Police Reform and Social Responsibility Bill (HL Bill 86)

(5) For subsection (4)(b) substitute—

“(b) in the case of—

(i) a police and crime commissioner, the commissioner
and each member of the police and crime panel for the
5commissioner’s police area;

(ii) the Mayor’s Office for Policing and Crime, that Office
and each member of the police and crime panel of the
London Assembly;

(iii) a chief officer of police, the chief officer and the
10elected local policing body; and

(iv) any other relevant authority, each person who is at
that time a member of the authority; and”.

(6) After subsection (8) insert—

“(8A) In this section “relevant police force”, in relation to the chief finance
15officer of a relevant authority, means—

(a) in the case where the relevant authority is a chief officer of
police, the police force of which that person is chief officer;

(b) in any other case, the police force maintained by the relevant
authority.”.

188 (1) 20Section 115 (authority’s duties as regards reports) is amended as follows.

(2) After subsection (1A) insert—

“(1B) In the case of report made by the chief finance officer of an elected
local policing body, that body must consider the report and decide
whether the body agrees or disagrees with the views contained in the
25report and what action (if any) the body proposes to take in
consequence of it.

(1C) In the case of a report made by the chief finance officer of a chief
officer of police, the chief officer of police must consider the report
and decide whether the chief officer of police agrees or disagrees
30with the views contained in the report and what action (if any) the
chief officer of police proposes to take in consequence of it.

(1D) The consideration and decision-making must be concluded not later
than the end of the period of 21 days beginning with the day on
which copies of the report are sent.

(1E) 35As soon as practicable after the elected local policing body, or the
chief officer of police, has concluded the consideration of the chief
finance officer’s report, that body or chief officer must prepare a
report which specifies—

(a) what action (if any) that body or chief officer has taken in
40response to the report;

(b) what action (if any) that body or chief officer proposes to take
in response to the report; and

(c) the reasons for taking the action specified in the report or, as
the case may be, for taking no action.

(1F) 45As soon as practicable after the elected local policing body has
prepared a report under subsection (1E), the elected local policing
body must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to
audit the elected local policing body’s accounts; and

(c) each member of the police and crime panel for the police area
5for which the elected local policing body is established.

(1G) As soon as practicable after the chief officer of police has prepared a
report under subsection (1E), the chief officer of police must arrange
for a copy of the report to be sent to—

(a) the chief finance officer;

(b) 10the person who at the time the report is made has the duty to
audit the chief officer’s accounts; and

(c) the elected local policing body which maintains the police
force in which the chief officer serves.”.

(3) In subsection (2), at the beginning insert “In the case of any authority other
15than an elected local policing body or a chief officer of police,”.

(4) In subsection (9), after “subsection” insert “(1B), (1C) or”.

(5) In subsection (10), after “If subsection” insert “(1B), (1C)”.

(6) In subsection (11), for “at the meeting” substitute “under subsection (1B),
(1C) or (2)”.

189 (1) 20Section 116 (information about meetings) is amended in accordance with
this paragraph.

(2) In the title, for “meetings” substitute “consideration of reports etc”.

(3) After subsection (2A) insert—

“(2B) In the case of an elected local policing body, the chief finance
25officer of that body must notify the body’s auditor of any decisions
taken by the body in accordance with section 115.

(2C) In the case of a chief officer of police, the chief officer of police’s
chief finance officer must notify that chief officer of police’s
auditor of any decisions taken by the chief officer of police in
30accordance with section 115.”.

190 In section 117 (rates and precepts: abolition), in subsection (5), omit “,
combined police authority”.

Road Traffic Act 1988

191 The Road Traffic Act 1988 is amended as follows.

192 35In section 65A (motor cycles not to be sold without EC certificate of
conformity), in subsection (5)(d), after “to a” insert “local policing body or”.

193 (1) Section 67 (testing of condition of vehicles on roads) is amended in
accordance with this paragraph.

(2) In subsection (4)—

(a) 40in paragraph (e), omit “and”;

(b) after paragraph (e) insert—

“(ea) a person appointed by a chief officer of police in
England or Wales (other than the Commissioner of
Police for the City of London) to act, under the
5directions of that chief officer, for the purposes of this
section, and”;

(c) in paragraph (f), after “police area” insert “in Scotland, or by the
Common Council of the City of London,”.

(3) In subsection (5), after “(d)” insert “, (ea)”.

194 10In section 78 (weighing of motor vehicles), in subsection (8)(b), after “by a”
(in the second place), insert “local policing body or a”.

195 In section 124 (exemption of police instructors from prohibition imposed by
section 123), in subsection (2), in paragraph (b) of the definition of “civilian
instructor”, for “a police authority” substitute “a chief officer of police in
15England or Wales (other than the Commissioner of Police for the City of
London), the Common Council of the City of London in its capacity as police
authority, or a police authority”.

196 (1) Section 144 (exceptions from requirement of third-party insurance or
security) is amended in accordance with this section.

(2) 20In subsection (2)(a), omit “(other than a police authority)”.

(3) In subsection (2)(b)—

(a) after “owned by” insert “a local policing body or”;

(b) after “constable,” insert “by a member of a police and crime
commissioner’s staff (within the meaning of Part 1 of the Police
25Reform and Social Responsibility Act 2011), by a member of the staff
of the Mayor’s Office for Policing and Crime (within the meaning of
that Part of that Act), by a member of the civilian staff of a police
force (within the meaning of that Part of that Act), by a member of
the civilian staff of the metropolitan police force (within the meaning
30of that Part of that Act), by a person employed by the Common
Council of the City of London in its capacity as a police authority,”.

Road Traffic Offenders Act 1988

197 (1) In the Road Traffic Offenders Act 1988, section 79 (statements by constables)
is amended as follows.

(2) 35In subsection (2), for “by the police authority” substitute “as a civilian police
employee”.

(3) After subsection (5), insert—

“(5A) For the purposes of subsection (2), a person is employed as a civilian
police employee for a police area if—

(a) 40in the case of a police area listed in Schedule 1 to the Police
Act 1996, the person is a member of the civilian staff of the
police force (within the meaning of Part 1 of the Police
Reform and Social Responsibility Act 2011) maintained for
that area;

(b) in the case of the metropolitan police district, the person is a
member of the civilian staff of the metropolitan police force
(within the meaning of that Part of that Act);

(c) in the case of the City of London, the person is employed by
5the Common Council of the City of London in its capacity as
police authority.”.

Local Government and Housing Act 1989

198 The Local Government and Housing Act 1989 is amended as follows.

199 In section 1 (disqualification and political restriction of certain officers and
10staff), after subsection (8) insert—

“(9) In this section a reference to a person holding a politically restricted
post under a local authority includes a reference to every member of
the staff of an elected local policing body, except for a deputy police
and crime commissioner.”.

200 (1) 15Section 4 (designation and reports of head of paid service) is amended in
accordance with this paragraph.

(2) After subsection (1) insert—

“(1A) In the case of an elected local policing body, the body’s chief
executive is to be taken to have been designated as the head of the
20body’s paid service (and, accordingly, subsection (1)(a) does not
apply; but references to persons designated under this section
include references to the body’s chief executive).”.

(3) In subsection (4), for “sent to” substitute “sent—

(a) in the case of an elected local policing body, to the body and
25to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(4) In subsection (5), after “relevant authority” insert “(other than an elected
local policing body)”.

(5) After subsection (5) insert—

“(5A) 30It shall be the duty of an elected local policing body to consider any
report under this section by the head of the body’s paid service, and
to do so no later than three months after the body is sent a copy of the
report.”.

(6) In subsection (6)(a), after “below” insert “and an elected local policing
35body”.

201 (1) Section 5 (designation and reports of monitoring officer) is amended in
accordance with this paragraph.

(2) In subsection (1), in the words after paragraph (b), omit the words from
“(or,” to “authority” (in the last place).

(3) 40After subsection (1B) insert—

“(1C) In the case of an elected local policing body, the body’s chief
executive is to be taken to have been designated as the monitoring
officer (and, accordingly, subsection (1)(a) does not apply; but

references to persons designated under this section include
references to the body’s chief executive).”.

(4) In subsection (3)(b), for “sent to” substitute “sent—

(a) in the case of an elected local policing body, to the body and
5to the police and crime panel for the body’s police area; and

(b) in any other case, to”.

(5) In subsection (5)(a), for “deputy at” substitute “deputy—

(i) in the case of an elected local policing body, no later
than three months after the body is sent a copy of the
10report; and

(ii) in any other case, at”.

(6) In subsection (8)—

(a) in the definition of “chief finance officer”, after “1999” insert “,
Schedule 1 to the Police Reform and Social Responsibility Act 2011”;

(b) 15in paragraph (a) of the definition of “relevant authority”, after
“below” insert “and an elected local policing body”.

202 In section 7 (all staff to be appointed on merit), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) after paragraph (a) insert—

“(aa) 20an elected local policing body, or”.

203 (1) Section 21 (interpretation of Part 1) is amended in accordance with this
paragraph.

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

204 In section 67 (application of, and orders under, Part 5), in subsection (3), omit
25paragraph (i).

205 (1) Section 155 (emergency financial assistance to local authorities) is amended
as follows.

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

(3) 30In subsection (4), for paragraph (ea) substitute—

“(ea) a police and crime commissioner;”.

Aviation and Maritime Security Act 1990

206 In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power
to require harbour authorities to promote searches in harbour areas), for “in
35England, Scotland or Wales by a police authority” substitute “in England or
Wales by a local policing body, in Scotland by a police authority, or in
England, Wales or Scotland by”.

Town and Country Planning Act 1990

207 The Town and Country Planning Act 1990 is amended as follows.

208 40In section 252 (procedure for making orders), in subsection (12), in the
definition of “local authority”, for the words from “police authority” to

“Metropolitan Police Authority” substitute “police and crime commissioner,
the Mayor’s Office for Policing and Crime,”.

209 In section 336 (interpretation), in subsection (1), in the definition of “local
authority”, in paragraph (a), for “Metropolitan Police Authority” substitute
5“Mayor’s Office for Policing and Crime”.

War Crimes Act 1991

210 In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

10Local Government Finance Act 1992

211 In the Local Government Finance Act 1992, in section 19 (exclusion of Crown
exemption in certain cases), for subsection (3)(c) substitute—

“(c) a police and crime commissioner;”.

Welsh Language Act 1993

212 15In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for
paragraph (d) substitute—

“(d) a police and crime commissioner;”.

Deregulation and Contracting Out Act 1994

213 The Deregulation and Contracting Out Act 1994 is amended as follows.

214 20In section 79A (meaning of “local authority” in England), omit paragraph
(o).

215 In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

216 In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain
25cases), in subsection (3)(f), at the beginning insert “a police and crime
commissioner, the Mayor’s Office for Policing and Crime and”.

Criminal Appeal Act 1995

217 In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc),
in subsection (2)(a) and (b)(iii), for “police authority” substitute “local
30policing body”.

Employment Rights Act 1996

218 In the Employment Rights Act 1996, in section 50 (right to time off for public
duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

219 35In the Housing Grants, Construction and Regeneration Act 1996, in section
3 (ineligible applicants) for subsection (2)(g) substitute—

“(g) a police and crime commissioner;”.

Police Act 1997

220 The Police Act 1997 is amended as follows.

221 In section 107 (supplementary provisions relating to Commissioners), in
subsection (4)(a), after “any” insert “local policing body or”.

222 5In section 119 (sources of information), in subsections (3) and (7), after
“appropriate” insert “local policing body or”.

223 In section 126 (interpretation of Part 5), in the definition of “police authority”
in subsection (1), for “Great Britain” substitute “Scotland”.

Police (Health and Safety) Act 1997

224 10In the Police (Health and Safety) Act 1997, in section 5 (payment of damages,
compensation and fines out of certain funds), in subsection (3), in paragraph
(a) of the definition of “the relevant authority”, for “police authority”
substitute “local policing body”.

Audit Commission Act 1998

225 15The Audit Commission Act 1998 is amended as follows.

226 (1) Section 32 (documents relating to police authorities etc) is amended in
accordance with this paragraph.

(2) In subsection (1), for the words from “relates” to the end, substitute “relates
to an elected local policing body or to a chief officer of police.”

(3) 20In subsection (2)—

(a) in paragraph (a)—

(i) for the words from “relates” to “1996” substitute “relates to
one or more elected local policing bodies”;

(g) for “an authority” substitute “a body”;

(b) 25after paragraph (a) insert—

“(aa) relates to one or more chief officers of police and has
been sent (or a copy of which has been sent) by the
Commission to such a chief officer.”.

(4) For subsection (3) substitute—

“(3) 30In this section “chief officer of police” means—

(a) a chief constable for a police force maintained under section
2 of the Police Act 1996, and

(b) the Commissioner of Police of the Metropolis.”.

227 In section 32B (mandatory provision of data), omit subsection (5)(c).

228 35In section 47A (reports relating to performance of English local authorities),
in subsection (5), omit the words from “, other” to the end.

229 In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph
(k) substitute—

“(k) a police and crime commissioner;

(ka) 40a chief constable for a police force maintained under
section 2 of the Police Act 1996;

(kb) the Commissioner of Police of the Metropolis;”.

Crime and Disorder Act 1998

230 The Crime and Disorder Act 1998 is amended as follows.

231 In section 1A (power of Secretary of State to add relevant bodies), in
5subsection (1), for “police authority” substitute “local policing body”.

232 In section 17 (duty to consider crime and disorder implications), in
subsection (2), for “a police authority” substitute “a local policing body”.

233 (1) In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is
amended as follows.

(2) 10After the definition of “local child curfew scheme” insert—

““local policing body” has the meaning given by section 101(1) of the
Police Act 1996;”.

(3) Omit the definition of “police authority”.

234 In section 38 (local provision of youth justice services), in subsection (2)(a),
15for “police authority” substitute “local policing body”.

235 In section 41 (the Youth Justice Board), in subsection (10), for “police
authority” substitute “local policing body”.

236 In section 42 (supplementary provisions), in subsection (1), omit the
definition of “police authority”.

237 20In section 115 (disclosure of information), in subsection (2)(c), for “police
authority” substitute “local policing body”.

Police (Northern Ireland) Act 1998

238 In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police
Ombudsman for Northern Ireland), in paragraph 8 (assistance by members
25of a police force in Great Britain), in sub-paragraph (2), after “to the” insert
“local policing body”.

Regional Development Agencies Act 1998

239 In the Regional Development Agencies Act 1998, in section 7A (the London
Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police
30Authority” substitute “Mayor’s Office for Policing and Crime”.

Local Government Act 1999

240 The Local Government Act 1999 is amended as follows.

241 (1) Section 1 (best value authorities) is amended in accordance with this
paragraph.

(2) 35In subsection (1), for paragraph (d) substitute—

“(d) the Common Council of the City of London in its capacity as
a police authority;”.

(3) Omit subsection (4).

242 In section 3A (involvement of local representatives), in subsection (3), for
paragraph (a) substitute—

“(a) the Common Council of the City of London in its capacity as
a police authority;”.

243 5In section 10 (inspections), omit subsection (5).

244 Omit section 10A (inspections: Auditor General for Wales).

245 In section 23 (accounts), in subsection (4), omit paragraph (za).

246 In section 29 (modifications for Wales), in subsection (1), omit the words
from “except” to the end.

10Criminal Justice and Court Services Act 2000

247 In the Criminal Justice and Court Services Act 2000, in section 71 (access to
driver licensing records), in subsection (4), for paragraph (a) of the definition
of “constables” substitute—

• “(a)

  persons appointed by a chief constable under
  15paragraph 4 of Schedule 2 to the Police Reform and
  Social Responsibility Act 2011 (civilian staff of police
  forces outside London),

  (aa)

  persons appointed by the Commissioner of Police of
  the Metropolis under paragraph 1 of Schedule 4 to
  20that Act (civilian staff of metropolitan police force),”.

Freedom of Information Act 2000

248 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in
Part 5, for paragraphs 57 and 58 substitute—

“57 A police and crime commissioner.

58 25The Mayor’s Office for Policing and Crime.”.

Learning and Skills Act 2000

249 The Learning and Skills Act 2000 is amended as follows.

250 In section 125 (consultation and co-ordination), for subsection (1)(c)
substitute—

“(c) 30a police and crime commissioner,”.

251 In section 129 (supplementary), in subsection (1), omit the definition of
“police authority”.

Local Government Act 2000

252 The Local Government Act 2000 is amended as follows.

253 35In section 21C (reports and recommendations of overview and scrutiny
committees: duties of certain partner authorities), in subsection (8), in the
definition of “relevant partner authority”, for paragraph (a) substitute—

“(a) a local policing body, or”.

254 In section 21E (overview and scrutiny committees of certain district councils:
40functions with respect to partner authorities), in subsection (4), for

paragraph (a)(ii)(a) substitute—

“(a) a local policing body, or”.

255 In section 22A (overview and scrutiny committees of certain authorities in
England: provision of information etc by certain partner authorities), in
5subsection (6), in the definition of “associated authority”, for paragraph
(b)(i) substitute—

• “( i)

  “(i)

  a local policing body, or”.

256 (1) Section 49 (principles governing conduct of members of relevant authorities)
is amended in accordance with this paragraph.

(2) 10In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) Omit subsection (4).

(5) In subsection (6), omit paragraphs (h) and (m).

257 (1) Section 50 (model codes of conduct) is amended in accordance with this
15paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “other than police authorities”.

258 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is
amended in accordance with this paragraph.

(2) 20In subsection (4A), omit “or police authority in Wales”.

(3) In subsection (4C), omit “other than a police authority”.

(4) In subsection (6)(c)(i), omit “or a police authority in Wales”.

259 (1) Section 53 (standards committees) is amended in accordance with this
paragraph.

(2) 25In subsections (3) and (4), omit “or a police authority in Wales”.

(3) In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.

(4) In subsection (8), omit “or a police authority in Wales”.

(5) In subsection (9), omit “and a police authority in Wales”.

(6) In subsection (10), omit “or a police authority in Wales”.

(7) 30In subsection (11)—

(a) in paragraph (a), omit “other than police authorities”;

(b) in paragraph (k), omit “(other than police authorities)”.

260 (1) Section 54 (functions of standards committees) is amended in accordance
with this paragraph.

(2) 35In subsection (4), omit “and police authorities in Wales”.

(3) In subsection (5), omit “(other than police authorities)”.

(4) In subsection (6), omit “and police authorities in Wales”.

(5) In subsection (7), omit “(other than police authorities)”.