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 7 — Other provisions relating to policing and crime and disorder
48

(3)
In this section—
“local authority” means—
(a)
a district council,
(b)
a county council in England for a county in which there are no
district councils,
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(c)
the Council of the Isles of Scilly,
(d)
a county council or county borough council in Wales;
“head of paid service”, in relation to a council, means the person
designated by the council under section 4(1)(a) of the Local
Government Act 1989.
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78
Interpretation of Chapter 6
In this Chapter, the following terms have the following meanings, unless the
context otherwise requires—
“appropriate officer” has the meaning given by section 77;
“elector”, in relation to an election of a police and crime commissioner,
15
means a person entitled to vote at the election;
“elector”, in relation to a local government election, has same meaning as
in the Representation of the People Act 1983 (see section 202 of that
Act);
“electoral area” has the same meaning as in that Act as it applies in
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relation to England and Wales (see section 203 of that Act);
“local government election” has the same meaning as in that Act as it
applies in relation to England and Wales (see section 203 of that Act);
“local government elector” means a person registered as a local
government elector in the register of electors in accordance with the
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provisions of the Representation of the People Acts;
“ordinary election” has the meaning given in section 50;
“police area returning officer” has the meaning given by section 54.
Chapter 7
Other provisions relating to policing and crime and disorder
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Requirement for national policing capabilities
79
The strategic policing requirement
(1)
For section 37A of the Police Act 1996 (setting of strategic priorities for police
authorities), substitute—
“37A
The strategic policing requirement
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(1)
The Secretary of State must, from time to time, issue a document (the
“strategic policing requirement”) which sets out what, in the Secretary
of State’s view, are—
(a)
national threats at the time the document is issued, and
(b)
appropriate national policing capabilities to counter those
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national threats.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
49

(2)
A chief officer of police must, in exercising the functions of chief officer,
have regard to the strategic policing requirement.
(3)
Before issuing the strategic policing requirement, the Secretary of
State—
(a)
must obtain the advice of—
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(i)
such persons as appear to the Secretary of State to
represent the views of chief officers of police, and
(ii)
such persons as appear to the Secretary of State to
represent the views of local policing bodies, and
(b)
must consult such other persons as the Secretary of State thinks
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fit.
(4)
The strategic policing requirement need not set out a national threat (in
particular) if, in the Secretary of State’s view, countering the threat
would involve police forces other than England and Wales police forces
(and only those other police forces).
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(5)
References in this section to national policing capabilities to counter a
threat are references to the ability of all England and Wales police
forces—
(a)
to exercise one or more functions to counter that threat,
(b)
to exercise one or more functions in one or more particular ways
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to counter that threat, or
(c)
to exercise one or more functions in accordance with common
operational standards to counter that threat.
(6)
In this section—
“England and Wales police force” means—
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(a)
a police force maintained under section 2,
(b)
the metropolitan police force, and
(c)
the City of London Police Force;
“national threat” means a threat (whether actual or prospective)
which is—
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(a)
a threat to national security, public safety, public order
or public confidence that is of such gravity as to be of
national importance, or
(b)
a threat which can be countered effectively or efficiently
only by national policing capabilities to counter the
35
threat.”.
Duties and powers of Secretary of State
80
General duty of Secretary of State
The Secretary of State must exercise the powers conferred by this Part in such
manner and to such extent as appears to the Secretary of State to be best
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calculated to promote the efficiency and effectiveness of the police.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
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81
Obtaining advice from representative bodies
(1)
The Secretary of State may, in connection with the exercise by the Secretary of
State of any function relating to the police or policing, require a representative
body to give the Secretary of State advice on any matter.
(2)
A requirement under subsection (1) may specify the period within which the
5
advice is to be given.
(3)
A representative body must comply with a requirement under subsection (1).
(4)
In a case where—
(a)
the Secretary of State makes such a request, and
(b)
the representative body gives the advice (and, where applicable, does
10
so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that
function.
(5)
In this section “representative body” means any body which appears to the
Secretary of State to represent the professional views of members of one or
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more police forces.
82
Abolition of certain powers of Secretary of State
In the Police Act 1996, omit—
(a)
section 38 (performance targets for police strategic priorities);
(b)
section 39 (codes of practice for police authorities);
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(c)
section 43 (reports from police authorities to Secretary of State).
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Suspension and removal of senior police officers
(1)
The Police Act 1996 is amended as follows.
(2)
Section 42 (removal of chief constables etc) is amended in accordance with
subsections (3) to (11).
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(3)
For the title substitute “Metropolitan police: suspension or removal of
Commissioner or Deputy Commissioner”.
(4)
For subsections (1) to (1B) substitute—
“(1)
The Secretary of State may require the Mayor’s Office for Policing and
Crime to exercise the power under section 48 of the Police Reform and
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Social Responsibility Act 2011 (the “2011 Act”) to call upon the
Commissioner of Police of the Metropolis, or the Deputy
Commissioner of Police of the Metropolis, to retire or resign.
(1A)
The Secretary of State may also require the Mayor’s Office for Policing
and Crime to exercise the power under section 48 of the 2011 Act to
35
suspend the Commissioner of Police of the Metropolis, or the Deputy
Commissioner of Police of the Metropolis, if the Secretary of State
considers that it is necessary for the maintenance of public confidence
in the metropolitan police force for that police officer to be suspended.”.
(5)
In subsection (2), for the words before paragraph (a) substitute—
40
“(2)
Before requiring the Mayor’s Office for Policing and Crime to exercise
its power to call upon the Commissioner of Police of the Metropolis, or

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
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the Deputy Commissioner of Police of the Metropolis, to retire or
resign, the Secretary of State shall—”.
(6)
In subsection (2A), for the words from “notice” (in the second place) to the end
substitute “notice to the Mayor’s Office for Policing and Crime.”.
(7)
In subsection (3A)—
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(a)
in paragraph (a), for the words from “, Deputy” to “question” substitute
“or Deputy Commissioner”;
(b)
in paragraph (b), for the words from “Metropolitan” to “concerned”
substitute “Mayor’s Office for Policing and Crime”.
(8)
In subsection (3B), for the words from “, Deputy” to “question” substitute “or
10
Deputy Commissioner”.
(9)
In subsection (4), for the words from “, the Deputy” to “constable” substitute
“or Deputy Commissioner”.
(10)
For subsection (4A) substitute—
“(4A)
If the Secretary of State exercises the power conferred by subsection (1)
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to require the Mayor’s Office for Policing and Crime to call upon the
Commissioner to retire or resign—
(a)
the requirement of section 48(1) of the 2011 Act to obtain the
Secretary of State’s consent does not apply, and
(b)
section 48(5) of the 2011 Act does not apply.”.
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(11)
Omit subsection (4C).
(12)
In section 50 (regulations for police forces), after subsection (2) insert—
“(2A)
Without prejudice to the generality of subsection (1) or (2), regulations
under this section may make provision with respect to the procedures
to be followed by police and crime commissioners, or the Mayor’s
25
Office for Policing and Crime, in exercising—
(a)
powers of suspension, or
(b)
powers of removal,

(whether, in the case of the Mayor’s Office for Policing and Crime, on
their own initiative or in compliance with a requirement imposed by
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the Secretary of State).
(2B)
In subsection (2A)—
“power of removal” means—
(a)
the power conferred on police and crime commissioners
by section 38(3) of the 2011 Act to require chief
35
constables to retire or resign;
(b)
the power conferred on the Mayor’s Office for Policing
and Crime by section 48(3) of the 2011 Act to require the
Commissioner or Deputy Commissioner of Police of the
Metropolis to retire or resign;
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“power of suspension” means—
(a)
the power conferred on police and crime commissioners
by section 38(2) of the 2011 Act to suspend chief
constables;
(b)
the power conferred on the Mayor’s Office for Policing
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and Crime by section 48(1) of the 2011 Act to suspend

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the Commissioner or Deputy Commissioner of Police of
the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social
Responsibility Act 2011.”.
Her Majesty’s inspectors of constabulary
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84
Functions of HMIC
(1)
Section 54 of the Police Act 1996 (appointment and functions of inspectors of
constabulary) is amended as follows.
(2)
In subsection (2) omit “to the Secretary of State”.
(3)
Omit subsection (2A).
10
(4)
After subsection (2B) insert—
“(2BA)
The local policing body for a police area may at any time request the
inspectors of constabulary to carry out an inspection under this section
of a police force maintained for that police area; and a request under
this subsection may include a request for the inspection to be confined
15
to a particular part of the force in question, to particular matters or to
particular activities of that force.
(2BB)
Where a local policing body requests the inspectors to carry out an
inspection under subsection (2BA), the body must pay to the inspectors
such reasonable costs incurred or to be incurred in connection with the
20
inspection as the inspectors may require.”.
(5)
Omit subsection (2C).
(6)
In subsection (4)—
(a)
for “in such form as the Secretary of State may direct” substitute “on the
carrying out of inspections under this section”, and
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(b)
for “Secretary of State” (in the third place) substitute “chief inspector”.
(7)
After subsection (4) insert—
“(4A)
A report under subsection (4) must include the chief inspector’s
assessment of the efficiency and effectiveness of policing in England
and Wales for the year in respect of which the report is prepared.”.
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85
HMIC reports: publication
(1)
Section 55 of the Police Act 1996 (publication of reports) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
The inspectors of constabulary must arrange for any report prepared
under section 54 to be published in such manner as appears to the
35
inspectors to be appropriate.”.
(3)
For subsection (2) substitute—
“(2)
But the inspectors of constabulary must exclude from publication
under subsection (1) anything that the inspectors consider—
(a)
would be against the interests of national security, or
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Chapter 7 — Other provisions relating to policing and crime and disorder
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(b)
might jeopardise the safety of any person.
(2A)
The inspectors must disclose to the Secretary of State anything
excluded from publication by virtue of subsection (2).”.
(4)
For subsection (3) substitute—
“(3)
The inspectors of constabulary must send a copy of the published
5
report to—
(a)
the Secretary of State,
(b)
the local policing body maintaining the police force to which the
report relates,
(c)
the chief officer of police of that police force, and
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(d)
any police and crime panel established under section 28 of the
Police Reform and Social Responsibility Act 2011 for the police
area of that police force.”.
(5)
In subsection (4)—
(a)
for “police authority” substitute “local policing body”, and
15
(b)
for “authority” substitute “body”.
(6)
In subsection (5)—
(a)
for “police authority” substitute “local policing body”, and
(b)
in paragraph (c) and in the words following that paragraph, for
“authority” substitute “body”.
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(7)
In subsection (6) for “police authority” substitute “local policing body”.
(8)
Omit subsection (8).
86
Inspection programmes and frameworks
(1)
Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about
HMIC) is amended as follows.
25
(2)
In sub-paragraph (1) omit “, or at such times as the Secretary of State may
specify by order,”.
(3)
In sub-paragraph (2) for “each of those persons or bodies” substitute “the
Secretary of State”.
(4)
After sub-paragraph (2) insert—
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“(2A)
The chief inspector of constabulary must—
(a)
lay before Parliament a copy of each inspection programme or
inspection framework prepared under this paragraph,
(b)
arrange for each such programme or framework to be
published in such manner as the chief inspector thinks
35
appropriate, and
(c)
send a copy of each such programme or framework to each of
the persons or bodies listed in sub-paragraph (2)(a) to (j).
(2B)
But the chief inspector of constabulary must obtain the approval of the
Secretary of State to the inspection programme or framework in
40
question before acting under sub-paragraph (2A).”.
(5)
In sub-paragraph (3)—

Police Reform and Social Responsibility Bill
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Chapter 7 — Other provisions relating to policing and crime and disorder
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(a)
before “to send” insert “under sub-paragraph (2A)(c)”, and
(b)
for “that sub-paragraph” substitute “sub-paragraph (2)”.
(6)
Omit sub-paragraph (4).
(7)
Before sub-paragraph (5) insert—
   “(4A)
The Secretary of State may by order specify matters to which the
5
chief inspector of constabulary must have regard in preparing an
inspection programme or an inspection framework.
     (4B)
Those matters may (in particular) include the need to secure, so far
as possible, the following objectives—
(a)
that any requirements placed on police forces as a result of
10
inspections carried out under section 54 are not unduly
burdensome; and
(b)
that inspections under that section can be carried out
promptly in response to matters that raise issues of national
importance in relation to the police.
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     (4C)
For the purposes of sub-paragraph (4B)(b), the Secretary of State may
issue guidance as to the matters that raise issues of national
importance in relation to the police; and the chief inspector of
constabulary must have regard to any such guidance in preparing an
inspection programme or an inspection framework.”.
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87
Powers in connection with HMIC inspections
(1)
In Schedule 4A to the Police Act 1996 (further provision about HMIC), after
paragraph 6 insert—
“Powers of inspectors regarding information etc
6A    (1)
The chief officer of police of a police force must—
25
(a)
provide to an inspector such information and documents
specified or described in a notification given by the inspector
to that chief officer, and
(b)
produce or deliver up to the inspector all such evidence and
other things so specified or described,
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as appear to the inspector to be required for the purposes of an
inspection under section 54.
      (2)
A notification under sub-paragraph (1) requiring any information or
documents to be provided may authorise or require that they be
provided electronically.
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      (3)
Anything that a chief officer is obliged to provide, produce or deliver
up by virtue of a requirement imposed under sub-paragraph (1)
must be provided, produced or delivered up in such form and
manner, and within such period, as may be specified—
(a)
in the notification imposing the requirement, or
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(b)
in any subsequent notification given by the inspector to the
chief officer.
      (4)
Nothing in this paragraph requires a chief officer—