Metropolitan_Police_(Receiver)_Act_1861

Metropolitan Police (Receiver) Act 1861

Metropolitan Police (Receiver) Act 1861

United Kingdom legislation

The Metropolitan Police (Receiver) Act 1861[1] or the Metropolitan Police Receiver's Act 1861[4] (24 & 25 Vict. c. 124), sometimes called the Metropolitan Police District Receiver Act,[5] was an Act of the Parliament of the United Kingdom. This act has, in addition to its other short titles, been given the short title the Metropolitan Police Act 1861,[6] but that short title has also been given to the act 24 & 25 Vict. c. 51.[7][8] The Metropolitan Police (Receiver) Act 1861 is one of the Metropolitan Police Acts 1829 to 1895.[9]

Quick Facts Long title, Citation ...
Quick Facts Long title, Citation ...
Quick Facts Long title, Citation ...
Quick Facts Long title, Citation ...

It dealt with the position of Receiver of the Metropolitan Police, repealing parts of Section 25 of the Metropolitan Police Act 1829 (Section 7) and making the office a corporation sole (Section 1). All property vested in previous holders of the role were vested in the current Receiver (Section 2). The Act continued payments into the official Receiver's account at the Bank of England by the Overseers and others (Section 8), though it also removed the Receiver's name from that account (Section 4) and for the Overseers to continue paying into . The Act also removed his personal liability for any debts he incurred in his official capacity (Section 3) and empowered him to dispose of, buy and lease property in the pursuance of his office (Section 5) and to set up allowances for widows and children of men killed in the line of duty (Section 6).

Later acts

Due to the increasing complexity of his role, a second act of similar title in 1867 increased the Receiver's maximum annual salary to £1200, moved the end date for his annual accounts from 31 December to 31 March and stipulated that they be presented to Parliament within thirty days of that date if Parliament was sitting or within thirty days of the start of the next sitting if it was not. A third in 1895 authorised the Home Secretary to appoint a temporary replacement if the Receiver was "temporarily absent from his duties".

Repeals

The preamble, and to "as follows", was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1892.[10]

Section 1

As to this section, see Metropolitan Police District Receiver v Tatum.[11]

Sections 2 and 3

These sections were repealed by section 1(1) of, and Group 3 of Part I of the Schedule to, the Statute Law (Repeals) Act 1986.[12]

Section 4

This section was repealed by section 1(1) of, and Group 3 of Part I of the Schedule to, the Statute Law (Repeals) Act 1986.

The words "after the passing of this Act" and "the Governor and Company of" were repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1892.

Section 5

So much of this section as relates to any police court was repealed by section 5 of, and the Schedule to, the Metropolitan Police Court (Buildings) Act 1871, "without prejudice to anything done or suffered, or any right acquired or accrued before the passing of this Act".[13] The words from "and may purchase" onwards were repealed by section 1(1) of, and Group 3 of Part I of the Schedule to, the Statute Law (Repeals) Act 1986.

Section 6

This section was repealed by section 36 of, and the Fourth Schedule to the Police Act 1890, subject to the proviso in section 36.[14]

Section 7

This section was repealed by section 147(1) of, and Part IV of the Second Schedule to, the Local Government Act 1948, subject to the provisions of section 147.

This section to "enacted that", and the word "that" before "the certificate", were repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1892.

Section 8

This section was repealed by section 1(1) of, and Group 3 of Part I of the Schedule to, the Statute Law (Repeals) Act 1986.

Section 10

This section was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1892.

References

  • "Metropolitan Police (Receiver) Act 1861". Halsbury's Statutes of England and Wales. Fourth Edition. 2007 Reissue. Butterworths. Volume 33(2). Page 40.
  • "Metropolitan Police (Receiver) Act 1861". Halsbury's Statutes of England. Third Edition. Butterworths. London. 1970. Volume 25. Page 267.
  • "Metropolitan Police (Receiver) Act 1861". Halsbury's Statutes of England. Second Edition. Butterworth & Co (Publishers) Ltd. 1950. Volume 18. Page 83.
  • "The Metropolitan Police (Receiver) Act, 1861". Halsbury's Statutes of England. (The Complete Statutes of England). First Edition. Butterworth & Co (Publishers) Ltd. 1930. Volume 12 . Page 825. See also page 747.
  • "The Metropolitan Police (Receiver) Act, 1861". Chitty's Statutes of Practical Utility. Sixth Edition. Sweet and Maxwell. London. 1912. Volume 10. Page 167.
  • John Mounteney Lely. "Metropolitan Police Receiver's Act 1861". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1895. Volume 9. Title "Police". Subtitle "Police (Metropolis)". Pages 165 to 167.
  • "The Metropolitan Police (Receiver) Act, 1861". The Metropolitan Police Guide. Seventh Edition. HMSO. 1922. Page 95.
  1. [1]
    The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.  Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. [2]
    "A COLLECTION OF THE PUBLIC GENERAL STATUTES PASSED IN THE Thirtieth and Thirty first Years OF THE REIGN OF HER MAJESTY QUEEN VICTORIA Being the SECOND SESSION of the NINETEENTH PARLIAMENT of the United Kingdom of GREAT BRITAIN AND IRELAND,page 205". 26 December 1867.
  3. [3]
    "The Public General Statutes PASSED IN THE FIFTY EIGHTH AND FIFTY NINTH YEARS AND IN THE FIFTY NINTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA 1895,page 15". 26 December 1895.
  4. [4]
    This short title was conferred on this Act by section 10 of this Act.
  5. [5]
    Paterson, William (ed). The Practical Statutes of the Session 1861. p vii.
  6. [6]
    This short title was conferred on this Act by section 1 of, and the Schedule to, the Metropolitan Police Act 1884 (47 & 48 Vict. c. 17)
  7. [7]
    The citation of the Act 24 & 25 Vict. c. 51 by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.  Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978. This short title had previously been given to the act 24 & 25 Vict. c. 51 by section 1 of, and the First Schedule to, the Metropolitan Police Act 1886 (49 & 50 Vict. c. 22).
  8. [8]
    For further commentary on the citation of these two acts, see James Roberts, "Statute Law Revision" (1892) 94 The Law Times 18.
  9. [9]
    The Short Titles Act 1896, section 2(1) and Schedule 2
  10. [10]
    The Statute Law Revision Act 1892 (55 & 56 Vict. c. 19), section 1 and Schedule
  11. [11]
    Metropolitan Police District Receiver v Tatum [1948] 2 KB 68 ; [1948 ] 1 All ER 612; (1948) 205 The Law Times 206; [1948] 117 LJR 1171; (1948) 83 WN 152; (1948) 92 Sol Jo 221; 112 JP 209; (1948) 46 Knight's Local Government and Magisterial Reports 219. See also (1947) 1 Current Law Consolidation; Mews' Digest of English Case Law, 24th Annual Supplement, p 321; (1956) 120 Justice of the Peace and Local Government Review Reports 427.
  12. [12]
    The Statute Law (Repeals) Act 1986, section 1(1) and Schedule 1, Part I, Group 3.
  13. [13]
    The Metropolitan Police Court (Buildings) Act 1871 (34 & 35 Vict c 35), section 5 and Schedule
  14. [14]
    The Police Act 1890 (53 & 54 Vict c 45), section 36 and Fourth Schedule.
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