Policing and Crime Bill (HC Bill 158)

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(a) imprisonment for a term not exceeding 51 weeks (or 6 months
if the offence was committed before the commencement of
section 281(5) of the Criminal Justice Act 2003), or

(b) a fine.

(6) 5The criminal court before which a person is required to provide his or
her name, date of birth and nationality may deal with any suspected
offence under subsection (3) at the same time as dealing with the
offence for which the person was already before the court.

(7) In this section a “criminal court” is, when dealing with any criminal
10cause or matter—

(a) the Crown Court;

(b) a magistrates’ court.”

Child sexual exploitation

133 Child sexual exploitation: streaming indecent images

15In section 51(2) of the Sexual Offences Act 2003 (sexual exploitation of children:
interpretation), in paragraph (b), at the end insert “or streamed or otherwise
transmitted”.

CHAPTER 2 General

134 Consequential amendments, repeals and revocations

(1) 20The Secretary of State may by regulations made by statutory instrument make
such provision as the Secretary of State considers appropriate in consequence
of this Act other than Part 8.

(2) The Treasury may by regulations made by statutory instrument make such
provision as the Treasury considers appropriate in consequence of Part 8.

(3) 25Regulations under subsection (1) or (2)—

(a) may include transitional, transitory or saving provision;

(b) may repeal, revoke or otherwise amend any provision of primary or
subordinate legislation (including legislation passed or made in the
same Session as this Act).

(4) 30A statutory instrument containing (whether alone or with other provision)
regulations under this section that repeal, revoke or otherwise amend any
provision of primary legislation is not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.

(5) 35A statutory instrument containing regulations under this section that do not
repeal, revoke or otherwise amend any provision of primary legislation is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) In this section—

  • 40“primary legislation” means—

    Policing and Crime BillPage 141

    (a)

    an Act;

    (b)

    an Act of the Scottish Parliament;

    (c)

    a Measure or Act of the National Assembly for Wales;

    (d)

    Northern Ireland legislation;

  • 5“subordinate legislation” means—

    (a)

    subordinate legislation within the meaning of the Interpretation
    Act 1978;

    (b)

    an instrument made under an Act of the Scottish Parliament;

    (c)

    an instrument made under a Measure or Act of the National
    10Assembly for Wales;

    (d)

    an instrument made under Northern Ireland legislation.

135 Financial provision

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary
15of State;

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

136 Extent

(1) Except as provided by subsections (2) to (5), this Act extends only to England
20and Wales.

(2) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) section 6, so far as relating to paragraphs 71 and 83 of Schedule 1, and
those paragraphs;

(b) 25section 8(11);

(c) section 9, so far as relating to paragraphs 108 and 121 of Schedule 2, and
those paragraphs;

(d) section 14, so far as relating to paragraphs 22 and 47(h)(i) of Schedule 4,
and those paragraphs;

(e) 30section 19(2) and (3);

(f) section 27(8), so far as relating to paragraphs 1 to 5 of Schedule 6, and
those paragraphs;

(g) section 29(5), (6)(b) and (7);

(h) section 31(9), so far as relating to paragraphs 58, 59, 60, 62, 63, 65, 67 and
3568 of Schedule 8, and those paragraphs;

(i) section 34(6);

(j) section 40, so far as relating to paragraphs 6, 13 and 14 of Schedule 11,
and those paragraphs;

(k) section 41(10), so far as relating to paragraph 2 of Schedule 12, and that
40paragraph;

(l) section 42, so far as relating to the inserted sections 50A(3) to (7) and
50B of the Police Act 1996;

(m) section 45;

(n) section 69(3);

(o) 45sections 76(2) to (5), 78 to 84 and 87;

(p) sections 88(2) to (7), 90 to 96 and 98;

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(q) sections 114 to 120 and 122 to 127;

(r) section 128(5) and Schedule 14;

(s) section 129;

(t) sections 130 and 131;

(u) 5this Chapter.

(3) The following provisions extend to England and Wales and Scotland (but not
to Northern Ireland)—

(a) section 6, so far as relating to paragraphs 10, 13, 18 to 20, 25, 27, 44, 47,
51 to 58, 62 to 65, 70 and 75 of Schedule 1, and those paragraphs;

(b) 10section 7(8);

(c) section 8(5) and (8);

(d) section 9, so far as relating to paragraphs 30, 31, 33, 34, 48, 50, 74, 77, 80,
84 to 91, 99, 106 and 116 of Schedule 2, and those paragraphs;

(e) section 27(8), so far as relating to paragraphs 6 to 14 of Schedule 6, and
15those paragraphs;

(f) section 31(9), so far as relating to paragraphs 61 and 71 of Schedule 8,
and those paragraphs;

(g) section 40, so far as relating to paragraphs 8, 12 and 17 of Schedule 11,
and those paragraphs;

(h) 20section 41(10), so far as relating to paragraphs 4 and 6 of Schedule 12,
and those paragraphs;

(i) section 44;

(j) section 46, so far as relating to paragraphs (a), (b) and (d) of paragraph
7 of Schedule 13, and those paragraphs;

(k) 25Part 6.

(4) The following provisions extend to England and Wales and Northern Ireland
(but not to Scotland)—

(a) section 46, so far as relating to paragraphs 2(2), 3(2) and (3)(d) and 5(b)
and (c) of Schedule 13, and those paragraphs;

(b) 30sections 63 and 64.

(5) The following provisions extend to Scotland only—

(a) section 41(2) to (9);

(b) sections 88(1) and (8), 89 and 97.

137 Commencement

(1) 35Except as provided by subsections (2) to (4), this Act comes into force on such
day as the Secretary of State may by regulations made by statutory instrument
appoint.

(2) Part 8 comes into force on such day as the Treasury may by regulations made
by statutory instrument appoint.

(3) 40The following provisions come into force on the day on which this Act is
passed—

(a) section 101;

(b) this Chapter;

(c) any other provision of this Act so far as is necessary for enabling the
45exercise on or after the day on which this Act is passed of any power to

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make provision by subordinate legislation (within the meaning of the
Interpretation Act 1978) or to issue codes of practice or guidance.

(4) The following provisions come into force at the end of the period of 2 months
beginning with the day on which this Act is passed—

(a) 5section 69;

(b) section 128 and Schedule 14;

(c) section 129;

(d) section 133.

(5) Regulations under subsection (1) or (2) may appoint different days for different
10purposes.

(6) Before making regulations appointing a day for the coming into force of any
provision of sections 88 to 98 the Secretary of State must consult the Scottish
Ministers.

(7) The Secretary of State may by regulations made by statutory instrument make
15such transitional, transitory or saving provision as the Secretary of State
considers appropriate in connection with the coming into force of any
provision of this Act other than Part 8.

(8) The Treasury may by regulations made by statutory instrument make such
transitional, transitory or saving provision as the Treasury considers
20appropriate in connection with the coming into force of any provision of Part 8.

(9) The power to make regulations under subsection (7) or (8) includes power to
make different provision for different purposes.

138 Short title

This Act may be cited as the Policing and Crime Act 2016.

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SCHEDULES

Section 6

SCHEDULE 1 Provision for police and crime commissioner to be fire and rescue authority

Part 1 5Amendments to the Fire and Rescue Services Act 2004

1 The Fire and Rescue Services Act 2004 is amended as follows.

2 Before section 1 insert—

Fire and rescue authorities”.

3 In section 1(4) (fire and rescue authorities) for the words from “sections” to
the end substitute—

(a) 10sections 2 and 4 (schemes constituting combined fire and
rescue authorities for particular areas), and

(b) sections 4A and 4B (orders providing for police and crime
commissioners to be fire and rescue authorities).”

4 Before section 2 insert—

Combined fire and rescue authorities”.

5 15After section 4 insert—

Fire and rescue authority involving police and crime commissioner

4A Power to provide for police and crime commissioner to be fire and
rescue authority

(1) The Secretary of State may by order provide—

(a) for the creation of a corporation sole as the fire and rescue
20authority for the area specified in the order, and

(b) for the person who is for the time being the police and crime
commissioner for the relevant police area to be for the time
being that fire and rescue authority.

(2) In subsection (1) “the relevant police area” means the police area
25which—

(a) is the same as the area of the fire and rescue authority created
by the order, or

(b) if the order creates two or more fire and rescue authorities, is
the same as the areas of those authorities taken together.

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(3) The whole of an area of a fire and rescue authority created by an
order under this section must be—

(a) within England, and

(b) outside the metropolitan police district and the City of
5London police area.

(4) An order under this section may be made only if the relevant police
and crime commissioner has submitted a proposal for the order to
the Secretary of State.

(5) An order under this section may be made only if it appears to the
10Secretary of State that—

(a) it is in the interests of economy, efficiency and effectiveness
for the order to be made, or

(b) it is in the interests of public safety for the order to be made.

(6) In this section “relevant police and crime commissioner” has the
15same meaning as in Schedule A1; and that Schedule makes further
provision about the procedure for an order under this section.

4B Changes to existing fire and rescue authorities

(1) An order under section 4A may make alterations to the areas of fire
and rescue authorities in England outside Greater London.

(2) 20The alterations that may be made by virtue of subsection (1) include
alterations that result in a reduction or an increase in the number of
such areas.

(3) An order under section 4A(1) may make provision for the abolition
of—

(a) 25a metropolitan county fire and rescue authority,

(b) a combined fire and rescue authority constituted by a scheme
under section 2,

(c) a combined fire and rescue authority constituted by a scheme
to which section 4 applies, or

(d) 30a fire and rescue authority created by an order under section
4A(1).

4C Transfer of property, rights and liabilities

(1) This section applies if the Secretary of State makes an order under
section 4A.

(2) 35The Secretary of State may make one or more schemes for the
transfer of property, rights and liabilities from an existing fire and
rescue authority (“the transferor”) to the fire and rescue authority
created by the order (“the transferee”).

(3) The things that may be transferred under a transfer scheme
40include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the
making of the scheme;

(c) 45criminal liabilities.

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(4) A transfer scheme may make supplementary, incidental, transitional
and consequential provision and may in particular—

(a) create rights, or impose liabilities, in relation to property or
rights transferred;

(b) 5make provision about the continuing effect of things done by
the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including
legal proceedings) in the process of being done by, on behalf
of or in relation to the transferor in respect of anything
10transferred;

(d) make provision for references to the transferor in an
instrument or other document in respect of anything
transferred to be treated as references to the transferee;

(e) make provision for the shared ownership or use of property.

(5) 15A transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes
into effect, and

(b) for any such modifications to have effect from the date when
the original scheme comes into effect.

(6) 20In this section—

(a) references to the transfer of property include the grant of a
lease;

(b) references to rights and liabilities include rights and liabilities
under a contract of employment.

4D 25Further provision about authority created by section 4A order

(1) A person who is a fire and rescue authority created by an order
under section 4A is to be paid allowances, in respect of expenses
incurred by the person in the exercise of the authority’s functions,
which are of the kinds and amounts determined by the Secretary of
30State as payable in accordance with this subsection.

(2) A determination under subsection (1) may make different provision
for different cases.

(3) Payments under subsection (1) are to be made by the fire and rescue
authority.

(4) 35A fire and rescue authority created by an order under section 4A
must appoint a person to be responsible for the proper
administration of the authority’s financial affairs (a “chief finance
officer”).

(5) A fire and rescue authority created by an order under section 4A
40must appoint a person to act as chief finance officer of the authority
if and so long as—

(a) that post is vacant, or

(b) the holder of that post is, in the authority’s opinion, unable to
carry out the duties of that post.

(6) 45Section 113 of the Local Government Finance Act 1988 (qualifications
of responsible officer) applies to a person appointed under

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subsection (4) or (5) as it applies to the persons having responsibility
for the administration of financial affairs mentioned in that section.

(7) A fire and rescue authority created by an order under section 4A
may—

(a) 5appoint such other staff as the authority thinks appropriate to
enable the authority to exercise the functions of the authority;

(b) pay remuneration, allowances and gratuities to members of
the authority’s staff.

(8) In subsection (7) “allowances”, in relation to a member of the
10authority’s staff, means allowances in respect of expenses incurred
by the member of staff in the course of employment as such a
member of staff.

(9) A fire and rescue authority may pay—

(a) pensions to, or in respect of, persons who are or have been
15members of the authority’s staff, and

(b) amounts for or towards the provision of pensions to, or in
respect of, persons who are or have been members of the
authority’s staff.

(10) An order under section 4A may make provision—

(a) 20about the delegation by the fire and rescue authority created
by the order of the authority’s functions to the person who is
for the time being the relevant deputy police and crime
commissioner;

(b) about the further delegation of such functions by that person
25to a member of staff of the authority;

(c) about the delegation by the authority of such functions to a
member of staff of the authority.

(11) In subsection (10) “the relevant deputy police and crime
commissioner” means the deputy police and crime commissioner for
30the police area—

(a) which corresponds to the area of the fire and rescue
authority, or

(b) within which the area of the fire and rescue authority falls.

(12) Provision made under subsection (10) may—

(a) 35enable the delegation of any of the functions of the fire and
rescue authority;

(b) enable the delegation of any of the functions of the authority
other than those specified or described in the order;

(c) enable the delegation of the functions of the authority
40specified or described in the order.

(13) An order under section 4A may make provision about—

(a) the personal liability of a person who is the fire and rescue
authority created by the order for acts or omissions done by
the person in the exercise of the authority’s functions;

(b) 45the personal liability of a person who is a member of staff of
the fire and rescue authority created by the order for acts or
omissions done by the person in the carrying out of duties as
a member of staff.

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(14) A fire and rescue authority created by an order under section 4A may
acquire land compulsorily.

(15) The Acquisition of Land Act 1981 applies in relation to the
compulsory purchase of land pursuant to subsection (14).

4E 5Requirement for authority created by section 4A order to have fire
fund

(1) Each fire and rescue authority created by an order under section 4A
must keep a fund to be known as the fire fund.

(2) All of the receipts of a fire and rescue authority created by an order
10under section 4A must be paid into the relevant fire fund.

(3) All of the expenditure of a fire and rescue authority created by an
order under section 4A must be paid out of the relevant fire fund.

(4) A fire and rescue authority created by an order under section 4A
must keep accounts of payments made into or out of the relevant fire
15fund.

(5) Subsections (2) and (3) are subject to the provisions of—

(a) the scheme established under section 26 of the Fire Services
Act 1947 (Firemen’s Pension Scheme) (as continued in force
by order under section 36),

(b) 20a scheme under section 34 (pensions etc), or

(c) scheme regulations within the meaning of the Public Service
Pensions Act 2013.

(6) In this section “relevant fire fund”, in relation to a fire and rescue
authority created by an order under section 4A, means the fire fund
25which that authority keeps.

4F Exercise of functions pursuant to section 4A order

(1) A fire and rescue authority created by an order under section 4A
must exercise its functions efficiently and effectively.

(2) A person who is the fire and rescue authority by virtue of an order
30under section 4A may not act in that office unless the person has
made and delivered a declaration of acceptance of office under
section 70 of the Police Reform and Social Responsibility Act 2011 in
accordance with that section.

(3) Subsections (4) and (5) apply if—

(a) 35an order under section 4A has effect for the area of a fire and
rescue authority, and

(b) an acting commissioner is appointed under section 62 of the
Police Reform and Social Responsibility Act 2011 for the
police area—

(i) 40which corresponds to the area of the fire and rescue
authority, or

(ii) within which the area of the fire and rescue authority
falls.

(4) The acting commissioner is to act as the fire and rescue authority for
45the period of the acting commissioner’s appointment.

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(5) Accordingly—

(a) all of the functions of the fire and rescue authority are
exercisable by the acting commissioner during that period,
and

(b) 5any property or rights vested in the fire and rescue authority
may be dealt with by the acting commissioner in that period
as if vested in the acting commissioner.

(6) Subsection (7) applies if a person elected as police and crime
commissioner for a police area—

(a) 10is disqualified from being, or being elected as, a police and
crime commissioner, or

(b) is disqualified from being, or being elected as, the police and
crime commissioner for that area.

(7) Any acts of the person when acting in the office of fire and rescue
15authority are, despite that disqualification, as valid and effectual as
if the person had not been disqualified.

4G Section 4A order: transitional provision

(1) The transitional provision which may be made by an order under
section 4A by virtue of section 60(2)(b) includes, in particular,
20provision of the kind described in the following provisions of this
section.

(2) An order under section 4A may make provision for a specified
person to be the shadow fire and rescue authority for the area to
which the order relates for a specified period.

(3) 25A shadow fire and rescue authority is a person who has the specified
functions of a fire and rescue authority in relation to that area, but is
not otherwise the fire and rescue authority for that area.

(4) An order under section 4A which includes provision by virtue of
subsection (2) may make provision about the operation of any
30enactment in relation to—

(a) the shadow fire and rescue authority, or

(b) any other person to whom the enactment would otherwise
apply.

(5) This includes provision for the enactment to apply with
35modifications in relation to a person within subsection (4)(a) or (b).

(6) An order under section 4A may make provision about the operation
of the Local Government Finance Act 1992 in relation to the fire and
rescue authority created by the order during a specified period
beginning with the time when the authority becomes the fire and
40rescue authority for the area to which the order relates.

(7) This includes provision for that Act to apply for that period with
modifications in relation to—

(a) the authority, or

(b) any other person to whom that Act would otherwise apply.

(8) 45Provision under subsection (4) or (6) may, in particular, make
different provision for different parts of an authority’s area.