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Police Reform and Social Responsibility Bill (HL Bill 86)

Police Reform and Social Responsibility BillPage 180

Continuity

21 (1) The abolition of an existing police authority, the transfer or abolition of its
functions, and the transfer of its property, rights and liabilities, do not affect
the validity of anything done before the abolition or transfer.

(2) 5The replacement of an existing chief officer, the transfer or abolition of the
functions of an existing chief officer, and the transfer of the rights and
liabilities of an existing chief officer, do not affect anything done before the
replacement, transfer or abolition.

(3) The transfer of the property, rights and liabilities of a new policing body
10does not affect anything done before the transfer.

(4) Sub-paragraphs (5) to (7) apply where any functions, property, rights or
liabilities are transferred by or under this Act from a person (the
“transferor”) to another person (the “transferee”).

(5) There may be continued by or in relation to the transferee anything
15(including legal proceedings) which—

(a) relates to any of the functions, property, rights or liabilities
transferred, and

(b) is in the process of being done by or in relation to the transferor
immediately before the transfer takes effect.

(6) 20Anything which—

(a) was made or done by or in relation to the transferor for the purposes
of, or otherwise in connection with, any of the functions, property,
rights or liabilities transferred, and

(b) is in effect immediately before the transfer takes effect,

25has effect as if made or done by or in relation to the transferee.

(7) The transferee is to be substituted for the transferor in any instruments,
contracts or legal proceedings which—

(a) relate to any of the functions, property, rights or liabilities
transferred, and

(b) 30are made or commenced before the transfer takes effect.

(8) The Secretary of State may, by direction, determine any question under this
section as to—

(a) whether any particular functions, property, rights or liabilities are
transferred by or under this Act, or

(b) 35the person to which any particular functions, property, rights or
liabilities are transferred by or under this Act.

(9) The preceding provisions of this paragraph—

(a) are without prejudice to Part 2 of this Schedule and any power to
make a transfer scheme, and

(b) 40are subject to the provisions of Part 2 of this Schedule and any
transfer scheme.

(10) In this paragraph a reference to the transfer of a function includes a reference
to the abolition of the function and the conferral of a corresponding function
on another person.

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Foreign property etc: perfection of vesting

22 (1) Subsections (2) to (8) of section 414 of the Greater London Authority Act
1999 (foreign property, rights and liabilities: perfection of vesting) apply in
any case where a transfer by or under this Act provides for the transfer of
5foreign property, rights or liabilities.

(2) In the application of those provisions by virtue of sub-paragraph (1)—

(a) references to a transfer or pension instrument have effect as
references to the transfer by or under this Act; and

(b) references to the transferor and the transferee are to be construed
10accordingly.

Transfers: supplementary provision

23 (1) All property, rights and liabilities to which a statutory transfer applies are to
be transferred by that transfer, notwithstanding that they may be or
include—

(a) 15property, rights and liabilities that would not otherwise be capable
of being transferred, or

(b) rights and liabilities under enactments.

(2) The property, rights and liabilities which may be transferred by a transfer
scheme include—

(a) 20property, rights and liabilities that would not otherwise be capable
of being transferred, or

(b) rights and liabilities under enactments.

(3) No right of reverter, right of pre-emption, right of forfeiture, right of re-
entry, right to compensation, option or similar right affecting any land or
25other property shall operate or become exercisable as a result of any transfer
of land or other property by virtue of a statutory transfer or a transfer
scheme (whether or not any consent required to the transfer has been
obtained).

(4) No right to terminate or vary a contract or instrument shall operate or
30become exercisable, and no provision of a contract or relevant document,
shall operate or become exercisable or be contravened, by reason of any
transfer by virtue of a statutory transfer or a transfer scheme.

(5) Sub-paragraphs (2) to (4) above have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land
35or other property, or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(6) A transfer scheme may make provision for the apportionment or division of
any property, rights or liabilities.

(7) 40Where a transfer scheme makes provision for the apportionment or division
between two or more persons of any rights or liabilities under a contract, the
contract shall have effect, as from the coming into force of the provision, as
if it constituted two or more separate contracts separately enforceable by
and against each of those persons respectively as respects the part of the
45rights or liabilities which falls to that person as a result of the apportionment
or division.

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(8) The provision that may be made by a transfer scheme includes provision
for—

(a) any transfer of land or other property by virtue of the instrument,

(b) the grant or creation of any estate or interest in, or right over, any
5land or other property by virtue of the instrument, or

(c) the doing of any other thing in relation to land or other property by
virtue of the instrument,

to be on such terms, including financial terms, as the person making the
scheme thinks fit.

(9) 10The Secretary of State may by order confer on any body or person to whom
property, rights or liabilities are transferred by a statutory transfer or
transfer scheme any statutory functions which were previously exercisable
in relation to that property, or those rights or liabilities, by the transferor.

(10) It shall be the duty—

(a) 15of existing police authorities, new policing bodies, existing chief
officers, new chief officers and local authorities, and

(b) of the trustees or managers, or administrators, of any pension
scheme,

to provide the Secretary of State with such information or assistance as the
20Secretary of State may reasonably require for the purposes of, or in
connection with, the exercise of any powers exercisable by the Secretary of
State in relation to a statutory transfer or a transfer scheme.

(11) Where any person is entitled, in consequence of any transfer made by virtue
of a statutory transfer or transfer scheme, to possession of a document
25relating in part to the title to, or to the management of, any land or other
property in England and Wales—

(a) the instrument may contain provision for treating that person as
having given another person an acknowledgment in writing of the
right of that other person to the production of the document and to
30delivery of copies thereof; and

(b) section 64 of the Law of Property Act 1925 (production and safe
custody of documents) shall have effect accordingly, and on the basis
that the acknowledgment did not contain any such expression of
contrary intention as is mentioned in that section.

(12) 35In this paragraph—

  • “relevant document” means—

    (a)

    any enactment, other than an enactment contained in this
    Act;

    (b)

    any subordinate legislation made otherwise than under this
    40Act; or

    (c)

    any deed or other instrument;

  • “statutory transfer” means a transfer under Part 1 or 2 of this Schedule;

  • “transfer scheme” means a transfer scheme under Part 3.

Power to make transitional provision etc

24 (1) 45The Secretary of State may, by order, make such transitional and transitory
provision, and savings, as the Secretary of State considers appropriate in
connection with Part 1 of this Act (including provision that supplements or
varies the provision made by this Schedule).

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(2) An order under this paragraph may, in particular—

(a) amend, or otherwise modify, any enactment;

(b) make any provision that may be made by a transfer scheme under
Part 3 of this Schedule (whether the provision in the order relates to
5that Part or Part 2 of this Schedule);

(c) provide for the new policing body for a police area to make any
payment which—

(i) before a day specified in the order could have been made out
of the police fund of the existing police authority for that area,
10but

(ii) is not a liability which is transferred to the new policing body
by virtue of Part 2 of this Schedule;

(d) provide for a new chief officer or a local authority to which property,
rights or liabilities of a new policing body are, or are to be,
15transferred by virtue of a transfer scheme under Part 1A of this
Schedule to make any payment which—

(i) before a day specified in the order could have been made out
of the police fund of that new policing body, but

(ii) is not a liability which could be transferred by virtue of such
20a transfer scheme;

(e) make provision in relation to the accounts and audit of—

(i) existing police authorities, and

(ii) new policing bodies.

(3) Provision of the kind referred to in sub-paragraph (2)(e) may, in particular—

(a) 25amend, or otherwise modify, any enactment relating to the accounts
and audit of public bodies in its application to—

(i) an existing police authority and the financial year in which
that authority is abolished, or

(ii) a new policing body and the financial year in which that body
30is established;

(b) provide for the Secretary of State to give directions as to action to be
taken in relation to the accounts and audit of—

(i) an existing police authority in relation to the financial year in
which that authority is abolished, or

(ii) 35a new policing body in relation to the financial year in which
that body is established;

(c) provide for a person who, in acting in accordance with such a
direction, fails to comply with a code of practice or other document
relating to proper accounting practice to be taken not to have so
40failed to comply.

Part 5 Interpretation

25 In this Schedule—

  • “existing chief officer” means—

    (a)

    45in relation to a police area listed in Schedule 1 to the Police
    Act 1996, the chief constable of the police force for that area
    before the coming into force of section 3 of this Act in relation
    to that area;

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    (b)

    in relation to the metropolitan police district, the
    Commissioner of Police of the Metropolis immediately
    before the coming into force of section 5;

  • “existing police authority” means—

    (a)

    5in relation to a police area listed in Schedule 1 to the Police
    Act 1996, the police authority established under section 3 of
    that Act for that area;

    (b)

    in relation to the metropolitan police district, the
    Metropolitan Police Authority;

  • 10“local authority” means—

    (a)

    in relation to England, a county council or a district council;

    (b)

    in relation to Wales, a county council or a county borough
    council;

  • “new chief officer” means—

    (a)

    15in relation to a police area listed in Schedule 1 to the Police
    Act 1996, the chief constable established for that police area
    under section 3 of this Act;

    (b)

    in relation to the metropolitan police district, the
    Commissioner of Police of the Metropolis established under
    20section 5;

  • “new policing body” means—

    (a)

    in relation to a police area listed in Schedule 1 to the Police
    Act 1996, the police and crime commissioner for that area;

    (b)

    in relation to the metropolitan police district, the Mayor’s
    25Office for Policing and Crime;

  • “police force” means—

    (a)

    in relation to a police area listed in Schedule 1 to the Police
    Act 1996, the police force maintained for that area under
    section 2 of that Act;

    (b)

    30in relation to the metropolitan police district, the
    metropolitan police force;

  • “transfer scheme”, in relation to an existing police authority, means a
    scheme for transferring staff, property, rights or liabilities of that
    authority.

Section 99

35SCHEDULE 16 Police reform: minor and consequential amendments

Part 1 Police Act 1996

1 The Police Act 1996 is amended in accordance with this Part.

2 40For the italic cross-heading before section 1 substitute—

Police areas and police forces.

3 Omit the italic cross-heading before section 2.

Police Reform and Social Responsibility BillPage 185

4 (1) Section 2 (maintenance of police forces) is amended in accordance with this
paragraph.

(2) The existing provision of section 2 becomes subsection (1) of that section.

(3) After that subsection, insert—

(2) 5For further provision about the maintenance of those police forces,
see Chapter 1 of Part 1 of the Police Reform and Social Responsibility
Act 2011..

5 Omit—

(a) sections 3 to 5, and

(b) 10the italic cross-heading before section 5A.

6 (1) Section 5A (maintenance of the metropolitan police force) is amended in
accordance with this paragraph.

(2) The existing provision of section 5A becomes subsection (1) of that section.

(3) After that subsection, insert—

(2) 15For further provision about the maintenance of the metropolitan
police force, see Chapter 2 of Part 1 of the Police Reform and Social
Responsibility Act 2011..

7 Omit sections 5B to 6.

8 Before section 6ZA insert the following cross-heading—

The City of London.

9 20After that cross-heading insert—

6AZA Common Council to remain police authority for City

The Common Council of the City of London is to continue to be the
police authority for the City of London police area..

10 (1) Section 6ZA (power to confer particular functions on police authorities) is
25amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1), for “police authorities” substitute “the Common Council”.

(4) In subsection (2)—

(a) for “a police authority” substitute “the Common Council”;

(b) 30for “police force maintained for its area” substitute “the City of
London police force”;

(c) for “the authority” substitute “the Common Council”.

(5) In subsection (3), for paragraphs (a) and (b) substitute—

(a) the Common Council,

(b) 35the Commissioner of Police for the City of London, and.

(6) Omit subsection (4).

11 (1) Section 6ZB (plans by police authorities) is amended in accordance with this
paragraph.

Police Reform and Social Responsibility BillPage 186

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1)—

(a) for “every police authority” substitute “the Common Council”;

(b) for “the authority’s” substitute “the Common Council’s”;

(c) 5for “its area” substitute “the City of London police area, and for the
discharge by the City of London Police of its national or international
functions”.

(4) For subsection (2) substitute—

(2) In issuing a policing plan, the Common Council must have regard to
10the strategic policing requirement issued under section 37A..

(5) In subsection (3)—

(a) for “a police authority” substitute “the Common Council”;

(b) for “relevant chief officer of police” substitute “Commissioner of
Police for the City of London”;

(c) 15for “the authority” substitute “the Common Council”.

(6) In subsection (4)—

(a) for “a police authority” substitute “the Common Council”;

(b) for “relevant chief officer of police” (in the first place) substitute
“Commissioner of Police for the City of London”;

(c) 20for “authority for” substitute “Common Council for”;

(d) for “Authority shall” substitute “Common Council shall”;

(e) for “relevant chief officer of police” (in the second place) substitute
“Commissioner of Police for the City of London”.

(7) In subsection (8), for paragraphs (a) and (b) substitute—

(a) 25the Common Council,

(b) the Commissioner of Police for the City of London, and.

(8) Omit subsection (9).

(9) Omit subsection (11).

12 (1) Section 6ZC (reports by police authorities) is amended in accordance with
30this paragraph.

(2) In the title, for “police authorities” substitute “the Common Council”.

(3) In subsection (1)—

(a) for “police authorities” substitute “the Common Council”;

(b) for “policing of their areas” substitute “discharge of the Common
35Council’s functions”.

(4) In subsection (3), for paragraphs (a) and (b) substitute—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and.

(5) Omit subsection (4).

13 40Omit sections 8A to 9G.

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14 Before section 9H insert the following cross-heading—

Police ranks.

15 Omit sections 10 to 12A.

16 Omit sections 14 to 17.

17 5Before section 18 insert the following cross-heading—

City of London.

18 (1) Section 18 (supply of goods and services) is amended in accordance with this
paragraph.

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

(3) 10In subsection (1)(b)—

(a) for “shall also apply with that modification” substitute “shall,”;

(b) at the end insert “, apply with the modification set out in subsection
(2)”.

(4) In subsection (3)—

(a) 15for “A police authority” substitute “The Common Council in its
capacity as police authority”;

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

(c) for “a police authority collaboration agreement” substitute “force
20collaboration provision in a collaboration agreement”.

19 Omit sections 19 to 21.

20 Omit the cross-heading “General provisions” before section 22.

21 (1) Section 22 (reports by chief constables to police authorities) is amended as
follows.

(2) 25In subsection (1)—

(a) for “Every chief officer of police of a police force” substitute “The
Commissioner of Police for the City of London”;

(b) for “police authority” substitute “Common Council”;

(c) for the words from “the area” to “maintained” substitute “the City of
30London police area”.

(3) In subsection (2), for “A chief officer” substitute “The chief constable”.

(4) In subsection (3)—

(a) for “The chief officer of police of a police force” substitute “The
Commissioner of Police for the City of London”;

(b) 35for “police authority” substitute “Common Council”;

(c) for “that authority” substitute “the Common Council”;

(d) for “area for which the force is maintained” substitute “City of
London police area”.

(5) In subsection (4), for “police authority” substitute “Common Council”.

(6) 40In subsection (5)—

Police Reform and Social Responsibility BillPage 188

(a) for “chief officer” substitute “Commissioner of Police for the City of
London”;

(b) for “police authority” substitute “Common Council”;

(c) for “that authority” substitute “the Common Council”.

(7) 5In subsection (6)—

(a) for “police authority” substitute “Common Council”;

(b) for “the authority” substitute “the Common Council”.

22 After section 22 insert the following cross-heading—

General provisions.

23 (1) Section 24 (aid of one police force by another) is amended as follows.

(2) 10In subsection (3), for “sections 9A and 10(1)” substitute “sections 3 and 5 of
the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)”.

(3) For subsection (3A) substitute—

(3A) While a member of the civilian staff of a police force maintained
under section 2, or a member of the civilian staff of the metropolitan
15police force, is provided under this section for the assistance of
another police force, that member of staff is, notwithstanding section
3 or 5 of the 2011 Act, under the direction and control of the chief
officer of police of that other force..

(4) In subsection (4)—

(a) 20for “police authority” (in both places) substitute “local policing
body”;

(b) for “those authorities” substitute “those bodies”;

(c) for “police authorities” substitute “local policing bodies”.

(5) In subsection (4A)—

(a) 25for “police authority” substitute “local policing body”;

(b) for “section 10(1)” substitute “sections 3 and 5 of the 2011 Act”.

24 In section 25(1) (provision of special services)—

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

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

25 (1) 30Section 26 (provision of advice and assistance to international organisations
etc) is amended in accordance with this paragraph.

(2) In subsection (1)—

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

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

(3) 35In subsection (2)—

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

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

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

26 40In section 27 (special constables), in subsection (2), for “police force
collaboration agreement” substitute “collaboration agreement”.

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27 In section 28 (police cadets), in subsection (3)—

(a) for “Without prejudice to subsection (2)” substitute “Accordingly”;

(b) for “the police authority that maintains a police force” substitute “the
chief officer of a police force”.

28 (1) 5Section 30 (jurisdiction of constables) is amended in accordance with this
paragraph.

(2) In subsection (3A)—

(a) for “section 24” substitute “section 22A”;

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

(3) 10In subsection (3B), for “police force collaboration agreement under section
23” substitute “collaboration agreement under section 22A”.

29 For section 31 (rewards for diligence) substitute—

31 Rewards for diligence

(1) The chief constable of a police force maintained under section 2 may
15grant to members of that police force rewards for exceptional
diligence or other specially meritorious conduct.

(2) The Commissioner of Police of the Metropolis may grant to members
of the metropolitan police force rewards for exceptional diligence or
other specially meritorious conduct.

(3) 20The Common Council may, on the recommendation of the
Commissioner of Police for the City of London, grant out of the City
of London police fund to members of the City of London police force
rewards for exceptional diligence or other specially meritorious
conduct..

30 (1) 25Section 39A (codes of practice for chief officers) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4)—

(a) for the words from “preparing” to “Agency” substitute “issuing or
revising such a code, the Secretary of State”;

(b) 30for paragraph (a) substitute—

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

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

(ab) 35the Common Council;;

(c) for “it” substitute “the Secretary of State”.

31 (1) Section 42A is amended in accordance with this paragraph.

(2) In the title, for “removal of senior officers” substitute “exercise of powers
under section 42
”.

(3) 40In subsection (1), omit “9E, 11 or”.

(4) In subsection (2), for paragraph (a) substitute—

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