Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

(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—

(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)—

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

(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””.

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.”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

(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;”.

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”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

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”.

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.”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

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,

(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)—

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

(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”.

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”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

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”.

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.

© Parliamentary copyright	Revised 17 February 2011