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)—

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

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

(c) 40for “police authorities” substitute “local policing bodies”.

(3) Before subsection (7) insert—

“(6B) In this section “local policing body” includes—

(a) a police authority in Scotland, and

(b) the Northern Ireland Policing Board.”.

47 Omit Schedules 2 and 2A.

48 (1) Schedule 6 (appeals to Police Appeals Tribunals) is amended in accordance
with this paragraph.

(2) In paragraph 2(1)—

(a) 5for “four members” substitute “three members”;

(b) for “relevant police authority” (in the first place) substitute “relevant
local policing body”;

(c) in sub-paragraph (b), at the end insert “and”;

(d) omit sub-paragraph (c).

(3) 10In paragraph 9, for “relevant police authority” (in each place) substitute
“relevant local policing body”.

(4) In paragraph 10(b), for “relevant police authority” means the police
authority” substitute “relevant local policing body” means the local policing
body”.

15Part 2 Greater London Authority Act 1999

49 The Greater London Authority Act 1999 is amended in accordance with this
Part.

50 In section 45 (Mayor’s periodic report to Assembly), in subsection (7)(b), for
20“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

51 In section 54 (discharge of functions by committees or single members), omit
subsection (6).

52 In section 61 (power to require attendance at Assembly meetings), in
25subsection (12), omit paragraph (a).

53 In section 86 (provisions supplemental to section 85), in subsection (2), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

54 (1) Section 90 (the special item for the purposes of section 89) is amended as
30follows.

(2) In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.

(3) In subsection (2)—

(a) for “Metropolitan Police Authority” (in each place) substitute
35“Mayor’s Office for Policing and Crime”;

(b) in paragraph (b), for “that Authority” substitute “that Office”.

55 In section 389 (the Superannuation Act 1972), in subsection (1)(d), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

56 40In section 404 (discrimination), in subsection (1)(b), for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.

57 In section 408 (transfers of property, rights or liabilities), in subsection (2),