Statutory Instruments
LONDON GOVERNMENT
POLICE
Made
8th June 2000
Laid before Parliament
12th June 2000
Coming into force
3rd July 2000
In exercise of the powers conferred upon him by section 405 of the Greater London Authority Act 1999(1), the Secretary of State hereby makes the following Order:
1. This Order may be cited as the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 and shall come into force on 3rd July 2000.
2.-(1) The Police Pensions Regulations 1987(2) shall be amended as follows.
(2) In regulation A18(1)(b)(i) after "if he is" there shall be inserted "the commissioner, deputy commissioner or".
(3) In regulation B1(2)(b) after "chief officer of police," there shall be inserted "deputy commissioner of police of the metropolis".
(4) In regulation L2(1) "(including the Secretary of State as police authority for the metropolitan police district)" shall be omitted.
(5) In Schedule A in the definition of "member of a police force" paragraph (a) shall be omitted.
3.-(1) The Police Authorities (Selection Panel) Regulations 1994(3) shall be amended as follows.
(2) In regulation 2-
(a)the definition of "the 1964 Act" shall be omitted;
(b)there shall be inserted ""the 1996 Act" means the Police Act 1996"(4); and
(c)in the definition of "relevant authority member" for "Schedule 1B to the 1964 Act", there shall be substituted "Schedule 2 or paragraph 3(3) of Schedule 2A to the 1996 Act"(5).
(3) In regulation 4-
(a)in paragraph (2)(d)(i) after "over 21 and" there shall be inserted "(except in the case of the Metropolitan Police Authority)"; and
(b)in paragraph (5), for "Schedule 1B to the 1964 Act" there shall be substituted "Schedule 2 or paragraph 3(3) of Schedule 2A (as the case may be) to the 1996 Act".
(4) In regulation 5(3), for "paragraphs 11, 12, 14 and 15 of Schedule 1B to the 1964 Act" there shall be substituted "paragraphs 10, 11, 13 and 14 of Schedule 2 or paragraphs 7, 8 and 9 of Schedule 2A to the 1996 Act".
(5) In regulation 6-
(a)in paragraph (2) for "Schedule 1B to the 1964 Act" there shall be substituted "Schedule 2 or paragraph 3 of Schedule 2A (as the case may be) to the 1996 Act"; and
(b)in paragraphs (3), (4) and (5)(c) for "Schedule 1C to the 1964 Act" there shall be substituted "Schedule 3 to the 1996 Act"(6).
(6) In regulation 7 for "Schedule 1C to the 1964 Act" there shall be substituted "Schedule 3 to the 1996 Act".
4.-(1) The Police Regulations 1995(7) shall be amended as follows.
(2) Regulation 5 shall be omitted.
(3) For regulation 6(2) there shall be substituted-
"(2) In its application to the metropolitan police force, paragraph (1) shall have effect as if-
(a)the references to Chief Constable and Assistant Chief Constable were omitted; and
(b)there were references to Commissioner, Deputy Commissioner and Assistant Commissioner of Police of the Metropolis and to Commander.".
(4) In regulation 10 paragraph (11)(b) shall be omitted.
(5) In regulation 13A(8)-
(a)after paragraph (1) there shall be inserted-
"(1A) This regulation applies to every appointment on or after 3rd July 2000 to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force";
(b)after paragraph (2) there shall be inserted-
"(2A) Where it is proposed to vary by agreement the conditions of service of an assistant commissioner in the metropolitan police force who holds that rank indefinitely on 3rd July 2000 so that he holds that rank instead for a fixed term-
(a)that term shall be for a period authorised by paragraph (3); and
(b)this regulation shall apply to such a variation as it applies to an appointment and as if the variation was an appointment.";
(c)in paragraph (3) after "chief constable" there shall be inserted "or to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force;" and
(d)in paragraph (4) for "commander or assistant commissioner"(9) there shall be substituted "commander in the metropolitan police force and the City of London police force or assistant commissioner in the City of London police force".
(6) In regulation 13B(10)-
(a)in paragraph (1)-
(i)"on or after 1st April 1995" shall be omitted; and
(ii)after "regulation 13A(1)(a) and (b)" there shall be inserted "or (1A)";
(b)in paragraph (3) after "regulation 13(1)(a) and (b)" there shall be inserted "or (1A)";
(c)in paragraph (6)(b) after "regulation 13(A)(2)" there shall be inserted "or (2A)"; and
(d)in paragraph (7)-
(i)in sub-paragraph (a) after "regulation 13A(1)(a)" there shall be inserted "or (1A) and commanders in the metropolitan police force"; and
(ii)for sub-paragraph (b) there shall be substituted-
"(b)in the case of commanders and assistant commissioners in the City of London police force, the Commissioner of the City of London police.".
(7) In regulation 16-
(a)for paragraph (2) there shall be substituted-
"(2) In the case of a chief officer of police, Deputy Commissioner of Police of the Metropolis, Assistant Commissioner of Police of the Metropolis, commander in the City of London or metropolitan police force or assistant chief constable, paragraph (1) shall have effect as if-
(a)for "one month's" there were substituted "three months',"; and
(b)for "chief officer of police" there were substituted "police authority"."; and
(b)in paragraph (3) after sub-paragraph (e) there shall be inserted-
"(f)the provisions of sections 9E (1) to (3) of the Police Act 1996 relating to retirement in the interests of efficiency or effectiveness(11)."
(8) In regulation 51 "or, in the case of a member of the metropolitan police force, the Receiver for the metropolitan police district" and "or to the Receiver for the metropolitan police district, as the case may be" shall be omitted.
5.-(1) The Police (Disposal of Sound Equipment) Regulations 1995(12) shall be amended as follows.
(2) Regulation 4(5) shall be omitted.
6.-(1) The Knives (Forfeited Property) Regulations 1997(13) shall be amended as follows.
(2) In regulation 2(b) for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
7.-(1) The Police (Property) Regulations 1997(14) shall be amended as follows.
(2) In regulation 3(b) for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
8.-(1) The National Crime Squad Service Authority (Levying) Order 1997(15) shall be amended as follows.
(2) In article 2-
(a)in paragraph (1)(e) the word "and" shall be omitted and after "the Common Council of the City of London" there shall be inserted "and, except in article 12 below, the Metropolitan Police Authority."; and
(b)for paragraph (2) there shall be substituted-
"(2) The references in article 13(2) and (3) to "police authorities" shall be taken in relation to the year 2000/2001 as including the Receiver for the metropolitan police district.".
(3) After article 12 there shall be inserted-
12A.-(1) The Greater London Authority when making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999(16) (originally or by way of substitution) for a financial year, may anticipate a levy to be issued to the Metropolitan Police Authority in accordance with this Order for the relevant year by the Authority in any case where such a levy has not been issued by the Authority to the Metropolitan Police Authority at the time the calculations are made.
(2) Where pursuant to paragraph (1) above, the Greater London Authority anticipates a levy to be issued by the Authority for the relevant year, the amount of the levy so anticipated shall be equal to the Greater London Authority's estimate, at the time the calculations (or last calculation) are made of the amount of the levy which will be issued to the Metropolitan Police Authority for the relevant year.
(3) Whether or not the Greater London Authority making calculations (originally or by way of substitution) for a financial year anticipates a levy to be issued in accordance with this Order-
(a)where the Authority issues such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall pay to the Authority a sum equal to the amount of the levy; and
(b)where the Authority does not issue such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall not pay any sum to the Authority in respect of such a levy.
(4) When estimating the amount of levy which will be issued to the Metropolitan Police Authority, the Greater London Authority shall do so on the basis of any information available to it at that time.".
(4) In paragraph 2 of the Schedule to the Order(17) after sub-paragraph (b) there shall be inserted-
"(c)the references to "authority", "police authority" and "police authorities" in sub-paragraphs (a) and (b) of paragraph 1 and sub-paragraphs (a) and (b) of this paragraph shall be taken as including the Greater London Authority and as excluding the Metropolitan Police Authority.".
9.-(1) The NCIS Service Authority (Levying) Order 1997(18) shall be amended as follows.
(2) In article 2-
(a)in paragraph (1)(f) the word "and" shall be omitted and after "the Common Council of the City of London" there shall be inserted "and, except in article 12 below, the Metropolitan Police Authority"; and
(b)for paragraph (2) there shall be substituted-
"(2) The references in article 13(2) and (3) to "police authorities" shall be taken in relation to the year 2000/2001 as including the Receiver for the metropolitan police district.".
(3) After article 12 there shall be inserted-
12A.-(1) The Greater London Authority when making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999 (originally or by way of substitution) for a financial year, may anticipate a levy to be issued to the Metropolitan Police Authority in accordance with this Order for the relevant year by the Authority in any case where such a levy has not been issued by the Authority to the Metropolitan Police Authority at the time the calculations are made.
(2) Where pursuant to paragraph (1) above, the Greater London Authority anticipates a levy to be issued by the Authority for the relevant year, the amount of the levy so anticipated shall be equal to the Greater London Authority's estimate, at the time the calculations (or last calculation) are made of the amount of the levy which will be issued to the Metropolitan Police Authority for the relevant year.
(3) Whether or not the Greater London Authority making calculations (originally or by way of substitution) for a financial year anticipates a levy to be issued in accordance with this Order-
(a)where the Authority issues such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall pay to the Authority a sum equal to the amount of the levy; and
(b)where the Authority does not issue such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall not pay any sum to the Authority in respect of such a levy.
(4) When estimating the amount of levy which will be issued to the Metropolitan Police Authority, the Greater London Authority shall do so on the basis of any information available to it at that time.".
(4) In the Schedule to the Order(19) after paragraph 2 there shall be inserted-
"3. In this Schedule references to "authority", "police authority" and "police authorities" shall except for the reference to "police authority" in paragraph 1 be taken as including the Greater London Authority and as excluding the Metropolitan Police Authority.".
10.-(1) The Police Authorities (Standing Orders) Regulations 1997(20) shall be amended as follows.
(2) In regulation 2(2) after "under section 3 of the Police Act 1996" there shall be inserted "and the Metropolitan Police Authority".
11.-(1) The Police (Conduct) Regulations 1999(21) shall be amended as follows.
(2) In regulation 4 the definition of "the Assistant Commissioner" shall be omitted(22).
(3) In regulation 34(1) for "the Assistant Commissioner" there shall be substituted "an assistant commissioner".
(4) For regulation 37(3) there shall be substituted-
"(3) Where the member concerned is a member of the metropolitan police force the review shall be conducted by an assistant commissioner who is not an interested party.".
12.-(1) The Police (Conduct) (Senior Officers) Regulations 1999(23) shall be amended as follows.
(2) In regulation 2 after paragraph (3) there shall be inserted-
"(4) Subject to paragraph (5), where a report, complaint or allegation has been or is received in respect of conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000 these Regulations shall have effect as if the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 had not been made.
(5) In the case of a report, complaint or allegation which relates to conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000, but is received on or after 3rd July 2000 the conduct shall be treated for the purposes of this regulation as having occurred, or as the case may be, commenced on 3rd July 2000.".
(3) In regulation 4-
(a)in paragraph (1)
(i)for the definition of "the appropriate authority" there shall be substituted-
""the appropriate authority" means, in relation to a senior officer of any police force, the police authority for the force's area;"; and
(ii)for the definition of "investigating officer" there shall be substituted-
""investigating officer" means a person (whether a member of a police force or not) appointed under section 68(2B) or section 68(3) of the 1996 Act(24) or under regulation 7, to investigate a complaint or other matter relating to the conduct of a senior officer;" and
(b)paragraph (2) shall be omitted.
(4) In regulation 7-
(a)in paragraph (2) after "paragraphs (3) and" there shall be inserted "(3A) or";
(b)after paragraph (3) there shall be inserted-
"(3A) If the matter concerns 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 (whether a member of a police force or not) as the investigating officer.";
(c)in paragraph (4) for "The investigating officer shall be" there shall be substituted "In any other case, the investigating officer shall be appointed by the appropriate authority and shall be"; and
(d)in paragraph (5) for "paragraph (3)" there shall be substituted "paragraph (3A) or (4) or section 68(2B)".
13.-(1) The Police (Efficiency) Regulations 1999(25) shall be amended as follows.
(2) In regulation 3 the definition of "the Assistant Commissioner"shall be omitted.
(3) In regulation 19(1) for "the Assistant Commissioner" there shall be substituted "an assistant commissioner".
(4) For regulation 22(3) there shall be substituted-
"(3) Where the member concerned is a member of the metropolitan police force the review shall be conducted by an assistant commissioner who is not an interested party.".
Lord Steve Bassam
Parliamentary Under-Secretary of State
Home Office
8th June 2000
(This note is not part of the Order)
This Order makes amendments to various subordinate legislation consequential on the provisions of the Greater London Authority Act 1999 in relation to the metropolitan police service. In so far as relevant, the main effects of the Act are that the Secretary of State for the Home Department is no longer the police authority for the metropolitan police and the Receiver for the Metropolitan Police District no longer has any functions in relation to the metropolitan police service. A new Metropolitan Police Authority is established under the Act and will exercise its functions from 3rd July 2000. The Act also makes amendments in relation to the senior ranks of the metropolitan police service.
1999 c. 29 (the Act).
S.I. 1994/2023.
Schedule 2 re-enacts provisions formerly in Schedule 1B to the Police Act 1964 as amended by the Police and Magistrates' Courts Act 1994 (c. 29); Schedule 2A was added by Schedule 26 to the Act.
Schedule 3 reenacts provisions formerly in Schedule 1C to the Police Act 1964 as amended by the Police and Magistrates' Courts Act 1994; Schedule 3 was amended by paragraph 106 of Schedule 27 to the Act.
S.I. 1995/215 as amended by S.I. 1995/545, S.I. 1995/547, S.I. 1995/2020, S.I. 1996/699 and S.I. 1998/493.
Regulation 13A was inserted by S.I. 1995/547.
The words "assistant commissioner" were inserted by S.I. 1995/2020.
Regulation 13B was inserted by S.I. 1995/547.
Section 9E of the Police Act 1996 was inserted by section 318 of the Act.
S.I. 1995/722.
S.I. 1997/1907.
S.I. 1997/1908.
Section 86(3) in particular of the Act makes provision in relation to estimation and anticipation of levies in relation to NCS and NCIS by the Greater London Authority. Paragraphs 110 and 111 of Schedule 27 to the Act amend the relevant provisions of the Police Act 1997 (c. 50).
The Schedule was substituted by S.I. 1998/3259.
The Schedule was substituted by S.I. 1998/3258.
S.I. 1997/2416.
S.I. 1999/730.
Section 8 of the Metropolitan Police Act 1856 under which an assistant commissioner was authorised to act for the Commissioner is repealed by paragraph 2 of Schedule 27 to the Act. Section 319 of the Act inserts new section 9F into the Police Act 1996 on the appointment and functions of assistant commissioners. Section 317 of the Act inserts a new section 9D into the 1996 Act which creates the rank of Deputy Commissioner and provides (inter alia) that he shall have all the powers and duties of an assistant commissioner.
S.I. 1999/731.
Section 68 of the Police Act 1996 was amended and section 68(2B) inserted by paragraph 98 of Schedule 27 to the Act.
S.I. 1999/732.