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 3 — Functions of elected local policing bodies etc
12

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Arrangements for obtaining the views of the community on policing
(1)
Section 96 of the Police Act 1996 (arrangements for obtaining the views of the
community on policing) is amended in accordance with this section.
(2)
In subsection (1), after paragraph (b) insert “;

and for obtaining the views of victims of crime in that area about
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matters concerning the policing of the area.”.
(3)
After subsection (1) insert—
“(1A)
Those arrangements must include, in the case of—
(a)
a police area listed in Schedule 1, or
(b)
the metropolitan police district,
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arrangements for obtaining, before a police and crime plan is issued
under section 5 or 6 of the Police Reform and Social Responsibility Act
2011, the views of the people in that police area, and the views of the
victims of crime in that area, on that plan.
(1B)
Those arrangements must include, in the case of a police area listed in
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Schedule 1, arrangements for obtaining, before the first precept for a
financial year is issued by the police and crime commissioner under
section 40 of the Local Government Finance Act 1992, the views of—
(a)
the people in that police area, and
(b)
the relevant ratepayers’ representatives,
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on the proposals of the police and crime commissioner for expenditure
(including capital expenditure) in that financial year.
(1C)
Those arrangements must include, in the case of the metropolitan
police district, arrangements for obtaining, before the first calculations
in relation to the Mayor’s Office for Policing and Crime are made for a
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financial year under section 85 of the Greater London Authority Act
1999, the views of—
(a)
the people in the metropolitan police district, and
(b)
the relevant ratepayers’ representatives,

on the proposals of the Mayor’s Office for Policing and Crime for
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expenditure (including capital expenditure) in that financial year.”.
(4)
For subsection (2) substitute—
“(2)
Arrangements under this section are to be made by the local policing
body for the police area, after consulting the chief officer of police for
that area.”.
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(5)
Before subsection (6) insert—
“(5A)
In subsections (1B) and (1C) “relevant ratepayers’ representatives”, in
relation to a police area listed in Schedule 1, or the metropolitan police
district, means the persons or bodies who appear to the elected local
policing body for that area or district to be representative of persons
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subject to non-domestic rates under sections 43 and 45 of the Local
Government Finance Act 1988 as regards hereditaments situated in that
area or district.
(5B)
In determining which persons or bodies are relevant ratepayers’
representatives, an elected local policing body must have regard to any
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guidance given by the Secretary of State.”

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
13

(6)
Omit subsections (6) to (10).
Other provisions about functions
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Supply of goods and services
(1)
Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and
services by local authorities) apply, with the modification set out in subsection
5
(2), to each elected local policing body as they apply to a local authority.
(2)
In those subsections, references to a public body (within the meaning of that
section) are to be read as references to any person.
(3)
An elected local policing body may not enter into an agreement with another
elected local policing body, or with the Common Council in its capacity as a
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police authority, under section 1 of the 1970 Act in respect of a matter which
could be the subject of force collaboration provision in a collaboration
agreement under section 22A of the Police Act 1996.
(4)
In this section “1970 Act” means the Local Authorities (Goods and Services)
Act 1970.
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Appointment of persons not employed by elected local policing bodies
(1)
This section applies where an elected local policing body is required or
authorised by any Act—
(a)
to appoint a person to a specified post in the body, or
(b)
to designate a person as having specified duties or responsibilities.
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(2)
The elected local policing body may appoint or designate a person whether or
not the person is already a member of staff of the body.
(3)
Subsection (2) has effect in spite of any provision to the contrary in the Act that
is mentioned in subsection (1).
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Duties when carrying out functions
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(1)
In carrying out functions, an elected local policing body must have regard to
the views of people in the body’s area about policing in that area.
(2)
In carrying out functions in a particular financial year, an elected local policing
body must have regard to any report or recommendations made by the
relevant police and crime panel on the annual report for the previous financial
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year (see section 28(3)).
(3)
Subsection (2) does not affect any exercise of the functions of the elected local
policing body in any part of a particular financial year that falls—
(a)
before the body has received a report or recommendations on the
annual report for the previous financial year, or
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(b)
during the period after receipt of a report or recommendations when
the body is considering the report or recommendations.
(4)
This section is in addition to the duty under section 8 to have regard to the
police and crime plan.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
14

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Delegation of functions by police and crime commissioners
(1)
A police and crime commissioner may arrange for any person to exercise any
function of the commissioner.
(2)
But a police and crime commissioner may not arrange—
(a)
for a person listed in subsection (3) to exercise any function; or
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(b)
for any person to exercise a function listed in subsection (4).
(3)
The persons referred to in subsection (2)(a) are—
(a)
a constable (whether or not in England and Wales);
(b)
a police and crime commissioner;
(c)
the Mayor’s Office for Policing and Crime;
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(d)
the Mayor of London;
(e)
the Common Council of the City of London;
(f)
any other person or body which maintains a police force.
(4)
The functions referred to in subsection (2)(b) are—
(a)
issuing a police and crime plan (see section 5);
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(b)
determining police and crime objectives (see section 7);
(c)
attendance at a meeting of a police and crime panel in compliance with
a requirement by the panel to do so (see section 29);
(d)
preparing an annual report to a policing and crime panel (see section
12);
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(e)
appointing the chief constable, suspending the chief constable, or
calling upon the chief constable to retire or resign (see section 38);
(f)
calculating a budget requirement (see section 43 of the Local
Government Finance Act 1992).
(5)
If a function of a police and crime commissioner is exercisable by any other
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person in accordance with this section, any property or rights vested in the
commissioner may be dealt with by the other person in exercising the function,
as if vested in that person.
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Delegation of functions by Mayor’s Office for Policing and Crime
(1)
The Mayor’s Office for Policing and Crime may—
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(a)
appoint a person as the Deputy Mayor for Policing and Crime, and
(b)
arrange for the Deputy Mayor for Policing and Crime to exercise any
function of the Mayor’s Office for Policing and Crime.
(2)
The Mayor’s Office for Policing and Crime may arrange for a person (who is
not the Deputy Mayor for Policing and Crime) to exercise any function of the
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Mayor’s Office for Policing and Crime.
(3)
But the Mayor’s Office for Policing and Crime may not—
(a)
appoint a person listed in subsection (6) as the Deputy Mayor for
Policing and Crime;
(b)
arrange for the Deputy Mayor for Policing and Crime to exercise a
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function listed in subsection (7);
(c)
arrange, under subsection (2), for a person listed in subsection (6) to
exercise any function; or
(d)
arrange, under subsection (2), for a person to exercise a function listed
in subsection (7).
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
15

(4)
The Deputy Mayor for Policing and Crime may arrange for any other person
to exercise any function of that Office which is, in accordance with subsection
(3)(d), exercisable by the Deputy Mayor for Policing and Crime.
(5)
But the Deputy Mayor for Policing and Crime may not arrange for a person
listed in subsection (6) to exercise any such function.
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(6)
The persons referred to in subsections (3)(a) and (c) and (5) are—
(a)
a constable (whether or not in England and Wales);
(b)
a police and crime commissioner;
(c)
the Mayor of London;
(d)
the Common Council of the City of London;
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(e)
any other person or body which maintains a police force.
(7)
The functions mentioned in subsection (3)(d) are—
(a)
issuing a police and crime plan (see section 6);
(b)
determining police and crime objectives (see section 7);
(c)
attendance at a meeting of the police and crime panel of the London
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Assembly in compliance with a requirement by the panel to do so (see
section 29);
(d)
preparing an annual report to the policing and crime panel of the
London Assembly (see section 12);
(e)
making recommendations in relation to the appointment of a
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Commissioner of Police of the Metropolis under section 42;
(f)
making representations in relation to the appointment of a Deputy
Commissioner of Police of the Metropolis under section 45;
(g)
being consulted in relation to the appointment or removal of an
Assistant Commissioner of Police of the Metropolis, a Deputy Assistant
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Commissioner of Police of the Metropolis, or a Commander (see
sections 45, 46, 47 and 49);
(h)
suspending the Commissioner, or Deputy Commissioner, of Police of
the Metropolis, or calling upon the Commissioner, or Deputy
Commissioner, to retire or resign (see section 48).
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(8)
If a function of the Mayor’s Office for Policing and Crime is exercisable by a
person in accordance with subsection (1), (2) or (4), any property or rights
vested in the Office may be dealt with by the other person in exercising the
function, as if vested in that person.
(9)
Subsection (2) applies whether or not there is a Deputy Mayor for Policing and
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Crime.
(10)
The Deputy Mayor for Policing and Crime is a member of the staff of the
Mayor’s Office for Policing and Crime.
(11)
But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly
member).
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(12)
The appointment of the Deputy Mayor for Policing and Crime is subject to
Schedule 4A to the Greater London Authority Act 1999.
(13)
For further provision about the appointment of the Deputy Mayor for Policing
and Crime, see paragraph 4 of Schedule 3.