Police Reform and Social Responsibility Bill (HL Bill 86)

Police Reform and Social Responsibility BillPage 220

261 (1) Section 54A (sub-committees of standards committees) is amended in
accordance with this paragraph.

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

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

262 5In section 57 (Standards Board for England), in subsection (5)(b) and (c),
omit “and police authorities in Wales”.

263 In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a)
and (b), omit “(other than police authorities)”.

264 In section 73 (matters referred to monitoring officers), omit subsection (6).

265 (1) 10Section 81 (disclosure and registration of members’ interests etc) is amended
in accordance with this paragraph.

(2) In subsection (7)(b), omit “or a police authority in Wales”.

(3) In subsection (8), omit “(other than police authorities)”.

266 (1) Section 82 (code of conduct for local government employees) is amended in
15accordance with this paragraph.

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

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

267 In section 83 (interpretation of Part 3), in subsection (1), omit the definition
of “police authority”.

268 (1) 20Section 101 (indemnification of members and officers of relevant authorities)
is amended in accordance with this paragraph.

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

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

(4) In subsection (5), for ““police authority” and “relevant authority” have”
25substitute ““relevant authority” has”.

Criminal Justice and Police Act 2001

269 The Criminal Justice and Police Act 2001 is amended as follows.

270 In section 97 (regulations for police forces)—

(a) in subsection (3)(a), for “police authorities” substitute “local policing
30bodies”;

(b) for subsection (4)(c), substitute—

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

(ca) 35the Mayor’s Office for Policing and Crime;

(cb) the Common Council of the City of London; and.

271 In section 98 (directions after inspection identifies training needs), in
subsections (1) and (2) for “police authority” substitute “local policing
body”.

Police Reform and Social Responsibility BillPage 221

Private Security Industry Act 2001

272 (1) In the Private Security Industry Act 2001, Schedule 2 (activities liable to
control under the Act) is amended as follows.

(2) In paragraph 2 (manned guarding), in sub-paragraph (7)—

(a) 5in sub-paragraph (f)—

(i) for “person employed by a police authority” substitute
“relevant employee”;

(ii) for “police authority employees” substitute “civilian staff”;

(b) in sub-paragraph (i), for “police authority employees” substitute
10“civilian staff”.

(3) In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for
“police authority employees” substitute “civilian staff”.

(4) In paragraph 3A (restriction and removal of vehicles), in sub-paragraph
(6)—

(a) 15in sub-paragraph (c), for “police authority” substitute “local policing
body”;

(b) in sub-paragraph (e), for “police authority employees” substitute
“civilian staff”.

Vehicles (Crime) Act 2001

273 20The Vehicles (Crime) Act 2001 is amended as follows.

274 In section 18 (register of registration plate suppliers), in subsection (9), for
paragraph (a) substitute—

(a) members of the civilian staff of a police force, including the
metropolitan police force, (within the meaning of Part 1 of the
25Police Reform and Social Responsibility Act 2011),

(aa) persons employed by the Common Council of the City of
London who are under the direction and control of the
Commissioner of Police for the City of London,.

275 In section 38 (unified power for Secretary of State to fund speed cameras etc),
30in subsection (5)(b), for the words from “any police authority” to
“Metropolitan Police Authority” substitute “any police and crime
commissioner, the Mayor’s Office for Policing and Crime”.

Police Reform Act 2002

276 The Police Reform Act 2002 is amended as follows.

277 (1) 35Section 10 (general functions of the Commission) is amended in accordance
with this paragraph.

(2) In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute
“local policing bodies”.

(3) In subsection (3)(d), for “police authority” substitute “local policing body”.

278 40In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a),
(9) and (10)(b), for “police authority” substitute “local policing body”.

Police Reform and Social Responsibility BillPage 222

279 In section 12 (complaints, matters and persons to which Part 2 applies), in
subsection (7)—

(a) after paragraph (a) insert—

(aa) he is a civilian employee of a police force;;

(b) 5in paragraph (b), for “a police authority” substitute “the Common
Council of the City of London”.

280 (1) Section 15 (general duties of police authorities, chief constables and
inspectors) is amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “local policing bodies”.

(3) 10In subsections (1)(a) and (3)(a), for “police authority” substitute “local
policing body”.

(4) In subsection (3)(c), for “police authority” substitute “local policing body”.

(5) In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute
“local policing body”.

281 (1) 15Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.

(2) In subsection (3)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “local policing
20bodies”.

(3) In subsection (4)—

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

(b) in paragraph (a), for “that authority” substitute “that body”;

(c) in paragraph (b)(i), for “police authorities” substitute “local policing
25bodies”.

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

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

282 (1) Section 16A (police investigations: National Police Improvement Agency
30involvement) is amended in accordance with this paragraph.

(2) In subsection (1), for “police authority” substitute “local policing body”.

(3) In subsection (7)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “local policing
35bodies”.

283 In section 17 (provision of information to the Commission)—

(a) in subsection (1)(a), for “police authority” substitute “local policing
body”;

(b) in subsection (2)—

(i) 40for “police authority” substitute “local policing body”;

(ii) in paragraph (a), for “that authority” substitute “that body”;

(c) in subsection (4)—

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

Police Reform and Social Responsibility BillPage 223

(ii) in paragraphs (a) and (b), for “that authority” substitute “that
body”;

(d) in subsection (6), for “police authority” substitute “local policing
body”.

284 5In section 18 (inspections of police premises on behalf of Commission)—

(a) in subsection (1)—

(i) for “the authority” substitute “the body”;

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

(b) 10in subsection (3), for “the authority” substitute “the body”;

(c) in subsection (5)(b), for “police authorities” substitute “local policing
bodies”.

285 In section 20 (duty to keep the complainant informed), in subsection (8), for
“police authority” substitute “local policing body”.

286 (1) 15Section 22 (power of Commission to issue guidance) is amended as follows.

(2) In subsection (1)(a), for “police authorities” substitute “local policing
bodies”.

(3) In subsection (3), for paragraph (a) substitute—

(a) such persons as appear to the Commission to represent the
20views of police and crime commissioners;

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

(ab) the Common Council;.

287 In section 23 (regulations), in subsection (2)(n), for “police authorities”
substitute “local policing bodies”.

288 25In section 24 (consultation on regulations), for paragraph (b) substitute—

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

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

(bb) the Common Council;.

289 (1) 30Section 26 (forces maintained otherwise than by police authorities) is
amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “local policing bodies”.

(3) In subsections (1)(b) and (2), for “police authority” substitute “local policing
body”.

290 35In section 29 (interpretation of Part 2), in subsection (1)—

(a) in the definition of “appropriate authority”—

(i) in paragraph (a)(i), for “a senior officer, the police authority”
substitute “the chief officer or a person exercising or
performing functions of the chief officer in accordance with
40section 42 of the Police Reform and Social Responsibility Act
2011, the local policing body”;

(ii) in paragraph (a)(ii), for “a senior officer” substitute “the chief
officer or a person so exercising or performing functions of
the chief officer”;

Police Reform and Social Responsibility BillPage 224

(iii) in paragraph (b)(i), for “a senior officer, the police authority”
substitute “the chief officer or a person exercising or
performing functions of the chief officer in accordance with
section 42 of the Police Reform and Social Responsibility Act
52011, the local policing body”;

(iv) in paragraph (b)(ii), for “a senior officer” substitute “the chief
officer or a person so exercising or performing functions of
the chief officer”;

(b) in the definition of “relevant force”, for paragraph (a) substitute—

  • “(a)

    10if that authority is a local policing body, the
    police force which the body is responsible for
    maintaining; and;

(c) omit the definition of “senior officer”.

291 (1) Section 38 (police powers for police authority employees) is amended in
15accordance with this paragraph.

(2) In the title, for “police authority employees” substitute “civilian staff”.

(3) In subsection (1), for the words from “designate” to “an officer” substitute
“designate a relevant employee as an officer”.

(4) In subsection (7), for “An employee of a police authority” substitute “A
20relevant employee”.

(5) After subsection (9) insert—

(11) In this section “relevant employee” means—

(a) in the case of—

(i) a police force maintained for a police area in
25accordance with section 2 of the Police Act 1996, or

(ii) the police force maintained for the metropolitan
police district in accordance with section 5A of that
Act,

a member of the civilian staff of that police force (within the
30meaning of Part 1 of the Police Reform and Social
Responsibility Act 2011);

(b) in the case of any other police force, a person who—

(i) is employed by the police authority maintaining that
force, and

(ii) 35is under the direction and control of the chief officer
making a designation under subsection (1)..

292 In section 38A (standard powers and duties of community support officers),
in subsection (3), for paragraph (a) substitute—

(a) such persons as appear to the Secretary of State to represent
40the views of police and crime commissioners;

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

(ac) the Common Council of the City of London; and.

293 (1) Section 39 (police powers for contracted out staff) is amended in accordance
with this paragraph.

(2) 45In subsections (1) and (2), for “police authority” substitute “local policing
body”.

Police Reform and Social Responsibility BillPage 225

(3) In subsection (11), 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) 5the Common Council of the City of London; and.

(4) In subsection (13)(b), for “police authority” substitute “local policing body”.

294 (1) Section 40 (community safety accreditation schemes) is amended in
accordance with this paragraph.

(2) In subsection (4)(a), for “police authority” substitute “local policing body”.

(3) 10In subsection (5), for paragraph (a) substitute—

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

(4) In subsection (7)—

(a) for “police plan under section 8 of the 1996 Act” substitute “police
and crime plan under section 6 or 7 of the Police Reform and Social
15Responsibility Act 2011”;

(b) omit the words from “and every draft” to “this section,” (in the
second place);

(c) for “police authority” (in each place) substitute “local policing body”.

295 In section 42 (supplementary provisions relating to designations and
20accreditations), in subsection (7)—

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

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

296 In section 43 (railway safety accreditation scheme), in subsection (9), for
25paragraph (c) substitute—

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

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

(cb) the Common Council of the City of London; and.

297 30In section 45 (code of practice relating to chief officers’ powers under
Chapter 1), in subsection (3), for paragraph (c) substitute—

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

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

(cb) 35the Common Council of the City of London; and.

298 (1) Section 51 (independent custody visitors for places of detention) is amended
in accordance with this paragraph.

(2) In subsection (1), for “police authority” substitute “local policing body”.

(3) In subsection (1A) (inserted by section 117 of the Coroners and Justice Act
402009), for “police authority” substitute “local policing body”.

(4) In subsection (2)—

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

(b) in paragraph (b), for “that authority” substitute “that body”.

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(5) In subsection (3), for “police authority” substitute “local policing body”.

(6) In subsection (6), for “police authorities” substitute “local policing bodies”.

(7) In subsection (7), for paragraph (a) substitute—

(a) such persons as appear to the Secretary of State to represent
5the views of police and crime commissioners;

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

(ab) the Common Council of the City of London;.

(8) In subsection (9), for “Police authorities” substitute “local policing bodies”.

(9) In subsection (10)—

(a) 10before its substitution by virtue of section 117 of the Coroners and
Justice Act 2009, for “police authority” substitute “local policing
body”;

(b) as substituted by virtue of section 117 of the Coroners and Justice Act
2009, for “police authority” substitute “local policing body”.

299 (1) 15In Schedule 3 (handling of complaints and conduct matters etc), Part 1
(handling of complaints) is amended in accordance with this paragraph.

(2) In paragraph 1—

(a) in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute
“local policing body”;

(b) 20in sub-paragraph (6), for “police authority” substitute “local policing
body”.

(3) In paragraph 2—

(a) in sub-paragraphs (2) and (5), for “police authority” substitute “local
policing body”;

(b) 25in sub-paragraph (6)(a)—

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

(ii) for “the authority” substitute “the body”;

(c) in sub-paragraph (6)(c), for “police authority” substitute “local
policing body”;

(d) 30in sub-paragraph (6), in the words after sub-paragraph (c), for “the
authority” substitute “the body”.

(4) In paragraph 3—

(a) in sub-paragraph (1), for “police authority” substitute “local policing
body”;

(b) 35in sub-paragraph (2)—

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

(ii) for “the authority” substitute “the body”;

(c) in sub-paragraphs (3), (4) (in each place), and (6) (in each place), for
“police authority” substitute “local policing body”.

(5) 40In paragraph 4—

(a) in sub-paragraph (3)—

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

(ii) in sub-paragraph (a), for “that authority” substitute “that
45body”;

Police Reform and Social Responsibility BillPage 227

(b) in sub-paragraph (5)(b), for “police authority” substitute “local
policing body”;

(c) in sub-paragraph (6)—

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

(ii) 5in sub-paragraph (b), for “that authority” substitute “that
body”.

(6) In paragraph 5(1), for “police authority” substitute “local policing body”.

300 (1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2
(handling of conduct matters) is amended in accordance with this
10paragraph.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

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

(ii) 15in sub-paragraphs (a) and (b), for “that authority” substitute
“that body”;

(b) in sub-paragraph (2), for “the authority” substitute “the body”;

(c) in sub-paragraph (3), for “police authority” substitute “local policing
body”.

(3) 20In paragraph 11(1)(a), for “police authority” substitute “local policing body”.

(4) In paragraph 12—

(a) in sub-paragraph (1)—

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

(ii) for “that authority” substitute “that body”;

(b) 25in sub-paragraph (5), for “police authority” substitute “local policing
body”;

(c) in sub-paragraph (6), for “police authority” substitute “local policing
body”.

(5) In paragraph 13—

(a) 30in sub-paragraph (1)—

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

(ii) for “the authority” substitute “the body”;

(b) in sub-paragraph (3)—

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

(ii) 35in sub-paragraph (b), for “police authority” substitute “local
policing body”;

(c) in sub-paragraph (5)(b), for “police authority” substitute “local
policing body”;

(d) in sub-paragraph (6)—

(i) 40for “police authority” substitute “local policing body”;

(ii) for “that authority” (in each place) substitute “that body”.

(6) In paragraph 14(1), for “police authority” substitute “local policing body”.

301 (1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2A
(handling of death and serious injury matters) is amended in accordance
45with this paragraph.

Police Reform and Social Responsibility BillPage 228

(2) In paragraph 14A(1), for “police authority” substitute “local policing body”.

(3) In paragraph 14B—

(a) in sub-paragraph (1)—

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

(ii) 5for “that authority” (in each place) substitute “that body”;

(b) in sub-paragraph (5), for “police authority” substitute “local policing
body”;

(c) in sub-paragraph (6), for “police authority” substitute “local policing
body”.

(4) 10In paragraph 14D(1), for “police authority” substitute “local policing body”.

302 In Schedule 4 (powers exercisable by police civilians), in paragraph 7
(confiscation of tobacco etc), for “police authority” substitute “local policing
body”.

Proceeds of Crime Act 2002

303 15The Proceeds of Crime Act 2002 is amended as follows.

304 In section 55 (sums received by designated officer), in subsection (8)—

(a) after paragraph (a) insert—

(aa) a member of a police and crime commissioner’s staff
(within the meaning of Part 1 of the Police Reform
20and Social Responsibility Act 2011),

(ab) a member of the staff of the Mayor’s Office for
Policing and Crime (within the meaning of that Part
of that Act),

(ac) a member of the civilian staff of a police force,
25including the metropolitan police force, (within the
meaning of that Part of that Act),;

(b) in paragraph (b), omit the words from “a person” to “or”.

305 In section 302 (compensation), in subsection (7A)(a), for sub-paragraph (i)
substitute—

(i) 30who was a member of the civilian staff of a police
force, including the metropolitan police force, (within
the meaning of that Part of that Act), or.

Anti-social Behaviour Act 2003

306 The Anti-social Behaviour Act 2003 is amended as follows.

307 35In section 8 (reimbursement of costs)—

(a) in subsection (1), for “A police authority” substitute “A local policing
body”;

(b) in subsection (4)—

(i) in paragraph (a), for “the police authority” substitute “the
40local policing body”;

(ii) in paragraph (b), for “a police authority” substitute “a local
policing body”.

308 In section 11H (Part 1A closure order: reimbursement of costs)—

Police Reform and Social Responsibility BillPage 229

(a) in subsection (1), for “A police authority” substitute “A local policing
body”;

(b) in subsection (4)—

(i) in paragraph (a), for “the police authority” substitute “the
5local policing body”;

(ii) in paragraph (b), for “a police authority” substitute “a local
policing body”.

Courts Act 2003

309 The Courts Act 2003 is amended as follows.

310 10In section 8 (local justice areas), in subsection (7), for paragraph (c)
substitute—

(c) a police and crime commissioner or the Mayor’s Office for
Policing and Crime..

311 In section 41 (disqualification of lay justices who are members of local
15authorities), in subsection (6)(c), for the words from “a police authority” to
“Metropolitan Police Authority” substitute “a police and crime
commissioner, the Mayor’s Office for Policing and Crime”.

Criminal Justice Act 2003

312 In the Criminal Justice Act 2003, in section 221 (provision of attendance
20centres), in subsection (3)—

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

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

Finance Act 2003

313 In the Finance Act 2003, in Schedule 9 (stamp duty land tax: right to buy,
25shared ownership leases etc), for “police authority” (in the first place)
substitute “local policing body”.

Licensing Act 2003

314 In the Licensing Act 2003, in section 170 (exemption of police from liability
for damages), in subsection (4A)—

(a) 30after “such a person” insert “exercising such powers by virtue of such
a designation by the Commissioner of Police of the City of London”;

(b) for “a police authority” substitute “the Common Council of the City
of London”.

Local Government Act 2003

315 35The Local Government Act 2003 is amended as follows.

316 In section 23 (meaning of “local authority”), in subsection (1), for paragraph
(n) substitute—

(n) a police and crime commissioner;.

317 In section 25 (budget calculations: report on robustness of estimates etc), in
40subsection (3)—

(a) in paragraph (d), omit “or”;