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
183

153
In section 26 (exercise of police functions at relevant aerodromes)—
(a)
for “police authority” (in each place) substitute “local policing body
or police authority”;
(b)
in subsection (2C)(a), after “reimburse the” insert “body or”.
154
In section 29 (control of road traffic at relevant aerodromes), in subsection
5
(2)(a), for “police authority” substitute “chief officer of police (in the case of
an aerodrome in England or Wales) or the police authority (in any other
case)”.
155
In section 29D (dispute resolution: powers), for “police authority” (in each
place) substitute “local policing body or police authority”.
10
156   (1)
Section 31 (interpretation of Part 3 etc) is amended in accordance with this
paragraph.
      (2)
In subsection (1), in the definition of “relevant persons”, at the end insert “,
as read with subsection (1ZA) below”.
      (3)
After subsection (1) insert—
15
“(1ZA)
In relation to a dispute about payments to be made which is within
section 29A(2)(d) and concerns an aerodrome in England or Wales,
“relevant persons” includes the local policing body for the relevant
police area.”.
Local Government (Miscellaneous Provisions) Act 1982
20
157
The Local Government (Miscellaneous Provisions) Act 1982 is amended as
follows.
158
In section 33 (enforceability by local authorities of certain covenants relating
to land), in subsection (9)(a), for the words from “police authority” to
“Metropolitan Police Authority” substitute “police and crime commissioner,
25
the Mayor’s Office for Policing and Crime,”.
159
In section 41 (lost and uncollected property), in the definition of “local
authority” in subsection (13), for paragraphs (ca) and (caa) substitute—
“(ca)
a police and crime commissioner; and
(caa)
the Mayor’s Office for Policing and Crime; and.”
30
Stock Transfer Act 1982
160
In the Stock Transfer Act 1982, in Schedule 1 (specified securities), in
paragraph 7(1), for sub-paragraph (ba) substitute—
“(ba)
any police and crime commissioner.”.
County Courts Act 1984
35
161
In the County Courts Act 1984, in section 60 (right of audience), in subsection
(3), in the definition of “local authority” for the words from “a police
authority” to “Metropolitan Police Authority” substitute “a police and crime
commissioner, the Mayor’s Office for Policing and Crime”.
Police and Criminal Evidence Act 1984
40
162
The Police and Criminal Evidence Act 1984 is amended as follows.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
184

163
In section 30 (arrest elsewhere than at a police station), in subsection (4)(b),
for “police authority” substitute “local policing body”.
164
In section 36 (custody officers at police stations), in subsection (9), for “police
authority” substitute “local policing body”.
165   (1)
Section 67 (codes of practice: supplementary) is amended in accordance with
5
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,
(aa)
the Mayor’s Office for Policing and Crime,
10
(ab)
the Common Council of the City of London,”.
      (3)
In subsection (9A)(a), for “police authority employees” substitute “civilian
staff”.
Road Traffic Regulation Act 1984
166
The Road Traffic Regulation Act 1984 is amended as follows.
15
167
In section 26 (arrangements for patrolling school crossings), in subsection
(5)—
(a)
for “police authority” (in the first place) substitute “chief officer of
police of the police force maintained”;
(b)
for “police authority” (in the second place) substitute “chief officer”.
20
168   (1)
Section 95 (appointment of traffic wardens) is amended in accordance with
this paragraph.
      (2)
In subsection (1)—
(a)
for “A police authority in England or Wales may” substitute “A chief
officer of police in England and Wales (other than the Commissioner
25
of Police for the City of London), and the Common Council of the
City of London may,”;
(b)
after “so appointed” insert “by the Common Council”;
(c)
for “police authority” (in the last place) substitute “Common
Council”.
30
      (3)
In subsection (4)—
(a)
for “A police authority” substitute “A person”;
(b)
after “subsection (1) above” insert “(the “employer”)”;
(c)
in paragraph (a), for “the police authority provide” substitute “the
employer provides”;
35
(d)
in paragraph (b), for “the police authority” substitute “the
employer”.
      (4)
In subsection (6), for “police authority” substitute “person”.
169   (1)
Section 97 (supplementary provisions as to traffic wardens) is amended in
accordance with this paragraph.
40
      (2)
In subsection (1)—
(a)
for “the police authority” (in the first place) substitute “their
employer”;

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
185

(b)
for “the police authority” (in the second place) substitute “that
employer”.
      (3)
In subsection (3)—
(a)
after “functions of” insert “the Common Council or”;
(b)
after “maintained by” insert “the Common Council or”.
5
      (4)
In subsection (5)—
(a)
after “Any power” insert “of a person”;
(b)
for “police authority” substitute “person”.
Housing Act 1985
170
In the Housing Act 1985, in section 4 (other descriptions of authority), in
10
subsection (1)(e), for the words from “police authority” to “Police Act 1996”
substitute “police and crime commissioner”.
Housing Associations Act 1985
171
In the Housing Associations Act 1985, in section 106 (minor definitions -
general), in the definition of “local authority” in subsection (1), for the words
15
from “and a police authority” to “Metropolitan Police Authority” substitute
“, a police and crime commissioner and the Mayor’s Office for Policing and
Crime”.
Landlord and Tenant Act 1985
172
In the Landlord and Tenant Act 1985, in section 38 (minor definitions), in the
20
definition of local authority, for the words from “a police authority” to
“Metropolitan Police Authority” substitute “, a police and crime
commissioner, the Mayor’s Office for Policing and Crime”.
Prosecution of Offences Act 1985
173
In the Prosecution of Offences Act 1985, in section 3 (functions of the
25
director), in subsection (3), in the definition of “police force”, for “police
authority under the Police Act 1996” substitute “local policing body”.
Local Government Act 1986
174
The Local Government Act 1986 is amended as follows.
175
In section 6 (interpretation and application of Part 2), in subsection (2)(a), for
30
the words from “a police authority” to “Metropolitan Police Authority”
substitute—
“a police and crime commissioner,
the Mayor’s Office for Policing and Crime”.
176
In section 9 (interpretation and application of Part 3), in subsection (1)(a), for
35
the words from “a police authority” to “Metropolitan Police Authority”
substitute—
“a police and crime commissioner,
the Mayor’s Office for Policing and Crime”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
186

Channel Tunnel Act 1987
177   (1)
In the Channel Tunnel Act 1987, section 14 (arrangements for the policing of
the tunnel system) is amended as follows.
      (2)
In subsection (4)—
(a)
for “Kent Police Authority” substitute “Police and Crime
5
Commissioner for Kent”;
(b)
for “that Authority” substitute “that Commissioner”.
      (3)
In subsection (5)—
(a)
for “Kent Police Authority” substitute “Police and Crime
Commissioner for Kent”;
10
(b)
for “the Authority” (in the first place) substitute “the Commissioner”.
Landlord and Tenant Act 1987
178
In the Landlord and Tenant Act 1987, in section 58 (exempt landlords and
resident landlords), in subsection (1)(a), for the words from “police
authority” to “1996” substitute “a police and crime commissioner”.
15
Dartford-Thurrock Crossing Act 1988
179
In section 19 of the Dartford-Thurrock Crossing Act 1988, in section 19
(exemption from tolls), for paragraph (a)(i) substitute—
“(i)
a local policing body;”.
Housing Act 1988
20
180
In the Housing Act 1988, in Schedule 1 (tenancies which cannot be assured
tenancies), in paragraph 12(2) of Part 1 (local authority tenancies etc), for
sub-paragraph (g) substitute—
“(g)
a police and crime commissioner.”.
Local Government Act 1988
25
181
In the Local Government Act 1988, in Schedule 2 (public supply or works
contracts: the public authorities), omit the words from “A police authority”
to “Metropolitan Police Authority”.
Local Government Finance Act 1988
182
The Local Government Finance Act 1988 is amended as follows.
30
183
In section 65A (Crown property), in subsection (4)(b), for the words from
“police authority” to “1996” substitute “police and crime commissioner”.
184
In section 74 (levies)—
(a)
in subsection (1)(c), omit “, combined police authority”;
(b)
in subsection (4)(bb), for “Metropolitan Police Authority” substitute
35
“Mayor’s Office for Policing and Crime”.
185
In section 84F (determination of grant)—
(a)
for “police authorities” (in each place) substitute “police and crime
commissioners”;

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
187

(b)
omit subsection (7).
186
In section 84Q (application of this Chapter etc)—
(a)
in subsection (2), for “police authorities” substitute “police and crime
commissioners”;
(b)
omit subsection (3).
5
187
In section 88B (special grants), in subsection (10), for the words from “police
authority” to “1996” substitute “police and crime commissioner”.
188
In section 111 (interpretation)—
(a)
in subsection (2), for paragraph (e) substitute—
“(e)
a police and crime commissioner,
10
(ea)
a chief officer of police (which, for this purpose,
means a chief constable of a police force maintained
under section 2 of the Police Act 1996 or the
Commissioner of Police of the Metropolis),”;
(b)
in subsection (3), at the end insert “and the 2011 Act is the Police
15
Reform and Social Responsibility Act 2011”.
189
In section 112 (financial administration as to certain authorities), omit
subsection (2)(a).
190   (1)
Section 114 (functions of responsible officer as respects reports) is amended
in accordance with this paragraph.
20
      (2)
In subsection (1), after “1999 Act” insert “, or Schedule 1, 2 or 4 to the 2011
Act”.
      (3)
In subsection (2), for “a police force maintained by the authority” substitute
“the relevant police force”.
      (4)
In subsection (3A), after “relevant authority” insert “(except where the
25
relevant authority is a chief officer of police)”.
      (5)
For subsection (4)(b) substitute—
“(b)
in the case of—
(i)
a police and crime commissioner, the commissioner
and each member of the police and crime panel for the
30
commissioner’s police area;
(ii)
the Mayor’s Office for Policing and Crime, that Office
and each member of the police and crime panel of the
London Assembly;
(iii)
a chief officer of police, the chief officer and the
35
elected local policing body; and
(iv)
any other relevant authority, each person who is at
that time a member of the authority; and”.
      (6)
After subsection (8) insert—
“(8A)
In this section “relevant police force”, in relation to the chief finance
40
officer of a relevant authority, means—
(a)
in the case where the relevant authority is a chief officer of
police, the police force of which that person is chief officer;
(b)
in any other case, the police force maintained by the relevant
authority.”.
45

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
188

191   (1)
Section 115 (authority’s duties as regards reports) is amended as follows.
      (2)
After subsection (1A) insert—
“(1B)
In the case of report made by the chief finance officer of an elected
local policing body, that body must consider the report and decide
whether the body agrees or disagrees with the views contained in the
5
report and what action (if any) the body proposes to take in
consequence of it.
(1C)
In the case of a report made by the chief finance officer of a chief
officer of police, the chief officer of police must consider the report
and decide whether the chief officer of police agrees or disagrees
10
with the views contained in the report and what action (if any) the
chief officer of police proposes to take in consequence of it.
(1D)
The consideration and decision-making must be concluded not later
than the end of the period of 21 days beginning with the day on
which copies of the report are sent.
15
(1E)
As soon as practicable after the elected local policing body, or the
chief officer of police, has concluded the consideration of the chief
finance officer’s report, that body or chief officer must prepare a
report which specifies—
(a)
what action (if any) that body or chief officer has taken in
20
response to the report;
(b)
what action (if any) that body or chief officer proposes to take
in response to the report; and
(c)
the reasons for taking the action specified in the report or, as
the case may be, for taking no action.
25
(1F)
As soon as practicable after the elected local policing body has
prepared a report under subsection (1E), the elected local policing
body must arrange for a copy of the report to be sent to—
(a)
the chief finance officer;
(b)
the person who at the time the report is made has the duty to
30
audit the elected local policing body’s accounts; and
(c)
each member of the police and crime panel for the police area
for which the elected local policing body is established.
(1G)
As soon as practicable after the chief officer of police has prepared a
report under subsection (1E), the chief officer of police must arrange
35
for a copy of the report to be sent to—
(a)
the chief finance officer;
(b)
the person who at the time the report is made has the duty to
audit the chief officer’s accounts; and
(c)
the elected local policing body which maintains the police
40
force in which the chief officer serves.”.
      (3)
In subsection (2), at the beginning insert “In the case of any authority other
than an elected local policing body or a chief officer of police,”.
      (4)
In subsection (9), after “subsection” insert “(1B), (1C) or”.
      (5)
In subsection (10), after “If subsection” insert “(1B), (1C)”.
45

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
189

      (6)
In subsection (11), for “at the meeting” substitute “under subsection (1B),
(1C) or (2)”.
192   (1)
Section 116 (information about meetings) is amended in accordance with
this paragraph.
      (2)
In the title, for “meetings” substitute “consideration of reports etc”.
5
      (3)
After subsection (2A) insert—
   “(2B)
In the case of an elected local policing body, the chief finance
officer of that body must notify the body’s auditor of any decisions
taken by the body in accordance with section 115.
     (2C)
In the case of a chief officer of police, the chief officer of police’s
10
chief finance officer must notify that chief officer of police’s
auditor of any decisions taken by the chief officer of police in
accordance with section 115.”.
193
In section 117 (rates and precepts: abolition), in subsection (5), omit “,
combined police authority”.
15
Road Traffic Act 1988
194
The Road Traffic Act 1988 is amended as follows.
195
In section 65A (motor cycles not to be sold without EC certificate of
conformity), in subsection (5)(d), after “to a” insert “local policing body or”.
196   (1)
Section 67 (testing of condition of vehicles on roads) is amended in
20
accordance with this paragraph.
      (2)
In subsection (4)—
(a)
in paragraph (e), omit “and”;
(b)
after paragraph (e) insert—
“(ea)
a person appointed by a chief officer of police in
25
England or Wales (other than the Commissioner of
Police for the City of London) to act, under the
directions of that chief officer, for the purposes of this
section, and”;
(c)
in paragraph (f), after “police area” insert “in Scotland, or by the
30
Common Council of the City of London,”.
      (3)
In subsection (5), after “(d)” insert “, (ea)”.
197
In section 78 (weighing of motor vehicles), in subsection (8)(b), after “by a”
(in the second place), insert “local policing body or a”.
198
In section 124 (exemption of police instructors from prohibition imposed by
35
section 123), in subsection (2), in paragraph (b) of the definition of “civilian
instructor”, for “a police authority” substitute “a chief officer of police in
England or Wales (other than the Commissioner of Police for the City of
London), the Common Council of the City of London in its capacity as police
authority, or a police authority”.
40
199   (1)
Section 144 (exceptions from requirement of third-party insurance or
security) is amended in accordance with this section.
      (2)
In subsection (2)(a), omit “(other than a police authority)”.