section 104
”
.
3
In subsection (3) for the words “for the purposes of" there shall be substituted the word “
by
”
.
4
After subsection (3) there shall be inserted—
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 a police authority, 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 the authority but is not under the authority’s direction and control.
5
In subsection (8) for the words “for the purposes of" there shall be substituted the word “
by
”
.
6
Subsections (9) and (10) shall be omitted.
11
1
Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.
2
In subsection (1)—
a
at the beginning there shall be inserted the words “
Subject to subsection (1A) below,
”
, and
b
after the words “joint authority" there shall be inserted the words “
and a police authority established under section 3 of the M14Police Act 1964
”
.
3
After subsection (1) there shall be inserted—
1A
A police authority established under section 3 of the M15Police Act 1964 shall not be treated—
a
as a local authority for the purposes of section 112, 139, 140A or 140C above, or
b
as a principal council for the purposes of section 122 above.
12
In section 223 of that Act (appearance of local authorities in legal proceedings), in subsection (2) after the words “joint authority" there shall be inserted the words “
, a police authority established under section 3 of the M16Police Act 1964
”
.
13
In section 228 of that Act (inspection of documents), in subsection (7A) after the words “joint authority" there shall be inserted the words “
or a police authority established under section 3 of the M17Police Act 1964
”
.
14
The words “and a police authority established under section 3 of the M18Police Act 1964” shall be inserted after the words “joint authority”—
a
in section 229 of that Act (photographic copies of documents), in subsection (8);
b
in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);
c
in section 232 of that Act (public notices), in subsection (1A);
d
in section 233 of that Act (service of notices by local authorities), in subsection (11); and
e
in section 234 of that Act (authentication of documents), in subsection (4).
I115
1
Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows.
2
In sub-paragraph (1) of paragraph 6A after the words “joint authority", there shall be inserted the words “
or a police authority established under section 3 of the M19Police Act 1964
”
.
3
In paragraph 6B—
a
after the word “that" there shall be inserted “
(a)
”
, and
b
for the words “members in the case of a joint authority" there shall be substituted the words
, and
b
in the case of a police authority established under section 3 of the M20Police Act 1964, sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority another member chosen by the members of the authority present shall preside.
4
In paragraph 46, after the words “joint authority" there shall be inserted the words “
and a police authority established under section 3 of the M21Police Act 1964
”
.
Local Government Act 1974
16
Local Government (Miscellaneous Provisions) Act 1976
17
In section 30 of the M24Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), for subsection (3) (police authorities to be treated as local authorities and police officers to be treated as their employees) there shall be substituted—
3
For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority and references to employment shall be construed accordingly.
18
In section 44 of that Act (interpretation), in subsection (1), in paragraph (a) of the definition of “local authority" after the words “of this Act," there shall be inserted the words “
a police authority established under section 3 of the M25Police Act 1964 and
”
.
Local Government, Planning and Land Act 1980
19
In section 2 of the M26Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)—
a
in paragraph (j) the words from “a police committee" to “in Scotland", and
b
in paragraph (k) the words from “a combined" to “in Scotland",
shall be omitted.
20
In section 20 of that Act (interpretation of provisions relating to direct labour organisations), in subsection (1), in paragraph (a)(i) of the definition of “local authority" after the words “borough council," there shall be inserted the words “
a police authority established under section 3 of the M27Police Act 1964
”
.
21
In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—
dc
a police authority established under section 3 of the M28Police Act 1964;
22
In Schedule 16 to that Act (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5B there shall be inserted—
5C
A police authority established under section 3 of the M29Police Act 1964.
Local Government (Miscellaneous Provisions) Act 1982
23
In section 33 of the M30Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a) after the words “Residuary Body" there shall be inserted the words “
, a police authority established under section 3 of the M31Police Act 1964
”
.
24
In section 41 of that Act (lost and uncollected property), in subsection (13), in the definition of “local authority" after paragraph (c) there shall be inserted—
ca
a police authority established under section 3 of the M32Police Act 1964; and
Local Government Finance Act 1982
F225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1986
29
In section 6 of the M33Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a) after the entry relating to the Broads Authority there shall be inserted—
a police authority established under section 3 of the M34Police Act 1964,
30
In section 9 of that Act (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a) after the entry relating to the Common Council there shall be inserted—
a police authority established under section 3 of the M35Police Act 1964,
Local Government Act 1988
31
32
In Schedule 2 to that Act, in the list of public authorities to which provisions on public supply or works contracts apply, for the entry relating to police authorities there shall be substituted— “
A police authority established under section 3 of the M38Police Act 1964.
”
Local Government Finance Act 1988
33
34
In section 114 of that Act (functions of the chief finance officer as regards reports), in subsection (2), for the words “or officer of the authority" there shall be inserted the words “
of the authority, a person holding any office or employment under the authority, a member of a police force maintained by the authority,
”
.
Local Government and Housing Act 1989
35
In section 5 of the M41Local Government and Housing Act 1989 (designation and reports of monitoring officer)—
a
in subsection (1), after the words “paid service" there shall be inserted the words “
(or, in the case of a police authority established under section 3 of the Police Act 1964, the clerk to the authority)
”
;
b
in subsection (2), for the words “sub-committee or officer of the authority", in both places where they occur, there shall be substituted the words “
or sub-committee of the authority, by any person holding any office or employment under the authority
”
; and
c
in subsection (3), for the words “head of the authority’s paid service" there shall be substituted the words “
person who is for the time being designated as the head of the authority’s paid service under section 4 above
”
.
36
In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—
a
in subsection (4)(h) for the words “paragraphs (a) to (g)" there shall be substituted the words “
paragraphs (b) to (g)
”
, and
b
in subsection (9) for the words “paragraphs (a) to (j)" there shall be substituted the words “
paragraphs (a) to (f) or (h) to (j)
”
.
37
In section 18 of that Act (allowances for local authority members), in subsection (5)(a) for the words “paragraphs (d) and (j)" there shall be substituted the words “
paragraphs (d), (g) and (j)
”
.
38
In section 21 of that Act, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.) for paragraph (g) there shall be substituted—
g
a police authority established under section 3 of the M42Police Act 1964;
39
In section 67 of that Act (application of provisions relating to companies in which local authorities have interests), in subsection (3) (definition of local authority) for paragraph (i) there shall be substituted—
i
a police authority established under section 3 of the M43Police Act 1964;
F640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41
In section 152 of that Act (interpretation etc. of provision relating to power of local authorities to impose charges) subsections (1)(f) and (2)(g) shall be omitted.
42
In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—
ea
a police authority established under section 3 of the M44Police Act 1964;
43
In section 157 of that Act (commutation of, and interest on, periodic payments of grants etc.), in subsection (6) for paragraph (g) there shall be substituted—
g
a police authority established under section 3 of the M45Police Act 1964;
44
In Schedule 1 to that Act (political balance on local authority committees etc.)—
a
in paragraph 2(1)(a) for the words “paragraphs (f) to (j)" there shall be substituted the words “
paragraphs (f) or (h) to (j)
”
, and
b
in paragraph 4(1), in paragraph (a) of the definition of “relevant authority" for the words “paragraphs (a) to (c) or (f) to (j)" there shall be substituted the words “
paragraphs (a) to (c), (f) or (h) to (j)
”
.
Local Government Finance Act 1992
45
Part II AMENDMENTS OF OTHER ENACTMENTS
Trustee Investments Act 1961
46
47
In Part II of Schedule 1 to that Act (list of narrower-range investments requiring advice), in paragraph 9, in sub-paragraph (d) for the words “a combined police authority" onwards there shall be substituted the words “
a police authority established under section 3 of the M50Police Act 1964;
”
.
Leasehold Reform Act 1967
48
In section 28 of the M51Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), in paragraph (a) for the words “any combined police authority" onwards there shall be substituted the words “
any police authority established under section 3 of the M52Police Act 1964; and
”
.
Post Office Act 1969
49
Employment Agencies Act 1973
50
Race Relations Act 1976
51
Rent (Agriculture) Act 1976
52
Rent Act 1977
53
Justices of the Peace Act 1979
F754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acquisition of Land Act 1981
55
In section 17 of the M59Acquisition of Land Act 1981 (compulsory purchase of local authority and statutory undertakers’ land), in subsection (4), in the definition (for the purposes of subsection (3)) of “local authority”—
a
in paragraph (a) after the words “City of London" there shall be inserted the words “
, a police authority established under section 3 of the M60Police Act 1964
”
; and
b
in paragraph (b) at the end there shall be added the words “
or a police authority established under section 3 of the M61Police Act 1964.
”
Stock Transfer Act 1982
56
In Schedule 1 to the M62Stock Transfer Act 1982 (securities that can be transferred through a computerised system), in paragraph 7(1) for the word “or" at the end of paragraph (b) there shall be substituted—
ba
any police authority established under section 3 of the Police Act 1964; or
County Courts Act 1984
57
In section 60 of the M63County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority), in subsection (3), in the definition of “local authority" after the words “borough council" there shall be inserted the words “
, a police authority established under section 3 of the M64Police Act 1964
”
.
Housing Act 1985
58
In section 4 of the M65Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—
a
after the words “Broads Authority" (in the first place where they occur) there shall be inserted the words “
, in sections 438, 441, 442, 443 and 458 includes the Broads Authority and a joint authority established by Part IV of the M66Local Government Act 1985
”
,
b
the words “sections 438, 441, 442, 443, 458, 460(3)" shall be omitted, and
c
after the words “Broads Authority" (in the second place where they occur) there shall be inserted the words “
, a police authority established under section 3 of the M67Police Act 1964 and
”
.
Housing Associations Act 1985
59
In section 106 of the M68Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—
a
for the words “sections 84(5) and 85(4)" there shall be substituted the words “
section 84(5)
”
, and
b
at the end there shall be added the words “
and in section 85(4) includes such a joint authority and a police authority established under section 3 of the M69Police Act 1964
”
.
Landlord and Tenant Act 1985
60
Landlord And Tenant Act 1987
61
Housing Act 1988
62
Town and Country Planning Act 1990
63
In section 252 of the M76Town and Country Planning Act 1990 (procedure for making of orders relating to highways), in subsection (12), in the definition of “local authority" after the words “London borough," there shall be inserted the words “
a police authority established under section 3 of the M77Police Act 1964,
”
.
Sch. 4 wholly in force at 1.4.1995; Sch. 4 not in force at Royal Assent, see s. 94(1); Sch. 4 except paras. 1-4, 15(2), 42 in force for certain purposes (1.10.1994) by S.I. 1994/2025, art. 6(1)(2)(g)(3)-(6); Sch. 4 in force (1.4.1995) insofar as not already in force by S.I. 1994/3262, art. 4(1), Sch. (with transitional provision in art. 4(8)) (as amended (14.3.1995) by S.I. 1995/246, art. 2(3))