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 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—

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“(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”;

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(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)”.

 
 

 
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Revised 18 February 2011