Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 1 — Police areas outside London
1

A
Bill
To
make provision about the administration and governance of police forces;
about the licensing of, and for the imposition of a late night levy in relation to,
the sale and supply of alcohol; for the repeal of sections 132 to 138 of the
Serious Organised Crime and Police Act 2005 and for the prohibition of certain
activities in Parliament Square; to enable provision in local authority byelaws
to include powers of seizure and forfeiture; about the control of dangerous or
otherwise harmful drugs; to restrict the issue of arrest warrants for certain
extra-territorial offences; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Police reform
Chapter 1
Police areas outside London
Police and crime commissioners and chief constables
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1
Police and crime commissioners
(1)
There is to be a police and crime commissioner for each police area listed in
Schedule 1 to the Police Act 1996 (police areas outside London).
(2)
A police and crime commissioner is a corporation sole.
(3)
The name of the police and crime commissioner for a police area is “the Police
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and Crime Commissioner for” with the addition of the name of the police area.
(4)
The police and crime commissioner for a police area is to be elected, and hold
office, in accordance with Chapter 6.

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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 1 — Police areas outside London
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(5)
A police and crime commissioner has—
(a)
the functions conferred by this section,
(b)
the functions relating to community safety and crime prevention
conferred by Chapter 3, and
(c)
the other functions conferred by this Act and other enactments.
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(6)
The police and crime commissioner for a police area must—
(a)
secure the maintenance of the police force for that area, and
(b)
secure that the police force is efficient and effective.
(7)
The police and crime commissioner for a police area must hold the relevant
chief constable to account for the exercise of—
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(a)
the functions of the chief constable, and
(b)
the functions of persons under the direction and control of the chief
constable.
(8)
The police and crime commissioner must, in particular, hold the chief
constable to account for—
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(a)
the exercise of the duty under section 8(2) (duty to have regard to police
and crime plan);
(b)
the exercise of the duty under section 37A(2) of the Police Act 1996
(duty to have regard to strategic policing requirement);
(c)
the exercise of the duty under section 39A(7) of the Police Act 1996
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(duty to have regard to codes of practice issued by Secretary of State);
(d)
the effectiveness and efficiency of the chief constable’s arrangements
for co-operating with other persons in the exercise of the chief
constable’s functions (whether under section 22A of the Police Act 1996
or otherwise);
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(e)
the effectiveness and efficiency of the chief constable’s arrangements
under section 34 (engagement with local people);
(f)
the extent to which the chief constable has complied with section 35
(value for money);
(g)
the exercise of duties relating to equality and diversity that are imposed
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on the chief constable by any enactment.
(9)
The police authorities established for police areas under section 3 of the Police
Act 1996 are abolished.
(10)
Schedule 1 (police and crime commissioners) has effect.
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Chief constables
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(1)
Each police force is to have a chief constable.
(2)
The chief constable of a police force is to be appointed, and hold office, in
accordance with—
(a)
section 38, and
(b)
the terms and conditions of the appointment.
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(3)
A police force, and the civilian staff of a police force, are under the direction
and control of the chief constable of the force.
(4)
A chief constable has the other functions conferred by this Act and by other
enactments.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 2 — Metropolitan police district
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(5)
A chief constable must exercise the power of direction and control conferred by
subsection (3) in such a way as is reasonable to assist the relevant police and
crime commissioner to exercise the commissioner’s functions.
(6)
Subsection (3) is subject to any provision included in a collaboration agreement
(see section 22A of the Police Act 1996).
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(7)
Schedule 2 (chief constables) has effect.
(8)
In this section “police force” means the police force for a police area listed in
Schedule 1 to the Police Act 1996 (see section 2 of that Act).
Chapter 2
Metropolitan police district
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Mayor’s Office for Policing and Crime
(1)
There is to be a body with the name “The Mayor’s Office for Policing and
Crime” for the metropolitan police district.
(2)
The Mayor’s Office for Policing and Crime is a corporation sole.
(3)
The person who is Mayor of London for the time being is to be the occupant for
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the time being of the Mayor’s Office for Policing and Crime.
(4)
Accordingly, where a person is the occupant of the Mayor’s Office for Policing
and Crime by virtue of a particular term of office as Mayor of London (the
“relevant mayoral term”), the person’s term as the occupant of the Mayor’s
Office for Policing and Crime—
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(a)
begins at the same time as the relevant mayoral term, and
(b)
ends at the same time as the relevant mayoral term.
(5)
The Mayor’s Office for Policing and Crime has—
(a)
the functions conferred by this section,
(b)
the functions relating to community safety and crime prevention
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conferred by Chapter 3, and
(c)
the other functions conferred by this Act and other enactments.
(6)
The Mayor’s Office for Policing and Crime must—
(a)
secure the maintenance of the metropolitan police force, and
(b)
secure that the metropolitan police force is efficient and effective.
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(7)
The Mayor’s Office for Policing and Crime must hold the Commissioner of
Police for the Metropolis to account for the exercise of—
(a)
the functions of the Commissioner, and
(b)
the functions of persons under the direction and control of the
Commissioner.
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(8)
The Mayor’s Office for Policing and Crime must, in particular, hold the
Commissioner to account for—
(a)
the exercise of the duty imposed by section 8(4) (duty to have regard to
police and crime plan);
(b)
the exercise of the duty under section 37A(2) of the Police Act 1996
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(duty to have regard to the strategic policing requirement);

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 2 — Metropolitan police district
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(c)
the exercise of the duty imposed by section 39A(7) of the Police Act
1996 (duty to have regard to codes of practice issued by Secretary of
State);
(d)
the effectiveness and efficiency of the Commissioner’s arrangements
for co-operating with other persons in the exercise of the
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Commissioner’s functions (whether under section 22A of the Police Act
1996 or otherwise);
(e)
the effectiveness and efficiency of the Commissioner’s arrangements
under section 34 (engagement with local people);
(f)
the extent to which the Commissioner has complied with section 35
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(value for money);
(g)
the exercise of duties relating to equality and diversity imposed on the
Commissioner by any enactment.
(9)
In section 424 of the Greater London Authority Act 1999 (interpretation), in
subsection (1), in the definition of “functional body”, for paragraph (c)
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substitute—
“(c)
the Mayor’s Office for Policing and Crime; or”.
(10)
In this section, references to the Mayor of London include references to a
person who is, by virtue of Schedule 4 to the Greater London Authority Act
1999 (exercise of functions of Mayor during vacancy or incapacity), treated as
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if the person were the Mayor of London.
(11)
Where such a person is the occupant for the time being of the Mayor’s Office
for Policing and Crime, references in this section to the relevant mayoral term
are references to the period for which the person is treated as if the person were
the Mayor of London.
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(12)
The Metropolitan Police Authority is abolished.
(13)
Schedule 3 (Mayor’s Office for Policing and Crime) has effect.
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Commissioner of Police of the Metropolis
(1)
There is to be a corporation sole with the name “the Commissioner of Police of
the Metropolis”.
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(2)
The Commissioner of Police of the Metropolis is to be appointed, and hold
office, in accordance with—
(a)
sections 42 and 48, and
(b)
the terms and conditions of the appointment.
(3)
The metropolitan police force, and the civilian staff of the metropolitan police
35
force, are under the direction and control of the Commissioner of Police of the
Metropolis.
(4)
The Commissioner of Police of the Metropolis has the other functions
conferred by this Act and by other enactments.
(5)
The Commissioner of Police of the Metropolis must exercise the power of
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direction and control conferred by subsection (3) in such a way as is reasonable
to assist the Mayor’s Office for Policing and Crime to exercise that Office’s
functions.
(6)
Subsection (3) is subject to any provision included in a collaboration agreement
(see section 22A of the Police Act 1996).
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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(7)
Schedule 4 (Commissioner of Police of the Metropolis) has effect.
Chapter 3
Functions of elected local policing bodies etc
Community safety and crime prevention
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Police and crime commissioners to issue police and crime plans
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(1)
The police and crime commissioner for a police area must issue a police and
crime plan within the financial year in which each ordinary election is held.
(2)
A police and crime commissioner must comply with the duty under subsection
(1) as soon as practicable after the commissioner takes office.
(3)
A police and crime commissioner may, at any time, issue a police and crime
10
plan.
(4)
A police and crime commissioner may vary a police and crime plan.
(5)
In issuing or varying a police and crime plan, a police and crime commissioner
must have regard to the strategic policing requirement issued by the Secretary
of State under section 37A of the Police Act 1996.
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(6)
Before issuing or varying a police and crime plan, a police and crime
commissioner must—
(a)
prepare a draft of the plan or variation,
(b)
consult the relevant chief constable in preparing the draft plan or
variation,
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(c)
send the draft plan or variation to the relevant police and crime panel,
(d)
have regard to any report or recommendations made by the panel in
relation to the draft plan or variation (see section 28(2)),
(e)
give the panel a response to any such report or recommendations, and
(f)
publish any such response.
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(7)
In complying with subsection (6)(c), the police and crime commissioner must
ensure that the relevant police and crime panel has a reasonable amount of
time to exercise its functions under section 28(2).
(8)
A police and crime commissioner may not issue, or vary, a police and crime
plan unless the relevant chief constable agrees to the plan, or the variation.
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(9)
A police and crime commissioner must—
(a)
keep the police and crime plan under review, and
(b)
in particular, review the police and crime plan in the light of—
(i)
any report or recommendations made to the commissioner by
the relevant police and crime panel under section 28(3), and
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(ii)
any changes in the strategic policing requirement issued by the
Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.
(10)
A police and crime commissioner who issues or varies a police and crime plan
must—
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
6

(a)
send a copy of the issued plan, or the variation, to the relevant chief
constable, and
(b)
publish a copy of the issued plan, or the variation.
(11)
The duty under subsection (10) to send or publish a copy of the variation may
instead be satisfied by sending or publishing a copy of the plan as varied.
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(12)
It is for the commissioner to determine the manner in which—
(a)
a response to a report or recommendations is to be published in
accordance with subsection (6)(f), and
(b)
a copy of the plan is to be published in accordance with subsection
(10)(b).
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(13)
In this section—
“financial year” means the financial year of the police and crime
commissioner;
“ordinary election”, in relation to the police and crime commissioner for a
police area, means an election held under section 50 in relation to that
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area.
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Mayor’s Office for Policing and Crime to issue police and crime plans
(1)
The Mayor’s Office for Policing and Crime must issue a police and crime plan
within the financial year in which each ordinary election is held.
(2)
The Mayor’s Office for Policing and Crime must comply with the duty under
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subsection (1) as soon as practicable after the person elected in the ordinary
election takes office.
(3)
The Mayor’s Office for Policing and Crime may, at any time, issue a police and
crime plan.
(4)
The Mayor’s Office for Policing and Crime may vary a police and crime plan.
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(5)
In issuing or varying a police and crime plan, the Mayor’s Office for Policing
and Crime must have regard to the strategic policing requirement issued by the
Secretary of State under section 37A of the Police Act 1996.
(6)
Before issuing or varying a police and crime plan, the Mayor’s Office for
Policing and Crime must—
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(a)
prepare a draft of the plan or variation,
(b)
consult the Commissioner of Police of the Metropolis in preparing the
draft plan or variation,
(c)
send the draft plan or variation to the police and crime panel of the
London Assembly (see section 32), and
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(d)
have regard to any report or recommendations made by the panel in
relation to the draft plan or variation (see section 33(1)).
(7)
In complying with subsection (6)(c), the Mayor’s Office for Policing and Crime
must ensure that the police and crime panel has a reasonable amount of time
to exercise its functions under section 33(1).
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(8)
The Mayor’s Office for Policing and Crime may not issue, or vary, a police and
crime plan unless the Commissioner of Police of the Metropolis agrees to the
plan, or the variation.
(9)
The Mayor’s Office for Policing and Crime must—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
7

(a)
keep the police and crime plan under review, and
(b)
in particular, review the police and crime plan in the light of any
changes in the strategic policing requirement issued by the Secretary of
State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.
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(10)
The provisions of the 1999 Act set out in subsection (11) apply to the Mayor’s
Office for Policing and Crime and police and crime plans as the provisions
apply to the Mayor of London and the relevant mayoral strategies.
(11)
Those provisions of the 1999 Act are—
(a)
section 33(1)(b) and (c) (equality of opportunity);
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(b)
section 41(4)(b) and (c), (5), (6)(a) and (b), and (7) to (8A) (general duties
in preparing and revising strategies);
(c)
section 42(1) and (6) (consultation);
(d)
section 42A (apart from subsection (2)) (consultation: supplementary
provision);
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(e)
section 43 (publicity and availability of strategies);
(f)
section 44 (directions by the Secretary of State).
(12)
Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as
if the police and crime plan were a strategy listed in section 41(1) of the 1999
Act.
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(13)
The Mayor of London and the Mayor’s Office for Policing and Crime must co-
operate with each other in exercising their respective functions under section
41(5)(b) of the 1999 Act.
(14)
In this section—
“1999 Act” means the Greater London Authority Act 1999;
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“financial year” means the financial year of the Mayor’s Office for Policing
and Crime;
“ordinary election” means an election of the Mayor of London held under
section 3 of the 1999 Act;
“relevant mayoral strategy”, in relation to a provision set out in subsection
30
(11), means a strategy to which the provision applies.
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Police and crime plans
(1)
A police and crime plan is a plan which sets out, in relation to the planning
period, the following matters—
(a)
the elected local policing body’s police and crime objectives;
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(b)
the policing of the police area which the chief officer of police is to
provide;
(c)
the financial and other resources which the elected local policing body
is to provide to the chief officer of police for the chief officer to exercise
the functions of chief officer;
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(d)
the means by which the chief officer of police will report to the elected
local policing body on the chief officer’s provision of policing;
(e)
the means by which the chief officer of police’s performance in
providing policing will be measured;
(f)
the crime and disorder reduction grants which the elected local
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policing body is to make, and the conditions (if any) to which such
grants are to be made.