SCHEDULES

SCHEDULE 27 Further amendments relating to metropolitan police etc

Section 325.

The Metropolitan Police Act 1829

I11

The following provisions of the M1Metropolitan Police Act 1829 shall cease to have effect—

a

section 1 (establishment of metropolitan police and appointment of Commissioner);

b

section 4 (the metropolitan police district);

c

section 5 (regulations for management of the force);

d

sections 10 to 12 (the Receiver); and

e

section 22 (watchboxes).

The Metropolitan Police Act 1856

2

The following provisions of the M2Metropolitan Police Act 1856 shall cease to have effect—

a

section 2 (appointment of Assistant Commissioners);

b

section 6 (duties of Assistant Commissioners);

c

section 7 (matters which may be done by the Commissioner or an Assistant Commissioner); and

d

section 8 (powers of Assistant Commissioners in case of vacancy or illness of the Commissioner).

The Metropolitan Police (Receiver) Act 1861

I23

The following provisions of the M3Metropolitan Police (Receiver) Act 1861 shall cease to have effect—

a

section 1 (Receiver as corporation sole with power to hold stocks, shares etc);

b

section 5 (power of Receiver to dispose of property etc); and

c

section 9 (construction with previous Acts).

The Metropolitan Police (Receiver) Act 1867

4

Section 1 of the M4Metropolitan Police (Receiver) Act 1867 (accounts) F1shall have effect as if there were inserted, after “Metropolitan Police Act 1829”, the words shall, as regards monies for police purposes, be made up to 2nd July 2000, and as regards monies for other purposes .

The Metropolitan Police Act 1886

I35

The following provisions of the M5Metropolitan Police Act 1886 shall cease to have effect—

a

section 2 (power of Receiver with respect to construction of buildings and purchase of land);

b

section 4 (Receiver: purchase of land);

c

section 6 (approval of Secretary of State for purchases and loans);

d

section 7 (definition of “police receiver”).

The Riot (Damages) Act 1886

6

1

The M6Riot (Damages) Act 1886 shall be amended as follows.

2

In section 9 (definitions) in the definition of the expression “compensation authority”—

a

paragraph (b) (the Receiver, in relation to the metropolitan police district) shall cease to have effect; and

b

in paragraph (c) (the police authority in relation to any other police area) the word “other” shall cease to have effect.

The Metropolitan Police Act 1887

I47

The M7Metropolitan Police Act 1887 shall cease to have effect.

The Metropolitan Police (Receiver) Act 1895

8

The M8Metropolitan Police (Receiver) Act 1895 shall cease to have effect.

The Metropolitan Police Courts Act 1897

9

The M9Metropolitan Police Courts Act 1897 shall cease to have effect.

The Police (Property) Act 1897

10

1

Section 2 of the M10Police Property Act 1897 (regulations with respect to unclaimed property in possession of the police) shall be amended as follows.

2

In subsection (2B) (meaning of “the relevant authority”)—

a

in paragraph (a) (police areas in England and Wales, other than the metropolitan police district) the words “listed in Schedule 1 to the Police Act 1996 or the City of London police area”, and

b

paragraph (b) (in relation to the metropolitan police district, the Receiver),

shall cease to have effect.

The Metropolitan Police Act 1899

I511

Section 1 of the M11Metropolitan Police Act 1899 (which provides for the remuneration of the Commissioner of Police of the Metropolis) shall cease to have effect.

The Police Act 1909

12

In the M12Police Act 1909, section 1 (annual contribution towards expenses of metropolitan police force in respect of services rendered for imperial and national purposes) shall cease to have effect.

The Crown Lands Act 1936

I613

1

The M13Crown Lands Act 1936 shall be amended as follows.

2

In section 1 (transfer of lands to Commissioners of Works) the proviso to subsection (4) (which relates to payment in respect of lands transferred to the Receiver and is of no further utility) shall cease to have effect.

3

In section 3—

a

in subsection (1) (power of Commissioners of Works to erect buildings for certain purposes) the words “or offices for the metropolitan police”, and

b

subsection (2) (power to transfer land and buildings to the Receiver),

shall cease to have effect.

The London Building Acts (Amendment) Act 1939

14

1

Section 151 of the M14London Building Acts (Amendment) Act 1939 (Crown exemptions) shall be amended as follows.

2

In subsection (1) (which specifies the exemptions) paragraph (bb) (the Receiver) shall cease to have effect.

Annotations:
Marginal Citations
M14

1939 c. xcvii.

The Local Government Act 1948

15

Section 121 of the M15Local Government Act 1948 (provisions as to precepts of metropolitan police) shall cease to have effect.

The Metropolitan Magistrates’ Courts Act 1959

16

1

The M16Metropolitan Magistrates’ Courts Act 1959 shall be amended as follows.

2

In section 4(2) (borrowing powers of Receiver), the words “, or of the metropolitan police force,” shall cease to have effect.

The Local Government (Records) Act 1962

17

1

The M17Local Government (Records) Act 1962 shall be amended as follows.

2

In section 2 (acquisition and deposit of records) in subsection (6) (local authorities to which the section applies) after “section 3 of the M18Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

3

In section 8 (interpretation) in the definition of “local authority” after “section 3 of the M19Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Administration of Justice Act 1964

18

In section 38(1) of the M20Administration of Justice Act 1964 (interpretation) the definition of “the Receiver” shall cease to have effect.

The Local Government Act 1966

19

1

Section 11 of the M21Local Government Act 1966 (grants for expenditure due to ethnic minority population) shall be amended as follows.

2

In subsection (2) (application to police authorities etc) after “section 3 of the M22Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority, ”.

The Superannuation (Miscellaneous Provisions) Act 1967

I720

1

Section 15 of the M23Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) shall be amended as set out in sub-paragraphs (2) to (6) below.

2

In subsection (1)(a) (definition of “member of the metropolitan civil staffs”) for sub-paragraph (i) there shall be substituted—

i

who is employed by the Metropolitan Police Authority;

3

In subsection (2) (power of Secretary of State to grant certain pensions payable by the Receiver out of the Metropolitan Police Fund) for the words from the beginning to “in respect of members of the metropolitan civil staffs” in paragraph (b) there shall be substituted—

2

As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.

2A

The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

2B

Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

2C

Subsection (2B) above does not apply for the purposes of—

a

any criminal proceedings against the authorised person (or any employee of his); or

b

any contract between him and the person who authorised him, so far as relating to the function.

2D

Unless the powers conferred by section 7 of the M24Superannuation Act 1972, section 50 of the Justices of the M25Peace Act 1997, paragraph 36 of Schedule 14 to the M26Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member

4

In subsection (3)(b) (power by regulations to adapt civil service provisions) for “(2)(b)” there shall be substituted “ (2D) ”.

5

In subsection (6) (requirement to consult before making regulations) after “staffs” there shall be inserted “ and with the Metropolitan Police Authority ”.

6

In subsection (7) (continuation of payment of pre-existing pension entitlements by Receiver), for the words from “continue” to the end there shall be substituted “ be paid by the Metropolitan Police Authority ”.

7

Nothing in sub-paragraphs (2) to (5) above shall affect the application of section 15 of the M27Superannuation (Miscellaneous Provisions) Act 1967 in relation to any person falling within sub-paragraph (10) below.

8

A pension or other benefit granted or continued to be paid to or in respect of a person by virtue of sub-paragraph (7) above shall be granted or paid by the Metropolitan Police Authority, and accordingly section 15(2)(a) of the Superannuation (Miscellaneous Provisions) Act 1967 shall not apply in relation to such a person.

9

Section 15(2)(b) of the M28Superannuation (Miscellaneous Provisions) Act 1967 shall apply in relation to a person falling within sub-paragraph (10) below as if for the words from the beginning to “in respect of members of the metropolitan civil staffs” there were substituted—

b

unless the powers conferred by paragraph 36 of Schedule 14 to the M29Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits u der this section to or in respect of such a member

10

A person falls within this sub-paragraph if he ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the M30Superannuation (Miscellaneous Provisions) Act 1967 before the day on which section 310 of this Act comes into force.

The Leasehold Reform Act 1967

21

1

Section 28 of the M31Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) shall be amended as follows.

2

In subsection (5) (bodies to which the section applies) in paragraph (a), after “section 3 of the M32Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

The Firearms Act 1968

22

In section 57(4) of the M33Firearms Act 1968 (interpretation) in the definition of “civilian officer”, paragraph (b) and the word “or” immediately preceding it shall cease to have effect.

The Local Government Grants (Social Need) Act 1969

23

1

The M34Local Government Grants (Social Need) Act 1969 shall be amended as follows.

2

In section 1 (provision for grants) in subsection (2) (meaning of “local authority” etc) after “section 3 of the M35Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority, ”.

The Pensions (Increase) Act 1971

24

1

The M36Pensions (Increase) Act 1971 shall be amended as follows.

2

In Schedule 6 (employments relevant to section 13(2) of that Act) in paragraph (c) (employment, otherwise than as a constable, under the Receiver etc) for “Receiver for the metropolitan police district” there shall be substituted “ Metropolitan Police Authority ”.

The Local Government Act 1972

Members’ interests in contracts etc

25

In section 98 of the M37Local Government Act 1972 (members’ interests in contracts: interpretation of sections 95 to 97) in subsection (1A) (extended meaning of local authority) after “section 3 of the M38Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Meetings and proceedings

26

In section 99 of the M39Local Government Act 1972 (which applies Schedule 12 of that Act to meetings and proceedings of certain bodies) after “section 3 of the Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.

Discharge of functions

27

In section 107 of the M40Local Government Act 1972 (application of sections 101 to 103, 105 and 106 of that Act to police authorities) in subsection (1)(a) the words “other than the Secretary of State” shall cease to have effect.

Miscellaneous powers of local authorities

28

1

Section 146A of the M41Local Government Act 1972 (which applies certain provisions of Part VII of that Act to police authorities etc) shall be amended as follows.

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In subsection (1A) (exceptions for police authorities) after “section 3 of the M42Police Act 1996” there shall be inserted “ nor the Metropolitan Police Authority ”.

4

In subsection (1B) (modifications of sections 140A and 140C in their application to police authorities) after “section 3 of the M43Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

5

In subsection (1C) (special constable acting as such is not a voluntary assistant) after “section 3 of the M44Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

Inspection of documents

30

In section 228 of the M45Local Government Act 1972 (inspection of documents) in subsection (7A) (application to minutes and accounts of police authorities) after “section 3 of the M46Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

Photographic copies of documents

31

In section 229 of the M47Local Government Act 1972 (photographic copies of documents) in subsection (8) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Services of notices on local authorities

32

In section 231 of the M48Local Government Act 1972 (services of notices on local authorities) in subsection (4) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Public notices

33

In section 232 of the M49Local Government Act 1972 (public notices) in subsection (1A) (extended meaning of “local authority”) after “section 3 of the M50Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Service of notices by local authorities

34

In section 233 of the M51Local Government Act 1972 (service of notices by local authorities) in subsection (11) (extended meaning of “local authority”) after “section 3 of the M52Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Authentication of documents

35

In section 234 of the M53Local Government Act 1972 (authentication of documents) in subsection (4) (extended meaning of “local authority”) after “section 3 of the M54Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

Meetings and proceedings

36

1

Schedule 12 to the M55Local Government Act 1972 (meetings and proceedings of local authorities) shall be amended as follows.

2

In paragraph 6A (application of paragraph 1 to police authorities etc) in sub-paragraph (1) after “section 3 of the M56Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

3

In paragraph 6B (application of rest of Part I to police authorities etc) in paragraph (b), after “section 3 of the M57Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

4

In paragraph 46 (extended meaning of “local authority”) after “section 3 of the M58Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.

The Employment Agencies Act 1973

37

In section 13(7) of the M59Employment Agencies Act 1973 (cases in which the Act is not to apply) after paragraph (f) there shall be inserted—

fa

the exercise by the Metropolitan Police Authority of any of its functions;

The Local Government Act 1974

38

In section 1(6) of the M60Local Government Act 1974 (treatment of grants to Receiver etc for specific services)—

a

paragraph (a), and

b

the words “of the Receiver for the Metropolitan Police District or”,

shall cease to have effect.

The House of Commons Disqualification Act 1975

I839

1

The M61House of Commons Disqualification Act 1975 shall be amended as follows.

2

In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—

a

Commissioner or Assistant Commissioner of Police of the Metropolis,

b

officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and

c

Receiver for the Metropolitan Police District,

shall cease to have effect.

The Northern Ireland Assembly Disqualification Act 1975

I940

1

The M62Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.

2

In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—

a

Commissioner or Assistant Commissioner of Police of the Metropolis,

b

officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and

c

Receiver for the Metropolitan Police District,

shall cease to have effect.

The Local Government (Miscellaneous Provisions) Act 1976

41

1

Part I of the M63Local Government (Miscellaneous Provisions) Act 1976 (general) shall be amended as follows.

2

In section 44(1), in the definition of “local authority”, in paragraph (a) (extended meaning in certain provisions) after “section 3 of the M64Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Local Government, Planning and Land Act 1980

Direct labour organisations

42

1

Section 20 of the M65Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations) shall be amended as follows.

2

In subsection (1), in paragraph (a) of the definition of “local authority”, in sub-paragraph (i), after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

Rate support grants

43

In section 54 of the M66Local Government, Planning and Land Act 1980 (aggregate amount of rate support grants) the following provisions (which relate to the Receiver) shall cease to have effect—

a

in subsection (1) (calculation of amount available for grants), the words “and the Receiver”;

b

in subsection (7), paragraph (a) (certain grants to Receiver treated as local authority grants);

c

in subsection (9) (definition of “relevant expenditure”) paragraph (b) and the word “plus” immediately preceding it;

d

in subsection (10) (expenditure of Receiver etc met by grants) the words “of the Receiver or”;

e

subsection (11) (definition of “the Receiver”).

Disposal of land held by public bodies

44

1

In section 99 of the M67Local Government, Planning and Land Act 1980 (directions to dispose of land — supplementary) in subsection (4), after paragraph (dc) there shall be inserted—

dcc

the Metropolitan Police Authority;

2

In Schedule 16 to the M68Local Government, Planning and Land Act 1980 (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5C there shall be inserted—

5CC

The Metropolitan Police Authority.

The Local Government (Miscellaneous Provisions) Act 1982

45

1

The M69Local Government (Miscellaneous Provisions) Act 1982 shall be amended as follows.

2

In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a), after “section 3 of the M70Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

3

In section 41 (lost and uncollected property) in subsection (13) in the definition of “local authority”, after paragraph (ca) there shall be inserted—

caa

the Metropolitan Police Authority; and

The Aviation Security Act 1982

46

1

The M71Aviation Security Act 1982 shall be amended as follows.

2

In section 26 (exercise of police functions at designated airports), subsection (4) (which makes provision for the application of the section in the case of the metropolitan police district) shall cease to have effect.

3

In section 29(2) (entitlement of traffic wardens to exercise functions at designated airports) in paragraph (a) the words from “(or,” to “metropolis)” shall cease to have effect.

4

In section 30(3) (transfers of officers and staff) in paragraph (c) the words from “or, if that area is the metropolitan” onwards shall cease to have effect.

5

In section 31(1) (interpretation) the definition of “members of the metropolitan civil staffs” shall cease to have effect.

The Insurance Companies Act 1982

47

1

The M72Insurance Companies Act 1982 shall be amended as follows.

2

In Part I of Schedule 2 (classes of general business), in entry number 1, in the third column, the words “or section 2 of the Police (Insurance of Voluntary Assistants) Act 1997” shall cease to have effect.

The Road Traffic Regulation Act 1984

48

1

Section 97 of the M73Road Traffic Regulation Act 1984 (supplementary provisions as to traffic wardens) shall be amended as follows.

2

In subsection (1) (application of regulations) the words “employed outside the metropolitan police district” shall cease to have effect.

3

Subsection (4) (wardens in the metropolitan police district) shall cease to have effect.

The County Courts Act 1984

49

In section 60 of the M74County 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 “section 3 of the M75Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Rates Act 1984

50

In section 1 of the M76Rates Act 1984 (power to prescribe maximum rates and precepts) in subsection (4)(a), the words “or by the Receiver for the Metropolitan Police District” shall cease to have effect.

The Housing Act 1985

51

In section 4 of the M142Housing Act 1985 (interpretation) in paragraph (e) (definition of “local authority”), after “section 3 of the M143Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Housing Associations Act 1985

52

In section 106 of the M77Housing Associations Act 1985 (minor definitions) in subsection (1), in the definition of “local authority”, after “section 3 of the M78Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.

The Landlord and Tenant Act 1985

53

In section 38 of the M79Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority”, after “section 3 of the M80Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Local Government Act 1986

Publicity etc

54

In section 6 of the M81Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality) in subsection (2)(a), after “section 3 of the M82Police Act 1996,” there shall be inserted—

the Metropolitan Police Authority,

Transfer of local authority mortgages

55

In section 9 of the M83Local Government Act 1986 (interpretation of provisions relating to the transfer of mortgages) in subsection (1)(a), after “section 3 of the M84Police Act 1996,” there shall be inserted—

the Metropolitan Police Authority,

The Local Government Act 1988

Competition

56

In section 1 of the M85Local Government Act 1988 (defined authorities for provisions on competition) in subsection (1), after paragraph (e) there shall be inserted—

eza

the Metropolitan Police Authority,

Public supply or works contracts

57

In Schedule 2 to the M86Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry relating to police authorities established under section 3 of the M87Police Act 1996 there shall be inserted—

The Metropolitan Police Authority.

The Local Government Finance Act 1988

58

In section 126 of the M88Local Government Finance Act 1988 (variation of multipliers in supplementary reports) subsection (5) (which relates to the Receiver) shall cease to have effect.

The Housing Act 1988

59

In Schedule 1 to the M144Housing Act 1988 (tenancies which cannot be assured tenancies) in paragraph 12 (local authority tenancies, etc.) in sub-paragraph (2)(g), after “section 3 of the M145Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Road Traffic Act 1988

Police driving instructors

60

In section 124 of the M89Road Traffic Act 1988 (exemption of police instructors from prohibition imposed by section 123 of that Act) subsection (3) (modifications of subsection (2) in its application in relation to the metropolitan police force) shall cease to have effect.

Exceptions from requirement of third party insurance or security

61

In section 144 of the M90Road Traffic Act 1988 (exceptions from requirement of third party insurance or security) in subsection (2)(b) (exception for vehicles owned by police authority etc)—

a

the words “or the Receiver for the Metropolitan Police District”, and

b

the words “or employed by the Receiver”,

shall cease to have effect.

The Local Government and Housing Act 1989

Monitoring officers

I1062

In section 5 of the M91Local Government and Housing Act 1989 (designation and reports of monitoring officer) in subsection (1) (duty to designate officer as monitoring officer) after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

Members, officers, staff, committees etc

F463

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

I1164

In section 157 of the M92Local Government and Housing Act 1989 (commutation of payments to local authorities) in subsection (6) (meaning of “local authority”) for paragraph (f) there shall be substituted—

f

the Metropolitan Police Authority;

The Town and Country Planning Act 1990

Orders relating to highways

65

In section 252 of the M93Town and Country Planning Act 1990 (procedure for making of orders relating to highways) in subsection (12), in the definition of “local authority”, after “section 3 of the M94Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

General interpretation of “local authority”

I1266

In section 336(1) of the M95Town and Country Planning Act 1990 (general interpretation) in paragraph (a) of the definition of “local authority”—

a

the words “(except the Receiver for the Metropolitan Police District)” shall cease to have effect; and

b

at the end there shall be inserted “ or the Metropolitan Police Authority ”.

The War Crimes Act 1991

67

In section 2 of the M96War Crimes Act 1991 (expenses) in subsection (2)(a) (expenditure by Receiver on investigations by metropolitan police) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.

The Value Added Tax Act 1994

68

In section 33 of the M97Value Added Tax Act 1994 (refunds of VAT in certain cases) in subsection (3) (which specifies the bodies to which the section applies) in paragraph (f), the words “and the Receiver for the Metropolitan Police District” shall cease to have effect.

The Police Act 1996

Police areas

69

In section 1 of the M98Police Act 1996 (police areas) in subsection (3) (references to local government areas) the words “but excluding any part of it within the metropolitan police district” shall cease to have effect.

Local policing objectives

70

In section 7 of the M99Police Act 1996 (annual determination of objectives for the policing of an authority’s area) after subsection (3) there shall be inserted—

4

This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the reference to the chief constable for the area as a reference to the Commissioner of Police of the Metropolis.

Local policing plans

71

In section 8 of the M100Police Act 1996 (annual issue of proposed arrangements for the policing of an authority’s area) after subsection (5) there shall be inserted—

6

This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the references to the chief constable for the area as references to the Commissioner of Police of the Metropolis.

Annual report

72

In section 9 of the M101Police Act 1996 (annual reports relating to the policing of an authority’s area) after subsection (3) there shall be inserted—

4

This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.

Police fund

73

In section 14 of the M102Police Act 1996 (requirement that each police authority keep a police fund) after subsection (3) there shall be inserted—

4

This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

Civilian employees

74

1

Section 15 of the M103Police Act 1996 (employment of civilian employees by police authorities established under section 3) shall be amended as follows.

2

In subsection (2) (persons so employed to be under control of chief constable) for “chief constable” there shall be substituted “ chief officer of police ”.

3

In subsection (3) (disapplication of subsection (2) in case of agreement between chief constable and authority etc) for “chief constable” there shall be substituted “ chief officer ”.

4

After subsection (4) there shall be inserted—

5

This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

Appointment of clerk

I1375

1

Section 16 of the M104Police Act 1996 (appointment of clerk by each police authority) shall be amended as follows.

2

At the beginning there shall be inserted “ (1) ”.

3

After the subsection (1) so formed, there shall be inserted the following subsection—

2

The Metropolitan Police Authority shall appoint a person to be the clerk to the Metropolitan Police Authority.

Appointment of persons not employed by police authorities

I1476

1

Section 17 of the M105Police Act 1996 (appointment of persons not employed by police authorities) shall be amended as follows.

2

At the beginning there shall be inserted “ (1) ”.

3

After the subsection (1) so formed, there shall be inserted the following subsection—

2

This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.

Supply of goods and services

77

In section 18 of the M106Police Act 1996 (application of certain provisions of the M107Local Authorities (Goods and Services) Act 1970 to police authorities established under section 3) after “section 3” there shall be inserted “ and to the Metropolitan Police Authority ”.

Questions to the Metropolitan Police Authority

78

In subsection (1) of section 20 of the M108Police Act 1996 (questioning of members of police authorities at council meetings) after “police authority” there shall be inserted “ established under section 3 ” and after that section there shall be inserted—

20A Questions on metropolitan police matters at London Assembly meetings.

1

The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.

2

On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.

Report by the Commissioner of Police of the Metropolis

79

1

Section 22 of the M109Police Act 1996 (reports by chief constables etc to police authorities) shall be amended as follows.

2

In subsection (1), for “chief constable” there shall be substituted “ chief officer of police of a police force ”.

3

In subsection (2), for “chief constable” there shall be substituted “ chief officer ”.

4

In subsection (3), for “chief constable” there shall be substituted “ chief officer of police ”.

5

In subsections (5) and (6), for “chief constable” there shall be substituted “ chief officer ”.

6

Subsection (7) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.

Special police services

80

In section 25 of the M110Police Act 1996 (provision of special police services, subject to payment to police authorities) subsection (2) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.

Advice and assistance to international organisations

81

In section 26 of the M111Police Act 1996 (provision by police authorities of advice and assistance to international organisations) subsection (7) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.

Police cadets

82

In section 28 of the M112Police Act 1996 (appointment of police cadets) subsection (4) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.

Attestation of constable

83

In section 29 of the M113Police Act 1996 (attestation of constables)—

a

paragraph (a) (attestation before Commissioner or Assistant Commissioner in case of member of metropolitan police force etc), and

b

in paragraph (b) (any other case) the words “in any other case,”,

shall cease to have effect.

Alteration of police areas

I1584

1

Section 32 of the M114Police Act 1996 (power of Secretary of State to make alterations in police areas by order) shall be amended as follows.

2

In subsection (3)(a) (which restricts the power of the Secretary of State to make alterations unless he has received a request from the police authorities whose areas are affected) the words “(other than the metropolitan police district)” shall cease to have effect.

3

Subsection (5) (which disapplies subsection (4) to the extent that it prevents the Secretary of State making an order maintaining the boundary of the metropolitan police district as it existed immediately before 1st April 1995) shall cease to have effect.

Objections to proposed alterations in police areas

85

1

Section 33 of the M115Police Act 1996 (objections to alterations in police areas proposed by the Secretary of State) shall be amended as follows.

2

In subsection (1)(a) the words “(other than the metropolitan police district)” shall cease to have effect.

3

In subsection (1), after paragraph (b) there shall be inserted—

bb

the Greater London Authority, if he proposes to alter the metropolitan police district,

Objectives for police authorities

86

1

Section 37 of the M116Police Act 1996 (setting of objectives for police authorities) shall be amended as follows.

2

In subsection (1) (determination of objectives for all police authorities established under section 3) for “established under section 3” there shall be substituted “ to which this section applies ”.

3

After subsection (1), there shall be inserted—

1A

The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.

4

In subsection (2) (consultation)—

a

in paragraph (a), for “established under section 3” there shall be substituted “ to which this section applies ”; and

b

in paragraph (b), for “chief constables” there shall be substituted “ chief officers of police ”.

Setting of performance targets

87

In section 38 of the M117Police Act 1996 (setting of performance targets for police authorities by the Secretary of State) in subsection (2), for “established under section 3” there shall be substituted “ to which section 37 applies ”.

Codes of practice

88

In section 39(1) of the M118Police Act 1996 (issuing of codes of practice by the Secretary of State relating to the discharge of functions by police authorities established under section 3) after “section 3” there shall be inserted “ and the Metropolitan Police Authority ”.

Power of Secretary of State to require inspection

89

In section 40(1) of the M119Police Act 1996 (power of Secretary of State to require an inspection of a police force maintained under section 2) after “police force maintained under section 2” there shall be inserted “ or of the metropolitan police force ”.

Removal of Commissioners or Commanders

90

In section 42 of the M120Police Act 1996 (power of the Secretary of State to require a police authority to exercise its power to call upon the chief constable to retire) after subsection (4) there shall be inserted—

5

This section shall apply to the power of the Metropolitan Police Authority under section 9E to call upon—

a

the Commissioner of Police of the Metropolis,

b

the Deputy Commissioner of Police of the Metropolis,

c

an Assistant Commissioner of Police of the Metropolis, or

d

a Commander in the metropolitan police force,

to retire in the interests of efficiency or effectiveness as it applies to the power of a police authority under section 11.

Reports from the Commissioner of Police of the Metropolis

91

1

Section 44 of the M121Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.

2

In subsection (1), for the words “chief constable” and “chief constable’s” there shall be substituted respectively “ chief officer of police of any police force ” and “ chief officer’s ”.

3

In subsection (3), for “chief constable” there shall be substituted “ chief officer ”.

4

In subsection (4), for “Every chief constable” there shall be substituted “ The chief officer of police of every police force ”.

5

Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.

Grants by the Secretary of State

92

1

Section 46 of the M122Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.

2

In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Greater London Authority ”.

3

In subsection (1), in the words following paragraph (b), for “Receiver” there shall be substituted “ Greater London Authority ”.

4

After subsection (7) there shall be inserted—

7A

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

5

After subsection (8) (repayment where police authority’s grant is less than that paid to it for the year) there shall be inserted—

9

Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.

Grants for capital expenditure

93

1

Section 47 of the M123Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.

2

In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.

3

After subsection (3) there shall be inserted—

4

Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

5

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

Grants for expenditure concerning safeguarding national security

94

1

Section 48 of the M124Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.

2

In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.

3

After subsection (3) there shall be inserted—

4

Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.

5

Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.

Disciplinary proceedings relating to senior officers

95

In section 50(3)(b) of the M125Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words “ by the police authority which maintains the force or by a committee of that authority. ”

Copies of reports

96

In section 55 of the M126Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words “(except where he is himself the police authority)” shall cease to have effect.

The appropriate authority for complaints etc about metropolitan police

I1697

1

Section 65 of the M127Police Act 1996 (interpretation of Chapter I of Part IV, which relates to complaints and disciplinary proceedings) shall be amended as follows.

2

In the definition of “the appropriate authority”—

a

paragraph (a) (which defines the appropriate authority in relation to the metropolitan police force as the Commissioner of Police of the Metropolis), and

b

the word “other” in paragraph (b),

shall cease to have effect.

3

In the definition of “investigating officer” after “means” there shall be inserted “ a person (whether a member of a police force or not) appointed under section 68(2B) or ”.

Investigation of complaints

98

1

Section 68 of the M128Police Act 1996 (investigation of complaints against senior officers) shall be amended as follows.

2

After subsection (2) (conduct not justifying criminal or disciplinary proceedings may be dealt with at authority’s discretion) there shall be inserted—

2A

In any other case, subsection (2B) or (3) shall apply.

2B

If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis—

a

the appropriate authority shall notify the Secretary of State; and

b

the Secretary of State shall appoint a person to investigate the complaint.

3

In subsection (4) (request by appropriate authority to chief officer to provide investigating officer) for “the appropriate authority” there shall be substituted the following paragraphs—

a

in a case where subsection (2B) applies, the Secretary of State, or

b

in a case where subsection (3) applies, the appropriate authority,

and after “for appointment under subsection” there shall be inserted “ (2B) or ”.

Supervision of investigations by Police Complaints Authority

99

1

Section 72 of the M129Police Act 1996 (supervision of investigations by Police Complaints Authority) shall be amended as follows.

2

In subsection (3) (powers with respect to appointments under section 68(3) etc) in paragraph (a), for “section 68(3)” there shall be substituted “ section 68(2B) or (3) ”.

3

After subsection (3) there shall be inserted—

3A

In the application of subsection (3) in relation to appointment under section 68(2B)—

a

any reference to the appropriate authority shall be taken as a reference to the Secretary of State; and

b

the reference in paragraph (b)(i) to another member of a police force shall be taken as a reference to another person.

Grants by local authorities

100

In section 92 of the M130Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”

Acceptance of gifts and loans

101

In section 93 of the M131Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.

Metropolitan police fund etc

102

1

Section 95 of the M132Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.

2

The following words shall cease to have effect—

a

“the metropolitan police fund and”;

b

“respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”;

c

in paragraph (a), “the metropolitan police district or”; and

d

in paragraph (b), “the metropolitan police force or”.

3

The sidenote to the section accordingly becomes “The City of London police fund.”

Obtaining community views on policing

103

1

Section 96 of the M133Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.

2

In subsection (2)—

a

for “subsections (3) to (6)” there shall be substituted “ subsection (6) ”; and

b

after “chief constable” there shall be inserted “ or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis, ”.

3

Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.

National and international functions of metropolitan police

104

After section 96 of the M134Police Act 1996 there shall be inserted—

96A National and international functions of the metropolitan police.

1

The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

2

If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—

a

to the standard specified in any agreement in force under subsection (1), or

b

if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,

he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.

3

The Metropolitan Police Authority shall comply with any directions given under subsection (2).

4

For the purposes of this section “national or international functions” means functions relating to—

a

the protection of prominent persons or their residences,

b

national security,

c

counter-terrorism, or

d

the provision of services for any other national or international purpose.

96B National and international functions: application of requirements relating to reports etc.

1

In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.

2

In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

3

In its application to the Metropolitan Police Authority, section 8 shall have effect as if—

a

the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and

b

the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.

4

In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.

5

In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.

6

Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.

7

Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.

Schedule 2

105

1

Schedule 2 to the M135Police Act 1996 (provision relating to police authorities established under section 3) shall be amended as follows.

2

Paragraph 4(2) (which refers to persons disqualified under paragraph 12) shall cease to have effect.

3

Paragraph 12 (which disqualifies a member of a relevant council for being appointed as a member of a police authority if he was elected for an electoral division or ward wholly within the metropolitan police district) shall cease to have effect.

4

In paragraph 26 (meaning of “relevant council”)—

a

in sub-paragraph (1)(a), for “county borough or London borough” there shall be substituted “ or county borough ”; and

b

sub-paragraph (2) (areas partly within the metropolitan police district) shall cease to have effect.

Schedule 3

I17106

1

Schedule 3 to the M136Police Act 1996 (which makes provision about the selection of independent members of police authorities) shall be amended as follows.

2

In paragraph 1(1) (selection panel for each police area) after “There shall be a selection panel” there shall be inserted “ (a) ”and at the end there shall be added

; and

b

for the police area constituted by the metropolitan police district.

3

In paragraph 1(4) (which defines a “designated member” as one appointed under paragraph 2 or 8 of Schedule 2) there shall be added at the end “ or paragraph 2 or 5 of Schedule 2A ”.

4

In paragraph 2 (disqualification from panel if disqualified by virtue of certain provisions of Schedule 2 from being a member under paragraph 5 of that Schedule)—

a

after “Schedule 2” there shall be inserted “ or paragraph 7, 8 or 9(1)(b) or (f) to (h) of Schedule 2A ”; and

b

in paragraph (a), for “paragraph 5 of that Schedule” there shall be substituted “ paragraph 5 of Schedule 2 or paragraph 3(2) or (3) of Schedule 2A ”.

F55

In paragraph 3(1) (term of appointment of member of panel), after “panel” there shall be inserted “ for a police area listed in Schedule 1 ”.

F56

After paragraph 3(1) there shall be inserted—

1A

A person shall be appointed to hold office as a member of a selection panel for the police area constituted by the metropolitan police district for a term of two years.

7

In paragraph 8 (panel to nominate persons for appointment under paragraph 5 of Schedule 2)—

a

in sub-paragraph (1), after “paragraph 5 of Schedule 2” there shall be inserted “ or paragraph 3(3) of Schedule 2A ”; and

b

in sub-paragraph (2), after “paragraph 5 of Schedule 2” there shall be inserted “ or paragraph 3(3) of Schedule 2A (as the case may be) ”.

8

In paragraph 9 (person not to be nominated in relation to an authority if disqualified by virtue of certain provisions of Schedule 2 for membership under paragraph 5 of that Schedule) after “in relation to an authority” there shall be inserted “ (a) ” and at the end there shall be added

; or

b

if, by virtue of paragraph 7, 8 or 9 of Schedule 2A, he is disqualified for being appointed as a member of the authority under paragraph 3(3) of that Schedule

9

In paragraph 13(1) (which refers to the number of vacancies to be filled under paragraph 5 of Schedule 2) after “paragraph 5 of Schedule 2” there shall be inserted “ or paragraph 3(3) of Schedule 2A (as the case may be) ”.

Schedule 6

107

1

Schedule 6 to the M137Police Act 1996 (appeals to police appeals tribunals) shall be amended as follows.

2

In paragraph 2 (membership of panel for officers who are not senior officers) in paragraph (1)(b) the words from “or” onwards (which relate to the case where the Secretary of State is the police authority) shall cease to have effect.

The Justices of the Peace Act 1997

108

1

The Justices of the M138Peace Act 1997 shall be amended as follows.

2

In section 66 (disqualification in certain cases of justices who are members of local authorities) in subsection (7) (which defines “local authority”) after paragraph (b) there shall be inserted—

bza

the Metropolitan Police Authority;

The Police (Insurance of Voluntary Assistants) Act 1997

109

1

The M139Police (Insurance of Voluntary Assistants) Act 1997 shall be amended as follows.

2

Section 2 (which makes, in relation to the metropolitan police force and the Receiver, provision corresponding to that made by section 1 in relation to other police authorities and which, in consequence of this Act, is no longer necessary) shall cease to have effect.

The Police Act 1997

F6110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

In section 119 of the M140Police Act 1997 (sources of information) in subsection (3) (payment to appropriate police authority) the words “or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District,” shall cease to have effect.

113

1

Schedule 1 to the Police Act 1997 (appointment of members of the NCS and NCIS Service Authorities) shall be amended as follows.

2

In paragraph 4 (appointment of core members by local authority members of police authorities)—

a

at the beginning there shall be inserted “ (1) ”, and

b

for “Three” there shall be substituted “ Four ”.

F83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The following provisions—

a

paragraph 5 (appointment by Secretary of State in his capacity as police authority for metropolitan police district),

b

paragraph 8(4) (Secretary of State prohibited from appointing additional member of NCIS Service Authority to represent him in that capacity), and

c

paragraph 10(4) (corresponding prohibition in respect of appointment of additional member of NCS Service Authority),

shall cease to have effect.

5

In paragraph 14(a) (meaning of “local authority members of police authorities”) for “to the Police Act 1996 (local authority members)” there shall be substituted “ or paragraph 2 of Schedule 2A to the Police Act 1996 (local authority members and London Assembly members of the Metropolitan Police Authority) ”.

6

In paragraph 16 (which makes provision for the application of Schedule in the case of the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London) for the words from “the Commissioner and” onwards there shall be substituted “ the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force. ”

F9114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Contracts) Act 1997

116

In section 1(3) of the M141Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act) at the end of paragraph (b) there shall be inserted “ and ” and paragraph (c) (the Receiver) shall cease to have effect.