Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
62

(e)
the validity of acts and proceedings of a person appointed as
a member in the event of his disqualification or lack of
qualification,
(f)
the validity of proceedings of the Authority in the event of a
vacancy in membership or of a defect in the appointment of a
5
member, and
(g)
the payment of remuneration and allowances to a member
and the reimbursement of expenses.
(6)
Regulations under subsection (1) making provision as specified in
subsection (5)(a) may provide for members of the Metropolitan
10
Police Authority to be appointed by a selection panel, and may
include provision as to—
(a)
the number of members of the selection panel,
(b)
how and by whom a member of the panel is to be appointed,
(c)
qualification and disqualification for membership of the
15
panel,
(d)
the tenure of office of a member of the panel (including the
circumstances in which a member ceases to hold office or
may be removed or suspended from office),
(e)
re-appointment as a member of the panel,
20
(f)
the validity of acts and proceedings of a person appointed as
a member of the panel in the event of his disqualification or
lack of qualification,
(g)
the validity of proceedings of the panel in the event of a
vacancy in membership or of a defect in the appointment of a
25
member, and
(h)
the payment of remuneration and allowances to a member of
the panel and the reimbursement of expenses.
(7)
The Secretary of State may by regulations make provision for the
appointment of a chairman and vice-chairman from among the
30
members of the Metropolitan Police Authority, including in
particular provision as to—
(a)
how and by whom the chairman and vice-chairman are to be
appointed,
(b)
qualification and disqualification for appointment,
35
(c)
the tenure of office of the chairman and vice-chairman
(including the circumstances in which a chairman or vice-
chairman ceases to hold office or may be removed or
suspended from office),
(d)
eligibility for re-appointment,
40
(e)
the validity of acts and proceedings of a person appointed as
chairman or vice-chairman in the event of his disqualification
or lack of qualification,
(f)
the validity of proceedings of the Authority in the event of a
vacancy in the office of chairman or vice-chairman or of a
45
defect in the appointment of the chairman or vice-chairman,
and
(g)
the payment of remuneration and allowances to a chairman
or vice-chairman and the reimbursement of expenses.

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
63

(8)
The Secretary of State may by regulations make provision as to the
payment of remuneration and allowances to, and the reimbursement
of expenses of, members of the Metropolitan Police Authority’s
standards committee.
(9)
Before making any regulations under this section, the Secretary of
5
State must consult—
(a)
the Metropolitan Police Authority,
(b)
the Greater London Authority,
(c)
persons whom he considers to represent the interests of the
councils of London boroughs, and
10
(d)
such other persons as he thinks fit.
(10)
Regulations under this section may make transitional, consequential,
incidental and supplemental provision or savings.
(11)
A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
15
Parliament.”
6
In section 19 (approval of decisions about precepts), in subsection (2)(b), for
“appointed under paragraph 2 of Schedule 2” there is substituted “who are
members of a relevant council as defined in section 4(10)”.
7
In section 20 (questions on police matters at council meetings), for
20
subsection (3) there is substituted—
“(3)
In this section a council is a “relevant council” in relation to a police
authority if—
(a)
it is the council for a county, district, or county borough
which constitutes, or is wholly within, the authority’s police
25
area, and
(b)
in the case of a district council, the district is not in a county
having a county council within paragraph (a).”
8
Schedules 2 to 3A (provision about membership of police authorities) are
repealed.
30
Functions of police authorities
9     (1)
Section 6 (general functions of police authorities) is amended as follows.
      (2)
In subsection (1)—
(a)
the words after “section 3” become paragraph (a) of that subsection;
(b)
at the end of that paragraph there is inserted “, and
35
(b)
shall hold the chief officer of police of that force to
account for the exercise of his functions and those of
persons under his direction and control.”
      (3)
In subsection (2)—
(a)
in paragraph (a), for “objectives determined by the Secretary of State
40
under section 37” there is substituted “strategic priorities determined
by the Secretary of State under section 37A”;
(b)
in paragraph (b), for “under section 7” there is substituted “by virtue
of section 6ZB”;

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
64

(c)
for paragraph (d) there is substituted—
“(d)
any plan issued by the authority by virtue of section
6ZB.”
      (4)
Subsection (4) (police authorities to comply with directions given under
section 38 or 40) is omitted.
5
10
After section 6 there is inserted—
“6ZA
Power to confer particular functions on police authorities
(1)
The Secretary of State may by order confer particular functions on
police authorities.
(2)
Without prejudice to the generality of subsection (1), an order under
10
this section may contain provision requiring a police authority—
(a)
to monitor the performance of the police force maintained for
its area in—
(i)
complying with any duty imposed on the force by or
under this Act, the Human Rights Act 1998 or any
15
other enactment;
(ii)
carrying out any plan issued by virtue of section 6ZB;
(b)
to secure that arrangements are made for that force to co-
operate with other police forces whenever necessary or
expedient;
20
(c)
to promote diversity within that force and within the
authority.
(3)
Before making an order under this section the Secretary of State must
consult—
(a)
persons whom he considers to represent the interests of
25
police authorities,
(b)
persons whom he considers to represent the interests of chief
officers of police, and
(c)
such other persons as he thinks fit.
(4)
An order under this section may make different provision for
30
different police authorities.
(5)
A statutory instrument containing an order under this section shall
be subject to annulment in pursuance of a resolution of either House
of Parliament.”
Police authorities: objectives, plans and reports
35
11
After section 6ZA (inserted by paragraph 10) there is inserted—
“6ZB
Policing objectives, policing plans and policing reports
(1)
The Secretary of State may by order require police authorities—
(a)
to determine objectives, and
(b)
to issue plans and reports,
40

concerning the policing of their areas.
(2)
An order under this section requiring objectives to be determined
may contain provision as to—

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
65

(a)
the periods to which objectives are to relate, and, as regards
each period, the date by which objectives are to be
determined;
(b)
the matters to which objectives are to relate;
(c)
persons who are to be consulted, and matters that are to be
5
considered, in determining objectives.
(3)
An order under this section requiring plans to be issued may contain
provision as to—
(a)
the periods to be covered by plans, and, as regards each
period, the date by which plans are to be issued;
10
(b)
the matters to be dealt with in plans;
(c)
the contribution to be made by chief officers of police to the
preparation of plans;
(d)
persons who are to be consulted, and matters that are to be
considered, in preparing plans;
15
(e)
modification of plans;
(f)
persons to whom copies of plans are to be sent.
(4)
An order under this section requiring reports to be issued may
contain provision as to—
(a)
the periods to be covered by reports, and, as regards each
20
period, the date by which reports are to be issued;
(b)
the matters to be dealt with in reports;
(c)
persons to whom copies of reports are to be sent.
(5)
Before making an order under this section the Secretary of State must
consult—
25
(a)
persons whom he considers to represent the interests of
police authorities,
(b)
persons whom he considers to represent the interests of chief
officers of police, and
(c)
such other persons as he thinks fit.
30
(6)
An order under this section may make different provision for
different police authorities.
(7)
A statutory instrument containing an order under this section shall
be subject to annulment in pursuance of a resolution of either House
of Parliament.”
35
12
The following sections are repealed—
section 6A (three-year strategy plans);
section 7 (local policing objectives);
section 8 (local policing plans);
section 9 (annual reports by police authorities).
40
13
In section 9A (general functions of Commissioner of Police of the
Metropolis), in subsection (2), for the words after “shall have regard” there
is substituted “to—
(a)
any arrangements involving the metropolitan police force
that are made by virtue of section 6ZA(2)(b);
45
(b)
any objectives determined by the Metropolitan Police
Authority by virtue of section 6ZB(1)(a);

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
66

(c)
any plans issued by that Authority by virtue of section
6ZB(1)(b).”
14
In section 10 (general functions of chief constables), in subsection (2), for the
words after “shall have regard” there is substituted “to—
(a)
any arrangements involving his force that are made by virtue
5
of section 6ZA(2)(b);
(b)
any objectives determined by the police authority for his area
by virtue of section 6ZB(1)(a);
(c)
any plans issued by that authority by virtue of section
6ZB(1)(b).”
10
15
In section 96B (national and international functions: application of
requirements relating to reports etc)—
(a)
in subsection (2), for “section 7(1)” there is substituted “section
6ZB(1)”;
(b)
subsections (3) and (4) are omitted.
15
Civilian employees of police authorities
16    (1)
Section 15 (civilian employees) is amended as follows.
      (2)
For subsection (2) (civilians employed by police authority to be under
direction and control of chief officer of police) there is substituted—
“(2)
A police authority shall exercise its powers under section 101 (and
20
section 107) of the Local Government Act 1972 so as to secure that,
subject to section 24(3A), any person employed by the authority
under this section solely to assist the police force maintained by the
authority is under the direction and control of the chief officer of
police of that force.”
25
      (3)
Subsection (3) (power to agree or determine exceptions to section 15(2)) is
omitted.
17
In section 24 (aid of one police force by another), after subsection (3) there is
inserted—
“(3A)
While a person employed by a police authority under section 15
30
solely to assist the police force maintained by that authority is
provided under this section for the assistance of another police force,
he shall, notwithstanding section 15(2), be under the direction and
control of the chief officer of police of that other force.”
Jurisdiction of special constables
35
18    (1)
Section 30 (jurisdiction of constables) is amended as follows.
      (2)
For subsection (2) (jurisdiction of special constables) there is substituted—
“(2)
A special constable shall have all the powers and privileges of a
constable throughout England and Wales and the adjacent United
Kingdom waters.”
40
      (3)
Subsections (3) and (4) are omitted.

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Schedule 2 — Amendments to the Police Act 1996
67

19
In section 24(3) (constable assisting another police force to be under
direction and control of chief officer of that force), for “section 10(1)” there is
substituted “sections 9A(1) and 10(1)”.
20
In section 27(2) (special constables to be under direction and control of chief
officer), after “Subject to” there is inserted “section 24(3) and”.
5
Secretary of State’s strategic functions in relation to police authorities
21
Sections 36A (National Policing Plan) and 37 (setting of objectives for police
authorities) are repealed.
22
Before section 38 there is inserted—
“37A
Setting of strategic priorities for police authorities
10
(1)
The Secretary of State may determine strategic priorities for the
policing of the areas of all police authorities to which this section
applies.
(2)
Before determining any such priorities the Secretary of State shall
consult—
15
(a)
persons whom he considers to represent the interests of
police authorities to which this section applies, and
(b)
persons whom he considers to represent the interests of chief
officers of police of forces maintained by those authorities.
(3)
The Secretary of State shall arrange for any priorities determined
20
under this section to be published in such manner as he considers
appropriate.
(4)
The police authorities to which this section applies are those
established under section 3 and the Metropolitan Police Authority.”
23    (1)
Section 38 (setting of performance targets) is amended as follows.
25
      (2)
In subsection (1)—
(a)
for “an objective has been determined under section 37” there is
substituted “a strategic priority has been determined under section
37A”;
(b)
for “to achieve the objective” there is substituted “to give effect to
30
that priority”.
      (3)
In subsection (2), for “section 37” there is substituted “section 37A”.
      (4)
After subsection (4) there is inserted—
“(5)
A police authority that is given a direction under this section shall
comply with it.”
35
Power to give directions to police authority or chief officer of police
24
For section 40 (power to give directions to police authority) there is

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Schedule 2 — Amendments to the Police Act 1996
68

substituted—
“40
Power to give directions in relation to police force
(1)
Where the Secretary of State is satisfied that the whole or any part of
a police force is failing to discharge any of its functions in an effective
manner, whether generally or in particular respects, he may direct—
5
(a)
the chief officer of police of the force,
(b)
the police authority responsible for maintaining the force, or
(c)
both of them,

to take specified measures for the purpose of remedying the failure.
(2)
Where the Secretary of State is satisfied that the whole or a part of a
10
police force will fail to discharge any of its functions in an effective
manner, whether generally or in particular respects, unless remedial
measures are taken, he may direct—
(a)
the chief officer of police of the force,
(b)
the police authority responsible for maintaining the force, or
15
(c)
both of them,

to take specified measures in order to prevent such a failure
occurring.
(3)
The measures that may be specified in a direction under subsection
(1) or (2) include the submission to the Secretary of State of an action
20
plan setting out the measures which the person or persons
submitting the plan propose to take for the purpose of remedying the
failure in question or (as the case may be) preventing such a failure
occurring.
(4)
The Secretary of State shall not give a direction under this section in
25
relation to any police force unless—
(a)
the police authority responsible for maintaining the force and
the chief officer of police of that force have each been given
such information about the Secretary of State’s grounds for
proposing to give that direction as he considers appropriate
30
for enabling them to make representations or proposals
under the following paragraphs of this subsection;
(b)
that police authority and chief officer have each been given
an opportunity of making representations about those
grounds;
35
(c)
that police authority and chief officer have each had an
opportunity of making proposals for the taking of remedial
measures that would make the giving of the direction
unnecessary; and
(d)
the Secretary of State has considered any such
40
representations and any such proposals.
(5)
Subsection (4) does not apply if the Secretary of State is satisfied
that—
(a)
the police authority responsible for maintaining the force and
the chief officer of police of that force have already been
45
made aware of the matters constituting the Secretary of
State’s grounds for proposing to give a direction under this
section;