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Police Reform and Social Responsibility Bill (HL Bill 86)

Police Reform and Social Responsibility BillPage 100

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other
similar item designed, or adapted, (solely or mainly) for the purpose of
facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction
5under subsection (1) commits an offence and is liable on summary conviction
to a fine not exceeding level 5 on the standard scale.

144 Directions under section 143: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include
a direction that the person does not start doing that activity again after having
10ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues
in force until—

(a) the end of such period beginning with the day on which the direction
is given as may be specified by the constable or authorised officer
15giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning
with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start
20operating, any amplified noise equipment only if it appears to the constable or
authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the
equipment in such a manner as to produce sound that other persons in or in
the vicinity of the controlled area of Parliament Square can hear or are likely to
25be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons
together, and

(c) 30may be withdrawn or varied by the person who gave it.

(7) In this section—

  • “amplified noise equipment” has the meaning given by section 143(4);

  • “direction” means a direction given under section 143(1).

145 Power to seize property

(1) 35A constable or authorised officer may seize and retain a prohibited item that is
on any land in the controlled area of Parliament Square if it appears to that
constable or officer that the item is being, or has been, used in connection with
the commission of an offence under section 143.

(2) A constable may seize and retain a prohibited item that is on any land outside
40of the controlled area of Parliament Square if it appears to the constable that the
item has been used in connection with the commission of an offence under
section 143.

(3) A “prohibited item” is any item of a kind mentioned in section 143(2).

Police Reform and Social Responsibility BillPage 101

(4) A constable may use reasonable force, if necessary, in exercising a power of
seizure under this section.

(5) An item seized under this section must be returned to the person from whom
it was seized—

(a) 5no later than the end of the period of 28 days beginning with the day on
which the item was seized, or

(b) if proceedings are commenced against the person for an offence under
section 143 before the return of the item under paragraph (a), at the
conclusion of those proceedings.

(6) 10If it is not possible to return an item under subsection (5) because the name or
address of the person from whom it was seized is not known—

(a) the item may be returned to any other person appearing to have rights
in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at
15any time after the end of the period of 90 days beginning with the day
on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section
146(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is “on” any land include
20references to an item that is in the possession of a person who is on any such
land.

146 Power of court on conviction

(1) The court may do either or both of the following on the conviction of a person
(“P”) of an offence under section 143—

(a) 25make an order providing for the forfeiture of any item of a kind
mentioned in subsection (2) of that section that was used in the
commission of the offence;

(b) make such other order as the court considers appropriate for the
purpose of preventing P from engaging in any prohibited activity in the
30controlled area of Parliament Square.

(2) An order under subsection (1)(b) may (in particular) require P not to enter the
controlled area of Parliament Square for such period as may be specified in the
order.

(3) Power of the court to make an order under this section is in addition to the
35court’s power to impose a fine under section 143(8).

147 Authorisation for operation of amplified noise equipment

(1) The responsible authority for any land in the controlled area of Parliament
Square may authorise a person in accordance with this section to operate on
that land any amplified noise equipment (as defined by section 143(4)).

(2) 40An application for authorisation must be made to the responsible authority by
or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may—

(a) determine the form in which, and the manner in which, an application
is to be made;

Police Reform and Social Responsibility BillPage 102

(b) specify the information to be supplied in connection with an
application;

(c) require a fee to be paid for determining an application.

(4) If an application is duly made to a responsible authority, the authority must—

(a) 5determine the application, and

(b) give notice in writing to the applicant of the authority’s decision within
the period of 21 days beginning with the day on which the authority
receives the application.

(5) The notice must specify—

(a) 10the person (or persons) authorised (whether by name or description),

(b) the kind of amplified noise equipment to which the authorisation
applies,

(c) the period to which the authorisation applies, and

(d) any conditions to which the authorisation is subject.

(6) 15The responsible authority may at any time—

(a) withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes—

(a) imposing a new condition,

(b) 20removing an existing condition, or

(c) altering any period to which a condition applies.

(8) The exercise of a power under subsection (6) to withdraw an authorisation or
to vary a condition is effected by the responsible authority giving notice in
writing to the applicant.

148 25Meaning of “authorised officer” and “responsible authority”

(1) This section applies for the purposes of this Part.

(2) “Authorised officer”, in relation to any land in the controlled area of Parliament
Square, means—

(a) an employee of the responsible authority for that land who is
30authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible
authority (whether by that or any other person), is so authorised for the
purposes of this Part.

(3) “Responsible authority”, in relation to any land in the controlled area of
35Parliament Square, means—

(a) the Greater London Authority, for any land comprised in the central
garden of Parliament Square (as defined by section 142(2)), and

(b) Westminster City Council, for any other land.

149 Effect of Part on byelaws

(1) 40In section 385 of the Greater London Authority Act 1999 (byelaws), after
subsection (6) insert—

(6A) Byelaws under this section may not be made as respects Parliament
Square Garden for the purpose of prohibiting a particular activity so far

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as that activity is a prohibited activity for the purposes of Part 3 of the
Police Reform and Social Responsibility Act 2011 (see section 143(2) of
that Act)..

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999
5before the date on which section 143 above comes into force ceases to have
effect on that date so far as the byelaw makes provision prohibiting, as respects
the controlled area of Parliament Square, a particular activity that is a
prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of
10the Local Government Act 1972 (power of councils to make byelaws) for the
purpose of prohibiting, as respects the controlled area of Parliament Square, a
particular activity except so far as the activity is a prohibited activity for the
purposes of this Part.

Part 4 15Miscellaneous

Seizure powers

150 Powers of seizure etc under certain regulations and byelaws

(1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make
regulations), after subsection (1) insert—

(1A) 20Regulations under subsection (1) may include provision applying (with
any necessary modifications) sections 4 to 6 of the Royal Parks
(Trading) Act 2000 (seizure, retention, disposal and forfeiture of
property) in relation to offences under that subsection that are not park
trading offences for the purposes of that Act.

(2) 25After section 237 of the Local Government Act 1972 (offences against byelaws)
insert—

237ZA Section 235 byelaws: powers of seizure etc

A byelaw made under section 235 may include provision for or in
connection with—

(a) 30the seizure and retention of any property in connection with
any contravention of the byelaw, and

(b) the forfeiture of any such property on a person’s conviction of
an offence of contravention of the byelaw..

(3) In section 385 of the Greater London Authority Act 1999 (byelaws), in
35subsection (4)(b) for “a trading byelaw” substitute “any byelaw under this
section”.

Misuse of drugs

151 Temporary control of drugs

Schedule 17 (which makes provision for temporary class drug orders under the
40Misuse of Drugs Act 1971) has effect.

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152 Advisory Council on the Misuse of Drugs

In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory
Council on the Misuse of Drugs), in paragraph 1—

(a) in sub-paragraph (1), omit the words after “appropriate”, and

(b)
5omit sub-paragraph (2).

Arrest warrants

153 Restriction on issue of arrest warrants in private prosecutions

(1) In section 1 of the Magistrates’ Courts Act 1980 (issue of summons or warrant),
after subsection (4) insert—

(4A) 10Where a person who is not a public prosecutor lays an information
before a justice of the peace in respect of an offence to which this
subsection applies, no warrant shall be issued under this section
without the consent of the Director of Public Prosecutions.

(4B) In subsection (4A) “public prosecutor” has the same meaning as in
15section 29 of the Criminal Justice Act 2003.

(4C) Subsection (4A) applies to—

(a) a qualifying offence which is alleged to have been committed
outside the United Kingdom, or

(b) an ancillary offence relating to a qualifying offence where it is
20alleged that the qualifying offence was, or would have been,
committed outside the United Kingdom.

(4D) In subsection (4C) “qualifying offence” means any of the following—

(a) piracy or an offence under section 2 of the Piracy Act 1837
(piracy where murder is attempted);

(b) 25an offence under section 1 of the Geneva Conventions Act 1957
(grave breaches of Geneva conventions);

(c) an offence which (disregarding the provisions of the
Suppression of Terrorism Act 1978, the Nuclear Material
(Offences) Act 1983, the United Nations Personnel Act 1997 and
30the Terrorism Act 2000) would not be an offence apart from
section 1 of the Internationally Protected Persons Act 1978
(attacks and threats of attacks on protected persons);

(d) an offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking);

(e) 35an offence under section 1, 2 or 6 of the Aviation Security Act
1982 (hijacking etc);

(f) an offence which (disregarding the provisions of the
Internationally Protected Persons Act 1978, the Suppression of
Terrorism Act 1978, the United Nations Personnel Act 1997 and
40the Terrorism Act 2000) would not be an offence apart from
sections 1 to 2A of the Nuclear Material (Offences) Act 1983
(offences relating to nuclear material);

(g) an offence under section 134 of the Criminal Justice Act 1988
(torture);

(h) 45an offence under section 1 of the Aviation and Maritime
Security Act 1990 (endangering safety at aerodromes);

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(i) an offence under sections 9 to 14 of that Act (hijacking ships etc);

(j) an offence which (disregarding the provisions of the
Internationally Protected Persons Act 1978, the Suppression of
Terrorism Act 1978, the Nuclear Material (Offences) Act 1983
5and the Terrorism Act 2000) would not be an offence apart from
sections 1 to 3 of the United Nations Personnel Act 1997 (attacks
on UN workers etc).

(4E) In subsection (4C) “ancillary offence”, in relation to an offence, means—

(a) an offence under Part 2 of the Serious Crime Act 2007
10(encouraging or assisting crime) in relation to the offence
(including, in relation to times before the commencement of
that Part, an offence of incitement);

(b) attempting or conspiring to commit the offence.

(4F)(b)attempting or conspiring to commit the offence..

(2) 15In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions
etc), after subsection (2) insert—

(2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates’ Courts
Act 1980..

Part 5 20Final provisions

154 Orders and regulations

(1) Any power of the Secretary of State under this Act to make an order or
regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations
25may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament—

(a) regulations under section 32 or 55(2) or paragraph 36(1)(a) or 40 of
Schedule 6;

(b) an order under section 59;

(c) 30regulations under section 126, 128, 129, 131, 134 or 136(2);

(d) an order under paragraph 24 of Schedule 15 which contains provision
amending an Act (whether or not it also contains other provision).

(3) Any other statutory instrument containing an order or regulations under this
Act, except an instrument containing only an order specified in subsection (4),
35is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) The orders referred to subsection (3) are those under section 55(1)(b), 56(1), 76
or 157.

(5) An order or regulations made by the Secretary of State under this Act may—

(a) 40include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

(c) make different provision for different cases, areas or purposes.

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155 Money

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred by a Minister of the Crown by virtue of this Act;

(b) any increase attributable to this Act in the sums payable under any
5other Act out of money so provided.

156 Extent

(1) This Act extends to England and Wales only.

(2) Subsection (1) is subject to subsections (3) to (6).

(3) The following provisions extend to England and Wales, Scotland and Northern
10Ireland—

(a) section 59 (power to make provision about elections etc),

(b) section 151 and Schedule 17 (temporary class drug orders),

(c) section 152 (Advisory Council on the Misuse of Drugs),

(d) section 154 (orders and regulations) so far as relating to an order under
15section 59, and

(e) this section and sections 157 and 158 (final provisions).

(4) Section 98 and Schedule 15 apply to England and Wales and Scotland.

(5) The amendments, repeals and revocations made by this Act (so far as not made
by provision mentioned in subsection (3)(b) or (c)) have the same extent as the
20provisions amended, repealed or revoked.

(6) Subsection (5) does not apply to the amendment made to section 2 of the Parks
Regulation (Amendment) Act 1926 by section 150(1) above (which accordingly
extends to England and Wales only).

157 Commencement

(1) 25The provisions of this Act come into force on such day as the Secretary of State
may by order appoint.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) The following provisions come into force on the day on which this Act is
passed—

(a) 30section 59 (power to make provision about elections);

(b) section 153 (restrictions on issue of arrest warrants in private
prosecutions);

(c) sections 154 to 158 (final).

(4) Section 150(2), so far as relating to byelaws made by local authorities in Wales,
35comes into force on such day as the Welsh Ministers may by order appoint.

(5) Section 154(1) and (5)(b) applies to an order of the Welsh Ministers under
subsection (4) as it applies to an order of the Secretary of State under this Act.

158 Short title

This Act may be cited as the Police Reform and Social Responsibility Act 2011.

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SCHEDULES

Section 1

SCHEDULE 1 Police and crime commissioners

Introduction

1 5This Schedule applies in relation to the police and crime commissioners
established under section 1.

Salary etc

2 (1) A police and crime commissioner is to be paid a salary.

(2) The Secretary of State is to determine the amount of a commissioner’s salary.

(3) 10The Secretary of State may determine that different salaries are to be payable
to the police and crime commissioners for different police areas.

3 (1) A police and crime commissioner is to be paid authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of
expenses incurred by a commissioner in the exercise of the commissioner’s
15functions, which are of the kinds and amounts determined by the Secretary
of State as payable in accordance with this paragraph.

(3) A determination under this paragraph may make different provision for
different cases.

4 (1) A police and crime commissioner must make authorised pension payments.

(2) 20In this paragraph “authorised pension payments” means—

(a) pensions to, or in respect of, persons who have been commissioner,
and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been commissioner,

25which are of the kinds and amounts determined by the Secretary of State as
payable in accordance with this paragraph.

5 (1) Payments under paragraph 2 and 3 are to be made by the police and crime
commissioner concerned.

(2) The Secretary of State must publish every determination under any of
30paragraphs 2 to 4.

Staff

6 (1) A police and crime commissioner must appoint—

Police Reform and Social Responsibility BillPage 108

(a) a person to be the head of the commissioner’s staff (referred to in this
Part as the commissioner’s chief executive); and

(b) a person to be responsible for the proper administration of the
commissioner’s financial affairs (referred to in this Part as the
5commissioner’s chief finance officer).

(2) A police and crime commissioner must comply with paragraphs 9 to 12 in
appointing the commissioner’s chief executive or the commissioner’s chief
finance officer.

(3) A police and crime commissioner may appoint such other staff as the
10commissioner thinks appropriate to enable the commissioner to exercise the
functions of commissioner.

(4) Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of a police and crime commissioner as it applies to the persons
having responsibility for the administration of financial affairs mentioned in
15that section.

7 (1) A police and crime commissioner must appoint a person to act as chief
executive, or a chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the commissioner’s opinion, unable to
20carry out the duties of that post.

(2) A person may not be appointed under sub-paragraph (1) to act as chief
finance officer unless the person is qualified to be appointed to the post
under paragraph 6.

(3) A reference in any enactment to the chief executive, or chief finance officer,
25of a police and crime commissioner includes a reference to a person acting
as chief executive, or chief finance officer, in accordance with sub-paragraph
(1).

The deputy police and crime commissioner

8 (1) This paragraph applies to a person appointed under section 19 by a police
30and crime commissioner to be the deputy police and crime commissioner.

(2) None of the following may be appointed as the deputy police and crime
commissioner—

(a) a person who has not attained the age of 18 on the day of the
appointment;

(b) 35a person who is subject to a relevant disqualification;

(c) a Member of the House of Commons;

(d) a member of the European Parliament;

(e) a member of the National Assembly for Wales;

(f) a member of the Scottish Parliament;

(g) 40a member of the Northern Ireland Assembly.

(3) The terms and conditions of a person who is appointed as the deputy police
and crime commissioner must provide for the appointment to end not later
than the day when the current term of office of the appointing police and
crime commissioner ends.

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(4) Section 7 of the Local Government and Housing Act 1989 (appointment of
staff on merit) does not apply to the deputy police and crime commissioner.

(5) In this paragraph “current term of office”, in relation to the appointment of
a deputy police and crime commissioner by a police and crime
5commissioner, means the commissioner’s term of office which is running at
the time the appointment is made.

(6) For the purposes of this paragraph, a person is subject to a relevant
disqualification if the person is disqualified from being elected as, or being,
a police and crime commissioner under—

(a) 10section 66(1) (police officers, police-related employment etc), other
than paragraph (e)(ii); or

(b) section 67(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,
bankruptcy, criminal convictions & corrupt or illegal election
practices).

15Scrutiny of senior appointments

9 (1) A police and crime commissioner must notify the relevant police and crime
panel of each proposed appointment by the commissioner of—

(a) the commissioner’s chief executive,

(b) the commissioner’s chief finance officer, or

(c) 20a deputy police and crime commissioner.

(2) In a case where the police and crime commissioner notifies the relevant
police and crime panel of such an appointment (“a proposed senior
appointment”), the commissioner must also notify the panel of the following
information—

(a) 25the name of the person whom the commissioner is proposing to
appoint (“the candidate”);

(b) the criteria used to assess the suitability of the candidate for the
appointment;

(c) why the candidate satisfies those criteria; and

(d) 30the terms and conditions on which the candidate is to be appointed.

10 (1) This paragraph applies if a police and crime panel is notified under
paragraph 9 of a proposed senior appointment.

(2) The panel must review the proposed senior appointment.

(3) The panel must make a report to the commissioner on the proposed senior
35appointment.

(4) The report must include a recommendation to the police and crime
commissioner as to whether or not the candidate should be appointed.

(5) The panel must comply with sub-paragraphs (2) to (4), within the period of
three weeks beginning with the day on which the panel receives the
40notification from the commissioner of the proposed senior appointment.

(6) The panel must publish the report to the commissioner made under this
paragraph.

(7) It is for the panel to determine the manner in which the recommendation is
to be published in accordance with sub-paragraph (6).