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 7 — Other provisions relating to policing and crime and disorder
54

(2)
In sub-paragraph (1) omit “, or at such times as the Secretary of State may
specify by order,”.
(3)
In sub-paragraph (2) for “each of those persons or bodies” substitute “the
Secretary of State”.
(4)
After sub-paragraph (2) insert—
5
“(2A)
The chief inspector of constabulary must—
(a)
lay before Parliament a copy of each inspection programme or
inspection framework prepared under this paragraph,
(b)
arrange for each such programme or framework to be
published in such manner as the chief inspector thinks
10
appropriate, and
(c)
send a copy of each such programme or framework to each of
the persons or bodies listed in sub-paragraph (2)(a) to (j).
(2B)
But the chief inspector of constabulary must obtain the approval of the
Secretary of State to the inspection programme or framework in
15
question before acting under sub-paragraph (2A).”.
(5)
In sub-paragraph (3)—
(a)
before “to send” insert “under sub-paragraph (2A)(c)”, and
(b)
for “that sub-paragraph” substitute “sub-paragraph (2)”.
(6)
Omit sub-paragraph (4).
20
(7)
Before sub-paragraph (5) insert—
   “(4A)
The Secretary of State may by order specify matters to which the
chief inspector of constabulary must have regard in preparing an
inspection programme or an inspection framework.
     (4B)
Those matters may (in particular) include the need to secure, so far
25
as possible, the following objectives—
(a)
that any requirements placed on police forces as a result of
inspections carried out under section 54 are not unduly
burdensome; and
(b)
that inspections under that section can be carried out
30
promptly in response to matters that raise issues of national
importance in relation to the police.
     (4C)
For the purposes of sub-paragraph (4B)(b), the Secretary of State may
issue guidance as to the matters that raise issues of national
importance in relation to the police; and the chief inspector of
35
constabulary must have regard to any such guidance in preparing an
inspection programme or an inspection framework.”.
87
Powers in connection with HMIC inspections
(1)
In Schedule 4A to the Police Act 1996 (further provision about HMIC), after
paragraph 6 insert—
40
“Powers of inspectors regarding information etc
6A    (1)
The chief officer of police of a police force must—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
55

(a)
provide to an inspector such information and documents
specified or described in a notification given by the inspector
to that chief officer, and
(b)
produce or deliver up to the inspector all such evidence and
other things so specified or described,
5

as appear to the inspector to be required for the purposes of an
inspection under section 54.
      (2)
A notification under sub-paragraph (1) requiring any information or
documents to be provided may authorise or require that they be
provided electronically.
10
      (3)
Anything that a chief officer is obliged to provide, produce or deliver
up by virtue of a requirement imposed under sub-paragraph (1)
must be provided, produced or delivered up in such form and
manner, and within such period, as may be specified—
(a)
in the notification imposing the requirement, or
15
(b)
in any subsequent notification given by the inspector to the
chief officer.
      (4)
Nothing in this paragraph requires a chief officer—
(a)
to comply with an obligation imposed under sub-paragraph
(1) before the earliest time at which it is practicable to do so,
20
or
(b)
to comply at all with any such obligation if it never becomes
practicable to do so.
      (5)
In this paragraph—
“document” means anything in which information of any
25
description is recorded, and
“inspector” means—
(a)
an inspector of constabulary, or
(b)
a person appointed under section 56 as an assistant
inspector of constabulary or staff officer to the
30
inspectors of constabulary.
Powers of inspectors regarding access to police premises
6B    (1)
Sub-paragraph (2) applies if—
(a)
an inspector requires the chief officer of police of a police
force to allow the inspector to have access to any premises
35
occupied for the purposes of that force and to documents and
other things on those premises, and
(b)
the requirement is imposed for the purposes of an inspection
under section 54.
      (2)
The chief officer must secure that the required access is allowed to
40
the inspector.
      (3)
Where there are reasonable grounds for not allowing the inspector to
have the required access at the time at which the inspector seeks to
have it, the obligation under sub-paragraph (2) has effect as an
obligation to secure that the required access is allowed to the
45
inspector at the earliest practicable time specified by the inspector
after there cease to be any such grounds.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
56

      (4)
In this paragraph “document” and “inspector” have the same
meanings as in paragraph 6A.”.
88
HMIC and freedom of information
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), at the appropriate place insert—
5
“The chief inspector of constabulary appointed under section 54(1) of the Police
Act 1996.”.
Community safety partnerships
89
Crime and disorder strategies
Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and
10
Disorder Act 1998 in relation to the formulation and implementation of crime
and disorder strategies) has effect.
Policing in England and Wales
90
Collaboration agreements
(1)
The Police Act 1996 is amended in accordance with subsections (2) and (3).
15
(2)
After section 22 insert—
“22A
Collaboration agreements
(1)
A collaboration agreement may be made by—
(a)
two or more policing bodies; or
(b)
the chief officers of police of one or more police forces and two
20
or more policing bodies.
(2)
A collaboration agreement is an agreement containing one or more of
the following—
(a)
provision about the discharge of functions of members of a
police force (“force collaboration provision”);
25
(b)
provision about support by a policing body for another policing
body (“policing body collaboration provision”);
(c)
provision about support by a policing body for the police force
which another policing body is responsible for maintaining
(“policing body & force collaboration provision”).
30
(3)
A collaboration agreement may not contain force collaboration
provision unless the parties to the agreement consist of, or include,—
(a)
the chief officer of police of each police force to which the
provision relates, and
(b)
the policing body that is responsible for maintaining each such
35
police force.
(4)
A collaboration agreement may not contain policing body collaboration
provision unless the parties to the agreement consist of, or include, each
policing body to which the provision relates.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
57

(5)
A collaboration agreement may not contain policing body & force
collaboration provision unless the parties to the agreement consist of,
or include—
(a)
the policing body, or each policing body, to which the provision
relates;
5
(b)
the chief officer of police of the police force, or each police force,
to which the provision relates; and
(c)
the policing body that is responsible for maintaining each such
police force.
(6)
Subsection (1) does not prevent other persons from being parties to
10
collaboration agreements.
(7)
Subsection (2) does not prevent a collaboration agreement from
including other kinds of provision.
(8)
For the purposes of subsections (3) and (5), the circumstances in which
force collaboration provision, or policing body & force collaboration
15
provision, is to be taken to relate to a police force include the cases
where provision relates—
(a)
to functions of a kind which are or may be exercisable by
members of that police force, or
(b)
to the police area for which that police force is established.
20
(9)
For the purposes of subsections (4) and (5), the circumstances in which
policing body collaboration provision, or policing body & force
collaboration provision, is to be taken to relate to a policing body
include the cases where provision relates—
(a)
to functions of a kind which are or may be exercisable by that
25
policing body or members of the staff of that body, or
(b)
to the police area for which that policing body is established.
22B
Duty of chief officers to keep collaboration agreements under review
(1)
The chief officer of police of a police force must keep under
consideration the ways in which the collaboration functions could be
30
exercised by the chief officer and by one or more other persons to
improve the efficiency or effectiveness of—
(a)
that police force, and
(b)
one or more other police forces.
(2)
If the chief officer considers that there is a particular way in which the
35
collaboration functions could be so exercised by the chief officer and by
one or more other particular persons (“the proposed collaboration”),
the chief officer must notify those other persons (the “proposed
partners”) of the proposed collaboration.
(3)
The chief officer, and the proposed partners notified under subsection
40
(2) (the “notified proposed partners”), must consider whether to
exercise the collaboration functions to give effect to the proposed
collaboration.
(4)
In considering whether to so exercise the collaboration functions, the
chief officer and the notified proposed partners must consider whether
45
the proposed collaboration would be in the interests of the efficiency or
effectiveness of one or more police forces.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
58

(5)
Subsection (6) applies if all, or two or more, of—
(a)
the chief officer, and
(b)
the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration
would be in the interests of the efficiency or effectiveness of one or
5
more police forces (if the agreeing parties were to exercise the
collaboration functions to give effect to the proposed collaboration, or
to give effect to it so far as it relates to them).
(6)
The agreeing parties must exercise the collaboration functions so as to
give effect to the proposed collaboration or to give effect to it so far as
10
it relates to them.
(7)
In this section “collaboration functions” means functions of chief
officers of police or policing bodies under any of sections 22A to 23I
(apart from this section).
22C
Duty of policing bodies to keep collaboration agreements under
15
review
(1)
A policing body must keep under consideration the ways in which the
collaboration functions could be exercised by the policing body and by
one or more other persons to improve—
(a)
the efficiency or effectiveness of—
20
(i)
that policing body,
(ii)
the police force which that policing body is responsible
for maintaining, or
(iii)
that body and that force, and
(b)
the efficiency or effectiveness of one or more other policing
25
bodies and police forces.
(2)
If the policing body considers that there is a particular way in which the
collaboration functions could be so exercised by the policing body and
by one or more other particular persons (“the proposed collaboration”),
the policing must notify those other persons (the “proposed partners”)
30
of the proposed collaboration.
(3)
The policing body, and the proposed partners notified under
subsection (2) (the “notified proposed partners”), must consider
whether to exercise the collaboration functions to give effect to the
proposed collaboration.
35
(4)
In considering whether to so exercise the collaboration functions, the
policing body and the notified proposed partners must consider
whether the proposed collaboration would be in the interests of the
efficiency or effectiveness of one or more policing bodies or police
forces.
40
(5)
Subsection (6) applies if all, or two or more, of—
(a)
the policing body, and
(b)
the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration
would be in the interests of the efficiency or effectiveness of one or
45
more policing bodies or police forces (if the agreeing parties were to
exercise the collaboration functions to give effect to the proposed
collaboration, or to give effect to it so far as it relates to them).

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
59

(6)
The agreeing parties must exercise the collaboration functions so as to
give effect to the proposed collaboration, or to give effect to it so far as
it relates to them.
(7)
In this section “collaboration functions” means functions of policing
bodies or chief officers of police under any of sections 22A to 23I (apart
5
from this section).”.
(3)
After section 23F insert—
“23FA
Police functions that must be the subject of force collaboration
provision
(1)
The Secretary of State may, by order, require a specified police function
10
to be exercised in relation to—
(a)
all police areas, or
(b)
all police areas apart from any specified in the order,

in accordance with police collaboration provision.
(2)
An order under this section may specify whether the specified police
15
function is required to be exercised in relation to the specified police
areas in accordance with police collaboration provision contained in—
(a)
a single collaboration agreement which relates to all of those
police areas, or
(b)
a number of collaboration agreements which, between them,
20
relate to all of those police areas.
(3)
Provision under subsection (2)(b) need not specify a particular number
of collaboration agreements.
(4)
If, but for this subsection, an instrument containing an order under this
section would be treated for the purposes of the standing orders of
25
either House of Parliament as a hybrid instrument, it is to proceed in
that House as if it were not a hybrid instrument.
(5)
In this section “specified” means specified in an order under this
section.”.
(4)
Schedule 12 (collaboration agreements) has effect.
30
91
Police powers for civilian employees under collaboration agreements
Schedule 13 (police powers for civilian employees under collaboration
agreements) has effect.
92
Power to give directions
(1)
The Police Act 1996 is amended as follows.
35
(2)
In section 40 (powers to give directions in relation to police force), for “police
authority” (in each place) substitute “local policing body”.
(3)
In section 40A (powers to give directions in relation to police authority)—
(a)
for “police authority” (in each place, including in the title) substitute
“local policing body”;
40
(b)
for “the authority” substitute “the local policing body”.
(4)
In section 40B (procedure for directions under section 40 or 40A)—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 7 — Other provisions relating to policing and crime and disorder
60

(a)
for subsection (2)(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;
(ab)
the Common Council”;.
5
(b)
in subsection (5), for “police authority” substitute “local policing body”.
93
Provision of information by chief officers of police
In the Police Act 1996, for section 44 (reports from chief constables) and section
45 (criminal statistics) substitute—
“44
Provision of information by chief officers of police
10
(1)
The Secretary of State may require a chief officer of police of any police
force to provide the Secretary of State with information on such matters
as may be specified in the requirement, being matters connected with—
(a)
the policing of the police area for which that police force is
maintained, or
15
(b)
the discharge of the national or international functions of that
police force.
(2)
A requirement under subsection (1) may, in particular, specify
information in the form of statistical data, being data connected with—
(a)
the policing of that police area, or
20
(b)
the discharge of the national or international functions of the
police force for that area.
(3)
A requirement under subsection (1) may specify the form in which
information is to be provided.
(4)
The Secretary of State may require a chief officer to publish, in such
25
manner as appears to the Secretary of State to be appropriate,
information provided in accordance with a requirement under
subsection (1).
(5)
The Secretary of State may cause a consolidated and classified abstract
of any information in the form of statistical data that is provided in
30
accordance with subsection (1) to be prepared and laid before
Parliament.”.
94
Regulations about provision of equipment
(1)
Section 53 of the Police Act 1996 (regulations as to standard of equipment) is
amended as follows.
35
(2)
In the title, after “standard” insert “and provision”.
(3)
After subsection (1A) insert—
“(1AA)
The Secretary of State may, by regulations, make provision about the
arrangements which must be, may be, or must not be, used for the
provision of equipment for use for police purposes.
40
(1AA)
The regulations may, in particular—
(a)
make provision about the nature or terms of such
arrangements, or