Police Reform and Social Responsibility Bill (HL Bill 77)

to “Metropolitan Police Authority” substitute “police and crime
commissioner, the Mayor’s Office for Policing and Crime”.

Police Pensions Act 1976

128 The Police Pensions Act 1976 is amended as follows.

129 5In section 1 (police pensions regulations), in subsection (2A), for “police
authorities” substitute “police pension authorities”.

130 In section 6 (appeals)—

(a) in subsection (1)(a), for “police authority” substitute “police pension
authority”;

(b) 10in subsection (2)—

(i) for “police authority” substitute “police pension authority”;

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

(iii) for “they are” substitute “that authority is”;

(c) in subsection (3), for “police authority” substitute “police pension
15authority”.

131 In section 8A (information in connection with police pensions etc), for
“police authority” (in each place) substitute “police pension authority”.

132 (1) Section 11 (interpretation) is amended in accordance with this paragraph.

(2) In subsection (2), the second paragraph (g) becomes paragraph (h).

(3) 20In subsection (2), for the words before paragraph (a), substitute—

“(2) In this Act—

• “police pension authority” means—

  (a)

  the chief constable of any police force maintained
  under section 2 of the Police Act 1996;

  (b)

  25the Commissioner of Police of the Metropolis;

  (c)

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

  (d)

  any police authority within the meaning of the Police
  (Scotland) Act 1967;

• 30“pension supervising authority” means—

  (a)

  any local policing body within the meaning of the
  Police Act 1996; and

  (b)

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

(2A) 35But—”

(and, accordingly, paragraphs (a) to (h) of subsection (2) become those
paragraphs of subsection (2A)).

(4) In subsection (2A), in paragraphs (a) to (h), for “it” (in each place) substitute
““police pension authority” or “pension supervising authority””.

133 40In Schedule 1 (pensions under repealed enactments), in paragraph 2
(forfeiture of pensions), for “police authority” (in each place) substitute
“pension supervising authority”.

Race Relations Act 1976

134 (1) In the Race Relations Act 1976, Schedule 1A (bodies and other persons
subject to general statutory duty) is amended in accordance with this
paragraph.

(2) 5In Part 1—

(a) for paragraph 55 substitute—

“55 A police and crime commissioner established under
section 1 of the Police Reform and Social Responsibility Act
2011.”;

(b) 10for paragraph 57 substitute—

“57 The Mayor’s Office for Policing and Crime established
under section 4 of the Police Reform and Social
Responsibility Act 2011.”.

(3) In Part 2, omit “A Selection Panel for Independent Members of Police
15Authorities.”.

Rent (Agriculture) Act 1976

135 In the Rent (Agriculture) Act 1976, in section 5 (no statutory tenancy where
landlord’s interest belongs to Crown or to local authority etc), in subsection
(3), for paragraph (baa) substitute—

“(baa) 20a police and crime commissioner;”.

Rent Act 1977

136 In the Rent Act 1977, in section 14 (landlord’s interest belonging to local
authority etc), in subsection (1), for paragraph (caa) substitute—

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

25Highways Act 1980

137 The Highways Act 1980 is amended as follows.

138 In section 118B (stopping up of certain highways for purposes of crime
prevention etc), in subsection (6), for “police authority” substitute “local
policing body”.

139 30In section 119B (diversion of certain highways for purposes of crime
prevention etc), in subsection (6), for “police authority” substitute “local
policing body”.

140 In section 120 (exercise of powers of making public path extinguishment and
diversion orders), in subsection (3B), for “police authority” substitute “local
35policing body”.

Local Government, Planning and Land Act 1980

141 The Local Government, Planning and Land Act 1980 is amended as follows.

142 In section 99 (directions to dispose of land — supplementary), in subsection
(4), for paragraphs (dc) and (dcc) substitute—

“(dc) 40a police and crime commissioner;

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

143 In Schedule 16 (bodies to whom Part 10 applies), for paragraphs 5C and 5CC
substitute—

“5C A police and crime commissioner.

5CC 5The Mayor’s Office for Policing and Crime.”.

Acquisition of Land Act 1981

144 In the Acquisition of Land Act 1981, in section 17(4) (local authority and
statutory undertakers’ land), in paragraph (a) of the definition of “local
authority”, omit “, a police authority established under section 3 of the Police
10Act 1996”.

Animal Health Act 1981

145 In the Animal Health Act 1981, in section 10A(1)(a) (annual review of import
controls), omit “, police authorities”.

Finance Act 1981

146 15In the Finance Act 1981, in section 107 (sale of houses at discount by local
authorities etc), in subsection (3)(k)—

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

(b) for “1996 or” substitute “1996, or a police authority within the
meaning of”.

20Aviation Security Act 1982

147 The Aviation Security Act 1982 is amended as follows.

148 In section 24AG (security executive groups), in subsection (2)(c), at the
beginning insert “in the case of an aerodrome in Scotland or Northern
Ireland,”.

149 25In section 24AT (interpretation), in subsection (6)(c), at the beginning insert
“in the case of an aerodrome in Scotland or Northern Ireland,”.

150 (1) Section 25B (police services agreements) is amended as follows.

(2) In subsection (4)(b), at the beginning insert “in the case of an aerodrome in
Scotland or Northern Ireland,”.

(3) 30After subsection (4) insert—

“(4A) Before entering into a police services agreement relating to an
aerodrome in England or Wales, or a variation of such an agreement,
the chief officer of police for the relevant police area must consult the
local policing body for that area.”.

151 35In section 25E (discharge of functions of relevant persons in relation to police
services agreements), in subsection (2)(c)—

(a) after “incurred by” insert “the local policing body (in the case of an
aerodrome in England or Wales) or”;

(b) after “police authority” insert “(in the case of an aerodrome in
40Scotland or Northern Ireland)”.

152 In section 26 (exercise of police functions at relevant aerodromes)—

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

(b) in subsection (2C)(a), after “reimburse the” insert “body or”.

153 5In section 29 (control of road traffic at relevant aerodromes), in subsection
(2)(a), for “police authority” substitute “chief officer of police (in the case of
an aerodrome in England or Wales) or the police authority (in any other
case)”.

154 In section 29D (dispute resolution: powers), for “police authority” (in each
10place) substitute “local policing body or police authority”.

155 (1) Section 31 (interpretation of Part 3 etc) is amended in accordance with this
paragraph.

(2) In subsection (1), in the definition of “relevant persons”, at the end insert “,
as read with subsection (1ZA) below”.

(3) 15After subsection (1) insert—

“(1ZA) In relation to a dispute about payments to be made which is within
section 29A(2)(d) and concerns an aerodrome in England or Wales,
“relevant persons” includes the local policing body for the relevant
police area.”.

20Local Government (Miscellaneous Provisions) Act 1982

156 The Local Government (Miscellaneous Provisions) Act 1982 is amended as
follows.

157 In section 33 (enforceability by local authorities of certain covenants relating
to land), in subsection (9)(a), for the words from “police authority” to
25“Metropolitan Police Authority” substitute “police and crime commissioner,
the Mayor’s Office for Policing and Crime,”.

158 In section 41 (lost and uncollected property), in the definition of “local
authority” in subsection (13), for paragraphs (ca) and (caa) substitute—

“(ca) a police and crime commissioner; and

(caa) 30the Mayor’s Office for Policing and Crime; and.”

Stock Transfer Act 1982

159 In the Stock Transfer Act 1982, in Schedule 1 (specified securities), in
paragraph 7(1), for sub-paragraph (ba) substitute—

“(ba) any police and crime commissioner.”.

35County Courts Act 1984

160 In the County Courts Act 1984, in section 60 (right of audience), in subsection
(3), in the definition of “local authority” 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”.

40Police and Criminal Evidence Act 1984

161 The Police and Criminal Evidence Act 1984 is amended as follows.

162 In section 30 (arrest elsewhere than at a police station), in subsection (4)(b),
for “police authority” substitute “local policing body”.

163 In section 36 (custody officers at police stations), in subsection (9), for “police
authority” substitute “local policing body”.

164 (1) 5Section 67 (codes of practice: supplementary) is amended in accordance with
this paragraph.

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

“(a) such persons as appear to the Secretary of State to represent
the views of police and crime commissioners,

(aa) 10the Mayor’s Office for Policing and Crime,

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

(3) In subsection (9A)(a), for “police authority employees” substitute “civilian
staff”.

Road Traffic Regulation Act 1984

165 15The Road Traffic Regulation Act 1984 is amended as follows.

166 In section 26 (arrangements for patrolling school crossings), in subsection
(5)—

(a) for “police authority” (in the first place) substitute “chief officer of
police of the police force maintained”;

(b) 20for “police authority” (in the second place) substitute “chief officer”.

167 (1) Section 95 (appointment of traffic wardens) is amended in accordance with
this paragraph.

(2) In subsection (1)—

(a) for “A police authority in England or Wales may” substitute “A chief
25officer of police in England and Wales (other than the Commissioner
of Police for the City of London), and the Common Council of the
City of London may,”;

(b) after “so appointed” insert “by the Common Council”;

(c) for “police authority” (in the last place) substitute “Common
30Council”.

(3) In subsection (4)—

(a) for “A police authority” substitute “A person”;

(b) after “subsection (1) above” insert “(the “employer”)”;

(c) in paragraph (a), for “the police authority provide” substitute “the
35employer provides”;

(d) in paragraph (b), for “the police authority” substitute “the
employer”.

(4) In subsection (6), for “police authority” substitute “person”.

168 (1) Section 97 (supplementary provisions as to traffic wardens) is amended in
40accordance with this paragraph.

(2) In subsection (1)—

(a) for “the police authority” (in the first place) substitute “their
employer”;

(b) for “the police authority” (in the second place) substitute “that
employer”.

(3) In subsection (3)—

(a) after “functions of” insert “the Common Council or”;

(b) 5after “maintained by” insert “the Common Council or”.

(4) In subsection (5)—

(a) after “Any power” insert “of a person”;

(b) for “police authority” substitute “person”.

Housing Act 1985

169 10In the Housing Act 1985, in section 4 (other descriptions of authority), in
subsection (1)(e), for the words from “police authority” to “Police Act 1996”
substitute “police and crime commissioner”.

Housing Associations Act 1985

170 In the Housing Associations Act 1985, in section 106 (minor definitions -
15general), in the definition of “local authority” in subsection (1), 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”.

Landlord and Tenant Act 1985

171 20In the Landlord and Tenant Act 1985, in section 38 (minor definitions), in the
definition of local authority, 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”.

Prosecution of Offences Act 1985

172 25In the Prosecution of Offences Act 1985, in section 3 (functions of the
director), in subsection (3), in the definition of “police force”, for “police
authority under the Police Act 1996” substitute “local policing body”.

Local Government Act 1986

173 The Local Government Act 1986 is amended as follows.

174 30In section 6 (interpretation and application of Part 2), in subsection (2)(a), 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”.

175 35In section 9 (interpretation and application of Part 3), in subsection (1)(a), 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”.

Channel Tunnel Act 1987

176 (1) In the Channel Tunnel Act 1987, section 14 (arrangements for the policing of
the tunnel system) is amended as follows.

(2) In subsection (4)—

(a) 5for “Kent Police Authority” substitute “Police and Crime
Commissioner for Kent”;

(b) for “that Authority” substitute “that Commissioner”.

(3) In subsection (5)—

(a) for “Kent Police Authority” substitute “Police and Crime
10Commissioner for Kent”;

(b) for “the Authority” (in the first place) substitute “the Commissioner”.

Landlord and Tenant Act 1987

177 In the Landlord and Tenant Act 1987, in section 58 (exempt landlords and
resident landlords), in subsection (1)(a), for the words from “police
15authority” to “1996” substitute “a police and crime commissioner”.

Dartford-Thurrock Crossing Act 1988

178 In section 19 of the Dartford-Thurrock Crossing Act 1988, in section 19
(exemption from tolls), for paragraph (a)(i) substitute—

“(i) a local policing body;”.

20Housing Act 1988

179 In the Housing Act 1988, in Schedule 1 (tenancies which cannot be assured
tenancies), in paragraph 12(2) of Part 1 (local authority tenancies etc), for
sub-paragraph (g) substitute—

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

25Local Government Act 1988

180 In the Local Government Act 1988, in Schedule 2 (public supply or works
contracts: the public authorities), omit the words from “A police authority”
to “Metropolitan Police Authority”.

Local Government Finance Act 1988

181 30The Local Government Finance Act 1988 is amended as follows.

182 In section 65A (Crown property), in subsection (4)(b), for the words from
“police authority” to “1996” substitute “police and crime commissioner”.

183 In section 74 (levies)—

(a) in subsection (1)(c), omit “, combined police authority”;

(b) 35in subsection (4)(bb), for “Metropolitan Police Authority” substitute
“Mayor’s Office for Policing and Crime”.

184 In section 84F (determination of grant)—

(a) for “police authorities” (in each place) substitute “police and crime
commissioners”;

(b) omit subsection (7).

185 In section 84Q (application of this Chapter etc)—

(a) in subsection (2), for “police authorities” substitute “police and crime
commissioners”;

(b) 5omit subsection (3).

186 In section 88B (special grants), in subsection (10), for the words from “police
authority” to “1996” substitute “police and crime commissioner”.

187 In section 111 (interpretation)—

(a) in subsection (2), for paragraph (e) substitute—

“(e) 10a police and crime commissioner,

(ea) a chief officer of police (which, for this purpose,
means a chief constable of a police force maintained
under section 2 of the Police Act 1996 or the
Commissioner of Police of the Metropolis),”;

(b) 15in subsection (3), at the end insert “and the 2011 Act is the Police
Reform and Social Responsibility Act 2011”.

188 In section 112 (financial administration as to certain authorities), omit
subsection (2)(a).

189 (1) Section 114 (functions of responsible officer as respects reports) is amended
20in accordance with this paragraph.

(2) In subsection (1), after “1999 Act” insert “, or Schedule 1, 2 or 4 to the 2011
Act”.

(3) In subsection (2), for “a police force maintained by the authority” substitute
“the relevant police force”.

(4) 25In subsection (3A), after “relevant authority” insert “(except where the
relevant authority is a chief officer of police)”.

(5) For subsection (4)(b) substitute—

“(b) in the case of—

(i) a police and crime commissioner, the commissioner
30and each member of the police and crime panel for the
commissioner’s police area;

(ii) the Mayor’s Office for Policing and Crime, that Office
and each member of the police and crime panel of the
London Assembly;

(iii) 35a chief officer of police, the chief officer and the
elected local policing body; and

(iv) any other relevant authority, each person who is at
that time a member of the authority; and”.

(6) After subsection (8) insert—

“(8A) 40In this section “relevant police force”, in relation to the chief finance
officer of a relevant authority, means—

(a) in the case where the relevant authority is a chief officer of
police, the police force of which that person is chief officer;

(b) in any other case, the police force maintained by the relevant
45authority.”.

190 (1) Section 115 (authority’s duties as regards reports) is amended as follows.

(2) After subsection (1A) insert—

“(1B) In the case of report made by the chief finance officer of an elected
local policing body, that body must consider the report and decide
5whether the body agrees or disagrees with the views contained in the
report and what action (if any) the body proposes to take in
consequence of it.

(1C) In the case of a report made by the chief finance officer of a chief
officer of police, the chief officer of police must consider the report
10and decide whether the chief officer of police agrees or disagrees
with the views contained in the report and what action (if any) the
chief officer of police proposes to take in consequence of it.

(1D) The consideration and decision-making must be concluded not later
than the end of the period of 21 days beginning with the day on
15which copies of the report are sent.

(1E) As soon as practicable after the elected local policing body, or the
chief officer of police, has concluded the consideration of the chief
finance officer’s report, that body or chief officer must prepare a
report which specifies—

(a) 20what action (if any) that body or chief officer has taken in
response to the report;

(b) what action (if any) that body or chief officer proposes to take
in response to the report; and

(c) the reasons for taking the action specified in the report or, as
25the case may be, for taking no action.

(1F) As soon as practicable after the elected local policing body has
prepared a report under subsection (1E), the elected local policing
body must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) 30the person who at the time the report is made has the duty to
audit the elected local policing body’s accounts; and

(c) each member of the police and crime panel for the police area
for which the elected local policing body is established.

(1G) As soon as practicable after the chief officer of police has prepared a
35report under subsection (1E), the chief officer of police must arrange
for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to
audit the chief officer’s accounts; and

(c) 40the elected local policing body which maintains the police
force in which the chief officer serves.”.

(3) In subsection (2), at the beginning insert “In the case of any authority other
than an elected local policing body or a chief officer of police,”.

(4) In subsection (9), after “subsection” insert “(1B), (1C) or”.

(5) 45In subsection (10), after “If subsection” insert “(1B), (1C)”.

(6) In subsection (11), for “at the meeting” substitute “under subsection (1B),
(1C) or (2)”.

191 (1) Section 116 (information about meetings) is amended in accordance with
this paragraph.

(2) 5In the title, for “meetings” substitute “consideration of reports etc”.

(3) After subsection (2A) insert—

“(2B) In the case of an elected local policing body, the chief finance
officer of that body must notify the body’s auditor of any decisions
taken by the body in accordance with section 115.

(2C) 10In the case of a chief officer of police, the chief officer of police’s
chief finance officer must notify that chief officer of police’s
auditor of any decisions taken by the chief officer of police in
accordance with section 115.”.

192 In section 117 (rates and precepts: abolition), in subsection (5), omit “,
15combined police authority”.

Road Traffic Act 1988

193 The Road Traffic Act 1988 is amended as follows.

194 In section 65A (motor cycles not to be sold without EC certificate of
conformity), in subsection (5)(d), after “to a” insert “local policing body or”.

195 (1) 20Section 67 (testing of condition of vehicles on roads) is amended in
accordance with this paragraph.

(2) In subsection (4)—

(a) in paragraph (e), omit “and”;

(b) after paragraph (e) insert—

“(ea) 25a person appointed by a chief officer of police in
England or Wales (other than the Commissioner of
Police for the City of London) to act, under the
directions of that chief officer, for the purposes of this
section, and”;

(c) 30in paragraph (f), after “police area” insert “in Scotland, or by the
Common Council of the City of London,”.

(3) In subsection (5), after “(d)” insert “, (ea)”.

196 In section 78 (weighing of motor vehicles), in subsection (8)(b), after “by a”
(in the second place), insert “local policing body or a”.

197 35In section 124 (exemption of police instructors from prohibition imposed by
section 123), in subsection (2), in paragraph (b) of the definition of “civilian
instructor”, for “a police authority” substitute “a chief officer of police in
England or Wales (other than the Commissioner of Police for the City of
London), the Common Council of the City of London in its capacity as police
40authority, or a police authority”.

198 (1) Section 144 (exceptions from requirement of third-party insurance or
security) is amended in accordance with this section.

(2) In subsection (2)(a), omit “(other than a police authority)”.