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
204

(b)
in sub-paragraph (2)—
(i)
for “police authority” substitute “local policing body”;
(ii)
for “that authority” substitute “that body”;
(c)
in sub-paragraphs (3), (4) (in each place), and (6) (in each place), for
“police authority” substitute “local policing body”.
5
      (5)
In paragraph 4—
(a)
in sub-paragraph (3)—
(i)
for “police authority” (in each place) substitute “local
policing body”;
(ii)
in sub-paragraph (a), for “the authority” substitute “the
10
body”;
(b)
in sub-paragraph (5)(b), for “police authority” substitute “local
policing body”;
(c)
in sub-paragraph (6)—
(i)
for “police authority” substitute “local policing body”;
15
(ii)
in sub-paragraph (b), for “the authority” substitute “the
body”.
      (6)
In paragraph 5(1), for “police authority” substitute “local policing body”.
303   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 2
(handling of conduct matters) is amended in accordance with this
20
paragraph.
      (2)
In paragraph 10—
(a)
in sub-paragraph (1)—
(i)
in sub-paragraph (a) for “police authority” (in each place)
substitute “local policing body”;
25
(ii)
in sub-paragraphs (a) and (b), for “that authority” substitute
“that body”;
(b)
in sub-paragraph (2), for “the authority” substitute “the body”;
(c)
in sub-paragraph (3), for “police authority” substitute “local policing
body”.
30
      (3)
In paragraph 11(1)(a), for “police authority” substitute “local policing body”.
      (4)
In paragraph 12—
(a)
in sub-paragraph (1)—
(i)
for “police authority” substitute “local policing body”;
(ii)
for “that authority” substitute “that body”;
35
(b)
in sub-paragraph (5), for “police authority” substitute “local policing
body”;
(c)
in sub-paragraph (6), for “police authority” substitute “local policing
body”.
      (5)
In paragraph 13—
40
(a)
in sub-paragraph (1)—
(i)
for “police authority” substitute “local policing body”;
(ii)
for “the authority” substitute “the body”;
(b)
in sub-paragraph (3)—
(i)
for “police authority” substitute “local policing body”;
45

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
205

(ii)
in sub-paragraph (b), for “police authority” substitute “local
policing body”;
(c)
in sub-paragraph (5)(b), for “police authority” substitute “local
policing body”;
(d)
in sub-paragraph (6)—
5
(i)
for “police authority” substitute “local policing body”;
(ii)
for “that authority” (in each place) substitute “that body”.
      (6)
In paragraph 14(1), for “police authority” substitute “local policing body”.
304   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 2A
(handling of death and serious injury matters) is amended in accordance
10
with this paragraph.
      (2)
In paragraph 14A(1), for “police authority” substitute “local policing body”.
      (3)
In paragraph 14B—
(a)
in sub-paragraph (1)—
(i)
for “police authority” substitute “local policing body”;
15
(ii)
for “that authority” (in each place) substitute “that body”;
(b)
in sub-paragraph (5), for “police authority” substitute “local policing
body”;
(c)
in sub-paragraph (6), for “police authority” substitute “local policing
body”.
20
      (4)
In paragraph 14D(1), for “police authority” substitute “local policing body”.
305
In Schedule 4 (powers exercisable by police civilians), in paragraph 7
(confiscation of tobacco etc), for “police authority” substitute “local policing
body”.
Proceeds of Crime Act 2002
25
306
The Proceeds of Crime Act 2002 is amended as follows.
307
In section 55 (sums received by designated officer), in subsection (8)—
(a)
after paragraph (a) insert—
“(aa)
a member of a police and crime commissioner’s staff
(within the meaning of Part 1 of the Police Reform
30
and Social Responsibility Act 2011),
(ab)
a member of the staff of the Mayor’s Office for
Policing and Crime (within the meaning of that Part
of that Act),
(ac)
a member of the civilian staff of a police force,
35
including the metropolitan police force, (within the
meaning of that Part of that Act),”;
(b)
in paragraph (b), omit the words from “a person” to “or”.
308
In section 302 (compensation), in subsection (7A)(a), for sub-paragraph (i)
substitute—
40
“(i)
who was a member of the civilian staff of a police
force, including the metropolitan police force, (within
the meaning of that Part of that Act), or”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
206

Anti-social Behaviour Act 2003
309
The Anti-social Behaviour Act 2003 is amended as follows.
310
In section 8 (reimbursement of costs)—
(a)
in subsection (1), for “A police authority” substitute “A local policing
body”;
5
(b)
in subsection (4)—
(i)
in paragraph (a), for “the police authority” substitute “the
local policing body”;
(ii)
in paragraph (b), for “a police authority” substitute “a local
policing body”.
10
311
In section 11H (Part 1A closure order: reimbursement of costs)—
(a)
in subsection (1), for “A police authority” substitute “A local policing
body”;
(b)
in subsection (4)—
(i)
in paragraph (a), for “the police authority” substitute “the
15
local policing body”;
(ii)
in paragraph (b), for “a police authority” substitute “a local
policing body”.
Courts Act 2003
312
The Courts Act 2003 is amended as follows.
20
313
In section 8 (local justice areas), in subsection (7), for paragraph (c)
substitute—
“(c)
a police and crime commissioner or the Mayor’s Office for
Policing and Crime.”.
314
In section 41 (disqualification of lay justices who are members of local
25
authorities), in subsection (6)(c), 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”.
Criminal Justice Act 2003
315
In the Criminal Justice Act 2003, in section 221 (provision of attendance
30
centres), in subsection (3)—
(a)
for “police authority” substitute “local policing body”;
(b)
for “that authority” substitute “that authority or body”.
Finance Act 2003
316
In the Finance Act 2003, in Schedule 9 (stamp duty land tax: right to buy,
35
shared ownership leases etc), for “police authority” (in the first place)
substitute “local policing body”.
Licensing Act 2003
317
In the Licensing Act 2003, in section 170 (exemption of police from liability
for damages), in subsection (4A)—
40

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
207

(a)
after “such a person” insert “exercising such powers by virtue of such
a designation by the Commissioner of Police of the City of London”;
(b)
for “a police authority” substitute “the Common Council of the City
of London”.
Local Government Act 2003
5
318
The Local Government Act 2003 is amended as follows.
319
In section 23 (meaning of “local authority”), in subsection (1), for paragraph
(n) substitute—
“(n)
a police and crime commissioner;”.
320
In section 25 (budget calculations: report on robustness of estimates etc), in
10
subsection (3)—
(a)
in paragraph (d), omit “or”;
(b)
at the end of paragraph (e), insert “or
(f)
Schedule 1, 2 or 4 to the Police Reform and Social
Responsibility Act 2011”.
15
321
In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph
(m) substitute—
“(m)
a police and crime commissioner.”.
322
In section 95 (power to trade in function-related activities through a
company), in subsection (7)—
20
(a)
omit the definition of “police authority”;
(b)
in the definition of “relevant authority”, for “a police authority or”
substitute “the Common Council of the City of London in its capacity
as a police authority and”.
323
In section 101 (staff transfer matters: general), omit subsection (7).
25
Railways and Transport Safety Act 2003
324
The Railways and Transport Safety Act 2003 is amended as follows.
325
In section 25 (special constables), in subsection (5)(d), for “police authority”
substitute “local policing body”.
326
In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police
30
authority employees” substitute “civilian staff”.
327
In section 45 (regulation of procedure and practice), omit subsection (2)(a).
328
In section 50 (policing objectives: Authority), in subsection (3)—
(a)
in paragraph (a), at the end insert “and”;
(b)
omit paragraph (c) (and the word “and” at the end of paragraph (b)).
35
329
In section 55 (three-year strategy plan)—
(a)
in paragraph (b), at the end insert “and”;
(b)
omit paragraph (d) (and the word “and” at the end of paragraph (c)).
330
In Schedule 4 (British Transport Police Authority), in paragraph 7

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
208

(disqualification), for sub-paragraph (2)(c) substitute—
“(c)
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),
(ca)
a member of the staff of the Mayor’s Office for Policing and
5
Crime (within the meaning of that Part of that Act),
(cb)
a member of the civilian staff of a police force, including the
metropolitan police force, (within the meaning of that Part of
that Act), or”.
Sexual Offences Act 2003
10
331
In the Sexual Offences Act 2003, in section 136M (reimbursement of costs),
for “police authority” (in each place) substitute “local policing body”.
Children Act 2004
332
The Children Act 2004 is amended as follows.
333
In section 10 (co-operation to improve well-being: England), in subsection
15
(4)(b), for “the police authority” substitute “the local policing body”.
334
In section 11 (arrangements to safeguard and promote welfare: England), in
subsection (1)(h), for “police authority” substitute “local policing body”.
335
In section 25 (co-operation to improve well-being: Wales), in subsection
(4)(a), for “the police authority” substitute “the local policing body”.
20
336
In section 28 (arrangements to safeguard and promote welfare: Wales), in
subsection (1)(d), for “police authority” substitute “local policing body”.
Housing Act 2004
337
In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in
paragraph 2(1) (buildings controlled or managed by public sector bodies
25
etc), for sub-paragraphs (c) and (d) substitute—
“(c)
a police and crime commissioner,
(d)
the Mayor’s Office for Policing and Crime,”.
Public Audit (Wales) Act 2004
338
The Public Audit (Wales) Act 2004 is amended as follows.
30
339
In section 12 (local government bodies in Wales), in subsection (1)—
(a)
in paragraph (f), for “police authority” substitute “police and crime
commissioner”;
(b)
after paragraph (f), insert—
“(fa)
a chief constable of a police force maintained under
35
section 2 of the Police Act 1996 for a police area in
Wales;”.
340   (1)
Section 40 (documents relating to police authorities) is amended in
accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “police and crime
40
commissioners and chief constables”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
209

      (3)
In subsection (1), for “police authority for” substitute “police and crime
commissioner for, or the chief constable of a police force maintained under
section 2 of the Police Act 1996 for,”.
      (4)
In subsection (2)—
(a)
for “police authorities” substitute “police and crime commissioners”;
5
(b)
for “police authority” substitute “police and crime commissioner”.
      (5)
After subsection (2) insert—
“(3)
If the Auditor General for Wales has sent a document (or a copy of a
document) relating to one or more chief constables of police forces
maintained under section 2 of the Police Act 1996 for a police area in
10
Wales, the Auditor General may send a copy of the document to the
persons to whom a copy of a document may be sent under
subsection (2).”.
341
In section 46 (performance standards: relevant bodies), in subsection (1)(d),
for “police authority” substitute “police and crime commissioner”.
15
Drugs Act 2005
342
In the Drugs Act 2005, in section 19 (interpretation), for subsection (7)
substitute—
“(7)
“Police support officer” means—
(a)
persons appointed by a chief constable under paragraph 4 of
20
Schedule 2 to the Police Reform and Social Responsibility Act
2011 (civilian staff of police forces outside London), and
(b)
persons appointed by the Commissioner of Police of the
Metropolis under paragraph 1 of Schedule 4 to that Act
(civilian staff of metropolitan police force).”.
25
Public Services Ombudsman (Wales) Act 2005
343
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
344
In Schedule 2 (excluded matters), in paragraph 1, for “police authority”
substitute “police and crime commissioner”.
345
In Schedule 3 (listed authorities), for “police authority” substitute “police
30
and crime commissioner”.
Serious Organised Crime and Police Act 2005
346
The Serious Organised Crime and Police Act 2005 is amended as follows.
347   (1)
Section 6 (annual plans) is amended in accordance with this paragraph.
      (2)
In subsection (7)(d)—
35
(a)
at the beginning insert “each local policing body for an area in
England and Wales,”;
(b)
for “Great Britain” substitute “Scotland”.
      (3)
In subsection (8), for “Great Britain” substitute “Scotland”.
348   (1)
Section 7 (annual reports) is amended in accordance with this paragraph.
40

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
210

      (2)
In subsection (4)(d)—
(a)
at the beginning insert “each local policing body for an area in
England and Wales,”;
(b)
for “Great Britain” substitute “Scotland”.
      (3)
In subsection (5), for “Great Britain” substitute “Scotland”.
5
349   (1)
Section 23 (mutual assistance between SOCA and law enforcement agencies:
voluntary arrangements) is amended in accordance with this paragraph.
      (2)
In subsections (8) and (9), for “relevant police authority” substitute “relevant
policing body”.
      (3)
In subsection (11), in the definition of “relevant police authority”—
10
(a)
for “relevant police authority” substitute “relevant policing body”;
(b)
before paragraph (a) insert—
“(za)
in relation to a police force in England or
Wales, the local policing body maintaining
that force,”;
15
(c)
in paragraph (a), for “Great Britain” substitute “Scotland”.
350   (1)
Section 26 (use by SOCA of police premises etc) is amended in accordance
with this paragraph.
      (2)
In subsection (1)(a), for “relevant police authority” substitute “relevant
policing body”.
20
      (3)
In subsection (2)—
(a)
in paragraph (a), for “relevant police authority” substitute “relevant
policing body”;
(b)
for “that authority” substitute “that body”.
      (4)
In subsection (3)—
25
(a)
for “relevant police authority” substitute “relevant policing body”;
(b)
in paragraphs (a) and (b), for “that body” substitute “SOCA or that
body”.
      (5)
In subsection (6)—
(a)
for “relevant police authority” substitute “relevant policing body”;
30
(b)
for “that authority” substitute “that body”.
      (6)
In subsection (7)—
(a)
for “relevant police authority” substitute “relevant policing body”;
(b)
for “the police authority” substitute “the local policing body”.
351   (1)
Section 155 (payments by Secretary of State to police authorities in relation
35
to the prevention, detection and enforcement of certain traffic offences) is
amended in accordance with this paragraph.
      (2)
In the title, for “police authority” substitute “local policing body”.
      (3)
In subsection (1), for “police authority” substitute “local policing body”.
352
In Schedule 5 (persons specified for the purposes of section 82), in paragraph
40
14(a), for “police authority employees” substitute “civilian staff”.