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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

190

 

      (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

is amended as follows.

      (2)  

In subsection (2), for “by the police authority” substitute “as a civilian police

employee”.

      (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

that area;

(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

police authority.”.

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).”.

 
 

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

191

 

      (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

local policing body)”.

      (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

report.”.

      (6)  

In subsection (6)(a), after “below” insert “and an elected local policing

body”.

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

report; and

(ii)   

in any other case, at”.

      (6)  

In subsection (8)—

(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

paragraph.

      (2)  

In subsection (1), omit paragraph (g).

 
 

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

192

 

207        

In section 67 (application of, and orders under, Part 5), in subsection (3), omit

paragraph (i).

208   (1)  

Section 155 (emergency financial assistance to local authorities) is amended

as follows.

      (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”.

War Crimes Act 1991

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

Crime”.

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;”.

Welsh Language Act 1993

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

(o).

 
 

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

193

 

218        

In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

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

Criminal Appeal Act 1995

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

policing body”.

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;”.

Police Act 1997

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

      (3)  

In subsection (2)—

(a)   

in paragraph (a)—

 
 

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

194

 

(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) substitute—

“(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

amended as follows.

      (2)  

After the definition of “local child curfew scheme” insert—

30

   

““local policing body” has the meaning given by section 101(1) of the

Police Act 1996;”.

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

195

 

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

“local policing body”.

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

paragraph.

      (2)  

In subsection (1), for paragraph (d) substitute—

“(d)   

the Common Council of the City of London in its capacity as

15

a police authority;”.

      (3)  

Omit subsection (4).

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

a police authority;”.

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

forces outside London),

(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

 
 

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

196

 

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)

substitute—

“(c)   

a police and crime commissioner,”.

254        

In section 129 (supplementary), in subsection (1), omit the definition of

“police authority”.

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

(b)(i) substitute—

“(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)”.

      (4)  

Omit subsection (4).

30

      (5)  

In subsection (6), omit paragraphs (h) and (m).

260   (1)  

Section 50 (model codes of conduct) 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”.

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”.

 
 

 
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Revised 18 February 2011