SCHEDULE 27 continued
54 In section 6 of the [1986 c. 10.] Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality) in subsection (2)(a), after “section 3 of the Police Act 1996,” there shall be inserted—
“the Metropolitan Police Authority,”.
55 In section 9 of the [1986 c. 10.] Local Government Act 1986 (interpretation of provisions relating to the transfer of mortgages) in subsection (1)(a), after “section 3 of the [1996 c. 16.] Police Act 1996,” there shall be inserted—
“the Metropolitan Police Authority,”.
56 In section 1 of the [1988 c. 9.] Local Government Act 1988 (defined authorities for provisions on competition) in subsection (1), after paragraph (e) there shall be inserted—
“(eza) the Metropolitan Police Authority,”.
57 In Schedule 2 to the [1988 c. 9.] Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry relating to police authorities established under section 3 of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“The Metropolitan Police Authority.”
58 In section 126 of the [1988 c. 41.] Local Government Finance Act 1988 (variation of multipliers in supplementary reports) subsection (5) (which relates to the Receiver) shall cease to have effect.
59 In Schedule 1 to the [1988 c. 50.] Housing Act 1988 (tenancies which cannot be assured tenancies) in paragraph 12 (local authority tenancies, etc.) in sub-paragraph (2)(g), after “section 3 of the [1996 c. 16.] Police Act 1996,” there shall be inserted “the Metropolitan Police Authority,”.
60 In section 124 of the [1988 c. 52.] Road Traffic Act 1988 (exemption of police instructors from prohibition imposed by section 123 of that Act) subsection (3) (modifications of subsection (2) in its application in relation to the metropolitan police force) shall cease to have effect.
61 In section 144 of the [1988 c. 52.] Road Traffic Act 1988 (exceptions from requirement of third party insurance or security) in subsection (2)(b) (exception for vehicles owned by police authority etc)—
(a) the words “or the Receiver for the Metropolitan Police District”, and
(b) the words “or employed by the Receiver”,
shall cease to have effect.
62 In section 5 of the [1989 c. 42.] Local Government and Housing Act 1989 (designation and reports of monitoring officer) in subsection (1) (duty to designate officer as monitoring officer) after “Police Act 1996” there shall be inserted “or the Metropolitan Police Authority”.
63 In section 21(1) of the [1989 c. 42.] Local Government and Housing Act 1989 (which defines local authority for the [1996 c. 16.] purposes of Part I in relation to England and Wales) in paragraph (g), after “Police Act 1996” there shall be inserted “, the Metropolitan Police Authority”.
64 In section 157 of the [1989 c. 42.] Local Government and Housing Act 1989 (commutation of payments to local authorities) in subsection (6) (meaning of “local authority”) for paragraph (f) there shall be substituted—
“(f) the Metropolitan Police Authority;”.
65 In section 252 of the [1990 c. 8.] Town and Country Planning Act 1990 (procedure for making of orders relating to highways) in subsection (12), in the definition of “local authority”, after “section 3 of the [1996 c. 16.] Police Act 1996,” there shall be inserted “the Metropolitan Police Authority,”.
66 In section 336(1) of the [1990 c. 8.] Town and Country Planning Act 1990 (general interpretation) in paragraph (a) of the definition of “local authority”—
(a) the words “(except the Receiver for the Metropolitan Police District)” shall cease to have effect; and
(b) at the end there shall be inserted “or the Metropolitan Police Authority”.
67 In section 2 of the [1991 c. 13.] War Crimes Act 1991 (expenses) in subsection (2)(a) (expenditure by Receiver on investigations by metropolitan police) for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”.
68 In section 33 of the [1994 c. 23.] Value Added Tax Act 1994 (refunds of VAT in certain cases) in subsection (3) (which specifies the bodies to which the section applies) in paragraph (f), the words “and the Receiver for the Metropolitan Police District” shall cease to have effect.
69 In section 1 of the [1996 c. 16.] Police Act 1996 (police areas) in subsection (3) (references to local government areas) the words “but excluding any part of it within the metropolitan police district” shall cease to have effect.
70 In section 7 of the [1996 c. 16.] Police Act 1996 (annual determination of objectives for the policing of an authority’s area) after subsection (3) there shall be inserted—
“(4) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the reference to the chief constable for the area as a reference to the Commissioner of Police of the Metropolis.”
71 In section 8 of the [1996 c. 16.] Police Act 1996 (annual issue of proposed arrangements for the policing of an authority’s area) after subsection (5) there shall be inserted—
“(6) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the references to the chief constable for the area as references to the Commissioner of Police of the Metropolis.”
72 In section 9 of the [1996 c. 16.] Police Act 1996 (annual reports relating to the policing of an authority’s area) after subsection (3) there shall be inserted—
“(4) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.”
73 In section 14 of the [1996 c. 16.] Police Act 1996 (requirement that each police authority keep a police fund) after subsection (3) there shall be inserted—
“(4) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
74 (1) Section 15 of the [1996 c. 16.] Police Act 1996 (employment of civilian employees by police authorities established under section 3) shall be amended as follows.
(2) In subsection (2) (persons so employed to be under control of chief constable) for “chief constable” there shall be substituted “chief officer of police”.
(3) In subsection (3) (disapplication of subsection (2) in case of agreement between chief constable and authority etc) for “chief constable” there shall be substituted “chief officer”.
(4) After subsection (4) there shall be inserted—
“(5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
75 (1) Section 16 of the [1996 c. 16.] Police Act 1996 (appointment of clerk by each police authority) shall be amended as follows.
(2) At the beginning there shall be inserted “(1)”.
(3) After the subsection (1) so formed, there shall be inserted the following subsection—
“(2) The Metropolitan Police Authority shall appoint a person to be the clerk to the Metropolitan Police Authority.”
76 (1) Section 17 of the [1996 c. 16.] Police Act 1996 (appointment of persons not employed by police authorities) shall be amended as follows.
(2) At the beginning there shall be inserted “(1)”.
(3) After the subsection (1) so formed, there shall be inserted the following subsection—
“(2) This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.”
77 In section 18 of the [1996 c. 16.] Police Act 1996 (application of certain provisions of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 to police authorities established under section 3) after “section 3” there shall be inserted “and to the Metropolitan Police Authority”.
78 In subsection (1) of section 20 of the [1996 c. 16.] Police Act 1996 (questioning of members of police authorities at council meetings) after “police authority” there shall be inserted “established under section 3” and after that section there shall be inserted—
(1) The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.
(2) On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.”
79 (1) Section 22 of the [1996 c. 16.] Police Act 1996 (reports by chief constables etc to police authorities) shall be amended as follows.
(2) In subsection (1), for “chief constable” there shall be substituted “chief officer of police of a police force”.
(3) In subsection (2), for “chief constable” there shall be substituted “chief officer”.
(4) In subsection (3), for “chief constable” there shall be substituted “chief officer of police”.
(5) In subsections (5) and (6), for “chief constable” there shall be substituted “chief officer”.
(6) Subsection (7) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
80 In section 25 of the [1996 c. 16.] Police Act 1996 (provision of special police services, subject to payment to police authorities) subsection (2) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
81 In section 26 of the [1996 c. 16.] Police Act 1996 (provision by police authorities of advice and assistance to international organisations) subsection (7) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
82 In section 28 of the [1996 c. 16.] Police Act 1996 (appointment of police cadets) subsection (4) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
83 In section 29 of the [1996 c. 16.] Police Act 1996 (attestation of constables)—
(a) paragraph (a) (attestation before Commissioner or Assistant Commissioner in case of member of metropolitan police force etc), and
(b) in paragraph (b) (any other case) the words “in any other case,”,
shall cease to have effect.
84 (1) Section 32 of the [1996 c. 16.] Police Act 1996 (power of Secretary of State to make alterations in police areas by order) shall be amended as follows.
(2) In subsection (3)(a) (which restricts the power of the Secretary of State to make alterations unless he has received a request from the police authorities whose areas are affected) the words “(other than the metropolitan police district)” shall cease to have effect.
(3) Subsection (5) (which disapplies subsection (4) to the extent that it prevents the Secretary of State making an order maintaining the boundary of the metropolitan police district as it existed immediately before 1st April 1995) shall cease to have effect.
85 (1) Section 33 of the [1996 c. 16.] Police Act 1996 (objections to alterations in police areas proposed by the Secretary of State) shall be amended as follows.
(2) In subsection (1)(a) the words “(other than the metropolitan police district)” shall cease to have effect.
(3) In subsection (1), after paragraph (b) there shall be inserted—
“(bb) the Greater London Authority, if he proposes to alter the metropolitan police district,”.
86 (1) Section 37 of the [1996 c. 16.] Police Act 1996 (setting of objectives for police authorities) shall be amended as follows.
(2) In subsection (1) (determination of objectives for all police authorities established under section 3) for “established under section 3” there shall be substituted “to which this section applies”.
(3) After subsection (1), there shall be inserted—
“(1A) The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.”
(4) In subsection (2) (consultation)—
(a) in paragraph (a), for “established under section 3” there shall be substituted “to which this section applies”; and
(b) in paragraph (b), for “chief constables” there shall be substituted “chief officers of police”.
87 In section 38 of the [1996 c. 16.] Police Act 1996 (setting of performance targets for police authorities by the Secretary of State) in subsection (2), for “established under section 3” there shall be substituted “to which section 37 applies”.
88 In section 39(1) of the [1996 c. 16.] Police Act 1996 (issuing of codes of practice by the Secretary of State relating to the discharge of functions by police authorities established under section 3) after “section 3” there shall be inserted “and the Metropolitan Police Authority”.
89 In section 40(1) of the [1996 c. 16.] Police Act 1996 (power of Secretary of State to require an inspection of a police force maintained under section 2) after “police force maintained under section 2” there shall be inserted “or of the metropolitan police force”.
90 In section 42 of the [1996 c. 16.] Police Act 1996 (power of the Secretary of State to require a police authority to exercise its power to call upon the chief constable to retire) after subsection (4) there shall be inserted—
“(5) This section shall apply to the power of the Metropolitan Police Authority under section 9E to call upon—
(a) the Commissioner of Police of the Metropolis,
(b) the Deputy Commissioner of Police of the Metropolis,
(c) an Assistant Commissioner of Police of the Metropolis, or
(d) a Commander in the metropolitan police force,
to retire in the interests of efficiency or effectiveness as it applies to the power of a police authority under section 11.”
91 (1) Section 44 of the [1996 c. 16.] Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.
(2) In subsection (1), for the words “chief constable” and “chief constable's” there shall be substituted respectively “chief officer of police of any police force” and “chief officer's”.
(3) In subsection (3), for “chief constable” there shall be substituted “chief officer”.
(4) In subsection (4), for “Every chief constable” there shall be substituted “The chief officer of police of every police force”.
(5) Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
92 (1) Section 46 of the [1996 c. 16.] Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.
(2) In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “Greater London Authority”.
(3) In subsection (1), in the words following paragraph (b), for “Receiver” there shall be substituted “Greater London Authority”.
(4) After subsection (7) there shall be inserted—
“(7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
(5) After subsection (8) (repayment where police authority’s grant is less than that paid to it for the year) there shall be inserted—
“(9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.”
93 (1) Section 47 of the [1996 c. 16.] Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.
(2) In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”.
(3) After subsection (3) there shall be inserted—
“(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
94 (1) Section 48 of the [1996 c. 16.] Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.
(2) In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”.
(3) After subsection (3) there shall be inserted—
“(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
95 In section 50(3)(b) of the [1996 c. 16.] Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words “by the police authority which maintains the force or by a committee of that authority.”
96 In section 55 of the [1996 c. 16.] Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words “(except where he is himself the police authority)” shall cease to have effect.
97 (1) Section 65 of the [1996 c. 16.] Police Act 1996 (interpretation of Chapter I of Part IV, which relates to complaints and disciplinary proceedings) shall be amended as follows.
(2) In the definition of “the appropriate authority”—
(a) paragraph (a) (which defines the appropriate authority in relation to the metropolitan police force as the Commissioner of Police of the Metropolis), and
(b) the word “other” in paragraph (b),
shall cease to have effect.
(3) In the definition of “investigating officer” after “means” there shall be inserted “a person (whether a member of a police force or not) appointed under section 68(2B) or”.
98 (1) Section 68 of the [1996 c. 16.] Police Act 1996 (investigation of complaints against senior officers) shall be amended as follows.
(2) After subsection (2) (conduct not justifying criminal or disciplinary proceedings may be dealt with at authority’s discretion) there shall be inserted—
“(2A) In any other case, subsection (2B) or (3) shall apply.
(2B) If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis—
(a) the appropriate authority shall notify the Secretary of State; and
(b) the Secretary of State shall appoint a person to investigate the complaint.”
(3) In subsection (4) (request by appropriate authority to chief officer to provide investigating officer) for “the appropriate authority” there shall be substituted the following paragraphs—
“(a) in a case where subsection (2B) applies, the Secretary of State, or
(b) in a case where subsection (3) applies, the appropriate authority,”,
and after “for appointment under subsection” there shall be inserted “(2B) or”.
99 (1) Section 72 of the [1996 c. 16.] Police Act 1996 (supervision of investigations by Police Complaints Authority) shall be amended as follows.
(2) In subsection (3) (powers with respect to appointments under section 68(3) etc) in paragraph (a), for “section 68(3)” there shall be substituted “section 68(2B) or (3)”.
(3) After subsection (3) there shall be inserted—
“(3A) In the application of subsection (3) in relation to appointment under section 68(2B)—
(a) any reference to the appropriate authority shall be taken as a reference to the Secretary of State; and
(b) the reference in paragraph (b)(i) to another member of a police force shall be taken as a reference to another person.”
100 In section 92 of the [1996 c. 16.] Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”
101 In section 93 of the [1996 c. 16.] Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
102 (1) Section 95 of the [1996 c. 16.] Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.
(2) The following words shall cease to have effect—
(a) “the metropolitan police fund and”;
(b) “respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”;
(c) in paragraph (a), “the metropolitan police district or”; and
(d) in paragraph (b), “the metropolitan police force or”.
(3) The sidenote to the section accordingly becomes “The City of London police fund.”
103 (1) Section 96 of the [1996 c. 16.] Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.
(2) In subsection (2)—
(a) for “subsections (3) to (6)” there shall be substituted “subsection (6)”; and
(b) after “chief constable” there shall be inserted “or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,”.
(3) Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.
104 After section 96 of the [1996 c. 16.] Police Act 1996 there shall be inserted—
(1) The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.
(2) If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—
(a) to the standard specified in any agreement in force under subsection (1), or
(b) if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,
he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.
(3) The Metropolitan Police Authority shall comply with any directions given under subsection (2).
(4) For the purposes of this section “national or international functions” means functions relating to—
(a) the protection of prominent persons or their residences,
(b) national security,
(c) counter-terrorism, or
(d) the provision of services for any other national or international purpose.