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
16

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Deputy Mayor for Policing and Crime: confirmation hearings
(1)
The Greater London Authority Act 1999 is amended in accordance with this
section.
(2)
In section 60A (confirmation hearings etc for certain appointments by the
Mayor)—
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(a)
in the title, at the end insert “or Mayor’s Office for Policing and
Crime”;
(b)
in subsection (3), omit the entry relating to the chairman and vice
chairman of the Metropolitan Police Authority;
(c)
for subsection (4) substitute—
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“(4)
This section also applies in any case where the Mayor’s Office
for Policing and Crime proposes to make an appointment,
under section 19 of the Police Reform and Social Responsibility
Act 2011, of a person to be the Deputy Mayor for Policing and
Crime.”.
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(3)
In Schedule 4A (confirmation hearings etc), in paragraph 1 (application of
Schedule), after sub-paragraph (2) insert—
    “(3)
This Schedule also has effect where the Mayor’s Office for Policing
and Crime proposes to make an appointment, under section 19 of the
Police Reform and Social Responsibility Act 2011, of a person to be
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the Deputy Mayor for Policing and Crime.
      (4)
In the application of this Schedule in relation to such an
appointment, references to the Mayor are to be read as references to
the Mayor’s Office for Policing and Crime.
      (5)
Paragraph 9 does not apply in relation to such an appointment (but
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see section 32 of the Police Reform and Social Responsibility Act
2011).”.
Financial matters
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Police fund
(1)
Each elected local policing body must keep a fund to be known as the police
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fund.
(2)
All of an elected local policing body’s receipts must be paid into the relevant
police fund.
(3)
All of an elected local policing body’s expenditure must be paid out of the
relevant police fund.
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(4)
An elected local policing body must keep accounts of payments made into or
out of the relevant police fund.
(5)
Subsections (2) and (3) are subject to any regulations under the Police Pensions
Act 1976.
(6)
In this section “relevant police fund”, in relation to an elected local policing
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body, means the police fund which that body keeps.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
17

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Minimum budget for police and crime commissioner
(1)
Section 41 of the Police Act 1996 (directions as to minimum budget) is amended
as follows.
(2)
In subsection (1)—
(a)
for “a police authority established under section 3” substitute “a police
5
and crime commissioner”;
(b)
for “the authority” substitute “the commissioner”;
(c)
for “its budget requirement” substitute “the commissioner’s budget
requirement”.
(3)
After subsection (1) insert—
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“(1A)
But the Secretary of State may not give a direction to the police and
crime commissioner for a police area by virtue of subsection (1) unless
the Secretary of State is satisfied that it is necessary to give the direction
in order to prevent the safety of people in that police area from being
put at risk.”.
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(4)
In subsection (4)—
(a)
for “a police authority” substitute “a police and crime commissioner”;
(b)
for “the authority” substitute “the commissioner”.
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Minimum budget for Mayor’s Office for Policing and Crime
(1)
The Greater London Authority Act 1999 is amended as follows.
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(2)
Section 95 (minimum budget for Metropolitan Police Authority) is amended in
accordance with subsections (3) to (7).
(3)
In the title, for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime”.
(4)
In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
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Office for Policing and Crime”;
(5)
In subsection (2), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.
(6)
After subsection (2) insert—
“(2A)
But the Secretary of State may not give a direction to the Authority by
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virtue of subsection (2) unless the Secretary of State is satisfied that it is
necessary to give the direction in order to prevent the safety of people
in the metropolitan police district from being put at risk.”.
(7)
In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each
place) substitute “Mayor’s Office for Policing and Crime”.
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(8)
In section 96 (provisions supplemental to section 95), in subsection (6), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.
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Police grant
(1)
Section 46 of the Police Act 1996 (police grant) is amended as follows.
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(2)
In subsection (1)—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
18

(a)
for paragraph (a) substitute—
“(a)
police and crime commissioners, and”;
(b)
in the words after paragraph (b), for “police authorities” substitute “police and
crime commissioners”.
(3)
In subsection (2)(b), for “authority” substitute “commissioner”.
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(4)
In subsection (4), for “police authorities” substitute “commissioners”.
(5)
In subsection (5), for “different authorities or different classes of authority” substitute
“different commissioners or different classes of commissioner”.
(6)
In subsection (7), for “police authority” substitute “police and crime commissioner”.
(7)
In subsection (7A)—
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(a)
for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing
and Crime”;
(b)
for “that Authority” substitute “that Office”.
(8)
In subsection (8)—
(a)
for “an authority’s” substitute “a commissioner’s”;
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(b)
for “the authority” substitute “the commissioner”;
(c)
for “an authority” substitute “a commissioner”.
(9)
In subsection (9), for “Metropolitan Police Authority” substitute “Mayor’s Office for
Policing and Crime”.
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Other grants etc under Police Act 1996
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(1)
The Police Act 1996 is amended as follows.
(2)
In section 47 (grants for capital expenditure)—
(a)
for subsection (1)(a) and (b) substitute—
“(a)
police and crime commissioners, and
(b)
the Mayor’s Office for Policing and Crime.”;
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(b)
in subsection (5)—
(i)
for “Metropolitan Police Authority” substitute “Mayor’s Office for
Policing and Crime;
(ii)
for “that Authority” substitute “that Office”.
(3)
In section 48 (grants for expenditure on safeguarding national security)—
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(a)
for subsection (1)(a) and (b) substitute—
“(a)
police and crime commissioners, and
(b)
the Mayor’s Office for Policing and Crime,

in connection with safeguarding national security.”;
(b)
in subsection (5)—
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(i)
for “Metropolitan Police Authority” substitute “Mayor’s Office for
Policing and Crime”;
(ii)
for “that Authority” substitute “that Office”.
(4)
In section 92 (grants by local authorities)—
(a)
in subsection (1), for “police authority established under section 3”
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substitute “police and crime commissioner”;
(b)
in subsection (2), for “Metropolitan Police Authority” substitute
“Mayor’s Office for Policing and Crime”.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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(5)
In section 93 (acceptance of gifts or loans)—
(a)
in subsection (1), for “police authority” substitute “local policing body”;
(b)
in subsection (2)—
(i)
for “police authority” substitute “local policing body”; and
(ii)
for “maintained by it” substitute “for which it is responsible”.
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(6)
Section 94 (financing of new police authorities) is amended as follows.
(7)
In the title, for “police authorities” substitute “police and crime
commissioners”.
(8)
In subsection (1)—
(a)
for “police authority established under section 3” substitute “police and crime
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commissioner”;
(b)
for “it” substitute “the commissioner”.
(9)
In subsection (2)—
(a)
for “police authority established under section 3” substitute “police and crime
commissioner”;
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(b)
for “it” substitute “the commissioner”;
(c)
for “its” (in both places) substitute “the commissioner’s”.
(10)
In subsection (3)—
(a)
for “an authority” substitute “a commissioner”;
(b)
for “its” substitute “the commissioner’s”.
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(11)
In subsection (4)—
(a)
for “a police authority” substitute “a police and crime commissioner”;
(b)
for “it” (in both places) substitute “the commissioner”.
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Precepts
(1)
The Local Government Finance Act 1992 is amended in accordance with
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subsections (2) and (3).
(2)
In section 39 (precepting and precepted authorities), in subsection (1) (major
precepting authorities), for paragraph (b) substitute—
“(b)
a police and crime commissioner;”.
(3)
In section 65 (duty to consult ratepayers), in subsection (3) (definition of
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relevant authority), after “major precepting authority” insert “, apart from a
police and crime commissioner”.
(4)
Schedule 5 (issuing precepts) has effect.
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Other grants etc
(1)
Section 155 of the Local Government and Housing Act 1989 (emergency financial
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assistance to local authorities) is amended in accordance with subsections (2) and (3).
(2)
In subsection (1A) (grants to GLA functional bodies), for paragraph (b) substitute—
“(b)
the Mayor’s Office for Policing and Crime, or”.
(3)
In subsection (4) (meaning of local authority), for paragraph (ea) substitute—
“(ea)
a police and crime commissioner;”.
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
20

(4)
In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of Part 3:
expenditure grant), in subsection (1) (meaning of local authority), for paragraph (m)
substitute—
“(m)
a police and crime commissioner.”.
Chapter 4
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Accountability of elected local policing bodies
Scrutiny of police and crime commissioners
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Police and crime panels of local authorities
(1)
The local authority, or local authorities, covered by a police area must establish
a police and crime panel for that police area.
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(2)
A police and crime panel must—
(a)
review the draft police and crime plan, or draft variations, given to the
panel by the relevant police and crime commissioner in accordance
with section 5(6)(c), and
(b)
make a report or recommendations on the draft plan or variations to the
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commissioner.
(3)
A police and crime panel must—
(a)
arrange for a public meeting of the panel to be held as soon as
practicable after the panel is sent an annual report under section 12,
(b)
ask the elected local policing body, at that meeting, such questions
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about the annual report as the members of the panel think appropriate,
(c)
review the annual report, and
(d)
make a report or recommendations on the annual report to the
commissioner.
(4)
A police and crime panel has the functions conferred by Schedules 5 (issuing
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precepts) and 8 (procedure for appointments by police and crime
commissioners).
(5)
A police and crime panel must—
(a)
review or scrutinise decisions made, or other action taken, by the
relevant police and crime commissioner in connection with the
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discharge of the commissioner’s functions; and
(b)
make reports or recommendations to the relevant police and crime
commissioner with respect to the discharge of the commissioner’s
functions,

insofar as the panel is not otherwise required to do so by subsections (2) or (3)
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or by Schedule 5 or 8.
(6)
A police and crime panel must—
(a)
publish any reports or recommendations made to the relevant police
and crime commissioner, and
(b)
send copies of any such reports or recommendations made under any
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of subsections (2) to (4) to the local authority or local authorities
covered by the relevant police area.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
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(7)
It is for the police and crime panel to determine the manner in which reports or
recommendations are to be published in accordance with subsection (6)(a).
(8)
Schedule 6 (police and crime panels) has effect.
(9)
A reference in this section to a local authority covered by a police area is a
reference to a local authority whose area falls wholly or partly within the police
5
area.
(10)
In this section—
“local authority” means—
(a)
in relation to England, a county council or a district council;
(b)
in relation to Wales, a county council or a county borough
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council;
“police area” means a police area listed in Schedule 1 to the Police Act 1996
(police areas outside London).
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Power to require attendance and information
(1)
A police and crime panel may require the relevant police and crime
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commissioner, and members of that commissioner’s staff, to attend before the
panel (at reasonable notice) to answer any question which appears to the panel
to be necessary in order for it to carry out its functions.
(2)
A police and crime panel may require the relevant police and crime
commissioner to respond in writing (within a reasonable period determined by
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the panel) to any report or recommendation made by the panel to the
commissioner.
(3)
The police and crime commissioner must comply with any requirement
imposed by the panel under subsection (1) or (2).
(4)
Members of the staff of the police and crime commissioner must comply with
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any requirement imposed on them under subsection (1).
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Suspension of police and crime commissioner
(1)
A police and crime panel may suspend the relevant police and crime
commissioner if it appears to the panel that—
(a)
the commissioner has been charged in the United Kingdom, the
30
Channel Islands or the Isle of Man with an offence, and
(b)
the offence is one which carries a maximum term of imprisonment
exceeding two years.
(2)
The suspension of the police and crime commissioner ceases to have effect
upon the occurrence of the earliest of these events—
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(a)
the charge being dropped;
(b)
the police and crime commissioner being acquitted of the offence;
(c)
the police and crime commissioner being convicted of the offence but
not being disqualified under section 67 by virtue of the conviction;
(d)
the termination of the suspension by the police and crime panel.
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(3)
For the purposes of salary, pensions and allowances in respect of times during
a period of suspension, the police and crime commissioner is to be treated as
not holding that office during that suspension.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
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(4)
In this section references to an offence which carries a maximum term of
imprisonment of two years or more are references—
(a)
to an offence which carries such a maximum term in the case of a
person who has attained the age of 18 years, or
(b)
to an offence for which, in the case of such a person, the sentence is
5
fixed by law as life imprisonment.
Conduct of police and crime commissioners
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Conduct of commissioners
(1)
The Secretary of State may, by regulations, make provision about—
(a)
the making and handling of complaints about the conduct of police and
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crime commissioners (“qualifying complaints”);
(b)
the recording of matters in the case of which there is an indication
(whether from the circumstances or otherwise) that a police and crime
commissioner may have committed a criminal offence or engaged in
other corrupt behaviour (“conduct matters”);
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(c)
the manner in which qualifying complaints and conduct matters are
investigated or otherwise dealt with.
(2)
Schedule 7 (regulations about complaints and conduct matters) has effect.
Scrutiny of Mayor’s Office for Policing and Crime
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London Assembly police and crime panel
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(1)
The London Assembly must arrange for the functions referred to in subsection
(2) to be discharged on its behalf by a particular committee of the Assembly
(the “police and crime panel”).
(2)
Those functions (“the police and crime panel functions”) are—
(a)
the functions conferred on the Assembly by section 33;
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(b)
the functions conferred on the Assembly by section 60A of, and
Schedule 4A to, the 1999 Act in relation to the appointment of the
Deputy Mayor for Policing and Crime by the Mayor’s Office for
Policing and Crime.
(3)
The London Assembly may not arrange for the police and crime panel
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functions to be discharged on its behalf otherwise than in accordance with
subsection (1).
(4)
The London Assembly may not arrange for any of its other functions to be
discharged by the police and crime panel.
(5)
The special scrutiny functions may only be exercised at a meeting of the whole
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panel; but that is without prejudice to rules of procedure about the quorum of
a meeting of the whole panel.
(6)
The enactments applying to committees of the Greater London Authority,
apart from the excluded provisions, apply to the police and crime panel as if
the police and crime panel functions were to be discharged by the panel by
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virtue of arrangements under section 54(1)(a) of the 1999 Act.