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
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
47

(4)
In this section references to a member of the House of Lords are references to a
person who is or, but for this section, would be entitled to receive writs of
summons to attend that House.
74
Amendment of police areas: term of office of commissioner
(1)
Subsection (2) applies where a person becomes police and crime commissioner
5
for a resulting police area by virtue of, or of an election required to be held by,
a police area alteration order.
(2)
The person’s term of office as police and crime commissioner ends at the time
when it would end had the person been elected as police and crime
commissioner at the previous ordinary election of commissioners in England
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or, as the case may be, Wales.
(3)
In this section—
“police area alteration order” means—
(a)
an order under section 32 of the Police Act 1996 (power to alter
police areas by order);
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(b)
an order under section 10 of the Local Government and Public
Involvement in Health Act 2007 (implementation of Boundary
Committee for England review of local government areas)
which alters the boundary of any police area in England;
(c)
an order under section 58 of the Local Government Act 1972
20
(implementation of proposals by Local Government Boundary
Commission for Wales) which alters the boundary of any police
area in Wales;
“resulting police area”, in relation to a police area alteration order, means
a police area existing immediately after the order comes into force—
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(a)
which is created by the order, or
(b)
any part of whose boundary results from the order.
(4)
References in this section to the coming into force of a police area alteration
order are references to the changes in police areas made by the order taking
effect.
30
75
Computation of time and timing of elections etc
(1)
Subsection (2) applies where the day, or the last day, on which anything is
required or permitted to be done by or under section 50, 51 or 71 is not a
business day.
(2)
The requirement or permission is deemed to relate instead to the first business
35
day after that day.
(3)
Where under subsection (2) the day of an election is postponed, the day to
which it is postponed is to be treated as the day of election for the purpose of—
(a)
any provision of, or made under, this Act, or
(b)
any relevant provision (within the meaning of section 58).
40
(4)
Any day which is not a business day is to be disregarded in computing any
period of time for the purpose of section 51.
(5)
In this section, “business day” means a day other than—

a Saturday,

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
48


a Sunday,

Christmas Eve,

Christmas Day,

Good Friday,

a bank holiday, or
5

a day appointed for public thanksgiving or mourning.
76
Elections: consequential amendments
Schedule 10 (consequential amendments relating to elections of persons as
police and crime commissioners) has effect.
77
The appropriate officer
10
(1)
For each police area, other than the metropolitan police district, the Secretary
of State must by order designate a local authority.
(2)
In this Chapter, the “appropriate officer”, in relation to any such police area,
means the head of paid service of the local authority designated for that police
area.
15
(3)
In this section—
“local authority” means—
(a)
a district council,
(b)
a county council in England for a county in which there are no
district councils,
20
(c)
the Council of the Isles of Scilly,
(d)
a county council or county borough council in Wales;
“head of paid service”, in relation to a council, means the person
designated by the council under section 4(1)(a) of the Local
Government Act 1989.
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78
Interpretation of Chapter 6
In this Chapter, the following terms have the following meanings, unless the
context otherwise requires—
“appropriate officer” has the meaning given by section 77;
“elector”, in relation to an election of a police and crime commissioner,
30
means a person entitled to vote at the election;
“elector”, in relation to a local government election, has same meaning as
in the Representation of the People Act 1983 (see section 202 of that
Act);
“electoral area” has the same meaning as in that Act as it applies in
35
relation to England and Wales (see section 203 of that Act);
“local government election” has the same meaning as in that Act as it
applies in relation to England and Wales (see section 203 of that Act);
“local government elector” means a person registered as a local
government elector in the register of electors in accordance with the
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provisions of the Representation of the People Acts;
“ordinary election” has the meaning given in section 50;
“police area returning officer” has the meaning given by section 54.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
49

Chapter 7
Other provisions relating to policing and crime and disorder
Requirement for national policing capabilities
79
The strategic policing requirement
(1)
For section 37A of the Police Act 1996 (setting of strategic priorities for police
5
authorities), substitute—
“37A
The strategic policing requirement
(1)
The Secretary of State must, from time to time, issue a document (the
“strategic policing requirement”) which sets out what, in the Secretary
of State’s view, are—
10
(a)
national threats at the time the document is issued, and
(b)
appropriate national policing capabilities to counter those
national threats.
(2)
A chief officer of police must, in exercising the functions of chief officer,
have regard to the strategic policing requirement.
15
(3)
Before issuing the strategic policing requirement, the Secretary of
State—
(a)
must obtain the advice of—
(i)
such persons as appear to the Secretary of State to
represent the views of chief officers of police, and
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(ii)
such persons as appear to the Secretary of State to
represent the views of local policing bodies, and
(b)
must consult such other persons as the Secretary of State thinks
fit.
(4)
The strategic policing requirement need not set out a national threat (in
25
particular) if, in the Secretary of State’s view, countering the threat
would involve police forces other than England and Wales police forces
(and only those other police forces).
(5)
References in this section to national policing capabilities to counter a
threat are references to the ability of all England and Wales police
30
forces—
(a)
to exercise one or more functions to counter that threat,
(b)
to exercise one or more functions in one or more particular ways
to counter that threat, or
(c)
to exercise one or more functions in accordance with common
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operational standards to counter that threat.
(6)
In this section—
“England and Wales police force” means—
(a)
a police force maintained under section 2,
(b)
the metropolitan police force, and
40
(c)
the City of London Police Force;
“national threat” means a threat (whether actual or prospective)
which is—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
50

(a)
a threat to national security, public safety, public order
or public confidence that is of such gravity as to be of
national importance, or
(b)
a threat which can be countered effectively or efficiently
only by national policing capabilities to counter the
5
threat.”.
Duties and powers of Secretary of State
80
General duty of Secretary of State
The Secretary of State must exercise the powers conferred by this Part in such
manner and to such extent as appears to the Secretary of State to be best
10
calculated to promote the efficiency and effectiveness of the police.
81
Obtaining advice from representative bodies
(1)
The Secretary of State may, in connection with the exercise by the Secretary of
State of any function relating to the police or policing, require a representative
body to give the Secretary of State advice on any matter.
15
(2)
A requirement under subsection (1) may specify the period within which the
advice is to be given.
(3)
A representative body must comply with a requirement under subsection (1).
(4)
In a case where—
(a)
the Secretary of State makes such a request, and
20
(b)
the representative body gives the advice (and, where applicable, does
so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that
function.
(5)
In this section “representative body” means any body which appears to the
25
Secretary of State to represent the professional views of members of one or
more police forces.
82
Abolition of certain powers of Secretary of State
In the Police Act 1996, omit—
(a)
section 38 (performance targets for police strategic priorities);
30
(b)
section 39 (codes of practice for police authorities);
(c)
section 43 (reports from police authorities to Secretary of State).
83
Suspension and removal of senior police officers
(1)
The Police Act 1996 is amended as follows.
(2)
Section 42 (removal of chief constables etc) is amended in accordance with
35
subsections (3) to (11).
(3)
For the title substitute “Metropolitan police: suspension or removal of
Commissioner or Deputy Commissioner”.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
51

(4)
For subsections (1) to (1B) substitute—
“(1)
The Secretary of State may require the Mayor’s Office for Policing and
Crime to exercise the power under section 48 of the Police Reform and
Social Responsibility Act 2011 (the “2011 Act”) to call upon the
Commissioner of Police of the Metropolis, or the Deputy
5
Commissioner of Police of the Metropolis, to retire or resign.
(1A)
The Secretary of State may also require the Mayor’s Office for Policing
and Crime to exercise the power under section 48 of the 2011 Act to
suspend the Commissioner of Police of the Metropolis, or the Deputy
Commissioner of Police of the Metropolis, if the Secretary of State
10
considers that it is necessary for the maintenance of public confidence
in the metropolitan police force for that police officer to be suspended.”.
(5)
In subsection (2), for the words before paragraph (a) substitute—
“(2)
Before requiring the Mayor’s Office for Policing and Crime to exercise
its power to call upon the Commissioner of Police of the Metropolis, or
15
the Deputy Commissioner of Police of the Metropolis, to retire or
resign, the Secretary of State shall—”.
(6)
In subsection (2A), for the words from “notice” (in the second place) to the end
substitute “notice to the Mayor’s Office for Policing and Crime.”.
(7)
In subsection (3A)—
20
(a)
in paragraph (a), for the words from “, Deputy” to “question” substitute
“or Deputy Commissioner”;
(b)
in paragraph (b), for the words from “Metropolitan” to “concerned”
substitute “Mayor’s Office for Policing and Crime”.
(8)
In subsection (3B), for the words from “, Deputy” to “question” substitute “or
25
Deputy Commissioner”.
(9)
In subsection (4), for the words from “, the Deputy” to “constable” substitute
“or Deputy Commissioner”.
(10)
For subsection (4A) substitute—
“(4A)
If the Secretary of State exercises the power conferred by subsection (1)
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to require the Mayor’s Office for Policing and Crime to call upon the
Commissioner to retire or resign—
(a)
the requirement of section 48(1) of the 2011 Act to obtain the
Secretary of State’s consent does not apply, and
(b)
section 48(5) of the 2011 Act does not apply.”.
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(11)
Omit subsection (4C).
(12)
In section 50 (regulations for police forces), after subsection (2) insert—
“(2A)
Without prejudice to the generality of subsection (1) or (2), regulations
under this section may make provision with respect to the procedures
to be followed by police and crime commissioners, or the Mayor’s
40
Office for Policing and Crime, in exercising—
(a)
powers of suspension, or
(b)
powers of removal,

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
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(whether, in the case of the Mayor’s Office for Policing and Crime, on
their own initiative or in compliance with a requirement imposed by
the Secretary of State).
(2B)
In subsection (2A)—
“power of removal” means—
5
(a)
the power conferred on police and crime commissioners
by section 38(3) of the 2011 Act to require chief
constables to retire or resign;
(b)
the power conferred on the Mayor’s Office for Policing
and Crime by section 48(3) of the 2011 Act to require the
10
Commissioner or Deputy Commissioner of Police of the
Metropolis to retire or resign;
“power of suspension” means—
(a)
the power conferred on police and crime commissioners
by section 38(2) of the 2011 Act to suspend chief
15
constables;
(b)
the power conferred on the Mayor’s Office for Policing
and Crime by section 48(1) of the 2011 Act to suspend
the Commissioner or Deputy Commissioner of Police of
the Metropolis;
20

and for this purpose “2011 Act” means the Police Reform and Social
Responsibility Act 2011.”.
Her Majesty’s inspectors of constabulary
84
Functions of HMIC
(1)
Section 54 of the Police Act 1996 (appointment and functions of inspectors of
25
constabulary) is amended as follows.
(2)
In subsection (2) omit “to the Secretary of State”.
(3)
Omit subsection (2A).
(4)
After subsection (2B) insert—
“(2BA)
The local policing body for a police area may at any time request the
30
inspectors of constabulary to carry out an inspection under this section
of a police force maintained for that police area; and a request under
this subsection may include a request for the inspection to be confined
to a particular part of the force in question, to particular matters or to
particular activities of that force.
35
(2BB)
Where a local policing body requests the inspectors to carry out an
inspection under subsection (2BA), the body must pay to the inspectors
such reasonable costs incurred or to be incurred in connection with the
inspection as the inspectors may require.”.
(5)
Omit subsection (2C).
40
(6)
In subsection (4)—
(a)
for “in such form as the Secretary of State may direct” substitute “on the
carrying out of inspections under this section”, and
(b)
for “Secretary of State” (in the third place) substitute “chief inspector”.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
53

(7)
After subsection (4) insert—
“(4A)
A report under subsection (4) must include the chief inspector’s
assessment of the efficiency and effectiveness of policing in England
and Wales for the year in respect of which the report is prepared.”.
85
HMIC reports: publication
5
(1)
Section 55 of the Police Act 1996 (publication of reports) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
The inspectors of constabulary must arrange for any report prepared
under section 54 to be published in such manner as appears to the
inspectors to be appropriate.”.
10
(3)
For subsection (2) substitute—
“(2)
But the inspectors of constabulary must exclude from publication
under subsection (1) anything that the inspectors consider—
(a)
would be against the interests of national security, or
(b)
might jeopardise the safety of any person.
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(2A)
The inspectors must disclose to the Secretary of State anything
excluded from publication by virtue of subsection (2).”.
(4)
For subsection (3) substitute—
“(3)
The inspectors of constabulary must send a copy of the published
report to—
20
(a)
the Secretary of State,
(b)
the local policing body maintaining the police force to which the
report relates,
(c)
the chief officer of police of that police force, and
(d)
any police and crime panel established under section 28 of the
25
Police Reform and Social Responsibility Act 2011 for the police
area of that police force.”.
(5)
In subsection (4)—
(a)
for “police authority” substitute “local policing body”, and
(b)
for “authority” substitute “body”.
30
(6)
In subsection (5)—
(a)
for “police authority” substitute “local policing body”, and
(b)
in paragraph (c) and in the words following that paragraph, for
“authority” substitute “body”.
(7)
In subsection (6) for “police authority” substitute “local policing body”.
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(8)
Omit subsection (8).
86
Inspection programmes and frameworks
(1)
Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about
HMIC) is amended as follows.