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
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
176

105
In section 99 (meetings and proceedings of local authorities), omit the words
from “police authorities” to “Metropolitan Police Authority,”.
106   (1)
Section 100J (application to new authorities, Common Council, etc) is
amended in accordance with this paragraph.
      (2)
In subsection (1), omit paragraphs (e) and (eza).
5
      (3)
In subsection (3), omit “, (e), (eza)”.
      (4)
In subsection (4)(a)—
(a)
after “economic prosperity board,” insert “or”;
(b)
omit the words from “or a police authority” to “Metropolitan Police
Authority”.
10
107
In section 101 (arrangements for discharge of functions by local authorities),
in subsection (13) omit “except a police authority”.
108   (1)
Section 107 (application of foregoing provisions to police authorities) is
amended as follows.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
15
      (3)
For subsection (1) substitute—
“(1)
In their application to the Common Council as police authority,
sections 101 to 106 shall have effect subject to the following
provisions of this section (and in those provisions references to the
Common Council are references to the Council as police authority).”.
20
      (4)
In subsection (2)—
(a)
for “A police authority” substitute “The Common Council”;
(b)
for “another police authority” substitute “another local policing
body”;
(c)
for “a police authority” substitute “the Common Council”.
25
      (5)
In subsection (3)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for the words from “by” to the end substitute “by the Common
Council”.
      (6)
In subsection (3A)—
30
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “the authority” substitute “the Common Council”;
(c)
for “the authority’s” substitute “the Common Council’s”.
      (7)
In subsection (3B)—
(a)
for “a police authority” substitute “the Common Council”;
35
(b)
for “that authority” substitute “the Common Council”.
      (8)
In subsection (4)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “the authority” substitute “the Common Council”.
      (9)
In subsection (4A)(c), for “a police authority” substitute “the Common
40
Council”.
     (10)
In subsection (5), for “a police authority” substitute “the Common Council”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
177

     (11)
Omit subsection (7).
     (12)
In subsection (8)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “any such authority or authorities” substitute “the Common
Council”;
5
(c)
for the words from “by” to the end, substitute “by the Common
Council”.
109   (1)
Section 146A (Joint Authorities) is amended in accordance with this
paragraph.
      (2)
In subsection (1)—
10
(a)
after “joint waste authority,” insert “and”;
(b)
omit the words from “a police authority” to “Metropolitan Police
Authority”.
      (3)
Omit subsections (1A) to (1C).
110
In section 223 (appearance of local authorities in legal proceedings), in
15
subsection (2), for the words from “police authority” to “Metropolitan Police
Authority” substitute “police and crime commissioner and the Mayor’s
Office for Policing and Crime”.
111
In section 228 (inspection of documents), in subsection (7A)—
(a)
after “economic prosperity board,” insert “or”;
20
(b)
omit the words from “or a police authority” to “Metropolitan Police
Authority”.
112
In section 229 (photographic copies of documents), in subsection (8), for the
words from “and a police authority” to “Metropolitan Police Authority”
substitute “, a police and crime commissioner and the Mayor’s Office for
25
Policing and Crime”.
113
In section 231 (service of notices on local authorities, etc), in subsection (4),
for the words from “and a police authority” to “Metropolitan Police
Authority” substitute “, a police and crime commissioner and the Mayor’s
Office for Policing and Crime”.
30
114
In section 232 (public notices), in subsection (1A), for the words from “and a
police authority” to “Metropolitan Police Authority” substitute “, a police
and crime commissioner and the Mayor’s Office for Policing and Crime”.
115
In section 233 (service of notices by local authorities), in subsection (11), for
the words from “and a police authority” to “Metropolitan Police Authority”
35
substitute “, a police and crime commissioner and the Mayor’s Office for
Policing and Crime”.
116
In section 234 (authentication of documents), in subsection (4), for the words
from “and a police authority” to “Metropolitan Police Authority” substitute
“, a police and crime commissioner and the Mayor’s Office for Policing and
40
Crime”.
117   (1)
Schedule 12 (meetings and proceedings of local authorities) is amended in
accordance with this paragraph.
      (2)
In paragraph 6A(1)—
(a)
after “economic prosperity board,” insert “or”;
45

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
178

(b)
omit the words from “or a police authority” to “Metropolitan Police
Authority”.
      (3)
In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes
it.)
      (4)
In paragraph 46, omit the words from “and a police authority” to
5
“Metropolitan Police Authority”.
Superannuation Act 1972
118   (1)
In the Superannuation Act 1972, in Schedule 1 (kinds of employment, etc,
referred to in section 1), the entries headed “Other Bodies” are amended in
accordance with this paragraph.
10
      (2)
After the entry relating to employment by the Commissioner for Public
Appointments in Scotland, insert—

“Employment by the Commissioner of Police of the Metropolis.”.
      (3)
For “The Metropolitan Police Authority.” substitute “Employment by the
Mayor’s Office for Policing and Crime.”.
15
Employment Agencies Act 1973
119
In the Employment Agencies Act 1973, in section 13 (interpretation), in
subsection (7)—
(a)
in paragraph (f), omit the words from “, a police authority” to “1996”;
(b)
for paragraph (fa) substitute—
20
“(fa)
the exercise by a police and crime commissioner of
any of the commissioner’s functions;
(fb)
the exercise by the Mayor’s Office for Policing and
Crime of any of that Office’s functions;
(fc)
the exercise by a chief constable established under
25
section 2 of the Police Reform and Social
Responsibility Act 2011 of any of the chief constable’s
functions;
(fd)
the exercise by the Commissioner of Police of the
Metropolis of any of the Commissioner’s functions;”.
30
Health and Safety at Work etc Act 1974
120   (1)
In the Health and Safety at Work etc Act 1974, section 51A (application of
Part to police) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), for “means the chief officer of police” substitute
35
“means—
(i)
the chief officer of police of that force, or
(ii)
in the case of a member of the force or a special
constable who is, by virtue of a collaboration
agreement under section 22A of the Police Act
40
1996, under the direction and control of a chief
officer (within the meaning given by section
23I of that Act), that chief officer,”;

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
179

(b)
in paragraph (c), for “means the person who has the direction and
control of the body of constables or cadets in question” substitute
“means—
(i)
the person who has the direction and control
of the body of constables or cadets in question,
5
or
(ii)
in the case of a constable who is, by virtue of a
collaboration agreement under section 22A of
the Police Act 1996, under the direction and
control of a chief officer (within the meaning
10
given by section 23I of that Act), that chief
officer.”.
      (3)
In subsection (2A), after “shall” insert “, if not a corporation sole,”.
Local Government Act 1974
121
The Local Government Act 1974 is amended as follows.
15
122
In section 25 (authorities subject to investigation), in subsection (1), for
paragraphs (ca) and (caa) substitute—
“(ca)
any police and crime commissioner;
(caa)
the Mayor’s Office for Policing and Crime;”.
123
In Schedule 5 (matters not subject to investigation), in paragraph 2 for
20
“police authority” substitute “local policing body”.
House of Commons Disqualification Act 1975
124
In the House of Commons Disqualification Act 1975, in section 1
(disqualification of holders of certain offices and places), in subsection (1)(d)
after “maintained by” insert “a local policing body or”.
25
Northern Ireland Assembly Disqualification Act 1975
125
In the Northern Ireland Assembly Disqualification Act 1975, in section 1
(disqualification of holders of certain offices and places), in subsection (1)(d)
after “maintained by” insert “a local policing body or”.
Local Government (Miscellaneous Provisions) Act 1976
30
126
The Local Government (Miscellaneous Provisions) Act 1976 is amended as
follows.
127
In section 30 (power to forego repayments of advances of remuneration paid
to deceased employees), for subsection (3) substitute—
“(3)
For the purposes of this section—
35
(a)
the cases in which a person is in the employment of a local
authority are to be taken to include cases where a person is a
member of a police force maintained by a local authority; and
(b)
in such cases, references to employment are to be construed
accordingly.”.
40
128
In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a)
of the definition of “local authority”, for the words from “police authority”

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
180

to “Metropolitan Police Authority” substitute “police and crime
commissioner, the Mayor’s Office for Policing and Crime”.
Police Pensions Act 1976
129
The Police Pensions Act 1976 is amended as follows.
130
In section 1 (police pensions regulations), in subsection (2A), for “police
5
authorities” substitute “police pension authorities”.
131
In section 6 (appeals)—
(a)
in subsection (1)(a), for “police authority” substitute “police pension
authority”;
(b)
in subsection (2)—
10
(i)
for “police authority” substitute “police pension authority”;
(ii)
for “them” substitute “that authority”;
(iii)
for “they are” substitute “that authority is”;
(c)
in subsection (3), for “police authority” substitute “police pension
authority”.
15
132
In section 8A (information in connection with police pensions etc), for
“police authority” (in each place) substitute “police pension authority”.
133   (1)
Section 11 (interpretation) is amended in accordance with this paragraph.
      (2)
In subsection (2), the second paragraph (g) becomes paragraph (h).
      (3)
In subsection (2), for the words before paragraph (a), substitute—
20
“(2)
In this Act—
“police pension authority” means—
(a)
the chief constable of any police force maintained
under section 2 of the Police Act 1996;
(b)
the Commissioner of Police of the Metropolis;
25
(c)
the Common Council of the City of London in its
capacity as a police authority; and
(d)
any police authority within the meaning of the Police
(Scotland) Act 1967;
“pension supervising authority” means—
30
(a)
any local policing body within the meaning of the
Police Act 1996; and
(b)
any police authority within the meaning of the Police
(Scotland) Act 1967.
(2A)
But—”
35

(and, accordingly, paragraphs (a) to (h) of subsection (2) become those
paragraphs of subsection (2A)).
      (4)
In subsection (2A), in paragraphs (a) to (h), for “it” (in each place) substitute
““police pension authority” or “pension supervising authority””.
134
In Schedule 1 (pensions under repealed enactments), in paragraph 2
40
(forfeiture of pensions), for “police authority” (in each place) substitute
“pension supervising authority”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
181

Race Relations Act 1976
135   (1)
In the Race Relations Act 1976, Schedule 1A (bodies and other persons
subject to general statutory duty) is amended in accordance with this
paragraph.
      (2)
In Part 1—
5
(a)
for paragraph 55 substitute—
“55
A police and crime commissioner established under
section 1 of the Police Reform and Social Responsibility Act
2011.”;
(b)
for paragraph 57 substitute—
10
“57
The Mayor’s Office for Policing and Crime established
under section 3 of the Police Reform and Social
Responsibility Act 2011.”.
      (3)
In Part 2, omit “A Selection Panel for Independent Members of Police
Authorities.”.
15
Rent (Agriculture) Act 1976
136
In the Rent (Agriculture) Act 1976, in section 5 (no statutory tenancy where
landlord’s interest belongs to Crown or to local authority etc), in subsection
(3), for paragraph (baa) substitute—
“(baa)
a police and crime commissioner;”.
20
Rent Act 1977
137
In the Rent Act 1977, in section 14 (landlord’s interest belonging to local
authority etc), in subsection (1), for paragraph (caa) substitute—
“(caa)
a police and crime commissioner;”.
Highways Act 1980
25
138
The Highways Act 1980 is amended as follows.
139
In section 118B (stopping up of certain highways for purposes of crime
prevention etc), in subsection (6), for “police authority” substitute “local
policing body”.
140
In section 119B (diversion of certain highways for purposes of crime
30
prevention etc), in subsection (6), for “police authority” substitute “local
policing body”.
141
In section 120 (exercise of powers of making public path extinguishment and
diversion orders), in subsection (3B), for “police authority” substitute “local
policing body”.
35
Local Government, Planning and Land Act 1980
142
The Local Government, Planning and Land Act 1980 is amended as follows.
143
In section 99 (directions to dispose of land — supplementary), in subsection
(4), for paragraphs (dc) and (dcc) substitute—
“(dc)
a police and crime commissioner;
40

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
182

(dcc)
the Mayor’s Office for Policing and Crime;”.
144
In Schedule 16 (bodies to whom Part 10 applies), for paragraphs 5C and 5CC
substitute—
“5C
A police and crime commissioner.
5CC
The Mayor’s Office for Policing and Crime.”.
5
Acquisition of Land Act 1981
145
In the Acquisition of Land Act 1981, in section 17(4) (local authority and
statutory undertakers’ land), in paragraph (a) of the definition of “local
authority”, omit “, a police authority established under section 3 of the Police
Act 1996”.
10
Animal Health Act 1981
146
In the Animal Health Act 1981, in section 10A(1)(a) (annual review of import
controls), omit “, police authorities”.
Finance Act 1981
147
In the Finance Act 1981, in section 107 (sale of houses at discount by local
15
authorities etc), in subsection (3)(k)—
(a)
for “police authority” substitute “local policing body”;
(b)
for “1996 or” substitute “1996, or a police authority within the
meaning of”.
Aviation Security Act 1982
20
148
The Aviation Security Act 1982 is amended as follows.
149
In section 24AG (security executive groups), in subsection (2)(c), at the
beginning insert “in the case of an aerodrome in Scotland or Northern
Ireland,”.
150
In section 24AT (interpretation), in subsection (6)(c), at the beginning insert
25
“in the case of an aerodrome in Scotland or Northern Ireland,”.
151   (1)
Section 25B (police services agreements) is amended as follows.
      (2)
In subsection (4)(b), at the beginning insert “in the case of an aerodrome in
Scotland or Northern Ireland,”.
      (3)
After subsection (4) insert—
30
“(4A)
Before entering into a police services agreement relating to an
aerodrome in England or Wales, or a variation of such an agreement,
the chief officer of police for the relevant police area must consult the
local policing body for that area.”.
152
In section 25E (discharge of functions of relevant persons in relation to police
35
services agreements), in subsection (2)(c)—
(a)
after “incurred by” insert “the local policing body (in the case of an
aerodrome in England or Wales) or”;
(b)
after “police authority” insert “(in the case of an aerodrome in
Scotland or Northern Ireland)”.
40