§ 20 After Clause 41, insert the following clause:
§ Applications of certain provisions to police authorities established under section 3 of the Police Act 1964
§ '.—(1) Any relevant legislative provision which, immediately before the passing of this Act, applied to police authorities constituted in accordance with section 2 of the Police Act 1964 shall, except where the context otherwise requires, apply in the same way to police authorities established under section 3 of the Police Act 1964 (as substituted by section 2 of this Act).
§ (2) Subsection (1) above is subject to any provision to the contrary made by or under this Act.
§ (3) For the purposes of subsection (1) above, a provision is a "relevant legislative provision" if it is a provision (other than a provision which applies only to specified police authorities) of an instrument which—
- (a) was made before the passing of this Act under a public general Act, and
- (b) is of a legislative character.'.
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 20. I shall speak to Amendments Nos. 51 to 59 at the same time. These are largely technical amendments. The proposed new clause after Clause 41 concerns secondary legislation which currently applies to police authorities. The purpose of Amendment No. 51 is to allow certain additional provisions of the Bill to come into force immediately on Royal Assent.
Amendments Nos. 52 to 55 are necessary for transitional purposes. Amendment No. 56 substitutes a new form of words for Clause 86(6) (b) of the Bill. The amendment will permit sharing to be achieved.
Amendment No. 57 makes a small addition to allow a commencement order to include provision about the fees charged, or expenses incurred, by a person who is appointed to arbitrate in a dispute about the transfer of assets. Amendments Nos. 58 and 59 make identical provision to Amendments Nos. 56 and 57, only in relation to the magistrates' courts parts of the Bill.
§ Moved, That the House do agree with the Commons in their Amendment No. 20.—(Earl Ferrers.)
§ Lord RentonMy Lords, I do not want to make a fuss about it. I believe that this clause is quite unnecessary. What it proposes would be done anyway by the courts in interpreting the statutes.
§ On Question, Motion agreed to.