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

(f)	Schedule 1, 2 or 4 to the Police Reform and Social

Responsibility Act 2011”.

321	In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph (m)

substitute—

“(m)	a police and crime commissioner.

322	In section 95 (power to trade in function-related activities through a company),

in subsection (7)—

(a)	omit the definition of “police authority”;

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

substitute “the Common Council of the City of London in its capacity

as a police authority and”.

323	In section 101 (staff transfer matters: general), omit subsection (7).

Railways and Transport Safety Act 2003

324	The Railways and Transport Safety Act 2003 is amended as follows.

325	In section 25 (special constables), in subsection (5)(d), for “police authority”

substitute “local policing body”.

326	In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police

authority employees” substitute “civilian staff”.

327	In section 45 (regulation of procedure and practice), omit subsection (2)(a).

328	In section 50 (policing objectives: Authority), in subsection (3)—

(a)	in paragraph (a), at the end insert “and”;

(b)	omit paragraph (c) (and the word “and” at the end of paragraph (b)).

329	In section 55 (three-year strategy plan)—

(a)	in paragraph (b), at the end insert “and”;

(b)	omit paragraph (d) (and the word “and” at the end of paragraph (c)).

330	In Schedule 4 (British Transport Police Authority), in paragraph 7

(disqualification), for sub-paragraph (2)(c) substitute—

“(c)	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),

(ca)	a member of the staff of the Mayor’s Office for Policing and

Crime (within the meaning of that Part of that Act),

(cb)	a member of the civilian staff of a police force, including the

metropolitan police force, (within the meaning of that Part of

that Act), or”.

Sexual Offences Act 2003

331	In the Sexual Offences Act 2003, in section 136M (reimbursement of costs),

for “police authority” (in each place) substitute “local policing body”.

Children Act 2004

332	The Children Act 2004 is amended as follows.

333	In section 10 (co-operation to improve well-being: England), in subsection

(4)(b), for “the police authority” substitute “the local policing body”.

334	In section 11 (arrangements to safeguard and promote welfare: England), in

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

335	In section 25 (co-operation to improve well-being: Wales), in subsection

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

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

336	In section 28 (arrangements to safeguard and promote welfare: Wales), in

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

Housing Act 2004

337	In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in

paragraph 2(1) (buildings controlled or managed by public sector bodies etc),

for sub-paragraphs (c) and (d) substitute—

“(c)	a police and crime commissioner,

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

Public Audit (Wales) Act 2004

338	The Public Audit (Wales) Act 2004 is amended as follows.

339	In section 12 (local government bodies in Wales), in subsection (1)—

(a)	in paragraph (f), for “police authority” substitute “police and crime

commissioner”;

(b)	after paragraph (f), insert—

“(fa)

a chief constable of a police force maintained under

section 2 of the Police Act 1996 for a police area in

Wales;”.

340(1)

Section 40 (documents relating to police authorities) is amended in accordance

with this paragraph

(2)	In the title, for “police authorities” substitute “police and crime

commissioners and chief constables”.

(3)	In subsection (1), for “police authority for” substitute “police and crime

commissioner for, or the chief constable of a police force maintained under

section 2 of the Police Act 1996 for,”;

(4)	In subsection (2)—

(a)	for “police authorities” substitute “police and crime commissioners”;

(b)	for “police authority” substitute “police and crime commissioner”.

(5)	After subsection (2) insert—

“(3)	If the Auditor General for Wales has sent a document (or a copy of a

document) relating to one or more chief constables of police forces

maintained under section 2 of the Police Act 1996 for a police area in

Wales, the Auditor General may send a copy of the document to the

persons to whom a copy of a document may be sent under subsection

(2).”.

341	In section 46 (performance standards: relevant bodies), in subsection (1)(d),

for “police authority” substitute “police and crime commissioner”.

Drugs Act 2005

342	In the Drugs Act 2005, in section 19 (interpretation), for subsection (7)

substitute—

“(7)	“Police support officer” means—

(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), and

(b)	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).”.

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Police Reform and Social Responsibility Bill, continued

Public Services Ombudsman (Wales) Act 2005

343	The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

344	In Schedule 2 (excluded matters), in paragraph 1, for “police authority”

substitute “police and crime commissioner”.

345	In Schedule 2 (listed authorities), for “police authority” substitute “police and

crime commissioner”.

Serious Organised Crime and Police Act 2005

346	The Serious Organised Crime and Police Act 2005.

347(1)

Section 6 (annual plans) is amended in accordance with this paragraph.

(2)	In subsection (7)(d)—

(a)	at the beginning insert “each local policing body for an area in England

and Wales,”;

(b)	for “Great Britain” substitute “Scotland”.

(3)	In subsection (8), for “Great Britain” substitute “Scotland”.

348(1)

Section 7 (annual reports) is amended in accordance with this paragraph.

(2)	In subsection (4)(d)—

(a)	at the beginning insert “each local policing body for an area in England

and Wales,”;

(b)	for “Great Britain” substitute “Scotland”.

(3)	In subsection (5), for “Great Britain” substitute “Scotland”.

349(1)

Section 23 (mutual assistance between SOCA and law enforcement agencies:

voluntary arrangements) is amended in accordance with this paragraph.

(2)	In subsections (8) and (9), for “relevant police authority” substitute “relevant

policing body”.

(3)	In subsection (11), in the definition of “relevant police authority”—

(a)	for “relevant police authority” substitute “relevant policing body”;

(b)	before paragraph (a) insert—

“(za)

in relation to a police force in England or Wales, the local

policing body maintaining that force,”;

(c)	in paragraph (a), for “Great Britain” substitute “Scotland”.

350(1)

Section 26 (use by SOCA of police premises etc) is amended in accordance

with this paragraph.

(2)	In subsection (1)(a), for “relevant police authority” substitute “relevant

policing body”.

(3)	In subsection (2)—

(a)	in paragraph (a), for “relevant police authority” substitute “relevant

policing body”;

(b)	for “that authority” substitute “that body”.

(4)	In subsection (3)—

(a)	for “relevant police authority” substitute “relevant policing body”;

(b)	in paragraphs (a) and (b), for “that body” substitute “SOCA or that

body”.

(5)	In subsection (6)—

(a)	for “relevant police authority” substitute “relevant policing body”;

(b)	for “that authority” substitute “that body”.

(6)	In subsection (7)—

(a)	for “relevant police authority” substitute “relevant policing body”;

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Police Reform and Social Responsibility Bill, continued

(b)	for “the police authority” substitute “the local policing body”.

351(1)

Section 155 (payments by Secretary of State to police authorities in relation to

the prevention, detection and enforcement of certain traffic offences) is

amended in accordance with this paragraph.

(2)	In the title, for “police authority” substitute “local policing body”.

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

352	In Schedule 5 (persons specified for the purposes of section 82), in paragraph

14(a), for “police authority employees” substitute “civilian staff”.

Government of Wales Act 2006

353	The Government of Wales Act 2006 is amended as follows.

354	In section 72 (partnership council), in subsection (5)(c), for “police

authorities” substitute “police and crime commissioners”.

355(1)

Part 1 of Schedule 5 (Assembly Measures) is amended in accordance with this

paragraph.

(2)	In matter 12.3 (conduct of members of relevant authorities), in the definition

of “relevant authority”, leave out the words from “, except” to the end.

(3)	In matter 15.6, in paragraph (b) of the provision beginning “This matter

applies”, for “police authorities” substitute “police and crime commissioners”.

356	In Part 1 of Schedule 7 (Assembly Acts: subjects), in paragraph 12 for “police

authorities” substitute “police and crime commissioners”.

London Olympic Games and Paralympic Games Act 2006

357	The London Olympic Games and Paralympic Games Act 2006 is amended as

follows.

358	In section 21 (offence), in subsection (4), after “pay to” insert “a local policing

body,”.

359	In section 22 (enforcement of power of entry)—

(a)	in subsection (8), after “compensation from” insert “a local policing

body,”;

(b)	in subsection (9), after “A” (at the beginning) insert “local policing

body, a”.

360	In section 28 (enforcement of power of entry)—

(a)	in subsection (6), after “compensation from” insert “a local policing

body,”;

(b)	in subsection (7), after “A” (at the beginning) insert “local policing

body, a”.

Police and Justice Act 2006

361	The Police and Justice Act 2006 is amended as follows.

362	In section 6 (consultation with APA and ACPO), omit subsection (2)(2)(a).

363(1)

Schedule 1 (National Policing Improvement Agency) is amended as follows.

(2)	In paragraph 5 (annual plans)—

(a)	in sub-paragraph (6)(b), for “police authority” substitute “local

policing body”;

(b)	in sub-paragraph (7), for paragraph (b) substitute—

“(b)	such persons as appear to the Secretary of State to

represent the views of police and crime

commissioners,

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Police Reform and Social Responsibility Bill, continued

(ba)	the Mayor’s Office for Policing and Crime,

(bb)	the Common Council of the City of London,”.

(3)	In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word

“and” at the end of sub-paragraph (2)(b) substitute—

“(b)	such persons as appear to the Secretary of State to represent

the views of police and crime commissioners,

(c)	the Mayor’s Office for Policing and Crime, and

(d)	the Common Council of the City of London.”.

(4)	In paragraph 7 (chairman and other members)—

(a)	for sub-paragraph (2)(a) substitute—

“(a)	such persons as appear to the Secretary of State to

represent the views of police and crime

commissioners,

(ab)	the Mayor’s Office for Policing and Crime,

(ac)	the Common Council of the City of London, and”

(b)	in sub-paragraph (4)(a), for “nominated by the Association of Police

Authorities” substitute “who is a police and crime commissioner”.

(5)	In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police

authority” substitute “local policing body”.

(6)	In the italic heading before paragraph 35 (Payments by Agency to police

authorities), after “to” insert “local policing bodies”.

(7)	In paragraph 35, in sub-paragraph (a), for “police authorities” substitute “local

policing bodies”.

(8)	In paragraph 48 (power to modify objects, functions and strategy of the

Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—

“(b)	such persons as appear to the Secretary of State to represent

the views of police and crime commissioners,

(c)	the Mayor’s Office for Policing and Crime,

(d)	the Common Council of the City of London, and”.

Safeguarding Vulnerable Groups Act 2006

364	In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred lists),

in paragraph 19 (information), in sub-paragraph (4), for “police authority”

substitute “local policing body”.

Violent Crime Reduction Act 2006

365	The Violent Crime Reduction Act 2006 is amended as follows.

366	In section 18 (functions of local chief officer of police), for “police authority”

(in each place), substitute “local policing body”.

367	In section 19 (guidance about the designation of zones)—

(a)	for “police authorities” (in each place) substitute “local policing

bodies”;

(b)	for “police authority” substitute “local policing body”.

Corporate Manslaughter and Corporate Homicide Act 2007

368	In the Corporate Manslaughter and Corporate Homicide Act 2007, in section

13 (application to police forces), in subsection (3)(b), for “police authority”

substitute “local policing body”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

Local Government and Public Involvement in Health Act 2007

369	The Local Government and Public Involvement in Health Act 2007 is

amended as follows.

370	In section 104 (application of Chapter 1 of Part 5: partner authorities), for

subsection (2)(e) substitute—

“(e)	a local policing body;”.

371	In section 123 (joint overview and scrutiny committees), in subsection (7) for

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

372	In section 212 (entities controlled etc by local authorities), in subsection (7), in

paragraph (a) of the definition of “local authority”, after “that Act)” insert “,

apart from a police and crime commissioner”.

Serious Crime Act 2007

373	In the Serious Crime Act 2007, in section 39 (compliance with orders:

authorised monitors), in subsection (10), in the definition of “law enforcement

agency”—

(a)	before paragraph (a) insert—

“(za)

the chief constable of a police force maintained under section 2

of the Police Act 1996;

(zb)	the Commissioner of Police of the Metropolis;

(zc)	the Common Council of the City of London in its capacity as

police authority;”;

(b)	in paragraph (a), omit “a police authority or”.

Pensions Act 2008

374(1)

In the Pensions Act 2008, section 95 (police) is amended as follows.

(2)	In subsection (1), after “by the” insert “relevant local policing body or”.

(3)	In subsection (2)—

(a)	after “A” (in the first place) insert “local policing body, or a”;

(b)	after “relevant” insert “local policing body, or relevant”.

Coroners and Justice Act 2009

375	In the Coroners and Justice Act 2009, in section 24 (provision of staff and

accommodation), in subsection (2), for “police authority” substitute “local

policing body”.

Local Democracy, Economic Development and Construction Act 2009

376	The Local Democracy, Economic Development and Construction Act 2009 is

amended as follows.

377	In section 2 (democratic arrangements of connected authorities)—

(a)	for subsection (3)(f) substitute—

“(f)	a local policing body;”;

(b)	for subsection (5)(e) substitute—

“(e)	a local policing body;”.

378	In section 23 (duty of public authorities to secure involvement), in subsection

(2), for paragraph (j) substitute—

“(j)	the Common Council of the City of London in its capacity as

a police authority;”.

Public Bill Committee: 17 February 2011

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Police Reform and Social Responsibility Bill, continued

379	In section 35 (mutual insurance: supplementary), in subsection (2), for

paragraph (k) substitute—

“(k)	the Common Council of the City of London in its capacity as

a police authority;”.

380	In section 123 (partner authorities), for subsection (2)(d) substitute—

“(d)	a local policing body;”.

Policing and Crime Act 2009

381	In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments

Panel), omit subsection (1).

Child Poverty Act 2010

382	In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for

“police authority” substitute “local policing body”.

Equality Act 2010

383	The Equality Act 2010 is amended as follows.

384	In section 1 (public sector duty regarding socio-economic duties), in

subsection (3)(k), for “police authority” substitute “police and crime

commissioner”.

385	In section 43 (interpretation of section 42)—

(a)	in subsection (3), for “police authority” (in each place) substitute

“local policing body or police authority”;

(b)	in subsection (8), for paragraph (d) substitute—

“(d)	the Police Reform and Social Responsibility Act

2011.”.

386	In Schedule 19 (public authorities), in Part 1, for the words from “A police

authority” to “section 5B of that Act”, substitute—

“A police and crime commissioner established under section 1 of

the Police Reform and Social Responsibility Act 2011.

The Mayor’s Office for Policing and Crime established under

section 3 of that Act.”.’.

Nick Herbert

ns6

To move the following Schedule:—

‘Police: complaints

Introduction

1	The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

2	In section 9(2)(b) (minimum number of members of Commission), for “ten”

substitute “five”.

© Parliamentary copyright	Revised 17 February 2011