Police Reform and Social Responsibility Bill (HL Bill 77)

11 Co-operative working

(1) The elected local policing body for a police area, in exercising its functions, and

a responsible authority, in exercising its functions conferred by or under

section 6 of the Crime and Disorder Act 1998 in relation to that police area,

5must act in co-operation with each other.

(2) The elected local policing body for a police area, and the criminal justice bodies

which exercise functions as criminal justice bodies in that police area, must

make arrangements (so far as it is appropriate to do so) for the exercise of

functions so as to provide an efficient and effective criminal justice system for

10the police area.

(3) The reference in subsection (1) to a responsible authority exercising functions

in relation to a police area is a reference to the responsible authority exercising

the functions in relation to a local government area that is comprised, or

included, in the police area.

(4) 15In this section—

• “criminal justice body”, in relation to the elected local policing body for a
  
  police area, means—

  (a)

  the chief officer of police for that police area;

  (b)

  the Crown Prosecution Service;

  (c)

  20the Lord Chancellor, in exercising functions under section 1 of
  
  the Courts Act 2003 (duty to ensure efficient and effective courts
  
  service);

  (d)

  a Minister of the Crown, in exercising functions in relation to
  
  prisons (within the meaning of the Prison Act 1952);

  (e)

  25a youth offending team established under section 39 of the
  
  Crime and Disorder Act 1998;

  (f)

  a person with whom the Secretary of State has made contractual
  
  or other arrangements, under section 3(2) of the Offender
  
  Management Act 2007, for the making of probation provision;

  (g)

  30the Secretary of State, in making probation provision in
  
  accordance with arrangements made by the Secretary of State
  
  under section 3(5) of the Offender Management Act 2007;

• “functions” does not include functions which are exercisable only in
  
  relation to Wales and relate to matters in relation to which the Welsh
  
  35Ministers have functions;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  
  Crown Act 1975;

• “responsible authority” has the same meaning as in section 5 of the Crime
  
  and Disorder Act 1998.

40Information, consultation etc

12 Information for public etc

(1) An elected local policing body—

(a) must publish specified information; and

(b) if the time or manner of the publication of that information is specified,

45must publish it at that time or in that manner.

(2) For that purpose, “specified” means specified by the Secretary of State by

order.

(3) An elected local policing body must publish the information which the body

considers to be necessary to enable the persons who live in the body’s area to

5assess—

(a) the performance of the body in exercising the body’s functions, and

(b) the performance of the relevant chief officer of police in exercising the

chief officer’s functions.

(4) The information necessary to enable those persons to assess those matters by

10reference to a particular time, or a particular period, must be published by the

elected local policing body as soon as practicable after that time or the end of

that period.

(5) An elected local policing body may provide (whether by publication or other

means) information about—

(a) 15the exercise of the body’s functions, and

(b) the exercise of the functions of the relevant chief officer of police.

13 Annual reports

(1) Each elected local policing body must produce a report (an “annual report”)

on—

(a) 20the exercise of the body’s functions in each financial year, and

(b) the progress which has been made in the financial year in meeting the

police and crime objectives in the body’s police and crime plan.

(2) As soon as practicable after producing an annual report, the elected local

policing body must send the report to the relevant police and crime panel.

(3) 25The elected local policing body must attend before the panel at the public

meeting arranged by the panel in accordance with section 29(3), to—

(a) present the report to the panel, and

(b) answer the panel’s questions on the report.

(4) The elected local policing body must—

(a) 30give the panel a response to any report or recommendations on the

annual report (see section 29(3)), and

(b) publish any such response.

(5) It is for the police and crime panel to determine the manner in which a response

to a report or recommendations is to be published in accordance with

35subsection (4)(b).

(6) An elected local policing body must arrange for each annual report to be

published.

(7) It is for the elected local policing body to determine the manner in which an

annual report is to be published.

14 40Information for police and crime panels

(1) An elected local policing body must provide the relevant police and crime

panel with any information which the panel may reasonably require in order

to carry out its functions.

(2) But subsection (1) does not require the elected local policing body to provide

information if disclosure of the information—

(a) would, in the view of the chief officer of police, be against the interests

of national security,

(b) 5might, in the view of the chief officer of police, jeopardise the safety of

any person,

(c) might, in the view of the chief officer of police, prejudice the prevention

or detection of crime, the apprehension or prosecution of offenders, or

the administration of justice, or

(d) 10is prohibited by or under any enactment.

(3) An elected local policing body may provide the relevant police and crime panel

with any other information which the body thinks appropriate.

15 Arrangements for obtaining the views of the community on policing

(1) Section 96 of the Police Act 1996 (arrangements for obtaining the views of the

15community on policing) is amended in accordance with this section.

(2) In subsection (1), after paragraph (b) insert “;

and for obtaining the views of victims of crime in that area about

matters concerning the policing of the area.”.

(3) After subsection (1) insert—

“(1A) 20Those arrangements must include, in the case of—

(a) a police area listed in Schedule 1, or

(b) the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued

under section 6 or 7 of the Police Reform and Social Responsibility Act

252011, the views of the people in that police area, and the views of the

victims of crime in that area, on that plan.

(1B) Those arrangements must include, in the case of a police area listed in

Schedule 1, arrangements for obtaining, before the first precept for a

financial year is issued by the police and crime commissioner under

30section 40 of the Local Government Finance Act 1992, the views of—

(a) the people in that police area, and

(b) the relevant ratepayers’ representatives,

on the proposals of the police and crime commissioner for expenditure

(including capital expenditure) in that financial year.

(1C) 35Those arrangements must include, in the case of the metropolitan

police district, arrangements for obtaining, before the first calculations

in relation to the Mayor’s Office for Policing and Crime are made for a

financial year under section 85 of the Greater London Authority Act

1999, the views of—

(a) 40the people in the metropolitan police district, and

(b) the relevant ratepayers’ representatives,

on the proposals of the Mayor’s Office for Policing and Crime for

expenditure (including capital expenditure) in that financial year.”.

(4) For subsection (2) substitute—

“(2) Arrangements under this section are to be made by the local policing

body for the police area, after consulting the chief officer of police for

that area.”.

(5) 5Before subsection (6) insert—

“(5A) In subsections (1B) and (1C) “relevant ratepayers’ representatives”, in

relation to a police area listed in Schedule 1, or the metropolitan police

district, means the persons or bodies who appear to the elected local

policing body for that area or district to be representative of persons

10subject to non-domestic rates under sections 43 and 45 of the Local

Government Finance Act 1988 as regards hereditaments situated in that

area or district.

(5B) In determining which persons or bodies are relevant ratepayers’

representatives, an elected local policing body must have regard to any

15guidance given by the Secretary of State.”

(6) Omit subsections (6) to (10).

Other provisions about functions

16 Supply of goods and services

(1) Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and

20services by local authorities) apply, with the modification set out in subsection

(2), to each elected local policing body as they apply to a local authority.

(2) In those subsections, references to a public body (within the meaning of that

section) are to be read as references to any person.

(3) An elected local policing body may not enter into an agreement with another

25elected local policing body, or with the Common Council in its capacity as a

police authority, under section 1 of the 1970 Act in respect of a matter which

could be the subject of force collaboration provision in a collaboration

agreement under section 22A of the Police Act 1996.

(4) In this section “1970 Act” means the Local Authorities (Goods and Services)

30Act 1970.

17 Appointment of persons not employed by elected local policing bodies

(1) This section applies where an elected local policing body is required or

authorised by any Act—

(a) to appoint a person to a specified post in the body, or

(b) 35to designate a person as having specified duties or responsibilities.

(2) The elected local policing body may appoint or designate a person whether or

not the person is already a member of staff of the body.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that

is mentioned in subsection (1).

18 Duties when carrying out functions

(1) In carrying out functions, an elected local policing body must have regard to

the views of people in the body’s area about policing in that area.

(2) In carrying out functions in a particular financial year, an elected local policing

5body must have regard to any report or recommendations made by the

relevant police and crime panel on the annual report for the previous financial

year (see section 29(3)).

(3) Subsection (2) does not affect any exercise of the functions of the elected local

policing body in any part of a particular financial year that falls—

(a) 10before the body has received a report or recommendations on the

annual report for the previous financial year, or

(b) during the period after receipt of a report or recommendations when

the body is considering the report or recommendations.

(4) This section is in addition to the duty under section 9 to have regard to the

15police and crime plan.

19 Delegation of functions by police and crime commissioners

(1) A police and crime commissioner may arrange for any person to exercise any

function of the commissioner.

(2) But a police and crime commissioner may not arrange under this section—

(a) 20for a person listed in subsection (3) to exercise any function; or

(b) for any person to exercise a function listed in subsection (4).

(3) The persons referred to in subsection (2)(a) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) 25the Mayor’s Office for Policing and Crime;

(d) the Mayor of London;

(e) the Common Council of the City of London;

(f) any other person or body which maintains a police force.

(4) The functions referred to in subsection (2)(b) are—

(a) 30issuing a police and crime plan (see section 6);

(b) determining police and crime objectives (see section 8);

(c) attendance at a meeting of a police and crime panel in compliance with

a requirement by the panel to do so (see section 30);

(d) preparing an annual report to a policing and crime panel (see section

3513);

(e) appointing the chief constable, suspending the chief constable, or

calling upon the chief constable to retire or resign (see section 39);

(f) calculating a budget requirement (see section 43 of the Local

Government Finance Act 1992).

(5) 40If a function of a police and crime commissioner is exercisable by any other

person in accordance with this section, any property or rights vested in the

commissioner may be dealt with by the other person in exercising the function,

as if vested in that person.

20 Delegation of functions by Mayor’s Office for Policing and Crime

(1) The Mayor’s Office for Policing and Crime may—

(a) appoint a person as the Deputy Mayor for Policing and Crime, and

(b) arrange for the Deputy Mayor for Policing and Crime to exercise any

5function of the Mayor’s Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime may arrange for a person (who is

not the Deputy Mayor for Policing and Crime) to exercise any function of the

Mayor’s Office for Policing and Crime.

(3) But the Mayor’s Office for Policing and Crime may not—

(a) 10appoint a person listed in subsection (6) as the Deputy Mayor for

Policing and Crime;

(b) arrange for the Deputy Mayor for Policing and Crime to exercise a

function listed in subsection (7)(a), (e), (f), (g) or (h);

(c) arrange, under subsection (2), for a person listed in subsection (6) to

15exercise any function; or

(d) arrange, under subsection (2), for a person to exercise a function listed

in subsection (7).

(4) The Deputy Mayor for Policing and Crime may arrange for any other person

to exercise any function of the Mayor’s Office for Policing and Crime which is,

20in accordance with subsection (2), exercisable by the Deputy Mayor for

Policing and Crime.

(5) But the Deputy Mayor for Policing and Crime may not arrange for a person

listed in subsection (6) to exercise any such function.

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) 25a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) the Mayor of London;

(d) the Common Council of the City of London;

(e) any other person or body which maintains a police force.

(7) 30The functions mentioned in subsection (3) are—

(a) issuing a police and crime plan (see section 7);

(b) determining police and crime objectives (see section 8);

(c) attendance at a meeting of the police and crime panel of the London

Assembly in compliance with a requirement by the panel to do so (see

35section 30);

(d) preparing an annual report to the policing and crime panel of the

London Assembly (see section 13);

(e) making recommendations in relation to the appointment of a

Commissioner of Police of the Metropolis under section 43;

(f) 40making representations in relation to the appointment of a Deputy

Commissioner of Police of the Metropolis under section 46;

(g) being consulted in relation to the appointment or removal of an

Assistant Commissioner of Police of the Metropolis, a Deputy Assistant

Commissioner of Police of the Metropolis, or a Commander (see

45sections 46, 47, 48 and 50);

(h) suspending the Commissioner, or Deputy Commissioner, of Police of

the Metropolis, or calling upon the Commissioner, or Deputy

Commissioner, to retire or resign (see section 49).

(8) If a function of the Mayor’s Office for Policing and Crime is exercisable by a

5person in accordance with subsection (1), (2) or (4), any property or rights

vested in the Office may be dealt with by the other person in exercising the

function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a Deputy Mayor for Policing and

Crime.

(10) 10The Deputy Mayor for Policing and Crime is a member of the staff of the

Mayor’s Office for Policing and Crime.

(11) But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly

member).

(12) The appointment of the Deputy Mayor for Policing and Crime is subject to

15Schedule 4A to the Greater London Authority Act 1999.

(13) For further provision about the appointment of the Deputy Mayor for Policing

and Crime, see paragraph 4 of Schedule 3.

21 Deputy Mayor for Policing and Crime: confirmation hearings

(1) The Greater London Authority Act 1999 is amended in accordance with this

20section.

(2) In section 60A (confirmation hearings etc for certain appointments by the

Mayor)—

(a) in the title, at the end insert “or Mayor’s Office for Policing and

Crime”;

(b) 25in subsection (3), omit the entry relating to the chairman and vice

chairman of the Metropolitan Police Authority;

(c) for subsection (4) substitute—

“(4) This section also applies in any case where the Mayor’s Office

for Policing and Crime proposes to make an appointment,

30under section 20 of the Police Reform and Social Responsibility

Act 2011, of a person to be the Deputy Mayor for Policing and

Crime.”.

(3) In Schedule 4A (confirmation hearings etc), in paragraph 1 (application of

Schedule), after sub-paragraph (2) insert—

“(3) 35This Schedule also has effect where the Mayor’s Office for Policing

and Crime proposes to make an appointment, under section 20 of the

Police Reform and Social Responsibility Act 2011, of a person to be

the Deputy Mayor for Policing and Crime.

(4) In the application of this Schedule in relation to such an

40appointment, references to the Mayor are to be read as references to

the Mayor’s Office for Policing and Crime.

(5) Paragraph 9 does not apply in relation to such an appointment (but

see section 33 of the Police Reform and Social Responsibility Act

2011).”.

Financial matters

22 Police fund

(1) Each elected local policing body must keep a fund to be known as the police

fund.

(2) 5All of an elected local policing body’s receipts must be paid into the relevant

police fund.

(3) All of an elected local policing body’s expenditure must be paid out of the

relevant police fund.

(4) An elected local policing body must keep accounts of payments made into or

10out of the relevant police fund.

(5) Subsections (2) and (3) are subject to any regulations under the Police Pensions

Act 1976.

(6) In this section “relevant police fund”, in relation to an elected local policing

body, means the police fund which that body keeps.

23 15Minimum budget for police and crime commissioner

(1) Section 41 of the Police Act 1996 (directions as to minimum budget) is amended

as follows.

(2) In subsection (1)—

(a) for “a police authority established under section 3” substitute “a police

20and crime commissioner”;

(b) for “the authority” substitute “the commissioner”;

(c) for “its budget requirement” substitute “the commissioner’s budget

requirement”.

(3) After subsection (1) insert—

“(1A) 25But the Secretary of State may not give a direction to the police and

crime commissioner for a police area by virtue of subsection (1) unless

the Secretary of State is satisfied that it is necessary to give the direction

in order to prevent the safety of people in that police area from being

put at risk.”.

(4) 30In subsection (4)—

(a) for “a police authority” substitute “a police and crime commissioner”;

(b) for “the authority” substitute “the commissioner”.

24 Minimum budget for Mayor’s Office for Policing and Crime

(1) The Greater London Authority Act 1999 is amended as follows.

(2) 35Section 95 (minimum budget for Metropolitan Police Authority) is amended in

accordance with subsections (3) to (7).

(3) In the title, for “Metropolitan Police Authority” substitute “Mayor’s Office

for Policing and Crime”.

(4) In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s

40Office for Policing and Crime”;

(5) In subsection (2), for “Metropolitan Police Authority” substitute “Mayor’s

Office for Policing and Crime”.

(6) After subsection (2) insert—

“(2A) But the Secretary of State may not give a direction to the Authority

5under subsection (2) unless the Secretary of State is satisfied that it is

necessary to give the direction in order to prevent the safety of people

in the metropolitan police district from being put at risk.”.

(7) In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each

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

(8) 10In section 96 (provisions supplemental to section 95), in subsection (6), for

“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and

Crime”.

25 Police grant

(1) Section 46 of the Police Act 1996 (police grant) is amended as follows.

(2) 15In subsection (1)—

(a) for paragraph (a) substitute—

“(a) police and crime commissioners,

(aa) the Common Council, and”;

(b) for the words after paragraph (b) substitute—

20“and in those provisions a reference to a grant recipient is a

reference to a police and crime commissioner, the Common

Council or the Greater London Authority.”.

(3) In subsection (2)(b), for “authority” substitute “grant recipient”.

(4) In subsection (4), for “police authorities” substitute “grant recipients”.

(5) 25In subsection (5), for “different authorities or different classes of authority”

substitute “different grant recipients or different classes of grant recipient”.

(6) In subsection (7), for “police authority” substitute “grant recipient”.

(7) In subsection (7A)—

(a) for “Metropolitan Police Authority” substitute “Mayor’s Office for

30Policing and Crime”;

(b) for “that Authority” substitute “that Office”.

(8) In subsection (8)—

(a) for “an authority’s” substitute “a grant recipient’s”;