Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 2 — Greater London Authority Act 1999
154

      (3)
In subsection (3), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
(aa)
the Mayor’s Office for Policing and Crime;
(ab)
the Common Council;”.
5
      (4)
Omit subsection (5).
      (5)
In subsection (6), omit paragraph (a).
34    (1)
Section 57 (common services) is amended in accordance with this
paragraph.
      (2)
In subsection (4), for paragraph (a) substitute—
10
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners,
(aa)
the Mayor’s Office for Policing and Crime,
(ab)
the Common Council,”.
      (3)
Omit subsections (5) and (6).
15
35    (1)
Section 88 (liability of wrongful acts of constables) is amended in accordance
with this paragraph.
      (2)
In subsections (2)(b), (4) and (5)(a), for “police authority” substitute “local
policing body”.
      (3)
In subsection (5A), for “police authority” (in each place) substitute “local
20
policing body”.
      (4)
In subsection (6), for “police authority” (in each place) substitute “local
policing body”.
36    (1)
Section 98 (cross-border aid of one police force by another) is amended in
accordance with this paragraph.
25
      (2)
In subsection (6)—
(a)
for “police authority” (in each place) substitute “local policing body”;
(b)
for “police authorities” substitute “local policing bodies”.
      (3)
Before subsection (7) insert—
“(6B)
In this section “local policing body” includes—
30
(a)
a police authority in Scotland, and
(b)
the Northern Ireland Policing Board.”.
37
Omit Schedules 2 and 2A.
Part 2
Greater London Authority Act 1999
35
38
The Greater London Authority Act 1999 is amended in accordance with this
Part.
39
In section 45 (Mayor’s periodic report to Assembly), in subsection (7)(b), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.
40

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
155

40
In section 54 (discharge of functions by committees or single members), omit
subsection (6).
41
In section 61 (power to require attendance at Assembly meetings), in
subsection (12), omit paragraph (a).
42
In section 86 (provisions supplemental to section 85), in subsection (2), for
5
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.
43    (1)
Section 90 (the special item for the purposes of section 89) is amended as
follows.
      (2)
In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
10
Office for Policing and Crime”.
      (3)
In subsection (2)—
(a)
for “Metropolitan Police Authority” (in each place) substitute
“Mayor’s Office for Policing and Crime”;
(b)
in paragraph (b), for “that Authority” substitute “that Office”.
15
44
In section 389 (the Superannuation Act 1972), in subsection (1)(d), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.
45
In section 404 (discrimination), in subsection (1)(b), for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.
20
46
In section 411 (pensions), omit subsection (9).
47
In section 419 (taxation), in subsection (1)(b), for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.
48
In Schedule 4 (exercise of functions during vacancy or temporary incapacity
of Mayor), omit—
25
(a)
paragraph 9, and
(b)
paragraph 17.
Part 3
Other enactments
Local Government (Records) Act 1962
30
49
The Local Government (Records) Act 1962 is amended as follows.
50
In section 2 (acquisition and deposit of records), omit the words from “to a
police authority” to “Metropolitan Police Authority,”.
51
In section 8 (interpretation), omit the words from “a police authority” to
“Metropolitan Police Authority,”.
35
Local Government Act 1972
52
The Local Government Act 1972 is amended as follows.
53
In section 99 (meetings and proceedings of local authorities), omit the words
from “police authorities” to “Metropolitan Police Authority,”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
156

54    (1)
Section 100J (application to new authorities, Common Council, etc) is
amended in accordance with this paragraph.
      (2)
In subsection (1), omit paragraphs (e) and (eza).
      (3)
In subsection (3), omit “, (e), (eza)”.
      (4)
In subsection (4)(a)—
5
(a)
after “economic prosperity board,” insert “or”;
(b)
omit the words from “or a police authority” to “Metropolitan Police
Authority”.
55    (1)
Section 107 (application of foregoing provisions to police authorities) is
amended as follows.
10
      (2)
In the title, for “police authorities” substitute “the Common Council”.
      (3)
For subsection (1) substitute—
“(1)
In their application to the Common Council as police authority,
sections 101 to 106 shall have effect subject to the following
provisions of this section (and in those provisions references to the
15
Common Council are references to the Council as police authority).”.
      (4)
In subsection (2)—
(a)
for “A police authority” substitute “The Common Council”;
(b)
for “another police authority” substitute “another local policing
body”;
20
(c)
for “a police authority” substitute “the Common Council”.
      (5)
In subsection (3)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for the words from “by” to the end substitute “by the Common
Council”.
25
      (6)
In subsection (3A)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “the authority” substitute “the Common Council”;
(c)
for “the authority’s” substitute “the Common Council’s”.
      (7)
In subsection (3B)—
30
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “an authority” substitute “the Common Council”;
(c)
for “that authority” substitute “the Common Council”.
      (8)
In subsection (4)—
(a)
for “a police authority” substitute “the Common Council”;
35
(b)
for “the authority” substitute “the Common Council”.
      (9)
In subsection (4A)(c), for “a police authority” substitute “the Common
Council”.
     (10)
In subsection (5), for “a police authority” substitute “the Common Council”.
     (11)
Omit subsection (7).
40
     (12)
In subsection (8)
(a)
for “a police authority” substitute “the Common Council”;

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
157

(b)
for “any such authority or authorities” substitute “the Common
Council”;
(c)
for the words from “by” to the end, substitute “by the Common
Council”.
56    (1)
Schedule 12 (meetings and proceedings of local authorities) is amended in
5
accordance with this paragraph.
      (2)
In paragraph 6, omit the words from “or a police authority” to “Metropolitan
Police Authority”.
      (3)
In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes
it.)
10
      (4)
In paragraph 46, omit the words from “and a police authority” to
“Metropolitan Police Authority”.
Health and Safety at Work etc Act 1974
57    (1)
In the Health and Safety at Work etc Act 1974, section 51A (application of
Part to police) is amended as follows.
15
      (2)
In subsection (2)—
(a)
in paragraph (a), for “means the chief officer of police” substitute
“means—
(i)
the chief officer of police of that force, or
(ii)
in the case of a member of the force or a special
20
constable who is, by virtue of a collaboration
agreement under section 22A of the Police Act
1996, under the direction and control of a chief
officer (within the meaning given by section
23I of that Act), that chief officer,”;
25
(b)
in paragraph (c), for “means the person who has the direction and
control of the body of constables or cadets in question” substitute
“means—
(i)
the person who has the direction and control
of the body of constables or cadets in question,
30
or
(ii)
in the case of a constable who is, by virtue of a
collaboration agreement under section 22A of
the Police Act 1996, under the direction and
control of a chief officer (within the meaning
35
given by section 23I of that Act), that chief
officer.”.
      (3)
In subsection (2A), after “shall” insert “, if not a corporation sole,”.
Local Government Act 1974
58
In section 25 of the Local Government Act 1974 (authorities subject to
40
investigation), in subsection (1), for paragraphs (ca) and (caa) substitute—
“(ca)
any police and crime commissioner;
(caa)
the Mayor’s Office for Policing and Crime;”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
158

Local Government (Miscellaneous Provisions) Act 1976
59
The Local Government (Miscellaneous Provisions) Act 1976 is amended as
follows.
60
In section 30 (power to forego repayments of advances of remuneration paid
to deceased employees), after subsection (3) insert—
5
“(4)
In subsection (3) the reference to a police authority does not include
a police and crime commissioner or the Mayor’s Office for Policing
and Crime.”.
61
In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a)
of the definition of “local authority”, omit the words from “a police
10
authority” to “Metropolitan Police Authority”.
Police Pensions Act 1976
62
The Police Pensions Act 1976 is amended as follows.
63
In section 1 (police pensions regulations), in subsection (2A), for “police
authorities” substitute “police pension authorities”.
15
64
In section 6 (appeals), for “police authority” (in each place) substitute “police
pension authority”.
65
In section 8A (information in connection with police pensions etc), for
“police authority” (in each place) substitute “police pension authority”.
66    (1)
Section 11 (interpretation) is amended in accordance with this paragraph.
20
      (2)
In subsection (2), the second paragraph (g) becomes paragraph (h).
      (3)
In subsection (2), for the words before paragraph (a), substitute—
“(2)
In this Act—
“police pension authority” means—
(a)
the chief constable of any police force maintained
25
under section 2 of the Police Act 1996;
(b)
the Commissioner of Police of the Metropolis;
(c)
the Common Council of the City of London in its
capacity as a police authority; and
(d)
any police authority within the meaning of the Police
30
(Scotland) Act 1967;
“pension supervising authority” means—
(a)
any local policing body within the meaning of the
Police Act 1996; and
(b)
any police authority within the meaning of the Police
35
(Scotland) Act 1967.
(2A)
But—”

(and, accordingly, paragraphs (a) to (h) of subsection (2) become those
paragraphs of subsection (2A)).
      (4)
In subsection (2A), in paragraphs (a) to (h), for “it” (in each place) substitute
40
““police pension authority” or “pension supervising authority””.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
159

67
In Schedule 1 (pensions under repealed enactments), in paragraph 2
(forfeiture of pensions), for “police authority” (in each place) substitute
“pension supervising authority”.
Race Relations Act 1976
68
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons
5
subject to general statutory duty), in Part 1, omit paragraphs 55 and 57.
Local Government, Planning and Land Act 1980
69
The Local Government, Planning and Land Act 1980 is amended as follows.
70
In section 99 (directions to dispose of land — supplementary), in subsection
(4) omit paragraphs (dc) and (dcc).
10
71
In Schedule 16 (bodies to whom Part 10 applies), omit paragraphs 5C and
5CC.
Aviation Security Act 1982
72
The Aviation Security Act 1982 is amended as follows.
73
In section 24AG (security executive groups), in subsection (2)(c), at the
15
beginning insert “in the case of an aerodrome in Scotland or Northern
Ireland,”.
74
In section 24AT (interpretation), in subsection (6)(c), at the beginning insert
“in the case of an aerodrome in Scotland or Northern Ireland,”.
75    (1)
Section 25B (police services agreements) is amended as follows.
20
      (2)
In subsection (4)(b), at the beginning insert “in the case of an aerodrome in
Scotland or Northern Ireland,”.
      (3)
After subsection (4) insert—
“(4A)
Before entering into a police services agreement relating to an
aerodrome in England or Wales, or a variation of such an agreement,
25
the chief officer of police for the relevant police area must consult the
local policing body for that area.”.
76
In section 25E (discharge of functions of relevant persons in relation to police
services agreements), in subsection (2)(c), at the beginning insert “in the case
of an aerodrome in Scotland or Northern Ireland,”.
30
77
In section 26 (exercise of police functions at relevant aerodromes), for “police
authority” (in each place) substitute “local policing body or police
authority”.
78
In section 29 (control of road traffic at relevant aerodromes), for “police
authority” substitute “chief officer of police (in the case of an aerodrome in
35
England or Wales) or the police authority (in any other case)”.
79
In section 29D (dispute resolution: powers), for “police authority” (in each
place) substitute “local policing body or police authority”.
80    (1)
Section 31 (interpretation of Part 3 etc) is amended in accordance with this
paragraph.
40

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
160

      (2)
In subsection (1), in the definition of “relevant persons”, at the end insert “,
as read with subsection (1ZA) below”.
      (3)
After subsection (1) insert—
“(1ZA)
In relation to a dispute about payments to be made which is within
section 29A(2)(d) and concerns an aerodrome in England or Wales,
5
“relevant persons” includes the local policing body for relevant
police area.”.
Local Government Act 1986
81
The Local Government Act 1986 is amended as follows.
82
In section 6 (interpretation and application of Part 2), in subsection (2)(a), for
10
the words from “a police authority” to “Metropolitan Police Authority”
substitute—
“a police and crime commissioner,
the Mayor’s Office for Policing and Crime”.
83
In section 9 (interpretation and application of Part 3), in subsection (1)(a), for
15
the words from “a police authority” to “Metropolitan Police Authority”
substitute—
“a police and crime commissioner,
the Mayor’s Office for Policing and Crime”.
Local Government Act 1988
20
84
In the Local Government Act 1988, in Schedule 2 (public supply or works
contracts: the public authorities), omit the words from “A police authority”
to “Metropolitan Police Authority”.
Local Government Finance Act 1988
85
The Local Government Finance Act 1988 is amended as follows.
25
86
In section 74 (levies), in subsection (4)(bb), for “Metropolitan Police
Authority” substitute “Mayor’s Office for Policing and Crime”.
87
In section 111 (interpretation)—
(a)
in subsection (2), for paragraph (e) substitute—
“(e)
a police and crime commissioner,
30
(ea)
a chief officer of police (which, for this purpose,
means a chief constable of a police force maintained
under section 2 of the Police Act 1996 or the
Commissioner of Police of the Metropolis),”;
(b)
in subsection (3), at the end insert “and the 2011 Act is the Police
35
Reform and Social Responsibility Act 2011”.
88
In section 112 (financial administration as to certain authorities), omit
subsection (2)(a).
89    (1)
Section 114 (functions of responsible officer as respects reports) is amended
in accordance with this paragraph.
40
      (2)
In subsection (1), after “1999 Act” insert “, or Schedule 1, 2 or 4 to the 2011
Act”.