Police Reform and Social Responsibility Bill (HL Bill 86)

(b) at the end of paragraph (e), insert “or

(f) Schedule 1, 2 or 4 to the Police Reform and Social
Responsibility Act 2011”.

318 In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph
5(m) substitute—

“(m) a police and crime commissioner.”.

319 In section 95 (power to trade in function-related activities through a
company), in subsection (7)—

(a) omit the definition of “police authority”;

(b) 10in the definition of “relevant authority”, for “a police authority or”
substitute “the Common Council of the City of London in its capacity
as a police authority and”.

320 In section 101 (staff transfer matters: general), omit subsection (7).

Railways and Transport Safety Act 2003

321 15The Railways and Transport Safety Act 2003 is amended as follows.

322 In section 25 (special constables), in subsection (5)(d), for “police authority”
substitute “local policing body”.

323 In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police
authority employees” substitute “civilian staff”.

324 20In section 45 (regulation of procedure and practice), omit subsection (2)(a).

325 In section 50 (policing objectives: Authority), in subsection (3)—

(a) in paragraph (a), at the end insert “and”;

(b) omit paragraph (c) (and the word “and” at the end of paragraph (b)).

326 In section 55 (three-year strategy plan)—

(a) 25in paragraph (b), at the end insert “and”;

(b) omit paragraph (d) (and the word “and” at the end of paragraph (c)).

327 In Schedule 4 (British Transport Police Authority), in paragraph 7
(disqualification), for sub-paragraph (2)(c) substitute—

“(c) a member of a police and crime commissioner’s staff (within
30the meaning of Part 1 of the Police Reform and Social
Responsibility Act 2011),

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

(cb) a member of the civilian staff of a police force, including the
35metropolitan police force, (within the meaning of that Part of
that Act), or”.

Sexual Offences Act 2003

328 In the Sexual Offences Act 2003, in section 136M (reimbursement of costs),
for “police authority” (in each place) substitute “local policing body”.

40Children Act 2004

329 The Children Act 2004 is amended as follows.

330 In section 10 (co-operation to improve well-being: England), in subsection
(4)(b), for “the police authority” substitute “the local policing body”.

331 In section 11 (arrangements to safeguard and promote welfare: England), in
subsection (1)(h), for “police authority” substitute “local policing body”.

332 5In section 25 (co-operation to improve well-being: Wales), in subsection
(4)(a), for “the police authority” substitute “the local policing body”.

333 In section 28 (arrangements to safeguard and promote welfare: Wales), in
subsection (1)(d), for “police authority” substitute “local policing body”.

Housing Act 2004

334 10In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in
paragraph 2(1) (buildings controlled or managed by public sector bodies
etc), for sub-paragraphs (c) and (d) substitute—

“(c) a police and crime commissioner,

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

15Public Audit (Wales) Act 2004

335 The Public Audit (Wales) Act 2004 is amended as follows.

336 In section 12 (local government bodies in Wales), in subsection (1)—

(a) in paragraph (f), for “police authority” substitute “police and crime
commissioner”;

(b) 20after paragraph (f), insert—

“(fa) a chief constable of a police force maintained under
section 2 of the Police Act 1996 for a police area in
Wales;”.

337 (1) Section 40 (documents relating to police authorities) is amended in
25accordance with this paragraph.

(2) In the title, for “police authorities” substitute “police and crime
commissioners and chief constables”.

(3) In subsection (1), for “police authority for” substitute “police and crime
commissioner for, or the chief constable of a police force maintained under
30section 2 of the Police Act 1996 for,”.

(4) In subsection (2)—

(a) for “police authorities” substitute “police and crime commissioners”;

(b) for “police authority” substitute “police and crime commissioner”.

(5) After subsection (2) insert—

“(3) 35If the Auditor General for Wales has sent a document (or a copy of a
document) relating to one or more chief constables of police forces
maintained under section 2 of the Police Act 1996 for a police area in
Wales, the Auditor General may send a copy of the document to the
persons to whom a copy of a document may be sent under
40subsection (2).”.

338 In section 46 (performance standards: relevant bodies), in subsection (1)(d),
for “police authority” substitute “police and crime commissioner”.

Drugs Act 2005

339 In the Drugs Act 2005, in section 19 (interpretation), for subsection (7)
substitute—

“(7) Police support officer” means—

(a) 5persons appointed by a chief constable under paragraph 4 of
Schedule 2 to the Police Reform and Social Responsibility Act
2011 (civilian staff of police forces outside London), and

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

Public Services Ombudsman (Wales) Act 2005

340 The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

341 In Schedule 2 (excluded matters), in paragraph 1, for “police authority”
substitute “police and crime commissioner”.

342 15In Schedule 3 (listed authorities), for “police authority” substitute “police
and crime commissioner”.

Serious Organised Crime and Police Act 2005

343 The Serious Organised Crime and Police Act 2005 is amended as follows.

344 (1) Section 6 (annual plans) is amended in accordance with this paragraph.

(2) 20In subsection (7)(d)—

(a) at the beginning insert “each local policing body for an area in
England and Wales,”;

(b) for “Great Britain” substitute “Scotland”.

(3) In subsection (8), for “Great Britain” substitute “Scotland”.

345 (1) 25Section 7 (annual reports) is amended in accordance with this paragraph.

(2) In subsection (4)(d)—

(a) at the beginning insert “each local policing body for an area in
England and Wales,”;

(b) for “Great Britain” substitute “Scotland”.

(3) 30In subsection (5), for “Great Britain” substitute “Scotland”.

346 (1) Section 23 (mutual assistance between SOCA and law enforcement agencies:
voluntary arrangements) is amended in accordance with this paragraph.

(2) In subsections (8) and (9), for “relevant police authority” substitute “relevant
policing body”.

(3) 35In subsection (11), in the definition of “relevant police authority”—

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

(b) before paragraph (a) insert—

• “(za)

  in relation to a police force in England or
  Wales, the local policing body maintaining
  40that force,”;

(c) in paragraph (a), for “Great Britain” substitute “Scotland”.

347 (1) Section 26 (use by SOCA of police premises etc) is amended in accordance
with this paragraph.

(2) In subsection (1)(a), for “relevant police authority” substitute “relevant
5policing body”.

(3) In subsection (2)—

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

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

(4) 10In subsection (3)—

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

(b) in paragraphs (a) and (b), for “that body” substitute “SOCA or that
body”.

(5) In subsection (6)—

(a) 15for “relevant police authority” substitute “relevant policing body”;

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

(6) In subsection (7)—

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

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

348 (1) 20Section 155 (payments by Secretary of State to police authorities in relation
to the prevention, detection and enforcement of certain traffic offences) is
amended in accordance with this paragraph.

(2) In the title, for “police authority” substitute “local policing body”.

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

349 25In Schedule 5 (persons specified for the purposes of section 82), in paragraph
14(a), for “police authority employees” substitute “civilian staff”.

Government of Wales Act 2006

350 The Government of Wales Act 2006 is amended as follows.

351 In section 72 (partnership council), in subsection (5)(c), for “police
30authorities” substitute “police and crime commissioners”.

352 In Part 1 of Schedule 7 (Assembly Acts: subjects), in paragraph 12 for “police
authorities” substitute “police and crime commissioners”.

London Olympic Games and Paralympic Games Act 2006

353 The London Olympic Games and Paralympic Games Act 2006 is amended
35as follows.

354 In section 21 (offence), in subsection (4), after “pay to” insert “a local policing
body,”.

355 In section 22 (enforcement of power of entry)—

(a) in subsection (8), after “compensation from” insert “a local policing
40body,”;

(b) in subsection (9), after “A” (at the beginning) insert “local policing
body, a”.

356 In section 28 (enforcement of power of entry)—

(a) in subsection (6), after “compensation from” insert “a local policing
5body,”;

(b) in subsection (7), after “A” (at the beginning) insert “local policing
body, a”.

Police and Justice Act 2006

357 The Police and Justice Act 2006 is amended as follows.

358 10In section 6 (consultation with APA and ACPO), omit subsection 2(2)(a).

359 (1) Schedule 1 (National Policing Improvement Agency) is amended as follows.

(2) In paragraph 5 (annual plans)—

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

(b) 15in sub-paragraph (7), 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) 20the Common Council of the City of London,”.

(3) In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word
“and” at the end of sub-paragraph (2)(b)) substitute—

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

(c) 25the Mayor’s Office for Policing and Crime, and

(d) the Common Council of the City of London.”.

(4) In paragraph 7 (chairman and other members)—

(a) for sub-paragraph (2)(a) substitute—

“(a) such persons as appear to the Secretary of State to
30represent the 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”;

(b) in sub-paragraph (4)(a), for “nominated by the Association of Police
35Authorities” substitute “who is a police and crime commissioner”.

(5) In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police
authority” substitute “local policing body”.

(6) In the italic heading before paragraph 35 (Payments by Agency to police
authorities), after “to” insert “local policing bodies”.

(7) 40In paragraph 35, in sub-paragraph (a), for “police authorities” substitute
“local policing bodies”.

(8) In paragraph 48 (power to modify objects, functions and strategy of the

Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—

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

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

(d) 5the Common Council of the City of London, and”.

Safeguarding Vulnerable Groups Act 2006

360 In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred
lists), in paragraph 19 (information), in sub-paragraph (4), for “police
authority” substitute “local policing body”.

10Violent Crime Reduction Act 2006

361 The Violent Crime Reduction Act 2006 is amended as follows.

362 In section 18 (functions of local chief officer of police), for “police authority”
(in each place), substitute “local policing body”.

363 In section 19 (guidance about the designation of zones)—

(a) 15for “police authorities” (in each place) substitute “local policing
bodies”;

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

Corporate Manslaughter and Corporate Homicide Act 2007

364 In the Corporate Manslaughter and Corporate Homicide Act 2007, in section
2013 (application to police forces), in subsection (3)(b), for “police authority”
substitute “local policing body”.

Local Government and Public Involvement in Health Act 2007

365 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

366 25In section 104 (application of Chapter 1 of Part 5: partner authorities), for
subsection (2)(e) substitute—

“(e) a local policing body;”.

367 In section 123 (joint overview and scrutiny committees), in subsection (7) for
“a police authority” substitute “a local policing body”.

368 30In section 212 (entities controlled etc by local authorities), in subsection (7),
in paragraph (a) of the definition of “local authority”, after “that Act)” insert
“, apart from a police and crime commissioner”.

Serious Crime Act 2007

369 In the Serious Crime Act 2007, in section 39 (compliance with orders:
35authorised monitors), in subsection (10), in the definition of “law
enforcement agency”—

(a) before paragraph (a) insert—

• “(za)

  the chief constable of a police force
  maintained under section 2 of the Police Act
  401996;

  Police Reform and Social Responsibility BillPage 236

  (zb)

  the Commissioner of Police of the Metropolis;

  (zc)

  the Common Council of the City of London in
  its capacity as police authority;”;

(b) in paragraph (a), omit “a police authority or”.

5Pensions Act 2008

370 (1) In the Pensions Act 2008, section 95 (police) is amended as follows.

(2) In subsection (1), after “by the” insert “relevant local policing body or”.

(3) In subsection (2)—

(a) after “A” (in the first place) insert “local policing body, or a”;

(b) 10after “relevant” insert “local policing body, or relevant”.

Coroners and Justice Act 2009

371 In the Coroners and Justice Act 2009, in section 24 (provision of staff and
accommodation), in subsection (2), for “police authority” substitute “local
policing body”.

15Local Democracy, Economic Development and Construction Act 2009

372 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

373 In section 2 (democratic arrangements of connected authorities)—

(a) for subsection (3)(f) substitute—

“(f) 20a local policing body;”;

(b) for subsection (5)(e) substitute—

“(e) a local policing body;”.

374 In section 23 (duty of public authorities to secure involvement), in
subsection (2), for paragraph (j) substitute—

“(j) 25the Common Council of the City of London in its capacity as
a police authority;”.

375 In section 35 (mutual insurance: supplementary), in subsection (2), for
paragraph (k) substitute—

“(k) the Common Council of the City of London in its capacity as
30a police authority;”.

376 In section 123 (partner authorities), for subsection (2)(d) substitute—

“(d) a local policing body;”.

Policing and Crime Act 2009

377 In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments
35Panel), omit subsection (1).

Child Poverty Act 2010

378 In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for
“police authority” substitute “local policing body”.

Equality Act 2010

379 The Equality Act 2010 is amended as follows.

380 In section 1 (public sector duty regarding socio-economic duties), in
subsection (3)(k), for “police authority” substitute “police and crime
5commissioner”.

381 In section 43 (interpretation of section 42)—

(a) in subsection (3), for “police authority” (in each place) substitute
“local policing body or police authority”;

(b) in subsection (8), for paragraph (d) substitute—

“(d) 10the Police Reform and Social Responsibility Act
2011.”.

382 In Schedule 19 (public authorities), in Part 1, under the heading “Police”, for
“The Metropolitan” to “section 3 of that Act”, substitute—

“A police and crime commissioner established under section 1 of
15the Police Reform and Social Responsibility Act 2011.

The Mayor’s Office for Policing and Crime established under
section 4 of that Act.”.

Section 151

SCHEDULE 17 Temporary class drug orders

20Amendments of the Misuse of Drugs Act 1971

1 The Misuse of Drugs Act 1971 is amended as set out in paragraphs 2 to 20.

2 In section 2 (controlled drugs and their classification for purposes of Act), in
subsection (1)—

(a) in paragraph (a), for the words after “specified” substitute “—

(i) 25in Part I, II or III of Schedule 2, or

(ii) in a temporary class drug order as a drug subject to
temporary control (but this is subject to section 2A(6));”, and

(b) at the end of paragraph (b) insert “, and

(c) the expression “temporary class drug” means any
30substance or product which is for the time being a
controlled drug by virtue of a temporary class drug
order;”.

3 After section 2 insert—

“2A Temporary class drug orders

(1) 35The Secretary of State may make an order (referred to in this Act as a
“temporary class drug order”) specifying any substance or product
as a drug subject to temporary control if the following two conditions
are met.

(2) The first condition is that the substance or product is not a Class A
40drug, a Class B drug or a Class C drug.

(3) The second condition is that—

(a) the Secretary of State has consulted in accordance with
section 2B and has determined that the order should be
made, or

(b) 5the Secretary of State has received a recommendation under
that section that the order should be made.

(4) The Secretary of State may make the determination mentioned in
subsection (3)(a) only if it appears to the Secretary of State that—

(a) the substance or product is a drug that is being, or is likely to
10be, misused, and

(b) that misuse is having, or is capable of having, harmful effects.

(5) A substance or product may be specified in a temporary class drug
order by reference to—

(a) the name of the substance or product, or

(b) 15a description of the substance or product (which may take
such form as the Secretary of State thinks appropriate for the
purposes of the specification).

(6) A substance or product specified in a temporary class drug order as
a drug subject to temporary control ceases to be a controlled drug by
20virtue of the order—

(a) at the end of one year beginning with the day on which the
order comes into force, or

(b) if earlier, upon the coming into force of an Order in Council
under section 2(2) by virtue of which the substance or
25product is specified in Part 1, 2 or 3 of Schedule 2.

(7) Subsection (6)—

(a) is subject to subsection (10), and

(b) is without prejudice to the power of the Secretary of State to
vary or revoke a temporary class drug order by a further
30order.

(8) The power of the Secretary of State to make an order under this
section is subject to section 2B.

(9) An order under this section is to be made by statutory instrument.

(10) An order under this section—

(a) 35must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days
beginning with the day on which the order is made unless
before the end of that period the order is approved by a
resolution of each House of Parliament.

(11) 40In calculating that period of 40 days no account is to be taken of any
time during which Parliament is dissolved or prorogued or during
which both Houses are adjourned for more than 4 days.

(12) Subsection (10)(b)—

(a) is without prejudice to anything previously done or to the
45power of the Secretary of State to make a new order under
this section;

(b) does not apply to an order that only revokes a previous order
under this section.

2B Orders under section 2A: role of Advisory Council etc

(1) Before making an order under section 2A the Secretary of State—

(a) 5must consult as mentioned in subsection (2), or

(b) must have received a recommendation from the Advisory
Council to make the order.

(2) The Secretary of State must consult—

(a) the Advisory Council, or

(b) 10if the order is to be made under section 2A(1) and the urgency
condition applies, the person mentioned in subsection (3).

(3) The person referred to in subsection (2)(b) is—

(a) the person who is for the time being the chairman of the
Advisory Council appointed under paragraph 1(3) of
15Schedule 1, or

(b) if that person has delegated the function of responding to
consultation under subsection (1)(a) to another member of
the Advisory Council, that other member.

(4) The “urgency condition” applies if it appears to the Secretary of State
20that the misuse of the substance or product to be specified in the
order as a drug subject to temporary control, or the likelihood of its
misuse, poses an urgent and significant threat to public safety or
health.

(5) The duty of the Advisory Council or any other person consulted
25under subsection (1)(a) is limited to giving to the Secretary of State
that person’s opinion as to whether the order in question should be
made.

(6) A recommendation under subsection (1)(b) that a temporary class
drug order should be made may be given by the Advisory Council
30only if it appears to the Council that—

(a) the substance or product is a drug that is being, or is likely to
be, misused, and

(b) that misuse is having, or is capable of having, harmful
effects.”.

4 35In section 3 (restriction of importation and exportation of controlled drugs),
in subsection (2)(a) after “this Act” insert “or by provision made in a
temporary class drug order by virtue of section 7A”.

5 In section 4(1) (restriction of production and supply of controlled drugs),
after “this Act” insert “, or any provision made in a temporary class drug
40order by virtue of section 7A,”.

6 In section 5 (restriction of possession of controlled drugs), after subsection
(2) insert—

“(2A) Subsections (1) and (2) do not apply in relation to a temporary class
drug.”.

7 45In section 7 (authorisation of activities otherwise unlawful under foregoing