Greater London Authority Act 1999

• (a) the costs of the inquiry shall be paid by the licensing authority; and

• (b) the parties at the inquiry shall bear their own costs.

Scheme to conform with Mayor’s transport strategy

8

A licensing scheme must be in conformity with the Mayor’s transport strategy.

Approval of Authority required for inclusion of certain provisions

9

The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.

Joint licensing schemes

10

• (1) The Authority may authorise or require two or more London borough councils acting jointly to make a licensing scheme applying to the whole or part of their combined areas (a “joint licensing scheme”).

• (2) In the application of this Schedule in relation to a joint licensing scheme, any reference to the licensing authority is a reference to all or any of the London borough councils concerned.

The contents of a licensing scheme

11

A licensing scheme must—

• (a) designate the area to which it applies;

• (b) state the days on which, and hours during which, the authorisation of a licence is required;

• (c) specify the rates of charge applicable in respect of licences.

Prohibition on multiple licensing schemes

12

The same premises shall not be subject to more than one licensing scheme at the same time.

The charges

13

• (1) The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.

• (2) The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for—

• (a) different days;

• (b) different times of day;

• (c) different parts of a licensing area;

• (d) different classes of controlled vehicles;

• (e) different numbers of licensed units.

• (3) In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.

The contents of a licence

14

• (1) A licence under a licensing scheme must—

• (a) state the name of the person to whom it is granted;

• (b) identify the premises to which it relates;

• (c) specify the maximum number of controlled vehicles which may be parked at those premises at any one time; and

• (d) state the amount paid in respect of the licence and set out the calculation of that amount.

• (2) A licence may be granted subject to conditions.

Duration of licences

15

A licence may not be granted for a period of more than one year.

Licensing: procedure

16

• (1) A licensing scheme may include provision for or in connection with—

• (a) the making of an application for a licence;

• (b) the grant of a licence (which must be for the licensed units applied for);

• (c) the issue of a licence;

• (d) the variation or revocation of a licence.

• (2) A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

Exemptions, reduced rates etc

17

• (1) The Secretary of State may by regulations make provision for or in connection with exempting—

• (a) a prescribed number of parking places provided at any premises from being workplace parking places, or

• (b) any prescribed class of motor vehicles from being controlled vehicles,

whether generally or in the case of any prescribed description of premises or any prescribed description of disabled or other persons.

• (2) The Secretary of State may by regulations make provision for or in connection with—

• (a) exemptions from licensing,

• (b) the application of reduced rates of charges for licences, or

• (c) the imposition of limits on the charges payable for a licence,

in the case of any prescribed description of premises or any prescribed description of disabled or other persons or, in the case of paragraph (b) or (c) above, any prescribed class of motor vehicles.

• (3) Subject to any regulations under sub-paragraph (1) or (2) above and to paragraphs 7 and 9 above, a licensing scheme may make provision exempting—

• (a) a specified number of parking places provided at any premises from being workplace parking places, or

• (b) any class of motor vehicles from being controlled vehicles,

whether generally or in relation to persons or premises of a particular description.

• (4) Subject to any regulations under sub-paragraph (1) or (2) above and to paragraphs 7 and 9 above, a licensing scheme may make provision for or in connection with—

• (a) exemptions from licensing,

• (b) the application of reduced rates of charges for licences, or

• (c) the imposition of limits on the charges payable for a licence,

in the case of any particular description of persons or premises or, in the case of paragraph (b) or (c) above, any particular class of motor vehicles.

Penalty charges

18

• (1) Regulations may make provision for or in connection with the imposition and payment of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.

• (2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).

• (3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.

Liability for charges

19

Charges imposed in respect of any premises by a licensing scheme (including penalty charges imposed in respect of any premises) shall be paid—

• (a) by the occupier of the premises; or

• (b) in prescribed circumstances, by such person as is prescribed.

Determination of disputes and appeals

20

The Lord Chancellor may by regulations make provision for or in connection with—

• (a) appeals against decisions relating to licences or in the case of a failure to make such a decision;

• (b) the determination of disputes;

• (c) appeals against determinations of disputes or in the case of a failure to make such a determination;

• (d) the appointment of persons to hear appeals.

Accounts and funds

21

• (1) A licensing authority shall keep an account relating to each of the authority’s licensing schemes.

• (2) Each of the following bodies, namely—

• (a) the Authority,

• (b) Transport for London, and

• (c) a London borough council,

shall keep an account relating to the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.

• (3) Each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for each financial year.

• (4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—

• (a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;

• (b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.

• (4A) Regulations may make further provision relating to—

• (a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme); and

• (b) the preparation and publication of statements of such accounts.

• (5) At the end of each financial year—

• (a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and

• (b) any surplus in any such account (after the application of any of the net proceeds in accordance with the following provisions)shall be dealt with in accordance with sub-paragraphs (6) and (7) below.

• (6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.

• (7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.

• (8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.

Application of the net proceeds

22

• (1) In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme’s initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely—

• (a) the Authority;

• (b) Transport for London; or

• (c) a London borough council.

• (2) Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.

• (3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.

• (4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.

• (5) The net proceeds of licensing schemes may only be applied for purposes which provide value for money.

• (6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.

• (7) In this paragraph—

• “the inception of the Authority” means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;

• “the initial period”, in the case of any licensing scheme, means—the period of ten years beginning with the coming into force of the scheme; orsuch longer period as the Secretary of State may allow in the case of any particular scheme.

Provisions supplementary to paragraph 22

23

• (1) Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be—

• (a) the likely amounts of net proceeds of licensing schemes; and

• (b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.

• (2) Before making any such regulations, the Secretary of State shall consult the Authority.

• (3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.

• (4) In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.

• (5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.

• (6) In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which—

• (a) the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or

• (b) a different scheme is, or is not, to be regarded as coming into force.

Apportionment of net proceeds of licensing schemes

24

• (1) The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—

• (a) the Authority,

• (b) Transport for London, or

• (c) such London borough councils as may be specified or described by the Authority,

for application for relevant transport purposes.

• (2) In this Schedule, any reference to a licensing authority’s share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.

• (3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.

Licensing authority’s 10 year plan for their share

25

• (1) A licensing scheme must include a statement of the licensing authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.

• (2) In sub-paragraph (1) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—

• (a) begins with the date on which the scheme comes into force; and

• (b) ends with the tenth financial year that commences on or after that date.

• (3) An order containing a licensing scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—

• (a) by the Secretary of State; and

• (b) if the scheme is a borough scheme, by the Authority.

• (4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made—

• (a) by the Authority acting on behalf of the licensing authority; and

• (b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.

Licensing authority’s 4 year programmes for their share

26

• (1) As long as a licensing scheme remains in force, the licensing authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.

• (2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—

• (a) the Secretary of State; and

• (b) in the case of a borough scheme, the Authority.

• (3) Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.

• (4) In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made—

• (a) by the Authority acting on behalf of the licensing authority; and

• (b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.

• (5) Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.

Authority’s 10 year plan for the redistributed portion

27

• (1) This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the licensing authority to another body.

• (2) The Authority shall prepare and submit to the Secretary of State a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.

• (3) In sub-paragraph (2) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—

• (a) begins with the date on which the scheme comes into force; and

• (b) ends with the tenth financial year that commences on or after that date.

• (4) An order containing a licensing scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.

Authority’s 4 year programmes for the redistributed portion

28

• (1) As long as a licensing scheme to which paragraph 27 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.

• (2) That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.

• (3) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.

• (4) A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 27 above for that scheme.

Non-compliance with paragraph 26 or 28 above

29

• (1) Except with the consent of the Secretary of State in any particular case, none of the licensing authority’s share of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.

• (2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 28 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.

• (3) In this paragraph, “the opening four year period”, in relation to any licensing scheme, means the period which—

• (a) begins with the date on which the scheme comes into force; and

• (b) ends with the fourth financial year that commences on or after that date.

4 year programmes: amendment, replacement and voluntary statements

30

• (1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—

• (a) amend the statement, or

• (b) replace it with another statement (a “replacement statement”),

but subject to the following provisions of this paragraph.

• (2) Subject to the following provisions of this paragraph, where a licensing scheme is in force—

• (a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and

• (b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.

• (3) For the purposes of this paragraph—

• (a) a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,

• (b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

• (c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 26 or 28 above shall be construed accordingly.

• (4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—

• (a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

• (b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

• (5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—

• (a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or

• (b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

• (6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—

• (a) to the Secretary of State; and

• (b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.

• (7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—

• (a) by the Authority acting on behalf of the licensing authority concerned; and

• (b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

• (8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.

• (9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

• (10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—

• (a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or

• (b) under paragraph 28 above, if it was prepared by the Authority.

• (11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.

Rights of entry

31

• (1) Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of—

• (a) ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises;

• (b) ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or

• (c) ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises.

• (2) A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.

• (3) A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.

• (4) Any person who intentionally obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (5) Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.

• (6) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph (5) above as they apply in relation to compensation under Part IV of that Act.

Evidence

32

The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a licensing scheme, to be given by the production of—

• (a) a record produced by a prescribed device; and

• (b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Expenses

33

The Authority, Transport for London or a London borough council may—

• (a) incur expenditure in or in connection with the establishment or operation of a licensing scheme; or

• (b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme.

Directions by the Authority

34

• (1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—

• (a) any of the council’s powers under this Schedule; or

• (b) for purposes connected with a licensing scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.

• (2) A London borough council shall comply with any directions given to the council by the Authority.

Guidance

35

• (1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.

• (2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.

• (3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.

Information

35A

• (1) Information obtained by—

• (a) any Minister of the Crown or government department, or

• (b) any local authority or other statutory body,

may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.

• (2) Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.

• (3) Any information—

• (a) which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or

• (b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under paragraph 33(b) above.

• (4) Information disclosed to a person under sub-paragraph (3) above—

• (a) may be disclosed to any other person for or in connection with the licensing scheme; but

• (b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the licensing scheme.

Parking in the Palace of Westminster

36

• (1) This paragraph has effect for the purposes of this Schedule and section 296 of this Act.

• (2) The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.

• (3) Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used—

• (a) by a Member or officer of either House of Parliament;

• (b) by a person employed as a member of the House of Lords staff;

• (c) by a person employed as a member of the House of Commons staff;

• (d) by a person employed by a member of either House of Parliament; or

• (e) by, or by an employee of, any person supplying or seeking to supply goods or services to—

• (i) the House of Lords,

• (ii) the House of Commons,

• (iii) any member or officer of either House of Parliament,

or any agent or sub-contractor of such a person.

• (4) No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.

• (5) No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.

• (6) No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.

• (7) In this paragraph—

• “member of the House of Commons staff” means any person—who was appointed by the House of Commons Commission; orwho is a member of the Speaker’s personal staff;

• “member of the House of Lords staff” means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords.

Crown application

37

• (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.

• (2) No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.

• (5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

Duration of licensing schemes

38

A licensing scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.

Variation and revocation of licensing schemes

39

The power to make a licensing scheme includes power , exercisable in the same manner, and subject to the same conditions and limitations,to vary or revoke such a scheme ; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme..

SCHEDULE 25 — Further amendments of the Regional Development Agencies Act 1998

Preliminary

1

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

Powers of the London Development Agency

2

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

Regional chambers

3

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

Financial arrangements

4

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

Grants

5

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

Borrowing by the Agency

6

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guarantees of the Agency’s borrowing

7

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

Loans to the Agency

8

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

Accounts

9

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

Information, reports and accountability

10

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

Annual reports

11

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

Accountability

12

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

Acquisition of land

13

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

Power to alter regions

14

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

Change of the Agency name

15

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

Power to promote or oppose Bills in Parliament

16

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

Power to give guidance and directions

17

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

Application of guidance, consent etc provisions to the Mayor

18

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

Interpretation

19

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

Amendments of Schedule 2

20

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

Promotion of Bills in Parliament by the London Development Agency

21

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

SCHEDULE 26 — The Metropolitan Police Authority: Schedule 2A to the Police Act 1996

SCHEDULE 27 — Further amendments relating to metropolitan police etc

The Metropolitan Police Act 1829

1

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

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

• (b) section 4 (the metropolitan police district);

• (c) section 5 (regulations for management of the force);

• (d) sections 10 to 12 (the Receiver); and

• (e) section 22 (watchboxes).

The Metropolitan Police Act 1856

2

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

• (a) section 2 (appointment of Assistant Commissioners);

• (b) section 6 (duties of Assistant Commissioners);

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

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

The Metropolitan Police (Receiver) Act 1861

3

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

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

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

• (c) section 9 (construction with previous Acts).

The Metropolitan Police (Receiver) Act 1867

4

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

The Metropolitan Police Act 1886

5

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

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

• (b) section 4 (Receiver: purchase of land);

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

• (d) section 7 (definition of “police receiver”).

The Riot (Damages) Act 1886

6

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

The Metropolitan Police Act 1887

7

The Metropolitan Police Act 1887 shall cease to have effect.

The Metropolitan Police (Receiver) Act 1895

8

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

The Metropolitan Police Courts Act 1897

9

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

The Police (Property) Act 1897

10

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

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

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

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

shall cease to have effect.

The Metropolitan Police Act 1899

11

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

The Police Act 1909

12

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

The Crown Lands Act 1936

13

• (1) The Crown Lands Act 1936 shall be amended as follows.

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

• (3) In section 3—

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

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

shall cease to have effect.

The London Building Acts (Amendment) Act 1939

14

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

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

The Local Government Act 1948

15

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

The Metropolitan Magistrates’ Courts Act 1959

16

• (1) The Metropolitan Magistrates’ Courts Act 1959 shall be amended as follows.

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

The Local Government (Records) Act 1962

17

• (1) The Local Government (Records) Act 1962 shall be amended as follows.

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

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

The Administration of Justice Act 1964

18

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

The Local Government Act 1966

19

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

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

The Superannuation (Miscellaneous Provisions) Act 1967

20

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

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

(i) who is employed by the Metropolitan Police Authority;

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

(2) As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs. (2A) The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person. (2B) Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him. (2C) Subsection (2B) above does not apply for the purposes of— (a) any criminal proceedings against the authorised person (or any employee of his); or (b) any contract between him and the person who authorised him, so far as relating to the function. (2D) Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member

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

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

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

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

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

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

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

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

The Leasehold Reform Act 1967

21

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

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

The Firearms Act 1968

22

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

The Local Government Grants (Social Need) Act 1969

23

• (1) The Local Government Grants (Social Need) Act 1969 shall be amended as follows.

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

The Pensions (Increase) Act 1971

24

• (1) The Pensions (Increase) Act 1971 shall be amended as follows.

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

The Local Government Act 1972

Members’ interests in contracts etc

25

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

Meetings and proceedings

26

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

Discharge of functions

27

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

Miscellaneous powers of local authorities

28

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Appearance in legal proceedings

29

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

Inspection of documents

30

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

Photographic copies of documents

31

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

Services of notices on local authorities

32

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

Public notices

33

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

Service of notices by local authorities

34

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

Authentication of documents

35

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

Meetings and proceedings

36

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

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

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

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

The Employment Agencies Act 1973

37

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

(fa) the exercise by the Metropolitan Police Authority of any of its functions;

The Local Government Act 1974

38

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

The House of Commons Disqualification Act 1975

39

• (1) The House of Commons Disqualification Act 1975 shall be amended as follows.

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

• (a) Commissioner or Assistant Commissioner of Police of the Metropolis,

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

• (c) Receiver for the Metropolitan Police District,

shall cease to have effect.

The Northern Ireland Assembly Disqualification Act 1975

40

• (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.

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

• (a) Commissioner or Assistant Commissioner of Police of the Metropolis,

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

• (c) Receiver for the Metropolitan Police District,

shall cease to have effect.

The Local Government (Miscellaneous Provisions) Act 1976

41

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

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

The Local Government, Planning and Land Act 1980

Direct labour organisations

42

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

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

Rate support grants

43

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

Disposal of land held by public bodies

44

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

(dcc) the Metropolitan Police Authority;

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

(5CC) The Metropolitan Police Authority.

The Local Government (Miscellaneous Provisions) Act 1982

45

• (1) The Local Government (Miscellaneous Provisions) Act 1982 shall be amended as follows.

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

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

(caa) the Metropolitan Police Authority; and

The Aviation Security Act 1982

46

• (1) The Aviation Security Act 1982 shall be amended as follows.

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

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

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

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

The Insurance Companies Act 1982

47

• (1) The Insurance Companies Act 1982 shall be amended as follows.

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

The Road Traffic Regulation Act 1984

48

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

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

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

The County Courts Act 1984

49

In section 60 of the County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority) in subsection (3), in the definition of “local authority”, after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

The Rates Act 1984

50

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

The Housing Act 1985

51

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

The Housing Associations Act 1985

52

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

The Landlord and Tenant Act 1985

53

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

The Local Government Act 1986

Publicity etc

54

In section 6 of the 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,

Transfer of local authority mortgages

55

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

the Metropolitan Police Authority,

The Local Government Act 1988

Competition

56

In section 1 of the 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,

Public supply or works contracts

57

In Schedule 2 to the 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 Police Act 1996 there shall be inserted—

The Metropolitan Police Authority.

The Local Government Finance Act 1988

58

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

The Housing Act 1988

59

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

The Road Traffic Act 1988

Police driving instructors

60

In section 124 of the 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.

Exceptions from requirement of third party insurance or security

61

In section 144 of the 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.

The Local Government and Housing Act 1989

Monitoring officers

62

In section 5 of the 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 ”.

Members, officers, staff, committees etc

63

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

Financial provisions

64

In section 157 of the 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;

The Town and Country Planning Act 1990

Orders relating to highways

65

In section 252 of the 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 Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.

General interpretation of “local authority”

66

In section 336(1) of the 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 ”.

The War Crimes Act 1991

67

In section 2 of the 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 ”.

The Value Added Tax Act 1994

68

In section 33 of the 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.

The Police Act 1996

Police areas

69

In section 1 of the 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.

Local policing objectives

70

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

Local policing plans

71

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

Annual report

72

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

Police fund

73

In section 14 of the 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.

Civilian employees

74

• (1) Section 15 of the 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.

Appointment of clerk

75

• (1) Section 16 of the 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.

Appointment of persons not employed by police authorities

76

• (1) Section 17 of the 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.

Supply of goods and services

77

In section 18 of the Police Act 1996 (application of certain provisions of the 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 ”.

Questions to the Metropolitan Police Authority

78

In subsection (1) of section 20 of the 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—

(20A) (1) The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose. (2) On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.

Report by the Commissioner of Police of the Metropolis

79

• (1) Section 22 of the 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.

Special police services

80

In section 25 of the 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.

Advice and assistance to international organisations

81

In section 26 of the 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.

Police cadets

82

In section 28 of the 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.

Attestation of constable

83

In section 29 of the 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.

Alteration of police areas

84

• (1) Section 32 of the 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.

Objections to proposed alterations in police areas

85

• (1) Section 33 of the 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,

Objectives for police authorities

86

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Setting of performance targets

87

In section 38 of the 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 ”.

Codes of practice

88

In section 39(1) of the 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 ”.

Power of Secretary of State to require inspection

89

In section 40(1) of the 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 ”.

Removal of Commissioners or Commanders

90

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Reports from the Commissioner of Police of the Metropolis

91

• (1) Section 44 of the 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 ”.