Police Reform and Social Responsibility Bill (HL Bill 77)

(3) In subsection (2)(b)—

(a) after “owned by” insert “a local policing body or”;

(b) after “constable,” insert “by a member of a police and crime
commissioner’s staff (within the meaning of Part 1 of the Police
5Reform and Social Responsibility Act 2011), by a member of the staff
of the Mayor’s Office for Policing and Crime (within the meaning of
that Part of that Act), by a person employed by the Common Council
of the City of London in its capacity as a police authority,”.

Road Traffic Offenders Act 1988

199 (1) 10In the Road Traffic Offenders Act 1988, section 79 (statements by constables)
is amended as follows.

(2) In subsection (2), for “by the police authority” substitute “as a civilian police
employee”.

(3) After subsection (5), insert—

“(5A) 15For the purposes of subsection (2), a person is employed as a civilian
police employee for a police area if—

(a) in the case of a police area listed in Schedule 1 to the Police
Act 1996, the person is a member of the civilian staff of the
police force (within the meaning of Part 1 of the Police
20Reform and Social Responsibility Act 2011) maintained for
that area;

(b) in the case of the metropolitan police district, the person is a
member of the civilian staff of the Mayor’s Office for Policing
and Crime (within the meaning of that Part of that Act);

(c) 25in the case of the City of London, the person is employed by
the Common Council of the City of London in its capacity as
police authority.”.

Local Government and Housing Act 1989

200 The Local Government and Housing Act 1989 is amended as follows.

201 30In section 1 (disqualification and political restriction of certain officers and
staff), after subsection (8) insert—

“(9) In this section a reference to a person holding a politically restricted
post under a local authority includes a reference to every member of
the staff of an elected local policing body.”.

202 (1) 35Section 4 (designation and reports of head of paid service) is amended in
accordance with this paragraph.

(2) After subsection (1) insert—

“(1A) In the case of an elected local policing body, the body’s chief
executive is to be taken to have been designated as the head of the
40body’s paid service (and, accordingly, subsection (1)(a) does not
apply; but references to persons designated under this section
include references to the body’s chief executive).”.

(3) In subsection (4), for “sent to” substitute “sent—

(a) in the case of an elected local policing body, to the body and
to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(4) 5In subsection (5), after “relevant authority” insert “(other than an elected
local policing body)”.

(5) After subsection (5) insert—

“(5A) It shall be the duty of an elected local policing body to consider any
report under this section by the head of the body’s paid service, and
10to do so no later than three months after the body is sent a copy of the
report.”.

(6) In subsection (6)(a), after “below” insert “and an elected local policing
body”.

203 (1) Section 5 (designation and reports of monitoring officer) is amended in
15accordance with this paragraph.

(2) In subsection (1), in the words after paragraph (b), omit the words from
“(or,” to “authority” (in the last place).

(3) After subsection (1B) insert—

“(1C) In the case of an elected local policing body, the body’s chief
20executive is to be taken to have been designated as the monitoring
officer (and, accordingly, subsection (1)(a) does not apply; but
references to persons designated under this section include
references to the body’s chief executive).”.

(4) In subsection (3)(b), for “sent to” substitute “sent—

(a) 25in the case of an elected local policing body, to the body and
to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(5) In subsection (5)(a), for “deputy at” substitute “deputy—

(i) in the case of an elected local policing body, no later
30than three months after the body is sent a copy of the
report; and

(ii) in any other case, at”.

(6) In subsection (8)—

(a) in the definition of “chief finance officer”, after “1999” insert “,
35Schedule 1 to the Police Reform and Social Responsibility Act 2011”;

(b) in paragraph (a) of the definition of “relevant authority”, after
“below” insert “and an elected local policing body”.

204 In section 7 (all staff to be appointed on merit), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) 40after paragraph (a) insert—

“(aa) an elected local policing body, or”.

205 (1) Section 21 (interpretation of Part 1) is amended in accordance with this
paragraph.

(2) In subsection (1), omit paragraph (g).

206 In section 67 (application of, and orders under, Part 5), in subsection (3), omit
paragraph (i).

207 (1) Section 155 (emergency financial assistance to local authorities) is amended
as follows.

(2) 5In subsection (1A), in paragraph (b) for “Metropolitan Police Authority”
substitute “Mayor’s Office for Policing and Crime”.

(3) In subsection (4), for paragraph (ea) substitute—

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

Aviation and Maritime Security Act 1990

208 10In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power
to require harbour authorities to promote searches in harbour areas), for “in
England, Scotland or Wales by a police authority” substitute “in England or
Wales by a local policing body, in Scotland by a police authority, or in
England, Wales or Scotland by”.

15Town and Country Planning Act 1990

209 The Town and Country Planning Act 1990 is amended as follows.

210 In section 252 (procedure for making orders), in subsection (12), in the
definition of “local authority”, for the words from “police authority” to
“Metropolitan Police Authority” substitute “police and crime commissioner,
20the Mayor’s Office for Policing and Crime,”.

211 In section 336 (interpretation), in subsection (1), in the definition of “local
authority”, in paragraph (a), for “Metropolitan Police Authority” substitute
“Mayor’s Office for Policing and Crime”.

War Crimes Act 1991

212 25In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

Local Government Finance Act 1992

213 In the Local Government Finance Act 1992, in section 19 (exclusion of Crown
30exemption in certain cases), for subsection (3)(c) substitute—

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

Welsh Language Act 1993

214 In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for
paragraph (d) substitute—

“(d) 35a police and crime commissioner;”.

Deregulation and Contracting Out Act 1994

215 The Deregulation and Contracting Out Act 1994 is amended as follows.

216 In section 79A (meaning of “local authority” in England), omit paragraph
(o).

217 In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

218 In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain
cases), in subsection (3)(f), at the beginning insert “a police and crime
5commissioner, the Mayor’s Office for Policing and Crime and”.

Criminal Appeal Act 1995

219 In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc),
in subsection (2)(a) and (b)(iii), for “police authority” substitute “local
policing body”.

10Employment Rights Act 1996

220 In the Employment Rights Act 1996, in section 50 (right to time off for public
duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

221 In the Housing Grants, Construction and Regeneration Act 1996, in section
153 (ineligible applicants) for subsection (2)(g) substitute—

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

Police Act 1997

222 The Police Act 1997 is amended as follows.

223 In section 107 (supplementary provisions relating to Commissioners), in
20subsection (4)(a), after “any” insert “local policing body or”.

224 In section 119 (sources of information), in subsections (3) and (7), after
“appropriate” insert “local policing body or”.

225 In section 126 (interpretation of Part 5), in the definition of “police authority”
in subsection (1), for “Great Britain” substitute “Scotland”.

25Police (Health and Safety) Act 1997

226 In the Police (Health and Safety) Act 1997, in section 5 (payment of damages,
compensation and fines out of certain funds), in subsection (3), in paragraph
(a) of the definition of “the relevant authority”, for “police authority”
substitute “local policing body”.

30Audit Commission Act 1998

227 The Audit Commission Act 1998 is amended as follows.

228 (1) Section 32 (documents relating to police authorities etc) is amended in
accordance with this paragraph.

(2) In subsection (1), for the words from “relates” to the end, substitute “relates
35to an elected local policing body or to a chief officer of police.”

(3) In subsection (2)—

(a) in paragraph (a)—

(i) for the words from “relates” to “1996” substitute “relates to
one or more elected local policing bodies”;

(g) for “an authority” substitute “a body”;

(b) after paragraph (a) insert—

“(aa) 5relates to one or more chief officers of police and has
been sent (or a copy of which has been sent) by the
Commission to such a chief officer.”.

(4) For subsection (3) substitute—

“(3) In this section “chief officer of police” means—

(a) 10a chief constable for a police force maintained under section
2 of the Police Act 1996, and

(b) the Commissioner of Police of the Metropolis.”.

229 In section 32B (mandatory provision of data), omit subsection (5)(c).

230 In section 47A (reports relating to performance of English local authorities),
15in subsection (5), omit the words from “, other” to the end.

231 In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph
(k) substitute—

“(k) a police and crime commissioner;

(ka) a chief constable for a police force maintained under
20section 2 of the Police Act 1996;

(kb) the Commissioner of Police of the Metropolis;”.

Crime and Disorder Act 1998

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

233 In section 1A (power of Secretary of State to add relevant bodies), in
25subsection (1), for “police authority” substitute “local policing body”.

234 In section 17 (duty to consider crime and disorder implications), in
subsection (2), for “a police authority” substitute “a local policing body”.

235 (1) In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is
amended as follows.

(2) 30After the definition of “local child curfew scheme” insert—

““local policing body” has the meaning given by section 101(1) of the
Police Act 1996;”.

(3) Omit the definition of “police authority”.

236 In section 38 (local provision of youth justice services), in subsection (2)(a),
35for “police authority” substitute “local policing body”.

237 In section 41 (the Youth Justice Board), in subsection (10), for “police
authority” substitute “local policing body”.

238 In section 42 (supplementary provisions), in subsection (1), omit the
definition of “police authority”.

239 40In section 115 (disclosure of information), in subsection (2)(c), for “police
authority” substitute “local policing body”.

Police (Northern Ireland) Act 1998

240 In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police
Ombudsman for Northern Ireland), in paragraph 8 (assistance by members
of a police force in Great Britain), in sub-paragraph (2), after “to the” insert
5“local policing body”.

Regional Development Agencies Act 1998

241 In the Regional Development Agencies Act 1998, in section 7A (the London
Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.

10Local Government Act 1999

242 The Local Government Act 1999 is amended as follows.

243 (1) Section 1 (best value authorities) is amended in accordance with this
paragraph.

(2) In subsection (1), for paragraph (d) substitute—

“(d) 15the Common Council of the City of London in its capacity as
a police authority;”.

(3) Omit subsection (4).

244 In section 3A (involvement of local representatives), in subsection (3), for
paragraph (a) substitute—

“(a) 20the Common Council of the City of London in its capacity as
a police authority;”.

245 In section 10 (inspections), omit subsection (5).

246 Omit section 10A (inspections: Auditor General for Wales).

247 In section 23 (accounts), in subsection (4), omit paragraph (za).

248 25In section 29 (modifications for Wales), in subsection (1), omit the words
from “except” to the end.

Criminal Justice and Court Services Act 2000

249 In the Criminal Justice and Court Services Act 2000, in section 71 (access to
driver licensing records), in subsection (4), for paragraph (a) of the definition
30of “constables” substitute—

• “(a)

  persons appointed by a chief constable under
  paragraph 4 of Schedule 2 to the Police Reform and
  Social Responsibility Act 2011 (civilian staff of police
  forces outside London),

  (aa)

  35persons appointed by the Commissioner of Police of
  the Metropolis under paragraph 1 of Schedule 4 to
  that Act (civilian staff of metropolitan police force),”.

Freedom of Information Act 2000

250 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in

Part 5, for paragraphs 57 and 58 substitute—

“57 A police and crime commissioner.

58 The Mayor’s Office for Policing and Crime.”.

Learning and Skills Act 2000

251 5The Learning and Skills Act 2000 is amended as follows.

252 In section 125 (consultation and co-ordination), for subsection (1)(c)
substitute—

“(c) a police and crime commissioner,”.

253 In section 129 (supplementary), in subsection (1), omit the definition of
10“police authority”.

Local Government Act 2000

254 The Local Government Act 2000 is amended as follows.

255 In section 21C (reports and recommendations of overview and scrutiny
committees: duties of certain partner authorities), in subsection (8), in the
15definition of “relevant partner authority”, for paragraph (a) substitute—

“(a) a local policing body, or”.

256 In section 21E (overview and scrutiny committees of certain district councils:
functions with respect to partner authorities), in subsection (4), for
paragraph (a)(ii)(a) substitute—

“(a) 20a local policing body, or”.

257 In section 22A (overview and scrutiny committees of certain authorities in
England: provision of information etc by certain partner authorities), in
subsection (6), in the definition of “associated authority”, for paragraph
(b)(i) substitute—

• “( i)

  “(i)

  25a local policing body, or”.

258 (1) Section 49 (principles governing conduct of members of relevant authorities)
is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) 30Omit subsection (4).

(5) In subsection (6), omit paragraphs (h) and (m).

259 (1) Section 50 (model codes of conduct) is amended in accordance with this
paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) 35In subsection (2), omit “other than police authorities”.

260 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is
amended in accordance with this paragraph.

(2) In subsection (4A), omit “or police authority in Wales”.

(3) In subsection (4C), omit “other than a police authority”.

(4) In subsection (6)(c)(i), omit “or a police authority in Wales”.

261 (1) Section 53 (standards committees) is amended in accordance with this
paragraph.

(2) 5In subsections (3) and (4), omit “or a police authority in Wales”.

(3) In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.

(4) In subsection (8), omit “or a police authority in Wales”.

(5) In subsection (9), omit “and a police authority in Wales”.

(6) In subsection (10), omit “or a police authority in Wales”.

(7) 10In subsection (11)—

(a) in paragraph (a), omit “other than police authorities”;

(b) in paragraph (k), omit “(other than police authorities)”.

262 (1) Section 54 (functions of standards committees) is amended in accordance
with this paragraph.

(2) 15In subsection (4), omit “and police authorities in Wales”.

(3) In subsection (5), omit “(other than police authorities)”.

(4) In subsection (6), omit “and police authorities in Wales”.

(5) In subsection (7), omit “(other than police authorities)”.

263 (1) Section 54A (sub-committees of standards committees) is amended in
20accordance with this paragraph.

(2) In subsection (4), omit “or of a police authority in Wales”.

(3) In subsection (5), omit “other than a police authority”.

264 In section 57 (Standards Board for England), in subsection (5)(b) and (c),
omit “and police authorities in Wales”.

265 25In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a)
and (b), omit “(other than police authorities)”.

266 In section 73 (matters referred to monitoring officers), omit subsection (6).

267 (1) Section 81 (disclosure and registration of members’ interests etc) is amended
in accordance with this paragraph.

(2) 30In subsection (7)(b), omit “or a police authority in Wales”.

(3) In subsection (8), omit “(other than police authorities)”.

268 (1) Section 82 (code of conduct for local government employees) is amended in
accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) 35In subsection (2), omit “(other than police authorities)”.

269 In section 83 (interpretation of Part 3), in subsection (1), omit the definition
of “police authority”.

270 (1) Section 101 (indemnification of members and officers of relevant authorities)
is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) 5In subsection (5), for ““police authority” and “relevant authority” have”
substitute ““relevant authority” has”.

Criminal Justice and Police Act 2001

271 The Criminal Justice and Police Act 2001 is amended as follows.

272 In section 97 (regulations for police forces)—

(a) 10in subsection (3)(a), for “police authorities” substitute “local policing
bodies”;

(b) for subsection (4)(c), substitute—

“(c) such persons as appear to the Secretary of State to
represent the views of police and crime
15commissioners;

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

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

273 In section 98 (directions after inspection identifies training needs), in
subsections (1) and (2) for “police authority” substitute “local policing
20body”.

Private Security Industry Act 2001

274 (1) In the Private Security Industry Act 2001, Schedule 2 (activities liable to
control under the Act) is amended as follows.

(2) In paragraph 2 (manned guarding), in sub-paragraph (7)—

(a) 25in sub-paragraph (f)—

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

(ii) for “police authority employees” substitute “civilian staff”;

(b) in sub-paragraph (i), for “police authority employees” substitute
30“civilian staff”.

(3) In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for
“police authority employees” substitute “civilian staff”.

(4) In paragraph 3A (restriction and removal of vehicles), in sub-paragraph
(6)—

(a) 35in sub-paragraph (c), for “police authority” substitute “local policing
body”;

(b) in sub-paragraph (e), for “police authority employees” substitute
“civilian staff”.

Vehicles (Crime) Act 2001

275 40The Vehicles (Crime) Act 2001 is amended as follows.

276 In section 18 (register of registration plate suppliers), in subsection (9), for

paragraph (a) substitute—

“(a) members of the civilian staff of a police force, including the
metropolitan police force, (within the meaning of Part 1 of the
Police Reform and Social Responsibility Act 2011),

(aa) 5persons employed by the Common Council of the City of
London who are under the direction and control of the
Commissioner of Police for the City of London,”.

277 In section 38 (unified power for Secretary of State to fund speed cameras etc),
in subsection (5)(b), for the words from “any police authority” to
10“Metropolitan Police Authority” substitute “any police and crime
commissioner, the Mayor’s Office for Policing and Crime”.

Police Reform Act 2002

278 The Police Reform Act 2002 is amended as follows.

279 (1) Section 10 (general functions of the Commission) is amended in accordance
15with this paragraph.

(2) In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute
“local policing bodies”.

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

280 In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a),
20(9) and (10)(b), for “police authority” substitute “local policing body”.

281 In section 12 (complaints, matters and persons to which Part 2 applies), in
subsection (7)—

(a) after paragraph (a) insert—

“(aa) he is a civilian employee of a police force;”;

(b) 25in paragraph (b), for “a police authority” substitute “the Common
Council of the City of London”.

282 (1) Section 15 (general duties of police authorities, chief constables and
inspectors) is amended in accordance with this paragraph.

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

(3) 30In subsections (1)(a) and (3)(a), for “police authority” substitute “local
policing body”.

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

(5) In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute
“local policing body”.

283 (1) 35Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.

(2) In subsection (3)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “local policing
40bodies”.

(3) In subsection (4)—

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