Police Reform and Social Responsibility Bill

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments
131

after paragraph (f) insert “and
(g)
elections of police and crime commissioners in England and
Wales.”
Police Act 1996
4
The Police Act 1996 is amended as follows.
5
5     (1)
Section 32 (power to alter police areas by order) is amended as follows.
      (2)
In subsection (3)(a), for “police authority” substitute “local policing body”.
      (3)
In subsection (4), after “ensure that” insert “no police area falls partly in
England and partly in Wales and that”.
6
In section 33(1)(a) (objection to alterations proposed by Secretary of State)
10
for “police authority” substitute “local policing body”.
7     (1)
Section 34 (orders altering police areas: supplementary provisions) is
amended as follows.
      (2)
For subsection (1)(a), substitute—
“(a)
provision as to who is to be a police and crime
15
commissioner;”.
      (3)
After subsection (1) insert—
“(1A)
Provision falling within subsection (1)(a) includes, in particular—
(a)
provision for the police and crime commissioner for a police
area affected by the order to become the police and crime
20
commissioner for a police area resulting from the order;
(b)
provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
order.”
      (4)
In subsection (2)—
25
(a)
omit “and” at the end of paragraph (a), and
(b)
after paragraph (b) insert “and
“(c)
to apply (with or without modification) any provision
of, or made under, Chapter 6 of Part 1 of the Police
Reform and Social Responsibility Act 2011.”
30
      (5)
After subsection (2) insert—
“(2A)
An order under section 32 which includes provision within
subsection (1A)(b) may, in particular require the election in question
to be held before the alteration of police areas takes effect.”
Political Parties, Elections and Referendums Act 2000
35
8
The Political Parties, Elections and Referendums Act 2000 is amended as
follows.
9
In section 5 (reports on elections and referendums)—
(a)
in subsection (2), after paragraph (e) insert—
“(f)
an ordinary election of police and crime
40
commissioners.”;

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments
132

(b)
in subsection (2A), omit “or” after paragraph (b), and after paragraph
(c) insert “or
(d)
an election held under section 51 of the Police Reform
and Social Responsibility Act 2011 (election to fill
vacancy in office of police and crime commissioner),”.
5
10
In section 6A (attendance of representatives of Commission at elections), in
subsection (5), after paragraph (d) insert—
“(da)
an election under section 51 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
police and crime commissioner);”.
10
11
In section 7 (Commission to be consulted on changes to electoral law), in
subsection (2), after paragraph (h) insert—
“(ha)
an order under subsection (1)(b) of section 54 of the Police
Reform and Social Responsibility Act 2011 (designations of
returning officers for elections of persons as police and crime
15
commissioners in England and Wales);
(hb)
regulations under subsection (2) of that section (functions of
returning officers and local returning officers for such
elections);
(hc)
an order under section 58 of that Act (conduct of elections of
20
persons as police and crime commissioners in England and
Wales);”.
12
In section 8 (powers with respect to elections exercisable only on
Commission recommendation), in subsection (3), after paragraph (c)
insert—
25
“(d)
the making of orders under section 58 of the Police Reform
and Social Responsibility Act 2011 so far as relating to the
matters mentioned in subsection (2)(d) of that section
(limitation of expenses in connection with elections of
persons as police and crime commissioners in England and
30
Wales).”
13
In section 9A (setting of performance standards), in subsection (6), after
paragraph (d) insert—
“(da)
an election under section 51 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
35
police and crime commissioner);”.
14
In section 22 (parties to be registered in order to field candidates at
elections), in subsection (5), after paragraph (e) insert—
“(ea)
elections of police and crime commissioners,”.
Local Government and Public Involvement in Health Act 2007
40
15    (1)
Section 15 of the Local Government and Public Involvement in Health Act
2007 (structural and boundary change in England: incidental etc provision
in orders or regulations) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), for “police authority” in both places where it occurs
45
substitute “local policing body”;

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies
133

(b)
after paragraph (f) insert—
“(fa)
as to who is to be a police and crime commissioner;”.
      (3)
After subsection (1) insert—
“(1A)
Provision falling within subsection (1)(fa) includes, in particular—
(a)
provision for the police and crime commissioner for a police
5
area affected by an order by virtue of provision made under
section 11(4)(g) to become the police and crime commissioner
for a police area resulting from the order;
(b)
provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
10
order.”
      (4)
After subsection (3) insert—
“(3A)
Without prejudice to subsection (2), an order under section 7 or 10
which includes provision within subsection (1A)(b) may, in
particular, require the election in question to be held before the
15
alteration of police areas takes effect.”
Schedule 11
Section 89

Crime and disorder strategies
1
The Crime and Disorder Act 1998 is amended as follows.
2     (1)
Section 5 (authorities responsible for strategies) is amended as follows.
20
      (2)
Omit subsection (1)(c).
      (3)
For subsections (1A) and (1B) substitute—
“(1A)
The relevant local policing body in relation to two or more local
government areas may make a combination agreement with the
responsible authorities in relation to those areas (the “combined
25
area”).
(1B)
A combination agreement is an agreement for the functions
conferred by or under section 6 or by section 7 to be carried out in
relation to the combined area as if it constituted only one local
government area.
30
(1BA)
The responsible authorities in relation to a combined area are all the
persons who are the responsible authorities in relation to each local
government area that falls within the combined area.
(1BB)
Section 5A contains further provision about the making and contents
of combination agreements.”.
35
      (4)
In subsection (1C) for “An order under subsection (1A) above” substitute “A
combination agreement”.
      (5)
In subsection (1D), in the definition of “crime and disorder scrutiny
functions”, for “an order under subsection (1A) above” substitute “a
combination agreement”.
40

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies
134

      (6)
After subsection (1D) insert—
“(1E)
The “relevant local policing body”, in relation to a combined area,
is—
(a)
if the area falls (wholly or partly) within the police area of a
police and crime commissioner, the commissioner,
5
(b)
if the area falls (wholly or partly) within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and
(c)
if the area falls partly within the City of London, the Secretary
of State.
(1F)
If there is more than one relevant local policing body in relation to a
10
combined area by virtue of subsection (1E), the references in
subsection (1A) above and section 5A(2) to the relevant local policing
body in relation to the combined area are references to each of the
relevant local policing bodies for that area acting jointly.”.
      (7)
In subsection (2) for “those functions” substitute “the functions conferred by
15
or under section 6”.
      (8)
In subsection (5), omit—
(a)
the word “and” at the end of the definition of “fire and rescue
authority”, and
(b)
the definition of “police authority”.
20
3
After section 5 insert—
“5A
Combination agreements: further provision
(1)
A combination agreement for a combined area may only be made if
every responsible authority in relation to that area is a party to the
agreement.
25
(2)
The relevant local policing body for a combined area may enter into
a combination agreement for that area only if it considers that it
would be in the interests of one or more of the following to do so—
(a)
reducing crime and disorder;
(b)
reducing re-offending;
30
(c)
combating the misuse of drugs, alcohol and other substances.
(3)
Subsections (4) to (6) apply if a combined area in relation to a
combination agreement includes (wholly or party) the area of more
than one police area.
(4)
The combination agreement must include arrangements for securing
35
effective and efficient co-operation—
(a)
between each of the relevant local policing bodies in relation
to the combined area, and
(b)
between the responsible authorities for the area and those
relevant local policing bodies.
40
(5)
The Secretary of State must be a party to the agreement (if not
already a party by virtue of being a relevant local policing body in
relation to the combined area).
(6)
The Secretary of State may enter into the agreement only if the
Secretary of State—
45

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies
135

(a)
considers that it would be in the interests of one or more of
the matters mentioned in subsection (2), and
(b)
is satisfied that the arrangements mentioned in subsection (4)
are adequate for the purposes of securing effective and
efficient co-operation in the carrying out of functions under
5
section 6.
(7)
In the case of a combination agreement relating to local government
areas in Wales—
(a)
if the combined area includes (wholly or partly) the area of
one police area, the police and crime panel for that police area
10
must be a party to the combination agreement; or
(b)
if the combined area includes (wholly or partly) the area of
two or more police areas, the police and crime panels for all
of the police areas must be parties to the agreement.
(8)
A combination agreement—
15
(a)
must be in writing, and
(b)
may be varied by a further combination agreement.
(9)
A combination agreement may be terminated by agreement in
writing between the parties to it; and subsection (2), and (as the case
may be) (6)(a), applies to an agreement under this subsection.
20
(10)
In this section “combination agreement”, “combined area” and
“relevant local policing body” have the same meanings as in section
5.”.
4     (1)
Section 6 (formulation and implementation of strategies) is amended as
follows.
25
      (2)
In subsection (3) after paragraph (c) insert—
“(ca)
the conferring of functions on a police and crime
commissioner in relation to the formulation and
implementation of a strategy for any local government area
that lies in the police area of the commissioner;”.
30
      (3)
After subsection (4) insert—
“(4A)
Provision under subsection (3)(ca) may include provision—
(a)
for a police and crime commissioner to arrange for meetings
to be held for the purpose of assisting in the formulation and
implementation of any strategy (or strategies) that the
35
commissioner may specify that relate to any part of the police
area of the commissioner,
(b)
for the commissioner to chair the meetings, and
(c)
for such descriptions and numbers of persons to attend the
meetings as the commissioner may specify (including, in
40
particular, representatives of the responsible authorities in
relation to the strategies to be discussed at the meetings).”.
5     (1)
Section 7 (supplemental) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” (in the first place) substitute “relevant local
45
policing body for that area”, and

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies
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(b)
for “the Secretary of State” (in the second place) substitute “that
body”.
      (3)
After subsection (1) insert—
“(1A)
The relevant local policing body in relation to a local government
area may require a report under subsection (1) only if—
5
(a)
the conditions in subsection (1B) are met, and
(b)
where applicable, the condition in subsection (1C) is also met.
(1B)
The conditions referred to in subsection (1A)(a) are that—
(a)
the body is not satisfied that the responsible authorities for
the area are carrying out their functions under section 6 in an
10
effective and efficient manner, and
(b)
the body considers it is reasonable and proportionate in all
the circumstances to require a report.
(1C)
The condition referred to in subsection (1A)(b) is that, in the case of
a local government area in Wales, the relevant local policing body
15
has obtained the consent of the relevant police and crime panel to the
issuing of the requirement.”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “relevant local policing body”, and
(b)
for “him” substitute “the body”.
20
      (5)
After subsection (3) insert—
“(4)
“Relevant local policing body”, in relation to a local government
area, means—
(a)
if the area (or any part of it) falls within the police area of a
police and crime commissioner, the commissioner,
25
(b)
if the area (or any part of it) falls within the metropolitan
police district, the Mayor’s Office for Policing and Crime, and
(c)
if the area (or any part of it) is the City of London, the
Secretary of State.
(5)
“Relevant police and crime panel”, in relation to the relevant local
30
policing body for a police area in Wales, means the police and crime
panel for that police area.
(6)
If there is more than one relevant local policing body in relation to a
combined area that is to be treated as one local government area
under a combination agreement (see section 5(1A))—
35
(a)
a report submitted under subsection (1) is to be submitted to
each of the relevant local policing bodies for the combined
area, and
(b)
references in this section to any requirement or arrangement
made by the relevant local policing body are references to a
40
requirement or arrangement made by each of the relevant
local policing bodies for the combined area acting jointly.”.