SCHEDULES
Section 1.
SCHEDULE 1E+W Police areas
England (except London)E+W
Name of police area | Extent |
---|
Avon and Somerset | The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire |
Bedfordshire | The county of Bedfordshire and the non-metropolitan district of Luton |
Cambridgeshire | The county of Cambridgeshire [and the non-metropolitan district of Peterborough] |
Cheshire | The county of Cheshire [and the non-metropolitan districts of Halton and Warrington] |
Cleveland | The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees |
Cumbria | The county of Cumbria |
Derbyshire | The county of Derbyshire and the non-metropolitan district of Derby |
Devon and Cornwall | The counties of Devon and Cornwall [, the non-metropolitan districts of Plymouth and Torbay]and the Isles of Scilly |
Dorset | The county of Dorset and the non-metropolitan districts of Bournemouth and Poole |
Durham | The county of Durham and the non-metropolitan district of Darlington |
Essex | The county of Essex [and the non-metropolitan districts of Southend-on-Sea and Thurrock] |
Gloucestershire | The county of Gloucestershire |
Greater Manchester | The metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan |
Hampshire | The counties of Hampshire and Isle of Wight and the non-metropolitan districts of Portsmouth and Southampton |
Hertfordshire | The county of Hertfordshire |
Humberside | The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire |
Kent | The county of Kent [and the non-metropolitan district of Medway Towns] |
Lancashire | The county of Lancashire [and the non-metropolitan districts of Blackburn with Darwen and Blackpool] |
Leicestershire | The county of Leicestershire and the non-metropolitan districts of Leicester and Rutland |
Lincolnshire | The county of Lincolnshire |
Merseyside | The metropolitan districts of Knowsley, Liverpool, St. Helens, Sefton and Wirral |
Norfolk | The county of Norfolk |
Northamptonshire | The county of Northamptonshire |
Northumbria | The county of Northumberland and the metropolitan districts of Gateshead, Newcastle upon Tyne, North Tyneside, South Tyneside and Sunderland |
North Yorkshire | The county of North Yorkshire and the non-metropolitan district of York |
Nottinghamshire | The county of Nottinghamshire [and the non-metropolitan district of Nottingham] |
South Yorkshire | The metropolitan districts of Barnsley, Doncaster, Rotherham and Sheffield |
Staffordshire | The county of Staffordshire and the non-metropolitan district of Stoke-on-Trent |
Suffolk | The county of Suffolk |
Surrey | The county of Surrey |
Sussex | The counties of East Sussex and West Sussex and the non-metropolitan district of Brighton and Hove |
Thames Valley | The counties of Berkshire, Buckinghamshire and Oxfordshire and the non-metropolitan district of Milton Keynes |
Warwickshire | The county of Warwickshire |
West Mercia | The counties of . . . Shropshire [and Worcestershire and the non-metropolitan districts of Herefordshire and The Wrekin] |
West Midlands | The metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton |
West Yorkshire | The metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield |
Wiltshire | The county of Wiltshire and the non-metropolitan district of Thamesdown |
WalesE+W
Name of police area | Extent |
---|
Dyfed Powys | The counties of [Ceredigion], Carmarthenshire, Pembrokeshire and Powys |
Gwent | The county of Monmouthshire and the county boroughs of Blaenau Gwent, Caerphilly, Newport and Torfaen |
North Wales | [The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.] |
South Wales | The counties of Cardiff and Swansea and the county boroughs of Bridgend, Merthyr Tydfil, [Neath Port Talbot], Rhondda, Cynon, Taff and the Vale of Glamorgan |
Section 4
[SCHEDULE 2U.K.Police authorities established under section 3
Membership of police authoritiesU.K.
1(1)The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3.U.K.
(2)Regulations under this paragraph shall provide for a police authority to consist of—
(a)persons who are members of a relevant council, and
(b)other persons, including at least one lay justice.
(3)Those regulations shall—
(a)specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and
(b)secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph.
(4)Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description.
(5)Those regulations may include provision as to—
(a)how a member is to be appointed;
(b)disqualification for membership;
(c)the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(d)re-appointment as a member;
(e)the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;
(f)the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;
(g)the payment of remuneration and allowances to a member and the reimbursement of expenses.
Appointment of councillor membersU.K.
2U.K.Regulations under paragraph 1 shall provide that—
(a)in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council;
(b)in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.
Appointment of other membersU.K.
3(1)Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed—U.K.
(a)by the existing members of the authority,
(b)from among persons on a short-list prepared by a selection panel.
(2)Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.
(3)Those regulations may include provision as to—
(a)the number of members of a selection panel;
(b)how and by whom a member of a panel is to be appointed;
(c)disqualification for membership;
(d)the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(e)re-appointment as a member of a panel;
(f)the conduct of proceedings of a panel, including any procedures that a panel is to follow;
(g)the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;
(h)the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;
(i)the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.
Chairman and vice chairmenU.K.
4(1)The Secretary of State shall by regulations provide that—U.K.
(a)a police authority is to appoint a chairman from among its members at each annual meeting; and
(b)at an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
(2)Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—
(a)qualification and disqualification for appointment;
(b)the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
(c)eligibility for re-appointment;
(d)the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
(e)the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
(f)the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.
Standards committeesU.K.
5U.K.The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.
ConsultationU.K.
6U.K.Before making regulations under this Schedule the Secretary of State shall consult—
(a)the Association of Police Authorities,
(b)persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,
(c)in the case of regulations that are not to apply to all police authorities established under section 3—
(i)any police authority to which the regulations are to apply, and
(ii)any relevant council in relation to such an authority,
and
(d)such other persons as he thinks fit.
SupplementaryU.K.
7(1)Regulations under this Schedule may make different provision for different police authorities.U.K.
(2)Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.
(3)A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
InterpretationU.K.
8(1)For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for—U.K.
(a)a county, or
(b)a district comprised in an area for which there is no county council,
which constitutes, or is wholly within, the authority's police area.
(2)For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area.
9U.K.In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.]
Section 5C
[SCHEDULE 2AU.K.The Metropolitan police authority
Membership of AuthorityU.K.
1(1)The Secretary of State shall by regulations make provision in relation to the membership of the Metropolitan Police Authority.U.K.
(2)Regulations under this paragraph shall provide for the Authority to consist of—
(a)persons appointed from among the persons specified in sub-paragraph (3), and
(b)other persons, including at least one lay justice.
(3)The persons referred to in sub-paragraph (2)(a) are—
(a)the Mayor of London, and
(b)members of the London Assembly.
(4)Regulations under this paragraph shall—
(a)specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and
(b)secure that the majority of members of the Authority are persons falling within paragraph (a) of that sub-paragraph.
(5)Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of the Authority to be persons of a specified description.
(6)Those regulations may include provision as to—
(a)how a member is to be appointed;
(b)disqualification for membership;
(c)the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(d)re-appointment as a member;
(e)the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;
(f)the validity of proceedings of the Authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the Authority;
(g)the payment of remuneration and allowances to a member and the reimbursement of expenses.
Appointment of members from London Assembly etcU.K.
2U.K.Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London.
Appointment of other membersU.K.
3(1)Regulations under paragraph 1 shall provide that—U.K.
(a)one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and
(b)the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel.
(2)Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.
(3)Those regulations may include provision as to—
(a)the number of members of a selection panel;
(b)how and by whom a member of a panel is to be appointed;
(c)disqualification for membership;
(d)the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(e)re-appointment as a member of a panel;
(f)the conduct of proceedings of a panel, including any procedures that a panel is to follow;
(g)the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;
(h)the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;
(i)the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.
Chairman and vice chairmenU.K.
4(1)The Secretary of State shall by regulations provide that—U.K.
(a)if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman;
(b)if not, the Mayor of London is to appoint a chairman from among the members of the Authority.
(2)The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority.
(3)Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—
(a)qualification and disqualification for appointment;
(b)the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
(c)eligibility for re-appointment;
(d)the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
(e)the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
(f)the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.
Standards committeesU.K.
5U.K.The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority's standards committee.
ConsultationU.K.
6U.K.Before making any regulations under this Schedule, the Secretary of State shall consult—
(a)the Metropolitan Police Authority,
(b)the Association of Police Authorities,
(c)the Greater London Authority,
(d)persons whom he considers to represent the interests of London boroughs, and
(e)such other persons as he thinks fit.
SupplementaryU.K.
7(1)Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.U.K.
(2)A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
InterpretationU.K.
8U.K.In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.]
Section 4.
SCHEDULE 3E+W Police authorities: selection of independent members
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3AU.K.Police authorities: selection of lay justice members
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[SCHEDULE 4U.K. Form of Declaration
’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’]
Section 66.
SCHEDULE 5E+W+S The Police Complaints Authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 85.
SCHEDULE 6E+W Appeals to police appeals tribunals
Modifications etc. (not altering text)
Police appeals tribunalsE+W
1(1)In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—E+W
(a)one shall be a person chosen from a list of persons who have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 and have been nominated by the Lord Chancellor for the purposes of this Schedule,
(b)one shall be a member of a police authority, other than the relevant police authority, and
(c)one shall be a person who—
(i)is (or has within the previous five years been) an Inspector of Constabulary, or
(ii)has within the previous five years been (and is no longer) the Commissioner of Police of the Metropolis.
(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.
2(1)In the case of an appeal by a member of a police force who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—E+W
(a)one shall be a person chosen from the list referred to in paragraph 1(1)(a),
(b)one shall be a member of the authority . . .,
(c)one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief officers of police, other than a person who is (or has at any time been) the chief officer of police of the force maintained by the relevant police authority, and
(d)one shall be a retired officer of appropriate rank.
(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.
Notice of appealE+W
3E+WAn appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85.
RespondentE+W
4E+WOn any appeal the respondent shall be such person as may be prescribed by rules made under section 85.
Casting voteE+W
5E+WWhere there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.
HearingE+W
6(1)A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.E+W
(2)Where a hearing is held, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.
Effect of ordersE+W
7(1)Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.E+W
(2)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.
(3)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
Remuneration and expensesE+W
8E+WMembers of a police appeals tribunal shall be—
(a)paid such remuneration, and
(b)reimbursed for such expenses,
as the Secretary of State may determine.
CostsE+W
9(1)An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the relevant police authority.E+W
(2)Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the relevant police authority.
InterpretationE+W
10E+WIn this Schedule—
(a)“senior officer” means a member of a police force holding a rank above that of [chief] superintendent,
(b)“relevant police authority” means the police authority which maintains the police force of which the appellant is a member, and
(c)“retired officer of appropriate rank” means—
(i)where the appellant was, immediately before the proceedings, of the rank of [chief superintendent or] superintendent, a retired member of a police force who at the time of his retirement was of [one of those ranks], and
(ii)in any other case a retired member of a police force who at the time of his retirement was of the rank of chief inspector or below.
Section 103.
SCHEDULE 7U.K. Consequential amendments
Part IU.K. 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 ”.U.K.
(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 Trustee Investments Act 1961;
(b)sections 2(6) and 8(1) of the Local Government (Records) Act 1962;
(c)section 11(2) of the Local Government Act 1966;
(d)section 28(5)(a) of the Leasehold Reform Act 1967;
(e)section 1(3) of the Local Government Grants (Social Need) Act 1969;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the definition of “public body" in section 1(4) of the 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 Local Government Act 1972;
(i)section 13(7)(f) of the Employment Agencies Act 1973;
(j)section 25(1)(ca) of the Local Government Act 1974;
(k)paragraph (a) of the definition of “local authority" in section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976;
(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)section 5(3)(baa) of the Rent (Agriculture) Act 1976;
(n)section 14(caa) of the Rent Act 1977;
(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p)paragraphs (a)(i) and (aa) of the definition of “local authority" in section 20(1) of the 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 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 Local Government (Miscellaneous Provisions) Act 1982;
(s). . .
(t)paragraph 7(1)(ba) of Schedule 1 to the Stock Transfer Act 1982;
(u)the definition of “local authority" in section 60(3) of the County Courts Act 1984;
(v)section 4(e) of the Housing Act 1985;
(w)the definition of “local authority" in section 106(1) of the Housing Associations Act 1985;
(x)the definition of “local authority" in section 38 of the Landlord and Tenant Act 1985;
(y)sections 6(2)(a) and 9(1)(a) of the Local Government Act 1986;
(z)section 58(1)(a) of the Landlord and Tenant Act 1987;
(za)section 1(1)(e) of, and Schedule 2 to, the Local Government Act 1988;
(zb)sections 111(2)(e) and 112(2)(a) of the Local Government Finance Act 1988;
(zc)paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988;
(zd)sections 5(1), 21(1)(g), ... 67(3)(i), 101(3)(ea), 155(4)(ea) and 157(6)(g) of the Local Government and Housing Act 1989;
(ze)the definition of “local authority" in section 252(12) of the Town and Country Planning Act 1990;
(zf)sections 19(3)(c), 39(1)(b) . . .of the Local Government Finance Act 1992.
Textual Amendments
Marginal Citations
Part IIU.K. Other consequential amendments
Pedlars Act 1871 (c. 96)E+W+S
2E+W+SIn section 5 of the Pedlars Act 1871, in paragraph 1 for “of the police district” there shall be substituted “ for the police area ”.
3E+W+SIn 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 ”.
4E+W+SIn section 9 of that Act for “police district”, in both places where it occurs, there shall be substituted “ police area ”.
5E+W+SIn section 21 of that Act for “district” there shall be substituted “ police area ”.
6E+W+SIn 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)U.K.
7U.K.In section 7 of the Parks Regulation Act 1872 for “police district” there shall be substituted “ police area ”.
8U.K.In section 8 of that Act for “of the district” there shall be substituted “ for the police area ”.
Riot (Damages) Act 1886 (c. 38)E+W
9E+WIn 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 ”.
10E+WIn 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 ”.
11E+WIn 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)E+W
12E+WIn 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)U.K.
13(1)Section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.U.K.
(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)S
14(1)Section 26 of the Police (Scotland) Act 1967 shall be amended as follows.S
(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 ”.
15SIn 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)E+W+S
16E+W+SIn 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.))N.I.
17N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions (Increase) Act 1971 (c. 56)E+W+S
18(1)Schedule 2 to the Pensions (Increase) Act 1971 shall be amended as follows.E+W+S
(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)U.K.
19E+W+SIn 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 ”.
20U.K.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 Police and Criminal Evidence Act 1984) in the list of “Other Bodies”— “ Police Complaints Authority ”.
Local Government Act 1972 (c. 70)E+W
21E+WIn 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)U.K.
22U.K.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)E+W
23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House of Commons Disqualification Act 1975 (c. 24)U.K.
24U.K.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)N.I.
25U.K.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)E+W
26E+WIn 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)E+W+S
27(1)Section 17 of the Sex Discrimination Act 1975 shall be amended as follows.E+W
(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)E+W+S
28E+W+SSection 1(1) of the 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 Police Negotiating Board Act 1980).
29(1)Section 7(2) of that Act shall be amended as follows.E+W+S
(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.E+W+S
(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. 74)E+W+S
31E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation Act 1978 (c. 30)U.K.
32U.K.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)U.K.
33U.K.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)E+W
34E+WIn 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”.
35E+WIn section 50(2) of that Act for paragraph (a) there shall be substituted—
“(a)under section 22 of the Police Act 1996; or”.
36E+WIn section 55(14) of that Act for paragraph (a) there shall be substituted—
“(a)under section 22 of the Police Act 1996; or”.
37E+WIn 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 ”.
38E+WIn 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)E+W
39E+WIn 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)E+W
40E+WIn 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)U.K.
41U.K.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)E+W
42 E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aviation and Maritime Security Act 1990 (c. 31)U.K.
43U.K.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)E+W+S
44E+W+SIn 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)U.K.
45U.K.In section 7 of the Tribunals and Inquiries Act 1992, in subsection (2), after “36(a),” there shall be inserted “ 36A, ”.
46U.K.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)U.K.
47U.K.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 ”.
Section 103.
SCHEDULE 8U.K. Transitional provisions, savings etc.
Part IU.K. General Provisions
Continuity of the lawU.K.
1(1)The repeal (or revocation) and re-enactment of provisions in this Act does not affect the continuity of the law.U.K.
(2)Any subordinate legislation made or other thing done, or having effect as if done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.
(3)Any reference (express or implied) in this Act or any other enactment or in any instrument or document—
(a)to any provision of this Act, or
(b)to things done or falling to be done under or for the purposes of any provision of this Act,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—
(i)to that corresponding provision, or
(ii)to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
(4)Any reference (express or implied) in any enactment or in any instrument or document—
(a)to any provision repealed and re-enacted by this Act, or
(b)to things done or falling to be done under or for the purposes of any such provision,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—
(i)to that corresponding provision, or
(ii)to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
(5)Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
(6)Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).
(7)This paragraph is to be read subject to the provisions of any order made under section 104 or under paragraph 11 below.
Modifications etc. (not altering text)
Marginal Citations
General saving for old transitional provisions and savingsU.K.
2U.K.The repeal by this Act of any provision of Part II of Schedule 4 to the Police and Criminal Evidence Act 1984, or any other transitional provision or saving relating to the coming into force of a provision reproduced in this Act, does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.
3U.K.The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.
Use of existing forms, etc.U.K.
4U.K.Any reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.
Part IIE+W+S Provisions relating to particular enactments
Pedlars Act 1871E+W+S
5E+W+SAny reference to a police district contained in—
(a)an application for a pedlar’s certificate under the Pedlars Act 1871 made before the commencement of paragraphs 2 to 6 of Schedule 7 to this Act, or
(b)a pedlar’s certificate granted under that Act before that commencement,
shall on and after that commencement be read as if it were a reference to the equivalent police area.
Savings relating to the Police Act 1964E+W+S
6E+WNotwithstanding the repeal by this Act of subsection (4) of section 58 of the Police Act 1964 (provision made by regulations for chief constables affected by amalgamations or reorganisations not to be less favourable than that under the Police Pensions Act 1976), that subsection shall continue to have effect in relation to any person who was the chief constable of a police force on 1st July 1964 and became a member of another police force by virtue of that section.
7E+W+SNotwithstanding the repeal by this Act of subsection (4) of section 64 of that Act (power to make consequential amendments to local Acts by order), any local enactment which immediately before the coming into force of that repeal had effect with modifications by virtue of an order made under that subsection shall continue to have effect with those modifications.
Saving for transitional provisions under the Police and Magistrates’ Courts Act 1994E+W
8E+WWithout prejudice to the generality of paragraph 1(4) above, any transitional provision which—
(a)is contained in an order made under section 94(1) of the Police and Magistrates’ Courts Act 1994, and
(b)relates to the coming into force of a provision of that Act reproduced in this Act,
shall, in so far as it remains capable of having effect, continue to operate in relation to the corresponding provision of this Act.
Police areasE+W
9E+WFor the period beginning with the commencement of Schedule 1 to this Act and ending on 31st March 1997, that Schedule shall have effect as if—
(a)for the entry in the second column opposite the name of the Bedfordshire police area there were substituted—
| “The county of Bedfordshire”, |
(b)for the entry in that column opposite the name of the Derbyshire police area there were substituted—
| “The county of Derbyshire”, |
(c)for the entry in that column opposite the name of the Dorset police area there were substituted—
(d)for the entry in that column opposite the name of the Durham police area there were substituted—
(e)for the entry in that column opposite the name of the Hampshire police area there were substituted—
| “The counties of Hampshire and Isle of Wight”, |
(f)for the entry in that column opposite the name of the Leicestershire police area there were substituted—
| “The county of Leicestershire”, |
(g)for the entry in that column opposite the name of the Staffordshire police area there were substituted—
| “The county of Staffordshire”, |
(h)for the entry in that column opposite the name of the Sussex police area there were substituted—
| “The counties of East Sussex and West Sussex”, |
(i)for the entry in that column opposite the name of the Thames Valley police area there were substituted—
| “The counties of Berkshire, Buckinghamshire and Oxfordshire”, |
(j)for the entry in that column opposite the name of the Wiltshire police area there were substituted—
| “The county of Wiltshire”. |
10E+WNotwithstanding the repeal by this Act of sections 21A and 21C of the Police Act 1964 (power to amend Welsh police areas in relation to the Welsh local government reorganisation), any order made under section 21A of that Act shall continue to have effect.
Part IIIE+W+S Provisions relating to complaints and discipline
Modification of enactments pending commencement of new discipline proceduresE+W+S
11(1)Until such day as the Secretary of State may by order appoint, the provisions of this Act mentioned in sub-paragraphs (2) and (3) shall have effect subject to the modifications set out in those sub-paragraphs.E+W+S
(2)Section 59 shall have effect as if—
(a)in subsection (2) for “proceedings brought under regulations made in accordance with section 50(3) above or section 26(2A) of the Police (Scotland) Act 1967” there were substituted “ disciplinary proceedings ”, and
(b)in subsection (3) for “a police appeals tribunal” there were substituted “ the Secretary of State ”.
(3)Section 91(1) shall have effect as if after “services” there were inserted “ or to commit breaches of discipline ”.
(4)Subsections (3) to (5) of section 104 shall have effect in relation to an order under this paragraph as they have effect in relation to an order under that section.
Subordinate Legislation Made
Extent Information
Modification of section 81E+W
12E+WUntil such day as the Lord Chancellor may appoint under section 16(2) of the Civil Evidence Act 1995 (commencement orders) for the commencement of paragraph 9(3) of Schedule 1 to that Act, section 81 of this Act shall have effect as if for subsection (3) there were substituted—
“(3)In this section “document” has the same meaning as in Part I of the Civil Evidence Act 1968.”
Saving for complaints procedures established for other bodies of constablesE+W
13E+WThe coming into force of any provision of Part IV of this Act which re-enacts a provision of Part IX of the Police and Criminal Evidence Act 1984 (police complaints), as amended by the Police and Magistrates’ Courts Act 1994, shall not affect any procedures established by virtue of section 96 of the 1984 Act (constabularies maintained by authorities other than police authorities) before that provision comes into force.
Section 103.
SCHEDULE 9U.K. Repeals and revocations
Part IU.K. Repeals: general
Chapter | Short title | Extent of repeal |
---|
23 Geo. 5 c. 12. | Children and Young Persons Act 1933. | In section 107(1), in the definition of “Chief officer of police” the words “as regards England has the same meaning as in the Police Act 1964,”. |
1964 c. 48. | The Police Act 1964. | The whole Act (except sections 37 and 60 to 65, Schedule 5 and the provisions of Schedule 9 other than the entry relating to the Children and Young Persons Act 1933). |
1967 c. 77. | The Police (Scotland) Act 1967. | In Schedule 4, the paragraphs under the heading “The Police Act 1964”. |
1971 c. 56. | Pensions (Increase) Act 1971. | In Schedule 2, in paragraph 51 the words “other than a local authority”. |
1972 c. 39. | The Police Act 1972. | The whole Act. |
1972 c. 70. | The Local Government Act 1972. | Section 196. |
1976 c. 35. | The Police Pensions Act 1976. | In Schedule 2, paragraph 5. |
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 1, paragraph 18. In Schedule 6, the entry headed “Police Act 1964”. |
1980 c. 10. | The Police Negotiating Board Act 1980. | The whole Act. |
1982 c. 48. | The Criminal Justice Act 1982. | In Schedule 3, the entry headed “the Police Act 1964”. |
1984 c. 60. | The Police and Criminal Evidence Act 1984. | In section 64(6B), the definition of “chief officer of police” and the word “and” immediately after it. Sections 106, 109 and 112. |
1988 c. 41. | The Local Government Finance Act 1988. | Sections 64(7)(e) and (f) and 144(4). |
1989 c. 11. | The Police Officers (Central Service) Act 1989. | Sections 1 and 3. The Schedule. |
1994 c. 29. | The Police and Magistrates Courts Act 1994. | Sections 1 to 26, 28, 29, 32, 34 to 38, 45 and 95. |
| | Schedules 1 to 3. |
| | In Schedule 4, paragraph 6. |
| | In Schedule 5, paragraphs 1 to 16, 21, 22, 24(b), 25 to 28, 31 to 34, 39(a) and 40(2). |
| | In Schedule 9, in Part I, the entries relating to sections 53(1), 60(1) and 60(2) of the Police Act 1964. |
| | In Schedule 9, in Part I, the entries relating to the Police and Criminal Evidence Act 1984 (except for the entries relating to section 108 of, and Schedules 4 and 6 to, that Act). |
| | In Schedule 9, in Part I, the entry relating to the Courts and Legal Services Act 1990. |
1994 c. 33. | The Criminal Justice and Public Order Act 1994. | Section 141. Section 160(1). In Schedule 10, paragraphs 13, 14, 17 and 27. |
Part IIU.K. Repeals consequential on new discipline and complaints procedures
Chapter | Short title | Extent of repeal |
---|
1964 c. 48. | The Police Act 1964. | Section 37. Sections 60 to 62. Section 64 (except subsection (2)). Section 65(2) to (4). Schedule 5. |
1984 c. 60. | The Police and Criminal Evidence Act 1984. | Section 67(8). Sections 83 to 105. Schedule 4. |
1990 c. 41. | The Courts and Legal Services Act 1990. | In Schedule 10, paragraph 22. |
1994 c. 29. | The Police and Magistrates’ Courts Act 1994. | In Schedule 5, in paragraph 24 the opening words and sub-paragraph (a). In Schedule 5, paragraphs 29, 30 and 36. |
Part IIIU.K. Revocations
Number | Title | Extent of revocation |
---|
S.I. 1995/493 | The Avon (Structural Change) Order 1995. | Article 13. |
S.I. 1995/600 | The Humberside (Structural Change) Order 1995. | Article 11. |
S.I. 1995/610 | The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995. | Article 12. |
S.I. 1995/1747 | The Cleveland (Further Provision) Order 1995. | Article 4. |
S.I. 1995/1769 | The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1770 | The East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995. | Article 7. |
S.I. 1995/1771 | The Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1772 | The Durham (Borough of Darlington) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1773 | The Derbyshire (City of Derby) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1774 | The Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1775 | The Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1776 | The Bedfordshire (Borough of Luton) (Structural Change) Order 1995. | Article 5. |
S.I. 1995/1779 | The Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995. | Article 7. |
S.I. 1996/507 | The Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996. | Article 5. |
E+W TABLE OF DERIVATIONS
Notes:E+W
1This Table shows the derivation of the provisions of the Act.
2E+WThe following abbreviations are used in the Table:—
1964 | = Police Act 1964 (c.48) |
1972 | = Police Act 1972 (c.39) |
1980 | = Police Negotiating Board Act 1980 (c.10) |
1984 | = Police and Criminal Evidence Act 1984 (c.60) |
1989 | = Police Officers (Central Service) Act 1989 (c.11) |
1994 | = Police and Magistrates’ Courts Act 1994 (c.29) |
1994 (c.33) | = Criminal Justice and Public Order Act 1994 (c.33) |
Provision | Derivation |
---|
1(1) | 1964 s.1(1); 1994 s.1(1) (part). |
(2) | 1964 s.1(2) (part); 1994 s.1(1) (part). |
(3) | 1964 s.1(3); 1994 s.1(1) (part) |
2 | 1964 s.2; 1994 s.2 (part). |
3 | 1964 s.3; 1994 s.2 (part). |
4 | 1964 s.3A; 1994 s.3(1) (part). |
5(1) | 1964 s.3B(1); 1994 s.3(1) (part). |
(2) | 1964 s.3B(2) (part); 1994 s.3(1) (part). |
(3) | 1964 s.3B(3); 1994 s.3(1) (part). |
6 | 1964 s.4; 1994 s.4 (part). |
7 | 1964 s.4A; 1994 s.4 (part). |
8 | 1964 s.4B; 1994 s.4 (part). |
9 | 1964 s.4C; 1994 s.4 (part). |
10 | 1964 s.5; 1994 s.5 (part). |
11 | 1964 s.5A; 1994 s.5 (part). |
12(1) | 1964 s.6(1) (part); 1994 s.6 (part). |
(2) to (6) | 1964 s.6(2) to (6); 1994 s.6 (part). |
13(1) | 1964 s.7(1); 1994 s.7. |
(2) | 1964 s.6(1) (part); 1994 s.6 (part). |
(3) | 1964 s.7(2). |
14 | 1964 s.8; 1994 s.8. |
15 | 1964 s.10; 1994 s.10. |
16 | 1964 s.10A; 1994 s.11 (part). |
17 | 1964 s.10B; 1994 s.11 (part). |
18 | 1964 s.8A; 1994 s.9. |
19 | 1994 s.28. |
20 | 1964 s.11; 1994 s.12. |
21 | 1994 s.45; drafting. |
22(1) | 1964 s.12(1); 1994 Sch.5 para.1(1), (2). |
(2) | 1964 s.12(1A); 1994 Sch.5 para.1(1), (3). |
(3) | 1964 s.12(2). |
(4) | 1964 s.12(2A); 1994 Sch.5 para.1(1), (5). |
(5) | 1964 s.12(3). |
(6) | 1964 s.12(3A); 1994 Sch.5 para.1(1), (6). |
(7) | 1964 s.12(4). |
23(1) | 1964 s.13(1); 1994 Sch.5 para.2(1), (2). |
(2) to (6) | 1964 s.13(2) to (6). |
(7) | 1964 s.13(7); 1994 Sch.5 para.2(1), (3). |
24 | 1964 s.14. |
25 | 1964 s.15. |
26 | 1964 s.15A; 1994 s.13. |
27(1) | 1964 s.16(1). |
(2) | 1964 s.16(2) (part). |
28(1) | 1964 s.17(1). |
(2) | 1964 s.17(2) (part). |
(3), (4) | 1964 s.17(3), (4). |
29 | 1964 s.18. |
30(1) | 1964 s.19(1); 1994 (c.33) s.160(1) (part). |
(2) | 1964 s.19(2); 1994 (c.33) s.160(1) (part). |
(3) | 1964 s.19(3); Local Government Act 1972 (c.70) s.196(1), (5); 1994 Sch.5 para.4. |
(4) | 1964 s.19(4). |
(5) | 1964 s.19(5A); 1994 (c.33) s.160(1) (part). |
(6) | 1964 s.19(6) (part); drafting. |
31 | 1964 s.20. |
32 | 1964 s.21; 1994 s.14 (part). |
33 | 1964 s.21B; 1994 s.14 (part). |
34(1) | 1964 s.21C(1) (part); 1994 s.14 (part). |
(2) | 1964 s.21C(2) (part); 1994 s.14 (part). |
(3), (4) | 1964 s.21C(3), (4); 1994 s.14 (part). |
(5) | 1964 s.21C(5) (part); 1994 s.14 (part). |
35 | 1964 s.26(1). |
36 | 1964 s.28; 1994 Sch.5 para.6. |
37 | 1964 s.28A; 1994 s.15 (part). |
38 | 1964 s.28B; 1994 s.15 (part). |
39 | 1964 s.28C; 1994 s.15 (part). |
40 | 1964 s.28D; 1994 s.15 (part). |
41 | 1994 s.29. |
42(1) | 1964 s.29(1); 1994 Sch.5 para.7(1), (2). |
(2) | 1964 s.29(2); 1994 Sch.5 para.7(1), (3). |
(3) | 1964 s.29(3). |
(4) | 1964 s.29(4). |
43 | 1964 s.29A; 1994 s.16. |
44(1) | 1964 s.30(1). |
(2), (3) | 1964 s.30(1A), (1B); 1994 Sch.5 para.8(1), (2). |
(4) | 1964 s.30(2); 1994 Sch.5 para.8(1), (3). |
(5) | 1964 s.30(3). |
45 | 1964 s.54. |
46 | 1964 s.31; 1994 s.17 (part). |
47 | 1964 s.31A; 1994 s.17 (part). |
48 | 1964 s.31B; 1994 s.17 (part). |
49(1), (2) | 1964 s.32(1), (2). |
(3) | 1964 s.32(3); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Local Government Act 1933 s.290(2), (3)). |
(4), (5) | 1964 s.32(4), (5). |
50(1) | 1964 s.33(1). |
(2) | 1964 s.33(2); 1994 s.18(1), (2). |
(3) | 1964 s.33(3); 1994 s.18(1), (3) (part). |
(4) | 1964 s.33(3A); 1994 s.18(1), (3) (part). |
(5) | 1964 s.33(4). |
(6) | 1964 s.33(4A); 1994 s.18(1), (4). |
(7) | 1964 s.33(5). |
(8) | 1964 s.33(6). |
51 | 1964 s.34. |
52 | 1964 s.35. |
53 | 1964 s.36. |
54(1) | 1964 s.38(1). |
(2) | 1964 s.38(2); 1994 s.20(1), (2). |
(3) | 1964 s.38(3); 1994 s.20(1), (3). |
(4), (5) | 1964 s.38(4), (5). |
55 | 1964 s.38A; 1994 s.21. |
56(1) | 1964 s.39(1); 1994 s.22 (part). |
(2) | 1964 s.39(1A); 1994 s.22 (part). |
(3) | 1964 s.39(2). |
57 | 1964 s.41; 1994 s.23. |
58 | 1964 s.42; 1994 Sch.5 para.9. |
59(1) | 1964 s.44(1); 1984 s.109(a). |
(2) | 1964 s.44(1A); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (2). |
(3) | 1964 s.44(1B); 1984 s.109(b) (part); 1994 Sch.5 para.11(1), (3). |
(4) | 1964 s.44(2) (part). |
(5) | 1964 s.44(2) (part); 1972 s.1(1), (2). |
(6) | 1964 s.44(2A); 1972 s.1(1), (3) (part). |
(7) | 1964 s.44(6) (part). |
60(1) | 1964 s.44(3) (part); 1984 s.109(c). |
(2) | 1964 s.44(3) (part); Police (Scotland) Act 1967 (c.77) Sch.4 (part); Interpretation Act 1978 (c.30) s.17(2)(a) (converts reference to Police Pensions Act 1948). |
(3) | 1964 s.44(4). |
(4), (5) | 1964 s.44(5). |
(6) | 1964 s.44(6) (part). |
61(1) | 1980 s.1(1); 1994 Sch.5 para.21(1), (2). |
(2) | 1980 s.1(2). |
(3) | 1980 s.1(3); 1994 Sch.5 para.21(1), (3). |
(4) | 1980 s.1(4) (part); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670). |
62(1), (2) | 1980 s.2(1), (2). |
(3) | 1980 s.2(3) (part). |
63(1), (2) | 1964 s.46(1), (2). |
(3) | 1964 s.46(3); 1980 s.2(4); 1984 s.100(2). |
64(1), (2) | 1964 s.47(1). |
(3) to (5) | 1964 s.47(2) to (4). |
65 | “the appropriate authority”: 1984 s.84(4) (“the appropriate authority”). “the Authority” 1984 s.83(1) (part). “complaint”: 1984 s.84(4) (“complaint”). “disciplinary proceedings”: 1984 s.84(4) (“disciplinary proceedings”); 1994 Sch.5 para.24 (part). “investigating officer”: drafting. “senior officer”: 1984 s.84(4) (“senior officer”); 1994 Sch.5 para.24 (part). “serious injury”: 1984 s.87(4) (“serious injury”). |
66(1) | 1984 s.83(1) (part), Sch.4 para.2(1). |
(2) | 1984 s.83(2). |
67(1) to (3) | 1984 s.84(1) to (3). |
(4), (5) | 1984 s.84(5), (6). |
68(1) | 1984 s.86(1). |
(2) | 1984 s.86(2); 1994 Sch.5 para.26. |
(3) to (6) | 1984 s.86(3) to (6). |
69(1), (2) | 1984 s.85(1), (2). |
(3) | 1984 s.85(10); 1994 Sch.5 para.25(b). |
(4) | 1984 s.85(4). |
(5) | 1984 s.85(3). |
(6) to (8) | 1984 s.85(5) to (7). |
(9) | 1984 s.85(9). |
70(1) to (3) | 1984 s.87(1) to (3). |
71(1) | 1984 s.88 (part). |
(2) | 1984 s.88 (part); 1994 s.34. |
72(1) | 1984 s.89(1), (2). |
(2), (3) | 1984 s.89(3), (4). |
(4), (5) | 1984 s.89(5). |
73(1) to (4) | 1984 s.89(6) to (9). |
(5) | 1984 s.89(11). |
(6) | 1984 s.89(12); 1994 Sch.5 para.27. |
(7), (8) | 1984 s.89(13), (14). |
(9) | 1984 s.89(10). |
74 | 1984 s.90(1). |
75(1) to (3) | 1984 s.90(2) to (4). |
(4) | 1984 s.90(5); 1994 s.35(1), (4). |
(5) | 1984 s.90(7); 1994 s.35(1), (6). |
(6) | 1984 s.90(9); 1994 s.35(1), (8). |
(7) | 1984 s.90(10) (part); 1994 s.35(1), (9). |
76(1) | 1984 s.93(1); 1994 s.36(1), (2). |
(2) | 1984 s.93(2) (part); 1994 s.36(1), (3). |
(3) | 1984 s.93(3); 1994 s.36(1), (4). |
(4) | 1984 s.93(4). |
(5) | 1984 s.93(5); 1994 s.36(1), (5). |
(6) | 1984 s.93(6); 1994 s.36(1), (6). |
(7) | 1984 s.93(7); 1994 s.36(1), (7). |
77 | 1984 s.95; 1994 Sch.5 para.29. |
78(1) | 1984 s.96(1); 1994 Sch.5 para.30. |
(2) to (4) | 1984 s.96(2) to (4). |
(5) | 1984 s.96(5) (part). |
(6), (7) | 1984 s.96(6), (7). |
79(1) | 1984 s.97(1). |
(2), (3) | 1984 s.97(2). |
(4) | 1984 s.97(3). |
(5), (6) | 1984 s.97(5), (6). |
80 | 1984 s.98. |
81(1) | 1984 s.99(1). |
(2) | 1984 s.99(2); 1994 Sch.5 para.31. |
(3) | 1984 s.118(1) (“document”); Civil Evidence Act 1995 (c.38) Sch.1 para.9(3). |
82(1) | 1984 s.100(1). |
(2), (3) | 1984 s.100(4), (5). |
(4) | 1984 s.100(6); 1994 Sch.5 para.32. |
83(1) | 1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2). |
(2) | 1984 s.105(2) (part). |
(3) | 1984 s.105(3) (part); 1994 Sch.5 para.34(1), (3). |
(4), (5) | 1984 s.105(4) (part), (5) (part). |
84 | 1984 s.102; 1994 Sch.5 para.33. |
85 | 1964 s.37; 1994 s.19(1). |
86(1), (2) | 1984 s.104(3), (4). |
(3) | 1984 s.84(4); 1994 Sch.5 para.24. |
87(1) | 1984 s.105(1) (part); 1994 Sch.5 para.34(1), (2). |
(2) | 1984 s.105(2) to (5) (part); 1994 Sch.5 para.34(1), (3). |
88(1) to (3) | 1964 s.48(1) to (3). |
(4) | 1964 s.48(4) (part). |
(5) | 1964 s.48(4) (part); 1994 (c.33) Sch.10 para.13. |
89(1) | 1964 s.51(1); Criminal Law Act 1977 (c.45) ss.15(1), 30(1), (2), Sch.1 para.18; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1). |
(2) | 1964 s.51(3); Criminal Law Act 1977 (c.45) s.31, Sch.6; Criminal Justice Act 1982 (c.48) ss.37(1), (2), 46(1). |
(3) | 1964 s.51(4); 1994 (c.33) Sch.10 para.14. |
90(1) | 1964 s.52(1); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 39(2), 46(1), Sch.3. |
(2) | 1964 s.52(2); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1). |
(3) | 1964 s.52(3); Criminal Justice Act 1982 (c.48) ss.37(1), (2), 38(1), (6), (8), 46(1). |
(4) | 1964 s.52(4). |
91(1) | 1964 s.53(1); Interpretation Act 1978 (c.30) Sch.1 (“statutory maximum”); Magistrates’ Courts Act 1980 (c.43) s.32(2); Criminal Justice Act 1988 (c.33) Sch.15 para.58(b). |
(2) | 1964 s.53(2). |
92 | 1964 s.53A; 1994 s.24. |
93 | 1964 s.53B; 1994 s.25. |
94 | 1994 s.32. |
95 | 1964 s.56; 1994 Sch.5 para.13. |
96(1) to (4) | 1984 s.106(1) to (4). |
(5) | 1984 s.106(5) to (7). |
(6) to (10) | 1984 s.106(8) to (12). |
97(1)(a) | 1964 s.53C(1)(a); 1994 s.26 (part). |
(b) | 1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part), Sch.5 para.10(1), (3). |
(c) | 1964 ss.43(5) (part), 53C(1)(b) (part); 1994 s.26 (part). |
(d) | 1964 s.43(3C); 1989 s.1(1) (part). |
(e) | 1964 s.53C(1)(c) (part); 1994 s.26 (part). |
(f) | 1964 s.53C(1)(d) (part); 1994 s.26 (part). |
(g) | 1964 s.53C(1)(e) (part); 1994 s.26 (part). |
(2) | 1964 ss.43(5) (part), 53C(2); 1994 s.26 (part). |
(3) | 1964 ss.43(3A) (part), 53C(3); 1989 s.1(1) (part); 1994 s.26 (part), Sch.5 para.10(1), (2). |
(4) to (7) | 1964 s.53C(4) to (7); 1994 s.26 (part). |
(8) | 1964 s.43(3A) (part); 1989 s.1(1) (part). |
(9) | 1964 s.43(3B); 1989 s.1(1) (part). |
98(1) to (6) | 1994 (c.33) s.141(1) to (6). |
(7), (8) | 1994 (c.33) s.141(7) (part). |
(9) | 1994 (c.33) s.141(8). |
99 | 1984 s.112. |
100(1) | 1964 s.58(1); 1994 Sch.5 para.14(1), (2). |
(2) | 1964 s.58(2); 1994 Sch.5 para.14(1), (3). |
(3) | 1964 s.58(3). |
(4) | 1964 s.58(3A); 1994 Sch.5 para.14(1), (4). |
(5) | 1964 s.58(5) (part). |
(6) | 1964 s.58(7). |
101(1) | 1964 s.62; 1994 Sch.5 para.15. |
(2) | 1964 s.64(1). |
102 | 1964 s.60(1); 1984 ss.96(5) (part), 100(3); 1994 s.94(8) (part). |
103 | Drafting. |
104(1), (2) | Drafting. |
(3), (4) | 1994 s.94(4), (5). |
(5) | 1994 s.94(8). |
105 | Drafting. |
106 | Drafting. |
Sch. 1 | 1964 Sch.1A; 1994 s.1(2), Sch.1; Avon (Structural Change) Order 1995 (S.I. 1995/493) Art.13; Humberside (Structural Change) Order 1995 (S.I. 1995/600) Art.11; North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 (S.I. 1995/610) Art.12; Cleveland (Further Provision) Order 1995 (S.I. 1995/1747) Art.4; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Art.5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Art.7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Art.5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Art.5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Art.5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Art.5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Art.5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Art.5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Art.7; Police Areas (Wales) Order 1995 (S.I. 1995/2864) Art.2; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Art.5. |
Sch. 2 |
paras.1 to 26 | 1964 Sch.1B paras.1 to 6, 7 (part), 8 and 10 to 27; 1994 s.3(2), Sch.2 (part). |
para.27 | 1964 s.27 (“magistrate”); Interpretation Act 1978 s.17(2)(a) (converts reference to Justices of the Peace Act 1949). |
Sch. 3 | 1964 Sch.1C; 1994 s.3(2), Sch.2. |
Sch. 4 | 1964 Sch.2. |
Sch. 5 |
Para.1 | 1984 Sch.4 para. 1; 1994 Sch.5 para.36(1), (2). |
Para.2 | 1984 Sch.4 para. 2(2). |
Para.3 | 1984 Sch.4 para.3; 1994 Sch.5 para.36(1), (3). |
Paras. 4 to 6 | 1984 Sch.4 paras.4 to 6. |
Para.7 | 1984 Sch.4 para.7(2). |
Paras.8 to 13. | 1984 Sch.4 paras.8 to 13. |
Sch. 6 | 1964 Sch.5; 1994 s.19(2), Sch.3. |
Sch. 7 |
Paras.1 to 13 | Drafting. |
Para.14 | Drafting; 1980 s.2(4). |
Para.15 | Drafting; 1994 (c.33) Sch.10 para.17. |
Para.16 | Drafting. |
Para.17 | Drafting; 1994 (c.33) Sch.10 para.27. |
Paras.18, 19 | Drafting. |
Para.20 | 1984 Sch.4 para.7(1). |
Paras.21 to 27 | Drafting. |
Para.28 | 1980 s.2(3) (part). |
Paras.29 to 44 | Drafting. |
Paras.45, 46 | 1994 Sch.5 paras.39(a), 40(2). |
Para.47 | Drafting. |
Sch. 8 |
Paras.1 to 8 | Drafting. |
Para.9 | 1964 Sch.1A; 1994 s.1(2), Sch.1; Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 (S.I. 1995/1769) Arts.1 and 5; East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) Arts.1 and 7; Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) Arts.1 and 5; Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) Arts.1 and 5; Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773) Arts.1 and 5; Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 (S.I. 1995/1774) Arts.1 and 5; Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 (S.I. 1995/1775) Arts.1 and 5; Bedfordshire (Borough of Luton) (Structural Change) Order 1995 (S.I. 1995/1776) Arts.1 and 5; Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) Order 1995 (S.I. 1995/1779) Arts.1 and 7; Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 (S.I. 1996/507) Arts.1 and 5. |
Paras.10 to 12 | Drafting. |
Para.13 | 1994 s.38. |
Sch. 9 | Drafting; 1994 s.37. |