Police Reform and Social Responsibility Bill (HL Bill 77)

Section 58

SCHEDULE 9 Supplementary vote system

Application

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and
5crime commissioner for a police area at which there are three or more
candidates.

First preference vote and second preference vote

2 In this Schedule—

• “first preference vote” means a vote to the extent that it is given so as to
  10indicate a first preference from among the candidates to be the police
  and crime commissioner;

• “second preference vote” means a vote to the extent that it is given so
  as to indicate a second preference from among the candidates to be
  the police and crime commissioner.

15Candidate with overall majority of first preference votes

3 If one of the candidates to be the police and crime commissioner receives
more than half of all the first preference votes given in the police area, that
candidate is to be returned as the police and crime commissioner.

No candidate with overall majority of first preference votes

4 (1) 20If none of the candidates to be the police and crime commissioner receives
more than half of all the first preference votes given in the police area, the
following provisions of this paragraph apply.

(2) The two candidates who received the greatest number of first preference
votes given in the police area remain in the contest.

(3) 25If, by reason of an equality of first preference votes, three or more candidates
are qualified to remain in the contest by virtue of sub-paragraph (2), all of
them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the police area for each of
30the candidates remaining in the contest by votes which did not give a first
preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for
that candidate, to give the total number of preference votes for that
candidate.

(7) 35The person who is to be returned as the police and crime commissioner for
the police area is that one of the candidates remaining in the contest who has
the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more
candidates remaining in the contest each have the greatest total number of
40preference votes, the police area returning officer must decide by lots which
of them is to be returned as the police and crime commissioner.

Section 77

SCHEDULE 10 Elections of police and crime commissioners: consequential amendments

Local Government Act 1972

1 The Local Government Act 1972 is amended as follows.

2 5In section 67 (consequential and transitional arrangements relating to Part
4), after subsection (5) insert—

“(5A) Without prejudice to subsection (5), an order under section 58 which
makes provision altering any police areas may make provision as to
who is to be a police and crime commissioner, including—

(a) 10provision for the police and crime commissioner for a police
area affected by the order to become the police and crime
commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
15order.

(5B) Such an order which includes provision within subsection (5A)(b)
may, in particular, require the election in question to be held before
the alteration of police areas takes effect.”

Representation of the People Act 1983

3 20In section 13B(4) of the Representation of the People Act 1983 (alteration of
registers: pending elections), omit “and” at the end of paragraph (d) and
after paragraph (f) insert “and

(g) elections of police and crime commissioners in England and
Wales.”

25Police Act 1996

4 The Police Act 1996 is amended as follows.

5 (1) Section 32 (power to alter police areas by order) is amended as follows.

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

(3) In subsection (4), after “ensure that” insert “no police area falls partly in
30England and partly in Wales and that”.

6 In section 33(1)(a) (objection to alterations proposed by Secretary of State)
for “police authority” substitute “local policing body”.

7 (1) Section 34 (orders altering police areas: supplementary provisions) is
amended as follows.

(2) 35For subsection (1)(a), substitute—

“(a) provision as to who is to be a police and crime
commissioner;”.

(3) After subsection (1) insert—

“(1A) Provision falling within subsection (1)(a) includes, in particular—

(a) provision for the police and crime commissioner for a police
area affected by the order to become the police and crime
commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and
5crime commissioner for any police area resulting from the
order.”

(4) In subsection (2)—

(a) omit “and” at the end of paragraph (a), and

(b) after paragraph (b) insert “and

(c) 10to apply (with or without modification) any provision
of, or made under, Chapter 6 of Part 1 of the Police
Reform and Social Responsibility Act 2011.”

(5) After subsection (2) insert—

“(2A) An order under section 32 which includes provision within
15subsection (1A)(b) may, in particular require the election in question
to be held before the alteration of police areas takes effect.”

Political Parties, Elections and Referendums Act 2000

8 The Political Parties, Elections and Referendums Act 2000 is amended as
follows.

9 20In section 5 (reports on elections and referendums)—

(a) in subsection (2), after paragraph (e) insert—

“(f) an ordinary election of police and crime
commissioners.”;

(b) in subsection (2A), omit “or” after paragraph (b), and after paragraph
25(c) insert “or

(d) an election held under section 52 of the Police Reform
and Social Responsibility Act 2011 (election to fill
vacancy in office of police and crime commissioner),”.

10 In section 6A (attendance of representatives of Commission at elections), in
30subsection (5), after paragraph (d) insert—

“(da) an election under section 52 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
police and crime commissioner);”.

11 In section 7 (Commission to be consulted on changes to electoral law), in
35subsection (2), after paragraph (h) insert—

“(ha) an order under subsection (1)(b) of section 55 of the Police
Reform and Social Responsibility Act 2011 (designations of
returning officers for elections of persons as police and crime
commissioners in England and Wales);

(hb) 40regulations under subsection (2) of that section (functions of
returning officers and local returning officers for such
elections);

(hc) an order under section 59 of that Act (conduct of elections of
persons as police and crime commissioners in England and
45Wales);”.

12 In section 8 (powers with respect to elections exercisable only on

Commission recommendation), in subsection (3), after paragraph (c)
insert—

“(d) the making of orders under section 59 of the Police Reform
and Social Responsibility Act 2011 so far as relating to the
5matters mentioned in subsection (2)(d) of that section
(limitation of expenses in connection with elections of
persons as police and crime commissioners in England and
Wales).”

13 In section 9A (setting of performance standards), in subsection (6), after
10paragraph (d) insert—

“(da) an election under section 52 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
police and crime commissioner);”.

14 In section 22 (parties to be registered in order to field candidates at
15elections), in subsection (5), after paragraph (e) insert—

“(ea) elections of police and crime commissioners,”.

Local Government and Public Involvement in Health Act 2007

15 (1) Section 15 of the Local Government and Public Involvement in Health Act
2007 (structural and boundary change in England: incidental etc provision
20in orders or regulations) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “police authority” in both places where it occurs
substitute “local policing body”;

(b) after paragraph (f) insert—

“(fa) 25as to who is to be a police and crime commissioner;”.

(3) After subsection (1) insert—

“(1A) Provision falling within subsection (1)(fa) includes, in particular—

(a) provision for the police and crime commissioner for a police
area affected by an order by virtue of provision made under
30section 11(4)(g) to become the police and crime commissioner
for a police area resulting from the order;

(b) provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
order.”

(4) 35After subsection (3) insert—

“(3A) Without prejudice to subsection (2), an order under section 7 or 10
which includes provision within subsection (1A)(b) may, in
particular, require the election in question to be held before the
alteration of police areas takes effect.”

Section 90

40SCHEDULE 11 Crime and disorder strategies

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

2 (1) Section 5 (authorities responsible for strategies) is amended as follows.

(2) Omit subsection (1)(c).

(3) For subsections (1A) and (1B) substitute—

“(1A) The relevant local policing body in relation to two or more local
5government areas in England may make a combination agreement
with the responsible authorities in relation to those areas (the
“combined area”).

(1B) A combination agreement is an agreement for the functions
conferred by or under section 6 or by section 7 to be carried out in
10relation to the combined area as if it constituted only one local
government area.

(1BA) The responsible authorities in relation to a combined area are all the
persons who are the responsible authorities in relation to each local
government area that falls within the combined area.

(1BB) 15Section 5A contains further provision about the making and contents
of combination agreements.”.

(4) In subsection (1C) for “An order under subsection (1A) above” substitute “A
combination agreement”.

(5) In subsection (1D), in the definition of “crime and disorder scrutiny
20functions”, for “an order under subsection (1A) above” substitute “a
combination agreement”.

(6) After subsection (1D) insert—

“(1E) The “relevant local policing body”, in relation to a combined area,
is—

(a) 25if the area falls (wholly or partly) within the police area of a
police and crime commissioner, the commissioner,

(b) if the area falls (wholly or partly) within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and

(c) if the area falls partly within the City of London, the Secretary
30of State.

(1F) If there is more than one relevant local policing body in relation to a
combined area by virtue of subsection (1E), the references in
subsection (1A) above and section 5A(2) to the relevant local policing
body in relation to the combined area are references to each of the
35relevant local policing bodies for that area acting jointly.”.

(7) In subsection (2) for “those functions” substitute “the functions conferred by
or under section 6”.

(8) In subsection (5), omit—

(a) the word “and” at the end of the definition of “fire and rescue
40authority”, and

(b) the definition of “police authority”.

3 After section 5 insert—

“5A Combination agreements: further provision

(1) A combination agreement for a combined area may only be made if
every responsible authority in relation to that area is a party to the
5agreement.

(2) The relevant local policing body for a combined area may enter into
a combination agreement for that area only if it considers that it
would be in the interests of one or more of the following to do so—

(a) reducing crime and disorder;

(b) 10reducing re-offending;

(c) combating the misuse of drugs, alcohol and other substances.

(3) Subsections (4) to (6) apply if a combined area in relation to a
combination agreement includes (wholly or party) the area of more
than one police area.

(4) 15The combination agreement must include arrangements for securing
effective and efficient co-operation—

(a) between each of the relevant local policing bodies in relation
to the combined area, and

(b) between the responsible authorities for the area and those
20relevant local policing bodies.

(5) The Secretary of State must be a party to the agreement (if not
already a party by virtue of being a relevant local policing body in
relation to the combined area).

(6) The Secretary of State may enter into the agreement only if the
25Secretary of State—

(a) considers that it would be in the interests of one or more of
the matters mentioned in subsection (2), and

(b) is satisfied that the arrangements mentioned in subsection (4)
are adequate for the purposes of securing effective and
30efficient co-operation in the carrying out of functions under
section 6.

(7) A combination agreement—

(a) must be in writing, and

(b) may be varied by a further combination agreement.

(8) 35A combination agreement may be terminated by agreement in
writing between the parties to it; and subsection (2), and (as the case
may be) (6)(a), applies to an agreement under this subsection.

(9) In this section “combination agreement”, “combined area” and
“relevant local policing body” have the same meanings as in section
405.”.

4 (1) Section 6 (formulation and implementation of strategies) is amended as
follows.

(2) In subsection (3) after paragraph (c) insert—

“(ca) the conferring of functions on a police and crime
45commissioner for a police area in England in relation to the

formulation and implementation of a strategy for any local
government area that lies in that police area;”.

(3) After subsection (4) insert—

“(4A) Provision under subsection (3)(ca) may include provision—

(a) 5for a police and crime commissioner to arrange for meetings
to be held for the purpose of assisting in the formulation and
implementation of any strategy (or strategies) that the
commissioner may specify that relate to any part of the police
area of the commissioner,

(b) 10for the commissioner to chair the meetings, and

(c) for such descriptions and numbers of persons to attend the
meetings as the commissioner may specify (including, in
particular, representatives of the responsible authorities in
relation to the strategies to be discussed at the meetings).”.

5 (1) 15Section 7 (supplemental) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” (in the first place) substitute “relevant local
policing body for that area”, and

(b) for “the Secretary of State” (in the second place) substitute “that
20body”, and

(c) after “section 6 above” insert “, apart from devolved Welsh functions
(as defined by section 5(7)),”.

(3) After subsection (1) insert—

“(1A) The relevant local policing body in relation to a local government
25area may require a report under subsection (1) only if—

(a) the body is not satisfied that the responsible authorities for
the area are carrying out their functions under section 6 in an
effective and efficient manner, and

(b) the body considers it reasonable and proportionate in all the
30circumstances to require a report.”

(4) In subsection (3)—

(a) for “Secretary of State” substitute “relevant local policing body”, and

(b) for “him” substitute “the body”.

(5) After subsection (3) insert—

“(4) 35Relevant local policing body”, in relation to a local government
area, means—

(a) if the area (or any part of it) falls within the police area of a
police and crime commissioner, the commissioner,

(b) if the area (or any part of it) falls within the metropolitan
40police district, the Mayor’s Office for Policing and Crime, and

(c) if the area (or any part of it) is the City of London, the
Secretary of State.

(5) If there is more than one relevant local policing body in relation to a
combined area that is to be treated as one local government area
45under a combination agreement (see section 5(1A))—

(a) a report submitted under subsection (1) is to be submitted to
each of the relevant local policing bodies for the combined
area, and

(b) references in this section to any requirement or arrangement
5made by the relevant local policing body are references to a
requirement or arrangement made by each of the relevant
local policing bodies for the combined area acting jointly.”.

Section 91

SCHEDULE 12 Collaboration agreements

1 10The Police Act 1996 is amended as follows.

2 (1) Section 23 (police force collaboration agreements) is amended in accordance
with this paragraph.

(2) In the title, for “Police force collaboration agreements” substitute
“Collaboration agreements involving police forces”.

(3) 15Omit subsection (1).

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

“(2) Force collaboration provision may, in particular, consist of
provision—”.

(5) Omit subsection (3).

(6) 20In subsection (4), for “An agreement” substitute “A collaboration
agreement”.

(7) In subsection (5), for “an agreement” substitute “a collaboration agreement”.

(8) Omit subsections (6), (7) and (8).

3 (1) Section 23A (police authority collaboration agreements) is amended in
25accordance with this section.

(2) For the title substitute “Collaboration agreements involving policing
bodies”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a) 30for the words before paragraph (a) substitute—

“(2) Policing body collaboration provision, or policing body &
force collaboration provision, may, in particular, consist of
provision—”;

(b) in paragraphs (a) and (b), for “authorities” substitute “policing
35bodies”;

(c) in paragraph (c)—

(i) for “an authority” substitute “a policing body”;

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

(5) In subsection (3), for “In this section” substitute “In relation to policing body
collaboration provision, or policing body & force collaboration provision,”.

(6) Omit subsection (4).

(7) In subsection (5)—

(a) 5for “A police authority may make an agreement” substitute “A
policing body may make a collaboration agreement”;

(b) for “police authorities” substitute “policing bodies”.

(8) For subsection (6), substitute—

“(6) A policing body must consult the chief officer of police of the police
10force which the body is responsible for maintaining before making a
collaboration agreement (unless that chief officer is a party to the
agreement).”.

(9) Omit subsection (7).

4 (1) Section 23B (collaboration agreements: payments) is amended in accordance
15with this paragraph.

(2) In subsection (1), for “relevant police authorities” substitute “parties to the
agreement”.

(3) In subsection (2)—

(a) after “may” insert “in the case of policing bodies or chief officers of
20police who are parties to the agreement”;

(b) in paragraph (a), for “authorities” (in each place) substitute “policing
bodies or chief officers of police”.

(4) In subsection (3), for “A relevant police authority” substitute “A policing
body or chief officer of police”.

(5) 25Omit subsections (4) and (5).

5 (1) Section 23C (collaboration agreements: consultation and supplemental) is
amended in accordance with this paragraph.

(2) Omit subsection (1).

(3) After subsection (5) insert—

“(6) 30If circumstances are such that one or more of the parties to a
collaboration agreement would not, at a particular time, have power
to enter into a collaboration agreement of that description (whether
because of a failure to meet the requirements of section 22A(1) or (5)
or otherwise) each person who does not have that power must cease
35to be a party to the agreement.”.

6 (1) Section 23D (collaboration agreements: accountability) is amended as
follows.

(2) In subsection (1)—

(a) for “police force collaboration agreement” substitute “collaboration
40agreement”;

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

(3) In subsection (2), for “approving an agreement as mentioned in section 23(6),
a police authority” substitute “making a collaboration agreement to which a
chief officer of police is to be a party, a policing body”.

(4) On subsection (3)—

(a) 5for “police authority” (in each place) substitute “policing body”;

(b) for “consider making” substitute “make”.

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

7 In section 23E (collaboration agreements: publication), in subsection (2), for
the words before “must” substitute “In a case where information is notified
10to a chief officer of police under section 23D(2), that information”.

8 In section 23F (collaboration agreements: guidance), for “police authorities”
(in each place) substitute “policing bodies”.

9 In section 23G (collaboration agreements: directions), in subsections (1) and
(2), for “police authorities” substitute “policing bodies”.

10 15After section 23H insert—

23HA   Decisions about efficiency or effectiveness

In reaching a conclusion about whether or not a collaboration
agreement is, or would be, in the interests of efficiency or
effectiveness of one or more police forces (the “police forces under
20consideration”), a person must, in particular, consider—

(a) the existing collaboration agreements, and other
arrangements for co-operation, to which the police forces
under consideration are parties;

(b) the desirability of police forces taking a consistent approach
25in making such agreements and other arrangements; and

(c) the opportunities available to the police forces under
consideration to make such agreements and other
arrangements.”.

11 (1) Section 23I (collaboration agreements: definitions) is amended in accordance
30with this paragraph.

(2) In subsection (1), for “23” substitute “22A”.

(3) In subsection (4), for the words before paragraph (a) insert—

“(4) Policing body” means—

(aa) a local policing body,”.

(4) 35After subsection (4) insert—

“(5) The following expressions have the meanings given in section 22A—

• “collaboration agreement”;

• “force collaboration provision”;

• “policing body collaboration provision”;

• 40“policing body & force collaboration provision”.

(6) References to the police force which a policing body is responsible
for maintaining include—