Police Reform and Social Responsibility Bill (HL Bill 77)

(a) for subsection (2)(a) substitute—

“(a) such persons as appear to the Secretary of State to

represent the views of police and crime commissioners;

(aa) the Mayor’s Office for Policing and Crime;

(ab) 5the Common Council”;.

(ab) in subsection (5), for “police authority” substitute “local policing body”.

94 Provision of information by chief officers of police

In the Police Act 1996, for section 44 (reports from chief constables) and section

45 (criminal statistics) substitute—

“44 10Provision of information by chief officers of police

(1) The Secretary of State may require a chief officer of police of any police

force to provide the Secretary of State with information on such matters

as may be specified in the requirement, being matters connected with—

(a) the policing of the police area for which that police force is

15maintained, or

(b) the discharge of the national or international functions of that

police force.

(2) A requirement under subsection (1) may, in particular, specify

information in the form of statistical data, being data connected with—

(a) 20the policing of that police area, or

(b) the discharge of the national or international functions of the

police force for that area.

(3) A requirement under subsection (1) may specify the form in which

information is to be provided.

(4) 25The Secretary of State may require a chief officer to publish, in such

manner as appears to the Secretary of State to be appropriate,

information provided in accordance with a requirement under

subsection (1).

(5) The Secretary of State may cause a consolidated and classified abstract

30of any information in the form of statistical data that is provided in

accordance with subsection (1) to be prepared and laid before

Parliament.”.

95 Regulations about provision of equipment

(1) Section 53 of the Police Act 1996 (regulations as to standard of equipment) is

35amended as follows.

(2) In the title, after “standard” insert “and provision”.

(3) After subsection (1A) insert—

“(1AA) The Secretary of State may, by regulations, make provision about the

arrangements which must be, may be, or must not be, used for the

40provision of equipment for use for police purposes.

(1AA) The regulations may, in particular—

(a) make provision about the nature or terms of such

arrangements, or

(b) prescribe arrangements which may be, or must be, used.”

(4) In subsection (1B), after “subsection (1A)” insert “or (1AA)”.

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

“(a) such persons as appear to the Secretary of State to represent the

5views of police and crime commissioners;

(aa) the Mayor’s Office for Policing and Crime;

(ab) the Common Council;”.

96 National and international functions

(1) Section 96A of the Police Act 1996 (national and international functions of the

10metropolitan police) is amended in accordance with subsections (2) to (6).

(2) In the title, after “police” insert “force and other police forces”.

(3) For subsection (1) substitute—

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

may enter into agreements with respect to the level of performance to

15be achieved by the metropolitan police force in respect of any of its

national or international functions.

(1A) The Secretary of State and the police and crime commissioner that

maintains a police force may enter into agreements with respect to the

level of performance to be achieved by the police force in respect of any

20of its national or international functions.

(1B) The Secretary of State and the Common Council may enter into

agreements with respect to the level of performance to be achieved by

the City of London police force in respect of any of its national or

international functions.”.

(4) 25In subsection (2)—

(a) for “the metropolitan police force” substitute “a police force”;

(b) for “Metropolitan Police Authority” substitute “local policing body”.

(5) In subsection (3), for “The Metropolitan Police Authority” substitute “A local

policing body”.

(6) 30Omit subsection (4).

(7) Omit section 96B of the Police Act 1996 (national and international functions:

application of requirements relating to reports etc).

Police: complaints

97 Police: complaints

35Schedule 14 (police: complaints) has effect.

CHAPTER 8 Miscellaneous provisions

98 Interpretation of Police Act 1996

(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) 5after the definition of “City of London police area” insert—

• ““Common Council” means the Common Council of the
  
  City of London in its capacity as police authority for the
  
  City of London police area;

• “elected local policing body” means—

  (a)

  10a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

• “local policing body” means—

  (a)

  a police and crime commissioner (in relation to a
  
  police area listed in Schedule 1);

  (b)

  15the Mayor’s Office for Policing and Crime (in
  
  relation to the metropolitan police district);

  (c)

  the Common Council (in relation to the City of
  
  London police area);

• “Mayor’s Office for Policing and Crime” means the body
  
  20established under section 4 of the Police Reform and
  
  Social Responsibility Act 2011;”;

(b) after the definition of “metropolitan police district” insert—

• ““national or international functions” means functions
  
  relating to—

  (a)

  25the protection of prominent persons or their
  
  residences,

  (b)

  national security,

  (c)

  counter-terrorism, or

  (d)

  the provision of services for any other national
  
  30or international purpose;

• “police and crime commissioner” means a body
  
  established under section 1 of the Police Reform and
  
  Social Responsibility Act 2011;”;

(c) omit the definition of “police authority”;

(d) 35in the definition of “police force”, for “police authority” substitute

“local policing body”;

(e) in the definition of “police fund”, for paragraph (a) substitute—

• “(a)

  in relation to a police area for which there is an
  
  elected local policing body, the fund kept by that
  
  40body under section 22 of the Police Reform and
  
  Social Responsibility Act 2011;”.

(3) After subsection (2) insert—

“(3) References in this Act to the staff of a police and crime commissioner,

or to the staff of the Mayor’s Office for Policing and Crime, have the

same meaning as in the Police Reform and Social Responsibility Act

2011.”.

99 Amendments of the Interpretation Act 1978

(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is

5amended as follows.

(2) After the entry for “Local land charges register” insert—

• ““Local policing body” has the meaning given by section 101(1)
  
  of the Police Act 1996.”.

(3) After the entry for “Person” insert—

• 10““Police and crime commissioner” means a police and crime
  
  commissioner established under section 1 of the Police
  
  Reform and Social Responsibility Act 2011.”.

(4) In the entry that begins “Police area”, omit “, police authority”;

(5) After the entry that begins “Police Area” insert—

• 15““Police authority”, in relation to Scotland, has the meaning or
  
  effect described by sections 50 and 51(4) of the Police
  
  (Scotland) Act 1967.”.

100 Police reform: transitional provision

Schedule 15 (Police reform: transitional provision) has effect.

101 20Police reform: minor and consequential amendments

Schedule 16 (police reform: minor and consequential amendments) has effect.

102 Guidance

Any guidance under this Part—

(a) must be in writing;

(b) 25may be varied or revoked by further guidance;

(c) may be given to one or more particular persons, or generally;

(d) may make provision generally or in relation to specific cases; and

(e) may make different provision for different cases.

103 Crime and disorder reduction

(1) 30A reference to crime and disorder reduction is a reference to—

(a) reduction of crime and disorder (including anti-social and other

behaviour adversely affecting the local environment),

(b) combating the misuse of drugs, alcohol and other substances, and

(c) reduction of re-offending.

(2) 35In this section “anti-social behaviour” means behaviour by a person which

causes or is likely to cause harassment, alarm or distress to one or more other

persons not of the same household as the person.

(3) This section applies for the purposes of this Part.

104 Interpretation of Part 1

(1) In this Part (unless otherwise specified)—

• “chief executive” means—

  (a)

  in relation to a police and crime commissioner, the chief
  
  5executive appointed by the commissioner under Schedule 1;

  (b)

  in relation to the Mayor’s Office for Policing and Crime, the
  
  chief executive appointed by the Office under Schedule 3;

• “chief finance officer” means—

  (a)

  in relation to a police and crime commissioner, the chief finance
  
  10officer appointed by the commissioner under Schedule 1;

  (b)

  in relation to the chief constable of a police force to which
  
  Chapter 1 applies, the chief finance officer appointed by the
  
  chief constable under Schedule 2;

  (c)

  in relation to the Mayor’s Office for Policing and Crime, the
  
  15chief finance officer appointed by the Office under Schedule 3;

  (d)

  in relation to the Commissioner of Police of the Metropolis, the
  
  chief finance officer appointed by the Commissioner under
  
  Schedule 4;

• “chief officer of police” means—

  (a)

  20in relation to a police force maintained under section 2 of the
  
  Police Act 1996, the chief constable of that force;

  (b)

  in relation to the metropolitan police force, the Commissioner of
  
  Police of the Metropolis;

• “crime and disorder reduction” has the meaning given in section 103;

• 25“elected local policing body” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act
  
  1996, the police and crime commissioner for the area;

  (b)

  in relation to the metropolitan police district, the Mayor’s Office
  
  for Policing and Crime;

• 30“national or international functions” means functions relating to—

  (a)

  the protection of prominent persons or their residences,

  (b)

  national security,

  (c)

  counter-terrorism, or

  (d)

  the provision of services for any other national or international
  
  35purpose;

• “police and crime panel” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act
  
  1996, the police and crime panel referred to in subsection (1) of
  
  section 29;

  (b)

  40in relation to the metropolitan police district, the committee
  
  established under section 33;

• “police and crime plan” has the meaning given in section 8;

• “police area” means—

  (a)

  a police area listed in Schedule 1 to the Police Act 1996 (police
  
  45areas outside London), and

  (b)

  the metropolitan police district;

• “relevant chief officer of police”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  Police Reform and Social Responsibility BillPage 65

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the chief officer of police of the police force for that area;

• “relevant elected local policing body”, in relation to—

  (a)

  5a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the police and crime panel for a police area,

  means the elected local policing body for that area;

• 10“relevant police and crime panel”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the elected local policing body for a police area,

  15means the police and crime panel for that area;

• “relevant police force”, in relation to—

  (a)

  a police area,

  (b)

  a chief officer of police of the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  20the police and crime panel for a police area,

  means the police force for that area.

(2) References in this Part to a police and crime commissioner’s area are references

to the police area for which the commissioner is established.

(3) References in this Part to a police and crime commissioner’s staff are references

25to the following persons appointed under Schedule 1—

(a) the commissioner’s chief executive;

(b) the commissioner’s chief finance officer; and

(c) other staff.

(4) References in this Part to a police force’s civilian staff are (except in the case of

30the metropolitan police force) references to—

(a) the chief finance officer appointed by the chief constable of the force

under paragraph 4 of Schedule 2, and

(b)

the other staff appointed by that chief constable under that Schedule.

(5) References in this Part to the staff of the Mayor’s Office for Policing and Crime

35are references to—

(a) the Office’s chief finance officer appointed under section 127(2) of the

Greater London Authority Act 1999;

(b) the Office’s chief executive appointed under Schedule 3

(c) other staff appointed under Schedule 3; and

(d) 40the person (if any) appointed under section 20 as the Deputy Mayor for

Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy

Mayor an Assembly member)).

(6) References in this Part to the metropolitan police force’s civilian staff are

references to—

(a) 45the chief finance officer appointed by the Commissioner of Police of the

Metropolis under paragraph 1 of Schedule 4, and

(b)

the other staff appointed by the Commissioner under that Schedule.

Part 2 Licensing

CHAPTER 1 Amendments of the Licensing Act 2003

Responsible authorities

105 5Licensing authorities as responsible authorities

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 13(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) the relevant licensing authority and any other licensing

10authority in whose area part of the premises is

situated,”, and

(b) omit paragraph (g).

(3) In section 69(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) 15the relevant licensing authority and any other licensing

authority in whose area part of the premises is

situated,”, and

(b) omit paragraph (g).

(4) The amendments made by this section apply in relation to—

(a) 20applications relating to premises licences or club premises certificates

that are made on or after the commencement of this section, and

(b) notices under section 165(4) of the Licensing Act 2003 (closure orders)

that are received by a licensing authority on or after the commencement

of this section.

106 25Primary Care Trusts and Local Health Boards as responsible authorities

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) In section 5(3) (statement of licensing policy), after paragraph (b) insert—

“(ba) each Primary Care Trust or Local Health Board for an area any

part of which is in the licensing authority’s area,”.

(3) 30In section 13(4) (authorised persons, interested parties and responsible

authorities), after paragraph (b) insert—

“(ba) the Primary Care Trust or Local Health Board for any area in

which the premises are situated,”.

(4) In section 69(4) (authorised persons, interested parties and responsible

35authorities), after paragraph (b) insert—

“(ba) the Primary Care Trust or Local Health Board for any area in

which the premises are situated,”.

(5) The amendments made by this section apply in relation to—

(a) applications relating to premises licences or club premises certificates

that are made on or after the commencement of this section, and

(b) notices under section 165(4) of the Licensing Act 2003 (closure orders)

that are received by a licensing authority on or after that

5commencement.

Removing the vicinity test

107 Premises licences: who may make relevant representations

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (9).

(2) In section 13 (authorised persons, interested parties and responsible

10authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit ““interested party”,”, and

(c) omit subsection (3).

(3) In section 17(5) (application for premises licence)—

(a) 15in paragraph (a)(ii), for “interested parties” substitute “persons who

live, or are involved in a business, in the relevant licensing authority’s

area and who are”,

(b) after paragraph (a) insert—

“(aa) require the relevant licensing authority to advertise the

20application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to

bring the application to the attention of the

persons who are likely to be affected by it; and”,

25and”

(c) in paragraph (c), for “interested parties and responsible authorities”

substitute “responsible authorities and other persons”.

(4) In section 18(7) (determination of application for premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority”

30substitute “a responsible authority or other person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible

authority)” substitute “a person who is not a responsible authority”.

(5) In section 31(6) (determination of application for provisional statement)—

(a) in paragraph (a), for “an interested party or responsible authority”

35substitute “a responsible authority or other person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible

authority)” substitute “a person who is not a responsible authority”.

(6) In section 35(6) (determination of application to vary premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority”

40substitute “a responsible authority or other person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible

authority)” substitute “a person who is not a responsible authority”.

(7) In section 41B(2)(b)(ii) (determination of application for minor variation of

premises licence), for “an interested party” substitute “any other person”.

(8) In section 41D(6) (variation of premises licence: supply of alcohol from

community premises), for paragraph (b) substitute—

“(b) subsection (6)(c) were omitted.”.

(9) In section 194 (index of defined expressions), omit the entry for the expression

5“interested party, in Part 3”.

(10) In section 33 of the Policing and Crime Act 2009 (individual members of

licensing authorities to be interested parties), omit subsection (1).

(11) The amendments made by this section apply in relation to applications relating

to premises licences that are made on or after the commencement of this

10section.

108 Premises licences: who may apply for review

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) In section 51 (application for review of premises licences)—

(a) in subsection (1), for “an interested party or a responsible authority”

15substitute “a responsible authority or any other person”, and

(b) in subsection (3)—

(i) in paragraph (b), for “interested parties and responsible

authorities” substitute “responsible authorities and other

persons”, and

(ii) 20in paragraph (c), for “interested party” substitute “other

person”.

(3) In section 52(8) (determination of application for review of premises licence)—

(a) in paragraph (a)(i), for “an interested party” substitute “any other

person”, and

(b) 25in paragraph (c), for “an interested party (who is not also a responsible

authority)” substitute “a person who is not a responsible authority”.

(4) In section 53A(3) (summary reviews on application of senior police officer)—

(a) in paragraph (c), for “interested parties” substitute “other persons”, and

(b) in paragraph (e), for “interested party” substitute “other person”.

(5) 30In section 53C(8) (review of premises licence following summary review

notice)—

(a) in paragraph (a), for “an interested party” substitute “any other

person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible

35authority)” substitute “a person who is not a responsible authority”.

(6) In section 167 (review of premises licence following closure order)—

(a) in subsection (4)(b), for “interested parties” substitute “other persons”,

(b) in subsection (4)(c), for “interested party” substitute “other person”,

(c) in subsection (10)(a), for “an interested party” substitute “any other

40person”,

(d) in subsection (10)(c), for “an interested party (who is not also a

responsible authority)” substitute “a person who is not a responsible

authority”, and