|
| |
|
| |
| |
Police reform: minor and consequential amendments |
| |
| |
| |
1 | The Police Act 1996 is amended in accordance with this Part. |
| 5 |
2 | For the italic cross-heading before section 1 substitute— |
| |
“Police areas and police forces”. |
| |
3 | Omit the italic cross-heading before section 2. |
| |
4 (1) | Section 2 (maintenance of police forces) is amended in accordance with this |
| |
| 10 |
(2) | The existing provision of section 2 becomes subsection (1) of that section. |
| |
(3) | After that subsection, insert— |
| |
“(2) | For further provision about the maintenance of those police forces, |
| |
see Chapter 1 of Part 1 of the Police Reform and Social Responsibility |
| |
| 15 |
| |
| |
(b) | the italic cross-heading before section 5A. |
| |
6 (1) | Section 5A (maintenance of the metropolitan police force) is amended in |
| |
accordance with this paragraph. |
| 20 |
(2) | The existing provision of section 5A becomes subsection (1) of that section. |
| |
(3) | After that subsection, insert— |
| |
“(2) | For further provision about the maintenance of the metropolitan |
| |
police force, see Chapter 2 of Part 1 of the Police Reform and Social |
| |
Responsibility Act 2011.”. |
| 25 |
| |
8 | Before section 6ZA insert the following cross-heading— |
| |
| |
9 | After that cross-heading insert— |
| |
“6AZA | Common Council to remain police authority for City |
| 30 |
| The Common Council of the City of London is to continue to be the |
| |
police authority for the City of London police area.”. |
| |
10 (1) | Section 6ZA (power to confer particular functions on police authorities) is |
| |
amended in accordance with this paragraph. |
| |
(2) | In the title, for “police authorities” substitute “the Common Council”. |
| 35 |
(3) | In subsection (1), for “police authorities” substitute “the Common Council”. |
| |
|
| |
|
| |
|
| |
(a) | for “a police authority” substitute “the Common Council”; |
| |
(b) | for “police force maintained for its area” substitute “the City of |
| |
| |
(c) | for “the authority” substitute “the Common Council”. |
| 5 |
(5) | In subsection (3), for paragraphs (a) and (b) substitute— |
| |
| |
(b) | the Commissioner of Police for the City of London, and”. |
| |
| |
11 (1) | Section 6ZB (plans by police authorities) is amended in accordance with this |
| 10 |
| |
(2) | In the title, for “police authorities” substitute “the Common Council”. |
| |
| |
(a) | for “every police authority” substitute “the Common Council”; |
| |
(b) | for “the authority’s” substitute “the Common Council’s”; |
| 15 |
(c) | for “its area” substitute “the City of London police area, and for the |
| |
discharge by the City of London Police of its national or international |
| |
| |
| |
(a) | for “a police authority” substitute “the Common Council”; |
| 20 |
(b) | for “relevant chief officer of police” substitute “Commissioner of |
| |
Police for the City of London”; |
| |
(c) | for “the authority” substitute “the Common Council”. |
| |
| |
(a) | for “a police authority” substitute “the Common Council”; |
| 25 |
(b) | for “relevant chief officer of police” (in the first place) substitute |
| |
“Commissioner of Police for the City of London”; |
| |
(c) | for “authority for” substitute “Common Council for”; |
| |
(d) | for “Authority shall” substitute “Common Council shall”; |
| |
(e) | for “relevant chief officer of police” (in the second place) substitute |
| 30 |
“Commissioner of Police for the City of London”. |
| |
(6) | In subsection (8), for paragraphs (a) and (b) substitute— |
| |
| |
(b) | the Commissioner of Police for the City of London, and”. |
| |
| 35 |
(8) | Omit subsection (11). |
| |
12 (1) | Section 6ZC (reports by police authorities) is amended in accordance with |
| |
| |
(2) | In the title, for “police authorities” substitute “the Common Council”. |
| |
| 40 |
(a) | for “police authorities” substitute “the Common Council”; |
| |
(b) | for “policing of their areas” substitute “discharge of the Common |
| |
| |
|
| |
|
| |
|
(4) | In subsection (3), for paragraphs (a) and (b) substitute— |
| |
| |
(b) | the Commissioner of Police for the City of London, and”. |
| |
| |
13 | Omit sections 8A to 9G. |
| 5 |
14 | Before section 9H insert the following cross-heading— |
| |
| |
15 | Omit sections 10 to 12A. |
| |
16 | Omit sections 14 to 17. |
| |
17 | Before section 18 insert the following cross-heading— |
| 10 |
| |
18 (1) | Section 18 (supply of goods and services) is amended in accordance with this |
| |
| |
(2) | In subsection (1), omit paragraph (a). |
| |
(3) | In subsection (1)(b)— |
| 15 |
(a) | for “shall also apply with that modification” substitute “shall,”; |
| |
(b) | at the end insert “, apply with the modification set out in subsection |
| |
| |
| |
(a) | for “A police authority” substitute “The Common Council in its |
| 20 |
capacity as police authority”; |
| |
(b) | for “another police authority” substitute “another local policing |
| |
| |
(c) | for “a police authority collaboration agreement” substitute “force |
| |
collaboration provision in a collaboration agreement”. |
| 25 |
19 | Omit sections 19 to 21. |
| |
20 | Omit the cross-heading “General provisions” before section 22. |
| |
21 (1) | Section 22 (reports by chief constables to police authorities) is amended as |
| |
| |
| 30 |
(a) | for “Every chief officer of police of a police force” substitute “The |
| |
Commissioner of Police for the City of London”; |
| |
(b) | for “police authority” substitute “Common Council”; |
| |
(c) | for the words from “the area” to “maintained” substitute “the City of |
| |
| 35 |
(3) | In subsection (2), for “A chief officer” substitute “The chief constable”. |
| |
| |
(a) | for “The chief officer of police of a police force” substitute “The |
| |
Commissioner of Police for the City of London”; |
| |
(b) | for “police authority” substitute “Common Council”; |
| 40 |
|
| |
|
| |
|
(c) | for “that authority” substitute “the Common Council”; |
| |
(d) | for “area for which the force is maintained” substitute “City of |
| |
| |
(5) | In subsection (4), for “police authority” substitute “Common Council”. |
| |
| 5 |
(a) | for “chief officer” substitute “Commissioner of Police for the City of |
| |
| |
(b) | for “police authority” substitute “Common Council”; |
| |
(c) | for “that authority” substitute “the Common Council”. |
| |
| 10 |
(a) | for “police authority” substitute “Common Council”; |
| |
(b) | for “the authority” substitute “the Common Council”. |
| |
22 | After section 22 insert the following cross-heading— |
| |
| |
23 (1) | Section 24 (aid of one police force by another) is amended as follows. |
| 15 |
(2) | In subsection (3), for “sections 9A and 10(1)” substitute “sections 2 and 4 of |
| |
the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)”. |
| |
(3) | For subsection (3A) substitute— |
| |
“(3A) | While a member of the civilian staff of a police force maintained |
| |
under section 2, or a member of the civilian staff of the metropolitan |
| 20 |
police force, is provided under this section for the assistance of |
| |
another police force, that member of staff is, notwithstanding section |
| |
2 or 4 of the 2011 Act, under the direction and control of the chief |
| |
officer of police of that other force.”. |
| |
| 25 |
(a) | for “police authority” (in both places) substitute “local policing |
| |
| |
(b) | for “those authorities” substitute “those bodies”; |
| |
(c) | for “police authorities” substitute “local policing bodies”. |
| |
| 30 |
(a) | for “police authority” substitute “local policing body”; |
| |
(b) | for “section 10(1)” substitute “sections 2 and 4 of the 2011 Act”. |
| |
24 | In section 25(1) (provision of special services)— |
| |
(a) | for “police authority” substitute “local policing body”; |
| |
(b) | for “that authority” substitute “that body”. |
| 35 |
25 (1) | Section 26 (provision of advice and assistance to international organisations |
| |
etc) is amended in accordance with this paragraph. |
| |
| |
(a) | for “police authority” substitute “local policing body”; |
| |
(b) | for “the authority” substitute “the body”. |
| 40 |
| |
(a) | for “police authority” substitute “local policing body”; |
| |
|
| |
|
| |
|
(b) | for “the authority” substitute “the body”. |
| |
(4) | In subsections (5) and (6), for “police authority” substitute “local policing |
| |
| |
26 | In section 27 (special constables), in subsection (2), for “police force |
| |
collaboration agreement” substitute “collaboration agreement”. |
| 5 |
27 | In section 28 (police cadets), in subsection (3)— |
| |
(a) | for “Without prejudice to subsection (2)” substitute “Accordingly”; |
| |
(b) | for “the police authority that maintains a police force” substitute “the |
| |
chief officer of a police force”. |
| |
28 (1) | Section 30 (jurisdiction of constables) is amended in accordance with this |
| 10 |
| |
| |
(a) | for “section 24” substitute “section 22A”; |
| |
(b) | for “police authority” substitute “local policing body”. |
| |
(3) | In subsection (3B), for “police force collaboration agreement under section |
| 15 |
23” substitute “collaboration agreement under section 22A”. |
| |
29 | For section 31 (rewards for diligence) substitute— |
| |
“31 | Rewards for diligence |
| |
(1) | The chief constable of a police force maintained under section 2 may |
| |
grant to members of that police force rewards for exceptional |
| 20 |
diligence or other specially meritorious conduct. |
| |
(2) | The Commissioner of Police of the Metropolis may grant to members |
| |
of the metropolitan police force rewards for exceptional diligence or |
| |
other specially meritorious conduct. |
| |
(3) | The Common Council may, on the recommendation of the |
| 25 |
Commissioner of Police for the City of London, grant out of the City |
| |
of London police fund to members of the City of London police force |
| |
rewards for exceptional diligence or other specially meritorious |
| |
| |
30 | In section 32 (power to alter police areas by order), in subsection (3)(a), for |
| 30 |
“police authority” substitute “local policing body”. |
| |
31 | In section 33 (objections to alterations proposed by Secretary of State), in |
| |
subsection (1)(a), for “police authority” substitute “local policing body”. |
| |
32 | In section 34 (orders altering police areas: supplementary provision), omit |
| |
| 35 |
33 (1) | Section 39A (codes of practice for chief officers) is amended as follows. |
| |
| |
| |
(a) | for the words from “preparing” to “Agency” substitute “issuing or |
| |
revising such a code, the Secretary of State”; |
| 40 |
|
| |
|
| |
|
(b) | for paragraph (a) substitute— |
| |
“(a) | such persons as appear to the Secretary of State to |
| |
represent the views of police and crime |
| |
| |
(aa) | the Mayor’s Office for Policing and Crime; |
| 5 |
(ab) | the Common Council;”; |
| |
(c) | for “it” substitute “the Secretary of State”. |
| |
34 (1) | Section 42A is amended in accordance with this paragraph. |
| |
(2) | In the title, for “removal of senior officers” substitute “exercise of powers |
| |
| 10 |
(3) | In subsection (1), omit “9E, 11 or”. |
| |
(4) | In subsection (2), for paragraph (a) substitute— |
| |
“(a) | the Mayor’s Office for Policing and Crime;”. |
| |
35 | In section 50 (regulations for police forces), in subsection (4)(a), for “police |
| |
authorities” substitute “local policing bodies”. |
| 15 |
36 | In section 51 (regulations for special constables), in subsection (3A)(a), for |
| |
“police authorities” substitute “local policing bodies”. |
| |
37 | In section 52 (regulations for police cadets), in subsection (1A)(a), for “police |
| |
authorities” substitute “local policing bodies”. |
| |
38 (1) | Section 53A (regulation of procedures and practices) is amended in |
| 20 |
accordance with this paragraph. |
| |
(2) | In subsection (2), omit paragraph (b) (and the word “and” at the end of |
| |
| |
(3) | In subsection (3), for paragraph (a) substitute— |
| |
“(a) | such persons as appear to the Secretary of State to represent |
| 25 |
the views of police and crime commissioners; |
| |
(aa) | the Mayor’s Office for Policing and Crime; |
| |
(ab) | the Common Council;”. |
| |
| |
(5) | In subsection (6), omit paragraph (a). |
| 30 |
39 (1) | Section 57 (common services) is amended in accordance with this |
| |
| |
(2) | In subsection (4), for paragraph (a) substitute— |
| |
“(a) | such persons as appear to the Secretary of State to represent |
| |
the views of police and crime commissioners, |
| 35 |
(aa) | the Mayor’s Office for Policing and Crime, |
| |
(ab) | the Common Council,”. |
| |
(3) | Omit subsections (5) and (6). |
| |
40 | In section 60 (regulations for Police Federations), in subsection (2)— |
| |
(a) | in paragraph (c), after “Federations to” insert “local policing bodies,”; |
| 40 |
(b) | in paragraph (d), after “provided by” insert “local policing bodies |
| |
| |
|
| |
|
| |
|
41 | In section 63 (Police Advisory Boards for England and Wales and for |
| |
Scotland), in subsection (2), after “interests” insert “of local policing bodies,”. |
| |
42 | In section 84 (representation etc at disciplinary and other proceedings), in |
| |
the definition of “relevant authority” in subsection (4)— |
| |
(a) | in paragraph (a), for “a senior officer” substitute “the chief officer of |
| 5 |
| |
(b) | in paragraph (b), for “a senior officer, the police authority” substitute |
| |
“the chief officer of police, the local policing body”. |
| |
43 | In section 87 (guidance concerning disciplinary proceedings etc), in |
| |
| 10 |
(a) | for paragraph (a) substitute— |
| |
“(a) | local policing bodies,”; |
| |
(b) | for paragraph (e), substitute— |
| |
“(e) | members of the civilian staff of a police force, |
| |
including the metropolitan police force (within the |
| 15 |
meaning of Part 1 of the Police Reform and Social |
| |
Responsibility Act 2011).”. |
| |
44 (1) | Section 88 (liability of wrongful acts of constables) is amended in accordance |
| |
| |
(2) | In subsections (2)(b) and (4), for “police authority” substitute “local policing |
| 20 |
| |
| |
(a) | in paragraph (a), for “police authority” substitute “local policing |
| |
| |
(b) | in paragraph (c), for “authority’s” substitute “local policing body’s”. |
| 25 |
(4) | In subsection (5A), for “police authority” (in each place) substitute “local |
| |
| |
(5) | In subsection (6), for “police authority” (in each place) substitute “local |
| |
| |
45 | In section 93 (acceptance of gifts or loans), in subsection (1), for “the |
| 30 |
authority” substitute “the body”. |
| |
46 | In section 97 (police officers engaged on service outside their force), in |
| |
subsection (2), for “police authority” (in each place) substitute “local policing |
| |
| |
47 (1) | Section 98 (cross-border aid of one police force by another) is amended in |
| 35 |
accordance with this paragraph. |
| |
| |
(a) | for “police authority” (in each place) substitute “local policing body”; |
| |
(b) | for “those authorities” substitute “those bodies”; |
| |
(c) | for “police authorities” substitute “local policing bodies”. |
| 40 |
(3) | Before subsection (7) insert— |
| |
“(6B) | In this section “local policing body” includes— |
| |
(a) | a police authority in Scotland, and |
| |
(b) | the Northern Ireland Policing Board.”. |
| |
|
| |
|