House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 February 2011
133

Police Reform and Social Responsibility Bill, continued

“(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;”;

(c)
for “it” substitute “the Secretary of State”.

34  (1)
Section 42A is amended in accordance with this paragraph.

      (2)
In the title, for “removal of senior officers” substitute “exercise of powers

under section 42”.

      (3)
In subsection (1), omit “9E, 11 or”.

      (4)
In subsection (2), for paragraph (a) substitute—

“(a)
the Mayor’s Office for Policing and Crime;”.

35
In section 50 (regulations for police forces), in subsection (4)(a), for “police

authorities” substitute “local policing bodies”.

36
In section 51 (regulations for special constables), in subsection (3A)(a), for

“police authorities” substitute “local policing bodies”.

37
In section 52 (regulations for police cadets), in subsection (1A)(a), for “police

authorities” substitute “local policing bodies”.

38  (1)
Section 53A (regulation of procedures and practices) is amended in

accordance with this paragraph.

      (2)
In subsection (2), omit paragraph (b) (and the word “and” at the end of

paragraph (a)).

      (3)
In subsection (3), 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;”.

      (4)
Omit subsection (5).

      (5)
In subsection (6), omit paragraph (a).

39  (1)
Section 57 (common services) 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,”.

      (3)
Omit subsections (5) and (6).

40
In section 60 (regulations for Police Federations), in subsection (2)—

(a)
in paragraph (c), after “Federations to” insert “local policing bodies,”;

(b)
in paragraph (d), after “provided by” insert “local policing bodies or”.

41
In section 63 (Police Advisory Boards for England and Wales and for

Scotland), in subsection (2), after “interests” insert “of local policing bodies,”.

42
In section 84 (representation etc at disciplinary and other proceedings), in the

definition of “relevant authority” in subsection (4)—

(a)
in paragraph (a), for “a senior officer” substitute “the chief officer of

police”;

(b)
in paragraph (b), for “a senior officer, the police authority” substitute

“the chief officer of police, the local policing body”.

43
In section 87 (guidance concerning disciplinary proceedings etc), in subsection

(1)—

(a)
for paragraph (a) substitute—

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

“(a)
local policing bodies,”;

(b)
for paragraph (e), substitute—

“(e)
members of the civilian staff of a police force,

including the metropolitan police force, (within the

meaning of Part 1 of the Police Reform and Social

Responsibility Act 2011.”.

44  (1)
Section 88 (liability of wrongful acts of constables) is amended in accordance

with this paragraph.

      (2)
In subsections (2)(b) and (4), for “police authority” substitute “local policing

body”.

      (3)
In subsection (5)—

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

body”;

(b)
in paragraph (c), for “authority’s” substitute “local policing body’s”.

      (4)
In subsection (5A), for “police authority” (in each place) substitute “local

policing body”.

      (5)
In subsection (6), for “police authority” (in each place) substitute “local

policing body”.

45
In section 93 (acceptance of gifts or loans), in subsection (1), for “the

authority” substitute “the body”.

46
In section 97 (police officers engaged on service outside their force), in

subsection (2), for “police authority” (in each place) substitute “local policing

body”.

47  (1)
Section 98 (cross-border aid of one police force by another) is amended in

accordance with this paragraph.

      (2)
In subsection (6)—

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

(b)
for “those authorities” substitute “those bodies”;

(c)
for “police authorities” substitute “local policing bodies”.

      (3)
Before subsection (7) insert—

“(6B)
In this section “local policing body” includes—

(a)
a police authority in Scotland, and

(b)
the Northern Ireland Policing Board.”.

48
Omit Schedules 2 and 2A.

49  (1)
Schedule 6 (appeals to Police Appeals Tribunals) is amended in accordance

with this paragraph.

      (2)
In paragraph 2(1)—

(a)
for “four members” substitute “three members”;

(b)
for “relevant police authority” (in the first place) substitute “relevant

local policing body”;

(c)
in sub-paragraph (b), at the end insert “and”;

(d)
omit sub-paragraph (c).

      (3)
In paragraph 9, for “relevant police authority” (in each place) substitute

“relevant local policing body”.

      (4)
In paragraph 10(b), for “relevant police authority” means the police authority”

substitute “relevant local policing body” means the local policing body”.

Part 2

Greater London Authority Act 1999

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

50
The Greater London Authority Act 1999 is amended in accordance with this

Part.

51
In section 45 (Mayor’s periodic report to Assembly), in subsection (7)(b), for

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

Crime”.

52
In section 54 (discharge of functions by committees or single members), omit

subsection (6).

53
In section 61 (power to require attendance at Assembly meetings), in

subsection (12), omit paragraph (a).

54
In section 86 (provisions supplemental to section 85), in subsection (2), for

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

Crime”.

55  (1)
Section 90 (the special item for the purposes of section 89) is amended as

follows.

      (2)
In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s

Office for Policing and Crime”.

      (3)
In subsection (2)—

(a)
for “Metropolitan Police Authority” (in each place) substitute

“Mayor’s Office for Policing and Crime”;

(b)
in paragraph (b), for “that Authority” substitute “that Office”.

56
In section 389 (the Superannuation Act 1972), in subsection (1)(d), for

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

Crime”.

57
In section 404 (discrimination), in subsection (1)(b), for “Metropolitan Police

Authority” substitute “Mayor’s Office for Policing and Crime”.

58
In section 408 (transfers of property, rights or liabilities), in subsection (2), for

paragraph (f) substitute—

“(f)
a police and crime commissioner;”.

59
In section 411 (pensions), omit subsection (9).

60
In section 419 (taxation), in subsection (1)(b), for “Metropolitan Police

Authority” substitute “Mayor’s Office for Policing and Crime”.

61
In Schedule 4 (exercise of functions during vacancy or temporary incapacity

of Mayor), omit—

(a)
paragraph 9, and

(b)
paragraph 17.

Part 3

Other enactments

Tramways Act 1870

62
In the Tramways Act 1870, in the heading of section 61 (power for local or

police authorities to regulate traffic in roads), for “local or police authorities”

substitute “local authorities and police”.

Riot (Damages) Act 1886

63
In the Riot (Damages) Act 1886, in section 9 (definitions), in paragraph (c) of

the definition of “compensation authority”, for “police authority” substitute

“local policing body”.

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

Police (Property) Act 1897

64  (1)
In the Police (Property) Act 1897, section 2 (regulations with respect to

unclaimed property in possession of police) is amended as follows.

      (2)
In subsection (2A)—

(a)
for “relevant authority” (in each place) substitute “relevant body”;

(b)
in paragraph (d), for “the authority” substitute “the relevant body”.

      (3)
In subsection (2B)—

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

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

Licensing Act 1902

65
In the Licensing Act 1902, in section 6 (prohibition on sale of liquor to persons

declared to be habitual drunkards), for “police authority” (in each place)

substitute “local policing body”.

Local Government (Emergency Provisions) Act 1916

66
In the Local Government (Emergency Provisions) Act 1916, in section 21

(interpretation), after “Provided that where any such authority is” insert “a

local policing body or”.

Police, Factories, &c (Miscellaneous Provisions) Act 1916

67  (1)
In the Police, Factories, &c (Miscellaneous Provisions) Act 1916, section 5

(regulation of street collections) is amended as follows.

      (2)
In subsection (1A), for paragraph (b) substitute—

“(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”—

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

(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;”.

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”.

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

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.”.

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”.

Public Bill Committee Proceedings: 17 February 2011
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Police Reform and Social Responsibility Bill, continued

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

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;”.



© Parliamentary copyright	Revised 18 February 2011