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
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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(b)
arrange for the Deputy Mayor for Policing and Crime to exercise a
function listed in subsection (7)(a), (e), (f), (g) or (h);
(c)
arrange, under subsection (2), for a person listed in subsection (6) to
exercise any function; or
(d)
arrange, under subsection (2), for a person to exercise a function listed
5
in subsection (7).
(4)
The Deputy Mayor for Policing and Crime may arrange for any other person
to exercise any function of that Office which is, in accordance with subsection
(3)(d), exercisable by the Deputy Mayor for Policing and Crime.
(5)
But the Deputy Mayor for Policing and Crime may not arrange for a person
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listed in subsection (6) to exercise any such function.
(6)
The persons referred to in subsections (3)(a) and (c) and (5) are—
(a)
a constable (whether or not in England and Wales);
(b)
a police and crime commissioner;
(c)
the Mayor of London;
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(d)
the Common Council of the City of London;
(e)
any other person or body which maintains a police force.
(7)
The functions mentioned in subsection (3) are—
(a)
issuing a police and crime plan (see section 6);
(b)
determining police and crime objectives (see section 7);
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(c)
attendance at a meeting of the police and crime panel of the London
Assembly in compliance with a requirement by the panel to do so (see
section 29);
(d)
preparing an annual report to the policing and crime panel of the
London Assembly (see section 12);
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(e)
making recommendations in relation to the appointment of a
Commissioner of Police of the Metropolis under section 42;
(f)
making representations in relation to the appointment of a Deputy
Commissioner of Police of the Metropolis under section 45;
(g)
being consulted in relation to the appointment or removal of an
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Assistant Commissioner of Police of the Metropolis, a Deputy Assistant
Commissioner of Police of the Metropolis, or a Commander (see
sections 45, 46, 47 and 49);
(h)
suspending the Commissioner, or Deputy Commissioner, of Police of
the Metropolis, or calling upon the Commissioner, or Deputy
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Commissioner, to retire or resign (see section 48).
(8)
If a function of the Mayor’s Office for Policing and Crime is exercisable by a
person in accordance with subsection (1), (2) or (4), any property or rights
vested in the Office may be dealt with by the other person in exercising the
function, as if vested in that person.
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(9)
Subsection (2) applies whether or not there is a Deputy Mayor for Policing and
Crime.
(10)
The Deputy Mayor for Policing and Crime is a member of the staff of the
Mayor’s Office for Policing and Crime.
(11)
But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly
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member).

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
16

(12)
The appointment of the Deputy Mayor for Policing and Crime is subject to
Schedule 4A to the Greater London Authority Act 1999.
(13)
For further provision about the appointment of the Deputy Mayor for Policing
and Crime, see paragraph 4 of Schedule 3.
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Deputy Mayor for Policing and Crime: confirmation hearings
5
(1)
The Greater London Authority Act 1999 is amended in accordance with this
section.
(2)
In section 60A (confirmation hearings etc for certain appointments by the
Mayor)—
(a)
in the title, at the end insert “or Mayor’s Office for Policing and
10
Crime”;
(b)
in subsection (3), omit the entry relating to the chairman and vice
chairman of the Metropolitan Police Authority;
(c)
for subsection (4) substitute—
“(4)
This section also applies in any case where the Mayor’s Office
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for Policing and Crime proposes to make an appointment,
under section 19 of the Police Reform and Social Responsibility
Act 2011, of a person to be the Deputy Mayor for Policing and
Crime.”.
(3)
In Schedule 4A (confirmation hearings etc), in paragraph 1 (application of
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Schedule), after sub-paragraph (2) insert—
    “(3)
This Schedule also has effect where the Mayor’s Office for Policing
and Crime proposes to make an appointment, under section 19 of the
Police Reform and Social Responsibility Act 2011, of a person to be
the Deputy Mayor for Policing and Crime.
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      (4)
In the application of this Schedule in relation to such an
appointment, references to the Mayor are to be read as references to
the Mayor’s Office for Policing and Crime.
      (5)
Paragraph 9 does not apply in relation to such an appointment (but
see section 32 of the Police Reform and Social Responsibility Act
30
2011).”.
Financial matters
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Police fund
(1)
Each elected local policing body must keep a fund to be known as the police
fund.
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(2)
All of an elected local policing body’s receipts must be paid into the relevant
police fund.
(3)
All of an elected local policing body’s expenditure must be paid out of the
relevant police fund.
(4)
An elected local policing body must keep accounts of payments made into or
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out of the relevant police fund.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
17

(5)
Subsections (2) and (3) are subject to any regulations under the Police Pensions
Act 1976.
(6)
In this section “relevant police fund”, in relation to an elected local policing
body, means the police fund which that body keeps.
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Minimum budget for police and crime commissioner
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(1)
Section 41 of the Police Act 1996 (directions as to minimum budget) is amended
as follows.
(2)
In subsection (1)—
(a)
for “a police authority established under section 3” substitute “a police
and crime commissioner”;
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(b)
for “the authority” substitute “the commissioner”;
(c)
for “its budget requirement” substitute “the commissioner’s budget
requirement”.
(3)
After subsection (1) insert—
“(1A)
But the Secretary of State may not give a direction to the police and
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crime commissioner for a police area by virtue of subsection (1) unless
the Secretary of State is satisfied that it is necessary to give the direction
in order to prevent the safety of people in that police area from being
put at risk.”.
(4)
In subsection (4)—
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(a)
for “a police authority” substitute “a police and crime commissioner”;
(b)
for “the authority” substitute “the commissioner”.
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Minimum budget for Mayor’s Office for Policing and Crime
(1)
The Greater London Authority Act 1999 is amended as follows.
(2)
Section 95 (minimum budget for Metropolitan Police Authority) is amended in
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accordance with subsections (3) to (7).
(3)
In the title, for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime”.
(4)
In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”;
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(5)
In subsection (2), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.
(6)
After subsection (2) insert—
“(2A)
But the Secretary of State may not give a direction to the Authority by
virtue of subsection (2) unless the Secretary of State is satisfied that it is
35
necessary to give the direction in order to prevent the safety of people
in the metropolitan police district from being put at risk.”.
(7)
In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each
place) substitute “Mayor’s Office for Policing and Crime”.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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(8)
In section 96 (provisions supplemental to section 95), in subsection (6), for
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and
Crime”.
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Police grant
(1)
Section 46 of the Police Act 1996 (police grant) is amended as follows.
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(2)
In subsection (1)—
(a)
for paragraph (a) substitute—
“(a)
police and crime commissioners,
(aa)
the Common Council, and”;
(b)
for the words after paragraph (b) substitute—
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“and in those provisions a reference to a grant recipient is a
reference to a police and crime commissioner, the Common
Council or the Greater London Authority.”.
(3)
In subsection (2)(b), for “authority” substitute “grant recipient”.
(4)
In subsection (4), for “police authorities” substitute “grant recipients”.
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(5)
In subsection (5), for “different authorities or different classes of authority”
substitute “different grant recipients or different classes of grant recipient”.
(6)
In subsection (7), for “police authority” substitute “grant recipient”.
(7)
In subsection (7A)—
(a)
for “Metropolitan Police Authority” substitute “Mayor’s Office for
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Policing and Crime”;
(b)
for “that Authority” substitute “that Office”.
(8)
In subsection (8)—
(a)
for “an authority’s” substitute “a grant recipient’s”;
(b)
for “the authority” substitute “the grant recipient”;
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(c)
for “an authority” substitute “a grant recipient”.
(9)
In subsection (9), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.
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Other grants etc under Police Act 1996
(1)
The Police Act 1996 is amended as follows.
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(2)
In section 47 (grants for capital expenditure)—
(a)
in subsection (1), for the words from “by” to “Authority”, substitute “by
local policing bodies”;
(b)
in subsection (4), for “by virtue of subsection (1)(b)” substitute “under
subsection (1) in respect of expenditure incurred (or to be incurred) by
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the Mayor’s Office for Policing and Crime”;
(c)
in subsection (5)—
(i)
for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime;
(ii)
for “that Authority” substitute “that Office”.
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(3)
In section 48 (grants for expenditure on safeguarding national security)—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
19

(a)
in subsection (1), for the words from “by” to “security”, substitute “by
local policing bodies in connection with safeguarding national
security”;
(b)
in subsection (4), for “by virtue of subsection (1)(b)” substitute “under
subsection (1) in respect of expenditure incurred (or to be incurred) by
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the Mayor’s Office for Policing and Crime”;
(c)
in subsection (5)—
(i)
for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime”;
(ii)
for “that Authority” substitute “that Office”.
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(4)
In section 92 (grants by local authorities)—
(a)
in subsection (1), for “police authority established under section 3”
substitute “police and crime commissioner”;
(b)
in subsection (2), for “Metropolitan Police Authority” substitute
“Mayor’s Office for Policing and Crime”.
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(5)
In section 93 (acceptance of gifts or loans)—
(a)
in subsection (1), for “police authority” substitute “local policing body”;
(b)
in subsection (2)—
(i)
for “police authority” substitute “local policing body”; and
(ii)
for “maintained by it” substitute “for which it is responsible”.
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(6)
Section 94 (financing of new police authorities) is amended as follows.
(7)
In the title, for “police authorities” substitute “police and crime
commissioners”.
(8)
In subsection (1)—
(a)
for “police authority established under section 3” substitute “police and
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crime commissioner”;
(b)
for “it” substitute “the commissioner”.
(9)
In subsection (2)—
(a)
for “police authority established under section 3” substitute “police and
crime commissioner”;
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(b)
for “it” substitute “the commissioner”;
(c)
for “its” (in both places) substitute “the commissioner’s”.
(10)
In subsection (3)—
(a)
for “an authority” substitute “a commissioner”;
(b)
for “its” substitute “the commissioner’s”.
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(11)
In subsection (4)—
(a)
for “a police authority” substitute “a police and crime commissioner”;
(b)
for “it” (in both places) substitute “the commissioner”.
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Precepts
(1)
The Local Government Finance Act 1992 is amended in accordance with
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subsections (2) and (3).
(2)
In section 39 (precepting and precepted authorities), in subsection (1) (major
precepting authorities), for paragraph (b) substitute—
“(b)
a police and crime commissioner;”.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
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(3)
In section 65 (duty to consult ratepayers), in subsection (3) (definition of
relevant authority), after “major precepting authority” insert “, apart from a
police and crime commissioner”.
(4)
Schedule 5 (issuing precepts) has effect.
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Other grants etc
5
(1)
Section 155 of the Local Government and Housing Act 1989 (emergency
financial assistance to local authorities) is amended in accordance with
subsections (2) and (3).
(2)
In subsection (1A) (grants to GLA functional bodies), for paragraph (b)
substitute—
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“(b)
the Mayor’s Office for Policing and Crime, or”.
(3)
In subsection (4) (meaning of local authority), for paragraph (ea) substitute—
“(ea)
a police and crime commissioner;”.
(4)
In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of
Part 3: expenditure grant), in subsection (1) (meaning of local authority), for
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paragraph (m) substitute—
“(m)
a police and crime commissioner.”.
Chapter 4
Accountability of elected local policing bodies
Scrutiny of police and crime commissioners
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Police and crime panels of local authorities
(1)
The local authority, or local authorities, covered by a police area must establish
a police and crime panel for that police area.
(2)
A police and crime panel must—
(a)
review the draft police and crime plan, or draft variations, given to the
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panel by the relevant police and crime commissioner in accordance
with section 5(6)(c), and
(b)
make a report or recommendations on the draft plan or variations to the
commissioner.
(3)
A police and crime panel must—
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(a)
arrange for a public meeting of the panel to be held as soon as
practicable after the panel is sent an annual report under section 12,
(b)
ask the elected local policing body, at that meeting, such questions
about the annual report as the members of the panel think appropriate,
(c)
review the annual report, and
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(d)
make a report or recommendations on the annual report to the
commissioner.
(4)
A police and crime panel has the functions conferred by Schedules 5 (issuing
precepts) and 8 (procedure for appointments by police and crime
commissioners).
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
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(5)
A police and crime panel must—
(a)
review or scrutinise decisions made, or other action taken, by the
relevant police and crime commissioner in connection with the
discharge of the commissioner’s functions; and
(b)
make reports or recommendations to the relevant police and crime
5
commissioner with respect to the discharge of the commissioner’s
functions,

insofar as the panel is not otherwise required to do so by subsections (2) or (3)
or by Schedule 5 or 8.
(6)
A police and crime panel must—
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(a)
publish any reports or recommendations made to the relevant police
and crime commissioner, and
(b)
send copies of any such reports or recommendations made under any
of subsections (2) to (4) to the local authority or local authorities
covered by the relevant police area.
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(7)
It is for the police and crime panel to determine the manner in which reports or
recommendations are to be published in accordance with subsection (6)(a).
(8)
Schedule 6 (police and crime panels) has effect.
(9)
A reference in this section to a local authority covered by a police area is a
reference to a local authority whose area falls wholly or partly within the police
20
area.
(10)
In this section—
“local authority” means—
(a)
in relation to England, a county council or a district council;
(b)
in relation to Wales, a county council or a county borough
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council;
“police area” means a police area listed in Schedule 1 to the Police Act 1996
(police areas outside London).
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Power to require attendance and information
(1)
A police and crime panel may require the relevant police and crime
30
commissioner, and members of that commissioner’s staff, to attend before the
panel (at reasonable notice) to answer any question which appears to the panel
to be necessary in order for it to carry out its functions.
(2)
A police and crime panel may require the relevant police and crime
commissioner to respond in writing (within a reasonable period determined by
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the panel) to any report or recommendation made by the panel to the
commissioner.
(3)
The police and crime commissioner must comply with any requirement
imposed by the panel under subsection (1) or (2).
(4)
Members of the staff of the police and crime commissioner must comply with
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any requirement imposed on them under subsection (1).
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Suspension of police and crime commissioner
(1)
A police and crime panel may suspend the relevant police and crime
commissioner if it appears to the panel that—