|
| |
|
(b) | prescribe arrangements which may be, or must be, used.” |
| |
(4) | In subsection (1B), after “subsection (1A)” insert “or (1AA)”. |
| |
(5) | In subsection (2), for paragraph (a) substitute— |
| |
“(a) | such persons as appear to the Secretary of State to represent the |
| |
views of police and crime commissioners; |
| 5 |
(aa) | the Mayor’s Office for Policing and Crime; |
| |
(ab) | the Common Council;”. |
| |
95 | National and international functions |
| |
(1) | Section 96A of the Police Act 1996 (national and international functions of the |
| |
metropolitan police) is amended in accordance with subsections (2) to (6). |
| 10 |
(2) | In the title, after “police” insert “force and other police forces”. |
| |
(3) | For subsection (1) substitute— |
| |
“(1) | The Secretary of State and the Mayor’s Office for Policing and Crime |
| |
may enter into agreements with respect to the level of performance to |
| |
be achieved by the metropolitan police force in respect of any of its |
| 15 |
national or international functions. |
| |
(1A) | The Secretary of State and the police and crime commissioner that |
| |
maintains a police force may enter into agreements with respect to the |
| |
level of performance to be achieved by the police force in respect of any |
| |
of its national or international functions. |
| 20 |
(1B) | The Secretary of State and the Common Council may enter into |
| |
agreements with respect to the level of performance to be achieved by |
| |
the City of London police force in respect of any of its national or |
| |
international functions.”. |
| |
| 25 |
(a) | for “the metropolitan police force” substitute “a police force”; |
| |
(b) | for “Metropolitan Police Authority” substitute “local policing body”. |
| |
(5) | In subsection (3), for “The Metropolitan Police Authority” substitute “A local |
| |
| |
| 30 |
(7) | Omit section 96B of the Police Act 1996 (national and international functions: |
| |
application of requirements relating to reports etc). |
| |
| |
| |
Schedule 14 (police: complaints) has effect. |
| 35 |
|
| |
|
| |
|
| |
| |
97 | Interpretation of Police Act 1996 |
| |
(1) | Section 101 of the Police Act 1996 (interpretation) is amended as follows. |
| |
| 5 |
(a) | after the definition of “City of London police area” insert— |
| |
““Common Council” means the Common Council of the |
| |
City of London in its capacity as police authority for the |
| |
City of London police area; |
| |
“elected local policing body” means— |
| 10 |
(a) | a police and crime commissioner; |
| |
(b) | the Mayor’s Office for Policing and Crime; |
| |
“local policing body” means— |
| |
(a) | a police and crime commissioner (in relation to a |
| |
police area listed in Schedule 1); |
| 15 |
(b) | the Mayor’s Office for Policing and Crime (in |
| |
relation to the metropolitan police district); |
| |
(c) | the Common Council (in relation to the City of |
| |
| |
“Mayor’s Office for Policing and Crime” means the body |
| 20 |
established under section 3 of the Police Reform and |
| |
Social Responsibility Act 2011;”; |
| |
(b) | after the definition of “metropolitan police district” insert— |
| |
““national or international functions” means functions |
| |
| 25 |
(a) | the protection of prominent persons or their |
| |
| |
| |
(c) | counter-terrorism, or |
| |
(d) | the provision of services for any other national |
| 30 |
or international purpose; |
| |
“police and crime commissioner” means a body |
| |
established under section 1 of the Police Reform and |
| |
Social Responsibility Act 2011;”; |
| |
(c) | omit the definition of “police authority”; |
| 35 |
(d) | in the definition of “police force”, for “police authority” substitute |
| |
| |
(e) | in the definition of “police fund”, for paragraph (a) substitute— |
| |
“(a) | in relation to a police area for which there is an |
| |
elected local policing body, the fund kept by that |
| 40 |
body under section 21 of the Police Reform and |
| |
Social Responsibility Act 2011;”. |
| |
(3) | After subsection (2) insert— |
| |
“(3) | References in this Act to the staff of a police and crime commissioner, |
| |
or to the staff of the Mayor’s Office for Policing and Crime, have the |
| 45 |
|
| |
|
| |
|
same meaning as in the Police Reform and Social Responsibility Act |
| |
| |
98 | Amendments of the Interpretation Act 1978 |
| |
(1) | Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is |
| |
| 5 |
(2) | After the entry for “Local land charges register” insert— |
| |
““Local policing body” has the meaning given by section 101(1) |
| |
of the Police Act 1996.”. |
| |
(3) | After the entry for “Person” insert— |
| |
““Police and crime commissioner” means a police and crime |
| 10 |
commissioner established under section 1 of the Police |
| |
Reform and Social Responsibility Act 2011.”. |
| |
(4) | In the entry that begins “Police area”, omit “, police authority”; |
| |
(5) | After the entry that begins “Police Area” insert— |
| |
““Police authority”, in relation to Scotland, has the meaning or |
| 15 |
effect described by sections 50 and 51(4) of the Police |
| |
| |
99 | Police reform: transitional provision |
| |
Schedule 15 (Police reform: transitional provision) has effect. |
| |
100 | Police reform: minor and consequential amendments |
| 20 |
Schedule 16 (police reform: minor and consequential amendments) has effect. |
| |
| |
Any guidance under this Part— |
| |
| |
(b) | may be varied or revoked by further guidance; |
| 25 |
(c) | may be given to one or more particular persons, or generally; |
| |
(d) | may make provision generally or in relation to specific cases; and |
| |
(e) | may make different provision for different cases. |
| |
102 | Crime and disorder reduction |
| |
(1) | A reference to crime and disorder reduction is a reference to— |
| 30 |
(a) | reduction of crime and disorder (including anti-social and other |
| |
behaviour adversely affecting the local environment), |
| |
(b) | combating the misuse of drugs, alcohol and other substances, and |
| |
(c) | reduction of re-offending. |
| |
(2) | In this section “anti-social behaviour” means behaviour by a person which |
| 35 |
causes or is likely to cause harassment, alarm or distress to one or more other |
| |
persons not of the same household as the person. |
| |
(3) | This section applies for the purposes of this Part. |
| |
|
| |
|
| |
|
103 | Interpretation of Part 1 |
| |
(1) | In this Part (unless otherwise specified)— |
| |
| |
(a) | in relation to a police and crime commissioner, the chief |
| |
executive appointed by the commissioner under Schedule 1; |
| 5 |
(b) | in relation to the Mayor’s Office for Policing and Crime, the |
| |
chief executive appointed by the Office under Schedule 3; |
| |
“chief finance officer” means— |
| |
(a) | in relation to a police and crime commissioner, the chief finance |
| |
officer appointed by the commissioner under Schedule 1; |
| 10 |
(b) | in relation to the chief constable of a police force to which |
| |
Chapter 1 applies, the chief finance officer appointed by the |
| |
chief constable under Schedule 2; |
| |
(c) | in relation to the Mayor’s Office for Policing and Crime, the |
| |
chief finance officer appointed by the Office under Schedule 3; |
| 15 |
(d) | in relation to the Commissioner of Police of the Metropolis, the |
| |
chief finance officer appointed by the Commissioner under |
| |
| |
“chief officer of police” means— |
| |
(a) | in relation to a police force maintained under section 2 of the |
| 20 |
Police Act 1996, the chief constable of that force; |
| |
(b) | in relation to the metropolitan police force, the Commissioner of |
| |
Police of the Metropolis; |
| |
“crime and disorder reduction” has the meaning given in section 102; |
| |
“elected local policing body” means— |
| 25 |
(a) | in relation to a police area listed in Schedule 1 to the Police Act |
| |
1996, the police and crime commissioner for the area; |
| |
(b) | in relation to the metropolitan police district, the Mayor’s Office |
| |
| |
“national or international functions” means functions relating to— |
| 30 |
(a) | the protection of prominent persons or their residences, |
| |
| |
(c) | counter-terrorism, or |
| |
(d) | the provision of services for any other national or international |
| |
| 35 |
“police and crime panel” means— |
| |
(a) | in relation to a police area listed in Schedule 1 to the Police Act |
| |
1996, the police and crime panel established under section 28; |
| |
(b) | in relation to the metropolitan police district, the committee |
| |
established under section 32; |
| 40 |
“police and crime plan” has the meaning given in section 7; |
| |
| |
(a) | a police area listed in Schedule 1 to the Police Act 1996 (police |
| |
areas outside London), and |
| |
(b) | the metropolitan police district; |
| 45 |
“relevant chief officer of police”, in relation to— |
| |
| |
(b) | the police force for a police area, |
| |
(c) | the elected local policing body for a police area, or |
| |
|
| |
|
| |
|
(d) | the police and crime panel for a police area, |
| |
means the chief officer of police of the police force for that area; |
| |
“relevant elected local policing body”, in relation to— |
| |
| |
(b) | the police force for a police area, |
| 5 |
(c) | the chief officer of police of the police force for a police area, or |
| |
(d) | the police and crime panel for a police area, |
| |
means the elected local policing body for that area; |
| |
“relevant police and crime panel”, in relation to— |
| |
| 10 |
(b) | the police force for a police area, |
| |
(c) | the chief officer of police of the police force for a police area, or |
| |
(d) | the elected local policing body for a police area, |
| |
means the police and crime panel for that area; |
| |
“relevant police force”, in relation to— |
| 15 |
| |
(b) | a chief officer of police of the police force for a police area, |
| |
(c) | the elected local policing body for a police area, or |
| |
(d) | the police and crime panel for a police area, |
| |
means the police force for that area. |
| 20 |
(2) | References in this Part to a police and crime commissioner’s area are references |
| |
to the police area for which the commissioner is established. |
| |
(3) | References in this Part to a police and crime commissioner’s staff are references |
| |
to the following persons appointed under Schedule 1— |
| |
(a) | the commissioner’s chief executive; |
| 25 |
(b) | the commissioner’s chief finance officer; and |
| |
| |
(4) | References in this Part to a police force’s civilian staff are (except in the case of |
| |
the metropolitan police force) references to— |
| |
(a) | the chief finance officer appointed by the chief constable of the force |
| 30 |
under paragraph 4 of Schedule 2, and |
| |
(b) | the other staff appointed by that chief constable under that Schedule. |
| |
(5) | References in this Part to the staff of the Mayor’s Office for Policing and Crime |
| |
| |
(a) | the Office’s chief finance officer appointed under section 127(2) of the |
| 35 |
Greater London Authority Act 1999; |
| |
(b) | the Office’s chief executive appointed under Schedule 3 |
| |
(c) | other staff appointed under Schedule 3; and |
| |
(d) | the person (if any) appointed under section 19 as the Deputy Mayor for |
| |
Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy |
| 40 |
Mayor an Assembly member)). |
| |
(6) | References in this Part to the metropolitan police force’s civilian staff are |
| |
| |
(a) | the chief finance officer appointed by the Commissioner of Police of the |
| |
Metropolis under paragraph 1 of Schedule 4, and |
| 45 |
(b) | the other staff appointed by the Commissioner under that Schedule. |
| |
|
| |
|
| |
|
| |
| |
| |
Amendments of the Licensing Act 2003 |
| |
| 5 |
104 | Licensing authorities as responsible authorities |
| |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) and (3). |
| |
(2) | In section 13(4) (responsible authorities)— |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the relevant licensing authority and any other licensing |
| 10 |
authority in whose area part of the premises is |
| |
| |
| |
(3) | In section 69(4) (responsible authorities)— |
| |
(a) | before paragraph (a) insert— |
| 15 |
“(za) | the relevant licensing authority and any other licensing |
| |
authority in whose area part of the premises is |
| |
| |
| |
(4) | The amendments made by this section apply in relation to— |
| 20 |
(a) | applications relating to premises licences or club premises certificates |
| |
that are made on or after the commencement of this section, and |
| |
(b) | notices under section 165(4) of the Licensing Act 2003 (closure orders) |
| |
that are received by a licensing authority on or after the commencement |
| |
| 25 |
105 | Primary Care Trusts and Local Health Boards as responsible authorities |
| |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (4). |
| |
(2) | In section 5(3) (statement of licensing policy), after paragraph (b) insert— |
| |
“(ba) | each Primary Care Trust or Local Health Board for an area any |
| |
part of which is in the licensing authority’s area,”. |
| 30 |
(3) | In section 13(4) (authorised persons, interested parties and responsible |
| |
authorities), after paragraph (b) insert— |
| |
“(ba) | the Primary Care Trust or Local Health Board for any area in |
| |
which the premises are situated,”. |
| |
(4) | In section 69(4) (authorised persons, interested parties and responsible |
| 35 |
authorities), after paragraph (b) insert— |
| |
“(ba) | the Primary Care Trust or Local Health Board for any area in |
| |
which the premises are situated,”. |
| |
(5) | The amendments made by this section apply in relation to— |
| |
|
| |
|
| |
|
(a) | applications relating to premises licences or club premises certificates |
| |
that are made on or after the commencement of this section, and |
| |
(b) | notices under section 165(4) of the Licensing Act 2003 (closure orders) |
| |
that are received by a licensing authority on or after that |
| |
| 5 |
Removing the vicinity test |
| |
106 | Premises licences: who may make relevant representations |
| |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (9). |
| |
(2) | In section 13 (authorised persons, interested parties and responsible |
| |
| 10 |
(a) | in the title, omit “, interested parties”, |
| |
(b) | in subsection (1), omit ““interested party”,”, and |
| |
| |
(3) | In section 17(5) (application for premises licence)— |
| |
(a) | in paragraph (a)(ii), for “interested parties” substitute “persons who |
| 15 |
live, or are involved in a business, in the relevant licensing authority’s |
| |
| |
(b) | after paragraph (a) insert— |
| |
“(aa) | require the relevant licensing authority to advertise the |
| |
application within the prescribed period— |
| 20 |
(i) | in the prescribed form, and |
| |
(ii) | in a manner which is prescribed and is likely to |
| |
bring the application to the attention of the |
| |
persons who are likely to be affected by it; and”, |
| |
| 25 |
(c) | in paragraph (c), for “interested parties and responsible authorities” |
| |
substitute “responsible authorities and other persons”. |
| |
(4) | In section 18(7) (determination of application for premises licence)— |
| |
(a) | in paragraph (a), for “an interested party or responsible authority” |
| |
substitute “a responsible authority or other person”, and |
| 30 |
(b) | in paragraph (c), for “an interested party (who is not also a responsible |
| |
authority)” substitute “a person who is not a responsible authority”. |
| |
(5) | In section 31(6) (determination of application for provisional statement)— |
| |
(a) | in paragraph (a), for “an interested party or responsible authority” |
| |
substitute “a responsible authority or other person”, and |
| 35 |
(b) | in paragraph (c), for “an interested party (who is not also a responsible |
| |
authority)” substitute “a person who is not a responsible authority”. |
| |
(6) | In section 35(6) (determination of application to vary premises licence)— |
| |
(a) | in paragraph (a), for “an interested party or responsible authority” |
| |
substitute “a responsible authority or other person”, and |
| 40 |
(b) | in paragraph (c), for “an interested party (who is not also a responsible |
| |
authority)” substitute “a person who is not a responsible authority”. |
| |
(7) | In section 41B(2)(b)(ii) (determination of application for minor variation of |
| |
premises licence), for “an interested party” substitute “any other person”. |
| |
|
| |
|