Police Reform and Social Responsibility Bill (HL Bill 86)

10 Crime and disorder reduction grants

(1) The elected local policing body for a police area may make a crime and
disorder reduction grant to any person.

(2) A crime and disorder reduction grant is a grant which, in the opinion of the
5elected local policing body, will secure, or contribute to securing, crime and
disorder reduction in the body’s area.

(3) The elected local policing body may make a crime and disorder reduction grant
subject to any conditions (including conditions as to repayment) which the
body thinks appropriate.

11 10Co-operative working

(1) The elected local policing body for a police area must, in exercising its
functions, have regard to the relevant priorities of each responsible authority.

(2) The elected local policing body for a police area, in exercising its functions, and
a responsible authority, in exercising its functions conferred by or under
15section 6 of the Crime and Disorder Act 1998 in relation to that police area,
must act in co-operation with each other.

(3) The elected local policing body for a police area, and the criminal justice bodies
which exercise functions as criminal justice bodies in that police area, must
make arrangements (so far as it is appropriate to do so) for the exercise of
20functions so as to provide an efficient and effective criminal justice system for
the police area.

(4) The references in this section to a responsible authority exercising functions in
relation to a police area are references to the responsible authority exercising
the functions in relation to a local government area that is comprised, or
25included, in the police area.

(5) In this section—

• “criminal justice body”, in relation to the elected local policing body for a
  police area, means—

  (a)

  the chief officer of police for that police area;

  (b)

  30the Crown Prosecution Service;

  (c)

  the Lord Chancellor, in exercising functions under section 1 of
  the Courts Act 2003 (duty to ensure efficient and effective courts
  service);

  (d)

  a Minister of the Crown, in exercising functions in relation to
  35prisons (within the meaning of the Prison Act 1952);

  (e)

  a youth offending team established under section 39 of the
  Crime and Disorder Act 1998;

  (f)

  a person with whom the Secretary of State has made contractual
  or other arrangements, under section 3(2) of the Offender
  40Management Act 2007, for the making of probation provision;

  (g)

  the Secretary of State, in making probation provision in
  accordance with arrangements made by the Secretary of State
  under section 3(5) of the Offender Management Act 2007;

• “functions” does not include functions which are exercisable only in
  45relation to Wales and relate to matters in relation to which the Welsh
  Ministers have functions;

Police Reform and Social Responsibility BillPage 11

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “relevant priority”, in relation to a responsible authority, means a priority
  applicable to the exercise of that authority’s functions which is
  5identified by that authority in compliance with a requirement imposed
  by regulations made under section 6(2) of the Crime and Disorder Act
  1998;

• “responsible authority” has the same meaning as in section 5 of the Crime
  and Disorder Act 1998.

10Information, consultation etc

12 Information for public etc

(1) An elected local policing body—

(a) must publish specified information; and

(b) if the time or manner of the publication of that information is specified,
15must publish it at that time or in that manner.

(2) For that purpose, “specified” means specified by the Secretary of State by
order.

(3) An elected local policing body must publish the information which the body
considers to be necessary to enable the persons who live in the body’s area to
20assess—

(a) the performance of the body in exercising the body’s functions, and

(b) the performance of the relevant chief officer of police in exercising the
chief officer’s functions.

(4) The information necessary to enable those persons to assess those matters by
25reference to a particular time, or a particular period, must be published by the
elected local policing body as soon as practicable after that time or the end of
that period.

(5) An elected local policing body may provide (whether by publication or other
means) information about—

(a) 30the exercise of the body’s functions, and

(b) the exercise of the functions of the relevant chief officer of police.

13 Annual reports

(1) Each elected local policing body must produce a report (an “annual report”)
on—

(a) 35the exercise of the body’s functions in each financial year, and

(b) the progress which has been made in the financial year in meeting the
police and crime objectives in the body’s police and crime plan.

(2) As soon as practicable after producing an annual report, the elected local
policing body must send the report to the relevant police and crime panel.

(3) 40The elected local policing body must attend before the panel at the public
meeting arranged by the panel in accordance with section 29(4), to—

(a) present the report to the panel, and

(b) answer the panel’s questions on the report.

(4) The elected local policing body must—

(a) give the panel a response to any report or recommendations on the
annual report (see section 29(4)), and

(b) publish any such response.

(5) 5It is for the police and crime panel to determine the manner in which a response
to a report or recommendations is to be published in accordance with
subsection (4)(b).

(6) An elected local policing body must arrange for each annual report to be
published.

(7) 10It is for the elected local policing body to determine the manner in which an
annual report is to be published.

14 Information for police and crime panels

(1) An elected local policing body must provide the relevant police and crime
panel with any information which the panel may reasonably require in order
15to carry out its functions.

(2) But subsection (1) does not require the elected local policing body to provide
information if disclosure of the information—

(a) would, in the view of the chief officer of police, be against the interests
of national security,

(b) 20might, in the view of the chief officer of police, jeopardise the safety of
any person,

(c) might, in the view of the chief officer of police, prejudice the prevention
or detection of crime, the apprehension or prosecution of offenders, or
the administration of justice, or

(d) 25is prohibited by or under any enactment.

(3) An elected local policing body may provide the relevant police and crime panel
with any other information which the body thinks appropriate.

15 Arrangements for obtaining the views of the community on policing

(1) Section 96 of the Police Act 1996 (arrangements for obtaining the views of the
30community on policing) is amended in accordance with this section.

(2) In subsection (1), after paragraph (b) insert “;

and for obtaining the views of victims of crime in that area about
matters concerning the policing of the area.”.

(3) After subsection (1) insert—

“(1A) 35Those arrangements must include, in the case of—

(a) a police area listed in Schedule 1, or

(b) the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued
under section 6 or 7 of the Police Reform and Social Responsibility Act
402011, the views of the people in that police area, and the views of the
victims of crime in that area, on that plan.

(1B) Those arrangements must include, in the case of a police area listed in
Schedule 1, arrangements for obtaining, before the first precept for a

financial year is issued by the police and crime commissioner under
section 40 of the Local Government Finance Act 1992, the views of—

(a) the people in that police area, and

(b) the relevant ratepayers’ representatives,

5on the proposals of the police and crime commissioner for expenditure
(including capital expenditure) in that financial year.

(1C) Those arrangements must include, in the case of the metropolitan
police district, arrangements for obtaining, before the first calculations
in relation to the Mayor’s Office for Policing and Crime are made for a
10financial year under section 85 of the Greater London Authority Act
1999, the views of—

(a) the people in the metropolitan police district, and

(b) the relevant ratepayers’ representatives,

on the proposals of the Mayor’s Office for Policing and Crime for
15expenditure (including capital expenditure) in that financial year.”.

(4) For subsection (2) substitute—

“(2) Arrangements under this section are to be made by the local policing
body for the police area, after consulting the chief officer of police for
that area.”.

(5) 20Before subsection (6) insert—

“(5A) In subsections (1B) and (1C) “relevant ratepayers’ representatives”, in
relation to a police area listed in Schedule 1, or the metropolitan police
district, means the persons or bodies who appear to the elected local
policing body for that area or district to be representative of persons
25subject to non-domestic rates under sections 43 and 45 of the Local
Government Finance Act 1988 as regards hereditaments situated in that
area or district.

(5B) In determining which persons or bodies are relevant ratepayers’
representatives, an elected local policing body must have regard to any
30guidance given by the Secretary of State.”

(6) Omit subsections (6) to (10).

Other provisions about functions

16 Supply of goods and services

(1) Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and
35services by local authorities) apply, with the modification set out in subsection
(2), to each elected local policing body as they apply to a local authority.

(2) In those subsections, references to a public body (within the meaning of that
section) are to be read as references to any person.

(3) An elected local policing body may not enter into an agreement with another
40elected local policing body, or with the Common Council in its capacity as a
police authority, under section 1 of the 1970 Act in respect of a matter which
could be the subject of force collaboration provision in a collaboration
agreement under section 22A of the Police Act 1996.

(4) In this section “1970 Act” means the Local Authorities (Goods and Services)
Act 1970.

17 Appointment of persons not employed by elected local policing bodies

(1) This section applies where an elected local policing body is required or
5authorised by any Act—

(a) to appoint a person to a specified post in the body, or

(b) to designate a person as having specified duties or responsibilities.

(2) The elected local policing body may appoint or designate a person whether or
not the person is already a member of staff of the body.

(3) 10Subsection (2) has effect in spite of any provision to the contrary in the Act that
is mentioned in subsection (1).

18 Duties when carrying out functions

(1) In carrying out functions, an elected local policing body must have regard to
the views of people in the body’s area about policing in that area.

(2) 15In carrying out functions in a particular financial year, an elected local policing
body must have regard to any report or recommendations made by the
relevant police and crime panel on the annual report for the previous financial
year (see section 29(4)).

(3) Subsection (2) does not affect any exercise of the functions of the elected local
20policing body in any part of a particular financial year that falls—

(a) before the body has received a report or recommendations on the
annual report for the previous financial year, or

(b) during the period after receipt of a report or recommendations when
the body is considering the report or recommendations.

(4) 25This section is in addition to the duty under section 9 to have regard to the
police and crime plan.

19 Delegation of functions by police and crime commissioners

(1) The police and crime commissioner for a police area may—

(a) appoint a person as the deputy police and crime commissioner for that
30police area, and

(b) arrange for the deputy police and crime commissioner to exercise any
function of the police and crime commissioner.

(2) A police and crime commissioner may arrange for any person (who is not the
deputy police and crime commissioner) to exercise any function of the
35commissioner.

(3) But a police and crime commissioner may not—

(a) appoint a person listed in subsection (6) as the deputy police and crime
commissioner;

(b) arrange for the deputy police and crime commissioner to exercise a
40function listed in subsection (7)(a), (e) or (f);

(c) arrange, under subsection (2), for a person listed in subsection (6) to
exercise any function; or

(d) arrange, under subsection (2), for any person to exercise a function
listed in subsection (7).

(4) A deputy police and crime commissioner may arrange for any other person to
exercise any function of the police and crime commissioner which is, in
5accordance with subsection (1)(b), exercisable by the deputy police and crime
commissioner.

(5) But the deputy police and crime commissioner may not arrange for a person to
exercise a function if—

(a) the person is listed in subsection (6), or

(b) 10the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

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

(d) 15the Deputy Mayor for Policing and Crime appointed by the Mayor’s
Office for Policing and Crime;

(e) the Mayor of London;

(f) the Common Council of the City of London;

(g) any other person or body which maintains a police force;

(h) 20a member of the staff of a person falling within any of paragraphs (a) to
(g).

(7) The functions referred to in subsection (3) are—

(a) issuing a police and crime plan (see section 6);

(b) determining police and crime objectives (see section 8);

(c) 25attendance at a meeting of a police and crime panel in compliance with
a requirement by the panel to do so (see section 30);

(d) preparing an annual report to a policing and crime panel (see section
13);

(e) appointing the chief constable, suspending the chief constable, or
30calling upon the chief constable to retire or resign (see section 39);

(f) calculating a budget requirement (see section 43 of the Local
Government Finance Act 1992).

(8) If a function of a police and crime commissioner is exercisable by any other
person in accordance with this section, any property or rights vested in the
35commissioner may be dealt with by the other person in exercising the function,
as if vested in that person.

(9) Subsection (2) applies whether or not there is a deputy police and crime
commissioner.

(10) The deputy police and crime commissioner is a member of the police and crime
40commissioner’s staff.

(11) For further provision about the appointment of a deputy police and crime
commissioner, see paragraphs 8 to 12 of Schedule 1.

20 Delegation of functions by Mayor’s Office for Policing and Crime

(1) The Mayor’s Office for Policing and Crime may—

(a) 45appoint a person as the Deputy Mayor for Policing and Crime, and

(b) arrange for the Deputy Mayor for Policing and Crime to exercise any
function of the Mayor’s Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime may arrange for a person (who is
not the Deputy Mayor for Policing and Crime) to exercise any function of the
5Mayor’s Office for Policing and Crime.

(3) But the Mayor’s Office for Policing and Crime may not—

(a) appoint a person listed in subsection (6) as the Deputy Mayor for
Policing and Crime;

(b) arrange for the Deputy Mayor for Policing and Crime to exercise a
10function listed in subsection (7)(a), (e), (f), (g) or (h);

(c) arrange, under subsection (2), for a person listed in subsection (6) to
exercise any function; or

(d) arrange, under subsection (2), for a person to exercise a function listed
in subsection (7).

(4) 15The Deputy Mayor for Policing and Crime may arrange for any other person
to exercise any function of the Mayor’s Office for Policing and Crime which is,
in accordance with subsection (1)(b), exercisable by the Deputy Mayor for
Policing and Crime.

(5) But the Deputy Mayor for Policing and Crime may not arrange for a person to
20exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) 25a police and crime commissioner;

(c) the Mayor of London;

(d) the Common Council of the City of London;

(e) any other person or body which maintains a police force;

(f) a member of the staff of a person falling within any of paragraphs (a) to
30(e).

(7) The functions mentioned in subsection (3) are—

(a) issuing a police and crime plan (see section 7);

(b) determining police and crime objectives (see section 8);

(c) attendance at a meeting of the police and crime panel of the London
35Assembly in compliance with a requirement by the panel to do so (see
section 30);

(d) preparing an annual report to the policing and crime panel of the
London Assembly (see section 13);

(e) making recommendations in relation to the appointment of a
40Commissioner of Police of the Metropolis under section 43;

(f) making representations in relation to the appointment of a Deputy
Commissioner of Police of the Metropolis under section 46;

(g) being consulted in relation to the appointment or removal of an
Assistant Commissioner of Police of the Metropolis, a Deputy Assistant
45Commissioner of Police of the Metropolis, or a Commander (see
sections 46, 47, 48 and 50);

(h) suspending the Commissioner, or Deputy Commissioner, of Police of
the Metropolis, or calling upon the Commissioner, or Deputy
Commissioner, to retire or resign (see section 49).

(8) If a function of the Mayor’s Office for Policing and Crime is exercisable by a
5person in accordance with subsection (1), (2) or (4), any property or rights
vested in the Office may be dealt with by the other person in exercising the
function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a Deputy Mayor for Policing and
Crime.

(10) 10The Deputy Mayor for Policing and Crime is a member of the staff of the
Mayor’s Office for Policing and Crime.

(11) But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly
member).

(12) The appointment of the Deputy Mayor for Policing and Crime is subject to
15Schedule 4A to the Greater London Authority Act 1999.

(13) For further provision about the appointment of the Deputy Mayor for Policing
and Crime, see paragraph 4 of Schedule 3.

21 Deputy Mayor for Policing and Crime: confirmation hearings

(1) The Greater London Authority Act 1999 is amended in accordance with this
20section.

(2) In section 60A (confirmation hearings etc for certain appointments by the
Mayor)—

(a) in the title, at the end insert “or Mayor’s Office for Policing and
Crime”;

(b) 25in subsection (3), omit the entry relating to the chairman and vice
chairman of the Metropolitan Police Authority;

(c) for subsection (4) substitute—

“(4) This section also applies in any case where the Mayor’s Office
for Policing and Crime proposes to make an appointment,
30under section 20 of the Police Reform and Social Responsibility
Act 2011, of a person to be the Deputy Mayor for Policing and
Crime.”.

(3) In Schedule 4A (confirmation hearings etc)—

(a) in paragraph 1 (application of Schedule), after sub-paragraph (2)
35insert—

“(3) This Schedule also has effect where the Mayor’s Office for
Policing and Crime proposes to make an appointment, under
section 20 of the Police Reform and Social Responsibility Act
2011, of a person to be the Deputy Mayor for Policing and
40Crime.

(4) In the application of this Schedule in relation to such an
appointment, references to the Mayor are to be read as
references to the Mayor’s Office for Policing and Crime.

(5) Paragraph 9 does not apply in relation to such an
appointment (but see section 33 of the Police Reform and
Social Responsibility Act 2011).

(6) Paragraph 10 applies in relation to such an appointment if the
5candidate is not a member of the London Assembly.

(7) Paragraphs 2, 4 and 5 are subject to paragraph 10.”;

(b) after paragraph 9 insert—

“10 (1) The London Assembly may veto the appointment of the
candidate as Deputy Mayor for Policing and Crime if the
10candidate is not a member of the London Assembly.

(2) The exercise of that power of veto in relation to an
appointment is not valid unless the London Assembly—

(a) has held a confirmation meeting in relation to the
appointment before the exercise of the power; and

(b) 15notifies the Mayor’s Office for Policing and Crime of
the veto within the period of 3 weeks described in
paragraph 4(3).

(3) If the London Assembly vetoes the appointment of the
candidate, the Mayor’s Office for Policing and Crime must
20not appoint the candidate.

(4) References in this Schedule to the London Assembly vetoing
the appointment of a candidate are references to the
Assembly making a decision, by the required majority, that
the candidate should not be appointed as Deputy Mayor for
25Policing and Crime.

(5) For that purpose, the London Assembly makes that decision
by the required majority if at least two-thirds of the votes
given in making that decision are votes in favour of making
that decision.”

30Financial matters

22 Police fund

(1) Each elected local policing body must keep a fund to be known as the police
fund.

(2) All of an elected local policing body’s receipts must be paid into the relevant
35police fund.

(3) All of an elected local policing body’s expenditure must be paid out of the
relevant police fund.

(4) An elected local policing body must keep accounts of payments made into or
out of the relevant police fund.

(5) 40Subsections (2) and (3) are subject to any regulations under the Police Pensions
Act 1976.

(6) In this section “relevant police fund”, in relation to an elected local policing
body, means the police fund which that body keeps.

23 Minimum budget for police and crime commissioner

(1) Section 41 of the Police Act 1996 (directions as to minimum budget) is amended
as follows.

(2) In subsection (1)—

(a) 5for “a police authority established under section 3” substitute “a police
and crime commissioner”;

(b) for “the authority” substitute “the commissioner”;

(c) for “its budget requirement” substitute “the commissioner’s budget
requirement”.

(3) 10After subsection (1) insert—

“(1A) But the Secretary of State may not give a direction to the police and
crime commissioner for a police area by virtue of subsection (1) unless
the Secretary of State is satisfied that it is necessary to give the direction
in order to prevent the safety of people in that police area from being
15put at risk.”.

(4) In subsection (4)—

(a) for “a police authority” substitute “a police and crime commissioner”;

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

24 Minimum budget for Mayor’s Office for Policing and Crime

(1) 20The Greater London Authority Act 1999 is amended as follows.

(2) Section 95 (minimum budget for Metropolitan Police Authority) is amended in
accordance with subsections (3) to (7).

(3) In the title, for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime”.

(4) 25In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”;

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

(6) After subsection (2) insert—

“(2A) 30But the Secretary of State may not give a direction to the Authority
under subsection (2) unless the Secretary of State is satisfied that it is
necessary to give the direction in order to prevent the safety of people
in the metropolitan police district from being put at risk.”.

(7) In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each
35place) substitute “Mayor’s Office for Policing and Crime”.

(8) In section 96 (provisions supplemental to section 95), in subsection (6), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.

25 Police grant

(1) 40Section 46 of the Police Act 1996 (police grant) is amended as follows.

(2) In subsection (1)—