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37 Repeal of certain provisions about discipline

The following provisions of the [1984 c. 60.] Police and Criminal Evidence Act 1984 shall cease to have effect—

(a) section 67(8) (failure to comply with a code of practice is a disciplinary offence);

(b) section 92 (powers of Complaints Authority to direct reference of reports etc. to Director of Public Prosecutions);

(c) section 94 (disciplinary tribunals);

(d) section 97(4) (review of complaints procedure and reports by Complaints Authority);

(e) section 101 (discipline regulations);

(f) in section 104, subsections (1) and (2) (which prevent a police officer convicted or acquitted of a criminal offence being charged with an equivalent disciplinary offence).

38 Saving for certain complaints procedures

The amendment, by any provision of this Act, of Part IX of the [1984 c. 60.] Police and Criminal Evidence Act 1984 shall not affect any procedures established by virtue of section 96 of that Act (constabularies maintained by authorities other than police authorities) before the amendment comes into force.

Reorganisation of local government

39 Police areas in England: alterations under Local Government Act 1992

(1) The [1992 c. 14.] Local 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”.

40 Police areas in Wales: alterations under Local Government Act 1972

(1) The [1972 c. 70.] Local Government Act 1972 shall be amended as follows.

(2) In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas”.

(3) In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—

“(3A) 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 no county or county borough is divided between two or more police areas.”

(4) In section 60 (procedure for reviews)—

(a) in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area” there shall be inserted the words “and the police authority for any police area”;

(b) in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council” there shall be inserted the words “or police authority”, and after the word “such” there shall be inserted the word “principal”;

(c) in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council” there shall be inserted the words “or police authority”, and after the word “such” there shall be inserted the word “principal”.

(5) In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election” there shall be substituted the words “, election and membership”.

Miscellaneous

41 Metropolitan police: assistant commissioners

In section 2 of the [1856 c. 2.] Metropolitan 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

In section 54 of the [1978 c. 27.] Firearms 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

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

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

(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

In this Part of this Act “the 1964 Act” means the [1964 c. 48.] Police Act 1964.