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
197

      (3)
In subsection (4C), omit “other than a police authority”.
      (4)
In subsection (6)(c)(i), omit “or a police authority in Wales”.
262   (1)
Section 53 (standards committees) is amended in accordance with this
paragraph.
      (2)
In subsections (3) and (4), omit “or a police authority in Wales”.
5
      (3)
In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.
      (4)
In subsection (8), omit “or a police authority in Wales”.
      (5)
In subsection (9), omit “and a police authority in Wales”.
      (6)
In subsection (10), omit “or a police authority in Wales”.
      (7)
In subsection (11)—
10
(a)
in paragraph (a), omit “other than police authorities”;
(b)
in paragraph (k), omit “(other than police authorities)”.
263   (1)
Section 54 (functions of standards committees) is amended in accordance
with this paragraph.
      (2)
In subsection (4), omit “and police authorities in Wales”.
15
      (3)
In subsection (5), omit “(other than police authorities)”.
      (4)
In subsection (6), omit “and police authorities in Wales”.
      (5)
In subsection (7), omit “(other than police authorities)”.
264   (1)
Section 54A (sub-committees of standards committees) is amended in
accordance with this paragraph.
20
      (2)
In subsection (4), omit “or of a police authority in Wales”.
      (3)
In subsection (5), omit “other than a police authority”.
265
In section 57 (Standards Board for England), in subsection (5)(b) and (c),
omit “and police authorities in Wales”.
266
In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a)
25
and (b), omit “(other than police authorities)”.
267
In section 73 (matters referred to monitoring officers), omit subsection (6).
268   (1)
Section 81 (disclosure and registration of members’ interests etc) is amended
in accordance with this paragraph.
      (2)
In subsection (7)(b), omit “or a police authority in Wales”.
30
      (3)
In subsection (8), omit “(other than police authorities)”.
269   (1)
Section 82 (code of conduct for local government employees) 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
270
In section 83 (interpretation of Part 3), in subsection (1), omit the definition
of “police authority”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
198

271   (1)
Section 101 (indemnification of members and officers 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)
In subsection (5), for ““police authority” and “relevant authority” have”
5
substitute ““relevant authority” has”.
Criminal Justice and Police Act 2001
272
The Criminal Justice and Police Act 2001 is amended as follows.
273
In section 97 (regulations for police forces)—
(a)
in subsection (3)(a), for “police authorities” substitute “local policing
10
bodies”;
(b)
for subsection (4)(c), substitute—
“(c)
such persons as appear to the Secretary of State to
represent the views of police and crime
commissioners;
15
(ca)
the Mayor’s Office for Policing and Crime;
(cb)
the Common Council of the City of London; and”.
274
In section 98 (directions after inspection identifies training needs), in
subsections (1) and (2) for “police authority” substitute “local policing
body”.
20
Private Security Industry Act 2001
275   (1)
In the Private Security Industry Act 2001, Schedule 2 (activities liable to
control under the Act) is amended as follows.
      (2)
In paragraph 2 (manned guarding), in sub-paragraph (7)—
(a)
in sub-paragraph (f)—
25
(i)
for “police authority” (in the first place) substitute “local
policing body”;
(ii)
for “police authority employees” substitute “civilian staff”;
(b)
in sub-paragraph (i), for “police authority employees” substitute
“civilian staff”.
30
      (3)
In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for
“police authority employees” substitute “civilian staff”.
      (4)
In paragraph 3A (restriction and removal of vehicles), in sub-paragraph
(6)—
(a)
in sub-paragraph (c), for “police authority” substitute “local policing
35
body”;
(b)
in sub-paragraph (e), for “police authority employees” substitute
“civilian staff”.
Vehicles (Crime) Act 2001
276
The Vehicles (Crime) Act 2001 is amended as follows.
40
277
In section 18 (register of registration plate suppliers), in subsection (9), for

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
199

paragraph (a) substitute—
“(a)
members of the civilian staff of a police force, including the
metropolitan police force, (within the meaning of Part 1 of the
Police Reform and Social Responsibility Act 2011),
(aa)
persons employed by the Common Council of the City of
5
London who are under the direction and control of the
Commissioner of Police for the City of London,”.
278
In section 38 (unified power for Secretary of State to fund speed cameras etc),
in subsection (5)(b), for the words from “any police authority” to
“Metropolitan Police Authority” substitute “any police and crime
10
commissioner, the Mayor’s Office for Policing and Crime”.
Police Reform Act 2002
279
The Police Reform Act 2002 is amended as follows.
280   (1)
Section 10 (general functions of the Commission) is amended in accordance
with this paragraph.
15
      (2)
In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute
“local policing bodies”.
      (3)
In subsection (3)(d), for “police authority” substitute “local policing body”.
281
In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a),
(9) and (10)(b), for “police authority” substitute “local policing body”.
20
282
In section 12 (complaints, matters and persons to which Part 2 applies), in
subsection (7)—
(a)
after paragraph (a) insert—
“(aa)
he is a civilian employee of a police force;”;
(b)
in paragraph (b), for “police authority” substitute “the Common
25
Council of the City of London”.
283   (1)
Section 15 (general duties of police authorities, chief constables and
inspectors) is amended in accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “local policing bodies”.
      (3)
In subsections (1)(a) and (3)(a), for “police authority” substitute “local
30
policing body”.
      (4)
In subsection (3)(c), for “police authority” substitute “local policing body”.
      (5)
In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute
“local policing body”.
284   (1)
Section 16 (payment for assistance with investigations) is amended in
35
accordance with this paragraph.
      (2)
In subsection (3)—
(a)
for “police authority” (in each place) substitute “local policing body”;
(b)
in paragraph (b)(i), for “police authorities” substitute “local policing
bodies”.
40
      (3)
In subsection (4)—
(a)
for “police authority” substitute “local policing body”;

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
200

(b)
in paragraph (a), for “that authority” substitute “that body”;
(c)
in paragraph (b)(i), for “police authorities” substitute “local policing
bodies”.
      (4)
In subsection (5), for “police authority” substitute “local policing body”.
      (5)
In subsection (6), for “police authorities” (in each place) substitute “local
5
policing bodies”.
285   (1)
Section 16A (police investigations: National Police Improvement Agency
involvement) is amended in accordance with this paragraph.
      (2)
In subsection (1), for “police authority” substitute “local policing body”.
      (3)
In subsection (7)—
10
(a)
for “police authority” substitute “local policing body”;
(b)
in paragraph (b)(i), for “police authorities” substitute “local policing
bodies”.
286
In section 17 (provision of information to the Commission)—
(a)
in subsection (1)(a), for “police authority” substitute “local policing
15
body”;
(b)
in subsection (2)—
(i)
for “police authority” substitute “local policing body”;
(ii)
in paragraph (a), for “that authority” substitute “that body”;
(c)
in subsection (4)—
20
(i)
for “police authority” substitute “local policing body”;
(ii)
in paragraphs (a) and (b), for “that authority” substitute “that
body”;
(d)
in subsection (6), for “police authority” substitute “local policing
body”.
25
287
In section 18 (inspections of police premises on behalf of Commission)—
(a)
in subsection (1)—
(i)
for “the authority” substitute “the body”;
(ii)
in paragraph (a), for “police authority” substitute “local
policing body”;
30
(b)
in subsection (3), for “the authority” substitute “the body”;
(c)
in subsection (5)(b), for “police authorities” substitute “local policing
bodies”.
288
In section 20 (duty to keep the complainant informed), in subsection (8), for
“police authority” substitute “local policing body”.
35
289   (1)
Section 22 (power of Commission to issue guidance) is amended as follows.
      (2)
In subsection (1)(a), for “police authorities” substitute “local policing
bodies”.
      (3)
In subsection (3), for paragraph (a) substitute—
“(a)
such persons as appear to the Commission to represent the
40
views of police and crime commissioners;
(aa)
the Mayor’s Office for Policing and Crime;
(ab)
the Common Council;”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
201

290
In section 23 (regulations), in subsection (2)(n), for “police authorities”
substitute “local policing bodies”.
291
In section 24 (consultation on regulations), for paragraph (b) substitute—
“(b)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
5
(ba)
the Mayor’s Office for Policing and Crime;
(bb)
the Common Council;”.
292   (1)
Section 26 (forces maintained otherwise than by police authorities) is
amended in accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “local policing bodies”.
10
      (3)
In subsections (1)(b) and (2), for “police authority” substitute “local policing
body”.
293
In section 29 (interpretation of Part 2), in subsection (1)—
(a)
in the definition of “appropriate authority”—
(i)
for “a senior officer” (in each place) substitute “the chief
15
officer”;
(ii)
for “police authority” (in each place) substitute “local
policing body”;
(b)
in the definition of “relevant force”, for paragraph (a) substitute—
“(a)
if that authority is a local policing body, the
20
police force which the body is responsible for
maintaining; and”;
(c)
omit the definition of “senior officer”.
294   (1)
Section 38 (police powers for police authority employees) is amended in
accordance with this paragraph.
25
      (2)
In the title, for “police authority employees” substitute “civilian staff”.
      (3)
In subsection (1), for the words from “designate” to “an officer” substitute
“designate a relevant employee as an officer”.
      (4)
In subsection (7), for “An employee of a police authority” substitute “A
relevant employee”.
30
      (5)
After subsection (9) insert—
“(11)
In this section “relevant employee” means—
(a)
in the case of—
(i)
a police force maintained for a police area in
accordance with section 2 of the Police Act 1996, or
35
(ii)
the police force maintained for the metropolitan
police district in accordance with section 5A of that
Act,

a member of the civilian staff of that police force (within the
meaning of Part 1 of the Police Reform and Social
40
Responsibility Act 2011);
(b)
in the case of any other police force, a person who—
(i)
is employed by the police authority maintaining that
force, and

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
202

(ii)
is under the direction and control of the chief officer
making a designation under subsection (1).”.
295
In section 38A (standard powers and duties of community support officers),
in subsection (3), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
5
the views of police and crime commissioners;
(ab)
the Mayor’s Office for Policing and Crime;
(ac)
the Common Council of the City of London; and”.
296   (1)
Section 39 (police powers for contracted out staff) is amended in accordance
with this paragraph.
10
      (2)
In subsections (1) and (2), for “police authority” substitute “local policing
body”.
      (3)
In subsection (11), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
15
(aa)
the Mayor’s Office for Policing and Crime;
(ab)
the Common Council of the City of London; and”.
      (4)
In subsection (13)(b), for “police authority” substitute “local policing body”.
297   (1)
Section 40 (community safety accreditation schemes) is amended in
accordance with this paragraph.
20
      (2)
In subsection (4)(a), for “police authority” substitute “local policing body”.
      (3)
In subsection (5), for paragraph (a) substitute—
“(a)
the Mayor’s Office for Policing and Crime;”.
      (4)
In subsection (7)—
(a)
for “police plan under section 8 of the 1996 Act” substitute “police
25
and crime plan under section 5 or 6 of the Police Reform and Social
Responsibility Act 2011”;
(b)
omit the words from “and every draft” to “this section,” (in the
second place);
(c)
for “police authority” (in each place) substitute “local policing body”.
30
298
In section 42 (supplementary provisions relating to designations and
accreditations), in subsection (7)—
(a)
for “police authority” (in each place) substitute “chief officer of police
or local policing body”;
(b)
for “that authority” substitute “that chief officer or body”.
35
299
In section 43 (railway safety accreditation scheme), in subsection (9), for
paragraph (c) substitute—
“(c)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
(ca)
the Mayor’s Office for Policing and Crime;
40
(cb)
the Common Council of the City of London; and”.
300
In section 45 (code of practice relating to chief officers’ powers under

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
203

Chapter 1), in subsection (3), for paragraph (c) substitute—
“(c)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
(ca)
the Mayor’s Office for Policing and Crime;
(cb)
the Common Council of the City of London; and”.
5
301   (1)
Section 51 (independent custody visitors for places of detention) is amended
in accordance with this paragraph.
      (2)
In subsection (1), for “police authority” substitute “local policing body”.
      (3)
In subsection (1A) (inserted by section 117 of the Coroners and Justice Act
2009), for “police authority” substitute “local policing body”.
10
      (4)
In subsection (2)—
(a)
in paragraph (a), for “police authority” substitute “local policing
body”;
(b)
in paragraph (b), for “that authority” substitute “that body”.
      (5)
In subsection (3), for “police authority” substitute “local policing body”.
15
      (6)
In subsection (6), for “police authorities” substitute “local policing bodies”.
      (7)
In subsection (7), 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;
20
(ab)
the Common Council of the City of London;”.
      (8)
In subsection (9), for “Police authorities” substitute “local policing bodies”.
      (9)
In subsection (10)—
(a)
before its substitution by virtue of section 117 of the Coroners and
Justice Act 2009, for “police authority” substitute “local policing
25
body”;
(b)
as substituted by virtue of section 117 of the Coroners and Justice Act
2009, for “police authority” substitute “local policing body”.
302   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 1
(handling of complaints) is amended in accordance with this paragraph.
30
      (2)
In paragraph 1—
(a)
in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute
“local policing body”;
(b)
in sub-paragraph (6), for “police authority” substitute “local policing
body”.
35
      (3)
In paragraph 2—
(a)
in sub-paragraphs (2) and (5), for “police authority” substitute “local
policing body”;
(b)
in sub-paragraph (6)—
(i)
for “police authority” substitute “local policing body”;
40
(ii)
for “the authority” substitute “the body”.
      (4)
In paragraph 3—
(a)
in sub-paragraph (1), for “police authority” substitute “local policing
body”;