Police Reform and Social Responsibility Bill

Session 2010 - 11
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Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
162

Schedule 16
Section 100

Police reform: minor and consequential amendments
Part 1
Police Act 1996
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
paragraph.
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
Act 2011.”.
15
5
Omit—
(a)
sections 3 to 5, and
(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
7
Omit sections 5B to 6.
8
Before section 6ZA insert the following cross-heading—
“The City of London”.
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”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
163

      (4)
In subsection (2)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “police force maintained for its area” substitute “the City of
London police force”;
(c)
for “the authority” substitute “the Common Council”.
5
      (5)
In subsection (3), for paragraphs (a) and (b) substitute—
“(a)
the Common Council,
(b)
the Commissioner of Police for the City of London, and”.
      (6)
Omit subsection (4).
11    (1)
Section 6ZB (plans by police authorities) is amended in accordance with this
10
paragraph.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
      (3)
In subsection (1)—
(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
functions”.
      (4)
In subsection (3)—
(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”.
      (5)
In subsection (4)—
(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—
“(a)
the Common Council,
(b)
the Commissioner of Police for the City of London, and”.
      (7)
Omit subsection (9).
35
      (8)
Omit subsection (11).
12    (1)
Section 6ZC (reports by police authorities) is amended in accordance with
this paragraph.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
      (3)
In subsection (1)—
40
(a)
for “police authorities” substitute “the Common Council”;
(b)
for “policing of their areas” substitute “discharge of the Common
Council’s functions”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
164

      (4)
In subsection (3), for paragraphs (a) and (b) substitute—
“(a)
the Common Council,
(b)
the Commissioner of Police for the City of London, and”.
      (5)
Omit subsection (4).
13
Omit sections 8A to 9G.
5
14
Before section 9H insert the following cross-heading—
“Police ranks”.
15
Omit sections 10 to 12A.
16
Omit sections 14 to 17.
17
Before section 18 insert the following cross-heading—
10
“City of London”.
18    (1)
Section 18 (supply of goods and services) is amended in accordance with this
paragraph.
      (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
(2)”.
      (4)
In subsection (3)—
(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
body”;
(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
follows.
      (2)
In subsection (1)—
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
London police area”.
35
      (3)
In subsection (2), for “A chief officer” substitute “The chief constable”.
      (4)
In subsection (3)—
(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

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
165

(c)
for “that authority” substitute “the Common Council”;
(d)
for “area for which the force is maintained” substitute “City of
London police area”.
      (5)
In subsection (4), for “police authority” substitute “Common Council”.
      (6)
In subsection (5)—
5
(a)
for “chief officer” substitute “Commissioner of Police for the City of
London”;
(b)
for “police authority” substitute “Common Council”;
(c)
for “that authority” substitute “the Common Council”.
      (7)
In subsection (6)—
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—
“General provisions”.
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.”.
      (4)
In subsection (4)—
25
(a)
for “police authority” (in both places) substitute “local policing
body”;
(b)
for “those authorities” substitute “those bodies”;
(c)
for “police authorities” substitute “local policing bodies”.
      (5)
In subsection (4A)—
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.
      (2)
In subsection (1)—
(a)
for “police authority” substitute “local policing body”;
(b)
for “the authority” substitute “the body”.
40
      (3)
In subsection (2)—
(a)
for “police authority” substitute “local policing body”;

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
166

(b)
for “the authority” substitute “the body”.
      (4)
In subsections (5) and (6), for “police authority” substitute “local policing
body”.
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
paragraph.
      (2)
In subsection (3A)—
(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
conduct.”.
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
subsection (1)(a).
35
33    (1)
Section 39A (codes of practice for chief officers) is amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4)—
(a)
for the words from “preparing” to “Agency” substitute “issuing or
revising such a code, the Secretary of State”;
40

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
167

(b)
for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to
represent the views of police and crime
commissioners;
(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
under section 42”.
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
paragraph (a)).
      (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;”.
      (4)
Omit subsection (5).
      (5)
In subsection (6), omit paragraph (a).
30
39    (1)
Section 57 (common services) is amended in accordance with this
paragraph.
      (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
or”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 1 — Police Act 1996
168

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
police”;
(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
subsection (1)—
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
with this paragraph.
      (2)
In subsections (2)(b) and (4), for “police authority” substitute “local policing
20
body”.
      (3)
In subsection (5)—
(a)
in paragraph (a), for “police authority” substitute “local policing
body”;
(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
policing body”.
      (5)
In subsection (6), for “police authority” (in each place) substitute “local
policing body”.
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
body”.
47    (1)
Section 98 (cross-border aid of one police force by another) is amended in
35
accordance with this paragraph.
      (2)
In subsection (6)—
(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.”.