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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

 

20      

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—

10

“(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

25

see section 32 of the Police Reform and Social Responsibility Act

2011).”.

Financial matters

21      

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

 

22      

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—

10

“(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”.

23      

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

25

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

30

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”.

24      

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”.

25      

Other grants etc under Police Act 1996

20

(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)

30

(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)

35

(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”.

5

(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

10

commissioner”;

(b)   

for “it” substitute “the commissioner”.

(9)   

In subsection (2)

(a)   

for “police authority established under section 3” substitute “police and crime

commissioner”;

15

(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”.

26      

Precepts

(1)   

The Local Government Finance Act 1992 is amended in accordance with

25

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.

27      

Other grants etc

(1)   

Section 155 of the Local Government and Housing Act 1989 (emergency financial

35

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

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(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

5

Accountability of elected local policing bodies

Scrutiny of police and crime commissioners

28      

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.

10

(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

15

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

40

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).

29      

Power to require attendance and information

(1)   

A police and crime panel may require the relevant police and crime

15

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

25

any requirement imposed on them under subsection (1).

30      

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

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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.

40

(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

31      

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

10

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

32      

London Assembly police and crime panel

20

(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;

25

(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

30

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.

 
 

 
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