Police Reform and Social Responsibility Bill (HL Bill 86)

77 Interpretation of Chapter 6

In this Chapter, the following terms have the following meanings, unless the
context otherwise requires—

• “appropriate officer” has the meaning given by section 76;

• 5“elector”, in relation to an election of a police and crime commissioner,
  means a person entitled to vote at the election;

• “elector”, in relation to a local government election, has same meaning as
  in the Representation of the People Act 1983 (see section 202 of that
  Act);

• 10“electoral area” has the same meaning as in that Act as it applies in
  relation to England and Wales (see section 203 of that Act);

• “local government election” has the same meaning as in that Act as it
  applies in relation to England and Wales (see section 203 of that Act);

• “local government elector” means a person registered as a local
  15government elector in the register of electors in accordance with the
  provisions of the Representation of the People Acts;

• “ordinary election” has the meaning given in section 51;

• “police area returning officer” has the meaning given by section 55.

CHAPTER 7 Other provisions relating to policing and crime and disorder

20Requirement for national policing capabilities

78 The strategic policing requirement

(1) For section 37A of the Police Act 1996 (setting of strategic priorities for police
authorities), substitute—

“37A The strategic policing requirement

(1) 25The Secretary of State must, from time to time, issue a document (the
“strategic policing requirement”) which sets out what, in the Secretary
of State’s view, are—

(a) national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those
30national threats.

(2) A chief officer of police must, in exercising the functions of chief officer,
have regard to the strategic policing requirement.

(3) Before issuing the strategic policing requirement, the Secretary of
State—

(a) 35must obtain the advice of—

(i) such persons as appear to the Secretary of State to
represent the views of chief officers of police, and

(ii) such persons as appear to the Secretary of State to
represent the views of local policing bodies, and

(b) 40must consult such other persons as the Secretary of State thinks
fit.

(4) The strategic policing requirement need not set out a national threat (in
particular) if, in the Secretary of State’s view, countering the threat
would involve police forces other than England and Wales police forces
(and only those other police forces).

(5) 5References in this section to national policing capabilities to counter a
threat are references to the ability of all England and Wales police
forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways
10to counter that threat, or

(c) to exercise one or more functions in accordance with common
operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  15a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  the City of London police force;

• “national threat” means a threat (whether actual or prospective)
  which is—

  (a)

  20a threat to national security, public safety, public order
  or public confidence that is of such gravity as to be of
  national importance, or

  (b)

  a threat which can be countered effectively or efficiently
  only by national policing capabilities to counter the
  25threat.”.

Duties and powers of Secretary of State

79 General duty of Secretary of State

The Secretary of State must exercise the powers conferred by this Part in such
manner and to such extent as appears to the Secretary of State to be best
30calculated to promote the efficiency and effectiveness of the police.

80 Obtaining advice from representative bodies

(1) The Secretary of State may, in connection with the exercise by the Secretary of
State of any function relating to the police or policing, require a representative
body to give the Secretary of State advice on any matter.

(2) 35A requirement under subsection (1) may specify the period within which the
advice is to be given.

(3) A representative body must comply with a requirement under subsection (1).

(4) In a case where—

(a) the Secretary of State makes such a request, and

(b) 40the representative body gives the advice (and, where applicable, does
so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that
function.

(5) In this section “representative body” means any body which appears to the
Secretary of State to represent the professional views of members of one or
more police forces.

81 Abolition of certain powers of Secretary of State

5In the Police Act 1996, omit—

(a) section 38 (performance targets for police strategic priorities);

(b) section 39 (codes of practice for police authorities);

(c) section 43 (reports from police authorities to Secretary of State).

82 Suspension and removal of senior police officers

(1) 10The Police Act 1996 is amended as follows.

(2) Section 42 (removal of chief constables etc) is amended in accordance with
subsections (3) to (11).

(3) For the title substitute “Metropolitan police: suspension or removal of
Commissioner or Deputy Commissioner”.

(4) 15For subsections (1) to (1B) substitute—

“(1) The Secretary of State may require the Mayor’s Office for Policing and
Crime to exercise the power under section 49 of the Police Reform and
Social Responsibility Act 2011 (the “2011 Act”) to call upon the
Commissioner of Police of the Metropolis, or the Deputy
20Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor’s Office for Policing
and Crime to exercise the power under section 49 of the 2011 Act to
suspend the Commissioner of Police of the Metropolis, or the Deputy
Commissioner of Police of the Metropolis, if the Secretary of State
25considers that it is necessary for the maintenance of public confidence
in the metropolitan police force for that police officer to be suspended.”.

(5) In subsection (2), for the words before paragraph (a) substitute—

“(2) Before requiring the Mayor’s Office for Policing and Crime to exercise
its power to call upon the Commissioner of Police of the Metropolis, or
30the Deputy Commissioner of Police of the Metropolis, to retire or
resign, the Secretary of State shall—”.

(6) In subsection (2A), for the words from “notice” (in the second place) to the end
substitute “notice to the Mayor’s Office for Policing and Crime.”.

(7) In subsection (3A)—

(a) 35in paragraph (a), for the words from “, Deputy” to “question” substitute
“or Deputy Commissioner”;

(b) in paragraph (b), for the words from “Metropolitan” to “concerned”
substitute “Mayor’s Office for Policing and Crime”.

(8) In subsection (3B), for the words from “, Deputy” to “question” substitute “or
40Deputy Commissioner”.

(9) In subsection (4), for the words from “, the Deputy” to “constable” substitute
“or Deputy Commissioner”.

(10) For subsection (4A) substitute—

“(4A) If the Secretary of State exercises the power conferred by subsection (1)
to require the Mayor’s Office for Policing and Crime to call upon the
Commissioner to retire or resign—

(a) 5the requirement of section 49(1) of the 2011 Act to obtain the
Secretary of State’s consent does not apply, and

(b) section 49(5) of the 2011 Act does not apply.”.

(11) Omit subsection (4C).

(12) In section 50 (regulations for police forces), after subsection (2) insert—

“(2A) 10Without prejudice to the generality of subsection (1) or (2), regulations
under this section may make provision with respect to the procedures
to be followed by police and crime commissioners, or the Mayor’s
Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) 15powers of removal,

(whether, in the case of the Mayor’s Office for Policing and Crime, on
their own initiative or in compliance with a requirement imposed by
the Secretary of State).

(2B) In subsection (2A)—

• 20“power of removal” means—

  (a)

  the power conferred on police and crime commissioners
  by section 39(3) of the 2011 Act to require chief
  constables to retire or resign;

  (b)

  the power conferred on the Mayor’s Office for Policing
  25and Crime by section 49(3) of the 2011 Act to require the
  Commissioner or Deputy Commissioner of Police of the
  Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners
  30by section 39(2) of the 2011 Act to suspend chief
  constables;

  (b)

  the power conferred on the Mayor’s Office for Policing
  and Crime by section 49(1) of the 2011 Act to suspend
  the Commissioner or Deputy Commissioner of Police of
  35the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social
Responsibility Act 2011.”.

Her Majesty’s inspectors of constabulary

83 Functions of HMIC

(1) 40Section 54 of the Police Act 1996 (appointment and functions of inspectors of
constabulary) is amended as follows.

(2) In subsection (2) omit “to the Secretary of State”.

(3) Omit subsection (2A).

(4) After subsection (2B) insert—

“(2BA) The local policing body for a police area may at any time request the
inspectors of constabulary to carry out an inspection under this section
of a police force maintained for that police area; and a request under
5this subsection may include a request for the inspection to be confined
to a particular part of the force in question, to particular matters or to
particular activities of that force.

(2BB) Where a local policing body requests the inspectors to carry out an
inspection under subsection (2BA), the body must pay to the inspectors
10such reasonable costs incurred or to be incurred in connection with the
inspection as the inspectors may require.”.

(5) Omit subsection (2C).

(6) In subsection (4)—

(a) for “in such form as the Secretary of State may direct” substitute “on the
15carrying out of inspections under this section”, and

(b) for “Secretary of State” (in the third place) substitute “chief inspector”.

(7) After subsection (4) insert—

“(4A) A report under subsection (4) must include the chief inspector’s
assessment of the efficiency and effectiveness of policing in England
20and Wales for the year in respect of which the report is prepared.”.

84 HMIC reports: publication

(1) Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

(2) For subsection (1) substitute—

“(1) The inspectors of constabulary must arrange for any report prepared
25under section 54 to be published in such manner as appears to the
inspectors to be appropriate.”.

(3) For subsection (2) substitute—

“(2) But the inspectors of constabulary must exclude from publication
under subsection (1) anything that the inspectors consider—

(a) 30would be against the interests of national security, or

(b) might jeopardise the safety of any person.

(2A) The inspectors must disclose to the Secretary of State anything
excluded from publication by virtue of subsection (2).”.

(4) For subsection (3) substitute—

“(3) 35The inspectors of constabulary must send a copy of the published
report to—

(a) the Secretary of State,

(b) the local policing body maintaining the police force to which the
report relates,

(c) 40the chief officer of police of that police force, and

(d) any police and crime panel established under section 29 of the
Police Reform and Social Responsibility Act 2011 for the police
area of that police force.”.

(5) In subsection (4)—

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

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

(6) In subsection (5)—

(a) 5for “police authority” substitute “local policing body”, and

(b) in paragraph (c) and in the words following that paragraph, for
“authority” substitute “body”.

(7) In subsection (6) for “police authority” substitute “local policing body”.

(8) Omit subsection (8).

85 10Inspection programmes and frameworks

(1) Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about
HMIC) is amended as follows.

(2) In sub-paragraph (1) omit “, or at such times as the Secretary of State may
specify by order,”.

(3) 15In sub-paragraph (2) for “each of those persons or bodies” substitute “the
Secretary of State”.

(4) After sub-paragraph (2) insert—

“(2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or
20inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be
published in such manner as the chief inspector thinks
appropriate, and

(c) send a copy of each such programme or framework to each of
25the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the
Secretary of State to the inspection programme or framework in
question before acting under sub-paragraph (2A).”.

(5) In sub-paragraph (3)—

(a) 30before “to send” insert “under sub-paragraph (2A)(c)”, and

(b) for “that sub-paragraph” substitute “sub-paragraph (2)”.

(6) Omit sub-paragraph (4).

(7) Before sub-paragraph (5) insert—

“(4A) The Secretary of State may by order specify matters to which the
35chief inspector of constabulary must have regard in preparing an
inspection programme or an inspection framework.

(4B) Those matters may (in particular) include the need to secure, so far
as possible, the following objectives—

(a) that any requirements placed on police forces as a result of
40inspections carried out under section 54 are not unduly
burdensome; and

(b) that inspections under that section can be carried out
promptly in response to matters that raise issues of national
importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may
5issue guidance as to the matters that raise issues of national
importance in relation to the police; and the chief inspector of
constabulary must have regard to any such guidance in preparing an
inspection programme or an inspection framework.”.

86 Powers in connection with HMIC inspections

(1) 10In Schedule 4A to the Police Act 1996 (further provision about HMIC), after
paragraph 6 insert—

“Powers of inspectors regarding information etc

6A (1) The chief officer of police of a police force must—

(a) provide to an inspector such information and documents
15specified or described in a notification given by the inspector
to that chief officer, and

(b) produce or deliver up to the inspector all such evidence and
other things so specified or described,

as appear to the inspector to be required for the purposes of an
20inspection under section 54.

(2) A notification under sub-paragraph (1) requiring any information or
documents to be provided may authorise or require that they be
provided electronically.

(3) Anything that a chief officer is obliged to provide, produce or deliver
25up by virtue of a requirement imposed under sub-paragraph (1)
must be provided, produced or delivered up in such form and
manner, and within such period, as may be specified—

(a) in the notification imposing the requirement, or

(b) in any subsequent notification given by the inspector to the
30chief officer.

(4) Nothing in this paragraph requires a chief officer—

(a) to comply with an obligation imposed under sub-paragraph
(1) before the earliest time at which it is practicable to do so,
or

(b) 35to comply at all with any such obligation if it never becomes
practicable to do so.

(5) In this paragraph—

• “document” means anything in which information of any
  description is recorded, and

• 40“inspector” means—

  (a)

  an inspector of constabulary, or

  (b)

  a person appointed under section 56 as an assistant
  inspector of constabulary or staff officer to the
  inspectors of constabulary.

Powers of inspectors regarding access to police premises

6B (1) Sub-paragraph (2) applies if—

(a) an inspector requires the chief officer of police of a police
force to allow the inspector to have access to any premises
5occupied for the purposes of that force and to documents and
other things on those premises, and

(b) the requirement is imposed for the purposes of an inspection
under section 54.

(2) The chief officer must secure that the required access is allowed to
10the inspector.

(3) Where there are reasonable grounds for not allowing the inspector to
have the required access at the time at which the inspector seeks to
have it, the obligation under sub-paragraph (2) has effect as an
obligation to secure that the required access is allowed to the
15inspector at the earliest practicable time specified by the inspector
after there cease to be any such grounds.

(4) In this paragraph “document” and “inspector” have the same
meanings as in paragraph 6A.”.

87 HMIC and freedom of information

20In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), at the appropriate place insert—

“The chief inspector of constabulary appointed under section 54(1) of the Police
Act 1996.”.

Community safety partnerships

88 25Crime and disorder strategies

Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and
Disorder Act 1998 in relation to the formulation and implementation of crime
and disorder strategies) has effect.

Policing in England and Wales

89 30Collaboration agreements

(1) The Police Act 1996 is amended in accordance with subsections (2) and (3).

(2) After section 22 insert—

“22A Collaboration agreements

(1) A collaboration agreement may be made by—

(a) 35two or more policing bodies; or

(b) the chief officers of police of one or more police forces and two
or more policing bodies.

(2) A collaboration agreement is an agreement containing one or more of
the following—

(a) provision about the discharge of functions of members of a
police force (“force collaboration provision”);

(b) provision about support by a policing body for another policing
body (“policing body collaboration provision”);

(c) 5provision about support by a policing body for the police force
which another policing body is responsible for maintaining
(“policing body & force collaboration provision”).

(3) A collaboration agreement may not contain force collaboration
provision unless the parties to the agreement consist of, or include,—

(a) 10the chief officer of police of each police force to which the
provision relates, and

(b) the policing body that is responsible for maintaining each such
police force.

(4) A collaboration agreement may not contain policing body collaboration
15provision unless the parties to the agreement consist of, or include, each
policing body to which the provision relates.

(5) A collaboration agreement may not contain policing body & force
collaboration provision unless the parties to the agreement consist of,
or include—

(a) 20the policing body, or each policing body, to which the provision
relates;

(b) the chief officer of police of the police force, or each police force,
to which the provision relates; and

(c) the policing body that is responsible for maintaining each such
25police force.

(6) Subsection (1) does not prevent other persons from being parties to
collaboration agreements.

(7) Subsection (2) does not prevent a collaboration agreement from
including other kinds of provision.

(8) 30For the purposes of subsections (3) and (5), the circumstances in which
force collaboration provision, or policing body & force collaboration
provision, is to be taken to relate to a police force include the cases
where provision relates—

(a) to functions of a kind which are or may be exercisable by
35members of that police force, or

(b) to the police area for which that police force is established.

(9) For the purposes of subsections (4) and (5), the circumstances in which
policing body collaboration provision, or policing body & force
collaboration provision, is to be taken to relate to a policing body
40include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by that
policing body or members of the staff of that body, or

(b) to the police area for which that policing body is established.

22B Duty of chief officers to keep collaboration agreements under review

(1) 45The chief officer of police of a police force must keep under
consideration the ways in which the collaboration functions could be

exercised by the chief officer and by one or more other persons to
improve the efficiency or effectiveness of—

(a) that police force, and

(b) one or more other police forces.

(2) 5If the chief officer considers that there is a particular way in which the
collaboration functions could be so exercised by the chief officer and by
one or more other particular persons (“the proposed collaboration”),
the chief officer must notify those other persons (the “proposed
partners”) of the proposed collaboration.

(3) 10The chief officer, and the proposed partners notified under subsection
(2) (the “notified proposed partners”), must consider whether to
exercise the collaboration functions to give effect to the proposed
collaboration.

(4) In considering whether to so exercise the collaboration functions, the
15chief officer and the notified proposed partners must consider whether
the proposed collaboration would be in the interests of the efficiency or
effectiveness of one or more police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the chief officer, and

(b) 20the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration
would be in the interests of the efficiency or effectiveness of one or
more police forces (if the agreeing parties were to exercise the
collaboration functions to give effect to the proposed collaboration, or
25to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to
give effect to the proposed collaboration or to give effect to it so far as
it relates to them.

(7) In this section “collaboration functions” means functions of chief
30officers of police or policing bodies under any of sections 22A to 23I
(apart from this section).

22C Duty of policing bodies to keep collaboration agreements under
review

(1) A policing body must keep under consideration the ways in which the
35collaboration functions could be exercised by the policing body and by
one or more other persons to improve—

(a) the efficiency or effectiveness of—

(i) that policing body,

(ii) the police force which that policing body is responsible
40for maintaining, or

(iii) that body and that force, and

(b) the efficiency or effectiveness of one or more other policing
bodies and police forces.

(2) If the policing body considers that there is a particular way in which the
45collaboration functions could be so exercised by the policing body and
by one or more other particular persons (“the proposed collaboration”),