|
| |
|
(e) | the validity of acts and proceedings of a person appointed as |
| |
a member in the event of his disqualification or lack of |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(g) | the payment of remuneration and allowances to a chairman |
| |
or vice-chairman and the reimbursement of expenses. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(9) | Before making any regulations under this section, the Secretary of |
| 5 |
| |
(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 |
| |
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 |
| |
| |
(a) | it is the council for a county, district, or county borough |
| |
which constitutes, or is wholly within, the authority’s police |
| 25 |
| |
(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 |
| |
| 30 |
Functions of police authorities |
| |
9 (1) | Section 6 (general functions of police authorities) is amended as follows. |
| |
| |
(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.” |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(c) | for paragraph (d) there is substituted— |
| |
“(d) | any plan issued by the authority by virtue of section |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(i) | complying with any duty imposed on the force by or |
| |
under this Act, the Human Rights Act 1998 or any |
| 15 |
| |
(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 |
| |
| 20 |
(c) | to promote diversity within that force and within the |
| |
| |
(3) | Before making an order under this section the Secretary of State must |
| |
| |
(a) | persons whom he considers to represent the interests of |
| 25 |
| |
(b) | persons whom he considers to represent the interests of chief |
| |
| |
(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 |
| |
| |
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— |
| |
|
| |
|
| |
|
(a) | the periods to which objectives are to relate, and, as regards |
| |
each period, the date by which objectives are to be |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 25 |
(a) | persons whom he considers to represent the interests of |
| |
| |
(b) | persons whom he considers to represent the interests of chief |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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); |
| |
|
| |
|
| |
|
(c) | any plans issued by that Authority by virtue of section |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 25 |
(3) | Subsection (3) (power to agree or determine exceptions to section 15(2)) is |
| |
| |
17 | In section 24 (aid of one police force by another), after subsection (3) there is |
| |
| |
“(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 |
| |
| 40 |
(3) | Subsections (3) and (4) are omitted. |
| |
|
| |
|
| |
|
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 |
| |
| |
(2) | Before determining any such priorities the Secretary of State shall |
| |
| 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 |
| |
| |
(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 |
| |
(a) | for “an objective has been determined under section 37” there is |
| |
substituted “a strategic priority has been determined under section |
| |
| |
(b) | for “to achieve the objective” there is substituted “to give effect to |
| 30 |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
| |
“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 |
| |
| |
| 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 |
| |
| to take specified measures in order to prevent such a failure |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|