|
| |
|
(3) | In subsection (2)(b)— |
| |
(a) | after “owned by” insert “a local policing body or”; |
| |
(b) | after “constable,” insert “by a member of a police and crime |
| |
commissioner’s staff (within the meaning of Part 1 of the Police |
| |
Reform and Social Responsibility Act 2011), by a member of the staff |
| 5 |
of the Mayor’s Office for Policing and Crime (within the meaning of |
| |
that Part of that Act), by a person employed by the Common Council |
| |
of the City of London in its capacity as a police authority,”. |
| |
Road Traffic Offenders Act 1988 |
| |
200 (1) | In the Road Traffic Offenders Act 1988, section 79 (statements by constables) |
| 10 |
| |
(2) | In subsection (2), for “by the police authority” substitute “as a civilian police |
| |
| |
(3) | After subsection (5), insert— |
| |
“(5A) | For the purposes of subsection (2), a person is employed as a civilian |
| 15 |
police employee for a police area if— |
| |
(a) | in the case of a police area listed in Schedule 1 to the Police |
| |
Act 1996, the person is a member of the civilian staff of the |
| |
police force (within the meaning of Part 1 of the Police |
| |
Reform and Social Responsibility Act 2011) maintained for |
| 20 |
| |
(b) | in the case of the metropolitan police district, the person is a |
| |
member of the civilian staff of the Mayor’s Office for Policing |
| |
and Crime (within the meaning of that Part of that Act); |
| |
(c) | in the case of the City of London, the person is employed by |
| 25 |
the Common Council of the City of London in its capacity as |
| |
| |
Local Government and Housing Act 1989 |
| |
201 | The Local Government and Housing Act 1989 is amended as follows. |
| |
202 | In section 1 (disqualification and political restriction of certain officers and |
| 30 |
staff), after subsection (8) insert— |
| |
“(9) | In this section a reference to a person holding a politically restricted |
| |
post under a local authority includes a reference to every member of |
| |
the staff of an elected local policing body.”. |
| |
203 (1) | Section 4 (designation and reports of head of paid service) is amended in |
| 35 |
accordance with this paragraph. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | In the case of an elected local policing body, the body’s chief |
| |
executive is to be taken to have been designated as the head of the |
| |
body’s paid service (and, accordingly, subsection (1)(a) does not |
| 40 |
apply; but references to persons designated under this section |
| |
include references to the body’s chief executive).”. |
| |
|
| |
|
| |
|
(3) | In subsection (4), for “sent to” substitute “sent— |
| |
(a) | in the case of an elected local policing body, to the body and |
| |
to the police and crime panel for the body’s police area; and |
| |
(b) | in any other case, to”. |
| |
(4) | In subsection (5), after “relevant authority” insert “(other than an elected |
| 5 |
| |
(5) | After subsection (5) insert— |
| |
“(5A) | It shall be the duty of an elected local policing body to consider any |
| |
report under this section by the head of the body’s paid service, and |
| |
to do so no later than three months after the body is sent a copy of the |
| 10 |
| |
(6) | In subsection (6)(a), after “below” insert “and an elected local policing |
| |
| |
204 (1) | Section 5 (designation and reports of monitoring officer) is amended in |
| |
accordance with this paragraph. |
| 15 |
(2) | In subsection (1), in the words after paragraph (b), omit the words from |
| |
“(or,” to “authority” (in the last place). |
| |
(3) | After subsection (1B) insert— |
| |
“(1C) | In the case of an elected local policing body, the body’s chief |
| |
executive is to be taken to have been designated as the monitoring |
| 20 |
officer (and, accordingly, subsection (1)(a) does not apply; but |
| |
references to persons designated under this section include |
| |
references to the body’s chief executive).”. |
| |
(4) | In subsection (3)(b), for “sent to” substitute “sent— |
| |
(a) | in the case of an elected local policing body, to the body and |
| 25 |
to the police and crime panel for the body’s police area; and |
| |
(b) | in any other case, to”. |
| |
(5) | In subsection (5)(a), for “deputy at” substitute “deputy— |
| |
(i) | in the case of an elected local policing body, no later |
| |
than three months after the body is sent a copy of the |
| 30 |
| |
(ii) | in any other case, at”. |
| |
| |
(a) | in the definition of “chief finance officer”, after “1999” insert “, |
| |
Schedule 1 to the Police Reform and Social Responsibility Act 2011”; |
| 35 |
(b) | in paragraph (a) of the definition of “relevant authority”, after |
| |
“below” insert “and an elected local policing body”. |
| |
205 | In section 7 (all staff to be appointed on merit), in subsection (1)— |
| |
(a) | in paragraph (a), omit “or”; |
| |
(b) | after paragraph (a) insert— |
| 40 |
“(aa) | an elected local policing body, or”. |
| |
206 (1) | Section 21 (interpretation of Part 1) is amended in accordance with this |
| |
| |
(2) | In subsection (1), omit paragraph (g). |
| |
|
| |
|
| |
|
207 | In section 67 (application of, and orders under, Part 5), in subsection (3), omit |
| |
| |
208 (1) | Section 155 (emergency financial assistance to local authorities) is amended |
| |
| |
(2) | In subsection (1A), in paragraph (b) for “Metropolitan Police Authority” |
| 5 |
substitute “Mayor’s Office for Policing and Crime”. |
| |
(3) | In subsection (4), for paragraph (ea) substitute— |
| |
“(ea) | a police and crime commissioner;”. |
| |
Aviation and Maritime Security Act 1990 |
| |
209 | In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power |
| 10 |
to require harbour authorities to promote searches in harbour areas), for “in |
| |
England, Scotland or Wales by a police authority” substitute “in England or |
| |
Wales by a local policing body, in Scotland by a police authority, or in |
| |
England, Wales or Scotland by”. |
| |
Town and Country Planning Act 1990 |
| 15 |
210 | The Town and Country Planning Act 1990 is amended as follows. |
| |
211 | In section 252 (procedure for making orders), in subsection (12), in the |
| |
definition of “local authority”, for the words from “police authority” to |
| |
“Metropolitan Police Authority” substitute “police and crime commissioner, |
| |
the Mayor’s Office for Policing and Crime,”. |
| 20 |
212 | In section 336 (interpretation), in subsection (1), in the definition of “local |
| |
authority”, in paragraph (a), for “Metropolitan Police Authority” substitute |
| |
“Mayor’s Office for Policing and Crime”. |
| |
| |
213 | In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for |
| 25 |
“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and |
| |
| |
Local Government Finance Act 1992 |
| |
214 | In the Local Government Finance Act 1992, in section 19 (exclusion of Crown |
| |
exemption in certain cases), for subsection (3)(c) substitute— |
| 30 |
“(c) | a police and crime commissioner;”. |
| |
| |
215 | In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for |
| |
paragraph (d) substitute— |
| |
“(d) | a police and crime commissioner;”. |
| 35 |
Deregulation and Contracting Out Act 1994 |
| |
216 | The Deregulation and Contracting Out Act 1994 is amended as follows. |
| |
217 | In section 79A (meaning of “local authority” in England), omit paragraph |
| |
| |
|
| |
|
| |
|
218 | In section 79B (meaning of “local authority” in Wales), omit paragraph (g). |
| |
| |
219 | In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain |
| |
cases), in subsection (3)(f), at the beginning insert “a police and crime |
| |
commissioner, the Mayor’s Office for Policing and Crime and”. |
| 5 |
| |
220 | In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc), |
| |
in subsection (2)(a) and (b)(iii), for “police authority” substitute “local |
| |
| |
Employment Rights Act 1996 |
| 10 |
221 | In the Employment Rights Act 1996, in section 50 (right to time off for public |
| |
duties), omit subsection (2)(c). |
| |
Housing Grants, Construction and Regeneration Act 1996 |
| |
222 | In the Housing Grants, Construction and Regeneration Act 1996, in section |
| |
3 (ineligible applicants) for subsection (2)(g) substitute— |
| 15 |
“(g) | a police and crime commissioner;”. |
| |
| |
223 | The Police Act 1997 is amended as follows. |
| |
224 | In section 107 (supplementary provisions relating to Commissioners), in |
| |
subsection (4)(a), after “any” insert “local policing body or”. |
| 20 |
225 | In section 119 (sources of information), in subsections (3) and (7), after |
| |
“appropriate” insert “local policing body or”. |
| |
226 | In section 126 (interpretation of Part 5), in the definition of “police authority” |
| |
in subsection (1), for “Great Britain” substitute “Scotland”. |
| |
Police (Health and Safety) Act 1997 |
| 25 |
227 | In the Police (Health and Safety) Act 1997, in section 5 (payment of damages, |
| |
compensation and fines out of certain funds), in subsection (3), in paragraph |
| |
(a) of the definition of “the relevant authority”, for “police authority” |
| |
substitute “local policing body”. |
| |
Audit Commission Act 1998 |
| 30 |
228 | The Audit Commission Act 1998 is amended as follows. |
| |
229 (1) | Section 32 (documents relating to police authorities etc) is amended in |
| |
accordance with this paragraph. |
| |
(2) | In subsection (1), for the words from “relates” to the end, substitute “relates |
| |
to an elected local policing body or to a chief officer of police.” |
| 35 |
| |
| |
|
| |
|
| |
|
(i) | for the words from “relates” to “1996” substitute “relates to |
| |
one or more elected local policing bodies”; |
| |
(ii) | for “an authority” substitute “a body”; |
| |
(b) | after paragraph (a) insert— |
| |
“(aa) | relates to one or more chief officers of police and has |
| 5 |
been sent (or a copy of which has been sent) by the |
| |
Commission to such a chief officer.”. |
| |
(4) | For subsection (3) substitute— |
| |
“(3) | In this section “chief officer of police” means— |
| |
(a) | a chief constable for a police force maintained under section |
| 10 |
2 of the Police Act 1996, and |
| |
(b) | the Commissioner of Police of the Metropolis.”. |
| |
230 | In section 32B (mandatory provision of data), omit subsection (5)(c). |
| |
231 | In section 47A (reports relating to performance of English local authorities), |
| |
in subsection (5), omit the words from “, other” to the end. |
| 15 |
232 | In Schedule 2 (accounts subject to audit), in paragraph 1, for sub-paragraph |
| |
| |
“(k) | a police and crime commissioner; |
| |
(ka) | a chief constable for a police force maintained under |
| |
section 2 of the Police Act 1996; |
| 20 |
(kb) | the Commissioner of Police of the Metropolis;”. |
| |
Crime and Disorder Act 1998 |
| |
233 | The Crime and Disorder Act 1998 is amended as follows. |
| |
234 | In section 1A (power of Secretary of State to add relevant bodies), in |
| |
subsection (1), for “police authority” substitute “local policing body”. |
| 25 |
235 | In section 17 (duty to consider crime and disorder implications), in |
| |
subsection (2), for “a police authority” substitute “a local policing body”. |
| |
236 (1) | In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is |
| |
| |
(2) | After the definition of “local child curfew scheme” insert— |
| 30 |
| ““local policing body” has the meaning given by section 101(1) of the |
| |
| |
(3) | Omit the definition of “police authority”. |
| |
237 | In section 38 (local provision of youth justice services), in subsection (2)(a), |
| |
for “police authority” substitute “local policing body”. |
| 35 |
238 | In section 41 (the Youth Justice Board), in subsection (10), for “police |
| |
authority” substitute “local policing body”. |
| |
239 | In section 42 (supplementary provisions), in subsection (1), omit the |
| |
definition of “police authority”. |
| |
240 | In section 115 (disclosure of information), in subsection (2)(c), for “police |
| 40 |
authority” substitute “local policing body”. |
| |
|
| |
|
| |
|
Police (Northern Ireland) Act 1998 |
| |
241 | In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police |
| |
Ombudsman for Northern Ireland), in paragraph 8 (assistance by members |
| |
of a police force in Great Britain), in sub-paragraph (2), after “to the” insert |
| |
| 5 |
Regional Development Agencies Act 1998 |
| |
242 | In the Regional Development Agencies Act 1998, in section 7A (the London |
| |
Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police |
| |
Authority” substitute “Mayor’s Office for Policing and Crime”. |
| |
Local Government Act 1999 |
| 10 |
243 | The Local Government Act 1999 is amended as follows. |
| |
244 (1) | Section 1 (best value authorities) is amended in accordance with this |
| |
| |
(2) | In subsection (1), for paragraph (d) substitute— |
| |
“(d) | the Common Council of the City of London in its capacity as |
| 15 |
| |
| |
245 | In section 3A (involvement of local representatives), in subsection (3), for |
| |
paragraph (a) substitute— |
| |
“(a) | the Common Council of the City of London in its capacity as |
| 20 |
| |
246 | In section 10 (inspections), omit subsection (5). |
| |
247 | Omit section 10A (inspections: Auditor General for Wales). |
| |
248 | In section 23 (accounts), in subsection (4), omit paragraph (za). |
| |
249 | In section 29 (modifications for Wales), in subsection (1), omit the words |
| 25 |
from “except” to the end. |
| |
Criminal Justice and Court Services Act 2000 |
| |
250 | In the Criminal Justice and Court Services Act 2000, in section 71 (access to |
| |
driver licensing records), in subsection (4), for paragraph (a) of the definition |
| |
of “constables” substitute— |
| 30 |
“(a) | persons appointed by a chief constable under |
| |
paragraph 4 of Schedule 2 to the Police Reform and |
| |
Social Responsibility Act 2011 (civilian staff of police |
| |
| |
(aa) | persons appointed by the Commissioner of Police of |
| 35 |
the Metropolis under paragraph 1 of Schedule 4 to |
| |
that Act (civilian staff of metropolitan police force),”. |
| |
Freedom of Information Act 2000 |
| |
251 | In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in |
| |
|
| |
|
| |
|
Part 5, for paragraphs 57 and 58 substitute— |
| |
“57 | A police and crime commissioner. |
| |
58 | The Mayor’s Office for Policing and Crime.”. |
| |
Learning and Skills Act 2000 |
| |
252 | The Learning and Skills Act 2000 is amended as follows. |
| 5 |
253 | In section 125 (consultation and co-ordination), for subsection (1)(c) |
| |
| |
“(c) | a police and crime commissioner,”. |
| |
254 | In section 129 (supplementary), in subsection (1), omit the definition of |
| |
| 10 |
Local Government Act 2000 |
| |
255 | The Local Government Act 2000 is amended as follows. |
| |
256 | In section 21C (reports and recommendations of overview and scrutiny |
| |
committees: duties of certain partner authorities), in subsection (8), in the |
| |
definition of “relevant partner authority”, for paragraph (a) substitute— |
| 15 |
“(a) | a local policing body, or”. |
| |
257 | In section 21E (overview and scrutiny committees of certain district councils: |
| |
functions with respect to partner authorities), in subsection (4), for |
| |
paragraph (a)(ii)(a) substitute— |
| |
“(a) | a local policing body, or”. |
| 20 |
258 | In section 22A (overview and scrutiny committees of certain authorities in |
| |
England: provision of information etc by certain partner authorities), in |
| |
subsection (6), in the definition of “associated authority”, for paragraph |
| |
| |
“(i) | a local policing body, or”. |
| 25 |
259 (1) | Section 49 (principles governing conduct of members of relevant authorities) |
| |
is amended in accordance with this paragraph. |
| |
(2) | In subsection (1), omit “and police authorities in Wales”. |
| |
(3) | In subsection (2), omit “(other than police authorities)”. |
| |
| 30 |
(5) | In subsection (6), omit paragraphs (h) and (m). |
| |
260 (1) | Section 50 (model codes of conduct) is amended in accordance with this |
| |
| |
(2) | In subsection (1), omit “and police authorities in Wales”. |
| |
(3) | In subsection (2), omit “other than police authorities”. |
| 35 |
261 (1) | Section 51 (duty of relevant authorities to adopt codes of conduct) is |
| |
amended in accordance with this paragraph. |
| |
(2) | In subsection (4A), omit “or police authority in Wales”. |
| |
|
| |
|