06230.36-42

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

36

(b)
the Association of Police Authorities,

(c)
the Greater London Authority,

(d)
persons whom he considers to represent the interests

of London boroughs, and

(e)
such other persons as he thinks fit.

Supplementary

7    (1)
Regulations under this Schedule may make transitional,

consequential, incidental and supplemental provision or

savings.

      (2)
A statutory instrument containing regulations under this

Schedule shall be subject to annulment in pursuance of a

resolution of either House of Parliament.

Interpretation

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.

37


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

subsection.

(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

consult—

(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.

(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

that authority.

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

consult—

(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

police authorities.

38

(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.””
66
Page 79, leave out lines 33 to 36 and insert—

“(b)
the policing plan issued by the Metropolitan Police Authority

under section 6ZB.””
67
Page 79, leave out lines 41 to 44 and insert—

“(b)
the policing plan issued by the police authority for his area under

section 6ZB.””
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

follows.

      (2)
In subsections (1) and (2), for “clerk to” there is substituted “chief

executive of”.

      (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

1996 (c. 16);

(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—

39

“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

behaviour”.

      (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

arrangements;

(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

arrangements;

(ii)
to review the arrangements.

(8)
Before making regulations under this section the Secretary of

State must consult—

(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.””
After Schedule 2
73
Insert the following new Schedule—

“Power to merge police pension schemes

Introduction

1
In this Schedule—

“the 1976 Act” means the Police Pensions Act 1976;

40

“1976 Act scheme” means a pension scheme established by

regulations under section 1 of the 1976 Act (pensions for police in

Great Britain);

“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

scheme;

“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

Act.

Power to merge police pension schemes

2    (1)
Regulations may—

(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

revoked.

      (3)
The regulations may make changes to the effect of the provisions

revoked if the changes—

(a)
are made as a result of consolidating the provisions of the

different police pensions regulations into a single pension

scheme, and

(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

section 1 of that Act,

41

(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

5    (1)
The provisions of—

(a)
section 8A of the 1976 Act (information in connection with police

pensions etc),

(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

etc),


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.

Transitional provision

6
A reference, however expressed, in any document (including an

enactment) to—

(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

and Northern Ireland,”.

42

Police Act 1996 (c. 16)

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

substituted—

“(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

amended as follows.

      (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

(4)—

(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.