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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_1992576_en.html

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Statutory Instruments

1992 No. 576 (S.65)

POLICE

The South Eastern Police (Amalgamation) Amendment (No.2) Scheme Order 1992

Made

10th March 1992

Laid before Parliament

11th March 1992

Coming into force

1st April 1992

WHEREAS in pursuance of section 21A(2) of the Police (Scotland) Act 1967(1), the SouthEastern Police (Amalgamation) Scheme 1975 , as set out in the Schedule to the South-Eastern Police (Amalgamation) Order 1975(2), amalgamated, for police purposes, the police areas of Lothian Region and Borders Region into a combined area known as the Lothian and Borders Police Area;

AND WHEREAS the councils of the Lothian Region and the Borders Region, being the police authorities for the police areas comprised within the Lothian and Borders Police Area, have submitted to the Secretary of State a Scheme for the amendment of the Scheme of 1975 under sections 19 and 21(1) of the said Act of 1967(3);

NOW THEREFORE the Secretary of State, in exercise of the powers conferred on him by sections 19 and 21(1) of the said Act of 1967 and of all other powers enabling him in that behalf, hereby makes the following Order:

1. This Order may be cited as the South Eastern Police (Amalgamation) Amendment (No.2) Scheme Order 1992 and shall come into force on 1st April 1992.

2. The South Eastern Police (Amalgamation) Amendment (No.2) Scheme 1992, which is set out in the Schedule to this Order, is hereby approved.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew's House,

Edinburgh

10th March 1992

Article 2

SCHEDULETHE SOUTH EASTERN POLICE (AMALGAMATION) AMENDMENT (NO.2) SCHEME 1992

Whereas we, Lothian Regional Council and Borders Regional Council, are the police authorities for the police areas comprised in the Lothian and Borders Police Area constituted in terms of the SouthEastern Police (Amalgamation) Scheme 1975 (hereinafter referred to as "the principal Scheme"): AND WHEREAS we, the said Lothian Regional Council and Borders Regional Council, wish to amend the principal Scheme in the manner hereinafter provided: Now THEREFORE in exercise of the powers conferred on us by sections 19 and 21(1) of the Police (Scotland) Act 1967 and by section 21A(4) of the said Act as inserted by section 146(7) of the Local Government (Scotland) Act 1973 we hereby make the following Scheme:

1. This Scheme may be cited as the South Eastern Police (Amalgamation) Amendment (No.2) Scheme 1992 and shall come into operation on 1st April 1992 (hereinafter referred to as "the appointed day").

2. As from the appointed day Article 30 of the principal Scheme (as amended by Article 12 of the South Eastern Police (Amalgamation) Amendment Scheme 1988) shall be revoked and the following substituted therefor:

"30. The expenditure of the board in each financial year upon and incidental to the administration and maintenance of the combined force and any other expenditure which the board requires to defray as part of its expenditure under and for the purposes of the Act after deducting therefrom (a) all government grants towards the cost of the combined force (b) all income from the investments and other assets of the combined former police pension funds of the constituent authorities and such portions of the capital of the said investments and assets as the board may from time to time determine and (c) all other receipts which require to be applied towards meeting such expenditure of the board under and for the purposes of the Act, shall be apportioned between the constituent authorities and the proportion to be borne by each constituent authority shall be according to the extent of the provision of service by the board within the area of each constituent authority.".

Executed on behalf of Lothian

Regional Council at Edinburgh

on 19th February 1992.

Executed on behalf of Borders Regional

Council at Newton St Boswells on

5th February 1992.

Explanatory Note

(This note is not part of the Order)

This Order confirms the approval of the Secretary of State to the South Eastern Police (Amalgamation) Amendment (No.2) Scheme 1992.

The scheme approved by the Order amends the provisions of the South-Eastern Police (Amalgamation) Scheme 1975, as amended, by providing for the apportionment of costs of the police service between the 2 Regional Councils as from 1 April 1992 according to the actual costs of the service within the area of each constituent authority rather than in proportion to their total adult populations as at present.

(1)

1967 c. 77; section 21A was inserted by the Local Government (Scotland) Act 1973 (c. 65), section 146(7).

(2)

S.I. 1975/633; amended by S.I. 1989/66.

(3)

Sections 19 and 21 of the 1967 Act were applied by section 21A(4) of that Act.


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URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_1992576_en.html