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Public Bill Committee: 10 February 2011                  

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154      

In section 29 (control of road traffic at relevant aerodromes), in subsection

 

(2)(a), for “police authority” substitute “chief officer of police (in the case of

 

an aerodrome in England or Wales) or the police authority (in any other case)”.

 

155      

In section 29D (dispute resolution: powers), for “police authority” (in each

 

place) substitute “local policing body or police authority”.

 

156(1)  

Section 31 (interpretation of Part 3 etc) is amended in accordance with this

 

paragraph.

 

      (2)  

In subsection (1), in the definition of “relevant persons”, at the end insert “, as

 

read with subsection (1ZA) below”.

 

      (3)  

After subsection (1) insert—

 

“(1ZA)    

In relation to a dispute about payments to be made which is within

 

section 29A(2)(d) and concerns an aerodrome in England or Wales,

 

“relevant persons” includes the local policing body for the relevant

 

police area.”.

 

Local Government (Miscellaneous Provisions) Act 1982

 

157      

The Local Government (Miscellaneous Provisions) Act 1982 is amended as

 

follows.

 

158      

In section 33 (enforceability by local authorities of certain covenants relating

 

to land), in subsection (9)(a), for the words from “police authority” to

 

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

 

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

 

159      

In section 41 (lost and uncollected property), in the definition of “local

 

authority” in subsection (13), for paragraphs (ca) and (caa) substitute—

 

“(ca)    

a police and crime commissioner; and

 

(caa)    

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

 

Stock Transfer Act 1982

 

160      

In the Stock Transfer Act 1982, in Schedule 1 (specified securities), in

 

paragraph 7(1), for sub-paragraph (ba) substitute—

 

“(ba)    

any police and crime commissioner.”.

 

County Courts Act 1984

 

161      

In the County Courts Act 1984, in section 60 (right of audience), in subsection

 

(3), in the definition of “local authority” for the words from “a police

 

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

 

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

 

Police and Criminal Evidence Act 1984

 

162      

The Police and Criminal Evidence Act 1984 is amended as follows.

 

163      

In section 30 (arrest elsewhere than at a police station), in subsection (4)(b),

 

for “police authority” substitute “local policing body”.

 

164      

In section 36 (custody officers at police stations), in subsection (9), for “police

 

authority” substitute “local policing body”.

 

165(1)  

Section 67 (codes of practice: supplementary) is amended in accordance with

 

this paragraph.

 

      (2)  

In subsection (4), 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,


 
 

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(ab)    

the Common Council of the City of London,”.

 

      (3)  

In subsection (9A)(a), for “police authority employees” substitute “civilian

 

staff”.

 

Road Traffic Regulation Act 1984

 

166      

The Road Traffic Regulation Act 1984 is amended as follows.

 

167      

In section 26 (arrangements for patrolling school crossings), in subsection

 

(5)—

 

(a)    

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

 

police of the police force maintained”;

 

(b)    

for “police authority” (in the second place) substitute “chief officer”.

 

168(1)  

Section 95 (appointment of traffic wardens) is amended in accordance with

 

this paragraph.

 

      (2)  

In subsection (1)—

 

(a)    

for “A police authority in England or Wales may” substitute “A chief

 

officer of police in England and Wales (other than the Commissioner

 

of Police for the City of London), and the Common Council of the City

 

of London may,”;

 

(b)    

after “so appointed” insert “by the Common Council”;

 

(c)    

for “police authority” (in the last place) substitute “Common

 

Council”.

 

      (3)  

In subsection (4)—

 

(a)    

for “A police authority” substitute “A person”;

 

(b)    

after “subsection (1) above” insert “(the “employer”)”;

 

(c)    

in paragraph (a), for “the police authority provide” substitute “the

 

employer provides”;

 

(d)    

in paragraph (b), for “the police authority” substitute “the employer”.

 

      (4)  

In subsection (6), for “police authority” substitute “person”.

 

169(1)  

Section 97 (supplementary provisions as to traffic wardens) is amended in

 

accordance with this paragraph.

 

      (2)  

In subsection (1)—

 

(a)    

for “the police authority” (in the first place) substitute “their

 

employer”;

 

(b)    

for “the police authority” (in the second place) substitute “that

 

employer”.

 

      (3)  

In subsection (3)—

 

(a)    

after “functions of” insert “the Common Council or”;

 

(b)    

after “maintained by” insert “the Common Council or”.

 

      (4)  

In subsection (5)—

 

(a)    

after “Any power” insert “of a person”;

 

(b)    

for “police authority” substitute “person”.

 

Housing Act 1985

 

170      

In the Housing Act 1985, in section 4 (other descriptions of authority), in

 

subsection (1)(e), for the words from “police authority” to “Police Act 1996”

 

substitute “police and crime commissioner”.


 
 

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Police Reform and Social Responsibility Bill, continued

 
 

Housing Associations Act 1985

 

171      

In the Housing Associations Act 1985, in section 106 (minor definitions -

 

general), in the definition of “local authority” in subsection (1), 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”.

 

Landlord and Tenant Act 1985

 

172      

In the Landlord and Tenant Act 1985, in section 38 (minor definitions), in the

 

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

 

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

 

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

 

Prosecution of Offences Act 1985

 

173      

In the Prosecution of Offences Act 1985, in section 3 (functions of the

 

director), in subsection (3), in the definition of “police force”, for “police

 

authority under the Police Act 1996” substitute “local policing body”.

 

Local Government Act 1986

 

174      

The Local Government Act 1986 is amended as follows.

 

175      

In section 6 (interpretation and application of Part 2), in subsection (2)(a), for

 

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

 

substitute—

 

“a police and crime commissioner,

 

the Mayor’s Office for Policing and Crime”.

 

176      

In section 9 (interpretation and application of Part 3), in subsection (1)(a), for

 

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

 

substitute—

 

“a police and crime commissioner,

 

the Mayor’s Office for Policing and Crime”.

 

Channel Tunnel Act 1987

 

177(1)  

In the Channel Tunnel Act 1987, section 14 (arrangements for the policing of

 

the tunnel system) is amended as follows.

 

      (2)  

In subsection (4)—

 

(a)    

for “Kent Police Authority” substitute “Police and Crime

 

Commissioner for Kent”;

 

(b)    

for “that Authority” substitute “that Commissioner”.

 

      (3)  

In subsection (5)—

 

(a)    

for “Kent Police Authority” substitute “Police and Crime

 

Commissioner for Kent”;

 

(b)    

for “the Authority” (in the first place) substitute “the Commissioner”.

 

Landlord and Tenant Act 1987

 

178      

In the Landlord and Tenant Act 1987, in section 58 (exempt landlords and

 

resident landlords), in subsection (1)(a), for the words from “police authority”

 

to “1996” substitute “a police and crime commissioner”.


 
 

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Police Reform and Social Responsibility Bill, continued

 
 

Dartford-Thurrock Crossing Act 1988

 

179      

In section 19 of the Dartford-Thurrock Crossing Act 1988, in section 19

 

(exemption from tolls), for paragraph (a)(i) substitute—

 

“(i)    

a local policing body;”.

 

Housing Act 1988

 

180      

In the Housing Act 1988, in Schedule 1 (tenancies which cannot be assured

 

tenancies), in paragraph 12(2) of Part 1 (local authority tenancies etc), for sub-

 

paragraph (g) substitute—

 

“(g)    

a police and crime commissioner.”.

 

Local Government Act 1988

 

181      

In the Local Government Act 1988, in Schedule 2 (public supply or works

 

contracts: the public authorities), omit the words from “A police authority” to

 

“Metropolitan Police Authority”.

 

Local Government Finance Act 1988

 

182      

The Local Government Finance Act 1988 is amended as follows.

 

183      

In section 65A (Crown property), in subsection (4)(b), for the words from

 

“police authority” to “1996” substitute “police and crime commissioner”.

 

184      

In section 74 (levies)—

 

(a)    

in subsection (1)(c), omit “, combined police authority”;

 

(b)    

in subsection (4)(bb), for “Metropolitan Police Authority” substitute

 

“Mayor’s Office for Policing and Crime”.

 

185      

In section 84F (determination of grant)—

 

(a)    

for “police authorities” (in each place) substitute “police and crime

 

commissioners”;

 

(b)    

omit subsection (7).

 

186      

In section 84Q (application of this Chapter etc)—

 

(a)    

in subsection (2), for “police authorities” substitute “police and crime

 

commissioners”;

 

(b)    

omit subsection (3).

 

187      

In section 88B (special grants), in subsection (10), for the words from “police

 

authority” to “1996” substitute “police and crime commissioner”.

 

188      

In section 111 (interpretation)—

 

(a)    

in subsection (2), for paragraph (e) substitute—

 

“(e)    

a police and crime commissioner,

 

(ea)    

a chief officer of police (which, for this purpose,

 

means a chief constable of a police force maintained

 

under section 2 of the Police Act 1996 or the

 

Commissioner of Police of the Metropolis),”;

 

(b)    

in subsection (3), at the end insert “and the 2011 Act is the Police

 

Reform and Social Responsibility Act 2011”.

 

189      

In section 112 (financial administration as to certain authorities), omit

 

subsection (2)(a).

 

190(1)  

Section 114 (functions of responsible officer as respects reports) is amended in

 

accordance with this paragraph.

 

      (2)  

In subsection (1), after “1999 Act” insert “, or Schedule 1, 2 or 4 to the 2011

 

Act”.


 
 

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      (3)  

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

 

“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—

 

“(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 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

 

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

 

police, the police force of which that person is chief officer;

 

(b)    

in any other case, the police force maintained by the relevant

 

authority.”.

 

191(1)  

Section 115 (authority’s duties as regards reports) is amended as follows.

 

      (2)  

After subsection (1A) insert—

 

“(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.

 

(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.

 

(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

 

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

 

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.


 
 

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Police Reform and Social Responsibility Bill, continued

 
 

(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—

 

(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.

 

(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

 

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,”.

 

      (4)  

In subsection (9), after “subsection” insert “(1B), (1C) or”.

 

      (5)  

In subsection (10), after “If subsection” insert “(1B), (1C)”.

 

      (6)  

In subsection (11), for “at the meeting” substitute “under subsection (1B), (1C)

 

or (2)”.

 

192(1)  

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

 

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.”.

 

193      

In section 117 (rates and precepts: abolition), in subsection (5), omit “,

 

combined police authority”.

 

Road Traffic Act 1988

 

194      

The Road Traffic Act 1988 is amended as follows.

 

195      

In section 65A (motor cycles not to be sold without EC certificate of

 

conformity), in subsection (5)(d), after “to a” insert “local policing body or”.

 

196(1)  

Section 67 (testing of condition of vehicles on roads) is amended in accordance

 

with this paragraph.

 

      (2)  

In subsection (4)—

 

(a)    

in paragraph (e), omit “and”;

 

(b)    

after paragraph (e) insert—

 

“(ea)    

a person appointed by a chief officer of police in

 

England or Wales (other than the Commissioner of

 

Police for the City of London) to act, under the


 
 

Public Bill Committee: 10 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

directions of that chief officer, for the purposes of this

 

section, and”;

 

(c)    

in paragraph (f), after “police area” insert “in Scotland, or by the

 

Common Council of the City of London,”.

 

      (3)  

In subsection (5), after “(d)” insert “, (ea)”.

 

197      

In section 78 (weighing of motor vehicles), in subsection (8)(b), after “by a”

 

(in the second place), insert “local policing body or a”.

 

198      

In section 124 (exemption of police instructors from prohibition imposed by

 

section 123), in subsection (2), in paragraph (b) of the definition of “civilian

 

instructor”, for “a police authority” substitute “a chief officer of police in

 

England or Wales (other than the Commissioner of Police for the City of

 

London), the Common Council of the City of London in its capacity as police

 

authority, or a police authority”.

 

199(1)  

Section 144 (exceptions from requirement of third-party insurance or security)

 

is amended in accordance with this section.

 

      (2)  

In subsection (2)(a), omit “(other than a police authority)”.

 

      (3)  

In subsection (2)(b)—

 

(a)    

after “owned by” insert “a local policing body or”;

 

(b)    

after “constable,” insert “by a member of a police and crime

 

commissioner’s staff (within the meaning of Part 1 of the Police

 

Reform and Social Responsibility Act 2011), by a member of the staff

 

of the Mayor’s Office for Policing and Crime (within the meaning of

 

that Part of that Act), by a person employed by the Common Council

 

of the City of London in its capacity as a police authority,”.

 

Road Traffic Offenders Act 1988

 

200(1)  

In the Road Traffic Offenders Act 1988, section 79 (statements by constables)

 

is amended as follows.

 

      (2)  

In subsection (2), for “by the police authority” substitute “as a civilian police

 

employee”.

 

      (3)  

After subsection (5), insert—

 

“(5A)    

For the purposes of subsection (2), a person is employed as a civilian

 

police employee for a police area if—

 

(a)    

in the case of a police area listed in Schedule 1 to the Police

 

Act 1996, the person is a member of the civilian staff of the

 

police force (within the meaning of Part 1 of the Police

 

Reform and Social Responsibility Act 2011) maintained for

 

that area;

 

(b)    

in the case of the metropolitan police district, the person is a

 

member of the civilian staff of the Mayor’s Office for Policing

 

and Crime (within the meaning of that Part of that Act);

 

(c)    

in the case of the City of London, the person is employed by

 

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

 

police authority.”.

 

Local Government and Housing Act 1989

 

201      

The Local Government and Housing Act 1989 is amended as follows.

 

202      

In section 1 (disqualification and political restriction of certain officers and

 

staff), after subsection (8) insert—


 
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