Police Reform and Social Responsibility Bill (HL Bill 86)

A

BILL

TO

Make provision about the administration and governance of police forces;
about the licensing of, and for the imposition of a late night levy in relation to,
the sale and supply of alcohol, and for the repeal of provisions about alcohol
disorder zones; for the repeal of sections 132 to 138 of the Serious Organised
Crime and Police Act 2005 and for the prohibition of certain activities in
Parliament Square; to enable provision in local authority byelaws to include
powers of seizure and forfeiture; about the control of dangerous or otherwise
harmful drugs; to restrict the issue of arrest warrants for certain extra-
territorial offences; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Police reform

CHAPTER 1 Police areas outside London

1 Police and crime commissioners

(1) 5A police and crime commissioner has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention
conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(2) 10The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and

Police Reform and Social Responsibility BillPage 2

(b) secure that the police force is efficient and effective.

(3) The police and crime commissioner for a police area must hold the relevant
chief constable to account for the exercise of—

(a) the functions of the chief constable, and

(b) 5the functions of persons under the direction and control of the chief
constable.

(4) The police and crime commissioner must, in particular, hold the chief
constable to account for—

(a) the exercise of the duty under section 9(2) (duty to have regard to police
10and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996
(duty to have regard to strategic policing requirement);

(c) the exercise of the duty under section 39A(7) of the Police Act 1996
(duty to have regard to codes of practice issued by Secretary of State);

(d) 15the effectiveness and efficiency of the chief constable’s arrangements
for co-operating with other persons in the exercise of the chief
constable’s functions (whether under section 22A of the Police Act 1996
or otherwise);

(e) the effectiveness and efficiency of the chief constable’s arrangements
20under section 35 (engagement with local people);

(f) the extent to which the chief constable has complied with section 36
(value for money);

(g) the exercise of duties relating to equality and diversity that are imposed
on the chief constable by any enactment;

(h) 25the exercise of duties in relation to the safeguarding of children and the
promotion of child welfare that are imposed on the chief constable by
sections 10 and 11 of the Children Act 2004.

(5) The police authorities established for police areas under section 3 of the Police
Act 1996 are abolished.

(6) 30Schedule 1 (police and crime commissioners) has effect.

2 Police Commission

(1) There shall be a body corporate for each police area listed in Schedule 1 to the
Police Act 1996 to be known as a “Police Commission”.

(2) A Police Commission shall consist of—

(a) 35a police and crime commissioner, and

(b) a police and crime panel.

(3) The police and crime commissioner shall be appointed by the police and crime
panel (from amongst its own members).

3 Chief constables

(1) 40Each police force is to have a chief constable.

(2) The chief constable of a police force is to be appointed, and hold office, in
accordance with—

(a) section 39, and

(b) the terms and conditions of the appointment.

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(3) A police force, and the civilian staff of a police force, are under the direction
and control of the chief constable of the force.

(4) A chief constable has the other functions conferred by this Act and by other
enactments.

(5) 5A chief constable must exercise the power of direction and control conferred by
subsection (3) in such a way as is reasonable to assist the relevant police and
crime commissioner to exercise the commissioner’s functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement
(see section 22A of the Police Act 1996).

(7) 10Schedule 2 (chief constables) has effect.

(8) In this section “police force” means the police force for a police area listed in
Schedule 1 to the Police Act 1996 (see section 2 of that Act).

CHAPTER 2 Metropolitan police district

4 Mayor’s Office for Policing and Crime

(1) 15There is to be a body with the name “The Mayor’s Office for Policing and
Crime” for the metropolitan police district.

(2) The Mayor’s Office for Policing and Crime is a corporation sole.

(3) The person who is Mayor of London for the time being is to be the occupant for
the time being of the Mayor’s Office for Policing and Crime.

(4) 20Accordingly, where a person is the occupant of the Mayor’s Office for Policing
and Crime by virtue of a particular term of office as Mayor of London (the
“relevant mayoral term”), the person’s term as the occupant of the Mayor’s
Office for Policing and Crime—

(a) begins at the same time as the relevant mayoral term, and

(b) 25ends at the same time as the relevant mayoral term.

(5) The Mayor’s Office for Policing and Crime has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention
conferred by Chapter 3, and

(c) 30the other functions conferred by this Act and other enactments.

(6) The Mayor’s Office for Policing and Crime must—

(a) secure the maintenance of the metropolitan police force, and

(b) secure that the metropolitan police force is efficient and effective.

(7) The Mayor’s Office for Policing and Crime must hold the Commissioner of
35Police of the Metropolis to account for the exercise of—

(a) the functions of the Commissioner, and

(b) the functions of persons under the direction and control of the
Commissioner.

(8) The Mayor’s Office for Policing and Crime must, in particular, hold the
40Commissioner to account for—

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(a) the exercise of the duty imposed by section 9(4) (duty to have regard to
police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996
(duty to have regard to the strategic policing requirement);

(c) 5the exercise of the duty imposed by section 39A(7) of the Police Act
1996 (duty to have regard to codes of practice issued by Secretary of
State);

(d) the effectiveness and efficiency of the Commissioner’s arrangements
for co-operating with other persons in the exercise of the
10Commissioner’s functions (whether under section 22A of the Police Act
1996 or otherwise);

(e) the effectiveness and efficiency of the Commissioner’s arrangements
under section 35 (engagement with local people);

(f) the extent to which the Commissioner has complied with section 36
15(value for money);

(g) the exercise of duties relating to equality and diversity imposed on the
Commissioner by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the
promotion of child welfare that are imposed on the Commissioner by
20sections 10 and 11 of the Children Act 2004.

(9) In section 424 of the Greater London Authority Act 1999 (interpretation), in
subsection (1), in the definition of “functional body”, for paragraph (c)
substitute—

(c) the Mayor’s Office for Policing and Crime; or.

(10) 25In this section, references to the Mayor of London include references to a
person who is, by virtue of Schedule 4 to the Greater London Authority Act
1999 (exercise of functions of Mayor during vacancy or incapacity), treated as
if the person were the Mayor of London.

(11) Where such a person is the occupant for the time being of the Mayor’s Office
30for Policing and Crime, references in this section to the relevant mayoral term
are references to the period for which the person is treated as if the person were
the Mayor of London.

(12) The Metropolitan Police Authority is abolished.

(13) Schedule 3 (Mayor’s Office for Policing and Crime) has effect.

5 35Commissioner of Police of the Metropolis

(1) There is to be a corporation sole with the name “the Commissioner of Police of
the Metropolis”.

(2) The Commissioner of Police of the Metropolis is to be appointed, and hold
office, in accordance with—

(a) 40sections 43 and 49, and

(b) the terms and conditions of the appointment.

(3) The metropolitan police force, and the civilian staff of the metropolitan police
force, are under the direction and control of the Commissioner of Police of the
Metropolis.

(4) 45The Commissioner of Police of the Metropolis has the other functions
conferred by this Act and by other enactments.

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(5) The Commissioner of Police of the Metropolis must exercise the power of
direction and control conferred by subsection (3) in such a way as is reasonable
to assist the Mayor’s Office for Policing and Crime to exercise that Office’s
functions.

(6) 5Subsection (3) is subject to any provision included in a collaboration agreement
(see section 22A of the Police Act 1996).

(7) Schedule 4 (Commissioner of Police of the Metropolis) has effect.

CHAPTER 3 Functions of elected local policing bodies etc

Community safety and crime prevention

6 10Police and crime commissioners to issue police and crime plans

(1) The police and crime commissioner for a police area must issue a police and
crime plan within the financial year in which each ordinary election is held.

(2) A police and crime commissioner must comply with the duty under subsection
(1) as soon as practicable after the commissioner takes office.

(3) 15A police and crime commissioner may, at any time, issue a police and crime
plan.

(4) A police and crime commissioner may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, a police and crime commissioner
must have regard to the strategic policing requirement issued by the Secretary
20of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, a police and crime
commissioner must—

(a) prepare a draft of the plan or variation,

(b) consult the relevant chief constable in preparing the draft plan or
25variation,

(c) send the draft plan or variation to the relevant police and crime panel,

(d) have regard to any report or recommendations made by the panel in
relation to the draft plan or variation (see section 29(3)),

(e) give the panel a response to any such report or recommendations, and

(f) 30publish any such response.

(7) In complying with subsection (6)(c), the police and crime commissioner must
ensure that the relevant police and crime panel has a reasonable amount of
time to exercise its functions under section 29(3).

(8) A police and crime commissioner must consult the relevant chief constable
35before issuing or varying a police and crime plan if, and to the extent that, the
plan or variation is different from the draft prepared in accordance with
subsection (6).

(9) A police and crime commissioner must—

(a) keep the police and crime plan under review, and

(b) 40in particular, review the police and crime plan in the light of—

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(i) any report or recommendations made to the commissioner by
the relevant police and crime panel under section 29(4), and

(ii) any changes in the strategic policing requirement issued by the
Secretary of State under section 37A of the Police Act 1996;

5and exercise the powers under subsection (3) or (4) accordingly.

(10) A police and crime commissioner who issues or varies a police and crime plan
must—

(a) send a copy of the issued plan, or the variation, to the relevant chief
constable and to each of the other persons and bodies that are, for the
10purposes of section 5 of the Crime Disorder Act 1998, responsible
authorities in relation to local government areas that are wholly or
partly within the relevant police area, and

(b) publish a copy of the issued plan, or the variation.

(11) The duty under subsection (10) to send or publish a copy of the variation may
15instead be satisfied by sending or publishing a copy of the plan as varied.

(12) It is for the commissioner to determine the manner in which—

(a) a response to a report or recommendations is to be published in
accordance with subsection (6)(f), and

(b) a copy of the plan or variation is to be published in accordance with
20subsection (10)(b).

(13) In this section—

  • “financial year” means the financial year of the police and crime
    commissioner;

  • “ordinary election”, in relation to the police and crime commissioner for a
    25police area, means an election held under section 51 in relation to that
    area.

7 Mayor’s Office for Policing and Crime to issue police and crime plans

(1) The Mayor’s Office for Policing and Crime must issue a police and crime plan
within the financial year in which each ordinary election is held.

(2) 30The Mayor’s Office for Policing and Crime must comply with the duty under
subsection (1) as soon as practicable after the person elected in the ordinary
election takes office.

(3) The Mayor’s Office for Policing and Crime may, at any time, issue a police and
crime plan.

(4) 35The Mayor’s Office for Policing and Crime may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, the Mayor’s Office for Policing
and Crime must have regard to the strategic policing requirement issued by the
Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, the Mayor’s Office for
40Policing and Crime must—

(a) prepare a draft of the plan or variation,

(b) consult the Commissioner of Police of the Metropolis in preparing the
draft plan or variation,

(c) send the draft plan or variation to the police and crime panel of the
45London Assembly (see section 33), and

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(d) have regard to any report or recommendations made by the panel in
relation to the draft plan or variation (see section 34(1)).

(7) In complying with subsection (6)(c), the Mayor’s Office for Policing and Crime
must ensure that the police and crime panel has a reasonable amount of time
5to exercise its functions under section 34(1).

(8) The Mayor’s Office for Policing and Crime must consult the Commissioner of
Police of the Metropolis before issuing or varying a police and crime plan if,
and to the extent that, the plan or variation is different from the draft prepared
in accordance with subsection (6).

(9) 10The Mayor’s Office for Policing and Crime must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of any
changes in the strategic policing requirement issued by the Secretary of
State under section 37A of the Police Act 1996;

15and exercise the powers under subsection (3) or (4) accordingly.

(10) The provisions of the 1999 Act set out in subsection (11) apply to the Mayor’s
Office for Policing and Crime and police and crime plans as the provisions
apply to the Mayor of London and the relevant mayoral strategies.

(11) Those provisions of the 1999 Act are—

(a) 20section 33(1)(b) and (c) (equality of opportunity);

(b) section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12)
(general duties in preparing and revising strategies);

(c) section 42(1) and (6) (consultation);

(d) section 42A (apart from subsection (2)) (consultation: supplementary
25provision);

(e) section 43 (publicity and availability of strategies);

(f) section 44 (directions by the Secretary of State).

(12) Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as
if the police and crime plan were a strategy listed in section 41(1) of the 1999
30Act.

(13) The Mayor of London and the Mayor’s Office for Policing and Crime must co-
operate with each other in exercising their respective functions under section
41(5)(b) of the 1999 Act.

(14) In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act
35(duty to send copies of current version of police and crime plan) has effect with
the insertion after “to each London borough council” of the words “and to each
of the other persons and bodies that are, for the purposes of section 5 of the
Crime Disorder Act 1998, responsible authorities in relation to local
government areas that are wholly or partly within the metropolitan police
40district”.

(15) In this section—

  • “1999 Act” means the Greater London Authority Act 1999;

  • “financial year” means the financial year of the Mayor’s Office for Policing
    and Crime;

  • 45“ordinary election” means an election of the Mayor of London held under
    section 3 of the 1999 Act;

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  • “relevant mayoral strategy”, in relation to a provision set out in subsection
    (11), means a strategy to which the provision applies.

8 Police and crime plans

(1) A police and crime plan is a plan which sets out, in relation to the planning
5period, the following matters—

(a) the elected local policing body’s police and crime objectives;

(b) the policing of the police area which the chief officer of police is to
provide;

(c) the financial and other resources which the elected local policing body
10is to provide to the chief officer of police for the chief officer to exercise
the functions of chief officer;

(d) the means by which the chief officer of police will report to the elected
local policing body on the chief officer’s provision of policing;

(e) the means by which the chief officer of police’s performance in
15providing policing will be measured;

(f) the crime and disorder reduction grants which the elected local
policing body is to make, and the conditions (if any) to which such
grants are to be made.

(2) The elected local policing body’s police and crime objectives are the body’s
20objectives for—

(a) the policing of the body’s area,

(b) crime and disorder reduction in that area, and

(c) the discharge by the relevant police force of its national or international
functions.

(3) 25A police and crime plan has effect from the start of the planning period until—

(a) the end of that planning period, or

(b) if another police and crime plan is issued in relation to the elected local
policing body’s area before the end of that planning period, the day
when that other plan first has effect.

(4) 30The Secretary of State may give guidance to elected local policing bodies about
the matters to be dealt with in police and crime plans.

(5) An elected local policing body must have regard to such guidance.

(6) Before giving guidance under subsection (4) the Secretary of State must
consult—

(a) 35such persons as appear to the Secretary of State to represent the views
of police and crime commissioners,

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

(c) such persons as appear to the Secretary of State to represent the views
of chief officers of police, and

(d) 40such other persons as the Secretary of State thinks fit.

(7) In this section, in relation to a police and crime plan—

  • “financial year” means the financial year of the elected local policing
    body;

  • “ordinary election”—

    (a)

    45in relation to a police and crime commissioner, has the meaning
    given in section 6;

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    (b)

    in relation to the Mayor’s Office for Policing and Crime, has the
    meaning given in section 7;

  • “planning period”, in relation to a police and crime plan, is the period
    that—

    (a)

    5begins with—

    (i)

    the day on which the plan is issued, or

    (i) if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and

    (b)

    ends with the last day of the financial year in which the next
    ordinary election is expected to take place after the plan is
    10issued;

  • “qualifying day” means a day which meets the following conditions (so
    far as applicable)—

    (a)

    the day must fall after the day on which the plan is issued;

    (b)

    the day must not fall after the day on which the next ordinary
    15election is expected to take place after the plan is issued;

    (c)

    in the case of a plan issued in accordance with the duty in
    section 6(1) or 7(1), the day must be, or fall before, the first day
    of the financial year following the financial year in which that
    duty must be complied with.

9 20Duty to have regard to police and crime plan

(1) A police and crime commissioner must, in exercising the functions of
commissioner, have regard to the police and crime plan issued by the
commissioner.

(2) The chief constable of the police force for a police area listed in Schedule 1 to
25the Police Act 1996 must, in exercising the functions of chief constable, have
regard to the police and crime plan issued by the police and crime
commissioner for that police area.

(3) The Mayor’s Office for Policing and Crime must, in exercising the functions of
the Office, have regard to the police and crime plan issued by the Office.

(4) 30The Commissioner of Police of the Metropolis must, in exercising the functions
of Commissioner, have regard to the police and crime plan issued by the
Mayor’s Office for Policing and Crime.

(5) The Secretary of State may give guidance to a person subject to a duty under
this section about how that duty is to be complied with.

(6) 35A person given such guidance must have regard to the guidance.

(7) Before giving guidance under subsection (5) the Secretary of State must
consult—

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

(b) 40the Mayor’s Office for Policing and Crime,

(c) such persons as appear to the Secretary of State to represent the views
of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.