(2) An order under subsection (1)(b) may (in particular) require P not to enter the

controlled area of Parliament Square for such period as may be specified in the

order.

(3) Power of the court to make an order under this section is in addition to the

5court’s power to impose a fine under section 145(8).

149 Authorisation for operation of amplified noise equipment

(1) The responsible authority for any land in the controlled area of Parliament

Square may authorise a person in accordance with this section to operate on

that land any amplified noise equipment (as defined by section 145(4)).

(2) 10An application for authorisation must be made to the responsible authority by

or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may—

(a) determine the form in which, and the manner in which, an application

is to be made;

(b) 15specify the information to be supplied in connection with an

application;

(c) require a fee to be paid for determining an application.

(4) If an application is duly made to a responsible authority, the authority must—

(a) determine the application, and

(b) 20give notice in writing to the applicant of the authority’s decision within

the period of 21 days beginning with the day on which the authority

receives the application.

(5) The notice must specify—

(a) the person (or persons) authorised (whether by name or description),

(b) 25the kind of amplified noise equipment to which the authorisation

applies,

(c) the period to which the authorisation applies, and

(d) any conditions to which the authorisation is subject.

(6) The responsible authority may at any time—

(a) 30withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes—

(a) imposing a new condition,

(b) removing an existing condition, or

(c) 35altering any period to which a condition applies.

(8) The exercise of a power under subsection (6) to withdraw an authorisation or

to vary a condition is effected by the responsible authority giving notice in

writing to the applicant.

150 Meaning of “authorised officer” and “responsible authority”

(1) 40This section applies for the purposes of this Part.

(2) “Authorised officer”, in relation to any land in the controlled area of Parliament

Square, means—

(a) an employee of the responsible authority for that land who is

authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible

authority (whether by that or any other person), is so authorised for the

5purposes of this Part.

(3) “Responsible authority”, in relation to any land in the controlled area of

Parliament Square, means—

(a) the Greater London Authority, for any land comprised in the central

garden of Parliament Square (as defined by section 144(2)), and

(b) 10Westminster City Council, for any other land.

151 Effect of Part on byelaws

(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after

subsection (6) insert—

“(6A) Byelaws under this section may not be made as respects Parliament

15Square Garden for the purpose of prohibiting a particular activity so far

as that activity is a prohibited activity for the purposes of Part 3 of the

Police Reform and Social Responsibility Act 2011 (see section 145(2) of

that Act).”.

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999

20before the date on which section 145 above comes into force ceases to have

effect on that date so far as the byelaw makes provision prohibiting, as respects

the controlled area of Parliament Square, a particular activity that is a

prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of

25the Local Government Act 1972 (power of councils to make byelaws) for the

purpose of prohibiting, as respects the controlled area of Parliament Square, a

particular activity except so far as the activity is a prohibited activity for the

purposes of this Part.

Part 4 30Miscellaneous

Seizure powers under byelaws

152 Enforcement of byelaws: powers of seizure etc

(1) After section 237 of the Local Government Act 1972 (offences against byelaws)

insert—

“237ZA 35 Section 235 byelaws: powers of seizure etc

A byelaw made under section 235 may include provision for or in

connection with—

(a) the seizure and retention of any property in connection with

any contravention of the byelaw, and

(b) 40the forfeiture of any such property on a person’s conviction of

an offence of contravention of the byelaw.”.

(2) In section 385 of the Greater London Authority Act 1999 (byelaws), in

subsection (4)(b) for “a trading byelaw” substitute “any byelaw under this

section”.

Misuse of drugs

153 5Temporary control of drugs

Schedule 17 (which makes provision for temporary class drug orders under the

Misuse of Drugs Act 1971) has effect.

154 Advisory Council on the Misuse of Drugs

In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory

10Council on the Misuse of Drugs), in paragraph 1—

(a) in sub-paragraph (1), omit the words after “appropriate”, and

(b)

omit sub-paragraph (2).

Arrest warrants

155 Restriction on issue of arrest warrants in private prosecutions

(1) 15In section 1 of the Magistrates’ Courts Act 1980 (issue of summons or warrant),

after subsection (4) insert—

“(4A) Where a person who is not a public prosecutor lays an information

before a justice of the peace in respect of an offence to which this

subsection applies, no warrant shall be issued under this section

20without the consent of the Director of Public Prosecutions.

(4B) In subsection (4A) “public prosecutor” has the same meaning as in

section 29 of the Criminal Justice Act 2003.

(4C) Subsection (4A) applies to—

(a) a qualifying offence which is alleged to have been committed

25outside the United Kingdom, or

(b) an ancillary offence relating to a qualifying offence where it is

alleged that the qualifying offence was, or would have been,

committed outside the United Kingdom.

(4D) In subsection (4C) “qualifying offence” means any of the following—

(a) 30piracy or an offence under section 2 of the Piracy Act 1837

(piracy where murder is attempted);

(b) an offence under section 1 of the Geneva Conventions Act 1957

(grave breaches of Geneva conventions);

(c) an offence which (disregarding the provisions of the

35Suppression of Terrorism Act 1978, the Nuclear Material

(Offences) Act 1983, the United Nations Personnel Act 1997 and

the Terrorism Act 2000) would not be an offence apart from

section 1 of the Internationally Protected Persons Act 1978

(attacks and threats of attacks on protected persons);

(d) 40an offence under section 1 of the Taking of Hostages Act 1982

(hostage-taking);

(e) an offence under section 1, 2 or 6 of the Aviation Security Act

1982 (hijacking etc);

(f) an offence which (disregarding the provisions of the

Internationally Protected Persons Act 1978, the Suppression of

5Terrorism Act 1978, the United Nations Personnel Act 1997 and

the Terrorism Act 2000) would not be an offence apart from

sections 1 to 2A of the Nuclear Material (Offences) Act 1983

(offences relating to nuclear material);

(g) an offence under section 134 of the Criminal Justice Act 1988

10(torture);

(h) an offence under section 1 of the Aviation and Maritime

Security Act 1990 (endangering safety at aerodromes);

(i) an offence under sections 9 to 14 of that Act (hijacking ships etc);

(j) an offence which (disregarding the provisions of the

15Internationally Protected Persons Act 1978, the Suppression of

Terrorism Act 1978, the Nuclear Material (Offences) Act 1983

and the Terrorism Act 2000) would not be an offence apart from

sections 1 to 3 of the United Nations Personnel Act 1997 (attacks

on UN workers etc).

(4E) 20In subsection (4C) “ancillary offence”, in relation to an offence, means—

(a) an offence under Part 2 of the Serious Crime Act 2007

(encouraging or assisting crime) in relation to the offence

(including, in relation to times before the commencement of

that Part, an offence of incitement);

(b) 25attempting or conspiring to commit the offence.

(4F)(b)attempting or conspiring to commit the offence.”.

(2) In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions

etc), after subsection (2) insert—

“(2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates’ Courts

30Act 1980.”.

Part 5 Final provisions

156 Orders and regulations

(1) Any power of the Secretary of State under this Act to make an order or

35regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations

may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament—

(a) regulations under section 32 or 55(2) or paragraph 32(1) of Schedule 6;

(b) 40an order under section 59;

(c) regulations under section 128, 130, 131, 133, 136 or 138(2).

(3) Any other statutory instrument containing an order or regulations under this

Act, except an instrument containing only an order specified in subsection (4),

is subject to annulment in pursuance of a resolution of either House of

45Parliament.

(4) The orders referred to subsection (3) are those under section 55(1)(b), 56(1), 78

or 159.

(5) An order or regulations made by the Secretary of State under this Act may—

(a) include incidental, supplementary and consequential provision;

(b) 5make transitory or transitional provision or savings;

(c) make different provision for different cases, areas or purposes.

157 Money

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred by a Minister of the Crown by virtue of this Act;

(b) 10any increase attributable to this Act in the sums payable under any

other Act out of money so provided.

158 Extent

(1) This Act extends to England and Wales only.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) 15The following provisions extend to England and Wales, Scotland and Northern

Ireland—

(a) section 59 (power to make provision about elections etc),

(b) section 153 and Schedule 17 (temporary class drug orders),

(c) section 154 (Advisory Council on the Misuse of Drugs),

(d) 20section 156 (orders and regulations) so far as relating to an order under

section 59, and

(e) this section and sections 159 and 160 (final provisions).

(4) The amendments, repeals and revocations made by this Act (so far as not made

by provision mentioned in subsection (3)(b) or (c)) have the same extent as the

25provisions amended, repealed or revoked.

159 Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State

may by order appoint.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) 30The following provisions come into force on the day on which this Act is

passed—

(a) section 59 (power to make provision about elections);

(b) section 155 (restrictions on issue of arrest warrants in private

prosecutions);

(c) 35sections 156 to 160 (final).

(4) Section 152(1), so far as relating to byelaws made by local authorities in Wales,

comes into force on such day as the Welsh Ministers may by order appoint.

(5) Section 156(1) and (5)(b) applies to an order of the Welsh Ministers under

subsection (4) as it applies to an order of the Secretary of State under this Act.

160 Short title

This Act may be cited as the Police Reform and Social Responsibility Act 2011.

SCHEDULES

Section 1

SCHEDULE 1 Police and crime commissioners

Introduction

1 5This Schedule applies in relation to the police and crime commissioners

established under section 1.

Salary etc

2 (1) A police and crime commissioner is to be paid a salary.

(2) The Secretary of State is to determine the amount of a commissioner’s salary.

(3) 10The Secretary of State may determine that different salaries are to be payable

to the police and crime commissioners for different police areas.

3 (1) A police and crime commissioner is to be paid authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of

expenses incurred by a commissioner in the exercise of the commissioner’s

15functions, which are of the kinds and amounts determined by the Secretary

of State as payable in accordance with this paragraph.

(3) A determination under this paragraph may make different provision for

different cases.

4 (1) A police and crime commissioner must make authorised pension payments.

(2) 20In this paragraph “authorised pension payments” means—

(a) pensions to, or in respect of, persons who have been commissioner,

and

(b) amounts for or towards provision of pensions to, or in respect of,

persons who have been commissioner,

25which are of the kinds and amounts determined by the Secretary of State as

payable in accordance with this paragraph.

5 (1) Payments under paragraph 2 and 3 are to be made by the police and crime

commissioner concerned.

(2) The Secretary of State must publish every determination under any of

30paragraphs 2 to 4.

Staff

6 (1) A police and crime commissioner must appoint—

(a) a person to be the head of the commissioner’s staff (referred to in this

Part as the commissioner’s chief executive); and

(b) a person to be responsible for the proper administration of the

commissioner’s financial affairs (referred to in this Part as the

5commissioner’s chief finance officer).

(2) A police and crime commissioner may appoint such other staff as the

commissioner thinks appropriate to enable the commissioner to exercise the

functions of commissioner.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief

10finance officer of a police and crime commissioner as it applies to the persons

having responsibility for the administration of financial affairs mentioned in

that section.

7 (1) A police and crime commissioner must appoint a person to act as chief

executive, or a chief finance officer, if and for as long as—

(a) 15that post is vacant, or

(b) the holder of that post is, in the commissioner’s opinion, unable to

carry out the duties of that post.

(2) A person may not be appointed under sub-paragraph (1) to act as chief

finance officer unless the person is qualified to be appointed to the post

20under paragraph 6.

(3) A reference in any enactment to the chief executive, or chief finance officer,

of a police and crime commissioner includes a reference to a person acting

as chief executive, or chief finance officer, in accordance with sub-paragraph

(1).

25Remuneration etc of staff

8 (1) A police and crime commissioner may pay remuneration, allowances and

gratuities to the members of the commissioner’s staff.

(2) A police and crime commissioner may pay—

(a) pensions to, or in respect of, persons who have been members of the

30commissioner’s staff, and

(b) amounts for or towards provision of pensions to, or in respect of,

persons who have been members of the commissioner’s staff.

(3) In this paragraph “allowances”, in relation to a member of a commissioner’s

staff, means allowances in respect of expenses incurred by the member of

35staff in the course of employment as such a member of staff.

Incidental powers

9 (1) A police and crime commissioner may do anything which is calculated to

facilitate, or is conducive or incidental to, the exercise of the functions of

commissioner.

(2) 40That includes—

(a) entering into contracts and other agreements (whether legally

binding or not);

(b) acquiring and disposing of property (including land);

(c) borrowing money.

(3) This paragraph is subject to the other provisions of this Act and to any other

enactment about the powers of police and crime commissioners.

Protection from personal liability

10 (1) A person who is a police and crime commissioner has no personal liability

5for an act or omission done by the person in the exercise of the

commissioner’s functions unless it is shown to have been done otherwise

than in good faith.

(2) A person who is a member of staff of a police and crime commissioner has

no personal liability for an act or omission done by the person in the carrying

10out of duties as a member of staff unless it is shown to have been done

otherwise than in good faith.

Financial year

11 (1) The first financial year of a police and crime commissioner is the period

that—

(a) 15begins with the day on which the first election of the commissioner

is held, and

(b) ends with the following 31 March.

(2) After that, a commissioner’s financial year is the period of 12 months ending

with 31 March.

Section 2

20SCHEDULE 2 Chief constables

Introduction

1 This Schedule applies to the chief constables established under section 3.

Status, name etc

2 25A chief constable is a corporation sole.

3 The name of the chief constable for a police force is “the Chief Constable of”

with the addition of the name of the police force.

Civilian staff

4 (1) The chief constable of a police force must appoint a person to be responsible

30for the proper administration of the police force’s financial affairs (referred

to in this Part as the police force’s chief finance officer).

(2) The chief constable of a police force may appoint such other staff as the chief

constable thinks appropriate—

(a) to enable the chief constable to exercise the chief constable’s

35functions, or

(b) otherwise to assist the relevant police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief

finance officer of a chief constable as it applies to the persons having

responsibility for the administration of financial affairs mentioned in that

section.

5 (1) 5A chief constable must appoint a qualified person to act as chief finance

officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the chief constable’s opinion, unable to

carry out the duties of that post.

(2) 10For the purposes of sub-paragraph (1) a person is qualified to be appointed

to act as chief finance officer if that person is qualified to be appointed to the

post under paragraph 4.

(3) A reference in any enactment to the chief finance officer of a chief constable

includes a reference to a person acting as chief finance officer in accordance

15with sub-paragraph (1).

Remuneration etc of staff

6 (1) A chief constable may pay remuneration, allowances and gratuities to the

members of the police force’s civilian staff.

(2) A chief constable may pay—

(a) 20pensions to, or in respect of, persons who have been members of the

police force’s civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of,

persons who have been members of the police force’s civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a police force’s

25civilian staff, means allowances in respect of expenses incurred by the

member of staff in the course of employment as such a member of staff.

Incidental powers

7 (1) A chief constable may do anything which is calculated to facilitate, or is

conducive or incidental to, the exercise of the functions of chief constable.

(2) 30That includes—

(a) entering into contracts and other agreements (whether legally

binding or not);

(b) acquiring and disposing of property, apart from land, but only with

the consent of the relevant police and crime commissioner;

(c) 35borrowing money, but only with the consent of the relevant police

and crime commissioner.

(3) This paragraph is subject to the other provisions of this Act and to any other

enactment about the powers of chief constables.

Damages and costs in legal proceedings

8 (1) 40The following amounts must be paid out of the police fund kept by the

relevant police and crime commissioner—