House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill


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

67

 

(7)   

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 standards committee of a police

authority established under section 3.

(8)   

Before making any regulations under this section in relation to all

5

police authorities established under section 3, the Secretary of State

must consult—

(a)   

persons whom he considers to represent the interests of those

police authorities,

(b)   

persons whom he considers to represent the interests of

10

county and district councils in England and county and

county borough councils in Wales, and

(c)   

such other persons as he thinks fit.

(9)   

Before making any regulations under this section to which

subsection (8) does not apply, the Secretary of State must consult—

15

(a)   

any police authority to which the regulations are to apply,

(b)   

any relevant council in relation to such an authority, and

(c)   

such other persons as he thinks fit.

(10)   

For the purposes of this section, a “relevant council” in relation to a

police authority means—

20

(a)   

in the case of a police authority in England, a county or

district council;

(b)   

in the case of a police authority in Wales, a county or county

borough council.

(11)   

Regulations under this section may make different provision for

25

different police authorities.

(12)   

Regulations under this section may make transitional, consequential,

incidental and supplemental provision or savings.

(13)   

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

30

Parliament.”

4          

Section 5 (reductions in size of police authorities) is repealed.

5          

For section 5C (membership etc of the Metropolitan Police Authority) there

is substituted—

"5C     

Membership etc of the Metropolitan Police Authority

35

(1)   

The Secretary of State may by regulations make provision in relation

to the membership of the Metropolitan Police Authority.

(2)   

Regulations under subsection (1) shall provide for the Metropolitan

Police Authority to consist of—

(a)   

persons appointed from among the persons specified in

40

subsection (3), and

(b)   

other persons.

(3)   

The persons referred to in subsection (2)(a) are—

(a)   

the Mayor of London,

(b)   

members of the London Assembly, and

45

 

 

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

68

 

(c)   

members of the councils of London boroughs.

(4)   

Regulations under subsection (1) making provision as specified in

subsection (2) shall specify—

(a)   

the number of members of the Metropolitan Police Authority,

and

5

(b)   

the number of members falling within paragraph (a) and

paragraph (b) of that subsection,

   

and shall secure that the majority of members of the Authority are

persons falling within paragraph (a) of that subsection.

(5)   

Regulations under subsection (1) may include provision as to—

10

(a)   

how and by whom a member is to be appointed,

(b)   

qualification and disqualification for membership,

(c)   

the tenure of office of a member (including the circumstances

in which a member ceases to hold office or may be removed

or suspended from office),

15

(d)   

re-appointment as a member,

(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

20

vacancy in membership or of a defect in the appointment of a

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

25

subsection (5)(a) may provide for members of the Metropolitan

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,

30

(c)   

qualification and disqualification for membership of the

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),

35

(e)   

re-appointment as a member of the panel,

(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

40

vacancy in membership or of a defect in the appointment of a

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

45

appointment of a chairman and vice-chairman from among the

members of the Metropolitan Police Authority, including in

particular provision as to—

 

 

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

69

 

(a)   

how and by whom the chairman and vice-chairman are to be

appointed,

(b)   

qualification and disqualification for appointment,

(c)   

the tenure of office of the chairman and vice-chairman

(including the circumstances in which a chairman or vice-

5

chairman ceases to hold office or may be removed or

suspended from office),

(d)   

eligibility for re-appointment,

(e)   

the validity of acts and proceedings of a person appointed as

chairman or vice-chairman in the event of his disqualification

10

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

defect in the appointment of the chairman or vice-chairman,

and

15

(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

20

standards committee.

(9)   

Before making any regulations under this section, the Secretary of

State must consult—

(a)   

the Metropolitan Police Authority,

(b)   

the Greater London Authority,

25

(c)   

persons whom he considers to represent the interests of the

councils of London boroughs, and

(d)   

such other persons as he thinks fit.

(10)   

Regulations under this section may make transitional, consequential,

incidental and supplemental provision or savings.

30

(11)   

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

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

35

members of a relevant council as defined in section 4(10)”.

7          

In section 20 (questions on police matters at council meetings), for

subsection (3) there is substituted—

“(3)   

In this section a council is a “relevant council” in relation to a police

authority if—

40

(a)   

it is the council for a county, district, or county borough

which constitutes, or is wholly within, the authority’s police

area, and

(b)   

in the case of a district council, the district is not in a county

having a county council within paragraph (a).”

45

8          

Schedules 2 to 3A (provision about membership of police authorities) are

repealed.

 

 

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

70

 

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

5

(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

10

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”;

(c)   

for paragraph (d) there is substituted—

15

“(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.

10         

After section 6 there is inserted—

20

“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

this section may contain provision requiring a police authority—

25

(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

other enactment;

30

(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;

(c)   

to promote diversity within that force and within the

35

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

police authorities,

40

(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

different police authorities.

45

 

 

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

71

 

(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

11         

After section 6ZA (inserted by paragraph 10) there is inserted—

5

“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,

   

concerning the policing of their areas.

10

(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

determined;

15

(b)   

the matters to which objectives are to relate;

(c)   

persons who are to be consulted, and matters that are to be

considered, in determining objectives.

(3)   

An order under this section requiring plans to be issued may contain

provision as to—

20

(a)   

the periods to be covered by plans, and, as regards each

period, the date by which plans are to be issued;

(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;

25

(d)   

persons who are to be consulted, and matters that are to be

considered, in preparing plans;

(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

30

contain provision as to—

(a)   

the periods to be covered by reports, and, as regards each

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.

35

(5)   

Before making an order under this section the Secretary of State must

consult—

(a)   

persons whom he considers to represent the interests of

police authorities,

(b)   

persons whom he considers to represent the interests of chief

40

officers of police, and

(c)   

such other persons as he thinks fit.

(6)   

An order under this section may make different provision for

different police authorities.

 

 

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

72

 

(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.”

12         

The following sections are repealed—

section 6A (three-year strategy plans);

5

section 7 (local policing objectives);

section 8 (local policing plans);

section 9 (annual reports by police authorities).

13         

In section 9A (general functions of Commissioner of Police of the

Metropolis), in subsection (2), for the words after “shall have regard” there

10

is substituted “to—

(a)   

any arrangements involving the metropolitan police force

that are made by virtue of section 6ZA(2)(b);

(b)   

any objectives determined by the Metropolitan Police

Authority by virtue of section 6ZB(1)(a);

15

(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

20

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).”

25

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.

30

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

35

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.”

40

      (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

 

 

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

73

 

inserted—

“(3A)   

While a person employed by a police authority under section 15

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

5

control of the chief officer of police of that other force.”

Jurisdiction of special constables

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

10

constable throughout England and Wales and the adjacent United

Kingdom waters.”

      (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

15

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”.

Secretary of State’s strategic functions in relation to police authorities

21         

Sections 36A (National Policing Plan) and 37 (setting of objectives for police

20

authorities) are repealed.

22         

Before section 38 there is inserted—

“37A    

Setting of strategic priorities for police authorities

(1)   

The Secretary of State may determine strategic priorities for the

policing of the areas of all police authorities to which this section

25

applies.

(2)   

Before determining any such priorities the Secretary of State shall

consult—

(a)   

persons whom he considers to represent the interests of

police authorities to which this section applies, and

30

(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

under this section to be published in such manner as he considers

appropriate.

35

(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.

      (2)  

In subsection (1)—

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 29 March 2006