Police Reform and Social Responsibility Bill (HL Bill 77)

(3) In subsection (2)(b)—

(a) after “owned by” insert “a local policing body or”;

(b) after “constable,” insert “by a member of a police and crime

commissioner’s staff (within the meaning of Part 1 of the Police

5Reform and Social Responsibility Act 2011), by a member of the staff

of the Mayor’s Office for Policing and Crime (within the meaning of

that Part of that Act), by a person employed by the Common Council

of the City of London in its capacity as a police authority,”.

Road Traffic Offenders Act 1988

199 (1) 10In the Road Traffic Offenders Act 1988, section 79 (statements by constables)

is amended as follows.

(2) In subsection (2), for “by the police authority” substitute “as a civilian police

employee”.

(3) After subsection (5), insert—

“(5A) 15For the purposes of subsection (2), a person is employed as a civilian

police employee for a police area if—

(a) in the case of a police area listed in Schedule 1 to the Police

Act 1996, the person is a member of the civilian staff of the

police force (within the meaning of Part 1 of the Police

20Reform and Social Responsibility Act 2011) maintained for

that area;

(b) in the case of the metropolitan police district, the person is a

member of the civilian staff of the Mayor’s Office for Policing

and Crime (within the meaning of that Part of that Act);

(c) 25in the case of the City of London, the person is employed by

the Common Council of the City of London in its capacity as

police authority.”.

Local Government and Housing Act 1989

200 The Local Government and Housing Act 1989 is amended as follows.

201 30In section 1 (disqualification and political restriction of certain officers and

staff), after subsection (8) insert—

“(9) In this section a reference to a person holding a politically restricted

post under a local authority includes a reference to every member of

the staff of an elected local policing body.”.

202 (1) 35Section 4 (designation and reports of head of paid service) is amended in

accordance with this paragraph.

(2) After subsection (1) insert—

“(1A) In the case of an elected local policing body, the body’s chief

executive is to be taken to have been designated as the head of the

40body’s paid service (and, accordingly, subsection (1)(a) does not

apply; but references to persons designated under this section

include references to the body’s chief executive).”.

(3) In subsection (4), for “sent to” substitute “sent—

(a) in the case of an elected local policing body, to the body and

to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(4) 5In subsection (5), after “relevant authority” insert “(other than an elected

local policing body)”.

(5) After subsection (5) insert—

“(5A) It shall be the duty of an elected local policing body to consider any

report under this section by the head of the body’s paid service, and

10to do so no later than three months after the body is sent a copy of the

report.”.

(6) In subsection (6)(a), after “below” insert “and an elected local policing

body”.

203 (1) Section 5 (designation and reports of monitoring officer) is amended in

15accordance with this paragraph.

(2) In subsection (1), in the words after paragraph (b), omit the words from

“(or,” to “authority” (in the last place).

(3) After subsection (1B) insert—

“(1C) In the case of an elected local policing body, the body’s chief

20executive is to be taken to have been designated as the monitoring

officer (and, accordingly, subsection (1)(a) does not apply; but

references to persons designated under this section include

references to the body’s chief executive).”.

(4) In subsection (3)(b), for “sent to” substitute “sent—

(a) 25in the case of an elected local policing body, to the body and

to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(5) In subsection (5)(a), for “deputy at” substitute “deputy—

(i) in the case of an elected local policing body, no later

30than three months after the body is sent a copy of the

report; and

(ii) in any other case, at”.

(6) In subsection (8)—

(a) in the definition of “chief finance officer”, after “1999” insert “,

35Schedule 1 to the Police Reform and Social Responsibility Act 2011”;

(b) in paragraph (a) of the definition of “relevant authority”, after

“below” insert “and an elected local policing body”.

204 In section 7 (all staff to be appointed on merit), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) 40after paragraph (a) insert—

“(aa) an elected local policing body, or”.

205 (1) Section 21 (interpretation of Part 1) is amended in accordance with this

paragraph.

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

206 In section 67 (application of, and orders under, Part 5), in subsection (3), omit

paragraph (i).

207 (1) Section 155 (emergency financial assistance to local authorities) is amended

as follows.

(2) 5In subsection (1A), in paragraph (b) for “Metropolitan Police Authority”

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

(3) In subsection (4), for paragraph (ea) substitute—

“(ea) a police and crime commissioner;”.

Aviation and Maritime Security Act 1990

208 10In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power

to require harbour authorities to promote searches in harbour areas), for “in

England, Scotland or Wales by a police authority” substitute “in England or

Wales by a local policing body, in Scotland by a police authority, or in

England, Wales or Scotland by”.

15Town and Country Planning Act 1990

209 The Town and Country Planning Act 1990 is amended as follows.

210 In section 252 (procedure for making orders), in subsection (12), in the

definition of “local authority”, for the words from “police authority” to

“Metropolitan Police Authority” substitute “police and crime commissioner,

20the Mayor’s Office for Policing and Crime,”.

211 In section 336 (interpretation), in subsection (1), in the definition of “local

authority”, in paragraph (a), for “Metropolitan Police Authority” substitute

“Mayor’s Office for Policing and Crime”.

War Crimes Act 1991

212 25In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for

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

Crime”.

Local Government Finance Act 1992

213 In the Local Government Finance Act 1992, in section 19 (exclusion of Crown

30exemption in certain cases), for subsection (3)(c) substitute—

“(c) a police and crime commissioner;”.

Welsh Language Act 1993

214 In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for

paragraph (d) substitute—

“(d) 35a police and crime commissioner;”.

Deregulation and Contracting Out Act 1994

215 The Deregulation and Contracting Out Act 1994 is amended as follows.

216 In section 79A (meaning of “local authority” in England), omit paragraph

(o).

217 In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

218 In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain

cases), in subsection (3)(f), at the beginning insert “a police and crime

5commissioner, the Mayor’s Office for Policing and Crime and”.

Criminal Appeal Act 1995

219 In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc),

in subsection (2)(a) and (b)(iii), for “police authority” substitute “local

policing body”.

10Employment Rights Act 1996

220 In the Employment Rights Act 1996, in section 50 (right to time off for public

duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

221 In the Housing Grants, Construction and Regeneration Act 1996, in section

153 (ineligible applicants) for subsection (2)(g) substitute—

“(g) a police and crime commissioner;”.

Police Act 1997

222 The Police Act 1997 is amended as follows.

223 In section 107 (supplementary provisions relating to Commissioners), in

20subsection (4)(a), after “any” insert “local policing body or”.

224 In section 119 (sources of information), in subsections (3) and (7), after

“appropriate” insert “local policing body or”.

225 In section 126 (interpretation of Part 5), in the definition of “police authority”

in subsection (1), for “Great Britain” substitute “Scotland”.

25Police (Health and Safety) Act 1997

226 In the Police (Health and Safety) Act 1997, in section 5 (payment of damages,

compensation and fines out of certain funds), in subsection (3), in paragraph

(a) of the definition of “the relevant authority”, for “police authority”

substitute “local policing body”.

30Audit Commission Act 1998

227 The Audit Commission Act 1998 is amended as follows.

228 (1) Section 32 (documents relating to police authorities etc) is amended in

accordance with this paragraph.

(2) In subsection (1), for the words from “relates” to the end, substitute “relates

35to an elected local policing body or to a chief officer of police.”

(3) In subsection (2)—

(a) in paragraph (a)—

(i) for the words from “relates” to “1996” substitute “relates to

one or more elected local policing bodies”;

(g) for “an authority” substitute “a body”;

(b) after paragraph (a) insert—

“(aa) 5relates to one or more chief officers of police and has

been sent (or a copy of which has been sent) by the

Commission to such a chief officer.”.

(4) For subsection (3) substitute—

“(3) In this section “chief officer of police” means—

(a) 10a chief constable for a police force maintained under section

2 of the Police Act 1996, and

(b) the Commissioner of Police of the Metropolis.”.

229 In section 32B (mandatory provision of data), omit subsection (5)(c).

230 In section 47A (reports relating to performance of English local authorities),

15in subsection (5), omit the words from “, other” to the end.

231 In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph

(k) substitute—

“(k) a police and crime commissioner;

(ka) a chief constable for a police force maintained under

20section 2 of the Police Act 1996;

(kb) the Commissioner of Police of the Metropolis;”.

Crime and Disorder Act 1998

232 The Crime and Disorder Act 1998 is amended as follows.

233 In section 1A (power of Secretary of State to add relevant bodies), in

25subsection (1), for “police authority” substitute “local policing body”.

234 In section 17 (duty to consider crime and disorder implications), in

subsection (2), for “a police authority” substitute “a local policing body”.

235 (1) In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is

amended as follows.

(2) 30After the definition of “local child curfew scheme” insert—

““local policing body” has the meaning given by section 101(1) of the

Police Act 1996;”.

(3) Omit the definition of “police authority”.

236 In section 38 (local provision of youth justice services), in subsection (2)(a),

35for “police authority” substitute “local policing body”.

237 In section 41 (the Youth Justice Board), in subsection (10), for “police

authority” substitute “local policing body”.

238 In section 42 (supplementary provisions), in subsection (1), omit the

definition of “police authority”.

239 40In section 115 (disclosure of information), in subsection (2)(c), for “police

authority” substitute “local policing body”.

Police (Northern Ireland) Act 1998

240 In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police

Ombudsman for Northern Ireland), in paragraph 8 (assistance by members

of a police force in Great Britain), in sub-paragraph (2), after “to the” insert

5“local policing body”.

Regional Development Agencies Act 1998

241 In the Regional Development Agencies Act 1998, in section 7A (the London

Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police

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

10Local Government Act 1999

242 The Local Government Act 1999 is amended as follows.

243 (1) Section 1 (best value authorities) is amended in accordance with this

paragraph.

(2) In subsection (1), for paragraph (d) substitute—

“(d) 15the Common Council of the City of London in its capacity as

a police authority;”.

(3) Omit subsection (4).

244 In section 3A (involvement of local representatives), in subsection (3), for

paragraph (a) substitute—

“(a) 20the Common Council of the City of London in its capacity as

a police authority;”.

245 In section 10 (inspections), omit subsection (5).

246 Omit section 10A (inspections: Auditor General for Wales).

247 In section 23 (accounts), in subsection (4), omit paragraph (za).

248 25In section 29 (modifications for Wales), in subsection (1), omit the words

from “except” to the end.

Criminal Justice and Court Services Act 2000

249 In the Criminal Justice and Court Services Act 2000, in section 71 (access to

driver licensing records), in subsection (4), for paragraph (a) of the definition

30of “constables” substitute—

• “(a)

  persons appointed by a chief constable under
  
  paragraph 4 of Schedule 2 to the Police Reform and
  
  Social Responsibility Act 2011 (civilian staff of police
  
  forces outside London),

  (aa)

  35persons appointed by the Commissioner of Police of
  
  the Metropolis under paragraph 1 of Schedule 4 to
  
  that Act (civilian staff of metropolitan police force),”.

Freedom of Information Act 2000

250 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in

Part 5, for paragraphs 57 and 58 substitute—

“57 A police and crime commissioner.

58 The Mayor’s Office for Policing and Crime.”.

Learning and Skills Act 2000

251 5The Learning and Skills Act 2000 is amended as follows.

252 In section 125 (consultation and co-ordination), for subsection (1)(c)

substitute—

“(c) a police and crime commissioner,”.

253 In section 129 (supplementary), in subsection (1), omit the definition of

10“police authority”.

Local Government Act 2000

254 The Local Government Act 2000 is amended as follows.

255 In section 21C (reports and recommendations of overview and scrutiny

committees: duties of certain partner authorities), in subsection (8), in the

15definition of “relevant partner authority”, for paragraph (a) substitute—

“(a) a local policing body, or”.

256 In section 21E (overview and scrutiny committees of certain district councils:

functions with respect to partner authorities), in subsection (4), for

paragraph (a)(ii)(a) substitute—

“(a) 20a local policing body, or”.

257 In section 22A (overview and scrutiny committees of certain authorities in

England: provision of information etc by certain partner authorities), in

subsection (6), in the definition of “associated authority”, for paragraph

(b)(i) substitute—

• “( i)

  “(i)

  25a local policing body, or”.

258 (1) Section 49 (principles governing conduct of members of relevant authorities)

is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) 30Omit subsection (4).

(5) In subsection (6), omit paragraphs (h) and (m).

259 (1) Section 50 (model codes of conduct) is amended in accordance with this

paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) 35In subsection (2), omit “other than police authorities”.

260 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is

amended in accordance with this paragraph.

(2) In subsection (4A), omit “or police authority in Wales”.

(3) In subsection (4C), omit “other than a police authority”.

(4) In subsection (6)(c)(i), omit “or a police authority in Wales”.

261 (1) Section 53 (standards committees) is amended in accordance with this

paragraph.

(2) 5In subsections (3) and (4), omit “or a police authority in Wales”.

(3) In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.

(4) In subsection (8), omit “or a police authority in Wales”.

(5) In subsection (9), omit “and a police authority in Wales”.

(6) In subsection (10), omit “or a police authority in Wales”.

(7) 10In subsection (11)—

(a) in paragraph (a), omit “other than police authorities”;

(b) in paragraph (k), omit “(other than police authorities)”.

262 (1) Section 54 (functions of standards committees) is amended in accordance

with this paragraph.

(2) 15In subsection (4), omit “and police authorities in Wales”.

(3) In subsection (5), omit “(other than police authorities)”.

(4) In subsection (6), omit “and police authorities in Wales”.

(5) In subsection (7), omit “(other than police authorities)”.

263 (1) Section 54A (sub-committees of standards committees) is amended in

20accordance with this paragraph.

(2) In subsection (4), omit “or of a police authority in Wales”.

(3) In subsection (5), omit “other than a police authority”.

264 In section 57 (Standards Board for England), in subsection (5)(b) and (c),

omit “and police authorities in Wales”.

265 25In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a)

and (b), omit “(other than police authorities)”.

266 In section 73 (matters referred to monitoring officers), omit subsection (6).

267 (1) Section 81 (disclosure and registration of members’ interests etc) is amended

in accordance with this paragraph.

(2) 30In subsection (7)(b), omit “or a police authority in Wales”.

(3) In subsection (8), omit “(other than police authorities)”.

268 (1) Section 82 (code of conduct for local government employees) is amended in

accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) 35In subsection (2), omit “(other than police authorities)”.

269 In section 83 (interpretation of Part 3), in subsection (1), omit the definition

of “police authority”.

270 (1) Section 101 (indemnification of members and officers of relevant authorities)

is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) 5In subsection (5), for ““police authority” and “relevant authority” have”

substitute ““relevant authority” has”.

Criminal Justice and Police Act 2001

271 The Criminal Justice and Police Act 2001 is amended as follows.

272 In section 97 (regulations for police forces)—

(a) 10in subsection (3)(a), for “police authorities” substitute “local policing

bodies”;

(b) for subsection (4)(c), substitute—

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

represent the views of police and crime

15commissioners;

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

(cb) the Common Council of the City of London; and”.

273 In section 98 (directions after inspection identifies training needs), in

subsections (1) and (2) for “police authority” substitute “local policing

20body”.

Private Security Industry Act 2001

274 (1) In the Private Security Industry Act 2001, Schedule 2 (activities liable to

control under the Act) is amended as follows.

(2) In paragraph 2 (manned guarding), in sub-paragraph (7)—

(a) 25in sub-paragraph (f)—

(i) for “police authority” (in the first place) substitute “local

policing body”;

(ii) for “police authority employees” substitute “civilian staff”;

(b) in sub-paragraph (i), for “police authority employees” substitute

30“civilian staff”.

(3) In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for

“police authority employees” substitute “civilian staff”.

(4) In paragraph 3A (restriction and removal of vehicles), in sub-paragraph

(6)—

(a) 35in sub-paragraph (c), for “police authority” substitute “local policing

body”;

(b) in sub-paragraph (e), for “police authority employees” substitute

“civilian staff”.

Vehicles (Crime) Act 2001

275 40The Vehicles (Crime) Act 2001 is amended as follows.

276 In section 18 (register of registration plate suppliers), in subsection (9), for

paragraph (a) substitute—

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

metropolitan police force, (within the meaning of Part 1 of the

Police Reform and Social Responsibility Act 2011),

(aa) 5persons employed by the Common Council of the City of

London who are under the direction and control of the

Commissioner of Police for the City of London,”.

277 In section 38 (unified power for Secretary of State to fund speed cameras etc),

in subsection (5)(b), for the words from “any police authority” to

10“Metropolitan Police Authority” substitute “any police and crime

commissioner, the Mayor’s Office for Policing and Crime”.

Police Reform Act 2002

278 The Police Reform Act 2002 is amended as follows.

279 (1) Section 10 (general functions of the Commission) is amended in accordance

15with this paragraph.

(2) In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute

“local policing bodies”.

(3) In subsection (3)(d), for “police authority” substitute “local policing body”.

280 In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a),

20(9) and (10)(b), for “police authority” substitute “local policing body”.

281 In section 12 (complaints, matters and persons to which Part 2 applies), in

subsection (7)—

(a) after paragraph (a) insert—

“(aa) he is a civilian employee of a police force;”;

(b) 25in paragraph (b), for “a police authority” substitute “the Common

Council of the City of London”.

282 (1) Section 15 (general duties of police authorities, chief constables and

inspectors) is amended in accordance with this paragraph.