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Police Reform and Social Responsibility Bill (HL Bill 86)

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32 In section 50 (regulations for police forces), in subsection (4)(a), for “police
authorities” substitute “local policing bodies”.

33 In section 51 (regulations for special constables), in subsection (3A)(a), for
“police authorities” substitute “local policing bodies”.

34 5In section 52 (regulations for police cadets), in subsection (1A)(a), for “police
authorities” substitute “local policing bodies”.

35 (1) Section 53A (regulation of procedures and practices) is amended in
accordance with this paragraph.

(2) In subsection (2), omit paragraph (b) (and the word “and” at the end of
10paragraph (a)).

(3) In subsection (3), for 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) 15the Common Council;.

(4) Omit subsection (5).

(5) In subsection (6), omit paragraph (a).

36 (1) Section 57 (common services) is amended in accordance with this
paragraph.

(2) 20In subsection (4), for 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) the Common Council,.

(3) 25Omit subsections (5) and (6).

37 In section 60 (regulations for Police Federations), in subsection (2)—

(a) in paragraph (c), after “Federations to” insert “local policing bodies,”;

(b) in paragraph (d), after “provided by” insert “local policing bodies
or”.

38 30In section 61 (the Police Negotiating Board for the United Kingdom), in
subsection (1)(a), for “authorities” substitute “persons and bodies”.

39 In section 63 (Police Advisory Boards for England and Wales and for
Scotland), in subsection (2), after “interests” insert “of local policing bodies,”.

40 In section 84 (representation etc at disciplinary and other proceedings), in
35the definition of “relevant authority” in subsection (4)—

(a) in paragraph (a), for “a senior officer” substitute “the chief officer of
police”;

(b) in paragraph (b), for “a senior officer, the police authority” substitute
“the chief officer of police, the local policing body”.

41 40In section 87 (guidance concerning disciplinary proceedings etc), in
subsection (1)—

(a) for paragraph (a) substitute—

(a) local policing bodies,;

Police Reform and Social Responsibility BillPage 191

(b) for paragraph (e), substitute—

(e) members of the civilian staff of a police force,
including the metropolitan police force (within the
meaning of Part 1 of the Police Reform and Social
5Responsibility Act 2011)..

42 (1) Section 88 (liability of wrongful acts of constables) is amended in accordance
with this paragraph.

(2) In subsections (2)(b) and (4), for “police authority” substitute “local policing
body”.

(3) 10In subsection (5)—

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

(b) in paragraph (c), for “authority’s” substitute “local policing body’s”.

(4) In subsection (5A), for “police authority” (in each place) substitute “local
15policing body”.

(5) In subsection (6), for “police authority” (in each place) substitute “local
policing body”.

43 In section 93 (acceptance of gifts or loans), in subsection (1), for “the
authority” substitute “the body”.

44 20In section 97 (police officers engaged on service outside their force), in
subsection (2), for “police authority” (in each place) substitute “local policing
body”.

45 (1) Section 98 (cross-border aid of one police force by another) is amended in
accordance with this paragraph.

(2) 25In subsection (6)—

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

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

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

(3) Before subsection (7) insert—

(6B) 30In this section “local policing body” includes—

(a) a police authority in Scotland, and

(b) the Northern Ireland Policing Board..

46 Omit Schedules 2 and 2A.

47 (1) Schedule 6 (appeals to Police Appeals Tribunals) is amended in accordance
35with this paragraph.

(2) In paragraph 2(1)—

(a) for “four members” substitute “three members”;

(b) for “relevant police authority” (in the first place) substitute “relevant
local policing body”;

(c) 40in sub-paragraph (b), at the end insert “and”;

(d) omit sub-paragraph (c).

(3) In paragraph 9, for “relevant police authority” (in each place) substitute
“relevant local policing body”.

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(4) In paragraph 10(b), for “relevant police authority” means the police
authority” substitute “relevant local policing body” means the local policing
body”.

Part 2 5Greater London Authority Act 1999

48 The Greater London Authority Act 1999 is amended in accordance with this
Part.

49 In section 45 (Mayor’s periodic report to Assembly), in subsection (7)(b), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
10Crime”.

50 In section 54 (discharge of functions by committees or single members), omit
subsection (6).

51 In section 61 (power to require attendance at Assembly meetings), in
subsection (12), omit paragraph (a).

52 15In section 86 (provisions supplemental to section 85), in subsection (2), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

53 (1) Section 90 (the special item for the purposes of section 89) is amended as
follows.

(2) 20In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.

(3) In subsection (2)—

(a) for “Metropolitan Police Authority” (in each place) substitute
“Mayor’s Office for Policing and Crime”;

(b) 25in paragraph (b), for “that Authority” substitute “that Office”.

54 In section 389 (the Superannuation Act 1972), in subsection (1)(d), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

55 In section 404 (discrimination), in subsection (1)(b), for “Metropolitan Police
30Authority” substitute “Mayor’s Office for Policing and Crime”.

56 In section 408 (transfers of property, rights or liabilities), in subsection (2),
for paragraph (f) substitute—

(f) a police and crime commissioner;.

57 In section 411 (pensions), omit subsection (9).

58 35In section 419 (taxation), in subsection (1)(b), for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.

59 In Schedule 4 (exercise of functions during vacancy or temporary incapacity
of Mayor), omit—

(a) paragraph 9, and

(b) 40paragraph 17.

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Part 3 Other enactments

Tramways Act 1870

60 In the Tramways Act 1870, in the heading of section 61 (power for local or
5police authorities to regulate traffic in roads), for “local or police
authorities
” substitute “local authorities and police”.

Riot (Damages) Act 1886

61 In the Riot (Damages) Act 1886, in section 9 (definitions), in paragraph (c) of
the definition of “compensation authority”, for “police authority” substitute
10“local policing body”.

Police (Property) Act 1897

62 (1) In the Police (Property) Act 1897, section 2 (regulations with respect to
unclaimed property in possession of police) is amended as follows.

(2) In subsection (2A)—

(a) 15for “relevant authority” (in each place) substitute “relevant body”;

(b) in paragraph (d), for “the authority” substitute “the relevant body”.

(3) In subsection (2B)—

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

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

20Licensing Act 1902

63 In the Licensing Act 1902, in section 6 (prohibition on sale of liquor to
persons declared to be habitual drunkards), for “police authority” (in each
place) substitute “local policing body”.

Local Government (Emergency Provisions) Act 1916

64 25In the Local Government (Emergency Provisions) Act 1916, in section 21
(interpretation), after “Provided that where any such authority is” insert “a
local policing body or”.

Police, Factories, &c (Miscellaneous Provisions) Act 1916

65 (1) In the Police, Factories, &c (Miscellaneous Provisions) Act 1916, section 5
30(regulation of street collections) is amended as follows.

(2) In subsection (1A), for paragraph (b) substitute—

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

(3) In subsection (2)(b), for “a police authority” substitute “the Mayor’s Office
for Policing and Crime”.

35Children and Young Persons Act 1933

66 The Children and Young Persons Act 1933 is amended as follows.

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67 In section 7 (sale of tobacco, etc, to persons under 18), in subsection (3), for
“police authority” substitute “local policing body”.

68 In section 12 (failing to provide for safety of children at entertainments), in
subsection (5)(b), for “police authority” substitute “chief officer of police”.

5Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

69 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.

70 In section 18 (protection of tenure, in connection with employment, under a
licence or a rent-free letting, by extension of the Rent Acts), in subsection
10(6)—

(a) after “either by the” insert “relevant local policing body or”;

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

71 In section 20 (modifications of Rent Acts as respects occupation by
employees), in subsection (3)(b), after “required by the” insert “relevant local
15policing body or”.

72 In section 23 (interpretation of Part 2), in subsection (1), in the definition of
“relevant police authority”—

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

(b) 20for “the police authority” substitute “the local policing body or the
police authority”.

73 In Schedule 2 (capacities in respect of which payments may be made under
Part 5, and paying authorities), in Part 1, in the second column of entry
number 4, at the beginning insert “The local policing body or”.

25Town and Country Planning Act 1959

74 In the Town and Country Planning Act 1959, in Part 1 of Schedule 4
(authorities in England and Wales to whom Part 2 applies), omit paragraph
8.

Land Compensation Act 1961

75 30In the Land Compensation Act 1961, in section 29 (interpretation of Part 4),
in the definition of “local authority” in subsection (1), in paragraph (a) omit
“, or a combined police authority”.

Trustee Investments Act 1961

76 The Trustee Investments Act 1961 is amended as follows.

77 35In section 11 (Local Authority investment schemes), in subsection (4)(a), for
the words from “police authority” to “1996” substitute “police and crime
commissioner”.

78 In Schedule 1 (manner of investment), in Part 2 (narrower-range of
investments requiring advice), in paragraph 9, for paragraph (d)
40substitute—

(d) a police and crime commissioner;.

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Local Government (Records) Act 1962

79 The Local Government (Records) Act 1962 is amended as follows.

80 In section 2 (acquisition and deposit of records), in subsection (6), omit the
words from “to a police authority” to “Metropolitan Police Authority,”.

81 5In section 8 (interpretation), in subsection (1), omit the words from “a police
authority” to “Metropolitan Police Authority,”.

Pipe-lines Act 1962

82 In the Pipe-lines Act 1962, in section 37 (fire brigades, police etc to be notified
of certain pipe-line accidents and to be furnished with information), in
10subsections (1)(a) and (2)(a), after “rescue authority” insert “, local policing
body”.

Offices, Shops and Railway Premises Act 1963

83 In the Offices, Shops and Railway Premises Act 1963, in section 90
(interpretation), in subsection (4)(c), after “maintained by” insert “a local
15policing body or”.

Local Government Act 1966

84 In the Local Government Act 1966, in section 11 (grants for certain
expenditure due to ethnic minority population), in subsection (2) for the
words from “police authority” to “Metropolitan Police Authority” substitute
20“police and crime commissioner, the Mayor’s Office for Policing and
Crime”.

Leasehold Reform Act 1967

85 (1) In the Leasehold Reform Act 1967, section 28 (retention or resumption of
land required for public purposes) is amended in accordance with this
25paragraph.

(2) In subsection (5)(a), for the words from “police authority” to “Metropolitan
Police Authority” substitute “police and crime commissioner and the
Mayor’s Office for Policing and Crime”.

(3) In subsection (6), omit the second paragraph (a) (which appears after
30“However—”).

Superannuation (Miscellaneous Provisions) Act 1967

86 The Superannuation (Miscellaneous Provisions) Act 1967 is amended as
follows.

87 (1) Section 11 (pensions of certain persons transferring to different
35employment) is amended in accordance with this paragraph.

(2) In subsection (8), for “police authority” substitute “police pension
authority”.

(3) After subsection (8) insert—

(9) In this section “police pension authority” means—

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(a) the chief constable of any police force maintained under
section 2 of the Police Act 1996;

(b) the Commissioner of Police of the Metropolis;

(c) the Common Council of the City of London in its capacity as
5a police authority; and

(d) any police authority within the meaning of the Police
(Scotland) Act 1967..

88 (1) Section 15 (superannuation of metropolitan civil staffs) is amended in
accordance with this paragraph.

(2) 10In subsection (1), in paragraph (a)(i), for “Metropolitan Police Authority”
substitute “Mayor’s Office for Policing and Crime or the Commissioner of
Police of the Metropolis”.

(3) For subsection (2) substitute—

(2) The Mayor’s Office for Policing and Crime shall have power to grant
15pensions or other benefits to or in respect of persons who are
members of the metropolitan civil staffs by virtue of employment by
that Office.

(2ZA) The Commissioner of Police of the Metropolis shall have power to
grant pensions or other benefits to or in respect of persons who are
20members of the metropolitan civil staffs by virtue of employment by
the Commissioner..

(4) In subsection (2A)—

(a) for “Metropolitan Police Authority” substitute “Mayor’s Office for
Policing and Crime, and the Commissioner of Police of the
25Metropolis,”;

(b) for “it” substitute “that Office or Commissioner”.

(5) In subsection (6), for “and with the Metropolitan Police Authority”
substitute “with the Mayor’s Office for Policing and Crime, and with the
Commissioner of Police of the Metropolis”.

(6) 30In subsection (7), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime or the Commissioner of Police of the
Metropolis”.

Firearms Act 1968

89 The Firearms Act 1968 is amended as follows.

90 35In section 54 (application of Parts 1 and 2 to Crown servants), for subsection
(3)(b) substitute—

(b) a civilian officer, or.

91 In section 57 (interpretation), in subsection (4), for the definition of “civilian
officer” substitute—

  • 40“civilian officer” means—

    (a)

    as respects England and Wales—

    (i)

    a person employed by a chief constable
    established under section 3 of the Police
    Reform and Social Responsibility Act 2011,

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    (ii)

    a person employed by the Commissioner of
    Police of the Metropolis, or

    (iii)

    a person employed by the Corporation of the
    City of London who is under the direction and
    5control of the Commissioner of Police for the
    City of London;

    (b)

    as respects Scotland, a person employed by a police
    authority who is under the direction and control of a
    chief officer of police;.

10Employers’ Liability (Compulsory Insurance) Act 1969

92 In the Employers’ Liability (Compulsory Insurance) Act 1969, in section 3
(employers exempted from insurance), in subsection (2)(b), for “and any
police authority” substitute “, any local policing body, any chief constable
established under section 3 of the Police Reform and Social Responsibility
15Act 2011, and the Commissioner of Police of the Metropolis”.

Local Government Grants (Social Need) Act 1969

93 In the Local Government Grants (Social Need) Act 1969, in section 1
(provision of grants), in subsection (3), for the words from “police authority”
to “Metropolitan Police Authority” substitute “police and crime
20commissioner, the Mayor’s Office for Policing and Crime”.

Local Authorities (Goods and Services) Act 1970

94 In the Local Authorities (Goods and Services) Act 1970, in section 1 (supply
of goods and services by local authorities), in the definition of “public body”
in subsection (4), for the words from “police authority” to “1996” substitute
25“police and crime commissioner”.

Pensions (Increase) Act 1971

95 The Pensions (Increase) Act 1971 is amended as follows.

96 In Schedule 2 (official pensions), Part 2 (pensions out of local funds) is
amended in accordance with paragraphs 97 and 98.

97 (1) 30Paragraph 51 is amended in accordance with this paragraph.

(2) For “police authority” (in the first place) substitute “local policing body or a
chief officer of police”.

(3) In sub-paragraph (a), for “such a police authority; or” substitute “a police
authority;”.

(4) 35After sub-paragraph (a), insert—

(aa) service as a member of staff of a police and crime
commissioner;

(ab) service as a member of staff of the Mayor’s Office for
Policing and Crime;

(ac) 40service as a member of the civilian staff of a police force;
or.

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(5) In sub-paragraph (b), for “by such a” substitute “by a chief constable
established under section 3 of the Police Reform and Social Responsibility
Act 2011, by the Commissioner of Police of the Metropolis or by a”.

(6) After sub-paragraph (b) insert—

5In this paragraph—

(a) references to the staff of a police and crime commissioner,
the staff of the Mayor’s Office for Policing and Crime, and
the civilian staff of a police force, have the same meanings
as in Part 1 of the Police Reform and Social Responsibility
10Act 2011;

(b) “police force” includes the metropolitan police force..

98 In paragraph 52, after “A pension payable by” insert “a police and crime
commissioner, the Mayor’s Office for Policing and Crime, a chief constable
established under section 3 of the Police Reform and Social Responsibility
15Act 2011, the Commissioner of Police of the Metropolis or”.

99 In Schedule 6 (employments relevant to section 13(2)(a)), in sub-paragraph
(c)—

(a) after “Metropolitan Police Authority” insert “or the Mayor’s Office
for Policing and Crime”;

(b) 20after “employment” insert “before the repeal of section 14(4) of the
Police Act 1996”;

(c) after “Fund” insert “or employment after that repeal”.

Local Government Act 1972

100 The Local Government Act 1972 is amended as follows.

101 25In section 60 (procedure for reviews), in subsection (2)(a)(i) and (c) and
subsection (5)(b), for “police authority” substitute “police and crime
commissioner”.

102 In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit
the words from “and a police authority” to “Metropolitan Police Authority”.

103 30In section 99 (meetings and proceedings of local authorities), omit the words
from “police authorities” to “Metropolitan Police Authority,”.

104 (1) Section 100J (application to new authorities, Common Council, etc) is
amended in accordance with this paragraph.

(2) In subsection (1), omit paragraphs (e) and (eza).

(3) 35In subsection (3), omit “, (e), (eza)”.

(4) In subsection (4)(a)—

(a) after “economic prosperity board,” insert “or”;

(b) omit the words from “or a police authority” to “Metropolitan Police
Authority”.

105 40In section 101 (arrangements for discharge of functions by local authorities),
in subsection (13) omit “except a police authority”.

106 (1) Section 107 (application of foregoing provisions to police authorities) is
amended as follows.

Police Reform and Social Responsibility BillPage 199

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

(3) For subsection (1) substitute—

(1) In their application to the Common Council as police authority,
sections 101 to 106 shall have effect subject to the following
5provisions of this section (and in those provisions references to the
Common Council are references to the Council as police authority)..

(4) In subsection (2)—

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

(b) for “another police authority” substitute “another local policing
10body”;

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

(5) In subsection (3)—

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

(b) for the words from “by” to the end substitute “by the Common
15Council”.

(6) In subsection (3A)—

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

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

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

(7) 20In subsection (3B)—

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

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

(8) In subsection (4)—

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

(b) 25for “the authority” substitute “the Common Council”.

(9) In subsection (4A)(c), for “a police authority” substitute “the Common
Council”.

(10) In subsection (5), for “a police authority” substitute “the Common Council”.

(11) Omit subsection (7).

(12) 30In subsection (8)—

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

(b) for “any such authority or authorities” substitute “the Common
Council”;

(c) for the words from “by” to the end, substitute “by the Common
35Council”.

107 (1) Section 146A (Joint Authorities) is amended in accordance with this
paragraph.

(2) In subsection (1)—

(a) after “joint waste authority,” insert “and”;

(b) 40omit the words from “a police authority” to “Metropolitan Police
Authority”.

(3) Omit subsections (1A) to (1C).