Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART VI, THE METROPOLITAN POLICE AND PROBATION SERVICES - continued
Commissioners and Commanders - continued

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Removal of Commissioner or Deputy Commissioner.

313. After section 9D of the Police Act 1996 there shall be inserted-

"Removal of Commissioner or Deputy Commissioner.	9E. - (1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.
	(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.
	(3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.
	(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.
	(5) This section is without prejudice to-
	(a) section 9B(3),
	(b) section 9D(3),
	(c) any regulations under section 50, or
	(d) any regulations under the Police Pensions Act 1976."

Appointment, removal and functions of Assistant Commissioners.

314. After section 9E of the Police Act 1996 there shall be inserted-

"Assistant Commissioners of Police of the Metropolis.	9F. - (1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis ("Assistant Commissioner").
	(2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
	(3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.
	(4) Subsection (3) is without prejudice to-
	(a) any regulations under section 50, or
	(b) any regulations under the Police Pensions Act 1976.
	(5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.
	(6) Subsection (5) is without prejudice to any regulations under section 50."

Appointment and removal of Commanders.

315. After section 9F of the Police Act 1996 there shall be inserted-

"Commanders.	9G. - (1) The ranks that may be held in the metropolitan police force shall include that of Commander.
	(2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
	(3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.
	(4) Subsection (3) is without prejudice to-
	(a) any regulations under section 50, or
	(b) any regulations under the Police Pensions Act 1976."

Continuation in post of current Commissioners and Commanders.

316. - (1) Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 310 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the Police Act 1996.

(2) If, immediately before the coming into force of section 312 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 312 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis under and in accordance with section 9D of the Police Act 1996.

(3) Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 314 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the Police Act 1996.

(4) Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the Police Act 1996.

Other members

Other members of the metropolitan police force.

317. After section 9G of the Police Act 1996 there shall be inserted-

"Other members of the metropolitan police force.	9H. - (1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.
	(2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of-
	(a) Commissioner of Police of the Metropolis,
	(b) Deputy Commissioner of Police of the Metropolis,
	(c) Assistant Commissioner of Police of the Metropolis, and
	(d) Commander,
	those of superintendent, chief inspector, inspector, sergeant and constable.
	(3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis."

The metropolitan police district

Alteration of the metropolitan police district.

318. In section 76 of the London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted-

"(1) The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple."

Secondments to meet demands caused by the boundary change.

319. - (1) The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.

(2) An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 318 above in the police area for which that force is maintained.

(3) While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.

(4) The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

(5) This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.

(6) Expressions used in this section and in the Police Act 1996 have the same meaning in this section as they have in that Act.

Miscellaneous police amendments

Further amendments relating to metropolitan police etc.

320. Schedule 26 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.

The probation service

Organisation of probation service in Greater London.

321. - (1) The Secretary of State may by order make provision for combining in one probation area ("the Greater London probation area") all of the petty sessions areas which fall wholly within Greater London.

(2) An order under subsection (1) above may make provision for the purpose of, or in connection with, organising the probation service for the Greater London probation area.

(3) The provision that may be made under subsection (2) above-

(a) includes provision for the qualifying expenses of any probation committee for the Greater London probation area to be defrayed by the Secretary of State, and

(b) in consequence of the provision mentioned in paragraph (a) above, includes provision requiring the Receiver for the Metropolitan Police District to refrain from exercising the functions conferred on him by the Probation Service Act 1993.

(4) In subsection (3) above the reference to the qualifying expenses of any probation committee for the Greater London probation area shall be construed in accordance with section 17 of the Probation Service Act 1993.

(5) The provision that may be made under subsection (2) above includes provision relating to the appointment of, and allowances payable to, members of any probation committee for the Greater London probation area and any probation liaison committee for any area in the Greater London probation area.

(6) Without prejudice to section 397(1) below, the provision that may be made under subsection (1) or (2) above includes provision amending or repealing provisions of the Probation Service Act 1993.

(7) The Secretary of State may by order make provision for including in the Greater London probation area any petty sessions area outside that probation area.

(8) Before making an order under this section the Secretary of State shall give the justices acting for any petty sessions area affected by the order an opportunity of making representations about it, and shall consider any such representations.

The Receiver for the Metropolitan Police District

Abolition of office of Receiver.

322. - (1) When the Secretary of State is satisfied that-

(a) provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the Access to Justice Act 1999 or any other enactment whenever passed), and

(b) provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),

the Secretary of State may by order provide for the abolition of the office of the Receiver.

(2) In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.

Prepared 27 October 1999