Police Reform and Social Responsibility Bill (HL Bill 77)

Part 1 Police reform

CHAPTER 1 Police areas outside London

1 Police and crime commissioners

(1) 5A police and crime commissioner has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention

conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(2) 10The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and

(b) secure that the police force is efficient and effective.

(3) The police and crime commissioner for a police area must hold the relevant

chief constable to account for the exercise of—

(a) the functions of the chief constable, and

(b) 5the functions of persons under the direction and control of the chief

constable.

(4) The police and crime commissioner must, in particular, hold the chief

constable to account for—

(a) the exercise of the duty under section 9(2) (duty to have regard to police

10and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996

(duty to have regard to strategic policing requirement);

(c) the exercise of the duty under section 39A(7) of the Police Act 1996

(duty to have regard to codes of practice issued by Secretary of State);

(d) 15the effectiveness and efficiency of the chief constable’s arrangements

for co-operating with other persons in the exercise of the chief

constable’s functions (whether under section 22A of the Police Act 1996

or otherwise);

(e) the effectiveness and efficiency of the chief constable’s arrangements

20under section 35 (engagement with local people);

(f) the extent to which the chief constable has complied with section 36

(value for money);

(g) the exercise of duties relating to equality and diversity that are imposed

on the chief constable by any enactment.

(5) 25The police authorities established for police areas under section 3 of the Police

Act 1996 are abolished.

(6) Schedule 1 (police and crime commissioners) has effect.

2 Police Commission

(1) There shall be a body corporate for each police area listed in Schedule 1 to the

30Police Act 1996 to be known as a “Police Commission”.

(2) A Police Commission shall consist of—

(a) a police and crime commissioner, and

(b) a police and crime panel.

(3) The police and crime commissioner shall be appointed by the police and crime

35panel (from amongst its own members).

3 Chief constables

(1) Each police force is to have a chief constable.

(2) The chief constable of a police force is to be appointed, and hold office, in

accordance with—

(a) 40section 39, and

(b) the terms and conditions of the appointment.

(3) A police force, and the civilian staff of a police force, are under the direction

and control of the chief constable of the force.

(4) A chief constable has the other functions conferred by this Act and by other

enactments.

(5) A chief constable must exercise the power of direction and control conferred by

subsection (3) in such a way as is reasonable to assist the relevant police and

5crime commissioner to exercise the commissioner’s functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement

(see section 22A of the Police Act 1996).

(7) Schedule 2 (chief constables) has effect.

(8) In this section “police force” means the police force for a police area listed in

10Schedule 1 to the Police Act 1996 (see section 2 of that Act).

CHAPTER 2 Metropolitan police district

4 Mayor’s Office for Policing and Crime

(1) There is to be a body with the name “The Mayor’s Office for Policing and

Crime” for the metropolitan police district.

(2) 15The Mayor’s Office for Policing and Crime is a corporation sole.

(3) The person who is Mayor of London for the time being is to be the occupant for

the time being of the Mayor’s Office for Policing and Crime.

(4) Accordingly, where a person is the occupant of the Mayor’s Office for Policing

and Crime by virtue of a particular term of office as Mayor of London (the

20“relevant mayoral term”), the person’s term as the occupant of the Mayor’s

Office for Policing and Crime—

(a) begins at the same time as the relevant mayoral term, and

(b) ends at the same time as the relevant mayoral term.

(5) The Mayor’s Office for Policing and Crime has—

(a) 25the functions conferred by this section,

(b) the functions relating to community safety and crime prevention

conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(6) The Mayor’s Office for Policing and Crime must—

(a) 30secure the maintenance of the metropolitan police force, and

(b) secure that the metropolitan police force is efficient and effective.

(7) The Mayor’s Office for Policing and Crime must hold the Commissioner of

Police of the Metropolis to account for the exercise of—

(a) the functions of the Commissioner, and

(b) 35the functions of persons under the direction and control of the

Commissioner.

(8) The Mayor’s Office for Policing and Crime must, in particular, hold the

Commissioner to account for—

(a) the exercise of the duty imposed by section 9(4) (duty to have regard to

40police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996

(duty to have regard to the strategic policing requirement);

(c) the exercise of the duty imposed by section 39A(7) of the Police Act

1996 (duty to have regard to codes of practice issued by Secretary of

5State);

(d) the effectiveness and efficiency of the Commissioner’s arrangements

for co-operating with other persons in the exercise of the

Commissioner’s functions (whether under section 22A of the Police Act

1996 or otherwise);

(e) 10the effectiveness and efficiency of the Commissioner’s arrangements

under section 35 (engagement with local people);

(f) the extent to which the Commissioner has complied with section 36

(value for money);

(g) the exercise of duties relating to equality and diversity imposed on the

15Commissioner by any enactment.

(9) In section 424 of the Greater London Authority Act 1999 (interpretation), in

subsection (1), in the definition of “functional body”, for paragraph (c)

substitute—

“(c) the Mayor’s Office for Policing and Crime; or”.

(10) 20In this section, references to the Mayor of London include references to a

person who is, by virtue of Schedule 4 to the Greater London Authority Act

1999 (exercise of functions of Mayor during vacancy or incapacity), treated as

if the person were the Mayor of London.

(11) Where such a person is the occupant for the time being of the Mayor’s Office

25for Policing and Crime, references in this section to the relevant mayoral term

are references to the period for which the person is treated as if the person were

the Mayor of London.

(12) The Metropolitan Police Authority is abolished.

(13) Schedule 3 (Mayor’s Office for Policing and Crime) has effect.

5 30Commissioner of Police of the Metropolis

(1) There is to be a corporation sole with the name “the Commissioner of Police of

the Metropolis”.

(2) The Commissioner of Police of the Metropolis is to be appointed, and hold

office, in accordance with—

(a) 35sections 43 and 49, and

(b) the terms and conditions of the appointment.

(3) The metropolitan police force, and the civilian staff of the metropolitan police

force, are under the direction and control of the Commissioner of Police of the

Metropolis.

(4) 40The Commissioner of Police of the Metropolis has the other functions

conferred by this Act and by other enactments.

(5) The Commissioner of Police of the Metropolis must exercise the power of

direction and control conferred by subsection (3) in such a way as is reasonable

to assist the Mayor’s Office for Policing and Crime to exercise that Office’s

45functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement

(see section 22A of the Police Act 1996).

(7) Schedule 4 (Commissioner of Police of the Metropolis) has effect.

CHAPTER 3 Functions of elected local policing bodies etc

5Community safety and crime prevention

6 Police and crime commissioners to issue police and crime plans

(1) The police and crime commissioner for a police area must issue a police and

crime plan within the financial year in which each ordinary election is held.

(2) A police and crime commissioner must comply with the duty under subsection

10(1) as soon as practicable after the commissioner takes office.

(3) A police and crime commissioner may, at any time, issue a police and crime

plan.

(4) A police and crime commissioner may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, a police and crime commissioner

15must have regard to the strategic policing requirement issued by the Secretary

of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, a police and crime

commissioner must—

(a) prepare a draft of the plan or variation,

(b) 20consult the relevant chief constable in preparing the draft plan or

variation,

(c) send the draft plan or variation to the relevant police and crime panel,

(d) have regard to any report or recommendations made by the panel in

relation to the draft plan or variation (see section 29(2)),

(e) 25give the panel a response to any such report or recommendations, and

(f) publish any such response.

(7) In complying with subsection (6)(c), the police and crime commissioner must

ensure that the relevant police and crime panel has a reasonable amount of

time to exercise its functions under section 29(2).

(8) 30A police and crime commissioner must consult the relevant chief constable

before issuing or varying a police and crime plan if, and to the extent that, the

plan or variation is different from the draft prepared in accordance with

subsection (6).

(9) A police and crime commissioner must—

(a) 35keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of—

(i) any report or recommendations made to the commissioner by

the relevant police and crime panel under section 29(3), and

(ii) any changes in the strategic policing requirement issued by the

40Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) A police and crime commissioner who issues or varies a police and crime plan

must—

(a) send a copy of the issued plan, or the variation, to the relevant chief

5constable, and

(b) publish a copy of the issued plan, or the variation.

(11) The duty under subsection (10) to send or publish a copy of the variation may

instead be satisfied by sending or publishing a copy of the plan as varied.

(12) It is for the commissioner to determine the manner in which—

(a) 10a response to a report or recommendations is to be published in

accordance with subsection (6)(f), and

(b) a copy of the plan or variation is to be published in accordance with

subsection (10)(b).

(13) In this section—

• 15“financial year” means the financial year of the police and crime
  
  commissioner;

• “ordinary election”, in relation to the police and crime commissioner for a
  
  police area, means an election held under section 51 in relation to that
  
  area.

7 20Mayor’s Office for Policing and Crime to issue police and crime plans

(1) The Mayor’s Office for Policing and Crime must issue a police and crime plan

within the financial year in which each ordinary election is held.

(2) The Mayor’s Office for Policing and Crime must comply with the duty under

subsection (1) as soon as practicable after the person elected in the ordinary

25election takes office.

(3) The Mayor’s Office for Policing and Crime may, at any time, issue a police and

crime plan.

(4) The Mayor’s Office for Policing and Crime may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, the Mayor’s Office for Policing

30and Crime must have regard to the strategic policing requirement issued by the

Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, the Mayor’s Office for

Policing and Crime must—

(a) prepare a draft of the plan or variation,

(b) 35consult the Commissioner of Police of the Metropolis in preparing the

draft plan or variation,

(c) send the draft plan or variation to the police and crime panel of the

London Assembly (see section 33), and

(d) have regard to any report or recommendations made by the panel in

40relation to the draft plan or variation (see section 34(1)).

(7) In complying with subsection (6)(c), the Mayor’s Office for Policing and Crime

must ensure that the police and crime panel has a reasonable amount of time

to exercise its functions under section 34(1).

(8) The Mayor’s Office for Policing and Crime must consult the Commissioner of

Police of the Metropolis before issuing or varying a police and crime plan if,

and to the extent that, the plan or variation is different from the draft prepared

in accordance with subsection (6).

(9) 5The Mayor’s Office for Policing and Crime must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of any

changes in the strategic policing requirement issued by the Secretary of

State under section 37A of the Police Act 1996;

10and exercise the powers under subsection (3) or (4) accordingly.

(10) The provisions of the 1999 Act set out in subsection (11) apply to the Mayor’s

Office for Policing and Crime and police and crime plans as the provisions

apply to the Mayor of London and the relevant mayoral strategies.

(11) Those provisions of the 1999 Act are—

(a) 15section 33(1)(b) and (c) (equality of opportunity);

(b) section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12)

(general duties in preparing and revising strategies);

(c) section 42(1) and (6) (consultation);

(d) section 42A (apart from subsection (2)) (consultation: supplementary

20provision);

(e) section 43 (publicity and availability of strategies);

(f) section 44 (directions by the Secretary of State).

(12) Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as

if the police and crime plan were a strategy listed in section 41(1) of the 1999

25Act.

(13) The Mayor of London and the Mayor’s Office for Policing and Crime must co-

operate with each other in exercising their respective functions under section

41(5)(b) of the 1999 Act.

(14) In this section—

• 30“1999 Act” means the Greater London Authority Act 1999;

• “financial year” means the financial year of the Mayor’s Office for Policing
  
  and Crime;

• “ordinary election” means an election of the Mayor of London held under
  
  section 3 of the 1999 Act;

• 35“relevant mayoral strategy”, in relation to a provision set out in subsection
  
  (11), means a strategy to which the provision applies.

8 Police and crime plans

(1) A police and crime plan is a plan which sets out, in relation to the planning

period, the following matters—

(a) 40the elected local policing body’s police and crime objectives;

(b) the policing of the police area which the chief officer of police is to

provide;

(c) the financial and other resources which the elected local policing body

is to provide to the chief officer of police for the chief officer to exercise

45the functions of chief officer;

(d) the means by which the chief officer of police will report to the elected

local policing body on the chief officer’s provision of policing;

(e) the means by which the chief officer of police’s performance in

providing policing will be measured;

(f) 5the crime and disorder reduction grants which the elected local

policing body is to make, and the conditions (if any) to which such

grants are to be made.

(2) The elected local policing body’s police and crime objectives are the body’s

objectives for—

(a) 10the policing of the body’s area,

(b) crime and disorder reduction in that area, and

(c) the discharge by the relevant police force of its national or international

functions.

(3) A police and crime plan has effect from the start of the planning period until—

(a) 15the end of that planning period, or

(b) if another police and crime plan is issued in relation to the elected local

policing body’s area before the end of that planning period, the day

when that other plan first has effect.

(4) The Secretary of State may give guidance to elected local policing bodies about

20the matters to be dealt with in police and crime plans.

(5) An elected local policing body must have regard to such guidance.

(6) Before giving guidance under subsection (4) the Secretary of State must

consult—

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

25of police and crime commissioners,

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

(c) such persons as appear to the Secretary of State to represent the views

of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

(7) 30In this section, in relation to a police and crime plan—

• “financial year” means the financial year of the elected local policing
  
  body;

• “ordinary election”—

  (a)

  in relation to a police and crime commissioner, has the meaning
  
  35given in section 6;

  (b)

  in relation to the Mayor’s Office for Policing and Crime, has the
  
  meaning given in section 7;

• “planning period”, in relation to a police and crime plan, is the period
  
  that—

  (a)

  40begins with—

  (i)

  the day on which the plan is issued, or

  (i) if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and

  (b)

  ends with the last day of the financial year in which the next
  
  ordinary election is expected to take place after the plan is
  
  45issued;

• “qualifying day” means a day which meets the following conditions (so
  
  far as applicable)—

  Police Reform and Social Responsibility BillPage 9

  (a)

  the day must fall after the day on which the plan is issued;

  (b)

  the day must not fall after the day on which the next ordinary
  
  election is expected to take place after the plan is issued;

  (c)

  in the case of a plan issued in accordance with the duty in
  
  5section 6(1) or 7(1), the day must be, or fall before, the first day
  
  of the financial year following the financial year in which that
  
  duty must be complied with.

9 Duty to have regard to police and crime plan

(1) A police and crime commissioner must, in exercising the functions of

10commissioner, have regard to the police and crime plan issued by the

commissioner.

(2) The chief constable of the police force for a police area listed in Schedule 1 to

the Police Act 1996 must, in exercising the functions of chief constable, have

regard to the police and crime plan issued by the police and crime

15commissioner for that police area.

(3) The Mayor’s Office for Policing and Crime must, in exercising the functions of

the Office, have regard to the police and crime plan issued by the Office.

(4) The Commissioner of Police of the Metropolis must, in exercising the functions

of Commissioner, have regard to the police and crime plan issued by the

20Mayor’s Office for Policing and Crime.

(5) The Secretary of State may give guidance to a person subject to a duty under

this section about how that duty is to be complied with.

(6) A person given such guidance must have regard to the guidance.

(7) Before giving guidance under subsection (5) the Secretary of State must

25consult—

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

of police and crime commissioners,

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

(c) such persons as appear to the Secretary of State to represent the views

30of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

10 Crime and disorder reduction grants

(1) The elected local policing body for a police area may make a crime and

disorder reduction grant to any person.

(2) 35A crime and disorder reduction grant is a grant which, in the opinion of the

elected local policing body, will secure, or contribute to securing, crime and

disorder reduction in the body’s area.

(3) The elected local policing body may make a crime and disorder reduction grant

subject to any conditions (including conditions as to repayment) which the

40body thinks appropriate.