Police Act 1996

Section 103.

SCHEDULE 7 Consequential amendments

Part I References to police authorities established under section 3 of Police Act 1964

1 (1) In the provisions referred to in sub-paragraph (2), for “section 3 of the Police Act 1964”, in each place where it occurs, there shall be substituted “section 3 of the Police Act 1996”.

(2) The provisions referred to in sub-paragraph (1) are—

(a) section 11(4)(a) of, and paragraph 9(d) of Part II of Schedule 1 to, the [1961 c. 62.] Trustee Investments Act 1961;

(b) sections 2(6) and 8(1) of the [1962 c. 56.] Local Government (Records) Act 1962;

(c) section 11(2) of the [1966 c. 42.] Local Government Act 1966;

(d) section 28(5)(a) of the [1967 c. 88.] Leasehold Reform Act 1967;

(e) section 1(3) of the [1969 c. 2.] Local Government Grants (Social Need) Act 1969;

(f) section 7(1AA) of the [1969 c. 48.] Post Office Act 1969;

(g) the definition of “public body” in section 1(4) of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970;

(h) sections 98(1A), 99, 100J(1)(e) and (4)(a), 146A(1) and (1A), 223(2), 228(7A), 229(8), 231(4), 232(1A), 233(11) and 234(4) of, and paragraphs 6A(1), 6B(b) and 46 of Schedule 12 to, the [1972 c. 70.] Local Government Act 1972;

(i) section 13(7)(f) of the [1973 c. 35.] Employment Agencies Act 1973;

(j) section 25(1)(ca) of the [1974 c. 7.] Local Government Act 1974;

(k) paragraph (a) of the definition of “local authority” in section 44(1) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

(l) section 71 of the [1976 c. 74.] Race Relations Act 1976;

(m) section 5(3)(baa) of the [1976 c. 80.] Rent (Agriculture) Act 1976;

(n) section 14(caa) of the [1977 c. 42.] Rent Act 1977;

(o) section 64(6) of the Justices of the [1979 c. 55.] Peace Act 1979;

(p) paragraphs (a)(i) and (aa) of the definition of “local authority” in section 20(1) of the [1980 c. 65.] Local Government, Planning and Land Act 1980 and section 99(4)(dc) of, and paragraph 5C of Schedule 16 to, that Act;

(q) paragraphs (a) and (b) of the definition of “local authority” in section 17(4) of the [1981 c. 67.] Acquisition of Land Act 1981;

(r) section 33(9)(a) of, and paragraph (ca) of the definition of “local authority” in section 41(13) of, the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

(s) sections 12(2)(g), 19(7), 20(10) and 28B(1) and (2)(a) of the [1982 c. 32.] Local Government Finance Act 1982;

(t) paragraph 7(1)(ba) of Schedule 1 to the [1982 c. 41.] Stock Transfer Act 1982;

(u) the definition of “local authority” in section 60(3) of the [1984 c. 28.] County Courts Act 1984;

(v) section 4(e) of the [1985 c. 51.] Housing Act 1985;

(w) the definition of “local authority” in section 106(1) of the [1985 c. 69.] Housing Associations Act 1985;

(x) the definition of “local authority” in section 38 of the [1985 c. 70.] Landlord and Tenant Act 1985;

(y) sections 6(2)(a) and 9(1)(a) of the [1986 c. 10.] Local Government Act 1986;

(z) section 58(1)(a) of the [1987 c. 31.] Landlord and Tenant Act 1987;

(za) section 1(1)(e) of, and Schedule 2 to, the [1988 c. 9.] Local Government Act 1988;

(zb) sections 111(2)(e) and 112(2)(a) of the [1988 c. 41.] Local Government Finance Act 1988;

(zc) paragraph 12(2)(g) of Schedule 1 to the [1988 c. 50.] Housing Act 1988;

(zd) sections 5(1), 21(1)(g), 39(1)(j), 67(3)(i), 101(3)(ea), 155(4)(ea) and 157(6)(g) of the [1989 c. 42.] Local Government and Housing Act 1989;

(ze) the definition of “local authority” in section 252(12) of the [1990 c. 8.] Town and Country Planning Act 1990;

(zf) sections 19(3)(c), 39(1)(b) and 54(3)(f) and (3A)(b) of the [1992 c. 14.] Local Government Finance Act 1992.

Part II Other consequential amendments

Pedlars Act 1871 (c. 96)

2 In section 5 of the Pedlars Act 1871, in paragraph 1 for “of the police district” there shall be substituted “for the police area”.

3 In section 8 of that Act—

(a) for “police district” there shall be substituted “police area”, and

(b) for “such district” there shall be substituted “the area”.

4 In section 9 of that Act for “police district”, in both places where it occurs, there shall be substituted “police area”.

5 In section 21 of that Act for “district” there shall be substituted “police area”.

6 In Schedule 2 to that Act for “police district” in each place where it occurs in Form A and Form B there shall be substituted “police area”.

Parks Regulation Act 1872 (c. 15)

7 In section 7 of the Parks Regulation Act 1872 for “police district” there shall be substituted “police area”.

8 In section 8 of that Act for “of the district” there shall be substituted “for the police area”.

Riot (Damages) Act 1886 (c. 38)

9 In section 2(1) of the Riot (Damages) Act 1886—

(a) for “any police district” there shall be substituted “a police area”, and

(b) for “such district” there shall be substituted “the area”.

10 In section 3 of that Act—

(a) in subsection (1) for “district” there shall be substituted “police area”, and

(b) in subsection (3) for “police district” there shall be substituted “police area”.

11 In section 9 of that Act—

(a) for “police district” there shall be substituted “police area”,

(b) for “the Police Act 1964” there shall be substituted “the Police Act 1996”, and

(c) for “any other district” there shall be substituted “any other police area”.

Local Government Act 1958 (c. 55)

12 In section 60(2) of the Local Government Act 1958 after “Part I of the Police Act 1964” there shall be inserted “or section 32 of the Police Act 1996”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

13 (1) Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.

(2) In subsection (1)—

(a) for “section 35 of the Police Act 1964” there shall be substituted “section 52 of the Police Act 1996”, and

(b) in paragraph (a) for “section 17 of that Act” there shall be substituted “section 28 of that Act”.

(3) In subsection (3) for “sections 35 and 17 of the Police Act 1964” there shall be substituted “sections 52 and 28 of the Police Act 1996”.

Police (Scotland) Act 1967 (c. 77)

14 (1) Section 26 of the Police (Scotland) Act 1967 shall be amended as follows.

(2) In subsection (2)(i) for “section 47 of the Police Act 1964” there shall be substituted “section 64 of the Police Act 1996”.

(3) In subsection (9) for the words from “other than” to “1980” there shall be substituted “other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996”.

15 In section 39(4) of that Act, for “or section 141 of the Criminal Justice and Public Order Act 1994” there shall be substituted “or section 98 of the Police Act 1996”.

Firearms Act 1968 (c. 27)

16 In Schedule 1 to the Firearms Act 1968, in paragraph 5 for “section 51(1) of the Police Act 1964” there shall be substituted “section 89(1) of the Police Act 1996”.

Police Act (Northern Ireland) 1970 (c. 9 (N.I.))

17 In section 14(5) of the Police Act (Northern Ireland) 1970 for “section 141 of the Criminal Justice and Public Order Act 1994” there shall be substituted “section 98 of the Police Act 1996”.

Pensions (Increase) Act 1971 (c. 56)

18 (1) Schedule 2 to the Pensions (Increase) Act 1971 shall be amended as follows.

(2) In paragraph 15—

(a) in sub-paragraph (b) for “section 53C of the Police Act 1964” there shall be substituted “section 97 of the Police Act 1996”,

(b) in sub-paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “section 26(2) of the Police Act 1996”,

(c) in sub-paragraph (c) for “the Police Act 1964” there shall be substituted “the Police Act 1996”, and

(d) for sub-paragraph (d) there shall be substituted—

“(d) was engaged—

(i) on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(ii) on central service pursuant to section 38 of the Police (Scotland) Act 1967. ”

(3) In paragraph 43, for sub-paragraph (b) there shall be substituted—

“(b) section 51 or 52 of the Police Act 1996; ”.

(4) In paragraph 51(a) for “section 10 of the Police Act 1964” there shall be substituted “section 15 of the Police Act 1996”.

Superannuation Act 1972 (c. 11)

19 In section 15(5)(b) of the Superannuation Act 1972 for “section 34 or 35 of the Police Act 1964” there shall be substituted “section 51 or 52 of the Police Act 1996”.

20 Schedule 1 to that Act shall continue to have effect with the following entry (originally inserted by paragraph 7(1) of Schedule 4 to the [1984 c. 60.] Police and Criminal Evidence Act 1984) in the list of “Other Bodies”— “Police Complaints Authority

Local Government Act 1972 (c. 70)

21 In section 94(5)(b) of the Local Government Act 1972 for “or paragraph 26 of Schedule 1B to the Police Act 1964” there shall be substituted “or paragraph 25 of Schedule 2 to the Police Act 1996”.

Overseas Pensions Act 1973 (c. 21)

22 In section 2(2)(d)(i) of the Overseas Pensions Act 1973 for the words from “section 53C(1)(a), (c) or (e)” to “1980)” there shall be substituted “section 97(1)(a), (e) or (g) of the Police Act 1996 (service under section 26 of the Police Act 1996, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980)”.

Juries Act 1974 (c. 23)

23 In Schedule 1 to the Juries Act 1974, in Part I, in Group B—

(a) for the words from “(including” to “1964)” there shall be substituted “(including a person on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996)”,

(b) for “the Police Act 1964”, in the second place where it occurs, there shall be substituted “the Police Act 1996”, and

(c) for “section 10 of the Police Act 1964” there shall be substituted “section 15 of the Police Act 1996”.

House of Commons Disqualification Act 1975 (c. 24)

24 In section 1(3) of the House of Commons Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

25 In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority”, for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

26 In Schedule 3 to the Salmon and Freshwater Fisheries Act 1975, in Part III, in paragraph 39(1)(c) for “section 15 of the Police Act 1964” there shall be substituted “section 25 of the Police Act 1996”.

Sex Discrimination Act 1975 (c. 65)

27 (1) Section 17 of the Sex Discrimination Act 1975 shall be amended as follows.

(2) In subsection (2) for “section 33, 34 or 35 of the Police Act 1964” there shall be substituted “section 50, 51 or 52 of the Police Act 1996”.

(3) In subsection (7) for “the Police Act 1964”, in each place where it occurs, there shall be substituted “the Police Act 1996”.

(4) In subsection (8)—

(a) for “the Police Act 1964” there shall be substituted “the Police Act 1996”, and

(b) for “sections 33, 34 and 35” there shall be substituted “sections 50, 51 and 52”.

Police Pensions Act 1976 (c. 35)

28 Section 1(1) of the [1980 c. 10.] Police Pensions Act 1976 shall continue to have effect with a reference to the Police Negotiating Board for the United Kingdom substituted for the reference to the Police Council for the United Kingdom (the substitution originally made by section 2(3) of the [1980 c. 10.] Police Negotiating Board Act 1980).

29 (1) Section 7(2) of that Act shall be amended as follows.

(2) In paragraph (ba) for “section 15A(2) of the Police Act 1964” there shall be substituted “section 26(2) of the Police Act 1996”.

(3) In paragraph (bb) for “section 53C of the Police Act 1964” there shall be substituted “section 97 of the Police Act 1996”.

30 (1) Section 11 of that Act (interpretation) shall be amended as follows.

(2) In subsection (1)—

(a) in paragraph (aa) for “section 15A(2) of the Police Act 1964” there shall be substituted “section 26(2) of the Police Act 1996”,

(b) in paragraph (ab) for “section 53C of the Police Act 1964” there shall be substituted “section 97 of the Police Act 1996”, and

(c) for paragraph (c) there shall be substituted—

“(c) central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) section 38A of the Police (Scotland) Act 1967 have effect. ”.

(3) In subsection (2) for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

(4) In subsection (3) for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

(5) In subsection (5) for the definition of “central service” there shall be substituted—

““central service”—

(a) means relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(b) has the meaning given in section 38(5) of the Police (Scotland) Act 1967,

(as the case may require). ”

Race Relations Act 1976 (c. 80)

31 In section 16(5) of the Race Relations Act 1976, in the definition of “the Police Act”, for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

Interpretation Act 1978 (c. 30)

32 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “police area” etc., for “section 62 of the Police Act 1964” there shall be substituted “section 101(1) of the Police Act 1996”.

Finance Act 1981 (c. 35)

33 In section 107(3)(k) of the Finance Act 1981 for “section 62 of the Police Act 1964” there shall be substituted “section 101(1) of the Police Act 1996”.

Police and Criminal Evidence Act 1984 (c. 60)

34 In section 5(1) of the Police and Criminal Evidence Act 1984 for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or ”.

35 In section 50(2) of that Act for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or ”.

36 In section 55(14) of that Act for paragraph (a) there shall be substituted—

“(a) under section 22 of the Police Act 1996; or ”.

37 In section 64(6B) of that Act—

(a) the definition of “chief officer of police” shall be omitted, and

(b) in the definition of “the responsible chief officer of police” after “whose” there shall be inserted “police”.

38 In section 77(3) of that Act, in the definition of “police purposes”, for “section 64 of the Police Act 1964” there shall be substituted “section 101(2) of the Police Act 1996”.

Prosecution of Offences Act 1985 (c. 23)

39 In section 3(3) of the Prosecution of Offences Act 1985, in the definition of “police force”, for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

Housing Act 1985 (c. 68)

40 In Schedule 1 to the Housing Act 1985, in paragraph 2(2), for “section 33 of the Police Act 1964” there shall be substituted “section 50 of the Police Act 1996”.

Ministry of Defence Police Act 1987 (c. 4)

41 In section 1(2)(a) of the Ministry of Defence Police Act 1987 for “the Police Act 1964” there shall be substituted “the Police Act 1996”.

Football Spectators Act 1989 (c. 37)

42 In section 14(7) of the Football Spectators Act 1989 for “section 41 of the Police Act 1964” there shall be substituted “section 57 of the Police Act 1996”.

Aviation and Maritime Security Act 1990 (c. 31)

43 In section 22(4)(b)(i) of the Aviation and Maritime Security Act 1990 for “section 96(1) of the Police and Criminal Evidence Act 1984” there shall be substituted “section 78(1) of the Police Act 1996”.

Local Government Act 1992 (c. 19)

44 In section 17(6) of the Local Government Act 1992 for “at the commencement of section 1 of the Police and Magistrates' Courts Act 1994” there shall be substituted “on 1st April 1995”.

Tribunals and Inquiries Act 1992 (c. 53)

45 In section 7 of the Tribunals and Inquiries Act 1992, in subsection (2), after “36(a),” there shall be inserted “36A,”.

46 In Schedule 1 to that Act, in Part I, after paragraph 36 there shall be inserted—

“Police

36A. An appeals tribunal constituted in accordance with Schedule 6 to the Police Act 1996 (c. 00).”

Criminal Appeal Act 1995 (c. 35)

47 In section 22(2)(c) of the Criminal Appeal Act 1995 for “section 2 of the Police Act 1964” there shall be substituted “section 2 of the Police Act 1996”.