Explanatory note

Article 3(1) of the Order brings into force on 29th April 1985 the provisions of the Police and Criminal Evidence Act 1984 set out in the Schedule to the Order, including Part IX, under which the Police Complaints Authority is established in place of the Police Complaints Board established under the Police Act 1976 and fresh provision is made for dealing with complaints against the police and police discipline.

As provided by section 120 of the 1984 Act, these provisions extend to England and Wales only except for section 83(2) (which so far as it relates to paragraph 7(1) of Schedule 4 extends throughout the United Kingdom and so far as it relates to paragraph 8 of that Schedule extends throughout Great Britain); section 109(a) and (b) (which extend throughout Great Britain); and section 119 (which so far as it relates to any of the provisions of Schedules 6 and 7 specified in Appendix A and Appendix B to the Schedule to this Order extends to any place to which that provision extends).

Article 3(3) rectifies an omission from Appendix B to Schedule 2 to the Police and Criminal Evidence Act 1984 (Commencement No. 1) Order (repeals taking effect from 1st March 1985). The substantive repeal was effected by section 110 of the Act which was brought into effect on that date by that Order.

The remaining Articles make transitional provision. Article 4 enables complaints about the conduct of members of police forces received before 29th April 1985 under section 49 of the Police Act 1964 to continue to be dealt with under Part IX of the 1984 Act. Article 5 provides that sections 87 to 89 of the 1984 Act (which empower the Police Complaints Authority to supervise the investigation of complaints against the police and other matters) are only to apply if notice of the conduct in question was received by the chief officer or police authority on or after 29th April 1985 and the conduct to be investigated occurred, or is alleged to have occurred, on or after 29th April 1984. Article 6 provides for the temporary continuance of arrangements between the Police Complaints Board and authorities maintaining constabularies outside the Police Act 1964 after the replacement of the Board by the Authority.

The following provisions of the 1984 Act have been brought into force by commencement order made before the date of this Order:—