Policing and Crime Bill (HC Bill 158)

Employment Agencies Act 1973 (c. 35)1973 (c. 35)

48 In section 13(7) of the Employment Agencies Act 1973 (persons to whom the
Act does not apply) for paragraph (fh) substitute—

“(fh) the exercise by the London Fire Commissioner of any of the
5Commissioner’s functions;”.

Local Government Act 1974 (c. 7)1974 (c. 7)

49 In section 25(1) of the Local Government Act 1974 (authorities subject to
investigation) for paragraph (cza) substitute—

“(cza) the London Fire Commissioner;”.

10Health and Safety at Work etc Act 1974 (c. 37)1974 (c. 37)

50 In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on
disclosure of information: meaning of local authority) for “and the London
Fire and Emergency Planning Authority” substitute “and the London Fire
Commissioner”.

15Local Government (Miscellaneous Provisions) Act 1976 (c. 57)1976 (c. 57)

51 In section 44(1) of the Local Government (Miscellaneous Provisions) Act
1976 (interpretation of Part 1) in the definition of “local authority”—

(a) in paragraph (a) for “and the London Fire and Emergency Planning
Authority” substitute “and the London Fire Commissioner”, and

(b) 20in paragraph (c) for “the London Fire and Emergency Planning
Authority” substitute “the London Fire Commissioner”.

Rent (Agriculture) Act 1976 (c. 80)1976 (c. 80)

52 In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not
statutory tenancies) for paragraph (bbb) substitute—

“(bbb) 25the London Fire Commissioner;”.

Rent Act 1977 (c. 42)1977 (c. 42)

53 In section 14(1) of the Rent Act 1977 (tenancies which are not protected
tenancies) for paragraph (cc) substitute—

“(cc) the London Fire Commissioner;”.

30London Hydraulic Power Act 1977 (c. xi)

54 In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of
intention to use new pipeline) for “the London Fire and Emergency Planning
Authority” substitute “the London Fire Commissioner”.

Protection from Eviction Act 1977 (c. 43)1977 (c. 43)

55 35In section 3A(8)(a) (excluded tenancies and licences: licences to occupy local
authority etc hostels) for “the London Fire and Emergency Planning
Authority,” substitute “the London Fire Commissioner,”.

Local Government, Planning and Land Act 1980 (c. 65)1980 (c. 65)

56 The Local Government, Planning and Land Act 1980 is amended as follows.

57 In section 2 (duty of authorities to publish information) in subsection (1)
(authorities to which the duty applies) for paragraph (kb) substitute—

“(kb) 5the London Fire Commissioner;”.

58 In section 98 (disposal of land at direction of Secretary of State) in subsection
(8A) (authorities to which provisions as to associated bodies apply) for
paragraph (f) substitute—

“(f) the London Fire Commissioner.”

59 10In section 99 (disposal of land at direction of Secretary of State -
supplementary) in subsection (4) (authorities who may make
representations about directions) for paragraph (dbb) substitute—

“(dbb) the London Fire Commissioner;”

60 In section 100 (interpretation and extent of Part 10) in subsection (1)(a)
15(meaning of “subsidiary”) for “, the London Fire and Emergency Planning
Authority” substitute “, the London Fire Commissioner”.

61 In Schedule 16 (bodies to whom Part 10 applies) for paragraph 5BB
substitute—

“5BB The London Fire Commissioner.”

20Acquisition of Land Act 1981 (c. 67)1981 (c. 67)

62 The Acquisition of Land Act 1981 is amended as follows.

63 In section 7(1) (interpretation) in the definition of “local authority” for
paragraph (a1) substitute—

“(a1) the London Fire Commissioner;”.

64 25In section 17(4) (local authority and statutory undertakers’ land:
interpretation) in paragraph (a) of the definition of “local authority” for “the
London Fire and Emergency Planning Authority,” substitute “the London
Fire Commissioner,”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)1982 (c. 30)

65 30The Local Government (Miscellaneous Provisions) Act 1982 is amended as
follows.

66 In section 33 (enforceability by local authorities of certain covenants relating
to land) in subsection (9)(a) (meaning of “principal council”) for “the London
Fire and Emergency Planning Authority,” substitute “the London Fire
35Commissioner,”.

67 In section 41 (lost and uncollected property) in subsection (13)
(interpretation) in the definition of “local authority” for paragraph (f)
substitute—

“(f) the London Fire Commissioner;”.

68 40In section 45 (arrangements under Employment and Training Act 1973) in
subsection (2) (local authorities to which section applies) for paragraph (d)

substitute—

“(d) the London Fire Commissioner.”

County Courts Act 1984 (c. 28)1984 (c. 28)

69 In section 60(3) of the County Courts Act 1984 (right of audience of local
5authority: interpretation) in the definition of “local authority” for “the
London Fire and Emergency Planning Authority,” substitute “the London
Fire Commissioner,”.

Local Government Act 1985 (c. 51)1985 (c. 51)

70 The Local Government Act 1985 is amended as follows.

71 10In section 72 (accounts and audit) for subsection (5) substitute—

“(5) Any reference in this section to a new authority includes a reference
to the London Fire Commissioner.”

72 In Schedule 11 (police and fire services) in paragraph 2(4) (references to the
Metropolitan Board of Works in the Metropolitan Fire Brigade Act 1985 to
15be construed as references to the London Fire and Emergency Planning
Authority) for “the London Fire and Emergency Planning Authority”
substitute “the London Fire Commissioner”.

Housing Act 1985 (c. 68)1985 (c. 68)

73 In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority:
20local authorities) for “and the London Fire and Emergency Planning
Authority” in both places substitute “and the London Fire Commissioner”.

Housing Associations Act 1985 (c.69)1985 (c.69)

74 In section 106(1) of the Housing Associations Act 1985 (minor definitions -
general) in the definition of “local authority”—

(a) 25for “, a combined authority established under section 103 of that Act”
substitute “and a combined authority established under section 103
of that Act”,

(b) omit “and the London Fire and Emergency Planning Authority”, and

(c) omit “the London Fire and Emergency Planning Authority,” (in the
30second place).

Landlord and Tenant Act 1985 (c.70)1985 (c.70)

75 In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the
definition of “local authority” for “and the London Fire and Emergency
Planning Authority” substitute “and the London Fire Commissioner”.

35Local Government Act 1986 (c. 10)1986 (c. 10)

76 The Local Government Act 1986 is amended as follows.

77 In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) for
the entry relating to the London Fire and Emergency Planning Authority
substitute—

• 40““the London Fire Commissioner,”.

78 In section 9(1)(a) of the Local Government Act 1986 (meaning of “local
authority” for the purposes of Part 3) for the entry relating to the London
Fire and Emergency Planning Authority substitute—

• ““the London Fire Commissioner,”.

5Landlord and Tenant Act 1987 (c.31)1987 (c.31)

79 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in
paragraph (a) (local authorities) for “the London Fire and Emergency
Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government Act 1988 (c. 9)1988 (c. 9)

80 10In Schedule 2 to the Local Government Act 1988 (public supply or works
contracts: the public authorities) for the entry relating to the London Fire
and Emergency Planning Authority substitute—

• ““The London Fire Commissioner.”

Housing Act 1988 (c. 50)1988 (c. 50)

81 15The Housing Act 1988 is amended as follows.

82 In section 74(8) (transfer of land etc to housing action trusts: meaning of
“local authority”) for paragraph (g) substitute—

“(g) the London Fire Commissioner.”

83 In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in
20paragraph 12(2) (local authority tenancies: meaning of “local authority”) for
paragraph (ee) substitute—

“(ee) the London Fire Commissioner;”.

Road Traffic Act 1988 (c. 52)1988 (c. 52)

84 In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the
25requirement for third party insurance) for “the London Fire and Emergency
Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government and Housing Act 1989 (c. 42)1989 (c. 42)

85 The Local Government and Housing Act 1989 is amended as follows.

86 In section 1(9) (meaning of politically restricted post under a local authority)
30for “and every member of staff of a fire and rescue authority created by an
order under section 4A of the Fire and Rescue Services Act 2004” (as inserted
by paragraph 53 of Schedule 1) substitute “every member of staff of a fire
and rescue authority created by an order under section 4A of the Fire and
Rescue Services Act 2004 and every member of staff of the London Fire
35Commissioner”.

87 (1) Section 4 (designation and reports of head of paid service) is amended as
follows.

(2) In subsection (4) after paragraph (aa) (as inserted by paragraph 54(2) of
Schedule 1) insert—

“(ab) 40in the case of the London Fire Commissioner, to the
Commissioner;”.

(3) After subsection (5B) (as inserted by paragraph 54(3) of Schedule 1) insert—

“(5C) It shall be the duty of the London Fire Commissioner to consider any
report under this section by the head of the Commissioner’s paid
service and to do so no later than three months after the
5Commissioner is sent a copy of the report.”

(4) In subsection (6)(a) for “and a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004” (as inserted by
paragraph 54(4) of Schedule 1) substitute “, a fire and rescue authority
created by an order under section 4A of the Fire and Rescue Services Act
102004 and the London Fire Commissioner”.

88 (1) Section 5 (designation and reports of monitoring officer) is amended as
follows.

(2) In subsection (3) after paragraph (aa) (as inserted by paragraph 55(2) of
Schedule 1) insert—

“(ab) 15in the case of the London Fire Commissioner, to the
Commissioner;”.

(3) In subsection (5)(a) after sub-paragraph (ia) (as inserted by paragraph 55(4)
of Schedule 1) insert—

“(“ib) in the case of the London Fire Commissioner, no later
20than three months after the Commissioner is sent a
copy of the report;”.

(4) In subsection (8) in paragraph (a) of the definition of “relevant authority” for
“and a fire and rescue authority created by an order under section 4A of the
Fire and Rescue Services Act 2004” (as inserted by paragraph 55(4) of
25Schedule 1) substitute “, a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004 and the London
Fire Commissioner”.

89 (1) Section 21 (interpretation of Part 1) is amended as follows.

(2) In subsection (1)(i) omit “or the London Fire and Emergency Planning
30Authority”.

(3) After subsection (1B) (as inserted by paragraph 56 of Schedule 1) insert—

“(1C) In the following provisions of this Part references to a local authority
include the London Fire Commissioner—

(a) section 1 (disqualification and political restriction of certain
35officers and staff),

(b) section 2 (politically restricted posts),

(c) section 3A (grant and supervision of exemptions from
political restriction: England),

(d) section 7 (all staff to be appointed on merit), and

(e) 40section 10 (limit on paid leave for local authority duties).

(1D) In the application of section 1(1) to the London Fire Commissioner by
virtue of subsection (1A) the reference to being or remaining a
member of a local authority is to be read as a reference to becoming
or remaining the London Fire Commissioner.”

90 45In section 152(2) (meaning of “relevant authority” for the purposes of

sections 150 and 151) for paragraph (n) substitute—

“(n) the London Fire Commissioner.”

91 In section 155(1A) (emergency financial assistance to local authorities:
expenditure treated as incurred by Greater London Authority) for
5paragraph (a) substitute—

“(a) the London Fire Commissioner.”

Town and Country Planning Act 1990 (c. 8)1990 (c. 8)

92 The Town and Country Planning Act 1990 is amended as follows.

93 In section 252 (procedures for highways orders) in the definition of “local
10authority” in subsection (12) for “the London Fire and Emergency Planning
Authority,” substitute “the London Fire Commissioner,”.

94 In section 336(1) (interpretation) in the definition of “local authority” for
paragraph (ab) substitute—

“(ab) the London Fire Commissioner;”.

95 15In Schedule 14 (procedure for footpaths and bridleways orders) in
paragraph 1(3) (meaning of “council” in provisions about notices) for “, the
London Fire and Emergency Planning Authority,” substitute “, the London
Fire Commissioner,”.

London Local Authorities Act 1991 (c. xiii)

96 20The London Local Authorities Act 1991 is amended as follows.

97 In section 7 (licensing of special treatment premises: duty to notify London
Fire and Emergency Planning Authority of application) for “the London Fire
and Emergency Planning Authority” in each place substitute “the London
Fire Commissioner”.

98 25In section 15(1) (powers of entry) for “the London Fire and Emergency
Planning Authority” substitute “the London Fire Commissioner”.

Local Government (Overseas Assistance) Act 1993 (c. 25)1993 (c. 25)

99 In section 1 of the Local Government (Overseas Assistance) Act 1993 (power
to provide advice and assistance) in subsection (10) (other bodies) for
30paragraph (dd) substitute—

“(dd) the London Fire Commissioner;”

London Local Authorities Act 1995 (c. x)

100 In section 2 of the London Local Authorities Act 1995 (interpretation) in
paragraph (b) of the definition of “the fire and rescue authority” for “the
35London Fire and Emergency Planning Authority” substitute “the London
Fire Commissioner”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)1996 (c. 53)

101 In section 3(2) (persons ineligible for grant) for paragraph (k) substitute—

“(k) the London Fire Commissioner.”

Channel Tunnel Rail Link Act 1996 (c. 61)1996 (c. 61)

102 In Schedule 3 to the Channel Tunnel Rail Link Act 1996 (highways) in
paragraph 2(11) (definition of local authority) for “the London Fire and
Emergency Planning Authority” substitute “the London Fire
5Commissioner”.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

103 The Crime and Disorder Act 1998 is amended as follows.

104 In section 5(5) (authorities responsible for strategies: interpretation) in the
definition of “fire and rescue authority” for paragraph (c) substitute—

“(c) 10the London Fire Commissioner.”

105 In section 17(2) (duty to consider crime and disorder implications:
authorities to which duty applies) for the entry relating to the London Fire
and Emergency Planning Authority substitute—

• ““the London Fire Commissioner;”.

106 15In section 115(2) (disclosure of information: meaning of relevant authority)
for paragraph (h) substitute—

“(h) the London Fire Commissioner;”.

Local Government Act 1999 (c. 27)1999 (c. 27)

107 In section 1(1) of the Local Government Act 1999 (best value authorities) for
20paragraph (f) substitute—

“(f) the London Fire Commissioner;”.

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

108 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: local government) for paragraph 20 substitute—

“20 25The London Fire Commissioner.”

Courts Act 2003 (c. 39)2003 (c. 39)

109 (1) Section 41 of the Courts Act 2003 (disqualification of lay justices who are
members of local authorities) is amended as follows.

(2) In subsection (6) for paragraph (d) substitute—

“(d) 30the London Fire Commissioner,”.

(3) After subsection (6) insert—

“(7) In the application of this section to the London Fire Commissioner,
the reference in subsection (1) to a member of the local authority is to
the person who is for the time being the Commissioner.”

35Fire and Rescue Services Act 2004 (c. 21)2004 (c. 21)

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

111 In section 1(2) (fire and rescue authorities in England) in paragraph (c) for
“London Fire and Emergency Planning Authority” substitute “London Fire
Commissioner”.

112 In section 5A(3) (powers of certain fire and rescue authorities: authorities to
5which the section applies) for paragraph (b) substitute—

“(b) the London Fire Commissioner,”.

113 In section 5B (boundaries of power under section 5A) after subsection (5)
insert—

“(5A) Section 5A(1) does not authorise the London Fire Commissioner to
10enter into a contract to which this subsection applies without the
consent of the Mayor of London.

(5B) Subsection (5A) applies to a contract if—

(a) the Mayor of London has notified the London Fire
Commissioner that the Commissioner requires the Mayor’s
15consent before entering into a contract of a kind specified in
the notification, and

(b) the contract is of that kind.”

Local Government and Public Involvement in Health Act 2007 (c. 28)2007 (c. 28)

114 In section 104 of the Local Government and Public Involvement in Health
20Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue
authority”) for paragraph (c) substitute—

“(c) the London Fire Commissioner.”

Crossrail Act 2008 (c. 18)2008 (c. 18)

115 In Schedule 3 to the Crossrail Act 2008 (stopping-up of highways) in
25paragraph 2(11) (local authorities which must be notified of proposed
stopping-up) for paragraph (c) substitute—

“(c) the London Fire Commissioner,”.

Equality Act 2010 (c. 15)2010 (c. 15)

116 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) for the
30entry relating to the London Fire and Emergency Planning Authority
substitute—

• ““The London Fire Commissioner;”.

Localism Act 2011 (c. 20)2011 (c. 20)

117 The Localism Act 2011 is amended as follows.

118 35In section 27 (duty to promote and maintain high standards of conduct) in
subsection (6) (meaning of “relevant authority”) omit paragraph (g) (the
London Fire and Emergency Planning Authority).

119 In section 43(1) (meaning of “relevant authority” for purposes of provisions
on pay accountability) for paragraph (g) substitute—

“(g) 40the London Fire Commissioner,”.

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

120 In section 66 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
commissioner: other grounds) after subsection (11) (as inserted by
5paragraph 78 of Schedule 1) insert—

“(12) A person is disqualified from being elected as, or being, police and
crime commissioner if the person—

(a) is the London Fire Commissioner, or

(b) is a member of the staff of the London Fire Commissioner.”

10Energy Act 2013 (c. 32)2013 (c. 32)

121 In Part 3 of Schedule 9 to the Energy Act 2013 (protected information:
permitted disclosures and restrictions on use) in paragraph 14(3) (local
authorities and water authorities: interpretation) in the definition of “local
authority” for paragraph (e) substitute—

“(e) 15the London Fire Commissioner,”.

Local Audit and Accountability Act 2014 (c. 2)2014 (c. 2)

122 (1) The Local Audit and Accountability Act 2014 is amended as follows.

(2) In section 40 (access to local government meetings and documents) in
subsection (6) (bodies to which provisions apply) for paragraph (f)
20substitute—

“(f) the London Fire Commissioner,”.

(3) In Schedule 7 (reports and recommendations by local auditor) in paragraph
5(7) (duty of certain authorities to consider report or recommendation) (as
amended by paragraph 84 of Schedule 1) for “or a fire and rescue authority
25created by an order under section 4A of the Fire and Rescue Services Act
2004” substitute “, a fire and rescue authority created by an order under
section 4A of the Fire and Rescue Services Act 2004 or the London Fire
Commissioner”.

Consequential repeals

123 30In consequence of the amendments made by this Schedule the following
provisions are repealed—

(a) sections 25, 26 and 27 of the Greater London Authority Act 2007;

(b) paragraph 8(6) of Schedule 3 to the Local Government and Public
Involvement in Health Act 2007.

Section 12

35SCHEDULE 3 Amendments consequential on the amended definition of police complaint

1 The Police Reform Act 2002 is amended as follows.

2 In section 10 (general functions of the Independent Police Complaints
Commission), in subsection (2)—

(a) in paragraph (a), for “made about the conduct of persons serving
with the police” substitute “(within the meaning given by section
12)”;

(b) in paragraph (b), for “such persons” substitute “persons serving with
5the police”.

3 (1) Section 16 (payment for assistance with investigations) is amended as
follows.

(2) In subsection (2)(a)—

(a) before sub-paragraph (i) insert—

“(“ai) 10an investigation of a complaint where the
complainant expressed dissatisfaction with
the other force,”;

(b) in sub-paragraph (i), after “investigation” insert “of a recordable
conduct matter”.

(3) 15In subsection (2)(b)—

(a) before sub-paragraph (i) insert—

“(“ai) an investigation of a complaint where the
complainant expressed dissatisfaction with a
force other than that force,”;

(b) 20in sub-paragraph (i), after “investigation” insert “of a recordable
conduct matter”.

4 In section 21 (duty to provide information for other persons), in subsection
(2), in the words before paragraph (a), for “complaint or” substitute
“complaint that relates to conduct of a person serving with the police or a”.

5 25In section 23 (regulations), in subsection (2)(a), in the words before sub-
paragraph (i), for “against any person” substitute “that relates to conduct of
a person serving with the police”.

6 (1) Section 29 (interpretation of Part 2) is amended as follows.

(2) In subsection (1), in the definition of “appropriate authority”—

(a) 30omit “and” at the end of paragraph (a);

(b) after paragraph (a) insert—

• “(aa)

  in relation to any other complaint, means the
  chief officer of the police force with which
  dissatisfaction is expressed by the
  35complainant; and”;

(3) In subsection (1), in the definition of “person complained against”, after “a
complaint” insert “that relates to conduct of a person serving with the
police”.

(4) In subsection (2), for paragraphs (a) and (b) substitute—

“(a) 40to the person by whom the complaint or purported complaint
was made, or

(b) in a case where the complaint or purported complaint was
made on behalf of someone else, to the person on whose
behalf it was made;”.