Part IU.K. POLICE

Chapter IE+W PRINCIPAL AMENDMENTS OF POLICE ACT 1964

Police areasE+W

1 Police areas.E+W

(1)For section 1 of the 1964 Act there shall be substituted—

“ Police areasE+W

1 Police areas.

(1)England and Wales shall be divided into police areas.

(2)The police areas referred to in subsection (1) of this section shall be—

(a)those listed in Schedule 1A t o this Act (subject to any amendment made to that Schedule by an order under section 21 or 21A of this Act, section 58 of the M1Local Government Act 1972, or section 17 of the M2Local Government Act 1992), together with

(b)the City of London police area and the metropolitan police district.

(3)References in Schedule 1A to any local government area are to that area as it is for the time being, but excluding any part of it within the metropolitan police district.”

(2)For Schedule 1 to the 1964 Act there shall be substituted (as Schedule 1A) the Schedule set out in Schedule 1 to this Act.

Forces outside LondonE+W

2 Police forces and police authorities.E+W

For sections 2, 2A and 3 of the 1964 Act there shall be substituted—

“ Forces outside LondonE+W

2 Maintenance of police forces.

A police force shall be maintained for every police area for the time being listed in Schedule 1A to this Act.

3 Establishment of police authorities.

(1)There shall be a police authority for every police area for the time being listed in Schedule 1A to this Act.

(2)A police authority established under this section for any area shall be a body corporate to be known by the name of the area with the addition of the words “Police Authority".”

3 Membership of police authorities etc.E+W

(1)After section 3 of the 1964 Act there shall be inserted—

“3A Membership of police authorities etc.

(1)Subject to subsection (2) of this section, each police authority established under section 3 of this Act shall consist of seventeen members.

(2)The Secretary of State may by order provide in relation to a police authority specified in the order that the number of its members shall be a specified odd number greater than seventeen.

(3)A statutory instrument containing an order made under subsection (2) of this section shall be laid before Parliament after being made.

(4)Schedules 1B and 1C to this Act shall have effect in relation to police authorities established under section 3 and the appointment of their members.

3B Reductions in size of police authorities.

(1)This section applies to any order under subsection (2) of section 3A of this Act which varies or revokes an earlier order so as to reduce the number of a police authority’s members.

(2)Before making an order to which this section applies, the Secretary of State shall consult—

(a)the authority,

(b)the councils which are relevant councils in relation to the authority for the purposes of Schedule 1B to this Act, and

(c)any panel (or magistrates’ courts committee) which is responsible, or is represented on a joint committee which is responsible, for the appointment of members of the authority.

(3)An order to which this section applies may include provision as to the termination of the appointment of the existing members of the authority and the making of new appointments or re-appointments.”

(2)After Schedule 1A to the 1964 Act there shall be inserted (as Schedules 1B and 1C) the Schedules set out in Schedule 2 to this Act.

4 Functions of police authorities.E+W

For section 4 of the 1964 Act there shall be substituted—

“4 General functions of police authorities.

(1)It shall be the duty of every police authority established under section 3 of this Act to secure the maintenance of an efficient and effective police force for its area.

(2)In discharging its functions, every police authority established under section 3 of this Act shall have regard to—

(a)any objectives determined by the Secretary of State under section 28A of this Act,

(b)any objectives determined by the authority under section 4A,

(c)any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise, and

(d)any local policing plan issued by the authority under section 4B.

(3)In discharging any function to which a code of practice issued under section 28C of this Act relates, a police authority established under section 3 of this Act shall have regard to the code.

(4)A police authority shall comply with any direction given to it by the Secretary of State under section 28B or 28D of this Act.

4A Local policing objectives.

(1)Every police authority established under section 3 of this Act shall, before the beginning of each financial year, determine objectives for the policing of the authority’s area during that year.

(2)Objectives determined under this section may relate to matters to which objectives determined under section 28A of this Act also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

(3)Before determining objectives under this section a police authority shall—

(a)consult the chief constable for the area, and

(b)consider any views obtained by it in accordance with arrangements made under section 106 of the M3Police and Criminal Evidence Act 1984 (arrangements for obtaining the views of the community on policing).

4B Local policing plans.

(1)Every police authority established under section 3 of this Act shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the policing of the authority’s area during the year (“the local policing plan").

(2)The local policing plan shall include a statement of the authority’s priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of—

(a)any objectives determined by the Secretary of State under section 28A of this Act,

(b)any objectives determined by the authority under section 4A, and

(c)any performance targets established by the authority, whether in compliance with a direction under section 28B or otherwise.

(3)A draft of the local policing plan shall be prepared by the chief constable for the area and submitted by him to the authority for it to consider.

(4)Before issuing a local policing plan which differs from the draft submitted by the chief constable under subsection (3) of this section, a police authority shall consult the chief constable.

(5)A police authority shall arrange for the local policing plan to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to the Secretary of State.

4C Annual reports by police authorities.

(1)As soon as possible after the end of each financial year every police authority established under section 3 shall issue a report relating to the policing of the authority’s area for the year.

(2)A report issued under this section for any year by a police authority shall include an assessment of the extent to which the local policing plan for that year has been carried out.

(3)A police authority shall arrange for every report issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the report to the Secretary of State.”

8 Police fund.E+W

For section 8 of the 1964 Act (financial provisions) there shall be substituted—

“8 Police fund.

(1)Each police authority established under section 3 of this Act shall keep a fund to be known as the police fund.

(2)Subject to any regulations under the M5Police Pensions Act 1976, all receipts of the police authority shall be paid into the police fund and all expenditure of the authority shall be paid out of that fund.

(3)Accounts shall be kept by each police authority of payments made into or out of the police fund.”

10 Civilian employees.E+W

For section 10 of the 1964 Act there shall be substituted—

“10 Civilian employees.

(1)A police authority established under section 3 of this Act may employ persons to assist the police force maintained by it or otherwise to enable the authority to discharge its functions.

(2)A police authority shall exercise its powers under section 101 (and section 107) of the M7Local Government Act 1972 so as to secure that, subject to subsection (3) of this section, any person employed by the authority under this section is under the direction and control of the chief constable of the police force maintained by the authority.

(3)Subsection (2) of this section shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

(4)The powers of direction and control referred to in subsection (2) of this section include the powers of engagement and dismissal.”

11 Appointment of officers.E+W

After section 10 of the 1964 Act there shall be inserted—

“10A Appointment of clerk.

A police authority established under section 3 of this Act shall appoint a person to be the clerk to the authority.

10B Appointment of persons not employed by police authorities.

Where a police authority established under section 3 of this Act is required or authorised by any Act—

(a)to appoint a person to a specified office under the authority, or

(b)to designate a person as having specified duties or responsibilities,

then, notwithstanding any provision of that Act to the contrary, the authority may appoint or designate either a person employed by the authority under section 10 of this Act, or a person not holding any office or employment under the authority.”

GeneralE+W

13 Provision of advice and assistance to international organisations etc.E+W

After section 15 of the 1964 Act there shall be inserted—

“15A Provision of advice and assistance to international organisations etc.

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief officer of police for its area.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a member of the police force maintained by the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) of this section may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice or assistance provided by it under this section.

(7)In its application in relation to the metropolitan police this section shall apply—

(a)as if the power conferred by subsection (1) were conferred on the Commissioner of Police of the Metropolis (and accordingly as if the references in subsections (1)(b) and (2) to a police authority were omitted), and

(b)as if in subsection (6) the reference to a police authority were a reference to the Receiver for the Metropolitan Police District.

(8)The provisions of this section are without prejudice to the M8Police (Overseas Service) Act 1945 and section 10 of the M9Overseas Development and Co-operation Act 1980.”

14 Alteration of police areas.E+W

For section 21 of the 1964 Act there shall be substituted—

“21 Power to alter police areas by order.

(1)The Secretary of State may by order make alterations in police areas in England and Wales other than the City of London police area.

(2)The alterations that may be made by an order under subsection (1) of this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the abolition of the metropolitan police district.

(3)The Secretary of State shall not exercise his power under subsection (1) of this section to make alterations unless either—

(a)he has received a request to make the alterations from the police authority for each of the areas (other than the metropolitan police district) affected by them, or

(b)it appears to him to be expedient to make the alterations in the interests of efficiency or effectiveness.

(4)The Secretary of State shall exercise his power to make orders under this section in such a way as to ensure that none of the following areas—

(a)a county in which there are no district councils,

(b)a district in any other county,

(c)a county borough in Wales, and

(d)a London borough,

is divided between two or more police areas.

(5)Subsection (4) shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.

21A Alteration of Welsh police areas on local government reorganisation.

(1)The Secretary of State shall by order made before 1st April 1996 make such alterations to police areas in Wales as he considers necessary or expedient in connection with the reorganisation of local government in Wales taking place on that date.

(2)The alterations that may be made by an order under subsection (1) of this section include alterations that result in a reduction or an increase in the number of police areas, but not alterations that result in the division of any county or county borough between two or more police areas.

(3)The Secretary of State shall make an order under subsection (1) of this section only after he has consulted every body within the following paragraphs which is in existence when the order is made—

(a)the police authorities established under section 3 of this Act for the police areas altered by the order;

(b)the police authorities which are to be superseded by the police authorities mentioned in paragraph (a) of this subsection;

(c)the county councils which—

(i)are the councils of counties wholly or partly within the police areas altered by the order, and

(ii)are to cease to exist on 1st April 1996 by virtue of the M10Local Government (Wales) Act 1994;

(d)the councils of the counties and county boroughs established by virtue of that Act which are wholly or partly within the police areas altered by the order;

and such other persons as he considers appropriate.

21B Objections to alterations proposed by Secretary of State.

(1)Before making an order under section 21 of this Act by virtue of paragraph (b) of subsection (3) of that section, the Secretary of State shall give notice of his proposal to—

(a)the police authority for every area (other than the metropolitan police district) that he proposes to alter,

(b)the council of every county, district, county borough or London borough wholly or partly within any area (other than the metropolitan police district) that he proposes to alter,

(c)the council of every London borough, county or district all or part of which would under the proposal be brought into or left out of the metropolitan police district, and

(d)such other persons as he considers appropriate.

(2)A notice under subsection (1) of this section shall—

(a)specify the proposed alterations and describe the general nature of any related provisions proposed to be included in the order,

(b)set out the Secretary of State’s reasons for proposing the alterations, and

(c)specify a date before which any objections to the proposals are to be delivered to the Secretary of State.

(3)The date specified under subsection (2)(c) of this section shall fall after the end of the period of four months beginning with the date of the notice.

(4)Where objections have been duly delivered to the Secretary of State by a person notified under subsection (1) of this section, the Secretary of State shall before making the order under section 21 of this Act—

(a)consider the objections, and

(b)give to that person a further notice stating whether he accepts the objections and, if he does not, giving his reasons.

(5)Where the Secretary of State has given a notice under subsection (1) of this section specifying proposed alterations, the provisions of an order making the alterations may be inconsistent with the notice so far as it describes the general nature of the provisions, and may contain provisions not referred to in the notice.

21C Orders altering police areas: supplementary provisions.

(1)The power to make orders under section 21 or 21A of this Act includes power to make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient, including—

(a)provision as to the membership of a police authority;

(b)provision for the transfer of property, rights and liabilities;

(c)provision for the transfer of members of police forces and other persons;

(d)provision as to pending legal proceedings.

(2)Without prejudice to subsection (1) of this section, the power to make orders under section 21 or 21A of this Act includes power—

(a)to amend Schedule 1A to this Act and section 76 of the M11London Government Act 1963 (extent of metropolitan police district), and

(b)to amend any other enactment, and any instrument made under any enactment, where the amendment is consequential on any provision of the order.

(3)No order shall be made under section 21 of this Act by virtue of paragraph (b) of subsection (3) of that section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(4)An order to which subsection (3) of this section applies, and which would apart from this subsection be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, shall proceed in that House as if it were not such an instrument.

(5)A statutory instrument containing an order under section 21 or 21A of this Act, other than an order to which subsection (3) of this section applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

15 Functions of Secretary of State.E+W

After section 28 of the 1964 Act there shall be inserted—

“28A Setting of objectives for police authorities.

(1)The Secretary of State may by order determine objectives for the policing of the areas of all police authorities established under section 3 of this Act.

(2)Before making an order under this section the Secretary of State shall consult—

(a)persons whom he considers to represent the interests of police authorities established under section 3 of this Act, and

(b)persons whom he considers to represent the interests of chief constables of forces maintained by those authorities.

(3)A statutory instrument containing an order under this section shall be laid before Parliament after being made.

28B Setting of performance targets.

(1)Where an objective has been determined under section 28A of this Act, the Secretary of State may direct police authorities to establish levels of performance (“performance targets") to be aimed at in seeking to achieve the objective.

(2)A direction under this section may be given to all police authorities established under section 3 of this Act or to one or more particular authorities.

(3)A direction given under this section may impose conditions with which the performance targets must conform, and different conditions may be imposed for different authorities.

(4)The Secretary of State shall arrange for any direction given under this section to be published in such manner as he thinks fit.

28C Codes of practice.

(1)The Secretary of State may issue codes of practice relating to the discharge by police authorities established under section 3 of this Act of any of their functions.

(2)The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section.

(3)The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.

28D Power to give directions to police authorities after adverse reports.

(1)The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 38 of this Act of any police force maintained under section 2 of this Act.

(2)Where a report made to the Secretary of State under section 38 of this Act on an inspection carried out for the purposes of this section states—

(a)that, in the opinion of the person making the report, the force inspected is not efficient or not effective, or

(b)that in his opinion, unless remedial measures are taken, the force will cease to be efficient or will cease to be effective,

the Secretary of State may direct the police authority responsible for maintaining the force to take such measures as may be specified in the direction.”

16 Reports from police authorities.E+W

After section 29 of the 1964 Act there shall be inserted—

“29A Reports from police authorities.

(1)A police authority shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the discharge of the authority’s functions, or otherwise with the policing of its area, as may be specified in the requirement.

(2)A requirement under subsection (1) of this section may specify the form in which a report is to be given.

(3)The Secretary of State may arrange, or require the police authority to arrange, for a report under this section to be published in such manner as he thinks fit.”

17 Police grant and other grants.E+W

For section 31 of the 1964 Act there shall be substituted—

“31 Police grant.

(1)Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to—

(a)police authorities for areas other than the metropolitan police district, and

(b)the Receiver for the Metropolitan Police District;

and in those provisions references to police authorities shall be taken as including references to the Receiver.

(2)For each financial year the Secretary of State shall with the approval of the Treasury determine—

(a)the aggregate amount of grants to be made under this section, and

(b)the amount of the grant to be made to each authority;

and any determination may be varied by further determinations under this subsection.

(3)The Secretary of State shall prepare a report setting out any determination under subsection (2) of this section, and stating the considerations which he took into account in making the determination.

(4)In determining the allocation among police authorities of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.

(5)The considerations which the Secretary of State takes into account in making a determination under subsection (2) of this section, and the formulae and other rules referred to in subsection (4), may be different for different authorities or different classes of authority.

(6)A copy of every report prepared under subsection (3) of this section shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.

(7)A grant to a police authority under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.

(8)Where in consequence of a further determination under subsection (2) of this section the amount of an authority’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by the authority to the Secretary of State on such day as he may specify; but no sum shall be payable by an authority under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.

31A Grants for capital expenditure.

(1)The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes by—

(a)police authorities for areas other than the metropolitan police district, and

(b)the Receiver for the Metropolitan Police District.

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

31B Grants for expenditure on safeguarding national security.

(1)The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes by—

(a)police authorities for areas other than the metropolitan police district, and

(b)the Receiver for the Metropolitan Police District,

in connection with safeguarding national security.

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.”

18 Regulations for police forces.E+W

(1)Section 33 of the 1964 Act (regulations for the administration etc. of police forces) shall be amended as follows.

(2)In subsection (2) (which lists certain matters with respect to which regulations may be made) for paragraph (e) (discipline) there shall be substituted—

“(e)the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;”.

(3)After that subsection there shall be inserted—

“(3)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or make provision for the establishment of, procedures for cases in which a member of a police force may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution, and

(b)make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) of this subsection is decided—

(i)where he is an officer of the metropolitan police force, by the Commissioner of Police of the Metropolis, and

(ii)where he is an officer of any other force, by the police authority which maintains the force or by a committee of that authority.

For the purposes of this subsection “senior officer” means a member of a police force holding a rank above that of superintendent.

(3A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (3)(b) of this section,—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers or other persons, or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.”

(4)After subsection (4) there shall be inserted—

“(4A)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.”

(5)In subsection (5) the words “and may" onwards shall be omitted.

22 Assistant inspectors and staff officers.E+W

In section 39 of the 1964 Act for subsection (1) (appointment of assistant inspectors of constabulary and staff officers) there shall be substituted—

“(1)The Secretary of State may appoint assistant inspectors of constabulary.

(1A)Members of a police force may be appointed by the Secretary of State to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.”

25 Acceptance of gifts and loans.E+W

After section 53A of the 1964 Act there shall be inserted—

“53B Acceptance of gifts and loans.

(1)A police authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as the authority thinks fit.

(2)The terms on which gifts or loans are accepted under subsection (1) of this section may include terms providing for the commercial sponsorship of any activity of the police authority or of the police force maintained by it.

(3)In the application of this section to the metropolitan police, for the references to the police authority there shall be substituted references to the Receiver for the Metropolitan Police District.”

26 Police officers engaged on service outside their force.E+W

After section 53B of the 1964 Act there shall be inserted—

“53C Police officers engaged on service outside their force.

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 15A(2) of this Act,

(b)central service (as defined in section 43(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c)service the expenses of which are payable under section 1(1) of the M13Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d)service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e)service pursuant to an appointment under section 10 of the M14Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2)In subsection (1) of this section “appropriate authority” has the same meaning as in section 43 of this Act.

(3)Subject to subsections (4) to (7) of this section, a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M15Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 33 of this Act fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) to regulations made under the M16Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of M17the Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A member of a police force who—

(a)has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section, or

(b)while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the M18Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (3) of section 33 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 37 of this Act shall apply accordingly.

(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection, it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.”

Chapter IIU.K. OTHER PROVISIONS ABOUT THE POLICE

Financial provisionsE+W

27 Precepts.E+W

(1)In section 39 of the M19Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—

“(b)a police authority established under section 3 of the M20Police Act 1964;”.

(2)In section 54 of that Act (designation of authorities whose budget requirements are to be limited), in subsection (3) (classes of authorities to be treated on same principles) for paragraph (f) there shall be substituted—

“(f)police authorities established under section 3 of the M21Police Act 1964;”.

28 Approval of decisions about precepts.E+W

(1)A police authority established under section 3 of the 1964 Act shall not—

(a)issue a precept under section 40 of the M22Local Government Finance Act 1992, or

(b)make the calculations required by section 43 of that Act,

except by a decision of the authority which complies with subsection (2) below.

(2)A decision complies with this subsection only if the members approving it—

(a)constitute at least half of the total membership at the time of the decision, and

(b)include more than half of the members (at that time) appointed under paragraph 2 of Schedule 1B to the 1964 Act (local authority appointees).

31 Financial administration.E+W

In section 111 of the M28Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—

“(e)a police authority established under section 3 of the M29Police Act 1964,”.

32 Initial financing of new police authorities.E+W

(1)The Secretary of State may make grants to any police authority established under section 3 of the 1964 Act in respect of expenditure incurred (or to be incurred) by it at any time before the beginning of its first precepting year.

(2)Without prejudice to any other powers to borrow, a police authority established under section 3 of the 1964 Act may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of meeting its expenditure before the beginning of its first precepting year.

(3)The sums borrowed by an authority under this section shall not exceed such amount as the Secretary of State may determine, and shall be repaid before the end of its first precepting year.

(4)In this section the “first precepting year" of a police authority is the financial year in which revenue is first received by it as a result of a precept issued by it under Part I of the M30Local Government Finance Act 1992.

33 Validation of past grants.E+W

(1)Any deductions made from grants under section 31 of the 1964 Act for any period ended after 31st March 1980 and before the passing of this Act on account of common services expenditure shall be deemed to have been made in accordance with that section and any order made under it.

(2)In subsection (1) above “common services expenditure” means expenditure incurred by the Secretary of State under—

(a)section 41 (common services) of the 1964 Act, or

(b)section 44 (Police Federations) of that Act, or

(c)section 4 of the M31Police Act 1969 (Police Council for the United Kingdom) or section 1 of the M32Police Negotiating Board Act 1980.

Complaints against and conduct of police officersE+W

Reorganisation of local governmentE+W

39 Police areas in England: alterations under Local Government Act 1992.E+W

(1)The M38Local Government Act 1992 shall be amended as follows.

(2)In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.

(3)In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.

(4)In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.

(5)After subsection (5) of section 17 there shall be added—

“(6)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that none of the following areas—

(a)a county in which there are no district councils,

(b)a district in any other county, and

(c)a London borough,

is divided between two or more police areas; but this subsection shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.”

(6)In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.

(7)In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.

MiscellaneousU.K.

41 Metropolitan police: assistant commissioners.E+W

In section 2 of the M40Metropolitan Police Act 1856 (power to appoint six assistant commissioners of police)—

(a)the word “six", and

(b)the words “and upon every vacancy" onwards,

shall be omitted.

42 Application of Firearms Act 1968 to civilian staff.E+W+S

In section 54 of the M41Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—

“(3)For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

(a)a member of a police force, or

(b)a person employed by a police authority who is under the direction and control of a chief officer of police.”

43 Application to police authorities of enactments relating to local authorities etc.U.K.

Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.

44 Minor and consequential amendments.U.K.

Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.

45 Application of certain provisions to new police authorities.E+W+S

(1)Any relevant legislative provision which, immediately before the passing of this Act, applied to police authorities constituted in accordance with section 2 of the 1964 Act shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 of the 1964 Act (as substituted by section 2 of this Act).

(2)Subsection (1) above is subject to any provision to the contrary made by or under this Act.

(3)For the purposes of subsection (1) above, a provision is a “relevant legislative provision” if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—

(a)was made before the passing of this Act under a public general Act, and

(b)is of a legislative character.

46 Interpretation of Part I.E+W+S

In this Part of this Act “the 1964 Act” means the M42Police Act 1964.

Part IIS POLICE (SCOTLAND)

50 Provision of advice and assistance to international organisations etc.S

After section 12 of the 1967 Act there shall be inserted—

“12A Provision of advice and assistance to international organisations etc.

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice and assistance provided by it under this section.

(7)The provisions of this section are without prejudice to the M44Police (Overseas Service) Act 1945 and section 10 of the M45Overseas Development and Co-operation Act 1980.”.

52 Regulations for police forces.S

(1)Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows.

(2)In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted—

“(e)the conduct and efficiency of constables;”.

(3)After that subsection there shall be inserted—

“(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b)make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained.

(2B)In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(2C)Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced.”.

(4)Subsection (7) shall be omitted.

60 Constables engaged on service outside their force.S

After section 38 of the 1967 Act there shall be inserted—

“38A Constables engaged on service outside their force.

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

(b)central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c)service the expenses of which are payable under section 1(1) of the M47Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d)service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e)service pursuant to an appointment under section 10 of the M48Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2)In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.

(3)Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M49Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M50Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M51Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A constable who—

(a)has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,

(b)while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M52Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.

(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.”.

63 Other amendments of 1967 Act.S

(1)The 1967 Act shall be amended in accordance with this section.

(2)In section 6(2) (application of certain provisions of 1967 Act to constables below rank of assistant chief constable) the words “a deputy chief constable" shall be omitted.

(3)In section 7(3) (assignment of lower rank), for the words from “as to" to the end there shall be substituted the words “ made in accordance with section 26(2A) of this Act ”.

(4)In section 24 (effect of amalgamation scheme on constables engaged in service other than with their own force)—

(a)in subsection (1) for the words from “either" to “transferred force" there shall be substituted the words “ a person is engaged in relevant service within the meaning of section 38A of this Act ”;

(b)in subsection (2) for the word “overseas" in each of the three places where it occurs there shall be substituted the word “ relevant ”; and

(c)in subsection (3), the words from “and the expression" onwards shall be omitted.

(5)In section 31 (requirement for chief constable to retire in interests of efficiency)—

(a)in subsection (2)—

(i)for the words “a deputy or" there shall be substituted the word “ an ”; and

(ii)the words “or deputy" shall be omitted; and

(b)in subsection (4), the words “or deputy" shall be omitted.

(6)In section 32(1) (payment towards expenses of police authorities and joint police committees) after the words “19(6)" there shall be inserted the words “ , section 32A ”.

(7)In section 38—

(a)in subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 38A(3) of this Act ”; and

(b)in subsection (5) (interpretation), in the definition of “central service" for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 34 of this Act ”.

(8)In section 42(1) (offence of causing disaffection amongst constables), the words “or to commit breaches of discipline" shall be omitted.

(9)In section 51 (interpretation)—

(a)in subsection (1), the definitions of “regular constable", “special constable" and “temporary constable" shall be omitted; and

(b)after subsection (3) there shall be inserted— “ (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. ”.

(10)In Schedule 2 (transitory provisions for purposes of amalgamation schemes), paragraph 2 shall be omitted.

65 Interpretation of Part II.S

In this Part of this Act “the 1967 Act” means the M54Police (Scotland) Act 1967.

Part IIIN.I. POLICE (NORTHERN IRELAND)

66 Regulations for administration, etc. of Royal Ulster Constabulary.N.I.

(1)Section 25 of the M55Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows.

(2)Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted.

(3)For subsections (6) and (7) there shall be substituted—

“(5A)In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(e) and (f)), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(5B)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(6)Where regulations under subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make consequential amendments to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.”

67 Regulations for administration, etc. of reserve constables.N.I.

(1)Section 26 of the M56Police Act (Northern Ireland) 1970 (regulations for administration, etc. of reserve constables) shall be amended as follows.

(2)Subsection (3) (Treasury concurrence required for certain regulations) shall be omitted.

(3)At the end there shall be added—

“(4)In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(cc) and (d)), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.”

68 Minor and consequential amendments.N.I.

(1)The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments.

(2)Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted.

(3)In section 34 (orders and regulations)—

(a)for subsection (1) there shall be substituted—

“(1)Regulations and orders under this Act (other than orders under section 4(3)) shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the M57Statutory Instruments Act 1946 shall apply accordingly.”;

(b)after subsection (1) there shall be inserted—

“(1A)The following regulations shall not be made without the concurrence of the Treasury, namely—

(a)regulations under section 10 for regulating pensions;

(b)regulations under section 25 providing for any of the matters specified in subsection (2)(k) of that section;

(c)regulations under section 26 providing for the matter specified in subsection (2)(f) of that section.”;

(c)in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”.

(4)In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.

Part IVE+W MAGISTRATES’ COURT

Magistrates’ courts committeesE+W

69 Alteration of magistrates’ courts committee areas.E+W

(1)A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals—

(a)for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or

(b)for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees.

(2)Before submitting such proposals, the magistrates’ courts committee shall consult—

(a)the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates,

(b)any other magistrates’ courts committee to which the proposal relates, and

(c)every interested authority.

(3)Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide—

(a)for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or

(b)for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees.

(4)The Lord Chancellor shall not make an order under subsection (3) above unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates.

(5)Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a)the magistrates for each of the existing magistrates’ courts committee areas to which the order relates,

(b)the magistrates’ courts committees to which the proposal relates, and

(c)every interested authority.

(6)For the purposes of subsection (5) above, an order shall be taken to implement proposals if it implements them without alteration or the departures from the proposals do not, in the opinion of the Lord Chancellor, effect important alterations in the proposals.

(7)Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas.

(8)An order under subsection (3) above may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including—

(a)provision for the transfer of property, rights and liabilities,

(b)provision for the management or custody of transferred property (whether real or personal), and

(c)provision for any magistrates’ courts committee coming into existence by virtue of the order to be constituted under section 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it.

(9)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

• “existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of—

  (a)

  section 19(2) of the 1979 Act (as amended by section 79(4) of this Act),

  (b)

  an order made under section 19(3) of that Act before the commencement of this section, or

  (c)

  a previous order under subsection (3) above;

• “interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area;

• “local authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above.

(12)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

70 Constitution of magistrates’ courts committees.E+W

For section 20 of the 1979 Act there shall be substituted—

“20 Constitution of magistrates’ courts committees.

(1)A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act.

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5)In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.”

71 Regulations as to constitution etc. of magistrates’ courts committees.E+W

(1)Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows.

(2)After subsection (1) there shall be inserted—

“(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.”

(3)For subsection (2) there shall be substituted—

“(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(b)enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(2A)Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.”

74 Reports and plans.E+W

After section 24B of the 1979 Act there shall be inserted—

“24C Reports and plans.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(3)The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.”

Justices’ chief executives, justices’ clerks and staffE+W

78 Independence of justices’ clerk and staff in relation to legal functions.E+W

After section 30 of the 1979 Act there shall be inserted—

“30A Independence of justices’ clerk and staff in relation to legal functions.

(1)When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M58Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.”

Administrative and financial arrangementsE+W

85 Regulations as to accounts and audit.E+W

After section 62 of the 1979 Act there shall be inserted—

“62A Regulations as to accounts and audit.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—

(a)to keep prescribed accounts and prescribed records in relation to those accounts, and

(b)to cause any such accounts to be audited in accordance with the regulations.

(2)In subsection (1) above “prescribed” means prescribed by the regulations.”

Inspectors of the magistrates’ courts serviceE+W

86 Inspectors of the magistrates’ courts service.E+W

(1)The Lord Chancellor may appoint such number of inspectors of the magistrates’ courts service (to be known collectively as “Her Majesty’s Magistrates’ Courts Service Inspectorate”) as he may consider appropriate.

(2)The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.

(3)It shall be the duty of inspectors of the magistrates’ courts service—

(a)to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area, and

(b)to discharge such other functions in connection with the organisation and administration of magistrates’ courts as the Lord Chancellor may from time to time direct.

(4)Her Majesty’s Chief Inspector of the Magistrates’ Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.

(5)The Lord Chancellor shall make to or in respect of inspectors of the magistrates’ courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.

(6)Any person appointed by the Lord Chancellor before the commencement of this section as an inspector of the magistrates’ courts service, or as Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, shall be taken to have been appointed under this section.

87 Powers of inspectors.E+W

(1)Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 86 above shall have at all reasonable times—

(a)a right of entry to any court-house or other premises occupied by a magistrates’ courts committee, and

(b)a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.

(2)Subsection (1) above does not entitle an inspector—

(a)to be present when a magistrates’ court is hearing proceedings in private, or

(b)to attend any private deliberations of the justices of the peace.

(3)The records referred to in paragraph (b) of subsection (1) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by that subsection—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question, and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used, or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

Default powersE+W

88 Default powers.E+W

(1)The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates’ courts committee—

(a)are failing properly to discharge any duty imposed on them by or under any enactment, or

(b)have so failed and are likely to do so again.

(2)Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates’ courts committee specifying the default or defaults to which the order relates.

(3)An order under this subsection shall—

(a)state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and

(b)provide either or both of the following—

(i)that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or

(ii)that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.

(4)If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order—

(a)stating that he remains of that opinion, and

(b)providing—

(i)that all the members of the committee are to vacate their office on the making of the order, and

(ii)that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).

(5)An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 21 of the 1979 Act, to take office at the end of the specified period.

(6)In relation to the magistrates’ courts committee for an area which consists of or includes the whole or any part of the inner London area, the reference in subsection (3)(b)(ii) above to members of the committee does not include the chief metropolitan stipendiary magistrate; and where an order under subsection (4) above is made in relation to any such committee, subsections (3) and (4) of section 20 of the 1979 Act (under which the chief metropolitan stipendiary magistrate and other stipendiary magistrates are members of the committee) shall not have effect in relation to the committee during the period specified in the order.

Studies by Audit CommissionE+W

89 Studies by Audit Commission.E+W

(1)The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—

(a)designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions, and

(b)for improving the financial or other management of the committee.

(2)Any magistrates’ courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.

(3)The Audit Commission shall charge the magistrates’ courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.

(4)In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

GeneralE+W

90 Regulations under Justices of the Peace Act 1979.E+W

After section 69 of the 1979 Act there shall be inserted—

“69A Regulations.

A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 12, 21, 24C, 24D(2), 25(2) or 62A of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

91 Minor and consequential amendments.E+W

(1)Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates’ courts) shall have effect.

(2)The repeal of subsections (1), (2) and (4) of section 27 of the 1979 Act does not affect any justices’ clerks in relation to whom section 26A(1) of the 1979 Act does not have effect.

(3)The repeal of sections 36 and 36A of the 1979 Act does not affect the division of the inner London area into petty sessional divisions as existing immediately before the commencement of the repeal or the names of those petty sessional divisions.

92 Interpretation of Part IV.E+W

(1)In this Part of this Act “the 1979 Act” means the M67Justices of the Peace Act 1979.

(2)Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.

Part VU.K. Supplementary

93 Repeals.U.K.

The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

94 Commencement and transitional provisions.U.K.

(1)Except as provided by subsections (2) and (3) below, the preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may by order appoint.

(2)The following provisions of this Act—

• Part IV and Schedule 8, and

• Part II of Schedule 9 and section 93 so far as it relates to that Part of that Schedule,

shall come into force on such day as the Lord Chancellor may by order appoint.

(3)The following provisions of this Act—

(a)section 3 and Schedule 2, so far as they relate to—

(i)the power to make orders under the section inserted by section 3, or

(ii)the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,

(b)sections 13 and 50,

(c)sections 26 and 60, subsections (4) and (7)(a) of section 63, and paragraphs 17 to 20 of Schedule 5, so far as they relate to service in accordance with arrangements made under section 15A(2) of the M68Police Act 1964 or section 12A(2) of the M69Police (Scotland) Act 1967, and

(d)section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,

shall come into force on the passing of this Act.

(4)An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.

(5)The power to make orders under subsection (1) or (2) above includes power to make such transitional provisions and savings as appear to the Secretary of State or, as the case may be, the Lord Chancellor to be necessary or expedient.

(6)Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision—

(a)for the co-existence, for such period as may be prescribed by the order, of the police authorities to be established under section 3 of the M70Police Act 1964 (“the new police authorities") and the police authorities which they are to supersede (“the old police authorities"); for the division of functions between them; for the performance by the old police authorities, before the new police authorities come into existence, of functions prescribed by the order and for consequential and supplementary matters (including the modification of the application in relation to them of provisions of this or any other Act or of any instrument);

(b)for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(c)for the transfer of members of police forces and other persons;

(d)as to pending legal proceedings;

(e)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(f)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.

(7)Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision—

(a)for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(b)for the Lord Chancellor, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(c)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.

(8)An order under this section shall be made by statutory instrument which, if the order contains provisions made by virtue of subsections (5) to (7) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

95 Police: co-operation on implementation.U.K.

(1)It shall be the duty of the relevant authorities and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of this Act and any transfer of functions, property or staff made under it.

(2)In subsection (1) above “relevant authorities” means the police authorities to be established under section 3 of the M71Police Act 1964 and the police authorities which they are to supersede, and

(a)where the police authority to be superseded is a committee of a council constituted in accordance with section 2 of that Act, that council, and

(b)where the police authority to be superseded is a combined police authority constituted in accordance with section 3(4) of that Act, the constituent councils.

96 Extent.U.K.

(1)The following provisions of this Act extend to England and Wales only—

• sections 1 to 41 together with Schedules 1 to 3;

• Part IV together with Schedule 8;

• Schedules 4 and 5 so far as they relate to enactments which extend to England and Wales only.

(2)Part II of, together with Schedule 6 to, this Act extends to Scotland only.

(3)The following provisions of this Act extend to Northern Ireland (and in the case of Part III to Northern Ireland only)—

• sections 43 and 44 together with Schedules 4 and 5 so far as they relate to enactments which extend there;

• Part III;

• Part V.

(4)The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.

(5)Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.

97 Short title.U.K.

This Act may be cited as the Police and Magistrates’ Courts Act 1994.

SCHEDULES

Section 1.

SCHEDULE 1E+W SCHEDULE TO BE INSERTED IN POLICE ACT 1964: POLICE AREAS

“Schedule 1AE+W POLICE AREAS

England (except London)E+W

WalesE+W

Section 3.

SCHEDULE 2E+W SCHEDULES TO BE INSERTED IN POLICE ACT 1964: POLICE AUTHORITIES

“Schedule 1BE+W POLICE AUTHORITIES ESTABLISHED UNDER SECTION 3

Membership of police authoritiesE+W

1(1)Where, by virtue of section 3A of this Act, a police authority is to consist of seventeen members—

(a)nine of those members shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b)five shall be persons appointed under paragraph 5, and

(c)three shall be magistrates appointed under paragraph 8.

(2)Where, by virtue of an order under subsection (2) of that section, a police authority is to consist of more than seventeen members—

(a)a number which is greater by one than the number of members provided for in paragraphs (b) and (c) of this sub-paragraph shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b)such number as may be prescribed by the order, not exceeding one third of the total membership, shall be persons appointed under paragraph 5, and

(c)the remainder shall be magistrates appointed under paragraph 8.

Appointment of members by relevant councilsE+W

2(1)In the case of a police authority in relation to which there is only one relevant council, the members of the police authority referred to in paragraph 1(1)(a) or (2)(a) of this Schedule shall be appointed by that council.

(2)In any other case, those members shall be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.

3The number of members of the joint committee, and the number of those members to be appointed by each relevant council, shall be such as the councils may agree or, in the absence of agreement, as may be determined by the Secretary of State.

4(1)A council or joint committee shall exercise its power to appoint members of a police authority under paragraph 2 of this Schedule so as to ensure that, so far as practicable, the members for whose appointment it is responsible reflect—

(a)in the case of appointments by a council, the balance of parties for the time being prevailing among the members of the council, and

(b)in the case of appointments by a joint committee, the balance of parties for the time being prevailing among the members of the relevant councils taken as a whole.

(2)The members referred to in sub-paragraph (1)(a) and (b) of this paragraph do not include any member of a relevant council who is disqualified for being appointed as or being a member of the police authority under paragraph 13 of this Schedule.

Appointment of independent membersE+W

5The members of a police authority referred to in paragraph 1(1)(b) or (2)(b) of this Schedule shall be appointed—

(a)by the members of the police authority appointed under paragraph 2 or 8,

(b)from among persons on a short-list prepared by the Secretary of State in accordance with Schedule 1C to this Act.

6(1)Every police authority shall arrange for a notice stating—

(a)the name of each of its members appointed under paragraph 5 of this Schedule, and

(b)such other information relating to him as the authority considers appropriate,

to be published in such manner as it thinks fit.

(2)A police authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under sub-paragraph (1) of this paragraph.

Appointment of magistratesE+W

7The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) of this Schedule—

(a)must be magistrates for an area all or part of which constitutes or forms part of the authority’s area, and

(b)shall be appointed in accordance with paragraph 8 of this Schedule;

and in that paragraph and paragraph 9 references to a panel are references to a selection panel established under regulations made in accordance with section 21(1A) of the M72Justices of the Peace Act 1979.

8(1)Where there is a panel for an area which constitutes or includes the police authority’s area, that panel shall make the appointment.

(2)Where the area of more than one panel falls wholly or partly within the police authority’s area, the appointment shall be made by a joint committee consisting of representatives from the panels concerned.

(3)The number of members of a joint committee, and the number of those members to be appointed by each panel, shall be such as the panels may agree or, in the absence of agreement, as may be determined by the Lord Chancellor.

9In relation to any appointment made at a time when no panels have been established, paragraph 8 of this Schedule shall have effect as if for any reference to a panel there were substituted a reference to a magistrates’ courts committee.

ChairmanE+W

10(1)A police authority shall at each annual meeting appoint a chairman from among its members.

(2)The appointment under sub-paragraph (1) of this paragraph shall be the first business transacted at the meeting.

(3)On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made—

(a)at the next meeting of the authority (other than an extraordinary meeting), or

(b)if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.

DisqualificationE+W

11A person shall be disqualified for being appointed as a member of a police authority if he has attained the age of seventy years.

12(1)Subject to sub-paragraphs (3) and (4) of this paragraph, a person shall be disqualified for being appointed as or being a member of a police authority if—

(a)he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the authority are represented, or by any person holding any such office or employment;

(b)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c)he is subject to a disqualification order under the M73Company Directors Disqualification Act 1986, or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(d)he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2)A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee on which the authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified for being appointed as or being a member of that other police authority.

(3)Where a person is disqualified under sub-paragraph (1)(b) of this paragraph by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

(a)unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and