Policing and Crime Bill (HC Bill 158)

Policing and Crime BillPage 10

(7) The scheme must provide that a relevant police and crime
commissioner may only be appointed as a member of the authority in
response to a request by the commissioner.

(8) The scheme must provide that if, such a request is made to the
5authority, the authority must—

(a) consider the request,

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

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

(9) 10In this section “relevant police and crime commissioner”, in relation to
a combined 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) all or part of whose area falls within the area of the authority.”

(13) 15The Localism Act 2011 is amended in accordance with subsections (14) and
(15).

(14) In section 27 (duty to promote and maintain high standards of conduct) after
subsection (4) insert—

(4A) In this Chapter “co-opted member” includes a police and crime
20commissioner who—

(a) is entitled to participate in meetings of a county or district
council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to
the Local Government Act 1972, or

(b) is entitled to participate in meetings of an executive of a county
25or district council by virtue of paragraph 4A of Schedule A1 to
the Local Government Act 2000.”

(15) In section 28 (codes of conduct) after subsection (11) insert—

(11A) Subsections (11B) to (11D) apply if a police and crime commissioner is
a member or co-opted member of a relevant authority in the
30commissioner’s capacity as such.

(11B) Arrangements put in place under subsection (6)(b) by the relevant
authority must include provision for an allegation against the
commissioner to be referred to the police and crime panel for the
commissioner’s police area.

(11C) 35If, in response to an allegation referred to it by virtue of subsection
(11B), the police and crime panel makes a report or recommendation to
the police and crime commissioner under section 28(6) of the Police
Reform and Social Responsibility Act 2011, the panel may also make a
report or recommendation on the allegation to the relevant authority.

(11D) 40The relevant authority must take any such report or recommendation
into account in determining—

(a) whether the police and crime commissioner has failed to
comply with the authority’s code of conduct,

(b) whether to take action in relation to the commissioner, and

(c) 45what action to take.”

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8 Combined authority mayors: exercise of fire and rescue functions

(1) The Local Democracy, Economic Development and Construction Act 2009 is
amended in accordance with subsections (2) to (4).

(2) After section 107E insert—

107EA 5  Exercise of fire and rescue functions

(1) This section applies to a mayor for the area of a combined authority
who—

(a) by virtue of section 107D(1), may exercise functions which are
conferred on a fire and rescue authority in that name (“fire and
10rescue functions”), and

(b) by virtue of section 107F(1), may exercise functions of a police
and crime commissioner.

(2) The Secretary of State may by order make provision—

(a) authorising the mayor to arrange for the chief constable of the
15police force for the police area which corresponds to the area of
the combined authority to exercise fire and rescue functions
exercisable by the mayor;

(b) authorising that chief constable to arrange for a person within
subsection (4) to exercise functions exercisable by the chief
20constable under arrangements made by virtue of paragraph (a).

(3) An order under subsection (2) may provide that arrangements made
under the order—

(a) may authorise the exercise of any fire and rescue functions
exercisable by the mayor;

(b) 25may authorise the exercise of any fire and rescue functions
exercisable by the mayor other than those specified or described
in the order;

(c) may authorise the exercise of fire and rescue functions
exercisable by the mayor which are specified or described in the
30order.

(4) The persons mentioned in subsection (2)(b) are—

(a) members of the chief constable’s police force;

(b) the civilian staff of that police force, as defined by section 102(4)
of the Police Reform and Social Responsibility Act 2011;

(c) 35members of staff transferred to the chief constable under a
scheme made by virtue of section 107EC(1);

(d) members of staff appointed by the chief constable under section
107EC(2).

(5) Provision in an order under section 107D(1) for a function to be
40exercisable only by the mayor for the area of a combined authority is
subject to provision made by virtue of subsection (2).

(6) This section is subject to—

(a) section 107EB (section 107EA orders: procedure), and

(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition
45on employment of police in fire-fighting).

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107EB   Section 107EA orders: procedure

(1) An order under section 107EA(2) may be made in relation to the mayor
for the area of a combined authority only if the mayor has requested the
Secretary of State to make the order.

(2) 5A request under subsection (1) must be accompanied by a report which
contains—

(a) an assessment of why—

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

(ii) 10it is in the interests of public safety for the order to be
made,

(b) a description of any public consultation which the mayor has
carried out on the proposal for the order to be made,

(c) a summary of the responses to any such consultation, and

(d) 15a summary of the representations (if any) which the mayor has
received about that proposal from the constituent members of
the combined authority.

(3) Subsections (4) and (5) apply if—

(a) the mayor for the area of a combined authority has made a
20request under subsection (1) for the Secretary of State to make
an order under section 107EA(2), and

(b) at least two thirds of the constituent members of the combined
authority have indicated that they disagree with the proposal
for the order to be made.

(4) 25The mayor must, in providing the report under subsection (2), provide
the Secretary of State with—

(a) copies of the representations (if any) made by the constituent
members of the combined authority about that proposal, and

(b) the mayor’s response to those representations and to the
30responses to any public consultation which the mayor has
carried out on that proposal.

(5) The Secretary of State must—

(a) obtain an independent assessment of that proposal, and

(b) in deciding whether to make the order, have regard to that
35assessment and to the material provided under subsection (4)
(as well as the material provided under subsection (2)).

(6) An order under section 107EA(2) may be made only if it appears to the
Secretary of State that—

(a) it is in the interests of economy, efficiency and effectiveness for
40the order to be made, or

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

(7) The Secretary of State may, in making an order under section 107EA(2)
in relation to the mayor for the area of a combined authority, give effect
to the mayor’s proposal for the order with such modifications as the
45Secretary of State thinks appropriate.

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(8) Before making an order which gives effect to such a proposal with
modifications, the Secretary of State must consult the mayor and the
combined authority on the modifications.

(9) In this section—

  • 5“constituent council”, in relation to a combined authority,
    means—

    (a)

    a county council the whole or any part of whose area is
    within the area of the combined authority, or

    (b)

    a district council whose area is within the area of the
    10combined authority;

  • “constituent member”, in relation to a combined authority, means
    a member of the authority appointed by a constituent council
    (but does not include the mayor for the area of the combined
    authority).

107EC 15 Section 107EA orders: further provision

(1) An order under section 107EA(2) may make provision for the making
of a scheme to transfer property, rights and liabilities (including
criminal liabilities) from a fire and rescue authority or the combined
authority to the chief constable (including provision corresponding to
20any provision made by section 17(4) to (6) of the Localism Act 2011).

(2) A chief constable to whom an order under section 107EA(2) applies
may appoint staff for the purpose of the exercise of functions
exercisable by the chief constable by virtue of the order.

(3) A chief constable to whom an order under section 107EA(2) applies
25may—

(a) pay remuneration, allowances and gratuities to members of the
chief constable’s fire and rescue staff;

(b) pay pensions to, or in respect of, persons who are or have been
such members of staff;

(c) 30pay amounts for or towards the provision of pensions to, or in
respect of, persons who are or have been such members of staff.

(4) In subsection (2) “allowances”, in relation to a member of staff, means
allowances in respect of expenses incurred by the member of staff in the
course of employment as such a member of staff.

(5) 35Subject to subsections (6) to (8), a person who is employed pursuant to
a transfer by virtue of subsection (1) or an appointment under
subsection (2) may not at the same time be employed pursuant to an
appointment by a chief constable of the police force for a police area
under Schedule 2 to the Police Reform and Social Responsibility Act
402011.

(6) Where an order under section 107EA(2) is in force in relation to the
chief constable of the police force for a police area, the person who is for
the time being the police force’s chief finance officer is to be responsible
for the proper administration of financial affairs relating to the exercise
45of functions exercisable by the chief constable by virtue of the order.

(7) Subsection (5) does not prevent a person who is employed as a finance
officer for fire functions from being at the same time employed as a
finance officer for police functions.

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(8) In subsection (7)

  • “finance officer for fire functions” means a member of a chief
    constable’s fire and rescue staff  who—

    (a)

    is not a chief finance officer of the kind mentioned in
    5subsection (6), and

    (b)

    is employed to carry out duties relating to the proper
    administration of financial affairs relating to the exercise
    of functions exercisable by the chief constable by virtue
    of an order under section 107EA(2);

  • 10“finance officer for police functions” means a member of a chief
    constable’s civilian staff within the meaning of the Police
    Reform and Social Responsibility Act 2011 who—

    (a)

    is not a chief finance officer of the kind mentioned in
    subsection (6), and

    (b)

    15is employed to carry out duties relating to the proper
    administration of a police force’s financial affairs.

(9) Where an order under section 107EA(2) is in force, the combined
authority to which the order applies must pay—

(a) any damages or costs awarded against the chief constable to
20whom the order applies in any proceedings brought against the
chief constable in respect of the acts or omissions of a member
of the chief constable’s fire and rescue staff;

(b) any costs incurred by the chief constable in any such
proceedings so far as not recovered by the chief constable in the
25proceedings;

(c) any sum required in connection with the settlement of any
claim made against the chief constable in respect of the acts or
omissions of a member of the chief constable’s fire and rescue
staff, if the settlement is approved by the authority.

(10) 30Where an order under section 107EA(2) is in force, the combined
authority to which the order applies may, in such cases and to such
extent as appears to the authority to be appropriate, pay—

(a) any damages or costs awarded against a member of the fire and
rescue staff of the chief constable to whom the order applies in
35proceedings for any unlawful conduct of that member of staff;

(b) costs incurred and not recovered by such a member of staff in
such proceedings;

(c) sums required in connection with the settlement of a claim that
has or might have given rise to such proceedings.

(11) 40In this section “fire and rescue staff”, in relation to a chief constable to
whom an order under section 107EA(2) applies, means—

(a) staff transferred to the chief constable under a scheme made by
virtue of subsection (1);

(b) staff appointed by the chief constable under subsection (2).

107ED 45  Section 107EA orders: exercise of fire and rescue functions

(1) This section applies if—

(a) an order under section 107EA(2) makes provision in relation to
the area of a combined authority, and

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(b) by virtue of the order, fire and rescue functions exercisable by
the mayor for the area of the combined authority are exercisable
by the chief constable of the police force for the police area
which corresponds to that area.

(2) 5The chief constable must secure that good value for money is obtained
in exercising—

(a) functions which are exercisable by the chief constable by virtue
of the order, and

(b) functions relating to fire and rescue services which are
10conferred on the chief constable by or by virtue of any
enactment.

(3) The chief constable must secure that other persons exercising functions
by virtue of the order obtain good value for money in exercising those
functions.

(4) 15The mayor must—

(a) secure the exercise of the duties which are exercisable by the
chief constable or another person by virtue of the order,

(b) secure the exercise of the duties relating to fire and rescue
services which are imposed on the chief constable by or by
20virtue of any enactment,

(c) secure that functions which are exercisable by the chief
constable or another person by virtue of the order are exercised
efficiently and effectively, and

(d) secure that functions relating to fire and rescue services which
25are conferred or imposed on the chief constable by or by virtue
of any enactment are exercised efficiently and effectively.

(5) The mayor must hold the chief constable to account for the exercise of
such functions.

107EE   Section 107EA orders: complaints and conduct matters etc

(1) 30If an order is made under 107EA(2) that enables arrangements to be
made for the exercise of functions by members of a police force or the
civilian staff of a police force, the Secretary of State may by order
amend Part 2 of the Police Reform Act 2002 (persons serving with the
police: complaints and conduct matters etc) in consequence of that
35provision.

(2) If an order is made under section 107EA(2) that enables arrangements
to be made for the exercise of functions by members of staff transferred
to a chief constable under a scheme made by virtue of section 107EC(1)
or appointed by a chief constable under section 107EC(2), the Secretary
40of State may by order make provision of the type described in
subsection (3) in relation to those members of staff.

(3) The provision referred to in subsection (2) is—

(a) provision corresponding or similar to any provision made by or
under Part 2 of the Police Reform Act 2002;

(b) 45provision applying (with or without modifications) any
provision made by or under Part 2 of that Act.

(4) The Secretary of State may by order, in consequence of any provision
made under subsection (2), amend Part 2 of the Police Reform Act 2002.

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(5) Before making an order under this section the Secretary of State must
consult—

(a) the Police Advisory Board for England and Wales,

(b) the Independent Police Complaints Commission,

(c) 5such persons as appear to the Secretary of State to represent the
views of police and crime commissioners,

(d) such persons as appear to the Secretary of State to represent the
views of fire and rescue authorities, and

(e) such other persons as the Secretary of State considers
10appropriate.

107EF   Section 107EA orders: application of local policing provisions

(1) The Secretary of State may by order—

(a) apply (with or without modifications) any provision of a local
policing enactment in relation to a person within subsection (2);

(b) 15make, in relation to such a person, provision corresponding or
similar to any provision of a local policing enactment.

(2) Those persons are—

(a) a mayor for the area of a combined authority to which an order
under section 107EA(2) applies,

(b) 20a chief constable to which such an order applies, and

(c) a panel established by virtue of an order under paragraph 4 of
Schedule 5C for such an area.

(3) The power conferred by subsection (1)(a) or (b) includes power to apply
(with or without modifications) any provision made by or under a local
25policing enactment or make provision corresponding or similar to any
such provision.

(4) The Secretary of State may by order amend, revoke or repeal a
provision of or made under an enactment in consequence of provision
made by virtue of subsection (1).

(5) 30In this section “local policing enactment” means an Act relating to a
police and crime commissioner.”

(3) In section 107D(6)(b) (general functions exercisable by the mayor for the area
of a combined authority) after “section 107E” insert “or 107EA”.

(4) In section 120 (interpretation) after the definition of “EPB” insert—

  • 35““fire and rescue authority” means a fire and rescue authority
    under the Fire and Rescue Services Act 2004;”.

(5) In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme) (as
continued in force by order under section 36 of the Fire and Rescue Services Act
2004) in subsection (5A) (as inserted by paragraph 12 of Schedule 1)—

(a) 40omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

(c) a transfer to the chief constable under a scheme made by
virtue of section 107EC(1) of the Local Democracy,
Economic Development and Construction Act 2009, or

(d) 45an appointment by the chief constable under section
107EC(2) of that Act.”

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(6) In section 63 of the Police Act 1996 (Police Advisory Board for England and
Wales) in subsection (4) (as inserted by paragraph 15 of Schedule 1) for “also
imposes a requirement” substitute “and section 107EE of the Local Democracy,
Economic Development and Construction Act 2009 also impose
5requirements”.

(7) In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in
subsection (11A) (as inserted by paragraph 17 of Schedule 1) after paragraph
(b) insert—

(c) any member of staff transferred to that chief constable under a
10scheme made by virtue of section 107EC(1) of the Local
Democracy, Economic Development and Construction Act 2009
(transfer of property, rights and liabilities to chief constable to
whom fire functions of combined authority may be delegated);

(d) any member of staff appointed by that chief constable under
15section 107EC(2) of that Act (appointment of staff by chief
constable to whom fire functions of combined authority may be
delegated).”

(8) In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in
subsection (11) (as inserted by paragraph 9 of Schedule 1)—

(a) 20omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

(c) transferred to the chief constable under a scheme made
by virtue of section 107EC(1) of the Local Democracy,
Economic Development and Construction Act 2009, or

(d) 25appointed by the chief constable under section 107EC(2)
of that Act.”

(9) In section 37 of the Fire and Rescue Services Act 2004 (prohibition on
employment of police in fire-fighting) (as substituted by paragraph 10 of
Schedule 1) in subsection (3)—

(a) 30after “whom” insert “—(a)”, and

(b) after paragraph (a) insert , or

(b) functions of a fire and rescue authority which are
exercisable by the mayor of a combined authority have
been delegated under an order under section 107EA(2)
35of the Local Democracy, Economic Development and
Construction Act 2009.”

(10) In Schedule 8 to the Police Reform and Social Responsibility Act 2011
(appointment, suspension and removal of senior police officers) in paragraph
2 (no appointment until end of confirmation process) in sub-paragraph (1AA)
40(as inserted by paragraph 81 of Schedule 1) after “section 4H of the Fire and
Rescue Services Act 2004” insert “or section 107EA(2) of the Local Democracy,
Economic Development and Construction Act 2009”.

(11) In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service:
definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as
45inserted by paragraph 24 of Schedule 1)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) for the “or” at the end of sub-paragraph (ii) substitute—

(iii) transferred to the chief constable under a
scheme made by virtue of section 107EC(1) of

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the Local Democracy, Economic Development
and Construction Act 2009, or

(iv) appointed by the chief constable under section
107EC(2) of that Act, or”.

CHAPTER 3 5London Fire Commissioner

9 The London Fire Commissioner

(1) The London Fire and Emergency Planning Authority is abolished.

(2) The functions of the London Fire and Emergency Planning Authority are
(subject to this Act) transferred to the London Fire Commissioner.

(3) 10Schedule 2—

(a) amends the Greater London Authority Act 1999 in consequence of the
abolition of the London Fire and Emergency Planning Authority,

(b) amends that Act so as to make provision about the London Fire
Commissioner, and

(c) 15makes consequential amendments to other Acts.

10 Transfer of property, rights and liabilities to the London Fire Commissioner

(1) The Secretary of State may make one or more schemes for the transfer of
property, rights and liabilities of the London Fire and Emergency Planning
Authority to the London Fire Commissioner.

(2) 20The things that may be transferred under a transfer scheme include—

(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) criminal liabilities.

(3) 25A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—

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

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

(c) 30make 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 transferred;

(d) make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
35references to the transferee;

(e) if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.

(4) A transfer scheme may provide—

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

(b) 40for any such modifications to have effect from the date when the
original scheme came into effect.

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(5) In 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;

(c) 5TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (SI 2006/246SI 2006/246).

Part 2 Police complaints, discipline and inspection

CHAPTER 1 Police complaints

11 10Local policing bodies: functions in relation to complaints

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after
section 13 insert—

13A Local policing bodies: functions in relation to complaints

(1) The local policing body that maintains a police force may give notice to
15the chief officer of the police force that it (rather than the chief officer)
is to exercise the functions conferred on the chief officer by the
provisions specified in subsection (2) or subsections (2) and (3).

(2) The provisions specified in this subsection are—

(a) paragraph 2(6) to (6D) of Schedule 3, and

(b) 20paragraph 2(9) and (10) of Schedule 3 in so far as relating to a
determination made for the purposes of paragraph 2(6) to (6C)
of that Schedule.

(3) The provisions specified in this subsection are—

(a) section 20, and

(b) 25section 21 in so far as that section relates to complaints.

(4) In relation to any complaint in respect of which the chief officer is the
appropriate authority that is made on or after the day on which a notice
under subsection (1) is given—

(a) the functions of the chief officer to which the notice relates
30become functions of the local policing body,

(b) references to the chief officer, including in the chief officer’s
capacity as an appropriate authority, in the provisions specified
in subsection (2) or (as the case may be) subsections (2) and (3)
are to be read as references to the local policing body, and

(c) 35for the purpose of paragraph 6(1) of Schedule 3, the complaint
is to be treated as having been recorded by the chief officer.

(5) Where the notice under subsection (1) relates to the functions conferred
on the chief officer by the provisions specified in subsections (2) and (3),
subsection (4)(b) does not apply to the references to an appropriate
40authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6) The Secretary of State may by regulations make provision in connection
with the giving of notices under subsection (1) and their withdrawal.