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
Schedule 11 — Crime and disorder strategies
135

(a)
if the combined area includes (wholly or partly) the area of
one police area, the police and crime panel for that police area
must be a party to the combination agreement; or
(b)
if the combined area includes (wholly or partly) the area of
two or more police areas, the police and crime panels for all
5
of the police areas must be parties to the agreement.
(8)
A combination agreement—
(a)
must be in writing, and
(b)
may be varied by a further combination agreement.
(9)
A combination agreement may be terminated by agreement in
10
writing between the parties to it; and subsection (2), and (as the case
may be) (6)(a), applies to an agreement under this subsection.
(10)
In this section “combination agreement”, “combined area” and
“relevant local policing body” have the same meanings as in section
5.”.
15
4     (1)
Section 6 (formulation and implementation of strategies) is amended as
follows.
      (2)
In subsection (3) after paragraph (c) insert—
“(ca)
the conferring of functions on a police and crime
commissioner in relation to the formulation and
20
implementation of a strategy for any local government area
that lies in the police area of the commissioner;”.
      (3)
After subsection (4) insert—
“(4A)
Provision under subsection (3)(ca) may include provision—
(a)
for a police and crime commissioner to arrange for meetings
25
to be held for the purpose of assisting in the formulation and
implementation of any strategy (or strategies) that the
commissioner may specify that relate to any part of the police
area of the commissioner,
(b)
for the commissioner to chair the meetings, and
30
(c)
for such descriptions and numbers of persons to attend the
meetings as the commissioner may specify (including, in
particular, representatives of the responsible authorities in
relation to the strategies to be discussed at the meetings).”.
5     (1)
Section 7 (supplemental) is amended as follows.
35
      (2)
In subsection (1)—
(a)
for “Secretary of State” (in the first place) substitute “relevant local
policing body for that area”, and
(b)
for “the Secretary of State” (in the second place) substitute “that
body”.
40
      (3)
After subsection (1) insert—
“(1A)
The relevant local policing body in relation to a local government
area may require a report under subsection (1) only if—
(a)
the conditions in subsection (1B) are met, and
(b)
where applicable, the condition in subsection (1C) is also met.
45

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
136

(1B)
The conditions referred to in subsection (1A)(a) are that—
(a)
the body is not satisfied that the responsible authorities for
the area are carrying out their functions under section 6 in an
effective and efficient manner, and
(b)
the body considers it is reasonable and proportionate in all
5
the circumstances to require a report.
(1C)
The condition referred to in subsection (1A)(b) is that, in the case of
a local government area in Wales, the relevant local policing body
has obtained the consent of the relevant police and crime panel to the
issuing of the requirement.”.
10
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “relevant local policing body”, and
(b)
for “him” substitute “the body”.
      (5)
After subsection (3) insert—
“(4)
“Relevant local policing body”, in relation to a local government
15
area, means—
(a)
if the area (or any part of it) falls within the police area of a
police and crime commissioner, the commissioner,
(b)
if the area (or any part of it) falls within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and
20
(c)
if the area (or any part of it) is the City of London, the
Secretary of State.
(5)
“Relevant police and crime panel”, in relation to the relevant local
policing body for a police area in Wales, means the police and crime
panel for that police area.
25
(6)
If there is more than one relevant local policing body in relation to a
combined area that is to be treated as one local government area
under a combination agreement (see section 5(1A))—
(a)
a report submitted under subsection (1) is to be submitted to
each of the relevant local policing bodies for the combined
30
area, and
(b)
references in this section to any requirement or arrangement
made by the relevant local policing body are references to a
requirement or arrangement made by each of the relevant
local policing bodies for the combined area acting jointly.”.
35
Schedule 12
Section 90

Collaboration agreements
1
The Police Act 1996 is amended as follows.
2     (1)
Section 23 (police force collaboration agreements) is amended in accordance
with this paragraph.
40
      (2)
In the title, for “Police force collaboration agreements” substitute
“Collaboration agreements involving police forces”.
      (3)
Omit subsection (1).

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
137

      (4)
In subsection (2), for the words before paragraph (a) substitute—
“(2)
Force collaboration provision may, in particular, consist of
provision—”.
      (5)
Omit subsection (3).
      (6)
In subsection (4), for “An agreement” substitute “A collaboration
5
agreement”.
      (7)
In subsection (5), for “an agreement” substitute “a collaboration agreement”.
      (8)
Omit subsections (6), (7) and (8).
3     (1)
Section 23A (police authority collaboration agreements) is amended in
accordance with this section.
10
      (2)
For the title substitute “Collaboration agreements involving policing
bodies”.
      (3)
Omit subsection (1).
      (4)
In subsection (2)—
(a)
for the words before paragraph (a) substitute—
15
“(2)
Policing body collaboration provision, or policing body &
force collaboration provision, may, in particular, consist of
provision—”;
(b)
in paragraphs (a) and (b), for “authorities” substitute “policing
bodies”;
20
(c)
in paragraph (c)—
(i)
for “an authority” substitute “a policing body”;
(ii)
for “another authority” (in each place) substitute “another
policing body”.
      (5)
In subsection (3), for “In this section” substitute “In relation to policing body
25
collaboration provision, or policing body & force collaboration provision,”.
      (6)
Omit subsection (4).
      (7)
In subsection (5)—
(a)
for “A police authority may make an agreement” substitute “A
policing body may make a collaboration agreement”;
30
(b)
for “police authorities” substitute “policing bodies”.
      (8)
For subsection (6), substitute—
“(6)
A policing body must consult the chief officer of police of the police
force which the body is responsible for maintaining before making a
collaboration agreement (unless that chief officer is a party to the
35
agreement).”.
      (9)
Omit subsection (7).
4     (1)
Section 23B (collaboration agreements: payments) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for “relevant police authorities” substitute “parties to the
40
agreement”.

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
138

      (3)
In subsection (2)—
(a)
after “may” insert “in the case of policing bodies or chief officers of
police who are parties to the agreement”;
(b)
in paragraph (a), for “authorities” (in each place) substitute “policing
bodies or chief officers of police”.
5
      (4)
In subsection (3), for “A relevant police authority” substitute “A policing
body or chief officer of police”.
      (5)
Omit subsections (4) and (5).
5     (1)
Section 23C (collaboration agreements: consultation and supplemental) is
amended in accordance with this paragraph.
10
      (2)
Omit subsection (1).
      (3)
After subsection (5) insert—
“(6)
If circumstances are such that one or more of the parties to a
collaboration agreement would not, at a particular time, have power
to enter into a collaboration agreement of that description (whether
15
because of a failure to meet the requirements of section 22A(1) or (5)
or otherwise) each person who does not have that power must cease
to be a party to the agreement.”.
6     (1)
Section 23D (collaboration agreements: accountability) is amended as
follows.
20
      (2)
In subsection (1)—
(a)
for “police force collaboration agreement” substitute “collaboration
agreement”;
(b)
for “police authority” substitute “policing body”.
      (3)
In subsection (2), for “approving an agreement as mentioned in section 23(6),
25
a police authority” substitute “making a collaboration agreement to which a
chief officer of police is to be a party, a policing body”.
      (4)
On subsection (3)—
(a)
for “police authority” (in each place) substitute “policing body”;
(b)
for “consider making” substitute “make”.
30
      (5)
In subsection (4), for “police authority” substitute “policing body”.
7
In section 23E (collaboration agreements: publication), in subsection (2), for
the words before “must” substitute “In a case where information is notified
to a chief officer of police under section 23D(2), that information”.
8
In section 23F (collaboration agreements: guidance), for “police authorities”
35
(in each place) substitute “policing bodies”.
9
In section 23G (collaboration agreements: directions), in subsections (1) and
(2), for “police authorities” substitute “policing bodies”.
10
After section 23H insert—
“23HA
  Decisions about efficiency or effectiveness
40
In reaching a conclusion about whether or not a collaboration
agreement is, or would be, in the interests of efficiency or

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
139

effectiveness of one or more police forces (the “police forces under
consideration”), a person must, in particular, consider—
(a)
the existing collaboration agreements, and other
arrangements for co-operation, to which the police forces
under consideration are parties;
5
(b)
the desirability of police forces taking a consistent approach
in making such agreements and other arrangements; and
(c)
the opportunities available to the police forces under
consideration to make such agreements and other
arrangements.”.
10
11    (1)
Section 23I (collaboration agreements: definitions) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for “23” substitute “22A”.
      (3)
In subsection (4), for the words before paragraph (a) insert—
“(4)
“Policing body” means—
15
(aa)
a local policing body,”.
      (4)
After subsection (4) insert—
“(5)
The following expressions have the meanings given in section 22A—
“collaboration agreement”;
“force collaboration provision”;
20
“policing body collaboration provision”;
“policing body & force collaboration provision”.
(6)
References to the police force which a policing body is responsible
for maintaining include—
(a)
in the case of the British Transport Police Authority, the
25
British Transport Police, and
(b)
in the case of the Civil Nuclear Police Authority, the Civil
Nuclear Constabulary.
(7)
References to a police force include—
(a)
references to the special constables appointed by a chief
30
officer of police, and
(b)
references to the civilian employees of the police force;

and references to the members of a police force are to be read
accordingly.
(8)
For that purpose “civilian employee” means—
35
(a)
in the case of a police force maintained under section 2 or 5A,
the members of the civilian staff of that force;
(b)
in the case of any other police force, the employees of the
policing body responsible for maintaining that force who are
under the direction and control of the chief officer of police of
40
that force.”.