Police Reform and Social Responsibility Bill (HL Bill 77)

CHAPTER 7 Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities

80 The strategic policing requirement

(1) For section 37A of the Police Act 1996 (setting of strategic priorities for police

5authorities), substitute—

“37A The strategic policing requirement

(1) The Secretary of State must, from time to time, issue a document (the

“strategic policing requirement”) which sets out what, in the Secretary

of State’s view, are—

(a) 10national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those

national threats.

(2) A chief officer of police must, in exercising the functions of chief officer,

have regard to the strategic policing requirement.

(3) 15Before issuing the strategic policing requirement, the Secretary of

State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to

represent the views of chief officers of police, and

(ii) 20such persons as appear to the Secretary of State to

represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks

fit.

(4) The strategic policing requirement need not set out a national threat (in

25particular) if, in the Secretary of State’s view, countering the threat

would involve police forces other than England and Wales police forces

(and only those other police forces).

(5) References in this section to national policing capabilities to counter a

threat are references to the ability of all England and Wales police

30forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways

to counter that threat, or

(c) to exercise one or more functions in accordance with common

35operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  40the City of London police force;

• “national threat” means a threat (whether actual or prospective)
  
  which is—

  Police Reform and Social Responsibility BillPage 50

  (a)

  a threat to national security, public safety, public order
  
  or public confidence that is of such gravity as to be of
  
  national importance, or

  (b)

  a threat which can be countered effectively or efficiently
  
  5only by national policing capabilities to counter the
  
  threat.”.

Duties and powers of Secretary of State

81 General duty of Secretary of State

The Secretary of State must exercise the powers conferred by this Part in such

10manner and to such extent as appears to the Secretary of State to be best

calculated to promote the efficiency and effectiveness of the police.

82 Obtaining advice from representative bodies

(1) The Secretary of State may, in connection with the exercise by the Secretary of

State of any function relating to the police or policing, require a representative

15body to give the Secretary of State advice on any matter.

(2) A requirement under subsection (1) may specify the period within which the

advice is to be given.

(3) A representative body must comply with a requirement under subsection (1).

(4) In a case where—

(a) 20the Secretary of State makes such a request, and

(b) the representative body gives the advice (and, where applicable, does

so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that

function.

(5) 25In this section “representative body” means any body which appears to the

Secretary of State to represent the professional views of members of one or

more police forces.

83 Abolition of certain powers of Secretary of State

In the Police Act 1996, omit—

(a) 30section 38 (performance targets for police strategic priorities);

(b) section 39 (codes of practice for police authorities);

(c) section 43 (reports from police authorities to Secretary of State).

84 Suspension and removal of senior police officers

(1) The Police Act 1996 is amended as follows.

(2) 35Section 42 (removal of chief constables etc) is amended in accordance with

subsections (3) to (11).

(3) For the title substitute “Metropolitan police: suspension or removal of

Commissioner or Deputy Commissioner”.

(4) For subsections (1) to (1B) substitute—

“(1) The Secretary of State may require the Mayor’s Office for Policing and

Crime to exercise the power under section 49 of the Police Reform and

Social Responsibility Act 2011 (the “2011 Act”) to call upon the

5Commissioner of Police of the Metropolis, or the Deputy

Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor’s Office for Policing

and Crime to exercise the power under section 49 of the 2011 Act to

suspend the Commissioner of Police of the Metropolis, or the Deputy

10Commissioner of Police of the Metropolis, if the Secretary of State

considers that it is necessary for the maintenance of public confidence

in the metropolitan police force for that police officer to be suspended.”.

(5) In subsection (2), for the words before paragraph (a) substitute—

“(2) Before requiring the Mayor’s Office for Policing and Crime to exercise

15its power to call upon the Commissioner of Police of the Metropolis, or

the Deputy Commissioner of Police of the Metropolis, to retire or

resign, the Secretary of State shall—”.

(6) In subsection (2A), for the words from “notice” (in the second place) to the end

substitute “notice to the Mayor’s Office for Policing and Crime.”.

(7) 20In subsection (3A)—

(a) in paragraph (a), for the words from “, Deputy” to “question” substitute

“or Deputy Commissioner”;

(b) in paragraph (b), for the words from “Metropolitan” to “concerned”

substitute “Mayor’s Office for Policing and Crime”.

(8) 25In subsection (3B), for the words from “, Deputy” to “question” substitute “or

Deputy Commissioner”.

(9) In subsection (4), for the words from “, the Deputy” to “constable” substitute

“or Deputy Commissioner”.

(10) For subsection (4A) substitute—

“(4A) 30If the Secretary of State exercises the power conferred by subsection (1)

to require the Mayor’s Office for Policing and Crime to call upon the

Commissioner to retire or resign—

(a) the requirement of section 49(1) of the 2011 Act to obtain the

Secretary of State’s consent does not apply, and

(b) 35section 49(5) of the 2011 Act does not apply.”.

(11) Omit subsection (4C).

(12) In section 50 (regulations for police forces), after subsection (2) insert—

“(2A) Without prejudice to the generality of subsection (1) or (2), regulations

under this section may make provision with respect to the procedures

40to be followed by police and crime commissioners, or the Mayor’s

Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) powers of removal,

(whether, in the case of the Mayor’s Office for Policing and Crime, on

their own initiative or in compliance with a requirement imposed by

the Secretary of State).

(2B) In subsection (2A)—

• 5“power of removal” means—

  (a)

  the power conferred on police and crime commissioners
  
  by section 39(3) of the 2011 Act to require chief
  
  constables to retire or resign;

  (b)

  the power conferred on the Mayor’s Office for Policing
  
  10and Crime by section 49(3) of the 2011 Act to require the
  
  Commissioner or Deputy Commissioner of Police of the
  
  Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners
  
  15by section 39(2) of the 2011 Act to suspend chief
  
  constables;

  (b)

  the power conferred on the Mayor’s Office for Policing
  
  and Crime by section 49(1) of the 2011 Act to suspend
  
  the Commissioner or Deputy Commissioner of Police of
  
  20the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social

Responsibility Act 2011.”.

Her Majesty’s inspectors of constabulary

85 Functions of HMIC

(1) 25Section 54 of the Police Act 1996 (appointment and functions of inspectors of

constabulary) is amended as follows.

(2) In subsection (2) omit “to the Secretary of State”.

(3) Omit subsection (2A).

(4) After subsection (2B) insert—

“(2BA) 30The local policing body for a police area may at any time request the

inspectors of constabulary to carry out an inspection under this section

of a police force maintained for that police area; and a request under

this subsection may include a request for the inspection to be confined

to a particular part of the force in question, to particular matters or to

35particular activities of that force.

(2BB) Where a local policing body requests the inspectors to carry out an

inspection under subsection (2BA), the body must pay to the inspectors

such reasonable costs incurred or to be incurred in connection with the

inspection as the inspectors may require.”.

(5) 40Omit subsection (2C).

(6) In subsection (4)—

(a) for “in such form as the Secretary of State may direct” substitute “on the

carrying out of inspections under this section”, and

(b) for “Secretary of State” (in the third place) substitute “chief inspector”.

(7) After subsection (4) insert—

“(4A) A report under subsection (4) must include the chief inspector’s

assessment of the efficiency and effectiveness of policing in England

and Wales for the year in respect of which the report is prepared.”.

86 5HMIC reports: publication

(1) Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

(2) For subsection (1) substitute—

“(1) The inspectors of constabulary must arrange for any report prepared

under section 54 to be published in such manner as appears to the

10inspectors to be appropriate.”.

(3) For subsection (2) substitute—

“(2) But the inspectors of constabulary must exclude from publication

under subsection (1) anything that the inspectors consider—

(a) would be against the interests of national security, or

(b) 15might jeopardise the safety of any person.

(2A) The inspectors must disclose to the Secretary of State anything

excluded from publication by virtue of subsection (2).”.

(4) For subsection (3) substitute—

“(3) The inspectors of constabulary must send a copy of the published

20report to—

(a) the Secretary of State,

(b) the local policing body maintaining the police force to which the

report relates,

(c) the chief officer of police of that police force, and

(d) 25any police and crime panel established under section 29 of the

Police Reform and Social Responsibility Act 2011 for the police

area of that police force.”.

(5) In subsection (4)—

(a) for “police authority” substitute “local policing body”, and

(b) 30for “authority” substitute “body”.

(6) In subsection (5)—

(a) for “police authority” substitute “local policing body”, and

(b) in paragraph (c) and in the words following that paragraph, for

“authority” substitute “body”.

(7) 35In subsection (6) for “police authority” substitute “local policing body”.

(8) Omit subsection (8).

87 Inspection programmes and frameworks

(1) Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about

HMIC) is amended as follows.

(2) In sub-paragraph (1) omit “, or at such times as the Secretary of State may

specify by order,”.

(3) In sub-paragraph (2) for “each of those persons or bodies” substitute “the

Secretary of State”.

(4) 5After sub-paragraph (2) insert—

“(2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or

inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be

10published in such manner as the chief inspector thinks

appropriate, and

(c) send a copy of each such programme or framework to each of

the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the

15Secretary of State to the inspection programme or framework in

question before acting under sub-paragraph (2A).”.

(5) In sub-paragraph (3)—

(a) before “to send” insert “under sub-paragraph (2A)(c)”, and

(b) for “that sub-paragraph” substitute “sub-paragraph (2)”.

(6) 20Omit sub-paragraph (4).

(7) Before sub-paragraph (5) insert—

“(4A) The Secretary of State may by order specify matters to which the

chief inspector of constabulary must have regard in preparing an

inspection programme or an inspection framework.

(4B) 25Those matters may (in particular) include the need to secure, so far

as possible, the following objectives—

(a) that any requirements placed on police forces as a result of

inspections carried out under section 54 are not unduly

burdensome; and

(b) 30that inspections under that section can be carried out

promptly in response to matters that raise issues of national

importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may

issue guidance as to the matters that raise issues of national

35importance in relation to the police; and the chief inspector of

constabulary must have regard to any such guidance in preparing an

inspection programme or an inspection framework.”.

88 Powers in connection with HMIC inspections

(1) In Schedule 4A to the Police Act 1996 (further provision about HMIC), after

40paragraph 6 insert—

“Powers of inspectors regarding information etc

6A (1) The chief officer of police of a police force must—

(a) provide to an inspector such information and documents

specified or described in a notification given by the inspector

to that chief officer, and

(b) produce or deliver up to the inspector all such evidence and

5other things so specified or described,

as appear to the inspector to be required for the purposes of an

inspection under section 54.

(2) A notification under sub-paragraph (1) requiring any information or

documents to be provided may authorise or require that they be

10provided electronically.

(3) Anything that a chief officer is obliged to provide, produce or deliver

up by virtue of a requirement imposed under sub-paragraph (1)

must be provided, produced or delivered up in such form and

manner, and within such period, as may be specified—

(a) 15in the notification imposing the requirement, or

(b) in any subsequent notification given by the inspector to the

chief officer.

(4) Nothing in this paragraph requires a chief officer—

(a) to comply with an obligation imposed under sub-paragraph

20(1) before the earliest time at which it is practicable to do so,

or

(b) to comply at all with any such obligation if it never becomes

practicable to do so.

(5) In this paragraph—

• 25“document” means anything in which information of any
  
  description is recorded, and

• “inspector” means—

  (a)

  an inspector of constabulary, or

  (b)

  a person appointed under section 56 as an assistant
  
  30inspector of constabulary or staff officer to the
  
  inspectors of constabulary.

Powers of inspectors regarding access to police premises

6B (1) Sub-paragraph (2) applies if—

(a) an inspector requires the chief officer of police of a police

35force to allow the inspector to have access to any premises

occupied for the purposes of that force and to documents and

other things on those premises, and

(b) the requirement is imposed for the purposes of an inspection

under section 54.

(2) 40The chief officer must secure that the required access is allowed to

the inspector.

(3) Where there are reasonable grounds for not allowing the inspector to

have the required access at the time at which the inspector seeks to

have it, the obligation under sub-paragraph (2) has effect as an

45obligation to secure that the required access is allowed to the

inspector at the earliest practicable time specified by the inspector

after there cease to be any such grounds.

(4) In this paragraph “document” and “inspector” have the same

meanings as in paragraph 6A.”.

89 HMIC and freedom of information

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

5bodies and offices: general), at the appropriate place insert—

“The chief inspector of constabulary appointed under section 54(1) of the Police

Act 1996.”.

Community safety partnerships

90 Crime and disorder strategies

10Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and

Disorder Act 1998 in relation to the formulation and implementation of crime

and disorder strategies) has effect.

Policing in England and Wales

91 Collaboration agreements

(1) 15The Police Act 1996 is amended in accordance with subsections (2) and (3).

(2) After section 22 insert—

“22A Collaboration agreements

(1) A collaboration agreement may be made by—

(a) two or more policing bodies; or

(b) 20the chief officers of police of one or more police forces and two

or more policing bodies.

(2) A collaboration agreement is an agreement containing one or more of

the following—

(a) provision about the discharge of functions of members of a

25police force (“force collaboration provision”);

(b) provision about support by a policing body for another policing

body (“policing body collaboration provision”);

(c) provision about support by a policing body for the police force

which another policing body is responsible for maintaining

30(“policing body & force collaboration provision”).

(3) A collaboration agreement may not contain force collaboration

provision unless the parties to the agreement consist of, or include,—

(a) the chief officer of police of each police force to which the

provision relates, and

(b) 35the policing body that is responsible for maintaining each such

police force.

(4) A collaboration agreement may not contain policing body collaboration

provision unless the parties to the agreement consist of, or include, each

policing body to which the provision relates.

(5) A collaboration agreement may not contain policing body & force

collaboration provision unless the parties to the agreement consist of,

or include—

(a) the policing body, or each policing body, to which the provision

5relates;

(b) the chief officer of police of the police force, or each police force,

to which the provision relates; and

(c) the policing body that is responsible for maintaining each such

police force.

(6) 10Subsection (1) does not prevent other persons from being parties to

collaboration agreements.

(7) Subsection (2) does not prevent a collaboration agreement from

including other kinds of provision.

(8) For the purposes of subsections (3) and (5), the circumstances in which

15force collaboration provision, or policing body & force collaboration

provision, is to be taken to relate to a police force include the cases

where provision relates—

(a) to functions of a kind which are or may be exercisable by

members of that police force, or

(b) 20to the police area for which that police force is established.

(9) For the purposes of subsections (4) and (5), the circumstances in which

policing body collaboration provision, or policing body & force

collaboration provision, is to be taken to relate to a policing body

include the cases where provision relates—

(a) 25to functions of a kind which are or may be exercisable by that

policing body or members of the staff of that body, or

(b) to the police area for which that policing body is established.

22B Duty of chief officers to keep collaboration agreements under review

(1) The chief officer of police of a police force must keep under

30consideration the ways in which the collaboration functions could be

exercised by the chief officer and by one or more other persons to

improve the efficiency or effectiveness of—

(a) that police force, and

(b) one or more other police forces.

(2) 35If the chief officer considers that there is a particular way in which the

collaboration functions could be so exercised by the chief officer and by

one or more other particular persons (“the proposed collaboration”),

the chief officer must notify those other persons (the “proposed

partners”) of the proposed collaboration.

(3) 40The chief officer, and the proposed partners notified under subsection

(2) (the “notified proposed partners”), must consider whether to

exercise the collaboration functions to give effect to the proposed

collaboration.

(4) In considering whether to so exercise the collaboration functions, the

45chief officer and the notified proposed partners must consider whether

the proposed collaboration would be in the interests of the efficiency or

effectiveness of one or more police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the chief officer, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration

5would be in the interests of the efficiency or effectiveness of one or

more police forces (if the agreeing parties were to exercise the

collaboration functions to give effect to the proposed collaboration, or

to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to

10give effect to the proposed collaboration or to give effect to it so far as

it relates to them.

(7) In this section “collaboration functions” means functions of chief

officers of police or policing bodies under any of sections 22A to 23I

(apart from this section).

22C 15Duty of policing bodies to keep collaboration agreements under

review

(1) A policing body must keep under consideration the ways in which the

collaboration functions could be exercised by the policing body and by

one or more other persons to improve—

(a) 20the efficiency or effectiveness of—

(i) that policing body,