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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 2 — Transfer schemes

158

 

      (2)  

A transfer scheme may provide for the transfer to the chief officer of the

rights, powers, duties and liabilities of the employer under or in connection

with the contract of employment of a person who becomes a member of the

civilian staff of the police force.

      (3)  

A transfer scheme may provide for the transfer to a local authority of the

5

rights, powers, duties and liabilities of the employer under or in connection

with the contract of employment of a person who becomes a member of the

staff of that local authority.

      (4)  

A transfer scheme may make provision—

(a)   

for periods before a person became a member of the staff of the new

10

policing body to count as periods of employment with that body,

and

(b)   

for periods before a person became a member of the staff of the new

policing body, and the period after the person became a member of

the staff of the new policing body, to count as a period of continuous

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employment.

      (5)  

A transfer scheme may make provision—

(a)   

for periods before a person became a member of the civilian staff of

the police force to count as periods of employment with the chief

officer, and

20

(b)   

for periods before a person became a member of the civilian staff of

the police force, and the periods after the person became a member

of the civilian staff of the police force, to count as a period of

continuous employment.

      (6)  

A transfer scheme may make provision—

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(a)   

for periods before a person became a member of the staff of a local

authority to count as periods of employment with that local

authority, and

(b)   

for periods before a person became a member of the staff of a local

authority, and the period after the person became a member of the

30

staff of the local authority, to count as a period of continuous

employment.

9     (1)  

A transfer scheme may provide for a person who—

(a)   

is employed by the existing police authority under section 15 of the

Police Act 1996, and

35

(b)   

would otherwise, by the operation of the scheme, become—

(i)   

a member of the staff of the new policing body,

(ii)   

a member of the civilian staff of the police force, or

(iii)   

a member of staff of a local authority,

           

not to become such a member of staff if the person gives notice objecting to

40

the operation of the scheme in relation to the person.

      (2)  

A person who would (but for this sub-paragraph) be treated as being

dismissed by the operation of a transfer scheme (whether by an enactment

or otherwise) is to be treated as not being so dismissed.

      (3)  

Sub-paragraph (2) does not apply to a person who, by virtue of sub-

45

paragraph (1), does not become a member of staff.

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 3 — Other transitional provision

159

 

Property, rights and liabilities etc

10    (1)  

A transfer scheme may provide for the transfer of property, rights and

liabilities of the existing police authority to—

(a)   

the new policing body, or

(b)   

the chief officer.

5

      (2)  

The scheme may—

(a)   

create rights, or impose liabilities, in relation to property, rights and

liabilities transferred by virtue of the scheme, and

(b)   

apportion property, rights and liabilities between the new policing

body and the chief officer.

10

      (3)  

The scheme may provide for things done by or in relation to the existing

policing body, its staff, or the members of the police force, to be—

(a)   

treated as done by, or in relation to, or

(b)   

continued by, or in relation to,

           

the new policing body, the staff of the new policing body, the chief officer,

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the civilian staff of the police force, or the members of the police force.

      (4)  

The scheme may make provision about the continuation of legal

proceedings.

11         

A transfer scheme may provide for the new policing body, or the chief

officer, to make any payment which—

20

(a)   

before a day specified in the scheme could have been made out of the

police fund of the existing police body, but

(b)   

is not a liability which can be transferred by virtue of paragraph 10.

Supplementary

12    (1)  

A transfer scheme my contain further provision in connection with any of

25

the matters to which paragraphs 6 to 11 relate.

      (2)  

A transfer scheme may contain incidental, consequential, supplemental,

transitional and saving provision.

13    (1)  

A transfer scheme may contain provision—

(a)   

for the Secretary of State, or any other person nominated by or in

30

accordance with the scheme, to determine any matter requiring

determination under or in consequence of the scheme, and

(b)   

as to the payment of fees charged, or expenses incurred, by any

person nominated to determine any matter by virtue of sub-

paragraph (a).

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Part 3

Other transitional provision

Politically restricted posts

14    (1)  

This paragraph applies to a person if—

(a)   

by virtue of a transfer scheme, the person ceases to be a member of

40

the staff of an existing police authority and becomes a member of

staff of a new policing body (the “transferred employment”), and

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 3 — Other transitional provision

160

 

(b)   

the duties which the person carries out as a member of staff of the

new policing body are the same, or substantially the same, as the

duties the person carried out as a member of staff of the existing

policing authority.

      (2)  

Section 1 of the Local Government and Housing Act 1989 (politically

5

restricted posts) does not apply to the person by virtue of the person holding

the transferred employment.

Continuity

15    (1)  

The abolition of an existing police authority, the transfer or abolition of its

functions, and the transfer of its property, rights and liabilities, do not affect

10

the validity of anything done before the abolition or transfer.

      (2)  

Sub-paragraphs (3) to (5) apply where any functions, property, rights or

liabilities are transferred by or under this Act from an existing police

authority (the “transferor”) to another person (the “transferee”).

      (3)  

There may be continued in relation to the transferee anything (including

15

legal proceedings) which—

(a)   

relates to any of the functions, property, rights or liabilities

transferred, and

(b)   

is in the process of being done by or in relation to the transferor

immediately before the transfer takes effect.

20

      (4)  

Anything which—

(a)   

was made or done by or in relation to the transferor for the purposes

of, or otherwise in connection with, any of the functions, property,

rights or liabilities transferred, and

(b)   

is in effect immediately before the transfer takes effect,

25

           

has effect as if made or done by or in relation to the transferee.

      (5)  

The transferee is to be substituted for the transferor in any instruments,

contracts or legal proceedings which—

(a)   

relate to any of the functions, property, rights or liabilities

transferred, and

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(b)   

are made or commenced before the transfer takes effect.

      (6)  

The Secretary of State may, by direction, determine any question under this

section as to—

(a)   

whether any particular functions, property, rights or liabilities are

transferred by or under this Act, or

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(b)   

the person to which any particular functions, property, rights or

liabilities are transferred by or under this Act.

      (7)  

The preceding provisions of this paragraph—

(a)   

are without prejudice to any power to make a transfer scheme, and

(b)   

are subject to the provisions of any transfer scheme.

40

      (8)  

In this paragraph a reference to the transfer of a function of an existing police

authority includes a reference to the abolition of the function and the

conferral of a corresponding function on another person.

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 4 — Interpretation

161

 

Power to make transitional provision etc

16         

The Secretary of State may, by order, make such transitional and transitory

provision, and savings, as the Secretary of State considers appropriate in

connection with the abolition of the existing police authorities.

Part 4

5

Interpretation

17         

In this Schedule—

“chief officer” means—

(a)   

in relation to a police area listed in Schedule 1 to the Police

Act 1996, the chief constable established for that police area

10

under section 2 of this Act;

(b)   

in relation to the metropolitan police district, the

Commissioner of Police of the Metropolis established under

section 4;

“existing police authority” means—

15

(a)   

in relation to a police area listed in Schedule 1 to the Police

Act 1996, the police authority established under section 3 of

that Act for that area;

(b)   

in relation to the metropolitan police district, the

Metropolitan Police Authority;

20

“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

council;

“new policing body” means—

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(a)   

in relation to a police area listed in Schedule 1 to the Police

Act 1996, the police and crime commissioner for that area;

(b)   

in relation to the metropolitan police district, the Mayor’s

Office for Policing and Crime;

“police force” means—

30

(a)   

in relation to a police area listed in Schedule 1 to the Police

Act 1996, the police force maintained for that area under

section 2 of that Act;

(b)   

in relation to the metropolitan police district, the

metropolitan police force;

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“transfer scheme”, in relation to an existing police authority, means a

scheme for transferring staff, property, rights or liabilities of that

authority.

 
 

 
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Revised 18 February 2011