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 3 — Functions of elected local policing bodies etc
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(f)
the crime and disorder reduction grants which the elected local
policing body is to make, and the conditions (if any) to which such
grants are to be made.
(2)
The elected local policing body’s police and crime objectives are the body’s
objectives for—
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(a)
the policing of the body’s area,
(b)
crime and disorder reduction in that area, and
(c)
the discharge by the relevant police force of its national or international
functions.
(3)
A police and crime plan has effect from the start of the planning period until—
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(a)
the end of that planning period, or
(b)
if another police and crime plan is issued in relation to the elected local
policing body’s area before the end of that planning period, the day
when that other plan first has effect.
(4)
The Secretary of State may give guidance to elected local policing bodies about
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the matters to be dealt with in police and crime plans.
(5)
An elected local policing body must have regard to such guidance.
(6)
Before giving guidance under subsection (4) the Secretary of State must
consult—
(a)
such persons as appear to the Secretary of State to represent the views
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of police and crime commissioners,
(b)
the Mayor’s Office for Policing and Crime,
(c)
such persons as appear to the Secretary of State to represent the views
of chief officers of police, and
(d)
such other persons as the Secretary of State thinks fit.
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(7)
In this section, in relation to a police and crime plan—
“financial year” means the financial year of the elected local policing
body;
“ordinary election”—
(a)
in relation to a police and crime commissioner, has the meaning
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given in section 5;
(b)
in relation to the Mayor’s Office for Policing and Crime, has the
meaning given in section 6;
“planning period”, in relation to a police and crime plan, is the period
that—
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(a)
begins with—
(i)
the day on which the plan is issued, or
(i)
if a qualifying day is specified in the plan as the day on
which the plan is to begin to have effect, that day, and
(b)
ends with the last day of the financial year in which the next
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ordinary election is expected to take place after the plan is
issued;
“qualifying day” means a day which meets the following conditions (so
far as applicable)—
(a)
the day must fall after the day on which the plan is issued;
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(b)
the day must not fall after the day on which the next ordinary
election is expected to take place after the plan is issued;

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
9

(c)
in the case of a plan issued in accordance with the duty in
section 5(1) or 6(1), the day must be, or fall before, the first day
of the financial year following the financial year in which that
duty must be complied with.
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Duty to have regard to police and crime plan
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(1)
A police and crime commissioner must, in exercising the functions of
commissioner, have regard to the police and crime plan issued by the
commissioner.
(2)
The chief constable of the police force for a police area listed in Schedule 1 to
the Police Act 1996 must, in exercising the functions of chief constable, have
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regard to the police and crime plan issued by the police and crime
commissioner for that police area.
(3)
The Mayor’s Office for Policing and Crime must, in exercising the functions of
the Office, have regard to the police and crime plan issued by the Office.
(4)
The Commissioner of Police of the Metropolis must, in exercising the functions
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of Commissioner, have regard to the police and crime plan issued by the
Mayor’s Office for Policing and Crime.
(5)
The Secretary of State may give guidance to a person subject to a duty under
this section about how that duty is to be complied with.
(6)
A person given such guidance must have regard to the guidance.
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(7)
Before giving guidance under subsection (5) the Secretary of State must
consult—
(a)
such persons as appear to the Secretary of State to represent the views
of police and crime commissioners,
(b)
the Mayor’s Office for Policing and Crime,
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(c)
such persons as appear to the Secretary of State to represent the views
of chief officers of police, and
(d)
such other persons as the Secretary of State thinks fit.
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Crime and disorder reduction grants
(1)
The elected local policing body for a police area may make a crime and
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disorder reduction grant to any person.
(2)
A crime and disorder reduction grant is a grant which, in the opinion of the
elected local policing body, will secure, or contribute to securing, crime and
disorder reduction in the body’s area.
(3)
The elected local policing body may make a crime and disorder reduction grant
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subject to any conditions (including conditions as to repayment) which the
body thinks appropriate.
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Co-operative working
(1)
The elected local policing body for a police area, in exercising its functions, and
a responsible authority, in exercising its functions conferred by or under
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section 6 of the Crime and Disorder Act 1998 in relation to that police area,
must act in co-operation with each other.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
10

(2)
The elected local policing body for a police area, and the criminal justice bodies
which exercise functions as criminal justice bodies in that police area, must
make arrangements (so far as it is appropriate to do so) for the exercise of
functions so as to provide an efficient and effective criminal justice system in
the police area.
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(3)
The reference in subsection (1) to a responsible authority exercising functions
in relation to a police area is a reference to the responsible authority exercising
the functions in relation to a local government area that is comprised, or
included, in the police area.
(4)
In this section—
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“criminal justice body”, in relation to the elected local policing body for a
police area, means—
(a)
the chief officer of police for that police area;
(b)
the Crown Prosecution Service;
(c)
the Lord Chancellor, in exercising functions under section 1 of
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the Courts Act 2003 (duty to ensure efficient and effective courts
service);
(d)
a Minister of the Crown, in exercising functions in relation to
prisons (within the meaning of the Prisons Act 1952);
(e)
a youth offending team established under section 39 of the
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Crime and Disorder Act 1998;
(f)
a person with whom the Secretary of State has made contractual
or other arrangements, under section 3(2) of the Offender
Management Act 2007, for the making of probation provision;
(g)
the Secretary of State, in making probation provision in
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accordance with arrangements made by the Secretary of State
under section 3(5) of the Offender Management Act 2007;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;
“responsible authority” has the same meaning as in section 5 of the Crime
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and Disorder Act 1998.
Information, consultation etc
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Information for public etc
(1)
An elected local policing body—
(a)
must publish specified information; and
35
(b)
if the time or manner of the publication of that information is specified,
must publish it at that time or in that manner.
(2)
For that purpose, “specified” means specified by the Secretary of State by
order.
(3)
An elected local policing body must publish the information which the body
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considers to be necessary to enable the persons who live in the body’s area to
assess—
(a)
the performance of the body in exercising the body’s functions, and
(b)
the performance of the relevant chief officer of police in exercising the
chief officer’s functions.
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
11

(4)
The information necessary to enable those persons to assess those matters by
reference to a particular time, or a particular period, must be published by the
elected local policing body as soon as practicable after that time or the end of
that period.
(5)
An elected local policing body may provide (whether by publication or other
5
means) information about—
(a)
the exercise of the body’s functions, and
(b)
the exercise of the functions of the relevant chief officer of police.
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Annual reports
(1)
Each elected local policing body must produce a report (an “annual report”)
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on—
(a)
the exercise of the body’s functions in each financial year, and
(b)
the progress which has been made in the financial year in meeting the
police and crime objectives in the body’s police and crime plan.
(2)
As soon as practicable after producing an annual report, the elected local
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policing body must send the report to the relevant police and crime panel.
(3)
The elected local policing body must attend before the panel at the public
meeting arranged by the panel in accordance with section 28(3), to—
(a)
present the report to the panel, and
(b)
answer the panel’s questions on the report.
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(4)
The elected local policing body must—
(a)
give the panel a response to any report or recommendations on the
annual report (see section 28(3)), and
(b)
publish any such response.
(5)
It is for the police and crime panel to determine the manner in which a response
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to a report or recommendations is to be published in accordance with
subsection (4)(b).
(6)
An elected local policing body must arrange for each annual report to be
published.
(7)
It is for the elected local policing body to determine the manner in which an
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annual report is to be published.
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Information for police and crime panels
(1)
An elected local policing body must provide the relevant police and crime
panel with any information which the panel may reasonably require in order
to carry out its functions.
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(2)
But subsection (1) does not require the elected local policing body to provide
information if disclosure of the information—
(a)
would, in the view of the chief officer of police, be against the interests
of national security,
(b)
might, in the view of the chief officer of police, jeopardise the safety of
40
any person,
(c)
might, in the view of the chief officer of police, prejudice the prevention
or detection of crime, the apprehension or prosecution of offenders, or
the administration of justice, or

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
12

(d)
is prohibited by or under any enactment.
(3)
An elected local policing body may provide the relevant police and crime panel
with any other information which the body thinks appropriate.
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Arrangements for obtaining the views of the community on policing
(1)
Section 96 of the Police Act 1996 (arrangements for obtaining the views of the
5
community on policing) is amended in accordance with this section.
(2)
In subsection (1), after paragraph (b) insert “;

and for obtaining the views of victims of crime in that area about
matters concerning the policing of the area.”.
(3)
After subsection (1) insert—
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“(1A)
Those arrangements must include, in the case of—
(a)
a police area listed in Schedule 1, or
(b)
the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued
under section 5 or 6 of the Police Reform and Social Responsibility Act
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2011, the views of the people in that police area, and the views of the
victims of crime in that area, on that plan.
(1B)
Those arrangements must include, in the case of a police area listed in
Schedule 1, arrangements for obtaining, before the first precept for a
financial year is issued by the police and crime commissioner under
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section 40 of the Local Government Finance Act 1992, the views of—
(a)
the people in that police area, and
(b)
the relevant ratepayers’ representatives,

on the proposals of the police and crime commissioner for expenditure
(including capital expenditure) in that financial year.
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(1C)
Those arrangements must include, in the case of the metropolitan
police district, arrangements for obtaining, before the first calculations
in relation to the Mayor’s Office for Policing and Crime are made for a
financial year under section 85 of the Greater London Authority Act
1999, the views of—
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(a)
the people in the metropolitan police district, and
(b)
the relevant ratepayers’ representatives,

on the proposals of the Mayor’s Office for Policing and Crime for
expenditure (including capital expenditure) in that financial year.”.
(4)
For subsection (2) substitute—
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“(2)
Arrangements under this section are to be made by the local policing
body for the police area, after consulting the chief officer of police for
that area.”.
(5)
Before subsection (6) insert—
“(5A)
In subsections (1B) and (1C) “relevant ratepayers’ representatives”, in
40
relation to a police area listed in Schedule 1, or the metropolitan police
district, means the persons or bodies who appear to the elected local
policing body for that area or district to be representative of persons
subject to non-domestic rates under sections 43 and 45 of the Local

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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Government Finance Act 1988 as regards hereditaments situated in that
area or district.
(5B)
In determining which persons or bodies are relevant ratepayers’
representatives, an elected local policing body must have regard to any
guidance given by the Secretary of State.”
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(6)
Omit subsections (6) to (10).
Other provisions about functions
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Supply of goods and services
(1)
Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and
services by local authorities) apply, with the modification set out in subsection
10
(2), to each elected local policing body as they apply to a local authority.
(2)
In those subsections, references to a public body (within the meaning of that
section) are to be read as references to any person.
(3)
An elected local policing body may not enter into an agreement with another
elected local policing body, or with the Common Council in its capacity as a
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police authority, under section 1 of the 1970 Act in respect of a matter which
could be the subject of force collaboration provision in a collaboration
agreement under section 22A of the Police Act 1996.
(4)
In this section “1970 Act” means the Local Authorities (Goods and Services)
Act 1970.
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Appointment of persons not employed by elected local policing bodies
(1)
This section applies where an elected local policing body is required or
authorised by any Act—
(a)
to appoint a person to a specified post in the body, or
(b)
to designate a person as having specified duties or responsibilities.
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(2)
The elected local policing body may appoint or designate a person whether or
not the person is already a member of staff of the body.
(3)
Subsection (2) has effect in spite of any provision to the contrary in the Act that
is mentioned in subsection (1).
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Duties when carrying out functions
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(1)
In carrying out functions, an elected local policing body must have regard to
the views of people in the body’s area about policing in that area.
(2)
In carrying out functions in a particular financial year, an elected local policing
body must have regard to any report or recommendations made by the
relevant police and crime panel on the annual report for the previous financial
35
year (see section 28(3)).
(3)
Subsection (2) does not affect any exercise of the functions of the elected local
policing body in any part of a particular financial year that falls—
(a)
before the body has received a report or recommendations on the
annual report for the previous financial year, or
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
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(b)
during the period after receipt of a report or recommendations when
the body is considering the report or recommendations.
(4)
This section is in addition to the duty under section 8 to have regard to the
police and crime plan.
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Delegation of functions by police and crime commissioners
5
(1)
A police and crime commissioner may arrange for any person to exercise any
function of the commissioner.
(2)
But a police and crime commissioner may not arrange—
(a)
for a person listed in subsection (3) to exercise any function; or
(b)
for any person to exercise a function listed in subsection (4).
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(3)
The persons referred to in subsection (2)(a) are—
(a)
a constable (whether or not in England and Wales);
(b)
a police and crime commissioner;
(c)
the Mayor’s Office for Policing and Crime;
(d)
the Mayor of London;
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(e)
the Common Council of the City of London;
(f)
any other person or body which maintains a police force.
(4)
The functions referred to in subsection (2)(b) are—
(a)
issuing a police and crime plan (see section 5);
(b)
determining police and crime objectives (see section 7);
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(c)
attendance at a meeting of a police and crime panel in compliance with
a requirement by the panel to do so (see section 29);
(d)
preparing an annual report to a policing and crime panel (see section
12);
(e)
appointing the chief constable, suspending the chief constable, or
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calling upon the chief constable to retire or resign (see section 38);
(f)
calculating a budget requirement (see section 43 of the Local
Government Finance Act 1992).
(5)
If a function of a police and crime commissioner is exercisable by any other
person in accordance with this section, any property or rights vested in the
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commissioner may be dealt with by the other person in exercising the function,
as if vested in that person.
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Delegation of functions by Mayor’s Office for Policing and Crime
(1)
The Mayor’s Office for Policing and Crime may—
(a)
appoint a person as the Deputy Mayor for Policing and Crime, and
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(b)
arrange for the Deputy Mayor for Policing and Crime to exercise any
function of the Mayor’s Office for Policing and Crime.
(2)
The Mayor’s Office for Policing and Crime may arrange for a person (who is
not the Deputy Mayor for Policing and Crime) to exercise any function of the
Mayor’s Office for Policing and Crime.
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(3)
But the Mayor’s Office for Policing and Crime may not—
(a)
appoint a person listed in subsection (6) as the Deputy Mayor for
Policing and Crime;