Public Bill Committee: 10 February 2011

611

Police Reform and Social Responsibility Bill, continued

“(9)	In this section a reference to a person holding a politically restricted

post under a local authority includes a reference to every member of

the staff of an elected local policing body.”.

203(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

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

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—

“(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 body”.

204(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).

(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 references

to the body’s chief executive).”

(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”.

(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”.

(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”;

(b)	in paragraph (a) of the definition of “relevant authority”, after “below”

insert “and an elected local policing body”.

205	In section 7 (all staff to be appointed on merit), in subsection (1)—

(a)	in paragraph (a), omit “or”;

(b)	after paragraph (a) insert—

Public Bill Committee: 10 February 2011

612

Police Reform and Social Responsibility Bill, continued

“(aa)

an elected local policing body, or”.

206(1)

Section 21 (interpretation of Part 1) is amended in accordance with this

paragraph.

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

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

paragraph (i).

208(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”.

(3)	In subsection (4), for paragraph (ea) substitute—

“(ea)

a police and crime commissioner;”.

Aviation and Maritime Security Act 1990

209	In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power

to require harbour authorities to promote searches in harbour areas), for “in

England, Scotland or Wales by a police authority” substitute “in England or

Wales by a local policing body, in Scotland by a police authority, or in

England, Wales or Scotland by”.

Town and Country Planning Act 1990

210	The Town and Country Planning Act 1990 is amended as follows.

211	In section 252 (procedure for making orders), in subsection (12), in 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,”.

212	In section 336 (interpretation), in subsection (1), in the definition of “local

authority”, in paragraph (a), for “Metropolitan Police Authority” substitute

“Mayor’s Office for Policing and Crime”.

War Crimes Act 1991

213	In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for

“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and

Crime”.

Local Government Finance Act 1992

214	In the Local Government Finance Act 1992, in section 19 (exclusion of Crown

exemption in certain cases), for subsection (3)(c) substitute—

“(c)	a police and crime commissioner;”.

Welsh Language Act 1993

215	In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for

paragraph (d) substitute—

“(d)	a police and crime commissioner;”.

Deregulation and Contracting Out Act 1994

216	The Deregulation and Contracting Out Act 1994 is amended as follows.

217	In section 79A (meaning of “local authority” in England), omit paragraph (o).

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

Public Bill Committee: 10 February 2011

613

Police Reform and Social Responsibility Bill, continued

Value Added Tax Act 1994

219	In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain

cases), in subsection (3)(f), at the beginning insert “a police and crime

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

Criminal Appeal Act 1995

220	In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc),

in subsection (2)(a) and (b)(iii), for “police authority” substitute “local

policing body”.

Employment Rights Act 1996

221	In the Employment Rights Act 1996, in section 50 (right to time off for public

duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

222	In the Housing Grants, Construction and Regeneration Act 1996, in section 3

(ineligible applicants) for subsection (2)(g) substitute—

“(g)	a police and crime commissioner;”.

Police Act 1997

223	The Police Act 1997 is amended as follows.

224	In section 107 (supplementary provisions relating to Commissioners), in

subsection (4)(a), after “any” insert “local policing body or”.

225	In section 119 (sources of information), in subsections (3) and (7), after

“appropriate” insert “local policing body or”.

226	In section 126 (interpretation of Part 5), in the definition of “police authority”

in subsection (1), for “Great Britain” substitute “Scotland”.

Police (Health and Safety) Act 1997

227	In the Police (Health and Safety) Act 1997, in section 5 (payment of damages,

compensation and fines out of certain funds), in subsection (3), in paragraph

(a) of the definition of “the relevant authority”, for “police authority”

substitute “local policing body”.

Audit Commission Act 1998

228	The Audit Commission Act 1998 is amended as follows.

229(1)

Section 32 (documents relating to police authorities etc) is amended in

accordance with this paragraph.

(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

one or more elected local policing bodies”;

(ii)	for “an authority” substitute “a body”;

(b)	after paragraph (a) insert—

Public Bill Committee: 10 February 2011

614

Police Reform and Social Responsibility Bill, continued

“(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—

“(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.”.

230	In section 32B (mandatory provision of data), omit subsection (5)(c).

231	In section 47A (reports relating to performance of English local authorities), in

subsection (5), omit the words from “, other” to the end.

232	In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph (k)

substitute—

“(k)	a police and crime commissioner;

(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

233	The Crime and Disorder Act 1998 is amended as follows.

234	In section 1A (power of Secretary of State to add relevant bodies), in

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

235	In section 17 (duty to consider crime and disorder implications), in subsection

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

236(1)

In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is 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”.

237	In section 38 (local provision of youth justice services), in subsection (2)(a),

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

238	In section 41 (the Youth Justice Board), in subsection (10), for “police

authority” substitute “local policing body”.

239	In section 42 (supplementary provisions), in subsection (1), omit the definition

of “police authority”.

240	In section 115 (disclosure of information), in subsection (2)(c), for “police

authority” substitute “local policing body”.

Police (Northern Ireland) Act 1998

241	In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police

Ombudsman for Northern Ireland), in paragraph 8 (assistance by members of

a police force in Great Britain), in sub-paragraph (2), after “to the” insert “local

policing body”.

Regional Development Agencies Act 1998

242	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”.

Public Bill Committee: 10 February 2011

615

Police Reform and Social Responsibility Bill, continued

Local Government Act 1999

243	The Local Government Act 1999 is amended as follows.

244(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

a police authority;”.

(3)	Omit subsection (4).

245	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

a police authority;”.

246	In section 10 (inspections), omit subsection (5).

247	Omit section 10A (inspections: Auditor General for Wales).

248	In section 23 (accounts), in subsection (4), omit paragraph (za).

249	In section 29 (modifications for Wales), in subsection (1), omit the words from

“except” to the end.

Criminal Justice and Court Services Act 2000

250	In the Criminal Justice and Court Services Act 2000, in section 71 (access to

driver licensing records), in subsection (4), for paragraph (a) of the definition

of “constables” substitute—

“(a)	persons appointed by a chief constable under paragraph 4 of

Schedule 2 to the Police Reform and Social Responsibility Act

(civilian staff of police forces outside London),

(aa)	persons appointed by the Commissioner of Police of the

Metropolis under paragraph 1 of Schedule 4 to that Act (civilian

staff of metropolitan police force),”.

Freedom of Information Act 2000

251	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.

58	The Mayor’s Office for Policing and Crime.”.

Learning and Skills Act 2000

252	The Learning and Skills Act 2000 is amended as follows.

253	In section 125 (consultation and co-ordination), for subsection (1)(c)

substitute—

“(c)	a police and crime commissioner,”.

254	In section 129 (supplementary), in subsection (1), omit the definition of

“police authority”.

Local Government Act 2000

255	The Local Government Act 2000 is amended as follows.

256	In section 21C (reports and recommendations of overview and scrutiny

committees: duties of certain partner authorities), in subsection (8), in the

definition of “relevant partner authority”, for paragraph (a) substitute—

© Parliamentary copyright	Revised 10 February 2011