|
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| |
| |
|
| | 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 |
|
| | |
| | |
| | 186 | In section 84Q (application of this Chapter etc)— |
|
| | (a) | in subsection (2), for “police authorities” substitute “police and crime |
|
| | |
| | |
| | 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 |
|
| | |
| | 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 |
|
| | |
| | (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— |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | (a) | what action (if any) that body or chief officer has taken in |
|
| | |
| | (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. |
|
| | (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) |
|
| | |
| | 192(1) | Section 116 (information about meetings) is amended in accordance with this |
|
| | |
| | (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”. |
|
| | |
| | 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 |
|
| | |
| | |
| | (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 |
|
| | directions of that chief officer, for the purposes of this |
|
| | |
| | (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) |
|
| | |
| | (2) | In subsection (2), for “by the police authority” substitute “as a civilian police |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | 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— |
|
| | “(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 |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| | (ii) | in any other case, at”. |
|
| | |
| | (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— |
|
| | “(aa) | an elected local policing body, or”. |
|
| | 206(1) | Section 21 (interpretation of Part 1) is amended in accordance with this |
|
| | |
| | (2) | In subsection (1), omit paragraph (g). |
|
| | 207 | In section 67 (application of, and orders under, Part 5), in subsection (3), omit |
|
| | |
| | 208(1) | Section 155 (emergency financial assistance to local authorities) is amended as |
|
| | |
| | (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”. |
|
| | |
| | 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 |
|
| | |
| | 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;”. |
|
| | |
| | 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). |
|
| | |
| | 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”. |
|
| | |
| | 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 |
|
| | |
| | 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;”. |
|
|
|
| |
| |
|
| | |
| | 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.” |
|
| | |
| | |
| | (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— |
|
| | “(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) |
|
| | |
| | “(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. |
|
|