House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 17 February 2011
173

Police Reform and Social Responsibility Bill, continued

“(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”.

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”.

Public Bill Committee Proceedings: 17 February 2011
174

Police Reform and Social Responsibility Bill, continued

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;”.

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—

Public Bill Committee Proceedings: 17 February 2011
175

Police Reform and Social Responsibility Bill, continued

“(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

Added  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”.

3
In Schedule 2 (the Independent Police Complaints Commission), in paragraph

10 (proceedings), omit sub-paragraph (6).

Complaints about policing

4
Omit section 14 (direction and control matters).

5    (1)
In section 29(1) (interpretation of Part 2), in the definition of “conduct” in

subsection (1), for “and statements” substitute “, statements and decisions”.

      (2)
In Schedule 3 (handling of complaints and conduct matters), in paragraph 4

(reference of complaints to the Commission), after sub-paragraph (7) insert—

  “(8)
In a case where—

(a)
a complaint relates to a direction and control matter, and

(b)
there is no obligation under this paragraph for the

appropriate authority to refer the complaint to the

Commission,


the appropriate authority may refer the complaint to the

Commission under this paragraph only if the Commission

consents.”.

6
In consequence of paragraph 4—

(a)
in section 10 (general functions of the Commission), omit subsection

(8);

(b)
in section 13 (handling of complaints, conduct matters and DSI

matters etc), omit “subject to section 14(1)”.

Public Bill Committee Proceedings: 17 February 2011
176

Police Reform and Social Responsibility Bill, continued

Power of local policing body to direct chief officer of police to comply with obligations

7
In section 15 (general duties of local policing bodies, chief officers and

inspectors), after subsection (2) insert—

“(2A)
Subsection (2B) applies in a case where it appears to a local policing

body that—

(a)
an obligation to act or refrain from acting has arisen by or

under this Part,

(b)
that obligation is an obligation of the chief officer of police of

the police force which is maintained by the local policing

body, and

(c)
the chief officer has not yet complied with that obligation, or

has contravened it.

(2B)
The local policing body may direct the chief officer to take such steps

as the local policing body thinks appropriate.

(2C)
The chief officer must comply with any direction given under

subsection (2B).”.

Initial handling and recording of complaints

8    (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 2

(initial handling and recording of complaints) is amended in accordance with

this paragraph.

      (2)
For sub-paragraph (1) substitute—

  “(1)
Where a complaint is made to the Commission, it shall give

notification of the complaint to the appropriate authority.

    (1A)
But the Commission need not give that notification if the

Commission considers that there are exceptional circumstances that

justify its not being given”.

      (3)
Omit sub-paragraph (4).

      (4)
In sub-paragraph (5)—

(a)
in the words before sub-paragraph (a)—

(i)
omit the words from “or the Commission” to “sub-paragraph

(4)”;

(ii)
omit “or, as the case may be, the Commission”;

(b)
omit sub-paragraph (b) (and the word “or” preceding it).

      (5)
After sub-paragraph (7) insert—

  “(8)
Nothing in this paragraph shall require the recording by any person

of any complaint about any conduct if that person considers that the

complaint falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes of this

paragraph.”.

Handling of complaints by the appropriate authority

9    (1)
In Schedule 3 (handling of complaints and conduct matters), for paragraph 6

(handling of complaints by the appropriate authority) substitute—

“6  (1)
This paragraph applies where a complaint has been recorded by the

appropriate authority.

Public Bill Committee Proceedings: 17 February 2011
177

Police Reform and Social Responsibility Bill, continued

      (2)
But this paragraph does not apply to a complaint if it is one that has

been, or must be, referred to the Commission under paragraph 4,

unless the complaint is for the time being—

(a)
referred back to the authority under paragraph 5, or

(b)
the subject of a determination under paragraph 15.

      (3)
Subject to paragraph 7, the appropriate authority shall determine

whether or not the complaint is suitable for being subjected to local

resolution.

      (4)
If the appropriate authority determines that the complaint is suitable

for being subjected to local resolution, it shall make arrangements

for it to be so subjected.

      (5)
If the appropriate authority determines that the complaint is not so

suitable, it shall make arrangements for the complaint to be

investigated by the authority on its own behalf.

      (6)
A determination that a complaint is suitable for being subjected to

local resolution may not be made unless the following conditions

are both met.

      (7)
The first condition is that the appropriate authority is satisfied that

the conduct complained of (even if it were proved) would not

justify the bringing of any criminal or disciplinary proceedings

against the person whose conduct is complained of.

      (8)
The second condition is that the appropriate authority is satisfied

that the conduct complained of (even if it were proved) would not

involve the infringement of a person’s rights under Article 2 or 3 of

the Convention (within the meaning of the Human Rights Act

1998).

      (9)
In a case where this paragraph applies to a complaint by virtue of

sub-paragraph (2)(b), a determination that the complaint is suitable

for being subjected to local resolution may not be made unless the

Commission approves the determination.

    (10)
No more than one application may be made to the Commission for

the purposes of sub-paragraph (9) in respect of the same complaint.

    (11)
Sub-paragraph (9) (where applicable) is in addition to sub-

paragraphs (6) to (8).”.

      (2)
In paragraph 7(6)(a) of that Schedule, for “paragraph 6(2)” substitute

“paragraph 6(3)”.

Disapplication of requirements of Schedule 3 to 2002 Act

10  (1)
Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

      (2)
In the italic heading that precedes paragraph 7 (dispensation by the

Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation

by the Commission from” substitute “Disapplication of”.

      (3)
Paragraph 7 is amended in accordance with the following provisions of this

paragraph.

      (4)
In sub-paragraph (1), omit “apply to the Commission, in accordance with the

regulations, for permission to”.

      (5)
After sub-paragraph (1) insert—



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