Police and Magistrates' Courts Act 1994

JurisdictionUK Non-devolved
Citation1994 c. 29


Police and Magistrates' Courts Act 1994

1994 CHAPTER 29

An Act to make provision about police areas, police forces and police authorities; to make provision for England and Wales about magistrates' courts committees, justices' clerks and administrative and financial arrangements for magistrates' courts; and for connected purposes.

[21st July 1994]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Police

Part I

Police

Chapter I

Principal amendments of Police Act 1964

Police areas

Police areas

S-1 Police areas.

1 Police areas.

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

Police areas

‘Police areas

S-1 Police areas.

1 Police areas.

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

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

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

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

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

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

Forces outside London

S-2 Police forces and police authorities.

2 Police forces and police authorities.

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

Forces outside London

‘Forces outside London

S-2 Maintenance of police forces.

2 Maintenance of police forces.

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

S-3 Establishment of police authorities.

3 Establishment of police authorities.

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

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

S-3 Membership of polices authorities etc.

3 Membership of polices authorities etc.

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

S-3A

3A ‘Membership of police authorities etc.

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

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

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

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

S-3B

3B Reductions in size of police authorities.

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

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

(a) the authority,

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

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

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

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

S-4 Functions of police authorities.

4 Functions of police authorities.

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

S-4 ‘General functions of police authorities.

4 ‘General functions of police authorities.

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

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

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

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

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

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

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

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

S-4A

4A Local policing objectives.

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

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

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

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

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

S-4B

4B Local policing plans.

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

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

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

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

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

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

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

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

S-4C

4C Annual reports by police authorities.

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

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

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

S-5 Chief constables.

5 Chief constables.

5. For section 5 of the 1964 Act there shall be substituted—

S-5 ‘General functions of chief constables.

5 ‘General functions of chief constables.

(1) A police force maintained under section 2 of this Act shall be under the direction and control of the chief constable appointed under section 5A.

(2) In discharging his functions, every chief constable shall have regard to the local policing plan issued by the police authority for his area under section 4B of this Act.

S-5A

5A Appointment and removal of chief constables.

(1) The chief constable of a police force maintained under section 2 of this Act shall be appointed by the police authority responsible for maintaining the force, but subject to the approval of the Secretary of State and to regulations under Part II of...

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