Police Reform and Social Responsibility Bill (HL Bill 77)

Part 3 Other transitional provision

Politically restricted posts

14 (1) This paragraph applies to a person if—

(a) 5by virtue of a transfer scheme, the person ceases to be a member of

the staff of an existing police authority and becomes a member of

staff of a new policing body (the “transferred employment”), and

(b) the duties which the person carries out as a member of staff of the

new policing body are the same, or substantially the same, as the

10duties the person carried out as a member of staff of the existing

policing authority.

(2) Section 1 of the Local Government and Housing Act 1989 (politically

restricted posts) does not apply to the person by virtue of the person holding

the transferred employment.

15Continuity

15 (1) The abolition of an existing police authority, the transfer or abolition of its

functions, and the transfer of its property, rights and liabilities, do not affect

the validity of anything done before the abolition or transfer.

(2) Sub-paragraphs (3) to (5) apply where any functions, property, rights or

20liabilities are transferred by or under this Act from an existing police

authority (the “transferor”) to another person (the “transferee”).

(3) There may be continued in relation to the transferee anything (including

legal proceedings) which—

(a) relates to any of the functions, property, rights or liabilities

25transferred, and

(b) is in the process of being done by or in relation to the transferor

immediately before the transfer takes effect.

(4) Anything which—

(a) was made or done by or in relation to the transferor for the purposes

30of, or otherwise in connection with, any of the functions, property,

rights or liabilities transferred, and

(b) is in effect immediately before the transfer takes effect,

has effect as if made or done by or in relation to the transferee.

(5) The transferee is to be substituted for the transferor in any instruments,

35contracts or legal proceedings which—

(a) relate to any of the functions, property, rights or liabilities

transferred, and

(b) are made or commenced before the transfer takes effect.

(6) The Secretary of State may, by direction, determine any question under this

40section as to—

(a) whether any particular functions, property, rights or liabilities are

transferred by or under this Act, or

(b) the person to which any particular functions, property, rights or

liabilities are transferred by or under this Act.

(7) The preceding provisions of this paragraph—

(a) are without prejudice to any power to make a transfer scheme, and

(b) are subject to the provisions of any transfer scheme.

(8) In this paragraph a reference to the transfer of a function of an existing police

5authority includes a reference to the abolition of the function and the

conferral of a corresponding function on another person.

Power to make transitional provision etc

16 The Secretary of State may, by order, make such transitional and transitory

provision, and savings, as the Secretary of State considers appropriate in

10connection with the abolition of the existing police authorities.

Part 4 Interpretation

17 In this Schedule—

• “chief officer” means—

  (a)

  15in relation to a police area listed in Schedule 1 to the Police
  
  Act 1996, the chief constable established for that police area
  
  under section 3 of this Act;

  (b)

  in relation to the metropolitan police district, the
  
  Commissioner of Police of the Metropolis established under
  
  20section 5;

• “existing police authority” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police
  
  Act 1996, the police authority established under section 3 of
  
  that Act for that area;

  (b)

  25in relation to the metropolitan police district, the
  
  Metropolitan Police Authority;

• “local authority” means—

  (a)

  in relation to England, a county council or a district council;

  (b)

  in relation to Wales, a county council or a county borough
  
  30council;

• “new 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 that area;

  (b)

  in relation to the metropolitan police district, the Mayor’s
  
  35Office for Policing and Crime;

• “police force” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police
  
  Act 1996, the police force maintained for that area under
  
  section 2 of that Act;

  (b)

  40in relation to the metropolitan police district, the
  
  metropolitan police force;

• “transfer scheme”, in relation to an existing police authority, means a
  
  scheme for transferring staff, property, rights or liabilities of that
  
  authority.

Section 101

SCHEDULE 16 Police reform: minor and consequential amendments

Part 1 Police Act 1996

1 5The Police Act 1996 is amended in accordance with this Part.

2 For the italic cross-heading before section 1 substitute—

“Police areas and police forces”.

3 Omit the italic cross-heading before section 2.

4 (1) Section 2 (maintenance of police forces) is amended in accordance with this

paragraph.

(2) 10The existing provision of section 2 becomes subsection (1) of that section.

(3) After that subsection, insert—

“(2) For further provision about the maintenance of those police forces,

see Chapter 1 of Part 1 of the Police Reform and Social Responsibility

Act 2011.”.

5 15Omit—

(a) sections 3 to 5, and

(b) the italic cross-heading before section 5A.

6 (1) Section 5A (maintenance of the metropolitan police force) is amended in

accordance with this paragraph.

(2) 20The existing provision of section 5A becomes subsection (1) of that section.

(3) After that subsection, insert—

“(2) For further provision about the maintenance of the metropolitan

police force, see Chapter 2 of Part 1 of the Police Reform and Social

Responsibility Act 2011.”.

7 25Omit sections 5B to 6.

8 Before section 6ZA insert the following cross-heading—

“The City of London”.

9 After that cross-heading insert—

“6AZA Common Council to remain police authority for City

The Common Council of the City of London is to continue to be the

30police authority for the City of London police area.”.

10 (1) Section 6ZA (power to confer particular functions on police authorities) is

amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1), for “police authorities” substitute “the Common Council”.

(4) In subsection (2)—

(a) for “a police authority” substitute “the Common Council”;

(b) for “police force maintained for its area” substitute “the City of

London police force”;

(c) 5for “the authority” substitute “the Common Council”.

(5) In subsection (3), for paragraphs (a) and (b) substitute—

“(a) the Common Council,

(b) the Commissioner of Police for the City of London, and”.

(6) Omit subsection (4).

11 (1) 10Section 6ZB (plans by police authorities) is amended in accordance with this

paragraph.

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1)—

(a) for “every police authority” substitute “the Common Council”;

(b) 15for “the authority’s” substitute “the Common Council’s”;

(c) for “its area” substitute “the City of London police area, and for the

discharge by the City of London Police of its national or international

functions”.

(4) For subsection (2) substitute—

“(2) 20In issuing a policing plan, the Common Council must have regard to

the strategic policing requirement issued under section 37A.”.

(5) In subsection (3)—

(a) for “a police authority” substitute “the Common Council”;

(b) for “relevant chief officer of police” substitute “Commissioner of

25Police for the City of London”;

(c) for “the authority” substitute “the Common Council”.

(6) In subsection (4)—

(a) for “a police authority” substitute “the Common Council”;

(b) for “relevant chief officer of police” (in the first place) substitute

30“Commissioner of Police for the City of London”;

(c) for “authority for” substitute “Common Council for”;

(d) for “Authority shall” substitute “Common Council shall”;

(e) for “relevant chief officer of police” (in the second place) substitute

“Commissioner of Police for the City of London”.

(7) 35In subsection (8), for paragraphs (a) and (b) substitute—

“(a) the Common Council,

(b) the Commissioner of Police for the City of London, and”.

(8) Omit subsection (9).

(9) Omit subsection (11).

12 (1) 40Section 6ZC (reports by police authorities) is amended in accordance with

this paragraph.

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1)—

(a) for “police authorities” substitute “the Common Council”;

(b) for “policing of their areas” substitute “discharge of the Common

Council’s functions”.

(4) 5In subsection (3), for paragraphs (a) and (b) substitute—

“(a) the Common Council,

(b) the Commissioner of Police for the City of London, and”.

(5) Omit subsection (4).

13 Omit sections 8A to 9G.

14 10Before section 9H insert the following cross-heading—

“Police ranks”.

15 Omit sections 10 to 12A.

16 Omit sections 14 to 17.

17 Before section 18 insert the following cross-heading—

15“City of London”.

18 (1) Section 18 (supply of goods and services) is amended in accordance with this

paragraph.

(2) In subsection (1), omit paragraph (a).

(3) In subsection (1)(b)—

(a) 20for “shall also apply with that modification” substitute “shall,”;

(b) at the end insert “, apply with the modification set out in subsection

(2)”.

(4) In subsection (3)—

(a) for “A police authority” substitute “The Common Council in its

25capacity as police authority”;

(b) for “another police authority” substitute “another local policing

body”;

(c) for “a police authority collaboration agreement” substitute “force

collaboration provision in a collaboration agreement”.

19 30Omit sections 19 to 21.

20 Omit the cross-heading “General provisions” before section 22.

21 (1) Section 22 (reports by chief constables to police authorities) is amended as

follows.

(2) In subsection (1)—

(a) 35for “Every chief officer of police of a police force” substitute “The

Commissioner of Police for the City of London”;

(b) for “police authority” substitute “Common Council”;

(c) for the words from “the area” to “maintained” substitute “the City of

London police area”.

(3) 40In subsection (2), for “A chief officer” substitute “The chief constable”.

(4) In subsection (3)—

(a) for “The chief officer of police of a police force” substitute “The

Commissioner of Police for the City of London”;

(b) for “police authority” substitute “Common Council”;

(c) 5for “that authority” substitute “the Common Council”;

(d) for “area for which the force is maintained” substitute “City of

London police area”.

(5) In subsection (4), for “police authority” substitute “Common Council”.

(6) In subsection (5)—

(a) 10for “chief officer” substitute “Commissioner of Police for the City of

London”;

(b) for “police authority” substitute “Common Council”;

(c) for “that authority” substitute “the Common Council”.

(7) In subsection (6)—

(a) 15for “police authority” substitute “Common Council”;

(b) for “the authority” substitute “the Common Council”.

22 After section 22 insert the following cross-heading—

“General provisions”.

23 (1) Section 24 (aid of one police force by another) is amended as follows.

(2) In subsection (3), for “sections 9A and 10(1)” substitute “sections 3 and 5 of

20the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)”.

(3) For subsection (3A) substitute—

“(3A) While a member of the civilian staff of a police force maintained

under section 2, or a member of the civilian staff of the metropolitan

police force, is provided under this section for the assistance of

25another police force, that member of staff is, notwithstanding section

3 or 5 of the 2011 Act, under the direction and control of the chief

officer of police of that other force.”.

(4) In subsection (4)—

(a) for “police authority” (in both places) substitute “local policing

30body”;

(b) for “those authorities” substitute “those bodies”;

(c) for “police authorities” substitute “local policing bodies”.

(5) In subsection (4A)—

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

(b) 35for “section 10(1)” substitute “sections 3 and 5 of the 2011 Act”.

24 In section 25(1) (provision of special services)—

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

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

25 (1) Section 26 (provision of advice and assistance to international organisations

40etc) is amended in accordance with this paragraph.

(2) In subsection (1)—

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

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

(3) In subsection (2)—

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

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

(4) 5In subsections (5) and (6), for “police authority” substitute “local policing

body”.

26 In section 27 (special constables), in subsection (2), for “police force

collaboration agreement” substitute “collaboration agreement”.

27 In section 28 (police cadets), in subsection (3)—

(a) 10for “Without prejudice to subsection (2)” substitute “Accordingly”;

(b) for “the police authority that maintains a police force” substitute “the

chief officer of a police force”.

28 (1) Section 30 (jurisdiction of constables) is amended in accordance with this

paragraph.

(2) 15In subsection (3A)—

(a) for “section 24” substitute “section 22A”;

(b) for “police authority” substitute “local policing body”.

(3) In subsection (3B), for “police force collaboration agreement under section

23” substitute “collaboration agreement under section 22A”.

29 20For section 31 (rewards for diligence) substitute—

“31 Rewards for diligence

(1) The chief constable of a police force maintained under section 2 may

grant to members of that police force rewards for exceptional

diligence or other specially meritorious conduct.

(2) 25The Commissioner of Police of the Metropolis may grant to members

of the metropolitan police force rewards for exceptional diligence or

other specially meritorious conduct.

(3) The Common Council may, on the recommendation of the

Commissioner of Police for the City of London, grant out of the City

30of London police fund to members of the City of London police force

rewards for exceptional diligence or other specially meritorious

conduct.”.

30 In section 34 (orders altering police areas: supplementary provision), omit

subsection (1)(a).

31 (1) 35Section 39A (codes of practice for chief officers) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4)—

(a) for the words from “preparing” to “Agency” substitute “issuing or

revising such a code, the Secretary of State”;

(b) 40for paragraph (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) the Common Council;”;

(c) for “it” substitute “the Secretary of State”.

32 (1) Section 42A is amended in accordance with this paragraph.

(2) 5In the title, for “removal of senior officers” substitute “exercise of powers

under section 42”.

(3) In subsection (1), omit “9E, 11 or”.

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

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

33 10In section 50 (regulations for police forces), in subsection (4)(a), for “police

authorities” substitute “local policing bodies”.

34 In section 51 (regulations for special constables), in subsection (3A)(a), for

“police authorities” substitute “local policing bodies”.

35 In section 52 (regulations for police cadets), in subsection (1A)(a), for “police

15authorities” substitute “local policing bodies”.

36 (1) Section 53A (regulation of procedures and practices) is amended in

accordance with this paragraph.

(2) In subsection (2), omit paragraph (b) (and the word “and” at the end of

paragraph (a)).

(3) 20In subsection (3), for paragraph (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) the Common Council;”.

(4) 25Omit subsection (5).

(5) In subsection (6), omit paragraph (a).

37 (1) Section 57 (common services) is amended in accordance with this

paragraph.

(2) In subsection (4), for paragraph (a) substitute—

“(a) 30such 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) the Common Council,”.

(3) Omit subsections (5) and (6).

38 35In section 60 (regulations for Police Federations), in subsection (2)—

(a) in paragraph (c), after “Federations to” insert “local policing bodies,”;

(b) in paragraph (d), after “provided by” insert “local policing bodies

or”.

39 In section 61 (the Police Negotiating Board for the United Kingdom), in

40subsection (1)(a), for “authorities” substitute “persons and bodies”.

40 In section 63 (Police Advisory Boards for England and Wales and for

Scotland), in subsection (2), after “interests” insert “of local policing bodies,”.

41 In section 84 (representation etc at disciplinary and other proceedings), in

the definition of “relevant authority” in subsection (4)—

(a) 5in paragraph (a), for “a senior officer” substitute “the chief officer of

police”;

(b) in paragraph (b), for “a senior officer, the police authority” substitute

“the chief officer of police, the local policing body”.

42 In section 87 (guidance concerning disciplinary proceedings etc), in

10subsection (1)—

(a) for paragraph (a) substitute—

“(a) local policing bodies,”;

(b) for paragraph (e), substitute—

“(e) members of the civilian staff of a police force,

15including the metropolitan police force (within the

meaning of Part 1 of the Police Reform and Social

Responsibility Act 2011).”.

43 (1) Section 88 (liability of wrongful acts of constables) is amended in accordance

with this paragraph.

(2) 20In subsections (2)(b) and (4), for “police authority” substitute “local policing

body”.

(3) In subsection (5)—

(a) in paragraph (a), for “police authority” substitute “local policing

body”;

(b) 25in paragraph (c), for “authority’s” substitute “local policing body’s”.

(4) In subsection (5A), for “police authority” (in each place) substitute “local

policing body”.

(5) In subsection (6), for “police authority” (in each place) substitute “local

policing body”.

44 30In section 93 (acceptance of gifts or loans), in subsection (1), for “the

authority” substitute “the body”.

45 In section 97 (police officers engaged on service outside their force), in

subsection (2), for “police authority” (in each place) substitute “local policing

body”.

46 (1) 35Section 98 (cross-border aid of one police force by another) is amended in

accordance with this paragraph.

(2) In subsection (6)—