Public Bill Committee: 10 February 2011

597

Police Reform and Social Responsibility Bill, continued

(6)	After paragraph (b) insert—

“In this paragraph—

(a)	references to the staff of a police and crime commissioner,

the staff of the Mayor’s Office for Policing and Crime, and

the civilian staff of a police force, have the same meanings

as in Part 1 of the Police Reform and Social Responsibility

Act 2011;

(b)	“police force” includes the metropolitan police force.”.

100	In paragraph 52, after “A pension payable by” insert “a police and crime

commissioner, the Mayor’s Office for Policing and Crime, a chief constable

established under section 2 of the Police Reform and Social Responsibility Act

2011, the Commissioner of Police of the Metropolis or”.

101	In Schedule 6 (employments relevant to section 13(2)(a)), in sub-paragraph

(c)—

(a)	after “Metropolitan Police Authority” insert “or the Mayor’s Office

for Policing and Crime”;

(b)	after “employment” insert “before the repeal of section 14(4) of the

Police Act 1996”;

(c)	after “Fund” insert “or employment after that repeal”.

Local Government Act 1972

102	The Local Government Act 1972 is amended as follows.

103	In section 60 (procedure for reviews), in subsection (2)(a)(i) and (c) and

subsection (5)(b), for “police authority” substitute “police and crime

commissioner”.

104	In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit the

words from “and a police authority” to “Metropolitan Police Authority”.

105	In section 99 (meetings and proceedings of local authorities), omit the words

from “police authorities” to “Metropolitan Police Authority,”.

106(1)

Section 100J (application to new authorities, Common Council, etc) is

amended in accordance with this paragraph.

(2)	In subsection (1), omit paragraphs (e) and (eza).

(3)	In subsection (3), omit “, (e), (eza)”.

(4)	In subsection (4)(a)—

(a)	after “economic prosperity board,” insert “or”;

(b)	omit the words from “or a police authority” to “Metropolitan Police

Authority”.

107	In section 101 (arrangements for discharge of functions by local authorities),

in subsection (13) omit “except a police authority”.

108(1)

Section 107 (application of foregoing provisions to police authorities) is

amended as follows.

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

(3)	For subsection (1) substitute—

“(1)	In their application to the Common Council as police authority,

sections 101 to 106 shall have effect subject to the following

provisions of this section (and in those provisions references to the

Common Council are references to the Council as police authority).”.

(4)	In subsection (2)—

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

Public Bill Committee: 10 February 2011

598

Police Reform and Social Responsibility Bill, continued

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

body”;

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

(5)	In subsection (3)—

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

(b)	for the words from “by” to the end substitute “by the Common

Council”.

(6)	In subsection (3A)—

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

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

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

(7)	In subsection (3B)—

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

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

(8)	In subsection (4)—

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

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

(9)	In subsection (4A)(c), for “a police authority” substitute “the Common

Council”.

(10)	In subsection (5), for “a police authority” substitute “the Common Council”.

(11)	Omit subsection (7).

(12)	In subsection (8)—

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

(b)	for “any such authority or authorities” substitute “the Common

Council”;

(c)	for the words from “by” to the end, substitute “by the Common

Council”.

109(1)

Section 146A (Joint Authorities) is amended in accordance with this

paragraph.

(2)	In subsection (1)—

(a)	after “joint waste authority,” insert “and”;

(b)	omit the words from “a police authority” to “Metropolitan Police

Authority”.

(3)	Omit subsections (1A) to (1C).

110	In section 223 (appearance of local authorities in legal proceedings), in

subsection (2), for the words from “police authority” to “Metropolitan Police

Authority” substitute “police and crime commissioner and the Mayor’s Office

for Policing and Crime”.

111	In section 228 (inspection of documents), in subsection (7A)—

(a)	after “economic prosperity board,” insert “or”;

(b)	omit the words from “or a police authority” to “Metropolitan Police

Authority”.

112	In section 229 (photographic copies of documents), in subsection (8), for the

words from “and a police authority” to “Metropolitan Police Authority”

substitute “, a police and crime commissioner and the Mayor’s Office for

Policing and Crime”.

113	In section 231 (service of notices on local authorities, etc), in subsection (4),

for the words from “and a police authority” to “Metropolitan Police Authority”

substitute “, a police and crime commissioner and the Mayor’s Office for

Policing and Crime”.

Public Bill Committee: 10 February 2011

599

Police Reform and Social Responsibility Bill, continued

114	In section 232 (public notices), in subsection (1A), for the words from “and a

police authority” to “Metropolitan Police Authority” substitute “, a police and

crime commissioner and the Mayor’s Office for Policing and Crime”.

115	In section 233 (service of notices by local authorities), in subsection (11), for

the words from “and a police authority” to “Metropolitan Police Authority”

substitute “, a police and crime commissioner and the Mayor’s Office for

Policing and Crime”.

116	In section 234 (authentication of documents), in subsection (4), for the words

from “and a police authority” to “Metropolitan Police Authority” substitute “,

a police and crime commissioner and the Mayor’s Office for Policing and

Crime”.

117(1)

Schedule 12 (meetings and proceedings of local authorities) is amended in

accordance with this paragraph.

(2)	In paragraph 6A(1)—

(a)	after “economic prosperity board,” insert “or”;

(b)	omit the words from “or a police authority” to “Metropolitan Police

Authority”.

(3)	In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes it.)

(4)	In paragraph 46, omit the words from “and a police authority” to “Metropolitan

Police Authority”.

Superannuation Act 1972

118(1)

In the Superannuation Act 1972, in Schedule 1 (kinds of employment, etc,

referred to in section 1), the entries headed “Other Bodies” are amended in

accordance with this paragraph.

(2)	After the entry relating to employment by the Commissioner for Public

Appointments in Scotland, insert—

“Employment by the Commissioner of Police of the Metropolis.”.

(3)	For “The Metropolitan Police Authority.” substitute “Employment by the

Mayor’s Office for Policing and Crime.”.

Employment Agencies Act 1973

119	In the Employment Agencies Act 1973, in section 13 (interpretation), in

subsection (7)—

(a)	in paragraph (f), omit the words from “, a police authority” to “1996”;

(b)	for paragraph (fa) substitute—

“(fa)

the exercise by a police and crime commissioner of

any of the commissioner’s functions;

(fb)	the exercise by the Mayor’s Office for Policing and

Crime of any of that Office’s functions;

(fc)	the exercise by a chief constable established under

section 2 of the Police Reform and Social

Responsibility Act 2011 of any of the chief

constable’s functions;

(fd)	the exercise by the Commissioner of Police of the

Metropolis of any of the Commissioner’s functions;”.

Health and Safety at Work etc Act 1974

120(1)

In the Health and Safety at Work etc Act 1974, section 51A (application of Part

to police) is amended as follows.

Public Bill Committee: 10 February 2011

600

Police Reform and Social Responsibility Bill, continued

(2)	In subsection (2)—

(a)	in paragraph (a), for “means the chief officer of police” substitute

“means—

(i)	the chief officer of police of that force, or

(ii)	in the case of a member of the force or a

special constable who is, by virtue of a

collaboration agreement under section 22A

of the Police Act 1996, under the direction

and control of a chief officer (within the

meaning given by section 23I of that Act),

that chief officer,”;

(b)	in paragraph (c), for “means the person who has the direction and

control of the body of constables or cadets in question” substitute

“means—

(i)	the person who has the direction and control

of the body of constables or cadets in

question, or

(ii)	in the case of a constable who is, by virtue of

a collaboration agreement under section 22A

of the Police Act 1996, under the direction

and control of a chief officer (within the

meaning given by section 23I of that Act),

that chief officer.”.

(3)	In subsection (2A), after “shall” insert “, if not a corporation sole,”.

Local Government Act 1974

121	The Local Government Act 1974 is amended as follows.

122	In section 25 (authorities subject to investigation), in subsection (1), for

paragraphs (ca) and (caa) substitute—

“(ca)

any police and crime commissioner;

(caa)

the Mayor’s Office for Policing and Crime;”.

123	In Schedule 5 (matters not subject to investigation), in paragraph 2 for “police

authority” substitute “local policing body”.

House of Commons Disqualification Act 1975

124	In the House of Commons Disqualification Act 1975, in section 1

(disqualification of holders of certain offices and places), in subsection (1)(d)

after “maintained by” insert “a local policing body or”.

Northern Ireland Assembly Disqualification Act 1975

125	In the Northern Ireland Assembly Disqualification Act 1975, in section 1

(disqualification of holders of certain offices and places), in subsection (1)(d)

after “maintained by” insert “a local policing body or”.

Local Government (Miscellaneous Provisions) Act 1976

126	The Local Government (Miscellaneous Provisions) Act 1976 is amended as

follows.

127	In section 30 (power to forego repayments of advances of remuneration paid

to deceased employees), for subsection (3) substitute—

“(3)	For the purposes of this section—

Public Bill Committee: 10 February 2011

601

Police Reform and Social Responsibility Bill, continued

(a)	the cases in which a person is in the employment of a local

authority are to be taken to include cases where a person is a

member of a police force maintained by a local authority; and

(b)	in such cases, references to employment are to be construed

accordingly.”.

128	In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a)

of the definition of “local authority”, for the words from “police authority” to

“Metropolitan Police Authority” substitute “police and crime commissioner,

the Mayor’s Office for Policing and Crime”.

Police Pensions Act 1976

129	The Police Pensions Act 1976 is amended as follows.

130	In section 1 (police pensions regulations), in subsection (2A), for “police

authorities” substitute “police pension authorities”.

131	In section 6 (appeals)—

(a)	in subsection (1)(a), for “police authority” substitute “police pension

authority”;

(b)	in subsection (2)—

(i)	for “police authority” substitute “police pension authority”;

(ii)	for “them” substitute “that authority”;

(iii)

for “they are” substitute “that authority is”;

(c)	in subsection (3), for “police authority” substitute “police pension

authority”.

132	In section 8A (information in connection with police pensions etc), for “police

authority” (in each place) substitute “police pension authority”.

133(1)

Section 11 (interpretation) is amended in accordance with this paragraph.

(2)	In subsection (2), the second paragraph (g) becomes paragraph (h).

(3)	In subsection (2), for the words before paragraph (a), substitute—

“(2)	In this Act—

“police pension authority” means—

(c)	the chief constable of any police force maintained under section

2 of the Police Act 1996;

(d)	the Commissioner of Police of the Metropolis;

(e)	the Common Council of the City of London in its capacity as a

police authority; and

(f)	any police authority within the meaning of the Police (Scotland)

Act 1967;

“pension supervising authority” means—

(g)	any local policing body within the meaning of the Police Act

1996; and

(h)	any police authority within the meaning of the Police (Scotland)

Act 1967.

(2A)

But—”

(and, accordingly, paragraphs (a) to (h) of subsection (2) become those

paragraphs of subsection (2A)).

(4)	In subsection (2A), in paragraphs (a) to (h), for “it” (in each place) substitute

““police pension authority” or “pension supervising authority””.

Public Bill Committee: 10 February 2011

602

Police Reform and Social Responsibility Bill, continued

134	In Schedule 1 (pensions under repealed enactments), in paragraph 2 (forfeiture

of pensions), for “police authority” (in each place) substitute “pension

supervising authority”.

Race Relations Act 1976

135(1)

In the Race Relations Act 1976, Schedule 1A (bodies and other persons subject

to general statutory duty) is amended in accordance with this paragraph.

(2)	In Part 1—

(a)	for paragraph 55 substitute—

“55	A police and crime commissioner established under section

1 of the Police Reform and Social Responsibility Act

2011.”;

(b)	for paragraph 57 substitute—

“57	The Mayor’s Office for Policing and Crime established

under section 3 of the Police Reform and Social

Responsibility Act 2011.”.

(3)	In Part 2, omit “A Selection Panel for Independent Members of Police

Authorities.”.

Rent (Agriculture) Act 1976

136	In the Rent (Agriculture) Act 1976, in section 5 (no statutory tenancy where

landlord’s interest belongs to Crown or to local authority etc), in subsection

(3), for paragraph (baa) substitute—

“(baa)

a police and crime commissioner;”.

Rent Act 1977

137	In the Rent Act 1977, in section 14 (landlord’s interest belonging to local

authority etc), in subsection (1), for paragraph (caa) substitute—

“(caa)

a police and crime commissioner;”.

Highways Act 1980

138	The Highways Act 1980 is amended as follows.

139	In section 118B (stopping up of certain highways for purposes of crime

prevention etc), in subsection (6), for “police authority” substitute “local

policing body”.

140	In section 119B (diversion of certain highways for purposes of crime

prevention etc), in subsection (6), for “police authority” substitute “local

policing body”.

141	In section 120 (exercise of powers of making public path extinguishment and

diversion orders), in subsection (3B), for “police authority” substitute “local

policing body”.

Local Government, Planning and Land Act 1980

142	The Local Government, Planning and Land Act 1980 is amended as follows.

143	In section 99 (directions to dispose of land — supplementary), in subsection

(4), for paragraphs (dc) and (dcc) substitute—

“(dc)

a police and crime commissioner;

(dcc)

the Mayor’s Office for Policing and Crime;”.

Public Bill Committee: 10 February 2011

603

Police Reform and Social Responsibility Bill, continued

144	In Schedule 16 (bodies to whom Part 10 applies), for paragraphs 5C and 5CC

substitute—

“5C	A police and crime commissioner.

5CC	The Mayor’s Office for Policing and Crime.”.

Acquisition of Land Act 1981

145	In the Acquisition of Land Act 1981, in section 17(4) (local authority and

statutory undertakers’ land), in paragraph (a) of the definition of “local

authority”, omit “, a police authority established under section 3 of the Police

Act 1996”.

Animal Health Act 1981

146	In the Animal Health Act 1981, in section 10A(1)(a) (annual review of import

controls), omit “, police authorities”.

Finance Act 1981

147	In the Finance Act 1981, in section 107 (sale of houses at discount by local

authorities etc), in subsection (3)(k)—

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

(b)	for “1996 or” substitute “1996, or a police authority within the

meaning of”.

Aviation Security Act 1982

148	The Aviation Security Act 1982 is amended as follows.

149	In section 24AG (security executive groups), in subsection (2)(c), at the

beginning insert “in the case of an aerodrome in Scotland or Northern

Ireland,”.

150	In section 24AT (interpretation), in subsection (6)(c), at the beginning insert

“in the case of an aerodrome in Scotland or Northern Ireland,”.

151(1)

Section 25B (police services agreements) is amended as follows.

(2)	In subsection (4)(b), at the beginning insert “in the case of an aerodrome in

Scotland or Northern Ireland,”.

(3)	After subsection (4) insert—

“(4A)

Before entering into a police services agreement relating to an

aerodrome in England or Wales, or a variation of such an agreement,

the chief officer of police for the relevant police area must consult the

local policing body for that area.”.

152	In section 25E (discharge of functions of relevant persons in relation to police

services agreements), in subsection (2)(c)—

(a)	after “incurred by” insert “the local policing body (in the case of an

aerodrome in England or Wales) or”;

(b)	after “police authority” insert “(in the case of an aerodrome in

Scotland or Northern Ireland)”.

153	In section 26 (exercise of police functions at relevant aerodromes)—

(a)	for “police authority” (in each place) substitute “local policing body or

police authority;

(b)	in subsection (2C)(a), after “reimburse the” insert “body or”.

© Parliamentary copyright	Revised 10 February 2011