Police Reform and Social Responsibility Bill (HL Bill 77)

for paragraph (f) substitute—

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

58 In section 411 (pensions), omit subsection (9).

59 In section 419 (taxation), in subsection (1)(b), for “Metropolitan Police
5Authority” substitute “Mayor’s Office for Policing and Crime”.

60 In Schedule 4 (exercise of functions during vacancy or temporary incapacity
of Mayor), omit—

(a) paragraph 9, and

(b) paragraph 17.

10Part 3 Other enactments

Tramways Act 1870

61 In the Tramways Act 1870, in the heading of section 61 (power for local or
police authorities to regulate traffic in roads), for “local or police
15authorities” substitute “local authorities and police”.

Riot (Damages) Act 1886

62 In the Riot (Damages) Act 1886, in section 9 (definitions), in paragraph (c) of
the definition of “compensation authority”, for “police authority” substitute
“local policing body”.

20Police (Property) Act 1897

63 (1) In the Police (Property) Act 1897, section 2 (regulations with respect to
unclaimed property in possession of police) is amended as follows.

(2) In subsection (2A)—

(a) for “relevant authority” (in each place) substitute “relevant body”;

(b) 25in paragraph (d), for “the authority” substitute “the relevant body”.

(3) In subsection (2B)—

(a) for “relevant authority” substitute “relevant body”;

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

Licensing Act 1902

64 30In the Licensing Act 1902, in section 6 (prohibition on sale of liquor to
persons declared to be habitual drunkards), for “police authority” (in each
place) substitute “local policing body”.

Local Government (Emergency Provisions) Act 1916

65 In the Local Government (Emergency Provisions) Act 1916, in section 21
35(interpretation), after “Provided that where any such authority is” insert “a
local policing body or”.

Police, Factories, &c (Miscellaneous Provisions) Act 1916

66 (1) In the Police, Factories, &c (Miscellaneous Provisions) Act 1916, section 5
(regulation of street collections) is amended as follows.

(2) In subsection (1A), for paragraph (b) substitute—

“(b) 5the Mayor’s Office for Policing and Crime, and”.

(3) In subsection (2)(b), for “a police authority” substitute “the Mayor’s Office
for Policing and Crime”.

Children and Young Persons Act 1933

67 The Children and Young Persons Act 1933 is amended as follows.

68 10In section 7 (sale of tobacco, etc, to persons under 18), in subsection (3), for
“police authority” substitute “local policing body”.

69 In section 12 (failing to provide for safety of children at entertainments), in
subsection (5)(b), for “police authority” substitute “chief officer of police”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

70 15The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.

71 In section 18 (protection of tenure, in connection with employment, under a
licence or a rent-free letting, by extension of the Rent Acts), in subsection
(6)—

(a) 20after “either by the” insert “relevant local policing body or”;

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

72 In section 20 (modifications of Rent Acts as respects occupation by
employees), in subsection (3)(b), after “required by the” insert “relevant local
policing body or”.

73 25In section 23 (interpretation of Part 2), in subsection (1), in the definition of
“relevant police authority”—

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

(b) for “the police authority” substitute “the local policing body or the
30police authority”.

74 In Schedule 2 (capacities in respect of which payments may be made under
Part 5, and paying authorities), in Part 1, in the second column of entry
number 4, at the beginning insert “The local policing body or”.

Town and Country Planning Act 1959

75 35In the Town and Country Planning Act 1959, in Part 1 of Schedule 4
(authorities in England and Wales to whom Part 2 applies), omit paragraph
8.

Land Compensation Act 1961

76 In the Land Compensation Act 1961, in section 29 (interpretation of Part 4),
in the definition of “local authority” in subsection (1), in paragraph (a) omit
“, or a combined police authority”.

5Trustee Investments Act 1961

77 The Trustee Investments Act 1961 is amended as follows.

78 In section 11 (Local Authority investment schemes), in subsection (4)(a), for
the words from “police authority” to “1996” substitute “police and crime
commissioner”.

79 10In Schedule 1 (manner of investment), in Part 2 (narrower-range of
investments requiring advice), in paragraph 9, for paragraph (d)
substitute—

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

Local Government (Records) Act 1962

80 15The Local Government (Records) Act 1962 is amended as follows.

81 In section 2 (acquisition and deposit of records), in subsection (6), omit the
words from “to a police authority” to “Metropolitan Police Authority,”.

82 In section 8 (interpretation), in subsection (1), omit the words from “a police
authority” to “Metropolitan Police Authority,”.

20Pipe-lines Act 1962

83 In the Pipe-lines Act 1962, in section 37 (fire brigades, police etc to be notified
of certain pipe-line accidents and to be furnished with information), in
subsections (1)(a) and (2)(a), after “rescue authority” insert “, local policing
body”.

25Offices, Shops and Railway Premises Act 1963

84 In the Offices, Shops and Railway Premises Act 1963, in section 90
(interpretation), in subsection (4)(c), after “maintained by” insert “a local
policing body or”.

Local Government Act 1966

85 30In the Local Government Act 1966, in section 11 (grants for certain
expenditure due to ethnic minority population), in subsection (2) for the
words from “police authority” to “Metropolitan Police Authority” substitute
“police and crime commissioner, the Mayor’s Office for Policing and
Crime”.

35Leasehold Reform Act 1967

86 (1) In the Leasehold Reform Act 1967, section 28 (retention or resumption of
land required for public purposes) is amended in accordance with this
paragraph.

(2) In subsection (5)(a), for the words from “police authority” to “Metropolitan
Police Authority” substitute “police and crime commissioner and the
Mayor’s Office for Policing and Crime”.

(3) In subsection (6), omit the second paragraph (a) (which appears after
5“However—”).

Superannuation (Miscellaneous Provisions) Act 1967

87 The Superannuation (Miscellaneous Provisions) Act 1967 is amended as
follows.

88 (1) Section 11 (pensions of certain persons transferring to different
10employment) is amended in accordance with this paragraph.

(2) In subsection (8), for “police authority” substitute “police pension
authority”.

(3) After subsection (8) insert—

“(9) In this section “police pension authority” means—

(a) 15the chief constable of any police force maintained under
section 2 of the Police Act 1996;

(b) the Commissioner of Police of the Metropolis;

(c) the Common Council of the City of London in its capacity as
a police authority; and

(d) 20any police authority within the meaning of the Police
(Scotland) Act 1967.”.

89 (1) Section 15 (superannuation of metropolitan civil staffs) is amended in
accordance with this paragraph.

(2) In subsection (1), in paragraph (a)(i), for “Metropolitan Police Authority”
25substitute “Mayor’s Office for Policing and Crime or the Commissioner of
Police of the Metropolis”.

(3) For subsection (2) substitute—

“(2) The Mayor’s Office for Policing and Crime shall have power to grant
pensions or other benefits to or in respect of persons who are
30members of the metropolitan civil staffs by virtue of employment by
that Office.

(2ZA) The Commissioner of Police of the Metropolis shall have power to
grant pensions or other benefits to or in respect of persons who are
members of the metropolitan civil staffs by virtue of employment by
35the Commissioner.”.

(4) In subsection (2A)—

(a) for “Metropolitan Police Authority” substitute “Mayor’s Office for
Policing and Crime, and the Commissioner of Police of the
Metropolis,”;

(b) 40for “it” substitute “that Office or Commissioner”.

(5) In subsection (6), for “and with the Metropolitan Police Authority”
substitute “with the Mayor’s Office for Policing and Crime, and with the
Commissioner of Police of the Metropolis”.

(6) In subsection (7), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime or the Commissioner of Police of the
Metropolis”.

Firearms Act 1968

90 5The Firearms Act 1968 is amended as follows.

91 In section 54 (application of Parts 1 and 2 to Crown servants), for subsection
(3)(b) substitute—

“(b) a civilian officer, or”.

92 In section 57 (interpretation), in subsection (4), for the definition of “civilian
10officer” substitute—

• ““civilian officer” means—

  (a)

  as respects England and Wales—

  (i)

  a person employed by a chief constable
  established under section 3 of the Police
  15Reform and Social Responsibility Act 2011,

  (ii)

  a person employed by the Commissioner of
  Police of the Metropolis, or

  (iii)

  a person employed by the Corporation of the
  City of London who is under the direction and
  20control of the Commissioner of Police for the
  City of London;

  (b)

  as respects Scotland, a person employed by a police
  authority who is under the direction and control of a
  chief officer of police;”.

25Employers’ Liability (Compulsory Insurance) Act 1969

93 In the Employers’ Liability (Compulsory Insurance) Act 1969, in section 3
(employers exempted from insurance), in subsection (2)(b), for “and any
police authority” substitute “, any local policing body, any chief constable
established under section 3 of the Police Reform and Social Responsibility
30Act 2011, and the Commissioner of Police of the Metropolis”.

Local Government Grants (Social Need) Act 1969

94 In the Local Government Grants (Social Need) Act 1969, in section 1
(provision of grants), in subsection (3), for the words from “police authority”
to “Metropolitan Police Authority” substitute “police and crime
35commissioner, the Mayor’s Office for Policing and Crime”.

Local Authorities (Goods and Services) Act 1970

95 In the Local Authorities (Goods and Services) Act 1970, in section 1 (supply
of goods and services by local authorities), in the definition of “public body”
in subsection (4), for the words from “police authority” to “1996” substitute
40“police and crime commissioner”.

Pensions (Increase) Act 1971

96 The Pensions (Increase) Act 1971 is amended as follows.

97 In Schedule 2 (official pensions), Part 2 (pensions out of local funds) is
amended in accordance with paragraphs 98 and 99.

98 (1) Paragraph 51 is amended in accordance with this paragraph.

(2) For “police authority” (in the first place) substitute “local policing body or a
5chief officer of police”.

(3) In sub-paragraph (a), for “such a police authority; or” substitute “a police
authority;”.

(4) After sub-paragraph (a), insert—

“(aa) service as a member of staff of a police and crime
10commissioner;

(ab) service as a member of staff of the Mayor’s Office for
Policing and Crime;

(ac) service as a member of the civilian staff of a police force;
or”.

(5) 15In sub-paragraph (b), for “by such a” substitute “by a chief constable
established under section 3 of the Police Reform and Social Responsibility
Act 2011, by the Commissioner of Police of the Metropolis or by a”.

(6) After sub-paragraph (b) insert—

“In this paragraph—

(a) 20references to the staff of a police and crime commissioner,
the staff of the Mayor’s Office for Policing and Crime, and
the civilian staff of a police force, have the same meanings
as in Part 1 of the Police Reform and Social Responsibility
Act 2011;

(b) 25“police force” includes the metropolitan police force.”.

99 In paragraph 52, after “A pension payable by” insert “a police and crime
commissioner, the Mayor’s Office for Policing and Crime, a chief constable
established under section 3 of the Police Reform and Social Responsibility
Act 2011, the Commissioner of Police of the Metropolis or”.

100 30In Schedule 6 (employments relevant to section 13(2)(a)), in sub-paragraph
(c)—

(a) after “Metropolitan Police Authority” insert “or the Mayor’s Office
for Policing and Crime”;

(b) after “employment” insert “before the repeal of section 14(4) of the
35Police Act 1996”;

(c) after “Fund” insert “or employment after that repeal”.

Local Government Act 1972

101 The Local Government Act 1972 is amended as follows.

102 In section 60 (procedure for reviews), in subsection (2)(a)(i) and (c) and
40subsection (5)(b), for “police authority” substitute “police and crime
commissioner”.

103 In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit
the words from “and a police authority” to “Metropolitan Police Authority”.

104 In section 99 (meetings and proceedings of local authorities), omit the words
from “police authorities” to “Metropolitan Police Authority,”.

105 (1) Section 100J (application to new authorities, Common Council, etc) is
amended in accordance with this paragraph.

(2) 5In subsection (1), omit paragraphs (e) and (eza).

(3) In subsection (3), omit “, (e), (eza)”.

(4) In subsection (4)(a)—

(a) after “economic prosperity board,” insert “or”;

(b) omit the words from “or a police authority” to “Metropolitan Police
10Authority”.

106 In section 101 (arrangements for discharge of functions by local authorities),
in subsection (13) omit “except a police authority”.

107 (1) Section 107 (application of foregoing provisions to police authorities) is
amended as follows.

(2) 15In the title, for “police authorities” substitute “the Common Council”.

(3) For subsection (1) substitute—

“(1) In their application to the Common Council as police authority,
sections 101 to 106 shall have effect subject to the following
provisions of this section (and in those provisions references to the
20Common Council are references to the Council as police authority).”.

(4) In subsection (2)—

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

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

(c) 25for “a police authority” substitute “the Common Council”.

(5) In subsection (3)—

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

(b) for the words from “by” to the end substitute “by the Common
Council”.

(6) 30In subsection (3A)—

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

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

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

(7) In subsection (3B)—

(a) 35for “a police authority” substitute “the Common Council”;

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

(8) In subsection (4)—

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

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

(9) 40In subsection (4A)(c), for “a police authority” substitute “the Common
Council”.

(10) In subsection (5), for “a police authority” substitute “the Common Council”.

(11) Omit subsection (7).

(12) In subsection (8)—

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

(b) for “any such authority or authorities” substitute “the Common
5Council”;

(c) for the words from “by” to the end, substitute “by the Common
Council”.

108 (1) Section 146A (Joint Authorities) is amended in accordance with this
paragraph.

(2) 10In subsection (1)—

(a) after “joint waste authority,” insert “and”;

(b) omit the words from “a police authority” to “Metropolitan Police
Authority”.

(3) Omit subsections (1A) to (1C).

109 15In section 223 (appearance of local authorities in legal proceedings), in
subsection (2), for the words from “police authority” to “Metropolitan Police
Authority” substitute “police and crime commissioner and the Mayor’s
Office for Policing and Crime”.

110 In section 228 (inspection of documents), in subsection (7A)—

(a) 20after “economic prosperity board,” insert “or”;

(b) omit the words from “or a police authority” to “Metropolitan Police
Authority”.

111 In section 229 (photographic copies of documents), in subsection (8), for the
words from “and a police authority” to “Metropolitan Police Authority”
25substitute “, a police and crime commissioner and the Mayor’s Office for
Policing and Crime”.

112 In section 231 (service of notices on local authorities, etc), in subsection (4),
for the words from “and a police authority” to “Metropolitan Police
Authority” substitute “, a police and crime commissioner and the Mayor’s
30Office for Policing and Crime”.

113 In section 232 (public notices), in subsection (1A), for the words from “and a
police authority” to “Metropolitan Police Authority” substitute “, a police
and crime commissioner and the Mayor’s Office for Policing and Crime”.

114 In section 233 (service of notices by local authorities), in subsection (11), for
35the words from “and a police authority” to “Metropolitan Police Authority”
substitute “, a police and crime commissioner and the Mayor’s Office for
Policing and Crime”.

115 In section 234 (authentication of documents), in subsection (4), for the words
from “and a police authority” to “Metropolitan Police Authority” substitute
40“, a police and crime commissioner and the Mayor’s Office for Policing and
Crime”.

116 (1) Schedule 12 (meetings and proceedings of local authorities) is amended in
accordance with this paragraph.

(2) In paragraph 6A(1)—

(a) 45after “economic prosperity board,” insert “or”;

(b) omit the words from “or a police authority” to “Metropolitan Police
Authority”.

(3) In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes
it.)

(4) 5In paragraph 46, omit the words from “and a police authority” to
“Metropolitan Police Authority”.

Superannuation Act 1972

117 (1) In the Superannuation Act 1972, in Schedule 1 (kinds of employment, etc,
referred to in section 1),  the entries headed “Other Bodies” are amended in
10accordance with this paragraph.

(2) After the entry relating to employment by the Commissioner for Public
Appointments in Scotland, insert—

“Employment by the Commissioner of Police of the Metropolis.”.

(3) For “The Metropolitan Police Authority.” substitute “Employment by the
15Mayor’s Office for Policing and Crime.”.

Employment Agencies Act 1973

118 In the Employment Agencies Act 1973, in section 13 (interpretation), in
subsection (7)—

(a) in paragraph (f), omit the words from “, a police authority” to “1996”;

(b) 20for paragraph (fa) substitute—

“(fa) the exercise by a police and crime commissioner of
any of the commissioner’s functions;

(fb) the exercise by the Mayor’s Office for Policing and
Crime of any of that Office’s functions;

(fc) 25the exercise by a chief constable established under
section 3 of the Police Reform and Social
Responsibility Act 2011 of any of the chief constable’s
functions;

(fd) the exercise by the Commissioner of Police of the
30Metropolis of any of the Commissioner’s functions;”.

Health and Safety at Work etc Act 1974

119 (1) In the Health and Safety at Work etc Act 1974, section 51A (application of
Part to police) is amended as follows.

(2) In subsection (2)—

(a) 35in paragraph (a), for “means the chief officer of police” substitute
“means—

“(i) the chief officer of police of that force, or

(ii) in the case of a member of the force or a special
constable who is, by virtue of a collaboration
40agreement under section 22A of the Police Act
1996, under the direction and control of a chief
officer (within the meaning given by section
23I of that Act), that chief officer,”;

(b) in paragraph (c), for “means the person who has the direction and
control of the body of constables or cadets in question” substitute
“means—

“(i) the person who has the direction and control
5of the body of constables or cadets in question,
or

(ii) in the case of a constable who is, by virtue of a
collaboration agreement under section 22A of
the Police Act 1996, under the direction and
10control of a chief officer (within the meaning
given by section 23I of that Act), that chief
officer.”.

(3) In subsection (2A), after “shall” insert “, if not a corporation sole,”.

Local Government Act 1974

120 15The Local Government Act 1974 is amended as follows.

121 In section 25 (authorities subject to investigation), in subsection (1), for
paragraphs (ca) and (caa) substitute—

“(ca) any police and crime commissioner;

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

122 20In Schedule 5 (matters not subject to investigation), in paragraph 2 for
“police authority” substitute “local policing body”.

House of Commons Disqualification Act 1975

123 In the House of Commons Disqualification Act 1975, in section 1
(disqualification of holders of certain offices and places), in subsection (1)(d)
25after “maintained by” insert “a local policing body or”.

Northern Ireland Assembly Disqualification Act 1975

124 In the Northern Ireland Assembly Disqualification Act 1975, in section 1
(disqualification of holders of certain offices and places), in subsection (1)(d)
after “maintained by” insert “a local policing body or”.

30Local Government (Miscellaneous Provisions) Act 1976

125 The Local Government (Miscellaneous Provisions) Act 1976 is amended as
follows.

126 In section 30 (power to forego repayments of advances of remuneration paid
to deceased employees), for subsection (3) substitute—

“(3) 35For the purposes of this section—

(a) the cases in which a person is in the employment of a local
authority are to be taken to include cases where a person is a
member of a police force maintained by a local authority; and

(b) in such cases, references to employment are to be construed
40accordingly.”.

127 In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a)
of the definition of “local authority”, for the words from “police authority”