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Police Reform and Social Responsibility Bill, continued

(c)	pay such amount of no less than £1 and no more than £5 in

respect of the costs of taking and analysing the sample as may be

specified in the order.

(2)	A court may not impose an alcohol monitoring requirement unless—

(a)	it is satisfied that—

(i)	the offender has a propensity to misuse alcohol and the

offender expresses willingness to comply with the

alcohol monitoring requirement, or

(ii)	the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)	the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the area proposed to be specified in the order under section 216

(local justice area to be specified in relevant order).

(3)	A relevant order imposing an alcohol monitoring requirement must

provide that the results of any tests carried out on any samples provided

by the offender to the monitoring officer in pursuance of the requirement

are to be communicated to the responsible officer.

(4)	The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to subsection (1)(b).

(5)	The Secretary of State may make rules for all or any of the following

purposes:

(a)	regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)	regulating the provision and carrying on of a facility for the

testing of samples;

(c)	determining the maximum and minimum fee that may be

specified under subsection (1)(c), and the frequency of such

payments;

(d)	regulating the functions of the monitoring officer; and

(e)	making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(6)	In this section, ‘monitoring officer’ means any person, other than the

responsible officer, specified in an alcohol monitoring requirement as the

person to whom samples must be provided.”.

(2)	Schedule (Alcohol monitoring requirement) makes further amendments to the

Criminal Justice Act 2003.’.

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Police Reform and Social Responsibility Bill, continued

Youth rehabilitation orders: alcohol monitoring requirement

Mr Matthew Offord

NC11

To move the following Clause:—

‘(1)	In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

24 insert—

“24A	Alcohol monitoring requirement

(1)	In this Part “alcohol monitoring requirement”, in relation to a youth

rehabilitation order, means a requirement that during a period specified

in the order, the offender must—

(a)	not consume alcohol,

(b)	for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)	pay such amount in respect of the costs of taking and analysing

the sample as may be specified in the order.

(2)	A court may not impose an alcohol monitoring requirement unless—

(a)	it is satisfied that—

(i)	the offender has a propensity to misuse alcohol and

expresses willingness to comply with the alcohol

monitoring requirement, or

(ii)	the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)	the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the local justice area proposed to be specified in the order.

(3)	A youth rehabilitation order imposing an alcohol monitoring requirement

must provide that the results of any tests carried out on any samples

provided by the offender to the monitoring officer in pursuance of the

requirement are to be communicated to the responsible officer.

(4)	Where the offender has not attained the age of 17, the order must provide

for the sample to be provided in the presence of an appropriate adult.

(5)	The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to sub-paragraph (1)(b).

(6)	The Secretary of State makes rules for all or any of the following

purposes:

(a)	regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)	regulating the provision and carrying on of a facility for the

testing of samples;

(c)	determining the maximum and minimum fee that may be

specified under sub-paragraph (1)(c), and the frequency of such

payments;

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585

Police Reform and Social Responsibility Bill, continued

(d)	regulating the functions of the monitoring officer; and

(e)	making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(7)	In this paragraph—

        “appropriate adult” means—

(a)	the offender’s parent or guardian or, if the offender is in the care

of a local authority or voluntary organisation, a person

representing that authority or organisation,

(b)	a social worker of the local authority, or

(c)	if no person falling within paragraph (a) or (b) is available, any

responsible person aged 18 or over who is not a police officer or

a person employed by the police;

“monitoring officer” means any person, other than the responsible

officer, specified in an alcohol monitoring requirement as the person to

whom samples must be provided.”.

(2)	Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes

further amendments to the Criminal Justice and Immigration Act 2008.’.

New Schedules

Nick Herbert

NS3

To move the following Schedule:—

‘Police reform: minor and consequential amendments

Part 1

Police Act 1996

1	The Police Act 1996 is amended in accordance with this Part.

2	For the italic cross-heading before section 1 substitute—

“Police areas and police forces”

3	Omit the italic cross-heading before section 2.

4    (1)

Section 2 (maintenance of police forces) is amended in accordance with this

paragraph.

(2)	The existing provision of section 2 becomes subsection (1) of that section.

(3)	After that subsection, insert—

“(2)	For further provision about the maintenance of those police forces, see

Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act

2011.”.

5

Omit—

(a)	sections 3 to 5, and

(b)	the italic cross-heading before section 5A.

6    (1)

Section 5A (maintenance of the metropolitan police force) is amended in

accordance with this paragraph.

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Police Reform and Social Responsibility Bill, continued

(2)	The existing provision of section 5A becomes subsection (1) of that section.

(3)	After that subsection, insert—

“(2)	For further provision about the maintenance of the metropolitan police

force, see Chapter 2 of Part 1 of the Police Reform and Social

Responsibility Act 2011.”.

7	Omit sections 5B to 6.

8	Before section 6ZA insert the following cross-heading—

“The City of London”.

9	After that cross-heading insert—

“6AZA

Common Council to remain police authority for City

The Common Council of the City of London is to continue to be the

police authority for the City of London police area.”.

10  (1)

Section 6ZA (power to confer particular functions on police authorities) is

amended in accordance with this paragraph.

(2)	In the title, for “police authorities” substitute “the Common Council”.

(3)	In subsection (1), for “police authorities” substitute “the Common Council”.

(4)	In subsection (2)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “police force maintained for its area” substitute “the City of

London police force”;

(c)	for “the authority” substitute “the Common Council”.

(5)	In subsection (3), for paragraphs (a) and (b) substitute—

“(a)	the Common Council,

(b)	the Commissioner of Police for the City of London, and”.

(6)	Omit subsection (4).

11  (1)

Section 6ZB (plans by police authorities) is amended in accordance with this

paragraph.

(2)	In the title, for “police authorities” substitute “the Common Council”.

(3)	In subsection (1)—

(a)	for “every police authority” substitute “the Common Council”;

(b)	for “the authority’s” substitute “the Common Council’s”;

(c)	for “its area” substitute “the City of London police area, and for the

discharge by the City of London Police of its national or international

functions”.

(4)	In subsection (3)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “relevant chief officer of police” substitute “Commissioner of

Police for the City of London”;

(c)	for “the authority” substitute “the Common Council”.

(5)	In subsection (4)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “relevant chief officer of police” (in the first place) substitute

“Commissioner of Police for the City of London”;

(c)	for “authority for” substitute “Common Council for”;

(d)	for “Authority shall” substitute “Common Council shall”;

(e)	for “relevant chief officer of police” (in the second place) substitute

“Commissioner of Police for the City of London”.

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Police Reform and Social Responsibility Bill, continued

(6)	In subsection (8), for paragraphs (a) and (b) substitute—

“(a)	the Common Council,

(b)	the Commissioner of Police for the City of London, and”.

(7)	Omit subsection (9).

(8)	Omit subsection (11).

12  (1)

Section 6ZC (reports by police authorities) is amended in accordance with this

paragraph.

(2)	In the title, for “police authorities” substitute “the Common Council”.

(3)	In subsection (1)—

(a)	for “police authorities” substitute “the Common Council”;

(b)	for “policing of their areas” substitute “discharge of the Common

Council’s functions”.

(4)	In subsection (3), for paragraphs (a) and (b) substitute—

“(a)	the Common Council,

(b)	the Commissioner of Police for the City of London, and”.

(5)	Omit subsection (4).

13	Omit sections 8A to 9G.

14	Before section 9H insert—

“Police ranks”.

15	Omit sections 10 to 12A.

16	Omit sections 14 to 17.

17	Before section 18 insert—

“City of London”.

18  (1)

Section 18 (supply of goods and services) is amended in accordance with this

paragraph.

(2)	In subsection (1), omit paragraph (a).

(3)	In subsection (1)(b)—

(a)	for “shall also apply with that modification” substitute “shall,”;

(b)	at the end insert “, apply with the modification set out in subsection

(2)”.

(4)	In subsection (3)—

(a)	for “A police authority” substitute “The Common Council in its

capacity as police authority”;

(b)	for “another police authority” substitute “another local policing

body”;

(c)	for “a police authority collaboration agreement” substitute “force

collaboration provision in a collaboration agreement”.

19	Omit sections 19 to 21

20	Omit the heading “General provisions” before section 22.

21  (1)

Section 22 (reports by chief constables to police authorities) is amended as

follows.

(2)	In subsection (1)—

(a)	for “Every chief officer of police of a police force” substitute “The

Commissioner of Police for the City of London”;

(b)	for “police authority” substitute “Common Council”;

(c)	for the words from “the area” to “maintained” substitute “the City of

London police area”.

(3)	In subsection (2), for “A chief officer” substitute “The chief constable”.

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Police Reform and Social Responsibility Bill, continued

(4)	In subsection (3)—

(a)	for “The chief officer of police of a police force” substitute “The

Commissioner of Police for the City of London”;

(b)	for “police authority” substitute “Common Council”;

(c)	for “that authority” substitute “the Common Council”;

(d)	for “area for which the force is maintained” substitute “City of London

police area”.

(5)	In subsection (4), for “police authority” substitute “Common Council”.

(6)	In subsection (5)—

(a)	for “chief officer” substitute “Commissioner of Police for the City of

London”;

(b)	for “police authority” substitute “Common Council”;

(c)	for “that authority” substitute “the Common Council”.

(7)	In subsection (6)—

(a)	for “police authority” substitute “Common Council”;

(b)	for “the authority” substitute “the Common Council”.

22	After section 22 insert the following cross-heading—

“General provisions”.

23  (1)

Section 24 (aid of one police force by another) is amended as follows.

(2)	In subsection (3), for “sections 9A and 10(1)” substitute “sections 2 and 4 of

the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)”.

(3)	For subsection (3A) substitute—

“(3A)

While a member of the civilian staff of a police force maintained under

section 2, or a member of the civilian staff of the metropolitan police

force, is provided under this section for the assistance of another

police force, that member of staff is, notwithstanding section 2 or 4 of

the 2011 Act, under the direction and control of the chief officer of

police of that other force.”.

(4)	In subsection (4)—

(a)	for “police authority” (in both places) substitute “local policing body”;

(b)	for “those authorities” substitute “those bodies”;

(c)	for “police authorities” substitute “local policing bodies”.

(5)	In subsection (4A)—

(a)	for “police authority” substitute “local policing body”;

(b)	for “section 10(1)” substitute “sections 2 and 4 of the 2011 Act”.

24	In section 25(1) (provision of special services)—

(a)	for “police authority” substitute “local policing body”;

(b)	for “that authority” substitute “that body”.

25  (1)

Section 26 (provision of advice and assistance to international organisations

etc) is amended in accordance with this paragraph.

(2)	In subsection (1)—

(a)	for “police authority” substitute “local policing body”;

(b)	for “the authority” substitute “the body”.

(3)	In subsection (2)—

(a)	for “police authority” substitute “local policing body”;

(b)	for “the authority” substitute “the body”.

(4)	In subsections (5) and (6), for “police authority” substitute “local policing

body”.

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Police Reform and Social Responsibility Bill, continued

26	In section 27 (special constables), in subsection (2), for “police force

collaboration agreement” substitute “collaboration agreement”.

27	In section 28 (police cadets), in subsection (3)—

(a)	for “Without prejudice to subsection (2)” substitute “Accordingly”;

(b)	for “the police authority that maintains a police force” substitute “the

chief officer of a police force”.

28  (1)

Section 30 (jurisdiction of constables) is amended in accordance with this

paragraph.

(2)	In subsection (3A)—

(a)	for “section 24” substitute “section 22A”;

(b)	for “police authority” substitute “local policing body”.

(3)	In subsection (3B), for “police force collaboration agreement under section

23” substitute “collaboration agreement under section 22A”.

29	For section 31 (rewards for diligence) substitute—

“31	Rewards for diligence

(1)	The chief constable of a police force maintained under section 2 may

grant to members of that police force rewards for exceptional

diligence or other specially meritorious conduct.

(2)	The Commissioner of Police of the Metropolis may grant to members

of the metropolitan police force rewards for exceptional diligence or

other specially meritorious conduct.

(3)	The Common Council may, on the recommendation of the

Commissioner of Police for the City of London, grant out of the City

of London police fund to members of the City of London police force

rewards for exceptional diligence or other specially meritorious

conduct.”.

30	In section 32 (power to alter police areas by order), in subsection (3)(a), for

“police authority” substitute “local policing body”.

31	In section 33 (objections to alterations proposed by Secretary of State), in

subsection (1)(a), for “police authority” substitute “local policing body”.

32	In section 34 (orders altering police areas: supplementary provision), omit

subsection (1)(a).

33  (1)

Section 39A (codes of practice for chief officers) is amended as follows.

(2)	Omit subsection (3).

(3)	In subsection (4)—

(a)	for the words from “preparing” to “Agency” substitute “issuing or

revising such a code, the Secretary of State”;

(b)	for paragraph (a) substitute—

“(a)	such persons as appear to the Secretary of State to

represent the views of police and crime

commissioners;

(aa)	the Mayor’s Office for Policing and Crime;

(ab)	the Common Council;”;

(c)	for “it” substitute “the Secretary of State”.

34  (1)

Section 42A is amended in accordance with this paragraph.

(2)	In the title, for “removal of senior officers” substitute “exercise of powers

under section 42”.

(3)	In subsection (1), omit “9E, 11 or”.

(4)	In subsection (2), for paragraph (a) substitute—

© Parliamentary copyright	Revised 10 February 2011