House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

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Part 1A

Initial transfer from police authorities

Transfer of property, rights and liabilities

3B  (1)
At the relevant commencement time, all property, rights and liabilities

which immediately before that time were property, rights and liabilities

of the existing police authority for a police area are to transfer to, and by

virtue of this paragraph vest in, the new policing body for that police

area.

      (2)
This paragraph does not apply to any rights or liabilities under a contract

of employment (which are dealt with in paragraph 3C).

Transfer of staff

3C  (1)
Subject to sub-paragraphs (5) and (6), this paragraph applies to any

person who immediately before the relevant commencement time is a

member of the staff of the existing police authority for a police area (the

“existing employer”).

      (2)
A contract of employment between a person to whom this paragraph

applies and the existing employer is to have effect from the relevant

commencement time as if originally made between that person and the

new policing body for the police area in relation to which the existing

employer was established (the “new employer”).

      (3)
Sub-paragraph (2) does not break the continuity of a person’s

employment and accordingly such a person’s period of employment

with the existing employer counts as a period of employment with the

new employer for the purposes of the Employment Rights Act 1996.

      (4)
Without prejudice to subsection (2)—

(a)
all the existing employer’s rights, powers, duties and liabilities

under or in connection with a contract to which that sub-

paragraph applies are by virtue of this paragraph transferred to

the new employer at the relevant commencement time; and

(b)
anything done before that date by or in relation to the existing

employer in respect of that contract or the employee shall be

deemed from that date to have been done by or in relation to the

new employer.

      (5)
Sub-paragraphs (2) to (4) are without prejudice to any right of a member

of staff to terminate the contract of employment if a substantial change

is made to the person’s detriment in the person’s working conditions;

but no such right arises by reason only of the change in employer

effected by this paragraph.

      (6)
Where a person—

(a)
has, prior to the relevant commencement time, entered into a

contract of employment with an existing police authority which

is to come into effect at or after that time; and

(b)
would, if the contract had come into effect before that date, have

been a person to whom this paragraph applies,


that person is to be treated as a person to whom this paragraph applies.

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      (7)
A person who would (but for this sub-paragraph) be treated as being

dismissed by the operation of this paragraph (whether by an enactment

or otherwise) is to be treated as not being so dismissed.

      (8)
Sub-paragraph (7) does not apply to a person who, by virtue of sub-

paragraph (5), does not become an employee of a new policing body.

      (9)
This paragraph is subject to paragraph 3D.

Police civilians

3D  (1)
The new policing body for a police area—

(a)
is to have, for the purpose mentioned in sub-paragraph (2),

relevant powers to arrange for the new chief officer of the police

force for that area to discharge functions of that body; and

(b)
must exercise those powers for the purpose mentioned in sub-

paragraph (2).

      (2)
That purpose is securing that the police civilian members of staff of that

new policing body are under the direction and control of that chief

officer.

      (3)
Any arrangements made in compliance with section 15(2) of the Police

Act 1996 between the existing police authority for a police area and the

existing chief officer of the police force for that area which are in force

immediately before the relevant time are to have effect at and after that

time as if made under this paragraph between the new policing body for

that area and the new chief officer of that police force.

      (4)
Sub-paragraph (2) applies to a person who—

(a)
immediately before the relevant commencement time, is a police

civilian member of the staff of an existing police authority, and

(b)
at that time becomes a member of the staff of the new policing

body for a police area by virtue of paragraph 3C.

      (5)
For as long as the person continues to be a member of the staff of that

body, the person is to be—

(a)
employed as a police civilian member of that staff, and

(b)
under the direction and control of the new chief officer of the

police for that area.

      (6)
Sub-paragraph (5) does not prevent the new policing body from making

arrangements with the person for the person to cease to be a police

civilian member of staff of that body (whether or not the person remains

a member of the staff of that body).

      (7)
After the relevant commencement time, a new policing body may, for

either of the purposes set out in sub-paragraph (8), make

arrangements—

(a)
with any member of the staff the body who is not a police civilian

member of staff to become a police civilian member of that staff,

or

(b)
with a person who is not a member of that body’s staff to become

a police civilian member of that staff.

      (8)
In relation to the new policing body for a police area those purposes

are—

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(a)
replacing police civilian members of staff of the existing police

authority for that area who did not become members of the staff

of the new policing body in accordance with paragraph 3C;

(b)
replacing police civilian members of staff of the new policing

body who have ceased to be police civilian members of staff of

that body otherwise than by virtue of a transfer scheme under

Part 2 of this Schedule; or

(c)
to supplement the police civilian members of staff of the new

policing body.

      (9)
Sub-paragraphs (1) to (5) are subject to—

(a)
any provision included in a collaboration agreement under

section 22A of the Police Act 1996, and

(b)
section 24(3A) of that Act (aid of one police force by another).

    (10)
In this paragraph—

(a)
“relevant powers” means powers corresponding to those

conferred by sections 101 and 107 of the Local Government Act

1972 on police authorities established under section 3 of the

Police Act 1996;

(b)
references to a police civilian member of staff of an existing police

authority or a new policing body are references to a member of

the staff of that authority or body who is employed solely to

assist the police force maintained by that authority or body;

(c)
the chief officers’ powers of direction and control referred to

include powers of engagement and dismissal.

Seconded staff

3E
In the case of a person who, immediately before the relevant

commencement time, is seconded to the existing police authority for a

police area, the secondment is to have effect, after that time, as a

secondment to the new policing body for that police area.

Interpretation

3F
In this Part “relevant commencement time” means—

(a)
in relation to a police area listed in Schedule 1 to the Police Act

1996, the time when section 1 comes into force in relation to that

area;

(b)
in relation to the metropolitan police district, the time when

section 3 comes into force.

Part 2

Subsequent transfer by new policing body

Power to direct new policing body to make transfer scheme

4    (1)
The Secretary of State may direct a new policing body—”
122
Page 167, line 3, leave out “existing police authority” and insert “new policing

body”
123
Page 167, line 8, leave out “existing police authority” and insert “new policing

body”

22
124
Page 167, line 17, leave out “an existing police authority” and insert “a new policing

body”
125
Page 167, line 18, leave out “authority” and insert “body”
126
Page 167, line 21, leave out “authority” and insert “body”
127
Page 167, line 23, leave out “existing police authority” and insert “new policing

body”
128
Page 167, line 23, at end insert—

“5A(1)
The Secretary of State may direct a new policing body—

(a)
to modify a transfer scheme made by that body, and

(b)
to submit such a scheme to the Secretary of State for approval.

      (2)
Sub-paragraphs (2) to (5) of paragraph 4 apply to a direction under sub-

paragraph (1) of this paragraph as they apply to a direction under sub-

paragraph (1) of paragraph 4.

      (3)
In the application of paragraph 4(2) to (5) by virtue of sub-paragraph

(2)—

(a)
references to paragraph 4(1)(b) have effect as references to sub-

paragraph (1)(b) of this paragraph;

(b)
references to the making of a scheme have effect as references to

the modification of a scheme;

(c)
references to a scheme have effect as references to a scheme as

modified.

      (4)
The Secretary of State may modify a transfer scheme made by a new

policing body if—

(a)
the authority does not comply with a direction given to it under

sub-paragraph (1), or

(b)
the Secretary of State decides not to approve the modified

scheme submitted by the body.

      (5)
A scheme modified by the Secretary of State under sub-paragraph (4) is

to be treated as if modified (and made) by the new policing body.

      (6)
A scheme modified in accordance with this paragraph is to be deemed

for all purposes to have come into force with those modifications.”
129
Page 167, line 25, leave out from “the” to “to” in line 26 and insert “new policing

body”
130
Page 167, line 27, leave out paragraph (a)
131
Page 167, line 30, leave out sub-paragraph (2)
132
Page 167, line 43, leave out “existing police authority” and insert “new policing

body”
133
Page 167, line 45, leave out paragraph (a)
134
Page 168, line 1, leave out “a member of staff of”
135
Page 168, line 4, leave out sub-paragraph (1)
136
Page 168, line 16, leave out sub-paragraph (4)
137
Page 168, line 41, leave out from first “the” to “and” in line 42 and insert “new

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policing body,”
138
Page 168, line 44, leave out sub-paragraph (i)
139
Page 169, line 8, leave out from “the” to end of line 9 and insert “new policing

body”
140
Page 169, line 12, after “rights” insert “or interests”
141
Page 169, line 13, after “scheme” insert “or retained by the transferor under the

scheme or create rights or liabilities as between the transferor and transferee under

the scheme”
142
Page 169, line 16, leave out sub-paragraphs (3) and (4)
143
Page 169, line 24, leave out paragraph 11
144
Page 169, line 33, at end insert—

    “(3)
A transfer scheme may confer functions on any person (including the

Secretary of State).”
145
Page 170, line 5, leave out from “person” to end of line 14 and insert “if by virtue

of a transfer scheme, the person—

(a)
ceases to be a member of the staff of an existing police authority,

and

(b)
becomes a member of the staff of a new policing body.

      (4)
Section 1 of the Local Government and Housing Act 1989 (politically

restricted posts) does not apply to the person for as long as the person—

(a)
continues to be a member of the staff of the new policing body,

and

(b)
carries out duties which are the same, or substantially the same,

as the duties the person carried out as a member of the staff of the

existing police authority.”
146
Page 170, line 18, at end insert—

  “(1A)
The replacement of an existing chief officer, the transfer or abolition of

the functions of an existing chief officer, and the transfer of the rights and

liabilities of an existing chief officer, do not affect anything done before

the replacement, transfer or abolition.

    (1B)
The transfer of the property, rights and liabilities of a new policing body

do not affect anything done before the transfer.”
147
Page 170, line 20, leave out “an existing police authority” and insert “a person”
148
Page 171, line 2, after first “to” insert “Part 1A of this Schedule and”
149
Page 171, line 3, after “of” insert “Part 1A of this Schedule and”
150
Page 171, line 4, leave out “of an existing police authority”
151
Page 171, line 6, at end insert—

“Foreign property etc: perfection of vesting

15A(1)
Subsections (2) to (8) of section 414 of the Greater London Authority Act

1999 (foreign property, rights and liabilities: perfection of vesting) apply

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in any case where a transfer by or under this Act provides for the transfer

of foreign property, rights or liabilities.

      (2)
In the application of those provisions by virtue of sub-paragraph (1)—

(a)
references to a transfer or pension instrument have effect as

references to the transfer by or under this Act; and

(b)
references to the transferor and the transferee are to be construed

accordingly.

Transfers: supplementary provision

15B(1)
All property, rights and liabilities to which a statutory transfer applies

are to be transferred by that transfer, notwithstanding that they may be

or include—

(a)
property, rights and liabilities that would not otherwise be

capable of being transferred, or

(b)
rights and liabilities under enactments.

      (2)
The property, rights and liabilities which may be transferred by a

transfer scheme include—

(a)
property, rights and liabilities that would not otherwise be

capable of being transferred, or

(b)
rights and liabilities under enactments.

      (3)
No right of reverter, right of pre-emption, right of forfeiture, right of re-

entry, right to compensation, option or similar right affecting any land

or other property shall operate or become exercisable as a result of any

transfer of land or other property by virtue of a statutory transfer or a

transfer scheme (whether or not any consent required to the transfer has

been obtained).

      (4)
No right to terminate or vary a contract or instrument shall operate or

become exercisable, and no provision of a contract or relevant document,

shall operate or become exercisable or be contravened, by reason of any

transfer by virtue of a statutory transfer or a transfer scheme.

      (5)
Sub-paragraphs (2) to (4) above have effect in relation to—

(a)
the grant or creation of an estate or interest in, or right over, any

land or other property, or

(b)
the doing of any other thing in relation to land or other property,


as they have effect in relation to a transfer of land or other property.

      (6)
A transfer scheme may make provision for the apportionment or

division of any property, rights or liabilities.

      (7)
Where a transfer scheme makes provision for the apportionment or

division between two or more persons of any rights or liabilities under a

contract, the contract shall have effect, as from the coming into force of

the provision, as if it constituted two or more separate contracts

separately enforceable by and against each of those persons respectively

as respects the part of the rights or liabilities which falls to that person as

a result of the apportionment or division.

      (8)
The provision that may be made by a transfer scheme includes provision

for—

(a)
any transfer of land or other property by virtue of the instrument,

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(b)
the grant or creation of any estate or interest in, or right over, any

land or other property by virtue of the instrument, or

(c)
the doing of any other thing in relation to land or other property

by virtue of the instrument,


to be on such terms, including financial terms, as the person making the

scheme thinks fit.

      (9)
The Secretary of State may by order confer on any body or person to

whom property, rights or liabilities are transferred by a statutory

transfer or transfer scheme any statutory functions which were

previously exercisable in relation to that property, or those rights or

liabilities, by the transferor.

    (10)
It shall be the duty—

(a)
of existing police authorities, new policing bodies, existing chief

officers, new chief officers and local authorities, and

(b)
of the trustees or managers, or administrators, of any pension

scheme,


to provide the Secretary of State with such information or assistance as

the Secretary of State may reasonably require for the purposes of, or in

connection with, the exercise of any powers exercisable by the Secretary

of State in relation to a statutory transfer or a transfer scheme.

    (11)
Where any person is entitled, in consequence of any transfer made by

virtue of a statutory transfer or transfer scheme, to possession of a

document relating in part to the title to, or to the management of, any

land or other property in England and Wales—

(a)
the instrument may contain provision for treating that person as

having given another person an acknowledgment in writing of

the right of that other person to the production of the document

and to delivery of copies thereof; and

(b)
section 64 of the Law of Property Act 1925 (production and safe

custody of documents) shall have effect accordingly, and on the

basis that the acknowledgment did not contain any such

expression of contrary intention as is mentioned in that section.

    (12)
In this paragraph—

“relevant document” means—

(a)
any enactment, other than an enactment contained in this

Act;

(b)
any subordinate legislation made otherwise than under this

Act; or

(c)
any deed or other instrument;

“statutory transfer” means a transfer under Part 1 or 1A of this

Schedule;

“transfer scheme” means a transfer scheme under Part 2.”
152
Page 171, line 10, leave out “the abolition of the existing police authorities” and

insert “Part 1 of this Act (including provision that supplements or varies the

provision made by this Schedule).

      (2)
An order under this paragraph may, in particular—

(a)
amend, or otherwise modify, any enactment;

(b)
make any provision that may be made by a transfer scheme

under Part 2 of this Schedule (whether the provision in the order

relates to that Part or Part 1A of this Schedule);



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