Police Reform and Social Responsibility Bill (HL Bill 86)

the policing must notify those other persons (the “proposed partners”)
of the proposed collaboration.

(3) The policing body, and the proposed partners notified under
subsection (2) (the “notified proposed partners”), must consider
5whether to exercise the collaboration functions to give effect to the
proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the
policing body and the notified proposed partners must consider
whether the proposed collaboration would be in the interests of the
10efficiency or effectiveness of one or more policing bodies or police
forces.

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

(a) the policing body, and

(b) the notified proposed partners,

15(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 policing bodies or police forces (if the agreeing parties were to
exercise the collaboration functions to give effect to the proposed
collaboration, or to give effect to it so far as it relates to them).

(6) 20The 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 policing
bodies or chief officers of police under any of sections 22A to 23I (apart
25from this section).”.

(3) After section 23F insert—

“23FA Police functions that must be the subject of force collaboration
provision

(1) The Secretary of State may, by order, require a specified police function
30to be exercised in relation to—

(a) all police areas, or

(b) all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2) An order under this section may specify whether the specified police
35function is required to be exercised in relation to the specified police
areas in accordance with police collaboration provision contained in—

(a) a single collaboration agreement which relates to all of those
police areas, or

(b) a number of collaboration agreements which, between them,
40relate to all of those police areas.

(3) Provision under subsection (2)(b) need not specify a particular number
of collaboration agreements.

(4) A statutory instrument containing an order under this section may not
be made unless a draft of the instrument has been laid before, and
45approved by a resolution of, each House of Parliament.

(5) If, but for this subsection, an instrument containing an order under this
section would be treated for the purposes of the standing orders of
either House of Parliament as a hybrid instrument, it is to proceed in
that House as if it were not a hybrid instrument.

(6) 5In this section “specified” means specified in an order under this
section.”.

(4) Schedule 12 (collaboration agreements) has effect.

90 Police powers for civilian employees under collaboration agreements

Schedule 13 (police powers for civilian employees under collaboration
10agreements) has effect.

91 Power to give directions

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

(2) In section 40 (powers to give directions in relation to police force), for “police
authority” (in each place) substitute “local policing body”.

(3) 15In section 40A (powers to give directions in relation to police authority)—

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

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

(4) In section 40B (procedure for directions under section 40 or 40A)—

(a) 20for subsection (2)(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) the Common Council”;.

(ab) 25in subsection (5), for “police authority” substitute “local policing body”.

92 Provision of information by chief officers of police

In the Police Act 1996, for section 44 (reports from chief constables) and section
45 (criminal statistics) substitute—

“44 Provision of information by chief officers of police

(1) 30The Secretary of State may require a chief officer of police of any police
force to provide the Secretary of State with information on such matters
as may be specified in the requirement, being matters connected with—

(a) the policing of the police area for which that police force is
maintained, or

(b) 35the discharge of the national or international functions of that
police force.

(2) A requirement under subsection (1) may, in particular, specify
information in the form of statistical data, being data connected with—

(a) the policing of that police area, or

(b) 40the discharge of the national or international functions of the
police force for that area.

(3) A requirement under subsection (1) may specify the form in which
information is to be provided.

(4) The Secretary of State may require a chief officer to publish, in such
manner as appears to the Secretary of State to be appropriate,
5information provided in accordance with a requirement under
subsection (1).

(5) The Secretary of State may cause a consolidated and classified abstract
of any information in the form of statistical data that is provided in
accordance with subsection (1) to be prepared and laid before
10Parliament.”.

93 Regulations about provision of equipment

(1) Section 53 of the Police Act 1996 (regulations as to standard of equipment) is
amended as follows.

(2) In the title, after “standard” insert “and provision”.

(3) 15After subsection (1A) insert—

“(1AA) The Secretary of State may, by regulations, make provision about the
arrangements which must be, may be, or must not be, used for the
provision of equipment for use for police purposes.

(1AA) The regulations may, in particular—

(a) 20make provision about the nature or terms of such
arrangements, or

(b) prescribe arrangements which may be, or must be, used.”

(4) In subsection (1B), after “subsection (1A)” insert “or (1AA)”.

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

“(a) 25such 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) the Common Council;”.

94 National and international functions

(1) 30Section 96A of the Police Act 1996 (national and international functions of the
metropolitan police) is amended in accordance with subsections (2) to (6).

(2) In the title, after “police” insert “force and other police forces”.

(3) For subsection (1) substitute—

“(1) The Secretary of State and the Mayor’s Office for Policing and Crime
35may enter into agreements with respect to the level of performance to
be achieved by the metropolitan police force in respect of any of its
national or international functions.

(1A) The Secretary of State and the police and crime commissioner that
maintains a police force may enter into agreements with respect to the
40level of performance to be achieved by the police force in respect of any
of its national or international functions.

(1B) The Secretary of State and the Common Council may enter into
agreements with respect to the level of performance to be achieved by
the City of London police force in respect of any of its national or
international functions.”.

(4) 5In subsection (2)—

(a) for “the metropolitan police force” substitute “a police force”;

(b) for “Metropolitan Police Authority” substitute “local policing body”.

(5) In subsection (3), for “The Metropolitan Police Authority” substitute “A local
policing body”.

(6) 10Omit subsection (4).

(7) Omit section 96B of the Police Act 1996 (national and international functions:
application of requirements relating to reports etc).

Police: complaints

95 Police: complaints

15Schedule 14 (police: complaints) has effect.

CHAPTER 8 Miscellaneous provisions

96 Interpretation of Police Act 1996

(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) 20after the definition of “City of London police area” insert—

• ““Common Council” means the Common Council of the
  City of London in its capacity as police authority for the
  City of London police area;

• “elected local policing body” means—

  (a)

  25a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

• “local policing body” means—

  (a)

  a police and crime commissioner (in relation to a
  police area listed in Schedule 1);

  (b)

  30the Mayor’s Office for Policing and Crime (in
  relation to the metropolitan police district);

  (c)

  the Common Council (in relation to the City of
  London police area);

• “Mayor’s Office for Policing and Crime” means the body
  35established under section 4 of the Police Reform and
  Social Responsibility Act 2011;”;

(b) after the definition of “metropolitan police district” insert—

• ““national or international functions” means functions
  relating to—

  Police Reform and Social Responsibility BillPage 64

  (a)

  the protection of prominent persons or their
  residences,

  (b)

  national security,

  (c)

  counter-terrorism, or

  (d)

  5the provision of services for any other national
  or international purpose;

• “police and crime commissioner” means a body
  established under section 1 of the Police Reform and
  Social Responsibility Act 2011;”;

(c) 10omit the definition of “police authority”;

(d) in the definition of “police force”, for “police authority” substitute
“local policing body”;

(e) in the definition of “police fund”, for paragraph (a) substitute—

• “(a)

  in relation to a police area for which there is an
  15elected local policing body, the fund kept by that
  body under section 22 of the Police Reform and
  Social Responsibility Act 2011;”.

(3) After subsection (2) insert—

“(3) References in this Act to the staff of a police and crime commissioner,
20or to the staff of the Mayor’s Office for Policing and Crime, have the
same meaning as in the Police Reform and Social Responsibility Act
2011.”.

97 Amendments of the Interpretation Act 1978

(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is
25amended as follows.

(2) After the entry for “Local land charges register” insert—

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

(3) After the entry for “Person” insert—

• 30““Police and crime commissioner” means a police and crime
  commissioner established under section 1 of the Police
  Reform and Social Responsibility Act 2011.”.

(4) In the entry that begins “Police area”, omit “, police authority”;

(5) After the entry that begins “Police Area” insert—

• 35““Police authority”, in relation to Scotland, has the meaning or
  effect described by sections 50 and 51(4) of the Police
  (Scotland) Act 1967.”.

98 Police reform: transitional provision

Schedule 15 (police reform: transitional provision) has effect.

99 40Police reform: minor and consequential amendments

Schedule 16 (police reform: minor and consequential amendments) has effect.

100 Guidance

Any guidance under this Part—

(a) must be in writing;

(b) may be varied or revoked by further guidance;

(c) 5may be given to one or more particular persons, or generally;

(d) may make provision generally or in relation to specific cases; and

(e) may make different provision for different cases.

101 Crime and disorder reduction

(1) A reference to crime and disorder reduction is a reference to—

(a) 10reduction of crime and disorder (including anti-social and other
behaviour adversely affecting the local environment),

(b) combating the misuse of drugs, alcohol and other substances, and

(c) reduction of re-offending.

(2) In this section “anti-social behaviour” means behaviour by a person which
15causes or is likely to cause harassment, alarm or distress to one or more other
persons not of the same household as the person.

(3) This section applies for the purposes of this Part.

102 Interpretation of Part 1

(1) In this Part (unless otherwise specified)—

• 20“chief executive” means—

  (a)

  in relation to a police and crime commissioner, the chief
  executive appointed by the commissioner under Schedule 1;

  (b)

  in relation to the Mayor’s Office for Policing and Crime, the
  chief executive appointed by the Office under Schedule 3;

• 25“chief finance officer” means—

  (a)

  in relation to a police and crime commissioner, the chief finance
  officer appointed by the commissioner under Schedule 1;

  (b)

  in relation to the chief constable of a police force to which
  Chapter 1 applies, the chief finance officer appointed by the
  30chief constable under Schedule 2;

  (c)

  in relation to the Mayor’s Office for Policing and Crime, the
  chief finance officer appointed by the Office under Schedule 3;

  (d)

  in relation to the Commissioner of Police of the Metropolis, the
  chief finance officer appointed by the Commissioner under
  35Schedule 4;

• “chief officer of police” means—

  (a)

  in relation to a police force maintained under section 2 of the
  Police Act 1996, the chief constable of that force;

  (b)

  in relation to the metropolitan police force, the Commissioner of
  40Police of the Metropolis;

• “crime and disorder reduction” has the meaning given in section 101;

• “elected local policing body” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act
  1996, the police and crime commissioner for the area;

  Police Reform and Social Responsibility BillPage 66

  (b)

  in relation to the metropolitan police district, the Mayor’s Office
  for Policing and Crime;

• “national or international functions” means functions relating to—

  (a)

  the protection of prominent persons or their residences,

  (b)

  5national security,

  (c)

  counter-terrorism, or

  (d)

  the provision of services for any other national or international
  purpose;

• “police and crime panel” means—

  (a)

  10in relation to a police area listed in Schedule 1 to the Police Act
  1996, the police and crime panel referred to in subsection (1) of
  section 29;

  (b)

  in relation to the metropolitan police district, the committee
  established under section 33;

• 15“police and crime plan” has the meaning given in section 8;

• “police area” means—

  (a)

  a police area listed in Schedule 1 to the Police Act 1996 (police
  areas outside London), and

  (b)

  the metropolitan police district;

• 20“relevant chief officer of police”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  25means the chief officer of police of the police force for that area;

• “relevant elected local policing body”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  30the police and crime panel for a police area,

  means the elected local policing body for that area;

• “relevant police and crime panel”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  35the chief officer of police of the police force for a police area, or

  (d)

  the elected local policing body for a police area,

  means the police and crime panel for that area;

• “relevant police force”, in relation to—

  (a)

  a police area,

  (b)

  40a chief officer of police of the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the police force for that area.

(2) References in this Part to a police and crime commissioner’s area are references
45to the police area for which the commissioner is established.

(3) References in this Part to a police and crime commissioner’s staff are references
to the following persons appointed under Schedule 1—

(a) the commissioner’s chief executive;

(b) the commissioner’s chief finance officer; and

(c) other staff;

and to the person (if any) appointed as the deputy police and crime
commissioner under section 19.

(4) 5References in this Part to a police force’s civilian staff are (except in the case of
the metropolitan police force) references to—

(a) the chief finance officer appointed by the chief constable of the force
under paragraph 4 of Schedule 2, and

(b)
the other staff appointed by that chief constable under that Schedule.

(5) 10References in this Part to the staff of the Mayor’s Office for Policing and Crime
are references to—

(a) the Office’s chief finance officer appointed under section 127(2) of the
Greater London Authority Act 1999;

(b) the Office’s chief executive appointed under Schedule 3;

(c) 15other staff appointed under Schedule 3; and

(d) the person (if any) appointed under section 20 as the Deputy Mayor for
Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy
Mayor an Assembly member)).

(6) References in this Part to the metropolitan police force’s civilian staff are
20references to—

(a) the chief finance officer appointed by the Commissioner of Police of the
Metropolis under paragraph 1 of Schedule 4, and

(b)
the other staff appointed by the Commissioner under that Schedule.

Part 2 25Licensing

CHAPTER 1 Amendments of the Licensing Act 2003

Responsible authorities

103 Licensing authorities as responsible authorities

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) 30In section 13(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) the relevant licensing authority and any other licensing
authority in whose area part of the premises is
situated,”, and

(b) 35omit paragraph (g).

(3) In section 69(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) the relevant licensing authority and any other licensing
authority in whose area part of the premises is
40situated,”, and

(b) omit paragraph (g).

(4) The amendments made by this section apply in relation to—

(a) applications relating to premises licences or club premises certificates
that are made on or after the commencement of this section, and

(b) 5notices under section 165(4) of the Licensing Act 2003 (closure orders)
that are received by a licensing authority on or after the commencement
of this section.

104 Primary Care Trusts and Local Health Boards as responsible authorities

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) 10In section 5(3) (statement of licensing policy), after paragraph (b) insert—

“(ba) each Primary Care Trust or Local Health Board for an area any
part of which is in the licensing authority’s area,”.

(3) In section 13(4) (authorised persons, interested parties and responsible
authorities), after paragraph (b) insert—

“(ba) 15the Primary Care Trust or Local Health Board for any area in
which the premises are situated,”.

(4) In section 69(4) (authorised persons, interested parties and responsible
authorities), after paragraph (b) insert—

“(ba) the Primary Care Trust or Local Health Board for any area in
20which the premises are situated,”.

(5) The amendments made by this section apply in relation to—

(a) applications relating to premises licences or club premises certificates
that are made on or after the commencement of this section, and

(b) notices under section 165(4) of the Licensing Act 2003 (closure orders)
25that are received by a licensing authority on or after that
commencement.

Removing the vicinity test

105 Premises licences: who may make relevant representations

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (9).

(2) 30In section 13 (authorised persons, interested parties and responsible
authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit ““interested party”,”, and

(c) omit subsection (3).

(3) 35In section 17(5) (application for premises licence)—

(a) in paragraph (a)(ii), for “interested parties” substitute “persons who
live, or are involved in a business, in the relevant licensing authority’s
area and who are”,

(b) after paragraph (a) insert—

“(aa) 40require the relevant licensing authority to advertise the
application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to
bring the application to the attention of the
persons who are likely to be affected by it; and”,
and”

(c) 5in paragraph (c), for “interested parties and responsible authorities”
substitute “responsible authorities and other persons”.

(4) In section 18(7) (determination of application for premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and

(b) 10in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(5) In section 31(6) (determination of application for provisional statement)—

(a) in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and

(b) 15in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(6) In section 35(6) (determination of application to vary premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and

(b) 20in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(7) In section 41B(2)(b)(ii) (determination of application for minor variation of
premises licence), for “an interested party” substitute “any other person”.

(8) In section 41D(6) (variation of premises licence: supply of alcohol from
25community premises), for paragraph (b) substitute—

“(b) subsection (6)(c) were omitted.”.

(9) In section 194 (index of defined expressions), omit the entry for the expression
“interested party, in Part 3”.

(10) In section 33 of the Policing and Crime Act 2009 (individual members of
30licensing authorities to be interested parties), omit subsection (1).

(11) The amendments made by this section apply in relation to applications relating
to premises licences that are made on or after the commencement of this
section.

106 Premises licences: who may apply for review

(1) 35The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) In section 51 (application for review of premises licences)—

(a) in subsection (1), for “an interested party or a responsible authority”
substitute “a responsible authority or any other person”, and

(b) in subsection (3)—

(i) 40in paragraph (b), for “interested parties and responsible
authorities” substitute “responsible authorities and other
persons”, and

(ii) in paragraph (c), for “interested party” substitute “other
person”.