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

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”.

(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—

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Police Reform and Social Responsibility Bill, continued

(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.

(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)”.

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Police Reform and Social Responsibility Bill, continued

(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

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

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Police Reform and Social Responsibility Bill, continued

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—

“(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.”.

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Police Reform and Social Responsibility Bill, continued

(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—

“(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.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

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).

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;”.

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763

Police Reform and Social Responsibility Bill, continued

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—

“(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.

© Parliamentary copyright	Revised 17 February 2011