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
211

Government of Wales Act 2006
353
The Government of Wales Act 2006 is amended as follows.
354
In section 72 (partnership council), in subsection (5)(c), for “police
authorities” substitute “police and crime commissioners”.
355   (1)
Part 1 of Schedule 5 (Assembly Measures) is amended in accordance with
5
this paragraph.
      (2)
In matter 12.3 (conduct of members of relevant authorities), in the definition
of “relevant authority”, leave out the words from “, except” to the end.
      (3)
In matter 15.6, in paragraph (b) of the provision beginning “This matter
applies”, for “police authorities” substitute “police and crime
10
commissioners”.
356
In Part 1 of Schedule 7 (Assembly Acts: subjects), in paragraph 12 for “police
authorities” substitute “police and crime commissioners”.
London Olympic Games and Paralympic Games Act 2006
357
The London Olympic Games and Paralympic Games Act 2006 is amended
15
as follows.
358
In section 21 (offence), in subsection (4), after “pay to” insert “a local policing
body,”.
359
In section 22 (enforcement of power of entry)—
(a)
in subsection (8), after “compensation from” insert “a local policing
20
body,”;
(b)
in subsection (9), after “A” (at the beginning) insert “local policing
body, a”.
360
In section 28 (enforcement of power of entry)—
(a)
in subsection (6), after “compensation from” insert “a local policing
25
body,”;
(b)
in subsection (7), after “A” (at the beginning) insert “local policing
body, a”.
Police and Justice Act 2006
361
The Police and Justice Act 2006 is amended as follows.
30
362
In section 6 (consultation with APA and ACPO), omit subsection 2(2)(a).
363   (1)
Schedule 1 (National Policing Improvement Agency) is amended as follows.
      (2)
In paragraph 5 (annual plans)—
(a)
in sub-paragraph (6)(b), for “police authority” substitute “local
policing body”;
35
(b)
in sub-paragraph (7), for paragraph (b) substitute—
“(b)
such persons as appear to the Secretary of State to
represent the views of police and crime
commissioners,
(ba)
the Mayor’s Office for Policing and Crime,
40
(bb)
the Common Council of the City of London,”.

Police Reform and Social Responsibility Bill
Schedule 16 — Police reform: minor and consequential amendments
Part 3 — Other enactments
212

      (3)
In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word
“and” at the end of sub-paragraph (2)(b)) substitute—
“(b)
such persons as appear to the Secretary of State to
represent the views of police and crime commissioners,
(c)
the Mayor’s Office for Policing and Crime, and
5
(d)
the Common Council of the City of London.”.
      (4)
In paragraph 7 (chairman and other members)—
(a)
for sub-paragraph (2)(a) substitute—
“(a)
such persons as appear to the Secretary of State to
represent the views of police and crime
10
commissioners,
(ab)
the Mayor’s Office for Policing and Crime,
(ac)
the Common Council of the City of London, and”;
(b)
in sub-paragraph (4)(a), for “nominated by the Association of Police
Authorities” substitute “who is a police and crime commissioner”.
15
      (5)
In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police
authority” substitute “local policing body”.
      (6)
In the italic heading before paragraph 35 (Payments by Agency to police
authorities), after “to” insert “local policing bodies”.
      (7)
In paragraph 35, in sub-paragraph (a), for “police authorities” substitute
20
“local policing bodies”.
      (8)
In paragraph 48 (power to modify objects, functions and strategy of the
Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—
“(b)
such persons as appear to the Secretary of State to
represent the views of police and crime commissioners,
25
(c)
the Mayor’s Office for Policing and Crime,
(d)
the Common Council of the City of London, and”.
Safeguarding Vulnerable Groups Act 2006
364
In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred
lists), in paragraph 19 (information), in sub-paragraph (4), for “police
30
authority” substitute “local policing body”.
Violent Crime Reduction Act 2006
365
The Violent Crime Reduction Act 2006 is amended as follows.
366
In section 18 (functions of local chief officer of police), for “police authority”
(in each place), substitute “local policing body”.
35
367
In section 19 (guidance about the designation of zones)—
(a)
for “police authorities” (in each place) substitute “local policing
bodies”;
(b)
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
213

Corporate Manslaughter and Corporate Homicide Act 2007
368
In the Corporate Manslaughter and Corporate Homicide Act 2007, in section
13 (application to police forces), in subsection (3)(b), for “police authority”
substitute “local policing body”.
Local Government and Public Involvement in Health Act 2007
5
369
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
370
In section 104 (application of Chapter 1 of Part 5: partner authorities), for
subsection (2)(e) substitute—
“(e)
a local policing body;”.
10
371
In section 123 (joint overview and scrutiny committees), in subsection (7) for
“a police authority” substitute “a local policing body”.
372
In section 212 (entities controlled etc by local authorities), in subsection (7),
in paragraph (a) of the definition of “local authority”, after “that Act)” insert
“, apart from a police and crime commissioner”.
15
Serious Crime Act 2007
373
In the Serious Crime Act 2007, in section 39 (compliance with orders:
authorised monitors), in subsection (10), in the definition of “law
enforcement agency”—
(a)
before paragraph (a) insert—
20
“(za)
the chief constable of a police force
maintained under section 2 of the Police Act
1996;
(zb)
the Commissioner of Police of the Metropolis;
(zc)
the Common Council of the City of London in
25
its capacity as police authority;”;
(b)
in paragraph (a), omit “a police authority or”.
Pensions Act 2008
374   (1)
In the Pensions Act 2008, section 95 (police) is amended as follows.
      (2)
In subsection (1), after “by the” insert “relevant local policing body or”.
30
      (3)
In subsection (2)—
(a)
after “A” (in the first place) insert “local policing body, or a”;
(b)
after “relevant” insert “local policing body, or relevant”.
Coroners and Justice Act 2009
375
In the Coroners and Justice Act 2009, in section 24 (provision of staff and
35
accommodation), in subsection (2), 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
214

Local Democracy, Economic Development and Construction Act 2009
376
The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.
377
In section 2 (democratic arrangements of connected authorities)—
(a)
for subsection (3)(f) substitute—
5
“(f)
a local policing body;”;
(b)
for subsection (5)(e) substitute—
“(e)
a local policing body;”.
378
In section 23 (duty of public authorities to secure involvement), in
subsection (2), for paragraph (j) substitute—
10
“(j)
the Common Council of the City of London in its capacity as
a police authority;”.
379
In section 35 (mutual insurance: supplementary), in subsection (2), for
paragraph (k) substitute—
“(k)
the Common Council of the City of London in its capacity as
15
a police authority;”.
380
In section 123 (partner authorities), for subsection (2)(d) substitute—
“(d)
a local policing body;”.
Policing and Crime Act 2009
381
In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments
20
Panel), omit subsection (1).
Child Poverty Act 2010
382
In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for
“police authority” substitute “local policing body”.
Equality Act 2010
25
383
The Equality Act 2010 is amended as follows.
384
In section 1 (public sector duty regarding socio-economic duties), in
subsection (3)(k), for “police authority” substitute “police and crime
commissioner”.
385
In section 43 (interpretation of section 42)—
30
(a)
in subsection (3), for “police authority” (in each place) substitute
“local policing body or police authority”;
(b)
in subsection (8), for paragraph (d) substitute—
“(d)
the Police Reform and Social Responsibility Act
2011.”.
35
386
In Schedule 19 (public authorities), in Part 1, for the words from “A police
authority” to “section 5B of that Act”, substitute—

“A police and crime commissioner established under section 1 of
the Police Reform and Social Responsibility Act 2011.

Police Reform and Social Responsibility Bill
Schedule 17 — Temporary class drug orders
215


The Mayor’s Office for Policing and Crime established under
section 3 of that Act.”.
Schedule 17
Section 150

Temporary class drug orders
Amendments of the Misuse of Drugs Act 1971
5
1
The Misuse of Drugs Act 1971 is amended as set out in paragraphs 2 to 20.
2
In section 2 (controlled drugs and their classification for purposes of Act), in
subsection (1)—
(a)
in paragraph (a), for the words after “specified” substitute “—
(i)
in Part I, II or III of Schedule 2, or
10
(ii)
in a temporary class drug order as a drug subject to
temporary control (but this is subject to section 2A(5));”, and
(b)
at the end of paragraph (b) insert “, and
(c)
the expression “temporary class drug” means any
substance or product which is for the time being a
15
controlled drug by virtue of a temporary class drug
order;”.
3
After section 2 insert—
“2A
Temporary class drug orders
(1)
The Secretary of State may make an order (referred to in this Act as a
20
“temporary class drug order”) specifying any substance or product
as a drug subject to temporary control if the following two conditions
are met.
(2)
The first condition is that the substance or product is not a Class A
drug, a Class B drug or a Class C drug.
25
(3)
The second condition is that it appears to the Secretary of State that—
(a)
the substance or product is a drug that is being, or is likely to
be, misused, and
(b)
that misuse is having, or is capable of having, harmful effects.
(4)
A substance or product may be specified in a temporary class drug
30
order by reference to—
(a)
the name of the substance or product, or
(b)
a description of the substance or product (which may take
such form as the Secretary of State thinks appropriate for the
purposes of the specification).
35
(5)
A substance or product specified in a temporary class drug order as
a drug subject to temporary control ceases to be a controlled drug by
virtue of the order—
(a)
at the end of one year beginning with the day on which the
order comes into force, or
40

Police Reform and Social Responsibility Bill
Schedule 17 — Temporary class drug orders
216

(b)
if earlier, upon the coming into force of an Order in Council
under section 2(2) by virtue of which the substance or
product is specified in Part 1, 2 or 3 of Schedule 2.
(6)
Subsection (5) is without prejudice to the power of the Secretary of
State to vary or revoke a temporary class drug order by a further
5
order.
(7)
An order under this section is to be made by statutory instrument.
(8)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.”.
10
4
In section 3 (restriction of importation and exportation of controlled drugs),
in subsection (2)(a) after “this Act” insert “or by provision made in a
temporary class drug order by virtue of section 7A”.
5
In section 4(1) (restriction of production and supply of controlled drugs),
after “this Act” insert “, or any provision made in a temporary class drug
15
order by virtue of section 7A,”.
6
In section 5 (restriction of possession of controlled drugs), after subsection
(2) insert—
“(2A)
Subsections (1) and (2) do not apply in relation to a temporary class
drug.”.
20
7
In section 7 (authorisation of activities otherwise unlawful under foregoing
provisions of Act), after subsection (9) insert—
“(10)
In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.
8
After section 7 insert—
25
“7A
Temporary class drug orders: power to make further provision
(1)
This section applies if a temporary class drug order specifies a
substance or product as a drug subject to temporary control.
(2)
The order may—
(a)
include provision for the exception of the drug from the
30
application of section 3(1)(a) or (b) or 4(1)(a) or (b),
(b)
make such other provision as the Secretary of State thinks fit
for the purpose of making it lawful for persons to do things
in respect of the drug which under section 4(1) it would
otherwise be unlawful for them to do,
35
(c)
provide for circumstances in which a person’s possession of
the drug is to be treated as excepted possession for the
purposes of this Act, and
(d)
include any provision in relation to the drug of a kind that
could be made in regulations under section 10 or 22 if the
40
drug were a Class A drug, a Class B drug or a Class C drug
(but ignoring section 31(3)).
(3)
Provision under subsection (2) may take the form of applying (with
or without modifications) any provision made in regulations under
section 7(1), 10 or 22.
45

Police Reform and Social Responsibility Bill
Schedule 17 — Temporary class drug orders
217

(4)
Provision under subsection (2)(b) may (in particular) provide for the
doing of something to be lawful if it is done—
(a)
in circumstances mentioned in section 7(2)(a), or
(b)
in compliance with such conditions as may be prescribed by
virtue of section 7(2)(b).
5
(5)
Section 7(8) applies for the purposes of this section.
(6)
Section 31(1) (general provision as to regulations) applies in relation
to a temporary class drug order that contains provision made by
virtue of this section as it applies to regulations under this Act.”.
9
In section 9A (prohibition of supply etc of articles for administering or
10
preparing controlled drugs), in subsection (4)—
(a)
at the end of paragraph (a) omit “or”,
(b)
in paragraph (b) after “of a controlled drug” insert “, other than a
temporary class drug,”, and
(c)
at the end of that paragraph insert “, or
15
(c)
the administration by any person of a temporary class
drug to himself in circumstances where having the
drug in his possession is to be treated as excepted
possession for the purposes of this Act (see section
7A(2)(c)).”.
20
10
In section 10 (power to make regulations for preventing misuse of controlled
drugs), after subsection (2) insert—
“(3)
In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.
11
In section 11 (power to direct special precautions for safe custody of
25
controlled drugs to be taken at certain premises), in subsection (1) after “of
this Act” insert “or by provision made in a temporary class drug order by
virtue of section 7A that is of a corresponding description to such
regulations”.
12    (1)
Section 13 (directions prohibiting prescribing, supply etc of controlled drugs
30
by practitioners in other cases) is amended as follows.
      (2)
In subsection (1)—
(a)
after “section 10(2) of this Act” insert “or of corresponding provision
made in a temporary class drug order”, and
(b)
after “said paragraph (i)” insert “or of any such corresponding
35
provision”.
      (3)
After subsection (1) insert—
“(1A)
For the purposes of subsection (1), provision made in a temporary
class drug order is “corresponding provision” if it—
(a)
is made by virtue of section 7A(2)(d), and
40
(b)
is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).”.
13
In section 18 (miscellaneous offences), after subsection (4) insert—
“(5)
In this section (and in references in Schedule 4 that refer to this
section), any reference to regulations made under this Act is to be
45