|
| |
|
after paragraph (f) insert “and |
| |
(g) | elections of police and crime commissioners in England and |
| |
| |
| |
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 |
| |
| |
(2) | For subsection (1)(a), substitute— |
| |
“(a) | provision as to who is to be a police and crime |
| 15 |
| |
(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 |
| |
| |
| 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 |
| |
| |
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 |
| |
|
| |
|
| |
|
(b) | in subsection (2A), omit “or” after paragraph (b), and after paragraph |
| |
| |
(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 |
| |
| |
(hc) | an order under section 58 of that Act (conduct of elections of |
| 20 |
persons as police and crime commissioners in England and |
| |
| |
12 | In section 8 (powers with respect to elections exercisable only on |
| |
Commission recommendation), in subsection (3), after paragraph (c) |
| |
| 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 |
| |
13 | In section 9A (setting of performance standards), in subsection (6), after |
| |
| |
“(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. |
| |
| |
(a) | in paragraph (a), for “police authority” in both places where it occurs |
| 45 |
substitute “local policing body”; |
| |
|
| |
|
| |
|
(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 |
| |
(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.” |
| |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
| |
(5) | In subsection (1D), in the definition of “crime and disorder scrutiny |
| |
functions”, for “an order under subsection (1A) above” substitute “a |
| |
| 40 |
|
| |
|
| |
|
(6) | After subsection (1D) insert— |
| |
“(1E) | The “relevant local policing body”, in relation to a combined area, |
| |
| |
(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 |
| |
| |
(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 |
| |
(8) | In subsection (5), omit— |
| |
(a) | the word “and” at the end of the definition of “fire and rescue |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
(7) | In the case of a combination agreement relating to local government |
| |
| |
(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 |
| |
| |
4 (1) | Section 6 (formulation and implementation of strategies) is amended as |
| |
| 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. |
| |
| |
(a) | for “Secretary of State” (in the first place) substitute “relevant local |
| 45 |
policing body for that area”, and |
| |
|
| |
|
| |
|
(b) | for “the Secretary of State” (in the second place) substitute “that |
| |
| |
(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.”. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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.”. |
| |
|
| |
|