|
|
| |
| | |
|
| (b) | the Association of Police Authorities, |
|
| (c) | the Greater London Authority, |
|
| (d) | persons whom he considers to represent the interests |
|
| |
| (e) | such other persons as he thinks fit. |
|
| |
| 7 (1) | Regulations under this Schedule may make transitional, |
|
| consequential, incidental and supplemental provision or |
|
| |
| (2) | A statutory instrument containing regulations under this |
|
| Schedule shall be subject to annulment in pursuance of a |
|
| resolution of either House of Parliament. |
|
| |
| 8 | In this Schedule “lay justice” has the meaning given by section |
|
| 9 of the Courts Act 2003.”” |
|
61 | Page 77, line 8, leave out “section 4(10)” and insert “paragraph 8 of Schedule 2” |
|
62 | Page 77, line 9, leave out paragraph 7 |
|
63 | Page 77, line 18, leave out from “Schedules” to “are” and insert “3 (police |
|
| authorities: selection of independent members) and 3A (police authorities: |
|
| selection of lay justice members)” |
|
64 | Page 78, leave out lines 14 to 17 and insert— |
|
| “(a) | the Association of Police Authorities, |
|
| (b) | the Association of Chief Police Officers, and” |
|
65 | Page 78, line 26, leave out from beginning to end of line 22 on page 79 and insert— |
|
| ““6ZB | Plans by police authorities |
|
| (1) | Before the beginning of each financial year every police authority shall |
|
| issue a plan (a “policing plan”) setting out— |
|
| (a) | the authority’s objectives (“policing objectives”) for the policing of |
|
| its area during that year; and |
|
| (b) | the proposed arrangements for the policing of that area for the |
|
| period of three years beginning with that year. |
|
| (2) | Policing objectives shall be so framed as to be consistent with any strategic |
|
| priorities determined under section 37A. |
|
| (3) | Before determining policing objectives, a police authority shall— |
|
| (a) | consult the relevant chief officer of police, and |
|
| (b) | consider any views obtained by the authority in accordance with |
|
| arrangements made under section 96. |
|
| (4) | A draft of a policing plan required to be issued by a police authority under |
|
| this section shall be prepared by the relevant chief officer of police and |
|
| submitted by him to the authority for it to consider. |
|
|
|
| |
| | |
|
| | The authority shall consult the relevant chief officer of police before issuing |
|
| a policing plan which differs from the draft submitted by him under this |
|
| |
| (5) | The Secretary of State may by regulations make provision supplementing |
|
| that made by this section. |
|
| (6) | The regulations may make provision (further to that made by subsection |
|
| (3)) as to persons who are to be consulted, and matters that are to be |
|
| considered, before determining policing objectives. |
|
| (7) | The regulations may contain provision as to— |
|
| (a) | matters to be dealt with in policing plans (in addition to those |
|
| mentioned in subsection (1)); |
|
| (b) | persons who are to be consulted, and matters that are to be |
|
| considered, in preparing policing plans; |
|
| (c) | modification of policing plans; |
|
| (d) | persons to whom copies of policing plans are to be sent. |
|
| (8) | Before making regulations under this section the Secretary of State must |
|
| |
| (a) | the Association of Police Authorities, |
|
| (b) | the Association of Chief Police Officers, and |
|
| (c) | such other persons as he thinks fit. |
|
| (9) | Regulations under this section may make different provision for different |
|
| |
| (10) | A statutory instrument containing regulations under this section shall be |
|
| subject to annulment in pursuance of a resolution of either House of |
|
| |
| (11) | In this section “the relevant chief officer of police”, in relation to a police |
|
| authority, means the chief officer of police of the police force maintained by |
|
| |
| 6ZC | Reports by police authorities |
|
| (1) | The Secretary of State may by order require police authorities to issue |
|
| reports concerning the policing of their areas. |
|
| (2) | An order under this section may 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. |
|
| (3) | Before making an order under this section the Secretary of State must |
|
| |
| (a) | the Association of Police Authorities, |
|
| (b) | the Association of Chief Police Officers, and |
|
| (c) | such other persons as he thinks fit. |
|
| (4) | An order under this section may make different provision for different |
|
| |
|
|
| |
| | |
|
| (5) | A statutory instrument containing an order under this section shall be |
|
| subject to annulment in pursuance of a resolution of either House of |
|
| |
66 | Page 79, leave out lines 33 to 36 and insert— |
|
| “(b) | the policing plan issued by the Metropolitan Police Authority |
|
| |
67 | Page 79, leave out lines 41 to 44 and insert— |
|
| “(b) | the policing plan issued by the police authority for his area under |
|
| |
68 | Page 79, line 45, leave out paragraph 15 and insert— |
|
| “15(1) | Section 96B (national and international functions: application of |
|
| requirements relating to reports etc) is amended as follows. |
|
| (2) | In subsection (2), for “section 7(1) shall have effect as if the reference” |
|
| there is substituted “section 6ZB(1) shall have effect as if a reference”. |
|
| (3) | Subsection (3) is repealed. |
|
| (4) | In subsection (4), for “section 9(1)” there is substituted “section 6ZC(1)”.” |
|
69 | Page 81, line 41, at end insert— |
|
| “Clerks to police authorities renamed chief executives |
|
| 19A(1) | Section 16 (appointment of clerk by police authority) is amended as |
|
| |
| (2) | In subsections (1) and (2), for “clerk to” there is substituted “chief |
|
| |
| (3) | In the heading, for “clerk” there is substituted “chief executive”. |
|
| 19B | In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for |
|
| “clerk” there is substituted “chief executive”. |
|
| 19C(1) | A reference in subordinate legislation (within the meaning of the |
|
| Interpretation Act 1978 (c. 30)) to the clerk to a police authority has effect |
|
| as a reference to the chief executive of the authority. |
|
| (2) | A person holding office as clerk to a police authority on the |
|
| commencement of paragraph 19A continues in that office as chief |
|
| executive of the authority. |
|
| (3) | In this paragraph “police authority” means— |
|
| (a) | a police authority established under section 3 of the Police Act |
|
| |
| (b) | the Metropolitan Police Authority.” |
|
70 | Page 82, leave out lines 21 to 24 and insert— |
|
| “(a) | the Association of Police Authorities, and |
|
| (b) | the Association of Chief Police Officers.” |
|
71 | Page 83, line 1, leave out paragraphs 26 to 28 |
|
72 | Page 86, line 17, leave out paragraph 29 and insert— |
|
|
|
| |
| | |
|
| “29(1) | Section 96 (arrangements for obtaining the views of the community on |
|
| policing) is amended as follows. |
|
| (2) | In subsection (1)(b), after “crime” there is inserted “and anti-social |
|
| |
| (3) | In subsection (2), for “subsection (6)” there is substituted “provision |
|
| made by virtue of subsection (6)(b)”. |
|
| (4) | For subsections (6) to (10) there is substituted— |
|
| “(6) | The Secretary of State may by regulations— |
|
| (a) | make provision supplementing that made by this section |
|
| (or by regulations under paragraph (b)); |
|
| (b) | make provision applying in place of subsection (2) in |
|
| relation to the City of London police area. |
|
| (7) | Regulations under subsection (6)(a) may contain— |
|
| (a) | provision requiring a police authority to review |
|
| arrangements made under this section from time to time; |
|
| (b) | provision (further to that made by subsection (2) or by |
|
| regulations under subsection (6)(b)) as to persons whom |
|
| a police authority is to consult in making or reviewing the |
|
| |
| (c) | provision as to matters to which a police authority is to |
|
| have regard in making or reviewing the arrangements; |
|
| (d) | provision for the Secretary of State, if not satisfied with |
|
| the adequacy of arrangements made under this section by |
|
| a police authority, to require the authority— |
|
| (i) | to submit reports to him concerning the |
|
| |
| (ii) | to review the arrangements. |
|
| (8) | Before making regulations under this section the Secretary of |
|
| |
| (a) | the Association of Police Authorities, |
|
| (b) | the Association of Chief Police Officers, and |
|
| (c) | such other persons as he thinks fit. |
|
| (9) | Regulations under this section may make different provision for |
|
| different police authorities. |
|
| (10) | A statutory instrument containing regulations under this section |
|
| shall be subject to annulment in pursuance of a resolution of |
|
| either House of Parliament.”” |
|
|
73 | Insert the following new Schedule— |
|
| “Power to merge police pension schemes |
|
| |
| |
| “the 1976 Act” means the Police Pensions Act 1976; |
|
|
|
| |
| | |
|
| “1976 Act scheme” means a pension scheme established by |
|
| regulations under section 1 of the 1976 Act (pensions for police in |
|
| |
| “the 1998 Act” means the Police (Northern Ireland) Act 1998; |
|
| “1998 Act scheme” means a pension scheme established by |
|
| regulations under section 25(2)(k) of the 1998 Act (pensions for |
|
| members of Police Service of Northern Ireland) or section |
|
| 26(2)(g) of that Act (pensions for members of Police Service of |
|
| Northern Ireland Reserve); |
|
| “police pension scheme” means a 1976 Act scheme or a 1998 Act |
|
| |
| “police pensions regulations” means— |
|
| (a) | regulations under section 1 of the 1976 Act; |
|
| (b) | regulations under section 25(2)(k) or 26(2)(g) of the 1998 |
|
| |
| Power to merge police pension schemes |
|
| |
| (a) | revoke those provisions of the police pensions regulations that |
|
| apply to persons who became members of a police pension |
|
| scheme before 6th April 2006, and |
|
| (b) | make equivalent provision establishing a single pension scheme |
|
| for the benefit of those persons. |
|
| (2) | In sub-paragraph (1)(b) “equivalent provision” means, subject to sub- |
|
| paragraph (3), provision having the same effect as the provisions |
|
| |
| (3) | The regulations may make changes to the effect of the provisions |
|
| |
| (a) | are made as a result of consolidating the provisions of the |
|
| different police pensions regulations into a single pension |
|
| |
| (b) | do not make the scheme less beneficial to any member of it than |
|
| the police pension scheme of which he was previously a member. |
|
| Exercise of power to establish merged scheme |
|
| 3 (1) | This paragraph applies to the first regulations under this Schedule. |
|
| (2) | The power to make the regulations is exercisable by the Secretary of State |
|
| with the consent of the Treasury. |
|
| (3) | Before exercising the power the Secretary of State shall consult with the |
|
| Police Negotiating Board for the United Kingdom. |
|
| (4) | The regulations may be framed so as to have effect as from a date before |
|
| the making of the regulations. |
|
| Exercise of power to amend merged scheme |
|
| 4 (1) | The power to make amending regulations is exercisable as if— |
|
| (a) | any provision of the 1976 Act applying to regulations under |
|
| |
|
|
| |
| | |
|
| (b) | any provision of Northern Ireland legislation applying to |
|
| regulations under section 25(2)(k) of the 1998 Act, and |
|
| (c) | any provision of Northern Ireland legislation applying to |
|
| regulations under section 26(2)(g) of that Act, |
|
| | applied also to the amending regulations. |
|
| (2) | In this paragraph “amending regulations” means regulations amending |
|
| regulations previously made under this Schedule. |
|
| Application of provisions of other Acts |
|
| |
| (a) | section 8A of the 1976 Act (information in connection with police |
|
| |
| (b) | section 9 of that Act (assignment etc of pension to be void), and |
|
| (c) | section 10 of that Act (obtaining pension by self-inflicted injury |
|
| |
| | apply to regulations under this Schedule, so far as relating to persons |
|
| who are former members of a 1976 Act Scheme, as they apply to |
|
| regulations under section 1 of the 1976 Act. |
|
| (2) | The Pensions (Increase) Act 1971 has effect as if a reference in paragraph |
|
| 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act |
|
| 1976 included a reference to a pension payable under regulations under |
|
| this Schedule to a person who is a former member of a 1976 Act Scheme. |
|
| |
| 6 | A reference, however expressed, in any document (including an |
|
| |
| (a) | regulations under section 1 of the 1976 Act, |
|
| (b) | regulations under section 25(2)(k) of the 1998 Act, or |
|
| (c) | regulations under section 26(2)(g) of that Act, |
|
| | is to be read, where the context allows, as including a reference to |
|
| regulations under this Schedule. |
|
| Continuity of schemes for tax purposes |
|
| 7 | A pension scheme established under this Schedule is to be regarded for |
|
| the purposes of Part 4 of the Finance Act 2004 (taxation of pension |
|
| schemes etc) as a continuation of each police pension scheme that it |
|
| replaces, and not as a different scheme.” |
|
74 | Insert the following new Schedule— |
|
| “Consultation with APA and ACPO |
|
| Police and Criminal Evidence Act 1984 (c. 60) |
|
| 1 | In section 67 of the Police and Criminal Evidence Act 1984 |
|
| (supplementary provisions about codes), for paragraphs (a) and (b) of |
|
| subsection (4) there is substituted— |
|
| “(a) | the Association of Police Authorities, |
|
| (b) | the Association of Chief Police Officers of England, Wales |
|
| |
|
|
| |
| | |
|
| |
| 2 | In section 8A of the Police Act 1996 (local policing summaries), for |
|
| paragraphs (a) and (b) of subsection (6) there is substituted— |
|
| “(a) | the Association of Police Authorities; |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 3 | In section 39A of that Act (codes of practice for chief officers), for |
|
| paragraphs (a) and (b) of subsection (4) there is substituted— |
|
| “(a) | the Association of Police Authorities; |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 4 | In section 42A of that Act (procedure in relation to removal of senior |
|
| officers), for paragraphs (a) and (b) of subsection (2) there is |
|
| |
| “(a) | the Association of Police Authorities; |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 5 | In section 53 of that Act (regulations as to standard of equipment), for |
|
| paragraphs (a) and (b) of subsection (2) there is substituted— |
|
| “(a) | the Association of Police Authorities; |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 6 (1) | Section 53A of that Act (regulation of procedures and practices) is |
|
| |
| (2) | For paragraphs (a) and (b) of subsection (3) there is substituted— |
|
| “(a) | the Association of Police Authorities; and |
|
| (b) | the Association of Chief Police Officers.” |
|
| (3) | For paragraphs (a) and (b) of subsection (5) there is substituted— |
|
| “(a) | the Association of Police Authorities; and |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 7 | In section 57 of that Act (common services), for paragraphs (a) and (b) of |
|
| subsection (4) there is substituted— |
|
| “(a) | the Association of Police Authorities; |
|
| (b) | the Association of Chief Police Officers; and”. |
|
| 8 | In section 101 of that Act (interpretation), at the beginning of the list of |
|
| definitions in subsection (1) there is inserted— |
|
| ““the Association of Chief Police Officers” means the Association of |
|
| Chief Police Officers of England, Wales and Northern Ireland;”. |
|
| Criminal Procedure and Investigations Act 1996 (c. 25) |
|
| 9 | In section 21A of the Criminal Procedure and Investigations Act 1996 |
|
| (code of practice for police interviews of certain witnesses), in subsection |
|
| |
| (a) | before paragraph (a) there is inserted— |
|
| “(za) | the Association of Chief Police Officers of |
|
| England, Wales and Northern Ireland;”; |
|
| (b) | sub-paragraph (i) of paragraph (a) is omitted. |
|
|