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The Thames Valley (Police Authority) Order 1997

S.I. 1997/1848 · Made 28 July 1997

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LOCAL GOVERNMENT, ENGLAND AND WALES

POLICE

Made 28th July 1997

Laid before Parliament 5th August 1997

Coming into force 1st October 1997

The Secretary of State in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1992 c. 19.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

(1)

This Order may be cited as the Thames Valley (Police Authority) Order 1997.

(2)

In this Order “1996 Act” means the Police Act 1996f1.

(3)

This Order shall come into force on 1st October 1997.

2

(1)

The functions to which this Order applies—

(a)

all functions of the Thames Valley police authority on or after 1st April 1998; and

(b)

before that date (but on or after 1st October 1997), the functions of that police authority in respect of the financial year beginning on 1st April 1998 under—

(i)

Chapter IV of Part I of the Local Government Finance Act 1992 (precepts)f1, and

(ii)

sections 7 (local policing objectives) and 8 (local policing plans) of the 1996 Act.

(2)

For the purposes of the functions to which this Order applies—

(a)

paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if Berkshire County Council had been wound up and dissolved on that date; and

(b)

accordingly, the appointments which are required to be made to the Thames Valley police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Councils of Buckinghamshire and Oxfordshire and the Councils of the Borough of Milton Keynes and of each district in the County of Berkshire (as relevant councils) in accordance with that provision.

(3)

For the purposes of the functions referred to in paragraph (1)(b) above—

(a)

section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and

(b)

the members of the Thames Valley police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.

(4)

A member of the Thames Valley police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.

(5)

In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Thames Valley police authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.

Signature

Alun Michael

Minister of State

Home Office

28th July 1997

Explanatory note

(This note is not part of the Order)

This Order makes transitional provision relating to the proceedings of the Thames Valley police authority in consequence of the abolition of Berkshire County Council on 1st April 1998 under the Berkshire (Structural Change) Order 1996 (S.I. 1996/1879).