Session 2010 - 11
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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

136

 

(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.”.

 
 

 
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Revised 18 February 2011