Policing and Crime Bill (HC Bill 158)

A

BILL

[AS AMENDED IN PUBLIC BILL COMMITTEE]

TO

Make provision for collaboration between the emergency services; to make
provision about the handling of police complaints and other matters relating
to police conduct and to make further provision about the Independent Police
Complaints Commission; to make provision for super-complaints about
policing; to make provision for the investigation of concerns about policing
raised by whistle-blowers; to make provision about police discipline; to make
provision about police inspection; to make provision about the powers of
police civilian staff and police volunteers; to remove the powers of the police
to appoint traffic wardens; to enable provision to be made to alter police
ranks; to make provision about the Police Federation; to make provision in
connection with the replacement of the Association of Chief Police Officers
with the National Police Chiefs’ Council; to make provision about the system
for bail after arrest but before charge; to make provision to enable greater use
of modern technology at police stations; to make other amendments to the
Police and Criminal Evidence Act 1984; to amend the powers of the police
under the Mental Health Act 1983; to extend the powers of the police in
relation to maritime enforcement; to make provision about deputy police and
crime commissioners; to make provision to enable changes to the names of
police areas; to make provision about the regulation of firearms; to make
provision about the licensing of alcohol; to make provision about the
implementation and enforcement of financial sanctions; to amend the Police
Act 1996 to make further provision about police collaboration; to make
provision about the powers of the National Crime Agency; to make provision
for requiring arrested persons to provide details of nationality; to make
provision for requiring defendants in criminal proceedings to provide details
of nationality and other information; to make provision to combat the sexual
exploitation of children; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Emergency services collaboration

CHAPTER 1 Collaboration agreements

1 Collaboration agreements

(1) 5A collaboration agreement may be made by—

(a) one or more persons within a paragraph of subsection (2), and

(b) one or more persons within another paragraph of that subsection.

(2) Those persons are—

(a) an ambulance trust in England,

(b) 10a fire and rescue body in England, and

(c) a police body in England.

(3) A collaboration agreement is an agreement in writing that sets out how the
parties to the agreement will work together in discharging their functions.

(4) Subsection (1) does not prevent a person other than a person listed in
15subsection (2) from being a party to a collaboration agreement.

(5) This section is subject to section 3 (collaboration agreements: specific
restrictions).

(6) Section 4 makes further provision about collaboration agreements.

2 Duties in relation to collaboration agreements

(1) 20A relevant emergency service in England (“the relevant service”) must keep
under consideration whether entering into a collaboration agreement with one
or more other relevant emergency services in England could be in the interests
of the efficiency or effectiveness of that service and those other services.

(2) If the relevant service considers that entering into a collaboration agreement
25with one or more other relevant emergency services in England could be in the
interests of the efficiency or effectiveness of that service and those other
services (“the proposed collaboration”), the relevant service must notify those
other services of the proposed collaboration.

(3) The relevant service and the other services (“the proposed parties”) must
30consider whether the proposed collaboration would be in the interests of the
efficiency or effectiveness of the proposed parties.

(4) Subsection (5) applies if—

(a) a proposed party is of the view that the proposed collaboration would
be in the interests of its efficiency or effectiveness (if it were to give

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effect to the proposed collaboration, or to give effect to it so far as it
relates to that party), and

(b) at least one other proposed party is of the view that the proposed
collaboration would be in the interests of its efficiency and effectiveness
5(if it were to give effect to the proposed collaboration, or to give effect
to it so far as it relates to that party).

(5) Each proposed party which is of that view must give effect to the proposed
collaboration, or give effect to it so far as it relates to that party, by entering into
a collaboration agreement (if the party has power to do so).

(6) 10In the application of this section to a local policing body, references to the
efficiency or effectiveness of that body include the efficiency or effectiveness of
the police force it is responsible for maintaining.

(7) This section is subject to section 3 (collaboration agreements: specific
restrictions).

3 15Collaboration agreements: specific restrictions

(1) Section 2 does not require a relevant emergency service in England to enter into
a collaboration agreement if the service is of the view that the proposed
collaboration would have an adverse effect on its efficiency or effectiveness.

(2) Section 2 does not require an ambulance trust in England to enter into a
20collaboration agreement that would in the view of that trust have an adverse
effect on—

(a) its ability to exercise any of its functions other than its functions of
providing an emergency ambulance service, or

(b) the health service in England (within the meaning of the National
25Health Service Act 2006).

(3) Section 2 applies to an ambulance trust in England only so far as it provides an
emergency ambulance service.

(4) Subsection (5) applies where an ambulance trust in England is considering
whether a proposed collaboration would be in the interests of the efficiency or
30effectiveness of the trust for the purposes of section 2.

(5) The ambulance trust must have particular regard to any effect that entering
into a collaboration agreement pursuant to the proposed collaboration would
have on—

(a) its ability to exercise any of its functions other than its functions of
35providing an emergency ambulance service, and

(b) the health service in England (within the meaning of the National
Health Service Act 2006).

(6) The London Fire Commissioner must consult the Mayor of London before
entering into a collaboration agreement (unless the Mayor is a party to the
40agreement).

(7) A combined authority that exercises the functions of a fire and rescue authority
by virtue of section 105 or 105A of the Local Democracy, Economic
Development and Construction Act 2009 may only enter into a collaboration
agreement where the functions of the authority to which the agreement relates
45are functions of a fire and rescue authority that the combined authority is
entitled to exercise.

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(8) An elected mayor who exercises the functions of a fire and rescue authority by
virtue of section 107D of the Local Democracy, Economic Development and
Construction Act 2009 may only enter into a collaboration agreement where
the functions of the mayor to which the agreement relates are functions of a fire
5and rescue authority that the mayor is entitled to exercise.

(9) An elected mayor who exercises the functions of a police and crime
commissioner by virtue of section 107F of the Local Democracy, Economic
Development and Construction Act 2009 may only enter into a collaboration
agreement where the functions of the mayor to which the agreement relates are
10functions of a police and crime commissioner that the mayor is entitled to
exercise.

(10) A chief officer of police of a police force may not enter into a collaboration
agreement unless the local policing body responsible for maintaining that
police force also enters into the agreement.

(11) 15A local policing body must consult the chief officer of police of the police force
which the body is responsible for maintaining before entering into a
collaboration agreement (unless that chief officer is a party to the agreement).

4 Collaboration agreements: supplementary

(1) A collaboration agreement may, in particular, make provision about the use,
20for the purposes of the agreement, of a power of a party to the agreement to—

(a) make arrangements for the exercise of the party’s functions by another
person, or

(b) exercise functions jointly with another person.

(2) A collaboration agreement may include provision for payments to be made by
25the parties to the agreement for the purposes of facilitating that agreement.

(3) A party to a collaboration agreement may do anything that is necessary or
expedient for the purposes of facilitating the agreement.

(4) Subsection (3) is subject to any restriction imposed on a party by, or by virtue
of, an enactment or rule of law.

(5) 30A collaboration agreement may not include provision for the delegation of a
function where that function may not otherwise be delegated.

(6) The delegation of a function pursuant to a collaboration agreement does not
affect the responsibility of any party to the agreement for the exercise of its
functions.

(7) 35A collaboration agreement must make provision for a party to withdraw from
the agreement where in the view of that party the agreement is no longer in the
interests of its efficiency or effectiveness.

(8) A collaboration agreement may be varied by a subsequent collaboration
agreement.

5 40Collaboration agreements: definitions

(1) This section has effect for the purposes of this Chapter.

(2) “Collaboration agreement” has the meaning given by section 1(3).

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(3) “Relevant emergency service in England” means—

(a) an ambulance trust in England,

(b) a fire and rescue body in England, or

(c) a police body in England.

(4) 5“Ambulance trust in England” means—

(a) an NHS trust all or most of whose hospitals, establishments and
facilities are in England and which provides ambulance services, or

(b) an NHS foundation trust which provides such services.

(5) “Fire and rescue body in England” means—

(a) 10a fire and rescue authority in England,

(b) a combined authority that exercises the functions of a fire and rescue
authority by virtue of section 105 or 105A of the Local Democracy,
Economic Development and Construction Act 2009, or

(c) an elected mayor who exercises the functions of a fire and rescue
15authority by virtue of section 107D of that Act.

(6) “Fire and rescue authority in England” has the same meaning as in the Fire and
Rescue Services Act 2004.

(7) “Police body in England” means—

(a) a police and crime commissioner for a police area in England,

(b) 20a chief constable of a police force for a police area in England (see
Schedule 1 to the Police Act 1996),

(c) the Mayor’s Office for Policing and Crime,

(d) the Commissioner of Police of the Metropolis,

(e) the Common Council of the City of London in its capacity as police
25authority for the City of London police area,

(f) the Commissioner of Police for the City of London, or

(g) an elected mayor who exercises the functions of a police and crime
commissioner by virtue of section 107F of the Local Democracy,
Economic Development and Construction Act 2009.

(8) 30“Chief officer” means—

(a) a chief constable of a police force for a police area in England (see
Schedule 1 to the Police Act 1996),

(b) the Commissioner of Police of the Metropolis, or

(c) the Commissioner of Police for the City of London.

(9) 35“Local policing body” means—

(a) a police and crime commissioner for a police area in England,

(b) the Mayor’s Office for Policing and Crime,

(c) the Common Council of the City of London in its capacity as police
authority for the City of London police area, or

(d) 40an elected mayor who exercises the functions of a police and crime
commissioner by virtue of section 107F of the Local Democracy,
Economic Development and Construction Act 2009.

(10) “The City of London police area” means the City of London as defined for the
purposes of the Acts relating to the City of London police force.

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CHAPTER 2 Police and crime commissioners etc.: fire and rescue functions

6 Provision for police and crime commissioner to be fire and rescue authority

Schedule 1 makes provision for a person who is the police and crime
commissioner for an area to be the fire and rescue authority for that area.

7 5Involvement of police and crime commissioner in fire and rescue authority

(1) The Local Government Act 1972 is amended in accordance with subsections (2)
to (4).

(2) In section 102 (appointment of committees) after subsection (5) insert—

(6) Subsection (7) applies in relation to—

(a) 10a committee or sub-committee appointed by a local authority in
England wholly or partly for the purposes of discharging
functions of a fire and rescue authority,

(b) a joint committee appointed by two or more local authorities in
England wholly or partly for the purpose of discharging such
15functions, or

(c) a sub-committee appointed by any such committee or joint
committee wholly or partly for the purpose of discharging such
functions.

(7) A relevant police and crime commissioner may only be appointed to a
20committee or sub-committee to which this subsection applies in
response to a request made by the commissioner to the appointing
authority or authorities or, in the case of a sub-committee, to the
appointing committee.

(8) If a request under subsection (7) is made to an appointing authority or
25authorities or an appointing committee, they must—

(a) consider the request,

(b) give reasons for their decision to agree to or refuse the request,
and

(c) publish those reasons in such manner as they think appropriate.

(9) 30A relevant police and crime commissioner may attend, speak at and
vote at a meeting of a committee to which the commissioner is
appointed in accordance with this section only if and to the extent that
the business of the meeting relates to the functions of a fire and rescue
authority.

(10) 35Subsection (11) defines “relevant police and crime commissioner” for
the purposes of this section in relation to—

(a) a committee or sub-committee appointed by a local authority,

(b) a joint committee appointed by two or more local authorities, or

(c) a sub-committee appointed by a committee of a local authority
40or a joint committee of two or more local authorities.

(11) For those purposes “relevant police and crime commissioner” means a
police and crime commissioner—

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(a) whose area is the same as, or contains all of, the area of that local
authority or (as the case may be) one or more of those local
authorities, or

(b) all or part of whose area falls within the area of that local
5authority or (as the case may be) one or more of those local
authorities.”

(3) In Part 1 of Schedule 12 (meetings and proceedings of principal councils) after
paragraph 6 insert—

6ZA (1) A relevant police and crime commissioner may attend, speak at and
10vote at a meeting of a principal council in England which is a fire and
rescue authority.

(2) Sub-paragraph (1) applies—

(a) only if and to the extent that the business of the meeting
relates to the functions of the principal council as a fire and
15rescue authority, and

(b) only if the council have consented to the participation of the
relevant police and crime commissioner in such meetings in
response to a request by the commissioner to do so.

(3) If a request under sub-paragraph (2)(b) is made to a principal
20council, the council must—

(a) consider the request,

(b) give reasons for their decision to agree to or refuse the
request, and

(c) publish those reasons in such manner as they think
25appropriate.

(4) If the principal council agree to the request, the relevant police and
crime commissioner is to be treated as a member of the council for
the purposes of the following provisions of this Schedule in the case
of a meeting which relates to the functions of the council as a fire and
30rescue authority—

(a) paragraph 3(2);

(b) paragraph 4(1A);

(c) paragraph 5(3);

(d) paragraph 6;

(e) 35paragraph 39;

(f) paragraph 40;

(g) paragraph 41(3);

(h) paragraph 43.

(5) In this paragraph “relevant police and crime commissioner”, in
40relation to a principal council, means a police and crime
commissioner—

(a) whose area is the same as, or contains all of, the area of the
principal council, or

(b) all or part of whose area falls within the area of the principal
45council.”

(4) In Part 1A of Schedule 12 (joint authorities etc) in paragraph 6B (application of
Part 1) after “this Schedule” insert “other than paragraph 6ZA”.

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(5) The Local Government Act 1985 is amended in accordance with subsections (6)
and (7).

(6) In section 26 (metropolitan county fire and rescue authorities)—

(a) in subsection (3) for “Each” substitute “Subject to subsection (5), each”,
5and

(b) after subsection (4) insert—

(5) A metropolitan county fire and rescue authority may appoint a
relevant police and crime commissioner to be a member of the
authority.

(6) 10An appointment under subsection (5) may only be made in
response to a request by the relevant police and crime
commissioner.

(7) If a request under subsection (6) is made to a metropolitan
county fire and rescue authority, the authority must—

(a) 15consider the request,

(b) give reasons for their decision to agree to or refuse the
request, and

(c) publish those reasons in such manner as they think
appropriate.

(8) 20In this section “relevant police and crime commissioner”, in
relation to a metropolitan county fire and rescue authority,
means a police and crime commissioner—

(a) whose area is the same as, or contains all of, the area of
the authority, or

(b) 25all or part of whose area falls within the area of the
authority.”

(7) In section 34 (chairman, vice-chairman and clerk of metropolitan county fire
and rescue authority) in subsection (7) for the “and” at the end of paragraph (b)
substitute—

(ba) 30if the chairman is a police and crime commissioner and the
authority and the commissioner have agreed that the
commissioner should cease to be a member of the authority, the
date agreed by the authority and the commissioner as the date
on which the commissioner’s membership should cease, and”.

(8) 35In section 13 of the Local Government and Housing Act 1989 (voting rights of
members of certain committees) after subsection (5) insert—

(5ZA) Nothing in this section shall prevent the appointment of a police and
crime commissioner as a voting member of—

(a) any committee or sub-committee appointed by a local authority
40in England wholly or partly for the purposes of discharging
functions of a fire and rescue authority,

(b) any joint committee appointed by two or more local authorities
in England wholly or partly for the purpose of discharging such
functions, or

(c) 45any sub-committee appointed by any such committee or joint
committee wholly or partly for the purpose of discharging such
functions.

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(5ZB) In subsection (5ZA) “local authority” does not include—

(a) a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to
which section 4 of that Act applies,

(b) 5a joint authority which is a metropolitan county fire and rescue
authority, or

(c) the London Fire Commissioner.”

(9) In Schedule A1 to the Local Government Act 2000 (executive arrangements in
England: further provisions) after paragraph 4 insert—

10“Attendance of police and crime commissioner at meetings

4A (1) A relevant police and crime commissioner may attend, speak at and
vote at—

(a) a meeting of an executive of a local authority which is a fire
and rescue authority, or

(b) 15a meeting of a committee of such an executive.

(2) Sub-paragraph (1) applies—

(a) only if and to the extent that the business of the meeting
relates to the functions of the authority as a fire and rescue
authority, and

(b) 20only if the executive has consented to the participation of the
relevant police and crime commissioner in such meetings in
response to a request by the commissioner to do so.

(3) If a request under sub-paragraph (2)(b) is made to an executive of a
local authority, the executive must—

(a) 25consider the request,

(b) give reasons for its decisions to agree to or refuse the request,
and

(c) publish those reasons in such manner as it thinks
appropriate.

(4) 30In this paragraph “relevant police and crime commissioner” means a
police and crime commissioner—

(a) whose area is the same as, or contains all of, the area of the
local authority, or

(b) all or part of whose area falls within the area of the local
35authority.”

(10) Section 3 of the Fire and Rescue Services Act 2004 (creation of combined fire
and rescue authority: supplementary) is amended in accordance with
subsections (11) and (12).

(11) In subsection (3)(a) for “or by the Secretary of State” substitute “, by the
40Secretary of State or by the combined authority”.

(12) After subsection (5) insert—

(6) The following provisions apply if a scheme under section 2 provides for
members of a combined authority to be appointed by the authority.