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Reports from the Commissioner of Police of the Metropolis |
| | 91. - (1) Section 44 of the Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.
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(2) In subsection (1), for the words "chief constable" and "chief constable's" there shall be substituted respectively "chief officer of police of any police force" and "chief officer's".
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(3) In subsection (3), for "chief constable" there shall be substituted "chief officer".
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(4) In subsection (4), for "Every chief constable" there shall be substituted "The chief officer of police of every police force".
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(5) Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
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Grants by the Secretary of State |
| | 92. - (1) Section 46 of the Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.
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(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority".
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(3) In subsection (1), in the words following paragraph (b), for "Receiver" there shall be substituted "Greater London Authority".
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(4) After subsection (7) there shall be inserted-
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"(7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
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(5) After subsection (8) (repayment where police authority's grant is less than that paid to it for the year) there shall be inserted-
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"(9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction."
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Grants for capital expenditure |
| | 93. - (1) Section 47 of the Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.
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(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
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(3) After subsection (3) there shall be inserted-
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"(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
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(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
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Grants for expenditure concerning safeguarding national security |
| | 94. - (1) Section 48 of the Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.
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(2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
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(3) After subsection (3) there shall be inserted-
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"(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
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(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
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Disciplinary proceedings relating to senior officers |
| | 95. In section 50(3)(b) of the Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words "by the police authority which maintains the force or by a committee of that authority."
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Copies of reports |
| | 96. In section 55 of the Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words "(except where he is himself the police authority)" shall cease to have effect.
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The appropriate authority for complaints etc about metropolitan police |
| | 97. - (1) Section 65 of the Police Act 1996 (interpretation of Chapter I of Part IV, which relates to complaints and disciplinary proceedings) shall be amended as follows.
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(2) In the definition of "the appropriate authority"-
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(a) paragraph (a) (which defines the appropriate authority in relation to the metropolitan police force as the Commissioner of Police of the Metropolis), and |
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(b) the word "other" in paragraph (b), |
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shall cease to have effect.
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(3) In the definition of "investigating officer" after "means" there shall be inserted "a person (whether a member of a police force or not) appointed under section 68(2B) or".
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Investigation of complaints |
| | 98. - (1) Section 68 of the Police Act 1996 (investigation of complaints against senior officers) shall be amended as follows.
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(2) After subsection (2) (conduct not justifying criminal or disciplinary proceedings may be dealt with at authority's discretion) there shall be inserted-
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"(2A) In any other case, subsection (2B) or (3) shall apply.
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(2B) If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis-
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(a) the appropriate authority shall notify the Secretary of State; and |
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(b) the Secretary of State shall appoint a person to investigate the complaint." |
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(3) In subsection (4) (request by appropriate authority to chief officer to provide investigating officer) for "the appropriate authority" there shall be substituted the following paragraphs-
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"(a) in a case where subsection (2B) applies, the Secretary of State, or |
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(b) in a case where subsection (3) applies, the appropriate authority,", |
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and after "for appointment under subsection" there shall be inserted "(2B) or".
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Supervision of investigations by Police Complaints Authority |
| | 99. - (1) Section 72 of the Police Act 1996 (supervision of investigations by Police Complaints Authority) shall be amended as follows.
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(2) In subsection (3) (powers with respect to appointments under section 68(3) etc) in paragraph (a), for "section 68(3)" there shall be substituted "section 68(2B) or (3)".
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(3) After subsection (3) there shall be inserted-
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"(3A) In the application of subsection (3) in relation to appointment under section 68(2B)-
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(a) any reference to the appropriate authority shall be taken as a reference to the Secretary of State; and |
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(b) the reference in paragraph (b)(i) to another member of a police force shall be taken as a reference to another person." |
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Grants by local authorities |
| | 100. In section 92 of the Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority"
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Acceptance of gifts and loans |
| | 101. In section 93 of the Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
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Metropolitan police fund etc |
| | 102. - (1) Section 95 of the Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.
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(2) The following words shall cease to have effect-
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(a) "the metropolitan police fund and"; |
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(b) "respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)"; |
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(c) in paragraph (a), "the metropolitan police district or"; and |
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(d) in paragraph (b), "the metropolitan police force or". |
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(3) The sidenote to the section accordingly becomes "The City of London police fund."
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Obtaining community views on policing |
| | 103. - (1) Section 96 of the Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.
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(2) In subsection (2)-
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(a) for "subsections (3) to (6)" there shall be substituted "subsection (6)"; and |
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(b) after "chief constable" there shall be inserted "or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,". |
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(3) Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.
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National and international functions of metropolitan police |
| | 104. After section 96 of the Police Act 1996 there shall be inserted-
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| "National and international functions of the metropolitan police. |
96A. - (1) The Secretary of State and the Metropolitan Police Authority 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 national or international functions.
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(2) If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions-
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(a) to the standard specified in any agreement in force under subsection (1), or |
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(b) if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory, |
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he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.
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(3) The Metropolitan Police Authority shall comply with any directions given under subsection (2).
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(4) For the purposes of this section "national or international functions" means functions relating to-
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(a) the protection of prominent persons or their residences, |
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(c) counter-terrorism, or |
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(d) the provision of services for any other national or international purpose. |
| National and international functions: application of requirements relating to reports etc. |
96B. - (1) In its application to the Metropolitan Police Authority, section 6(1) shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.
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(2) In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
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(3) In its application to the Metropolitan Police Authority, section 8 shall have effect as if-
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(a) the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and |
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(b) the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section. |
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(4) In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
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(5) In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.
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(6) Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.
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(7) Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section."
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Schedule 2 |
| | 105. - (1) Schedule 2 to the Police Act 1996 (provision relating to police authorities established under section 3) shall be amended as follows.
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(2) Paragraph 4(2) (which refers to persons disqualified under paragraph 12) shall cease to have effect.
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(3) Paragraph 12 (which disqualifies a member of a relevant council for being appointed as a member of a police authority if he was elected for an electoral division or ward wholly within the metropolitan police district) shall cease to have effect.
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(4) In paragraph 26 (meaning of "relevant council")-
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(a) in sub-paragraph (1)(a), for "county borough or London borough" there shall be substituted "or county borough"; and |
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(b) sub-paragraph (2) (areas partly within the metropolitan police district) shall cease to have effect. |
