Greater London Authority Bill

Greater London Authority Bill - continued	House of Commons

back to previous text

PART VI

THE METROPOLITAN POLICE

The Metropolitan Police Authority and its police force

Establishment, membership and duty to maintain police force.

207. - (1) After section 5 of the Police Act 1996 there shall be inserted-

	"The metropolitan police force
Maintenance of the metropolitan police force.	5A. A police force shall be maintained for the metropolitan police district.
Establishment of the Metropolitan Police Authority.	5B. - (1) There shall be a police authority for the metropolitan police district.
	(2) The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.
Membership etc of the Metropolitan Police Authority.	5C. - (1) The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).
	(2) The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.
	(3) Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult-
	(a) the Greater London Authority;
	(b) the Metropolitan Police Authority; and
	(c) any selection panel, constituted under regulations made in accordance with section 29(2) of the Justices of the Peace Act 1997, which is responsible, or is represented on a joint committee which is responsible, for the appointment of members of the Metropolitan Police Authority.
	(4) An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.
	(5) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.
	(6) Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.
	The metropolitan police and forces outside London".

(2) After Schedule 2 to the Police Act 1996 there shall be inserted the Schedule 2A set out in Schedule 16 to this Act.

Assimilation of general functions to those of other police authorities.

208. In section 6 of the Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted-

"(5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3."

Metropolitan Police Authority to be police authority instead of Secretary of State.

209. - (1) Section 101 of the Police Act 1996 (interpretation) shall be amended as follows.

(2) In the definition of "police authority", in paragraph (b), for "Secretary of State" there shall be substituted "Metropolitan Police Authority".

(3) In the definition of "police fund"-

(a) in paragraph (a), after "force maintained under section 2" there shall be inserted "or the metropolitan police force", and

(b) paragraph (b) shall cease to have effect.

Openness.

210. - (1) Section 100J of the Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.

(2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted-

"(eza) the Metropolitan Police Authority;".

(3) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after "(e)," there shall be inserted "(eza),".

(4) In subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) in paragraph (a), after "Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".

Commissioner, Deputy Commissioner and Assistant Commissioners

General functions of the Commissioner.

211. After section 9 of the Police Act 1996 there shall be inserted-

"General functions of the Commissioner of Police of the Metropolis.	9A. - (1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.
	(2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8."

Appointment of Commissioner.

212. After section 9A of the Police Act 1996 there shall be inserted-

"Appointment of Commissioner of Police of the Metropolis.	9B. - (1) There shall be a Commissioner of Police of the Metropolis.
	(2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.
	(3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty's pleasure.
	(4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.
	(5) No recommendation shall be made to Her Majesty to appoint a person as Commissioner of Police of the Metropolis unless the Mayor of London has been afforded an opportunity to make representations to the Secretary of State concerning the applicants to fill the vacancy.
	(6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally."

Functions of the Deputy Commissioner.

213. After section 9B of the Police Act 1996 there shall be inserted-

"Functions of Deputy Commissioner of Police of the Metropolis.	9C. - (1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis-
	(a) during any absence, incapacity or suspension from duty of the Commissioner,
	(b) during any vacancy in the office of the Commissioner, or
	(c) at any other time, with the consent of the Commissioner.
	(2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.
	(3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis."

Appointment of Deputy Commissioner.

214. After section 9C of the Police Act 1996 there shall be inserted-

"Appointment of Deputy Commissioner of Police of the Metropolis.	9D. - (1) There shall be a Deputy Commissioner of Police of the Metropolis.
	(2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.
	(3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty's pleasure.
	(4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.
	(5) No recommendation shall be made to Her Majesty to appoint a person as Deputy Commissioner unless the Commissioner has been afforded an opportunity to make representations to the Secretary of State concerning the applicants to fill the vacancy.
	(6) In this section-
	"the Commissioner" means the Commissioner of Police of the Metropolis;
	"Deputy Commissioner" means Deputy Commissioner of Police of the Metropolis."

Removal of Commissioner or Deputy Commissioner.

215. After section 9D of the Police Act 1996 there shall be inserted-

"Removal of Commissioner or Deputy Commissioner.	9E. - (1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.
	(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.
	(3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.
	(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.
	(5) This section is without prejudice to-
	(a) section 9B(3),
	(b) section 9D(3),
	(c) any regulations under section 50, or
	(d) any regulations under the Police Pensions Act 1976."

Appointment, removal and functions of Assistant Commissioners.

216. After section 9E of the Police Act 1996 there shall be inserted-

"Assistant Commissioners of Police of the Metropolis.	9F. - (1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis ("Assistant Commissioner").
	(2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
	(3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.
	(4) Subsection (3) is without prejudice to-
	(a) any regulations under section 50, or
	(b) any regulations under the Police Pensions Act 1976.
	(5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.
	(6) Subsection (5) is without prejudice to any regulations under section 50."

The metropolitan police district

Alteration of the metropolitan police district.

217. In section 76 of the London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted-

"(1) The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple."

The Receiver for the Metropolitan Police District

Abolition of office of Receiver.

218. The office of Receiver for the Metropolitan Police District is abolished.

Miscellaneous

Further amendments relating to metropolitan police etc.

219. Schedule 17 (which makes further amendments relating to the metropolitan police etc) shall have effect.

Prepared 3 December 1998