Session 2010 - 11
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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

61

 

(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

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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.

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(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.”.

(4)   

In subsection (2)—

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

policing body”.

(6)   

Omit subsection (4).

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(7)   

Omit section 96B of the Police Act 1996 (national and international functions:

application of requirements relating to reports etc).

Police: complaints

96      

Police: complaints

Schedule 14 (police: complaints) has effect.

35

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 8 — Miscellaneous provisions

62

 

Chapter 8

Miscellaneous provisions

97      

Interpretation of Police Act 1996

(1)   

Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2)   

In subsection (1)—

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

London police area);

“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

relating to—

25

(a)   

the protection of prominent persons or their

residences,

(b)   

national security,

(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

“local policing body”;

(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

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 8 — Miscellaneous provisions

63

 

same meaning as in the Police Reform and Social Responsibility Act

2011.”.

98      

Amendments of the Interpretation Act 1978

(1)   

Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is

amended as follows.

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

(Scotland) Act 1967.”.

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.

101     

Guidance

Any guidance under this Part—

(a)   

must be in writing;

(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.

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 8 — Miscellaneous provisions

64

 

103     

Interpretation of Part 1

(1)   

In this Part (unless otherwise specified)—

“chief executive” means—

(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

Schedule 4;

“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

for Policing and Crime;

“national or international functions” means functions relating to—

30

(a)   

the protection of prominent persons or their residences,

(b)   

national security,

(c)   

counter-terrorism, or

(d)   

the provision of services for any other national or international

purpose;

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;

“police area” means—

(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—

(a)   

a police area,

(b)   

the police force for a police area,

(c)   

the elected local policing body for a police area, or

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 8 — Miscellaneous provisions

65

 

(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—

(a)   

a police area,

(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—

(a)   

a police area,

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

(a)   

a police area,

(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

(c)   

other staff.

(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

are references to—

(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

references to—

(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.

 
 

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003

66

 

Part 2

Licensing

Chapter 1

Amendments of the Licensing Act 2003

Responsible authorities

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

situated,”, and

(b)   

omit paragraph (g).

(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

situated,”, and

(b)   

omit paragraph (g).

(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

of this section.

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—

 
 

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003

67

 

(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

commencement.

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

authorities)—

10

(a)   

in the title, omit “, interested parties”,

(b)   

in subsection (1), omit ““interested party”,”, and

(c)   

omit subsection (3).

(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

area and who are”,

(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”,

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”.

 
 

 
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Revised 18 February 2011