Police Reform and Social Responsibility Bill (HL Bill 77)

(2) In subsection (4)(d)—

(a) at the beginning insert “each local policing body for an area in
England and Wales,”;

(b) for “Great Britain” substitute “Scotland”.

(3) 5In subsection (5), for “Great Britain” substitute “Scotland”.

348 (1) Section 23 (mutual assistance between SOCA and law enforcement agencies:
voluntary arrangements) is amended in accordance with this paragraph.

(2) In subsections (8) and (9), for “relevant police authority” substitute “relevant
policing body”.

(3) 10In subsection (11), in the definition of “relevant police authority”—

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

(b) before paragraph (a) insert—

• “(za)

  in relation to a police force in England or
  Wales, the local policing body maintaining
  15that force,”;

(c) in paragraph (a), for “Great Britain” substitute “Scotland”.

349 (1) Section 26 (use by SOCA of police premises etc) is amended in accordance
with this paragraph.

(2) In subsection (1)(a), for “relevant police authority” substitute “relevant
20policing body”.

(3) In subsection (2)—

(a) in paragraph (a), for “relevant police authority” substitute “relevant
policing body”;

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

(4) 25In subsection (3)—

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

(b) in paragraphs (a) and (b), for “that body” substitute “SOCA or that
body”.

(5) In subsection (6)—

(a) 30for “relevant police authority” substitute “relevant policing body”;

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

(6) In subsection (7)—

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

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

350 (1) 35Section 155 (payments by Secretary of State to police authorities in relation
to the prevention, detection and enforcement of certain traffic offences) is
amended in accordance with this paragraph.

(2) In the title, for “police authority” substitute “local policing body”.

(3) In subsection (1), for “police authority” substitute “local policing body”.

351 40In Schedule 5 (persons specified for the purposes of section 82), in paragraph
14(a), for “police authority employees” substitute “civilian staff”.

Government of Wales Act 2006

352 The Government of Wales Act 2006 is amended as follows.

353 In section 72 (partnership council), in subsection (5)(c), for “police
authorities” substitute “police and crime commissioners”.

354 5In Part 1 of Schedule 7 (Assembly Acts: subjects), in paragraph 12 for “police
authorities” substitute “police and crime commissioners”.

London Olympic Games and Paralympic Games Act 2006

355 The London Olympic Games and Paralympic Games Act 2006 is amended
as follows.

356 10In section 21 (offence), in subsection (4), after “pay to” insert “a local policing
body,”.

357 In section 22 (enforcement of power of entry)—

(a) in subsection (8), after “compensation from” insert “a local policing
body,”;

(b) 15in subsection (9), after “A” (at the beginning) insert “local policing
body, a”.

358 In section 28 (enforcement of power of entry)—

(a) in subsection (6), after “compensation from” insert “a local policing
body,”;

(b) 20in subsection (7), after “A” (at the beginning) insert “local policing
body, a”.

Police and Justice Act 2006

359 The Police and Justice Act 2006 is amended as follows.

360 In section 6 (consultation with APA and ACPO), omit subsection 2(2)(a).

361 (1) 25Schedule 1 (National Policing Improvement Agency) is amended as follows.

(2) In paragraph 5 (annual plans)—

(a) in sub-paragraph (6)(b), for “police authority” substitute “local
policing body”;

(b) in sub-paragraph (7), for paragraph (b) substitute—

“(b) 30such persons as appear to the Secretary of State to
represent the views of police and crime
commissioners,

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

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

(3) 35In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word
“and” at the end of sub-paragraph (2)(b)) substitute—

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

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

(d) 40the Common Council of the City of London.”.

(4) In paragraph 7 (chairman and other members)—

(a) for sub-paragraph (2)(a) substitute—

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

(ab) 5the Mayor’s Office for Policing and Crime,

(ac) the Common Council of the City of London, and”;

(b) in sub-paragraph (4)(a), for “nominated by the Association of Police
Authorities” substitute “who is a police and crime commissioner”.

(5) In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police
10authority” substitute “local policing body”.

(6) In the italic heading before paragraph 35 (Payments by Agency to police
authorities), after “to” insert “local policing bodies”.

(7) In paragraph 35, in sub-paragraph (a), for “police authorities” substitute
“local policing bodies”.

(8) 15In paragraph 48 (power to modify objects, functions and strategy of the
Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—

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

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

(d) 20the Common Council of the City of London, and”.

Safeguarding Vulnerable Groups Act 2006

362 In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred
lists), in paragraph 19 (information), in sub-paragraph (4), for “police
authority” substitute “local policing body”.

25Violent Crime Reduction Act 2006

363 The Violent Crime Reduction Act 2006 is amended as follows.

364 In section 18 (functions of local chief officer of police), for “police authority”
(in each place), substitute “local policing body”.

365 In section 19 (guidance about the designation of zones)—

(a) 30for “police authorities” (in each place) substitute “local policing
bodies”;

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

Corporate Manslaughter and Corporate Homicide Act 2007

366 In the Corporate Manslaughter and Corporate Homicide Act 2007, in section
3513 (application to police forces), in subsection (3)(b), for “police authority”
substitute “local policing body”.

Local Government and Public Involvement in Health Act 2007

367 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

368 40In section 104 (application of Chapter 1 of Part 5: partner authorities), for

subsection (2)(e) substitute—

“(e) a local policing body;”.

369 In section 123 (joint overview and scrutiny committees), in subsection (7) for
“a police authority” substitute “a local policing body”.

370 5In section 212 (entities controlled etc by local authorities), in subsection (7),
in paragraph (a) of the definition of “local authority”, after “that Act)” insert
“, apart from a police and crime commissioner”.

Serious Crime Act 2007

371 In the Serious Crime Act 2007, in section 39 (compliance with orders:
10authorised monitors), in subsection (10), in the definition of “law
enforcement agency”—

(a) before paragraph (a) insert—

• “(za)

  the chief constable of a police force
  maintained under section 2 of the Police Act
  151996;

  (zb)

  the Commissioner of Police of the Metropolis;

  (zc)

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

(b) in paragraph (a), omit “a police authority or”.

20Pensions Act 2008

372 (1) In the Pensions Act 2008, section 95 (police) is amended as follows.

(2) In subsection (1), after “by the” insert “relevant local policing body or”.

(3) In subsection (2)—

(a) after “A” (in the first place) insert “local policing body, or a”;

(b) 25after “relevant” insert “local policing body, or relevant”.

Coroners and Justice Act 2009

373 In the Coroners and Justice Act 2009, in section 24 (provision of staff and
accommodation), in subsection (2), for “police authority” substitute “local
policing body”.

30Local Democracy, Economic Development and Construction Act 2009

374 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

375 In section 2 (democratic arrangements of connected authorities)—

(a) for subsection (3)(f) substitute—

“(f) 35a local policing body;”;

(b) for subsection (5)(e) substitute—

“(e) a local policing body;”.

376 In section 23 (duty of public authorities to secure involvement), in
subsection (2), for paragraph (j) substitute—

“(j) 40the Common Council of the City of London in its capacity as
a police authority;”.

377 In section 35 (mutual insurance: supplementary), in subsection (2), for
paragraph (k) substitute—

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

378 5In section 123 (partner authorities), for subsection (2)(d) substitute—

“(d) a local policing body;”.

Policing and Crime Act 2009

379 In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments
Panel), omit subsection (1).

10Child Poverty Act 2010

380 In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for
“police authority” substitute “local policing body”.

Equality Act 2010

381 The Equality Act 2010 is amended as follows.

382 15In section 1 (public sector duty regarding socio-economic duties), in
subsection (3)(k), for “police authority” substitute “police and crime
commissioner”.

383 In section 43 (interpretation of section 42)—

(a) in subsection (3), for “police authority” (in each place) substitute
20“local policing body or police authority”;

(b) in subsection (8), for paragraph (d) substitute—

“(d) the Police Reform and Social Responsibility Act
2011.”.

384 In Schedule 19 (public authorities), in Part 1, for the words from “A police
25authority” to “section 5B of that Act”, substitute—

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

The Mayor’s Office for Policing and Crime established under
section 4 of that Act.”.

Section 153

30SCHEDULE 17 Temporary class drug orders

Amendments of the Misuse of Drugs Act 1971

1 The Misuse of Drugs Act 1971 is amended as set out in paragraphs 2 to 20.

2 In section 2 (controlled drugs and their classification for purposes of Act), in
35subsection (1)—

(a) in paragraph (a), for the words after “specified” substitute “—

(i) in Part I, II or III of Schedule 2, or

(ii) in a temporary class drug order as a drug subject to
temporary control (but this is subject to section 2A(6));”, and

(b) at the end of paragraph (b) insert “, and

(c) the expression “temporary class drug” means any
5substance or product which is for the time being a
controlled drug by virtue of a temporary class drug
order;”.

3 After section 2 insert—

“2A Temporary class drug orders

(1) 10The Secretary of State may make an order (referred to in this Act as a
“temporary class drug order”) specifying any substance or product
as a drug subject to temporary control if the following two conditions
are met.

(2) The first condition is that the substance or product is not a Class A
15drug, a Class B drug or a Class C drug.

(3) The second condition is that—

(a) the Secretary of State has consulted in accordance with
section 2B and has determined that the order should be
made, or

(b) 20the Secretary of State has received a recommendation under
that section that the order should be made.

(4) The Secretary of State may make the determination mentioned in
subsection (3)(a) only if it appears to the Secretary of State that—

(a) the substance or product is a drug that is being, or is likely to
25be, misused, and

(b) that misuse is having, or is capable of having, harmful effects.

(5) A substance or product may be specified in a temporary class drug
order by reference to—

(a) the name of the substance or product, or

(b) 30a description of the substance or product (which may take
such form as the Secretary of State thinks appropriate for the
purposes of the specification).

(6) A substance or product specified in a temporary class drug order as
a drug subject to temporary control ceases to be a controlled drug by
35virtue of the order—

(a) at the end of one year beginning with the day on which the
order comes into force, or

(b) if earlier, upon the coming into force of an Order in Council
under section 2(2) by virtue of which the substance or
40product is specified in Part 1, 2 or 3 of Schedule 2.

(7) Subsection (6) is without prejudice to the power of the Secretary of
State to vary or revoke a temporary class drug order by a further
order.

(8) The power of the Secretary of State to make an order under this
45section is subject to section 2B.

(9) An order under this section is to be made by statutory instrument.

(10) A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

2B Orders under section 2A: role of Advisory Council etc

(1) 5Before making an order under section 2A the Secretary of State—

(a) must consult as mentioned in subsection (2), or

(b) must have received a recommendation from the Advisory
Council to make the order.

(2) The Secretary of State must consult—

(a) 10the Advisory Council, or

(b) if the order is to be made under section 2A(1) and the urgency
condition applies, the person mentioned in subsection (3).

(3) The person referred to in subsection (2)(b) is—

(a) the person who is for the time being the chairman of the
15Advisory Council appointed under paragraph 1(3) of
Schedule 1, or

(b) if that person has delegated the function of responding to
consultation under subsection (1)(a) to another member of
the Advisory Council, that other member.

(4) 20The “urgency condition” applies if it appears to the Secretary of State
that the misuse of the substance or product to be specified in the
order as a drug subject to temporary control, or the likelihood of its
misuse, poses an urgent and significant threat to public safety or
health.

(5) 25The duty of the Advisory Council or any other person consulted
under subsection (1)(a) is limited to giving to the Secretary of State
that person’s opinion as to whether the order in question should be
made.

(6) A recommendation under subsection (1)(b) that a temporary class
30drug order should be made may be given by the Advisory Council
only if it appears to the Council that—

(a) the substance or product is a drug that is being, or is likely to
be, misused, and

(b) that misuse is having, or is capable of having, harmful
35effects.”.

4 In section 3 (restriction of importation and exportation of controlled drugs),
in subsection (2)(a) after “this Act” insert “or by provision made in a
temporary class drug order by virtue of section 7A”.

5 In section 4(1) (restriction of production and supply of controlled drugs),
40after “this Act” insert “, or any provision made in a temporary class drug
order by virtue of section 7A,”.

6 In section 5 (restriction of possession of controlled drugs), after subsection
(2) insert—

“(2A) Subsections (1) and (2) do not apply in relation to a temporary class
45drug.”.

7 In section 7 (authorisation of activities otherwise unlawful under foregoing

provisions of Act), after subsection (9) insert—

“(10) In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.

8 After section 7 insert—

“7A 5Temporary class drug orders: power to make further provision

(1) This section applies if a temporary class drug order specifies a
substance or product as a drug subject to temporary control.

(2) The order may—

(a) include provision for the exception of the drug from the
10application of section 3(1)(a) or (b) or 4(1)(a) or (b),

(b) make such other provision as the Secretary of State thinks fit
for the purpose of making it lawful for persons to do things
in respect of the drug which under section 4(1) it would
otherwise be unlawful for them to do,

(c) 15provide for circumstances in which a person’s possession of
the drug is to be treated as excepted possession for the
purposes of this Act, and

(d) include any provision in relation to the drug of a kind that
could be made in regulations under section 10 or 22 if the
20drug were a Class A drug, a Class B drug or a Class C drug
(but ignoring section 31(3)).

(3) Provision under subsection (2) may take the form of applying (with
or without modifications) any provision made in regulations under
section 7(1), 10 or 22.

(4) 25Provision under subsection (2)(b) may (in particular) provide for the
doing of something to be lawful if it is done—

(a) in circumstances mentioned in section 7(2)(a), or

(b) in compliance with such conditions as may be prescribed by
virtue of section 7(2)(b).

(5) 30Section 7(8) applies for the purposes of this section.

(6) Section 31(1) (general provision as to regulations) applies in relation
to a temporary class drug order that contains provision made by
virtue of this section as it applies to regulations under this Act.”.

9 In section 9A (prohibition of supply etc of articles for administering or
35preparing controlled drugs), in subsection (4)—

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

(b) in paragraph (b) after “of a controlled drug” insert “, other than a
temporary class drug,”, and

(c) at the end of that paragraph insert “, or

(c) 40the administration by any person of a temporary class
drug to himself in circumstances where having the
drug in his possession is to be treated as excepted
possession for the purposes of this Act (see section
7A(2)(c)).”.

10 45In section 10 (power to make regulations for preventing misuse of controlled

drugs), after subsection (2) insert—

“(3) In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.

11 In section 11 (power to direct special precautions for safe custody of
5controlled drugs to be taken at certain premises), in subsection (1) after “of
this Act” insert “or by provision made in a temporary class drug order by
virtue of section 7A that is of a corresponding description to such
regulations”.

12 (1) Section 13 (directions prohibiting prescribing, supply etc of controlled drugs
10by practitioners in other cases) is amended as follows.

(2) In subsection (1)—

(a) after “section 10(2) of this Act” insert “or of corresponding provision
made in a temporary class drug order”, and

(b) after “said paragraph (i)” insert “or of any such corresponding
15provision”.

(3) After subsection (1) insert—

“(1A) For the purposes of subsection (1), provision made in a temporary
class drug order is “corresponding provision” if it—

(a) is made by virtue of section 7A(2)(d), and

(b) 20is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).”.

13 In section 18 (miscellaneous offences), after subsection (4) insert—

“(5) In this section (and in references in Schedule 4 that refer to this
section), any reference to regulations made under this Act is to be
25taken as including a reference to provision made in a temporary class
drug order by virtue of section 7A.

(6) For this purpose, a reference in subsection (1) or (2) to regulations
made in pursuance of section 10(2)(h) or (i) is a reference to any
provision of a temporary class drug order which—

(a) 30is made by virtue of section 7A(2)(d), and

(b) is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) (i).”.

14 In section 22 (further power to make regulations)—

(a) renumber the existing provision as subsection (1), and

(b) 35after that subsection insert—

“(2) The power to make regulations under this section does not
apply in relation to temporary class drugs (see instead
section 7A).”.

15 (1) Section 23 (powers to search and obtain evidence) is amended as follows.

(2) 40In subsection (2) after “any regulations” insert “or orders”.

(3) In subsection (3)(a) after “any regulations” insert “or orders”.

16 After section 23 insert—

“23A Temporary class drugs: further power to search, seize and detain

(1) Subsection (3) applies in any case where—

(a) a constable has reasonable grounds to suspect that a person
5(“P”) is in possession of a temporary class drug, and

(b) it does not appear to the constable that a power under section
23(2) applies to the case.

(2) But if any provision has been made by virtue of section 7A(2)(c)
(excepted possession) that applies to the temporary class drug in
10question, subsection (3) applies only if the constable has no reason to
believe that P’s possession of the drug is to be treated as excepted
possession for the purposes of this Act.

(3) The constable may—

(a) search P, and detain P for the purposes of searching P;

(b) 15search any vehicle or vessel in which the constable suspects
that the drug may be found, and for that purpose require the
person in control of the vehicle or vessel to stop it;

(c) seize and detain anything found in the course of the search
which appears to the constable to be a temporary class drug
20or to be evidence of an offence under this Act.

In this subsection, “vessel” has the same meaning as in section 23(2).

(4) Subsection (5) applies if a constable reasonably believes that
anything detained under subsection (3)(c) is a temporary class drug
but is not evidence of any offence under this Act.

(5) 25The constable may dispose of the drug in such manner as the
constable thinks appropriate.

(6) A person who intentionally obstructs a constable in the exercise of
the constable’s powers under subsection (3) commits an offence.”.

17 (1) Section 25 (prosecution and punishment of offences) is amended as follows.

(2) 30After subsection (2) insert—

“(2A) Subsection (2B) applies if an offence specified in the first column of
Schedule 4 is committed in relation to a temporary class drug.

(2B) The punishments which may be imposed on a person convicted of
the offence summarily or (as the case may be) on indictment in
35relation to the temporary class drug are the same as those which
could be imposed had the person been convicted of the offence in
that way in relation to a Class B drug (see the fifth column of
Schedule 4).”.

(3) After subsection (3) insert—

“(3A) 40The punishments which may be imposed on a person convicted of an
offence under section 23A(6) are the same as those which, under
Schedule 4, may be imposed on a person convicted of an offence
under section 23(4).”.

18 In section 30 (licenses and authorities) after “of regulations” insert “or
45orders”.