Session 2010 - 11
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 17 February 2011        

140

 

Police Reform and Social Responsibility Bill, continued

 
 

      (4)  

After sub-paragraph (a), insert—

 

“(aa)    

service as a member of staff of a police and crime

 

commissioner;

 

(ab)    

service as a member of staff of the Mayor’s Office for

 

Policing and Crime;

 

(ac)    

service as a member of the civilian staff of a police force;

 

or”.

 

      (5)  

In paragraph (b), for “by such a” substitute “by a chief constable established

 

under section 2 of the Police Reform and Social Responsibility Act 2011, by

 

the Commissioner of Police of the Metropolis or by a”.

 

      (6)  

After paragraph (b) insert—

 

         

“In this paragraph—

 

(a)    

references to the staff of a police and crime commissioner,

 

the staff of the Mayor’s Office for Policing and Crime, and

 

the civilian staff of a police force, have the same meanings

 

as in Part 1 of the Police Reform and Social Responsibility

 

Act 2011;

 

(b)    

“police force” includes the metropolitan police force.”.

 

100      

In paragraph 52, after “A pension payable by” insert “a police and crime

 

commissioner, the Mayor’s Office for Policing and Crime, a chief constable

 

established under section 2 of the Police Reform and Social Responsibility Act

 

2011, the Commissioner of Police of the Metropolis or”.

 

101      

In Schedule 6 (employments relevant to section 13(2)(a)), in sub-paragraph

 

(c)—

 

(a)    

after “Metropolitan Police Authority” insert “or the Mayor’s Office

 

for Policing and Crime”;

 

(b)    

after “employment” insert “before the repeal of section 14(4) of the

 

Police Act 1996”;

 

(c)    

after “Fund” insert “or employment after that repeal”.

 

Local Government Act 1972

 

102      

The Local Government Act 1972 is amended as follows.

 

103      

In section 60 (procedure for reviews), in subsection (2)(a)(i) and (c) and

 

subsection (5)(b), for “police authority” substitute “police and crime

 

commissioner”.

 

104      

In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit the

 

words from “and a police authority” to “Metropolitan Police Authority”.

 

105      

In section 99 (meetings and proceedings of local authorities), omit the words

 

from “police authorities” to “Metropolitan Police Authority,”.

 

106(1)  

Section 100J (application to new authorities, Common Council, etc) is

 

amended in accordance with this paragraph.

 

      (2)  

In subsection (1), omit paragraphs (e) and (eza).

 

      (3)  

In subsection (3), omit “, (e), (eza)”.

 

      (4)  

In subsection (4)(a)—

 

(a)    

after “economic prosperity board,” insert “or”;

 

(b)    

omit the words from “or a police authority” to “Metropolitan Police

 

Authority”.

 

107      

In section 101 (arrangements for discharge of functions by local authorities),

 

in subsection (13) omit “except a police authority”.

 

108(1)  

Section 107 (application of foregoing provisions to police authorities) is

 

amended as follows.


 
 

Public Bill Committee Proceedings: 17 February 2011        

141

 

Police Reform and Social Responsibility Bill, continued

 
 

      (2)  

In the title, for “police authorities” substitute “the Common Council”.

 

      (3)  

For subsection (1) substitute—

 

“(1)    

In their application to the Common Council as police authority,

 

sections 101 to 106 shall have effect subject to the following

 

provisions of this section (and in those provisions references to the

 

Common Council are references to the Council as police authority).”.

 

      (4)  

In subsection (2)—

 

(a)    

for “A police authority” substitute “The Common Council”;

 

(b)    

for “another police authority” substitute “another local policing

 

body”;

 

(c)    

for “a police authority” substitute “the Common Council”.

 

      (5)  

In subsection (3)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for the words from “by” to the end substitute “by the Common

 

Council”.

 

      (6)  

In subsection (3A)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “the authority” substitute “the Common Council”;

 

(c)    

for “the authority’s” substitute “the Common Council’s”.

 

      (7)  

In subsection (3B)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “that authority” substitute “the Common Council”.

 

      (8)  

In subsection (4)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “the authority” substitute “the Common Council”.

 

      (9)  

In subsection (4A)(c), for “a police authority” substitute “the Common

 

Council”.

 

    (10)  

In subsection (5), for “a police authority” substitute “the Common Council”.

 

    (11)  

Omit subsection (7).

 

    (12)  

In subsection (8)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “any such authority or authorities” substitute “the Common

 

Council”;

 

(c)    

for the words from “by” to the end, substitute “by the Common

 

Council”.

 

109(1)  

Section 146A (Joint Authorities) is amended in accordance with this

 

paragraph.

 

      (2)  

In subsection (1)—

 

(a)    

after “joint waste authority,” insert “and”;

 

(b)    

omit the words from “a police authority” to “Metropolitan Police

 

Authority”.

 

      (3)  

Omit subsections (1A) to (1C).

 

110      

In section 223 (appearance of local authorities in legal proceedings), in

 

subsection (2), for the words from “police authority” to “Metropolitan Police

 

Authority” substitute “police and crime commissioner and the Mayor’s Office

 

for Policing and Crime”.

 

111      

In section 228 (inspection of documents), in subsection (7A)—

 

(a)    

after “economic prosperity board,” insert “or”;


 
 

Public Bill Committee Proceedings: 17 February 2011        

142

 

Police Reform and Social Responsibility Bill, continued

 
 

(b)    

omit the words from “or a police authority” to “Metropolitan Police

 

Authority”.

 

112      

In section 229 (photographic copies of documents), in subsection (8), 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”.

 

113      

In section 231 (service of notices on local authorities, etc), in subsection (4),

 

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”.

 

114      

In section 232 (public notices), in subsection (1A), 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”.

 

115      

In section 233 (service of notices by local authorities), in subsection (11), 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”.

 

116      

In section 234 (authentication of documents), in subsection (4), 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”.

 

117(1)  

Schedule 12 (meetings and proceedings of local authorities) is amended in

 

accordance with this paragraph.

 

      (2)  

In paragraph 6A(1)—

 

(a)    

after “economic prosperity board,” insert “or”;

 

(b)    

omit the words from “or a police authority” to “Metropolitan Police

 

Authority”.

 

      (3)  

In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes it.)

 

      (4)  

In paragraph 46, omit the words from “and a police authority” to “Metropolitan

 

Police Authority”.

 

Superannuation Act 1972

 

118(1)  

In the Superannuation Act 1972, in Schedule 1 (kinds of employment, etc,

 

referred to in section 1), the entries headed “Other Bodies” are amended in

 

accordance with this paragraph.

 

      (2)  

After the entry relating to employment by the Commissioner for Public

 

Appointments in Scotland, insert—

 

            

“Employment by the Commissioner of Police of the Metropolis.”.

 

      (3)  

For “The Metropolitan Police Authority.” substitute “Employment by the

 

Mayor’s Office for Policing and Crime.”.

 

Employment Agencies Act 1973

 

119      

In the Employment Agencies Act 1973, in section 13 (interpretation), in

 

subsection (7)—

 

(a)    

in paragraph (f), omit the words from “, a police authority” to “1996”;

 

(b)    

for paragraph (fa) substitute—

 

“(fa)    

the exercise by a police and crime commissioner of

 

any of the commissioner’s functions;

 

(fb)    

the exercise by the Mayor’s Office for Policing and

 

Crime of any of that Office’s functions;


 
 

Public Bill Committee Proceedings: 17 February 2011        

143

 

Police Reform and Social Responsibility Bill, continued

 
 

(fc)    

the exercise by a chief constable established under

 

section 2 of the Police Reform and Social

 

Responsibility Act 2011 of any of the chief

 

constable’s functions;

 

(fd)    

the exercise by the Commissioner of Police of the

 

Metropolis of any of the Commissioner’s functions;”.

 

Health and Safety at Work etc Act 1974

 

120(1)  

In the Health and Safety at Work etc Act 1974, section 51A (application of Part

 

to police) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

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

 

“means—

 

(i)    

the chief officer of police of that force, or

 

(ii)    

in the case of a member of the force or a

 

special 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,”;

 

(b)    

in paragraph (c), for “means the person who has the direction and

 

control of the body of constables or cadets in question” substitute

 

“means—

 

(i)    

the person who has the direction and control

 

of the body of constables or cadets in

 

question, or

 

(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”.


 
 

Public Bill Committee Proceedings: 17 February 2011        

144

 

Police Reform and Social Responsibility Bill, continued

 
 

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)—

 

(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;


 
 

Public Bill Committee Proceedings: 17 February 2011        

145

 

Police Reform and Social Responsibility Bill, continued

 
 

“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.”.

 

      (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”.


 
 

Public Bill Committee Proceedings: 17 February 2011        

146

 

Police Reform and Social Responsibility Bill, continued

 
 

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”.

 

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.”.


 
previous section contents continue
 

© Parliamentary copyright
Revised 18 February 2011