Police Reform and Social Responsibility Bill (HL Bill 86)

2 (1) Section 5 (authorities responsible for strategies) is amended as follows.

(2) Omit subsection (1)(c).

(3) For subsections (1A) and (1B) substitute—

“(1A) The relevant local policing body in relation to two or more local
5government areas in England may make a combination agreement
with the responsible authorities in relation to those areas (the
“combined area”).

(1B) A combination agreement is an agreement for the functions
conferred by or under section 6 or by section 7 to be carried out in
10relation to the combined area as if it constituted only one local
government area.

(1BA) The responsible authorities in relation to a combined area are all the
persons who are the responsible authorities in relation to each local
government area that falls within the combined area.

(1BB) 15Section 5A contains further provision about the making and contents
of combination agreements.”.

(4) In subsection (1C) for “An order under subsection (1A) above” substitute “A
combination agreement”.

(5) In subsection (1D), in the definition of “crime and disorder scrutiny
20functions”, for “an order under subsection (1A) above” substitute “a
combination agreement”.

(6) After subsection (1D) insert—

“(1E) The “relevant local policing body”, in relation to a combined area,
is—

(a) 25if the area falls (wholly or partly) within the police area of a
police and crime commissioner, the commissioner,

(b) if the area falls (wholly or partly) within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and

(c) if the area falls partly within the City of London, the Secretary
30of State.

(1F) If there is more than one relevant local policing body in relation to a
combined area by virtue of subsection (1E), the references in
subsection (1A) above and section 5A(2) to the relevant local policing
body in relation to the combined area are references to each of the
35relevant local policing bodies for that area acting jointly.”.

(7) In subsection (2) for “those functions” substitute “the functions conferred by
or under section 6”.

(8) In subsection (5), omit—

(a) the word “and” at the end of the definition of “fire and rescue
40authority”, and

(b) the definition of “police authority”.

3 After section 5 insert—

“5A Combination agreements: further provision

(1) A combination agreement for a combined area may only be made if
every responsible authority in relation to that area is a party to the
5agreement.

(2) The relevant local policing body for a combined area may enter into
a combination agreement for that area only if it considers that it
would be in the interests of one or more of the following to do so—

(a) reducing crime and disorder;

(b) 10reducing re-offending;

(c) combating the misuse of drugs, alcohol and other substances.

(3) Subsections (4) to (6) apply if a combined area in relation to a
combination agreement includes (wholly or party) the area of more
than one police area.

(4) 15The combination agreement must include arrangements for securing
effective and efficient co-operation—

(a) between each of the relevant local policing bodies in relation
to the combined area, and

(b) between the responsible authorities for the area and those
20relevant local policing bodies.

(5) The Secretary of State must be a party to the agreement (if not
already a party by virtue of being a relevant local policing body in
relation to the combined area).

(6) The Secretary of State may enter into the agreement only if the
25Secretary of State—

(a) considers that it would be in the interests of one or more of
the matters mentioned in subsection (2), and

(b) is satisfied that the arrangements mentioned in subsection (4)
are adequate for the purposes of securing effective and
30efficient co-operation in the carrying out of functions under
section 6.

(7) A combination agreement—

(a) must be in writing, and

(b) may be varied by a further combination agreement.

(8) 35A combination agreement may be terminated by agreement in
writing between the parties to it; and subsection (2), and (as the case
may be) (6)(a), applies to an agreement under this subsection.

(9) In this section “combination agreement”, “combined area” and
“relevant local policing body” have the same meanings as in section
405.”.

4 (1) Section 6 (formulation and implementation of strategies) is amended as
follows.

(2) In subsection (1), after “section 5” insert “, with subsection (1A),”.

(3) After subsection (1) insert—

“(1A) In exercising functions under subsection (1), apart from devolved
Welsh functions (as defined by section 5(8)), each of the responsible
authorities for a local government area must have regard to the
5police and crime objectives set out in the police and crime plan for
the police area which comprises or includes that local government
area.”.

(4) In subsection (3) after paragraph (c) insert—

“(ca) the conferring of functions on a police and crime
10commissioner for a police area in England in relation to the
formulation and implementation of a strategy for any local
government area that lies in that police area;”.

(5) After subsection (4) insert—

“(4A) Provision under subsection (3)(ca) may include provision—

(a) 15for a police and crime commissioner to arrange for meetings
to be held for the purpose of assisting in the formulation and
implementation of any strategy (or strategies) that the
commissioner may specify that relate to any part of the police
area of the commissioner,

(b) 20for the commissioner to chair the meetings, and

(c) for such descriptions and numbers of persons to attend the
meetings as the commissioner may specify (including, in
particular, representatives of the responsible authorities in
relation to the strategies to be discussed at the meetings).”.

5 (1) 25Section 7 (supplemental) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” (in the first place) substitute “relevant local
policing body for that area”, and

(b) for “the Secretary of State” (in the second place) substitute “that
30body”, and

(c) after “section 6 above” insert “, apart from devolved Welsh functions
(as defined by section 5(8)),”.

(3) After subsection (1) insert—

“(1A) The relevant local policing body in relation to a local government
35area may require a report under subsection (1) only if—

(a) the body is not satisfied that the responsible authorities for
the area are carrying out their functions under section 6 in an
effective and efficient manner, and

(b) the body considers it reasonable and proportionate in all the
40circumstances to require a report.”

(4) In subsection (3)—

(a) for “Secretary of State” substitute “relevant local policing body”, and

(b) for “him” substitute “the body”.

(5) After subsection (3) insert—

“(4) 45Relevant local policing body”, in relation to a local government
area, means—

(a) if the area (or any part of it) falls within the police area of a
police and crime commissioner, the commissioner,

(b) if the area (or any part of it) falls within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and

(c) 5if the area (or any part of it) is the City of London, the
Secretary of State.

(5) If there is more than one relevant local policing body in relation to a
combined area that is to be treated as one local government area
under a combination agreement (see section 5(1A))—

(a) 10a report submitted under subsection (1) is to be submitted to
each of the relevant local policing bodies for the combined
area, and

(b) references in this section to any requirement or arrangement
made by the relevant local policing body are references to a
15requirement or arrangement made by each of the relevant
local policing bodies for the combined area acting jointly.”.

Section 89

SCHEDULE 12 Collaboration agreements

1 The Police Act 1996 is amended as follows.

2 (1) 20Section 23 (police force collaboration agreements) is amended in accordance
with this paragraph.

(2) In the title, for “Police force collaboration agreements” substitute
“Collaboration agreements involving police forces”.

(3) Omit subsection (1).

(4) 25In subsection (2), for the words before paragraph (a) substitute—

“(2) Force collaboration provision may, in particular, consist of
provision—”.

(5) Omit subsection (3).

(6) In subsection (4), for “An agreement” substitute “A collaboration
30agreement”.

(7) In subsection (5), for “an agreement” substitute “a collaboration agreement”.

(8) Omit subsections (6), (7) and (8).

3 (1) Section 23A (police authority collaboration agreements) is amended in
accordance with this section.

(2) 35For the title substitute “Collaboration agreements involving policing
bodies”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a) for the words before paragraph (a) substitute—

“(2) Policing body collaboration provision, or policing body &
force collaboration provision, may, in particular, consist of
provision—”;

(b) 5in paragraphs (a) and (b), for “authorities” substitute “policing
bodies”;

(c) in paragraph (c)—

(i) for “an authority” substitute “a policing body”;

(ii) for “another authority” (in each place) substitute “another
10policing body”.

(5) In subsection (3), for “In this section” substitute “In relation to policing body
collaboration provision, or policing body & force collaboration provision,”.

(6) Omit subsection (4).

(7) In subsection (5)—

(a) 15for “A police authority may make an agreement” substitute “A
policing body may make a collaboration agreement”;

(b) for “police authorities” substitute “policing bodies”.

(8) For subsection (6), substitute—

“(6) A policing body must consult the chief officer of police of the police
20force which the body is responsible for maintaining before making a
collaboration agreement (unless that chief officer is a party to the
agreement).”.

(9) Omit subsection (7).

4 (1) Section 23B (collaboration agreements: payments) is amended in accordance
25with this paragraph.

(2) In subsection (1), for “relevant police authorities” substitute “parties to the
agreement”.

(3) In subsection (2)—

(a) after “may” insert “in the case of policing bodies or chief officers of
30police who are parties to the agreement”;

(b) in paragraph (a), for “authorities” (in each place) substitute “policing
bodies or chief officers of police”.

(4) In subsection (3), for “A relevant police authority” substitute “A policing
body or chief officer of police”.

(5) 35Omit subsections (4) and (5).

5 (1) Section 23C (collaboration agreements: consultation and supplemental) is
amended in accordance with this paragraph.

(2) Omit subsection (1).

(3) After subsection (5) insert—

“(6) 40If circumstances are such that one or more of the parties to a
collaboration agreement would not, at a particular time, have power
to enter into a collaboration agreement of that description (whether
because of a failure to meet the requirements of section 22A(1) or (5)

or otherwise) each person who does not have that power must cease
to be a party to the agreement.”.

6 (1) Section 23D (collaboration agreements: accountability) is amended as
follows.

(2) 5In subsection (1)—

(a) for “police force collaboration agreement” substitute “collaboration
agreement”;

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

(3) In subsection (2), for “approving an agreement as mentioned in section 23(6),
10a police authority” substitute “making a collaboration agreement to which a
chief officer of police is to be a party, a policing body”.

(4) On subsection (3)—

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

(b) for “consider making” substitute “make”.

(5) 15In subsection (4), for “police authority” substitute “policing body”.

7 In section 23E (collaboration agreements: publication), in subsection (2), for
the words before “must” substitute “In a case where information is notified
to a chief officer of police under section 23D(2), that information”.

8 In section 23F (collaboration agreements: guidance), for “police authorities”
20(in each place) substitute “policing bodies”.

9 In section 23G (collaboration agreements: directions), in subsections (1) and
(2), for “police authorities” substitute “policing bodies”.

10 After section 23H insert—

23HA   Decisions about efficiency or effectiveness

25In reaching a conclusion about whether or not a collaboration
agreement is, or would be, in the interests of efficiency or
effectiveness of one or more police forces (the “police forces under
consideration”), a person must, in particular, consider—

(a) the existing collaboration agreements, and other
30arrangements for co-operation, to which the police forces
under consideration are parties;

(b) the desirability of police forces taking a consistent approach
in making such agreements and other arrangements; and

(c) the opportunities available to the police forces under
35consideration to make such agreements and other
arrangements.”.

11 (1) Section 23I (collaboration agreements: definitions) is amended in accordance
with this paragraph.

(2) In subsection (1), for “23” substitute “22A”.

(3) 40In subsection (4), for the words before paragraph (a) insert—

“(4) Policing body” means—

(aa) a local policing body,”.

(4) After subsection (4) insert—

“(5) The following expressions have the meanings given in section 22A—

• “collaboration agreement”;

• “force collaboration provision”;

• 5“policing body collaboration provision”;

• “policing body & force collaboration provision”.

(6) References to the police force which a policing body is responsible
for maintaining include—

(a) in the case of the British Transport Police Authority, the
10British Transport Police, and

(b) in the case of the Civil Nuclear Police Authority, the Civil
Nuclear Constabulary.

(7) References to a police force include—

(a) references to the special constables appointed by a chief
15officer of police, and

(b) references to the civilian employees of the police force;

and references to the members of a police force are to be read
accordingly.

(8) For that purpose “civilian employee” means—

(a) 20in the case of a police force maintained under section 2 or 5A,
the members of the civilian staff of that force;

(b) in the case of any other police force, the employees of the
policing body responsible for maintaining that force who are
under the direction and control of the chief officer of police of
25that force.”.

Section 90

SCHEDULE 13 Police powers for civilian employees under collaboration agreements

Police Act 1996

1 After section 23A of the Police Act 1996 insert—

23AA 30  Force collaboration provision about civilian employees

(1) This section applies to force collaboration provision, contained in a
collaboration agreement, which is about the discharge of functions
by designated civilian employees of one police force (the “assisting
force”) for the purposes of another police force (the “assisted force”).

(2) 35The force collaboration provision must specify—

(a) the functions which the designated civilian employees are
permitted by the collaboration agreement to discharge for the
purposes of the assisted force, and

(b) any restrictions or conditions on that permission for the
40designated civilian employees to discharge those functions.

(3) The force collaboration provision must not permit the designated
civilian employees to discharge functions for the purposes of the

assisted force unless those employees are, by virtue of the relevant
section 38 designation, authorised to discharge those functions for
the purposes of the assisting force.

(4) The force collaboration provision does not authorise the designated
5civilian employees to discharge functions for the purposes of the
assisted force (but see section 38B of the Police Reform Act 2002).

(5) References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
include references to—

(a) 10the joint discharge of functions by the civilian employees and
members of the assisted police force,

(b) the discharge of functions by the civilian employees in the
assisted force’s area, and

(c) the provision of the civilian employees to the assisted force.

(6) 15In this section—

• “designated”, in relation to a civilian employees of a police
  force, means designated by the chief officer of police of that
  force by a section 38 designation;

• “relevant section 38 designation”, in relation to a designated
  20civilian employees, means the section 38 designation relating
  to the employee;

• “section 38 designation” means a designation under section 38
  of the Police Reform Act 2002.”.

Police Reform Act 2002

2 25The Police Reform Act 2002 is amended as follows.

3 After section 38A insert—

“38B Police powers for civilian employees under collaboration agreements

(1) The chief officer of police of a police force (the “assisted force”) may
designate a person (“C”) who—

(a) 30is a civilian employee of another police force (the “assisting
force”),

(b) is designated under section 38 by the chief officer of police of
the assisting police force (the “section 38 designation”), and

(c) is permitted, under relevant police collaboration provision,
35to discharge powers and duties specified in that provision for
the purposes of the assisted force.

(2) The designation under subsection (1) (the “collaboration
designation”) must designate C as an officer of one or more of the
descriptions specified in section 38(2).

(3) 40The collaboration designation may designate C as an officer of a
particular description specified in section 38(2) only if the section 38
designation designates C as an officer of that description.

(4) C shall have the powers and duties conferred or imposed on C by the
collaboration designation.

(5) A power or duty may be conferred or imposed on C by the
collaboration designation only if C is permitted, under the relevant
police collaboration provision, to discharge that power or duty for
the purposes of the assisted force.

(6) 5C shall not be authorised or required by virtue of the collaboration
designation to engage in any conduct otherwise than in the course of
discharging a power or duty conferred or imposed on C by the
collaboration designation.

(7) The collaboration designation must specify the restrictions and
10conditions to which C is subject in the discharge of the powers and
duties conferred or imposed by the collaboration designation.

(8) Those restrictions and conditions must include the restrictions and
conditions specified in the relevant police collaboration provision.

(9) C is authorised or required to discharge any power or duty conferred
15or imposed by the collaboration designation subject to the
restrictions and conditions specified in the collaboration designation.

(10) References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
have the same meaning as in section 23B of the Police Act 1996.

(11) 20In this section—

• “civilian employee” has the meaning given by section 23I of the
  Police Act 1996;

• “relevant police collaboration provision” means provision,
  contained in a collaboration agreement under section 22A of
  25the Police Act 1996, which is of the kind referred to in section
  23AA of that Act.

38C Designations under section 38B: supplementary provision

(1) The collaboration designation of C must be in accordance with the
relevant police collaboration provision.

(2) 30Subsection (1) is in addition to section 38B(5) and (8).

(3) Subsections (8) and (9) of section 38 apply to any power exercisable
by C in reliance on the collaboration designation as they apply to a
power exercisable by a person in reliance on a designation under
section 38.

(4) 35In exercising or performing any power or duty in reliance on the
collaboration designation, C is to be taken—

(a) as exercising or performing that power or duty in reliance on
that collaboration designation (and not in reliance on any
designation under section 38); and

(b) 40accordingly, as not being a designated person (within the
meaning of section 46(1)) by virtue of any designation under
section 38.

(5) Expressions used in this section and section 38B have the same
meanings in this section as in section 38B.”.

4 (1) 45Section 42 (supplementary provisions relating to designations and
accreditations) is amended in accordance with this paragraph.

(2) In subsection (1), after “section 38” insert “, 38B”.

(3) After subsection (2) insert—

“(2ZA) A power exercisable by any person in reliance on a designation
under section 38B by the chief officer of police of the assisted force
5shall, subject to subsection (2A), be exercisable only by a person
wearing such uniform as may be—

(a) determined or approved for the purposes of this Chapter by
the chief officer of police of the assisting police force; and

(b) identified or described in the designation.

10In this subsection, “assisted force” and “assisting force” have the
same meanings as in section 38B.”.

(4) In subsection (2A), after “subsection (2)” insert “or (2ZA)”.

(5) In subsection (2B), after “section 38” insert “(in relation to subsection (2)) or
section 38B (in relation to subsection (2ZA))”.

(6) 15In subsection (3), after “section 38” insert “, 38B”.

(7) After subsection (7) insert—

“(7A) For the purposes of determining liability for the unlawful conduct of
a civilian employee of a police force (within the meaning of section
38B), conduct by such an employee in reliance or purported reliance
20on a designation under section 38B shall be taken to be conduct in the
course of the employee’s employment by the employer; and, in the
case of a tort, that employer shall fall to be treated as a joint tortfeasor
accordingly.”.

5 In section 46 (offences against designated and accredited persons etc), after
25subsection (4) insert—

“(5) References in this section to a designated person are to—

(a) a designated person within the meaning given by section
47(1), and

(b) a person in relation to whom a designation under section 38B
30is for the time being in force.”.

Railways and Transport Safety Act 2003

6 In section 28 of the Railways and Transport Safety Act 2003 (exercise of
powers by civilians), after subsection (1)(aa) insert—

“(ab) sections 38B and 38C (police powers for civilian employees
35under collaboration agreements),”.

Section 95

SCHEDULE 14 Police: complaints

Introduction

1 The Police Reform Act 2002 is amended in accordance with this Schedule.