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Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 17 February 2011                  

743

 

Police Reform and Social Responsibility Bill, continued

 
 

“(b)    

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

 

      (3)  

In subsection (2)(b), for “a police authority” substitute “the Mayor’s Office for

 

Policing and Crime”.

 

Children and Young Persons Act 1933

 

68         

The Children and Young Persons Act 1933 is amended as follows.

 

69         

In section 7 (sale of tobacco, etc, to persons under 18), in subsection (3), for

 

“police authority” substitute “local policing body”.

 

70         

In section 12 (failing to provide for safety of children at entertainments), in

 

subsection (5)(b), for “police authority” substitute “chief officer of police”.

 

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

 

71         

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is

 

amended as follows.

 

72         

In section 18 (protection of tenure, in connection with employment, under a

 

licence or a rent-free letting, by extension of the Rent Acts), in subsection

 

(6)—

 

(a)    

after “either by the” insert “relevant local policing body or”;

 

(b)    

for “that authority” substitute “that body or authority”.

 

73         

In section 20 (modifications of Rent Acts as respects occupation by

 

employees), in subsection (3)(b), after “required by the” insert “relevant local

 

policing body or”.

 

74         

In section 23 (interpretation of Part 2), in subsection (1), in the definition of

 

“relevant police authority”—

 

(a)    

for ““relevant police authority”” substitute ““relevant local policing

 

body” or “relevant police authority””;

 

(b)    

for “the police authority” substitute “the local policing body or the

 

police authority”.

 

75         

In Schedule 2 (capacities in respect of which payments may be made under

 

Part 5, and paying authorities), in Part 1, in the second column of entry number

 

4, at the beginning insert “The local policing body or”.

 

Town and Country Planning Act 1959

 

76         

In the Town and Country Planning Act 1959, in Part 1 of Schedule 4

 

(authorities in England and Wales to whom Part 2 applies), omit paragraph 8.

 

Land Compensation Act 1961

 

77         

In the Land Compensation Act 1961, in section 29 (interpretation of Part 4), in

 

the definition of “local authority” in subsection (1), in paragraph (a) omit “, or

 

a combined police authority”.

 

Trustee Investments Act 1961

 

78         

The Trustee Investments Act 1961 is amended as follows.

 

79         

In section 11 (Local Authority investment schemes), in subsection (4)(a), for

 

the words from “police authority” to “1996” substitute “police and crime

 

commissioner”.

 

80         

In Schedule 1 (manner of investment), in Part 2 (narrower-range of

 

investments requiring advice), in paragraph 9, for paragraph (d) substitute—

 

“(d)    

a police and crime commissioner;”.


 
 

Public Bill Committee: 17 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

Local Government (Records) Act 1962

 

81         

The Local Government (Records) Act 1962 is amended as follows.

 

82         

In section 2 (acquisition and deposit of records), in subsection (6), omit the

 

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

 

83         

In section 8 (interpretation), in subsection (1), omit the words from “a police

 

authority” to “Metropolitan Police Authority,”.

 

Pipe-lines Act 1962

 

84         

In the Pipe-lines Act 1962, in section 37 (fire brigades, police etc to be notified

 

of certain pipe-line accidents and to be furnished with information), in

 

subsections (1)(a) and (2)(a), after “rescue authority” insert “, local policing

 

body”.

 

Offices, Shops and Railway Premises Act 1963

 

85         

In the Offices, Shops and Railway Premises Act 1963, in section 90

 

(interpretation), in subsection (4)(c), after “maintained by” insert “a local

 

policing body or”.

 

Local Government Act 1966

 

86         

In the Local Government Act 1966, in section 11 (grants for certain

 

expenditure due to ethnic minority population), in subsection (2) for the words

 

from “police authority” to “Metropolitan Police Authority” substitute “police

 

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

 

Leasehold Reform Act 1967

 

87  (1)  

In the Leasehold Reform Act 1967, section 28 (retention or resumption of land

 

required for public purposes) is amended in accordance with this paragraph.

 

      (2)  

In subsection (5)(a), for the words from “police authority” to “Metropolitan

 

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

 

Office for Policing and Crime”.

 

      (3)  

In subsection (6), omit the second paragraph (a) (which appears after

 

“However—”).

 

Superannuation (Miscellaneous Provisions) Act 1967

 

88         

The Superannuation (Miscellaneous Provisions) Act 1967 is amended as

 

follows.

 

89  (1)  

Section 11 (pensions of certain persons transferring to different employment)

 

is amended in accordance with this paragraph.

 

      (2)  

In subsection (8), for “police authority” substitute “police pension authority”.

 

      (3)  

After subsection (8) insert—

 

“(9)    

In this section “police pension authority” means—

 

(a)    

the chief constable of any police force maintained under

 

section 2 of the Police Act 1996;

 

(b)    

the Commissioner of Police of the Metropolis;

 

(c)    

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

 

a police authority; and

 

(d)    

any police authority within the meaning of the Police

 

(Scotland) Act 1967.”.


 
 

Public Bill Committee: 17 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

90  (1)  

Section 15 (superannuation of metropolitan civil staffs) is amended in

 

accordance with this paragraph.

 

      (2)  

In subsection (1), in paragraph (a)(i), for “Metropolitan Police Authority”

 

substitute “Mayor’s Office for Policing and Crime or the Commissioner of

 

Police of the Metropolis”.

 

      (3)  

For subsection (2) substitute—

 

“(2)    

The Mayor’s Office for Policing and Crime shall have power to grant

 

pensions or other benefits to or in respect of persons who are members

 

of the metropolitan civil staffs by virtue of employment by that Office.

 

(2ZA)    

The Commissioner of Police of the Metropolis shall have power to

 

grant pensions or other benefits to or in respect of persons who are

 

members of the metropolitan civil staffs by virtue of employment by

 

the Commissioner.”.

 

      (4)  

In subsection (2A)—

 

(a)    

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

 

Policing and Crime, and the Commissioner of Police of the

 

Metropolis,”;

 

(b)    

for “it” substitute “that Office or Commissioner”.

 

      (5)  

In subsection (6), for “and with the Metropolitan Police Authority” substitute

 

“with the Mayor’s Office for Policing and Crime, and with the Commissioner

 

of Police of the Metropolis”.

 

      (6)  

In subsection (7), for “Metropolitan Police Authority” substitute “Mayor’s

 

Office for Policing and Crime or the Commissioner of Police of the

 

Metropolis”.

 

Firearms Act 1968

 

91         

The Firearms Act 1968 is amended as follows.

 

92         

In section 54 (application of Parts 1 and 2 to Crown servants), for subsection

 

(3)(b) substitute—

 

“(b)    

a civilian officer, or”.

 

93         

In section 57 (interpretation), in subsection (4), for the definition of “civilian

 

officer” substitute—

 

““civilian officer” means—

 

(a)    

as respects England and Wales—

 

(i)    

a person employed by a chief constable

 

established under section 2 of the Police Reform

 

and Social Responsibility Act 2011,

 

(ii)    

a person employed by the Commissioner of

 

Police of the Metropolis, or

 

(iii)    

a person employed by the Corporation of the

 

City of London who is under the direction and

 

control of the Commissioner of Police for the

 

City of London;

 

(b)    

as respects Scotland, a person employed by a police authority

 

who is under the direction and control of a chief officer of

 

police;”.

 

Employers’ Liability (Compulsory Insurance) Act 1969

 

94         

In the Employers’ Liability (Compulsory Insurance) Act 1969, in section 3

 

(employers exempted from insurance), in subsection (2)(b), for “and any


 
 

Public Bill Committee: 17 February 2011                  

746

 

Police Reform and Social Responsibility Bill, continued

 
 

police authority” substitute “, any local policing body, any chief constable

 

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

 

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

 

Local Government Grants (Social Need) Act 1969

 

95         

In the Local Government Grants (Social Need) Act 1969, in section 1

 

(provision of grants), in subsection (3), for the words from “police authority”

 

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

 

the Mayor’s Office for Policing and Crime”.

 

Local Authorities (Goods and Services) Act 1970

 

96         

In the Local Authorities (Goods and Services) Act 1970, in section 1 (supply

 

of goods and services by local authorities), in the definition of “public body”

 

in subsection (4), for the words from “police authority” to “1996” substitute

 

“police and crime commissioner”.

 

Pensions (Increase) Act 1971

 

97         

The Pensions (Increase) Act 1971 is amended as follows.

 

98         

In Schedule 2 (official pensions), Part 2 (pensions out of local funds) is

 

amended in accordance with paragraphs 99 and 100.

 

99  (1)  

Paragraph 51 is amended in accordance with this paragraph.

 

      (2)  

For “police authority” (in the first place) substitute “local policing body or a

 

chief officer of police”.

 

      (3)  

In sub-paragraph (a), for “such a police authority; or” substitute “a police

 

authority;”.

 

      (4)  

After sub-paragraph (a), insert—

 

“(aa)    

service as a member of staff of a police and crime

 

commissioner;

 

(ab)    

service as a member of staff of the Mayor’s Office for

 

Policing and Crime;

 

(ac)    

service as a member of the civilian staff of a police force;

 

or”.

 

      (5)  

In paragraph (b), for “by such a” substitute “by a chief constable established

 

under section 2 of the Police Reform and Social Responsibility Act 2011, by

 

the Commissioner of Police of the Metropolis or by a”.

 

      (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”;


 
 

Public Bill Committee: 17 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

(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”;

 

(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”;


 
 

Public Bill Committee: 17 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

(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”.

 

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.)


 
 

Public Bill Committee: 17 February 2011                  

749

 

Police Reform and Social Responsibility Bill, continued

 
 

      (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.

 

      (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


 
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