|
| |
|
(3) | In subsection (2), for “a police force maintained by the authority” insert “the |
| |
| |
(4) | In subsection (3A), after “relevant authority” insert “(except where the |
| |
relevant authority is a chief officer of police”). |
| |
(5) | For subsection (4)(b) substitute— |
| 5 |
| |
(i) | a police and crime commissioner, the commissioner |
| |
and each member of the police and crime panel for the |
| |
commissioner’s police area; |
| |
(ii) | the Mayor’s Office for Policing and Crime, that Office |
| 10 |
and each member of the police and crime panel of the |
| |
| |
(iii) | a chief officer of police, the chief officer and the |
| |
elected local policing body; and |
| |
(iv) | any other relevant authority, each person who is at |
| 15 |
that time a member of the authority; and”. |
| |
(6) | After subsection (8) insert— |
| |
“(8A) | In this section “relevant police force”, in relation to the chief finance |
| |
officer of a relevant authority, means— |
| |
(a) | in the case where the relevant authority is a chief officer of |
| 20 |
police, the police force of which that person is chief officer; |
| |
(b) | in any other case, the police force maintained by the relevant |
| |
| |
90 (1) | Section 115 (authority’s duties as regards reports) is amended as follows. |
| |
(2) | After subsection (1A) insert— |
| 25 |
“(1B) | In the case of report made by the chief finance officer of an elected |
| |
local policing body, that body must consider the report and decide |
| |
whether the body agrees or disagrees with the views contained in the |
| |
report and what action (if any) the body proposes to take in |
| |
| 30 |
(1C) | In the case of a report made by the chief finance officer of a chief |
| |
officer of police, the chief officer of police must consider the report |
| |
and decide whether the chief officer of police agrees or disagrees |
| |
with the views contained in the report and what action (if any) the |
| |
chief officer of police proposes to take in consequence of it. |
| 35 |
(1D) | The consideration and decision-making must be concluded not later |
| |
than the end of the period of 21 days beginning with the day on |
| |
which copies of the report are sent. |
| |
(1E) | As soon as practicable after the elected local policing body, or the |
| |
chief officer of police, has concluded the consideration of the chief |
| 40 |
finance officer’s report, that body or chief officer must prepare a |
| |
| |
(a) | what action (if any) that body or chief officer has taken in |
| |
| |
(b) | what action (if any) that body or chief officer proposes to take |
| 45 |
in response to the report; and |
| |
|
| |
|
| |
|
(c) | the reasons for taking the action specified in the report or, as |
| |
the case may be, for taking no action. |
| |
(1F) | As soon as practicable after the elected local policing body has |
| |
prepared a report under subsection (1E), the elected local policing |
| |
body must arrange for a copy of the report to be sent to— |
| 5 |
(a) | the chief finance officer; |
| |
(b) | the person who at the time the report is made has the duty to |
| |
audit the elected local policing body’s accounts; and |
| |
(c) | each member of the police and crime panel for the police area |
| |
for which the elected policing body is established. |
| 10 |
(1G) | As soon as practicable after the chief officer of police has prepared a |
| |
report under subsection (1E), the chief officer of police must arrange |
| |
for a copy of the report to be sent to— |
| |
(a) | the chief finance officer; |
| |
(b) | the person who at the time the report is made has the duty to |
| 15 |
audit the chief officer’s accounts; and |
| |
(c) | the elected local policing body which maintains the police |
| |
force in which the chief officer serves.”. |
| |
(3) | In subsection (2), at the beginning insert “In the case of any authority other |
| |
than an elected local policing body or a chief officer of police,”. |
| 20 |
(4) | In subsection (9), after “subsection” insert “(1B), (1C) or”. |
| |
(5) | In subsection (10), after “subsection” insert “(1B), (1C)”. |
| |
(6) | In subsection (11), for “at the meeting” substitute “under subsection (1B), |
| |
| |
91 (1) | Section 116 (information about meetings) is amended in accordance with |
| 25 |
| |
(2) | In the title, for “meetings” substitute “consideration of reports etc“. |
| |
(3) | After subsection (2A) insert— |
| |
“(2B) | In the case of an elected local policing body, the chief finance |
| |
officer of that body must notify the body’s auditor of any decisions |
| 30 |
taken by the body in accordance with section 115. |
| |
(2C) | In the case of a chief officer of police, the chief officer of police’s |
| |
chief finance officer must notify that chief officer of police’s |
| |
auditor of any decisions taken by the chief officer of police in |
| |
accordance with section 115.”. |
| 35 |
Local Government and Housing Act 1989 |
| |
92 | The Local Government and Housing Act 1989 is amended as follows. |
| |
93 | In section 1 (disqualification and political restriction of certain officers and |
| |
staff), after subsection (8) insert— |
| |
“(9) | In this section a reference to a person holding a politically restricted |
| 40 |
post under a local authority include a reference to every member of |
| |
the staff of an elected local policing body.”. |
| |
|
| |
|
| |
|
94 (1) | Section 4 (designation and reports of head of paid service) is amended in |
| |
accordance with this paragraph. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | In the case of an elected local policing body, the body’s chief |
| |
executive is to be taken to have been designated as the head of the |
| 5 |
body’s paid service (and, accordingly, subsection (1)(a) does not |
| |
apply; but references to persons designated under this section |
| |
include references to the body’s chief executive).”. |
| |
(3) | In subsection (4), for “sent to” substitute “sent— |
| |
(a) | in the case of an elected local policing body, to the body and |
| 10 |
to the police and crime panel for the body’s police area; and |
| |
(b) | in any other case, to”. |
| |
(4) | In subsection (5), after “relevant authority” insert “(other than an elected |
| |
| |
(5) | After subsection (5) insert— |
| 15 |
“(5A) | It shall be the duty of an elected local policing body to consider any |
| |
report under this section by the head of the body’s paid service, and |
| |
to do so no later than three months after the body is sent a copy of the |
| |
| |
(6) | In subsection (6)(a), after “below” insert “and an elected local policing |
| 20 |
| |
95 (1) | Section 5 (designation and reports of monitoring officer) is amended in |
| |
accordance with this paragraph. |
| |
(2) | In subsection (1), in the words after paragraph (b), omit the words from |
| |
“(or,” to “authority” (in the last place). |
| 25 |
(3) | After subsection (1B) insert— |
| |
“(1C) | In the case of an elected local policing body, the body’s chief |
| |
executive is to be taken to have been designated as the monitoring |
| |
officer (and, accordingly, subsection (1)(a) does not apply; but |
| |
references to persons designated under this section include |
| 30 |
references to the body’s chief finance officer).” |
| |
(4) | In subsection (3)(b), for “sent to” substitute “sent— |
| |
(a) | in the case of an elected local policing body, to the body and |
| |
to the police and crime panel for the body’s police area; and |
| |
(b) | in any other case, to”. |
| 35 |
(5) | In subsection (5)(a), for “deputy at” substitute “deputy— |
| |
(i) | in the case of an elected local policing body, no later |
| |
than three months after the body is sent a copy of the |
| |
| |
(ii) | in any other case, at”. |
| 40 |
| |
(a) | in the definition of “chief finance officer”, after “1999” insert “, |
| |
Schedule 1 to the Police Reform and Social Responsibility Act 2011”; |
| |
|
| |
|
| |
|
(b) | in paragraph (a) of the definition of “relevant authority”, after |
| |
“below” insert “and an elected local policing body”. |
| |
96 | In section 7 (all staff to be appointed on merit), in subsection (1)— |
| |
(a) | in paragraph (a), omit “or”; |
| |
(b) | after paragraph (a) insert— |
| 5 |
“(aa) | an elected local policing body, or”. |
| |
97 (1) | Section 21 (interpretation of Part 1) is amended in accordance with this |
| |
| |
(2) | In subsection (1), omit paragraph (g). |
| |
98 | In section 67 (application of, and orders under, Part 5), in subsection (3), omit |
| 10 |
| |
99 (1) | Section 155 (emergency financial assistance to local authorities) is amended |
| |
| |
(2) | In subsection (1A), in paragraph (b) for “Metropolitan Police Authority” |
| |
substitute “Mayor’s Office for Policing and Crime”. |
| 15 |
(3) | In subsection (4), for paragraph (ea) substitute— |
| |
“(ea) | a police and crime commissioner;”. |
| |
Deregulation and Contracting Out Act 1994 |
| |
100 (1) | The Deregulation and Contracting Out Act 1994 is amended as follows. |
| |
(2) | In section 79A (meaning of “local authority” in England), omit paragraph |
| 20 |
| |
(3) | In section 79B (meaning of “local authority” in England), omit paragraph (g). |
| |
| |
101 | In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain |
| |
cases), in subsection (3)(f), for “police authority” substitute “a police and |
| 25 |
crime commissioner and the Mayor’s Office for Policing and Crime”. |
| |
Audit Commission Act 1998 |
| |
102 | The Audit Commission Act 1998 is amended as follows. |
| |
103 (1) | Section 32 (documents relating to police authorities etc) is amended in |
| |
accordance with this paragraph. |
| 30 |
(2) | In subsection (1), for the words from “relates” to the end, substitute “relates |
| |
to an elected local policing body or to a chief officer of police.” |
| |
| |
| |
(i) | for the words from “relates” to “1996” substitute “relates to |
| 35 |
one or more elected local policing bodies”; |
| |
(ii) | for “an authority” substitute “a body”; |
| |
|
| |
|
| |
|
(b) | after paragraph (a) insert— |
| |
“(aa) | relates to one or more chief officers of police and has |
| |
been sent (or a copy of which has been sent) by the |
| |
Commission to such a chief officer.”. |
| |
(4) | For subsection (3) substitute— |
| 5 |
“(3) | In this section “chief officer of police” means— |
| |
(a) | a chief constable for a police force maintained under section |
| |
2 of the Police Act 1996, and |
| |
(b) | the Commissioner of Police of the Metropolis.”. |
| |
104 | In section 32B (mandatory provision of data), omit subsection (5)(c). |
| 10 |
105 | In section 47A (reports relating to performance of English local authorities), |
| |
in subsection (5), omit the words from “, other” to the end. |
| |
106 | In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph |
| |
| |
“(k) | a police and crime commissioner; |
| 15 |
(ka) | a chief constable for a police force maintained under |
| |
section 2 of the Police Act 1996; |
| |
(kb) | the Commissioner of Police of the Metropolis;”. |
| |
Crime and Disorder Act 1998 |
| |
107 | The Crime and Disorder Act 1998 is amended as follows. |
| 20 |
108 | In section 1A (power of Secretary of State to add relevant bodies), in |
| |
subsection (1), for “police authority” substitute “local policing body”. |
| |
109 | In section 17 (duty to consider crime and disorder implications), in |
| |
subsection (2), for “a police authority” substitute “a local policing authority”. |
| |
110 (1) | In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is |
| 25 |
| |
(2) | After the definition of “local child curfew scheme” insert— |
| |
| ““local policing body” has the meaning given by section 101(1) of the |
| |
| |
(3) | Omit the definition of “police authority”. |
| 30 |
111 | In section 38 (local provision of youth justice services), in subsection (2)(a), |
| |
for “police authority” substitute “local policing body”. |
| |
112 | In section 41 (the Youth Justice Board), in subsection (10), for “police |
| |
authority” substitute “local policing body”. |
| |
113 | In section 42 (interpretation of Chapter 1 of Part 1), in subsection (1), omit the |
| 35 |
definition of “police authority”. |
| |
114 | In section 115 (disclosure of information), in subsection (2)(c), for “police |
| |
authority” substitute “local policing body”. |
| |
|
| |
|
| |
|
Regional Development Agencies Act 1998 |
| |
115 | In the Regional Development Agencies Act 1998, in section 7A (the London |
| |
Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police |
| |
Authority” substitute “Mayor’s Office for Policing and Crime”. |
| |
Local Government Act 1999 |
| 5 |
116 | The Local Government Act 1999 is amended as follows. |
| |
117 (1) | Section 1 (best value authorities) is amended in accordance with this |
| |
| |
(2) | In subsection (1), for paragraph (d) substitute— |
| |
“(d) | the Common Council of the City of London in its capacity as |
| 10 |
| |
| |
118 | In section 3A (involvement of local representatives), in subsection (3), for |
| |
paragraph (a) substitute— |
| |
“(a) | the Common Council of the City of London in its capacity as |
| 15 |
| |
119 | In section 10 (inspections), omit subsection (5). |
| |
120 | Omit section 10A (inspections: Auditor General for Wales). |
| |
121 | In section 23 (accounts), in subsection (4), omit paragraph (za). |
| |
122 | In section 29 (modifications for Wales), in subsection (1), omit the words |
| 20 |
from “except” to the end. |
| |
Freedom of Information Act 2000 |
| |
123 | In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in |
| |
Part 5, for paragraphs 57 and 58 substitute— |
| |
“57 | A police and crime commissioner. |
| 25 |
58 | The Mayor’s Office for Policing and Crime.”. |
| |
Local Government Act 2000 |
| |
124 | The Local Government Act 2000 is amended as follows. |
| |
125 | In section 21C (reports and recommendations of overview and scrutiny |
| |
committees: duties of certain partner authorities), in subsection (8), in the |
| 30 |
definition of “relevant partner authority”, omit paragraph (a). |
| |
126 | In section 21E (overview and scrutiny committees of certain district councils: |
| |
functions with respect to partner authorities), in subsection (4)(a)(ii), in the |
| |
definition of “relevant partner authority”, omit sub-paragraph (a). |
| |
127 | In section 22A (overview and scrutiny committees of certain authorities in |
| 35 |
England: provision of information etc by certain partner authorities), in |
| |
subsection (6), in the definition of “associated authority”, omit paragraph |
| |
| |
|
| |
|
| |
|
128 (1) | Section 49 (principles governing conduct of members of relevant authorities) |
| |
is amended in accordance with this paragraph. |
| |
(2) | In subsection (1), omit “and police authorities in Wales”. |
| |
(3) | In subsection (2), omit “(other than police authorities)”. |
| |
| 5 |
(5) | In subsection (6), omit paragraph (m). |
| |
129 (1) | Section 50 (model codes of conduct) is amended in accordance with this |
| |
| |
(2) | In subsection (1), omit “and police authorities in Wales”. |
| |
(3) | In subsection (2), omit “other than police authorities”. |
| 10 |
130 (1) | Section 51 (duty of relevant authorities to adopt codes of conduct) is |
| |
amended in accordance with this paragraph. |
| |
(2) | In subsection (4A), omit “or police authority in Wales”. |
| |
(3) | In subsection (4C), omit “other than a police authority”. |
| |
(4) | In subsection (6)(c)(i), omit “or a police authority in Wales”. |
| 15 |
131 (1) | Section 53 (standards committees) is amended in accordance with this |
| |
| |
(2) | In subsections (3) and (4), omit “or a police authority in Wales”. |
| |
(3) | In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”. |
| |
(4) | In subsection (9), omit “and a police authority in Wales”. |
| 20 |
(5) | In subsection (10), omit “or a police authority in Wales”. |
| |
(6) | In subsection (11)(a), omit “other than police authorities”. |
| |
132 (1) | Section 54 (functions of standards committees) is amended in accordance |
| |
| |
(2) | In subsection (4), omit “and police authorities in Wales”. |
| 25 |
(3) | In subsection (5), omit “(other than police authorities)”. |
| |
(4) | In subsection (6), omit “and police authorities in Wales”. |
| |
(5) | In subsection (7), omit “(other than police authorities)”. |
| |
133 (1) | Section 54A (sub-committees of standards committees) is amended in |
| |
accordance with this paragraph. |
| 30 |
(2) | In subsection (4), omit “or of a police authority in Wales”. |
| |
(3) | In subsection (5), omit “other than a police authority”. |
| |
134 | In section 57 (Standards Board for England), in subsection (5)(b) and (c), |
| |
omit “and police authorities in Wales”. |
| |
135 | In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a) |
| 35 |
and (b), omit “(other than police authorities)”. |
| |
|
| |
|