Police Reform and Social Responsibility Bill (HL Bill 77)

(b) in paragraph (a), for “that authority” substitute “that body”;

(c) in paragraph (b)(i), for “police authorities” substitute “local policing

bodies”.

(4) In subsection (5), for “police authority” substitute “local policing body”.

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

policing bodies”.

284 (1) Section 16A (police investigations: National Police Improvement Agency

involvement) is amended in accordance with this paragraph.

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

(3) 10In subsection (7)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “local policing

bodies”.

285 In section 17 (provision of information to the Commission)—

(a) 15in subsection (1)(a), for “police authority” substitute “local policing

body”;

(b) in subsection (2)—

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

(ii) in paragraph (a), for “that authority” substitute “that body”;

(c) 20in subsection (4)—

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

(ii) in paragraphs (a) and (b), for “that authority” substitute “that

body”;

(d) in subsection (6), for “police authority” substitute “local policing

25body”.

286 In section 18 (inspections of police premises on behalf of Commission)—

(a) in subsection (1)—

(i) for “the authority” substitute “the body”;

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

30policing body”;

(b) in subsection (3), for “the authority” substitute “the body”;

(c) in subsection (5)(b), for “police authorities” substitute “local policing

bodies”.

287 In section 20 (duty to keep the complainant informed), in subsection (8), for

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

288 (1) Section 22 (power of Commission to issue guidance) is amended as follows.

(2) In subsection (1)(a), for “police authorities” substitute “local policing

bodies”.

(3) In subsection (3), for paragraph (a) substitute—

“(a) 40such persons as appear to the Commission to represent the

views of police and crime commissioners;

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

(ab) the Common Council;”.

289 In section 23 (regulations), in subsection (2)(n), for “police authorities”

substitute “local policing bodies”.

290 In section 24 (consultation on regulations), for paragraph (b) substitute—

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

5the views of police and crime commissioners;

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

(bb) the Common Council;”.

291 (1) Section 26 (forces maintained otherwise than by police authorities) is

amended in accordance with this paragraph.

(2) 10In the title, for “police authorities” substitute “local policing bodies”.

(3) In subsections (1)(b) and (2), for “police authority” substitute “local policing

body”.

292 In section 29 (interpretation of Part 2), in subsection (1)—

(a) in the definition of “appropriate authority”—

(i) 15for “a senior officer” (in each place) substitute “the chief

officer”;

(ii) for “police authority” (in each place) substitute “local

policing body”;

(b) in the definition of “relevant force”, for paragraph (a) substitute—

• “(a)

  20if that authority is a local policing body, the
  
  police force which the body is responsible for
  
  maintaining; and”;

(c) omit the definition of “senior officer”.

293 (1) Section 38 (police powers for police authority employees) is amended in

25accordance with this paragraph.

(2) In the title, for “police authority employees” substitute “civilian staff”.

(3) In subsection (1), for the words from “designate” to “an officer” substitute

“designate a relevant employee as an officer”.

(4) In subsection (7), for “An employee of a police authority” substitute “A

30relevant employee”.

(5) After subsection (9) insert—

“(11) In this section “relevant employee” means—

(a) in the case of—

(i) a police force maintained for a police area in

35accordance with section 2 of the Police Act 1996, or

(ii) the police force maintained for the metropolitan

police district in accordance with section 5A of that

Act,

a member of the civilian staff of that police force (within the

40meaning of Part 1 of the Police Reform and Social

Responsibility Act 2011);

(b) in the case of any other police force, a person who—

(i) is employed by the police authority maintaining that

force, and

(ii) is under the direction and control of the chief officer

making a designation under subsection (1).”.

294 In section 38A (standard powers and duties of community support officers),

in subsection (3), for paragraph (a) substitute—

“(a) 5such persons as appear to the Secretary of State to represent

the views of police and crime commissioners;

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

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

295 (1) Section 39 (police powers for contracted out staff) is amended in accordance

10with this paragraph.

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

body”.

(3) In subsection (11), for paragraph (a) substitute—

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

15the views of police and crime commissioners;

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

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

(4) In subsection (13)(b), for “police authority” substitute “local policing body”.

296 (1) Section 40 (community safety accreditation schemes) is amended in

20accordance with this paragraph.

(2) In subsection (4)(a), for “police authority” substitute “local policing body”.

(3) In subsection (5), for paragraph (a) substitute—

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

(4) In subsection (7)—

(a) 25for “police plan under section 8 of the 1996 Act” substitute “police

and crime plan under section 6 or 7 of the Police Reform and Social

Responsibility Act 2011”;

(b) omit the words from “and every draft” to “this section,” (in the

second place);

(c) 30for “police authority” (in each place) substitute “local policing body”.

297 In section 42 (supplementary provisions relating to designations and

accreditations), in subsection (7)—

(a) for “police authority” (in each place) substitute “chief officer of police

or local policing body”;

(b) 35for “that authority” substitute “that chief officer or body”.

298 In section 43 (railway safety accreditation scheme), in subsection (9), for

paragraph (c) substitute—

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

the views of police and crime commissioners;

(ca) 40the Mayor’s Office for Policing and Crime;

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

299 In section 45 (code of practice relating to chief officers’ powers under

Chapter 1), in subsection (3), for paragraph (c) substitute—

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

the views of police and crime commissioners;

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

(cb) 5the Common Council of the City of London; and”.

300 (1) Section 51 (independent custody visitors for places of detention) is amended

in accordance with this paragraph.

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

(3) In subsection (1A) (inserted by section 117 of the Coroners and Justice Act

102009), for “police authority” substitute “local policing body”.

(4) In subsection (2)—

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

body”;

(b) in paragraph (b), for “that authority” substitute “that body”.

(5) 15In subsection (3), for “police authority” substitute “local policing body”.

(6) In subsection (6), for “police authorities” substitute “local policing bodies”.

(7) In subsection (7), for paragraph (a) substitute—

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

the views of police and crime commissioners;

(aa) 20the Mayor’s Office for Policing and Crime;

(ab) the Common Council of the City of London;”.

(8) In subsection (9), for “Police authorities” substitute “local policing bodies”.

(9) In subsection (10)—

(a) before its substitution by virtue of section 117 of the Coroners and

25Justice Act 2009, for “police authority” substitute “local policing

body”;

(b) as substituted by virtue of section 117 of the Coroners and Justice Act

2009, for “police authority” substitute “local policing body”.

301 (1) In Schedule 3 (handling of complaints and conduct matters etc), Part 1

30(handling of complaints) is amended in accordance with this paragraph.

(2) In paragraph 1—

(a) in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute

“local policing body”;

(b) in sub-paragraph (6), for “police authority” substitute “local policing

35body”.

(3) In paragraph 2—

(a) in sub-paragraphs (2) and (5), for “police authority” substitute “local

policing body”;

(b) in sub-paragraph (6)—

(i) 40for “police authority” substitute “local policing body”;

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

(4) In paragraph 3—

(a) in sub-paragraph (1), for “police authority” substitute “local policing

body”;

(b) in sub-paragraph (2)—

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

(ii) for “that authority” substitute “that body”;

(c) in sub-paragraphs (3), (4) (in each place), and (6) (in each place), for

5“police authority” substitute “local policing body”.

(5) In paragraph 4—

(a) in sub-paragraph (3)—

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

policing body”;

(ii) 10in sub-paragraph (a), for “the authority” substitute “the

body”;

(b) in sub-paragraph (5)(b), for “police authority” substitute “local

policing body”;

(c) in sub-paragraph (6)—

(i) 15for “police authority” substitute “local policing body”;

(ii) in sub-paragraph (b), for “the authority” substitute “the

body”.

(6) In paragraph 5(1), for “police authority” substitute “local policing body”.

302 (1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2

20(handling of conduct matters) is amended in accordance with this

paragraph.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

(i) in sub-paragraph (a) for “police authority” (in each place)

25substitute “local policing body”;

(ii) in sub-paragraphs (a) and (b), for “that authority” substitute

“that body”;

(b) in sub-paragraph (2), for “the authority” substitute “the body”;

(c) in sub-paragraph (3), for “police authority” substitute “local policing

30body”.

(3) In paragraph 11(1)(a), for “police authority” substitute “local policing body”.

(4) In paragraph 12—

(a) in sub-paragraph (1)—

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

(ii) 35for “that authority” substitute “that body”;

(b) in sub-paragraph (5), for “police authority” substitute “local policing

body”;

(c) in sub-paragraph (6), for “police authority” substitute “local policing

body”.

(5) 40In paragraph 13—

(a) in sub-paragraph (1)—

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

(ii) for “the authority” substitute “the body”;

(b) in sub-paragraph (3)—

(i) 45for “police authority” substitute “local policing body”;

(ii) in sub-paragraph (b), for “police authority” substitute “local

policing body”;

(c) in sub-paragraph (5)(b), for “police authority” substitute “local

policing body”;

(d) 5in sub-paragraph (6)—

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

(ii) for “that authority” (in each place) substitute “that body”.

(6) In paragraph 14(1), for “police authority” substitute “local policing body”.

303 (1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2A

10(handling of death and serious injury matters) is amended in accordance

with this paragraph.

(2) In paragraph 14A(1), for “police authority” substitute “local policing body”.

(3) In paragraph 14B—

(a) in sub-paragraph (1)—

(i) 15for “police authority” substitute “local policing body”;

(ii) for “that authority” (in each place) substitute “that body”;

(b) in sub-paragraph (5), for “police authority” substitute “local policing

body”;

(c) in sub-paragraph (6), for “police authority” substitute “local policing

20body”.

(4) In paragraph 14D(1), for “police authority” substitute “local policing body”.

304 In Schedule 4 (powers exercisable by police civilians), in paragraph 7

(confiscation of tobacco etc), for “police authority” substitute “local policing

body”.

25Proceeds of Crime Act 2002

305 The Proceeds of Crime Act 2002 is amended as follows.

306 In section 55 (sums received by designated officer), in subsection (8)—

(a) after paragraph (a) insert—

“(aa) a member of a police and crime commissioner’s staff

30(within the meaning of Part 1 of the Police Reform

and Social Responsibility Act 2011),

(ab) a member of the staff of the Mayor’s Office for

Policing and Crime (within the meaning of that Part

of that Act),

(ac) 35a member of the civilian staff of a police force,

including the metropolitan police force, (within the

meaning of that Part of that Act),”;

(b) in paragraph (b), omit the words from “a person” to “or”.

307 In section 302 (compensation), in subsection (7A)(a), for sub-paragraph (i)

40substitute—

“(i) who was a member of the civilian staff of a police

force, including the metropolitan police force, (within

the meaning of that Part of that Act), or”.

Anti-social Behaviour Act 2003

308 The Anti-social Behaviour Act 2003 is amended as follows.

309 In section 8 (reimbursement of costs)—

(a) in subsection (1), for “A police authority” substitute “A local policing

5body”;

(b) in subsection (4)—

(i) in paragraph (a), for “the police authority” substitute “the

local policing body”;

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

10policing body”.

310 In section 11H (Part 1A closure order: reimbursement of costs)—

(a) in subsection (1), for “A police authority” substitute “A local policing

body”;

(b) in subsection (4)—

(i) 15in paragraph (a), for “the police authority” substitute “the

local policing body”;

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

policing body”.

Courts Act 2003

311 20The Courts Act 2003 is amended as follows.

312 In section 8 (local justice areas), in subsection (7), for paragraph (c)

substitute—

“(c) a police and crime commissioner or the Mayor’s Office for

Policing and Crime.”.

313 25In section 41 (disqualification of lay justices who are members of local

authorities), in subsection (6)(c), for the words from “a police authority” to

“Metropolitan Police Authority” substitute “a police and crime

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

Criminal Justice Act 2003

314 30In the Criminal Justice Act 2003, in section 221 (provision of attendance

centres), in subsection (3)—

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

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

Finance Act 2003

315 35In the Finance Act 2003, in Schedule 9 (stamp duty land tax: right to buy,

shared ownership leases etc), for “police authority” (in the first place)

substitute “local policing body”.

Licensing Act 2003

316 In the Licensing Act 2003, in section 170 (exemption of police from liability

40for damages), in subsection (4A)—

(a) after “such a person” insert “exercising such powers by virtue of such

a designation by the Commissioner of Police of the City of London”;

(b) for “a police authority” substitute “the Common Council of the City

of London”.

5Local Government Act 2003

317 The Local Government Act 2003 is amended as follows.

318 In section 23 (meaning of “local authority”), in subsection (1), for paragraph

(n) substitute—

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

319 10In section 25 (budget calculations: report on robustness of estimates etc), in

subsection (3)—

(a) in paragraph (d), omit “or”;

(b) at the end of paragraph (e), insert “or

(f) Schedule 1, 2 or 4 to the Police Reform and Social

15Responsibility Act 2011”.

320 In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph

(m) substitute—

“(m) a police and crime commissioner.”.

321 In section 95 (power to trade in function-related activities through a

20company), in subsection (7)—

(a) omit the definition of “police authority”;

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

substitute “the Common Council of the City of London in its capacity

as a police authority and”.

322 25In section 101 (staff transfer matters: general), omit subsection (7).

Railways and Transport Safety Act 2003

323 The Railways and Transport Safety Act 2003 is amended as follows.

324 In section 25 (special constables), in subsection (5)(d), for “police authority”

substitute “local policing body”.

325 30In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police

authority employees” substitute “civilian staff”.

326 In section 45 (regulation of procedure and practice), omit subsection (2)(a).

327 In section 50 (policing objectives: Authority), in subsection (3)—

(a) in paragraph (a), at the end insert “and”;

(b) 35omit paragraph (c) (and the word “and” at the end of paragraph (b)).

328 In section 55 (three-year strategy plan)—

(a) in paragraph (b), at the end insert “and”;

(b) omit paragraph (d) (and the word “and” at the end of paragraph (c)).

329 In Schedule 4 (British Transport Police Authority), in paragraph 7

(disqualification), for sub-paragraph (2)(c) substitute—

“(c) a member of a police and crime commissioner’s staff (within

the meaning of Part 1 of the Police Reform and Social

Responsibility Act 2011),

(ca) 5a member of the staff of the Mayor’s Office for Policing and

Crime (within the meaning of that Part of that Act),

(cb) a member of the civilian staff of a police force, including the

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

that Act), or”.

10Sexual Offences Act 2003

330 In the Sexual Offences Act 2003, in section 136M (reimbursement of costs),

for “police authority” (in each place) substitute “local policing body”.

Children Act 2004

331 The Children Act 2004 is amended as follows.

332 15In section 10 (co-operation to improve well-being: England), in subsection

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

333 In section 11 (arrangements to safeguard and promote welfare: England), in

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

334 In section 25 (co-operation to improve well-being: Wales), in subsection

20(4)(a), for “the police authority” substitute “the local policing body”.

335 In section 28 (arrangements to safeguard and promote welfare: Wales), in

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

Housing Act 2004

336 In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in

25paragraph 2(1) (buildings controlled or managed by public sector bodies

etc), for sub-paragraphs (c) and (d) substitute—

“(c) a police and crime commissioner,

(d) the Mayor’s Office for Policing and Crime,”.

Public Audit (Wales) Act 2004

337 30The Public Audit (Wales) Act 2004 is amended as follows.

338 In section 12 (local government bodies in Wales), in subsection (1)—

(a) in paragraph (f), for “police authority” substitute “police and crime

commissioner”;

(b) after paragraph (f), insert—

“(fa) 35a chief constable of a police force maintained under

section 2 of the Police Act 1996 for a police area in

Wales;”.

339 (1) Section 40 (documents relating to police authorities) is amended in

accordance with this paragraph.