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Police Reform and Social Responsibility Bill


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

161

 

      (3)  

In subsection (2), for “a police force maintained by the authority” insert “the

relevant police force”.

      (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

“(b)   

in the case of—

(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

London Assembly;

(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

authority.”.

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

consequence of it.

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

report which specifies—

(a)   

what action (if any) that body or chief officer has taken in

response to the report;

(b)   

what action (if any) that body or chief officer proposes to take

45

in response to the report; and

 
 

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

162

 

(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),

(1C) or (2)”.

91    (1)  

Section 116 (information about meetings) is amended in accordance with

25

this paragraph.

      (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.”.

 
 

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

163

 

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

local policing body)”.

      (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

report.”.

      (6)  

In subsection (6)(a), after “below” insert “and an elected local policing

20

body”.

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

report; and

(ii)   

in any other case, at”.

40

      (6)  

In subsection (8)—

(a)   

in the definition of “chief finance officer”, after “1999” insert “,

Schedule 1 to the Police Reform and Social Responsibility Act 2011”;

 
 

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

164

 

(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

paragraph.

      (2)  

In subsection (1), omit paragraph (g).

98         

In section 67 (application of, and orders under, Part 5), in subsection (3), omit

10

paragraph (i).

99    (1)  

Section 155 (emergency financial assistance to local authorities) is amended

as follows.

      (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

(o).

      (3)  

In section 79B (meaning of “local authority” in England), omit paragraph (g).

Value Added Tax Act 1994

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.”

      (3)  

In subsection (2)—

(a)   

in paragraph (a)—

(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”;

 
 

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

165

 

(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) substitute—

“(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

amended as follows.

      (2)  

After the definition of “local child curfew scheme” insert—

   

““local policing body” has the meaning given by section 101(1) of the

Police Act 1996;”.

      (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”.

 
 

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

166

 

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

paragraph.

      (2)  

In subsection (1), for paragraph (d) substitute—

“(d)   

the Common Council of the City of London in its capacity as

10

a police authority;”.

      (3)  

Omit subsection (4).

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

a police authority;”.

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

(b)(i).

 
 

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

167

 

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)”.

      (4)  

Omit subsection (4).

5

      (5)  

In subsection (6), omit paragraph (m).

129   (1)  

Section 50 (model codes of conduct) 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”.

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

paragraph.

      (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

with this paragraph.

      (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)”.

 
 

 
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