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Criminal Justice and Police Act 2001, Section 104 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In Schedule 2 to the 1996 Act (police authorities outside London), after paragraph 9 there shall be inserted—
“Vice-chairmen9A(1)At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
(2)The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
(3)Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy.
(4)Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.”
(2)In Schedule 2A to that Act (the Metropolitan Police Authority), after paragraph 6 there shall be inserted—
“Vice-chairmen6A(1)At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members.
(2)The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
(3)Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy.
(4)Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.”
(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In the following provisions (tenure of office, eligibility for reappointment and validity of acts of chairman and members of police authorities etc.)—
(a)paragraphs 17(1) and 21 to 23 of Schedule 2 to the 1996 Act,[F2 and]
(b)paragraphs 12(1) and 16 to 18 of Schedule 2A to that Act, F3. . .
(c)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “chairman”, wherever it occurs, there shall be inserted “ or vice-chairman ”.
(5)In paragraph 24 of Schedule 2 to the 1996 Act, paragraph 19 of Schedule 2A to that Act and paragraph 16 of Schedule 2 to the 1997 Act (validity of acts)—
(a)after “of chairman”, in each case, there shall be inserted, “ by a vacancy for a vice-chairman ”; and
(b)after “as chairman”, in each case, there shall be inserted “ or vice-chairman ”.
(6)In paragraph 25 of Schedule 2 to the 1996 Act (allowances for members of police authorities)—
(a)in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and
(b)in sub-paragraph (2), after “chairman,” there shall be inserted “ a vice-chairman, ”.
(7)In paragraph 20 of Schedule 2A to the 1996 Act (allowances for members of the Metropolitan Police Authority etc.)—
(a)in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and
(b)in sub-paragraph (3), after “chairman,” there shall be inserted “ a vice-chairman, ”.
(8)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In paragraph 6B(b) of Schedule 12 to the Local Government Act 1972 (c. 70) (persons to preside in the case of a police authority in the absence of the chairman), for the words from “another member” to “preside” there shall be substituted “the following person shall preside—
(i)in a case in which only one vice-chairman is present at the meeting, that vice-chairman;
(ii)in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and
(iii)in any other case, the member chosen by the members present;”.
Textual Amendments
F1S. 104(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178, Sch. 4 para. 164(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ll) (subject to art. 4(2)-(7))
F2Word in s. 104(4)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 164(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F3S. 104(4)(c) and preceding word repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178, Sch. 4 para. 164(3)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ll) (subject to art. 4(2)-(7))
F4S. 104(8) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178, Sch. 4 para. 164(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ll) (subject to art. 4(2)-(7))
Commencement Information
I1S. 104 wholly in force at 1.4.2002; s. 104 not in force at Royal Assent see s. 138; s. 104 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(1)(b); s. 104 in force at 1.4.2002 insofar as not already in force by S.I. 2002/344, art. 3 (with art. 4)
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