The Local Policing Bodies (Consequential Amendments) Regulations 2011
The Secretary of State makes the following Regulations in exercise of powers conferred by section 2(2) of that Act and by the provisions set out in Schedule 1, having consulted as set out in Schedule 2.
Citation and commencement1.
(1)
These Regulations may be cited as the Local Policing Bodies (Consequential Amendments) Regulations 2011
(2)
These Regulations come into force on 16th January 2012, with the exception of regulation 21(2)(a) which comes into force on 22nd November 2012.
Amendment to the Special Constables Regulations 19652.
(1)
(2)
In regulation 5A(1) and (2) (special constables’ allowance) for “police authority” (in each place) substitute “local policing body”.
Amendments to the Police Federation Regulations 19693.
(1)
(2)
In regulation 5(3) (proceedings of branches), for “members of the police authority” substitute “the local policing body or, where the local policing body is the Common Council of the City of London, members of the Common Council”.
(3)
In regulations 5(4), 7(4) (proceedings of branch boards) and 15B(3) (emoluments etc of officers of Federation) and paragraph 5 of Schedule 2 (proceedings) for “police authority” substitute (in each) “local policing body”.
(4)
In regulation 15B(1), for “police authorities” substitute (in each place) “local policing bodies”.
Amendments to the Motor Vehicles (Third Party Risks) Regulations 19724.
(1)
(2)
In regulation 7(3) (production of evidence as alternatives to certificates) after “police authority” (in each place) insert “, local policing body”.
(3)
In regulation 9(1)(c)(ii) (production of evidence of insurance or security on application for excise licences)—
(a)
after “a police authority” (in the first place) insert “, a local policing body”;
(b)
after “police authority” (in each subsequent place) insert “, local policing body”.
Amendments to the Police Cadets (Pensions) Regulations 19735.
(1)
(2)
“(2A)
For the purposes of these Regulations a reference to the police pension authority shall be construed in accordance with section 11(2) of the Police Pensions Act 1976.”.
(3)
In regulation 3(3)(b), for “police authority” substitute “police pension authority”.
(4)
In regulations 3(3)(d) and 7(1)(d) and (e), for “police authority are” substitute “police pension authority is”.
(5)
In regulation 3(7), for the words after “to which a police cadet is attached” substitute “and to the chief officer of police are, respectively, references to the police force with a view to becoming a member of which the cadet is undergoing training and the chief officer of that force”.
(6)
In regulation 4(3) (effect of regulations), for “his police authority” substitute “the chief officer of police”.
(7)
In regulation 7A(2) (dependent relative’s special pension), for “police authority, having regard to all the circumstances of the case, in their discretion so determine” substitute “police pension authority, having regard to all the circumstances of the case, in its discretion so determines”.
(8)
In regulation 13 (authority by whom payments are to be made), for “police authority maintaining” substitute “police pension authority for”.
Amendments to the Special Constables (Pensions) Regulations 19736.
(1)
(2)
“(2A)
For the purposes of these Regulations a reference to the police pension authority shall be construed in accordance with section 11(2) of the Police Pensions Act 1976.”.
(3)
In regulations 3(4)(a) and (b) and 12 (authority by whom payments are to be made), for “police authority” substitute “police pension authority”.
(4)
In regulations 6(1)(d) and (e) (widow’s augmented award) and 7(1)(d) and (e) (dependent relative’s special pension), for “police authority are” substitute “police pension authority is”.
(5)
In regulation 7(2), for “police authority, having regard to all the circumstances of the case, in their discretion” substitute “police pension authority, having regard to all the circumstances of the case, in its discretion”.
Amendment to the Weighing of Motor Vehicles (Use of Dynamic Axle Weighing Machines) Regulations 19787.
(1)
(2)
In regulation 2(1) (interpretation), after “police authority” insert “, a local policing body”.
Amendments to the Motor Vehicles (Tests) Regulations 19818.
(1)
(2)
In regulation 6 (exemptions)—
(a)
in paragraph (1)(xiv), for “in England and Wales by a police authority” substitute “in England and Wales by a local policing body”;
(b)
in paragraph (5), in paragraph (ii) of the definition of “test”, for “police authority” substitute “local policing body”.
Amendments to the Road Vehicles (Construction and Use) Regulations 19869.
(1)
(2)
In regulation 3 (interpretation), in sub-paragraph (h) of the definition of “public works vehicle” in column 2 of the table, after “police authority” insert “or local policing body”.
(3)
In regulation 4 (application and exemptions), in item 10 in column 2 of the table, after “police authority” insert “or local policing body”.
(4)
In regulation 74 (testing and inspection), in paragraph (1)(c), after “police authority” insert “or local policing body”.
Amendments to the Occupational Pension Schemes (Managers) Regulations 198610.
(1)
(2)
In regulation 1(2) (interpretation), for “police authority” substitute “police pension authority”.
(3)
In regulation 2(c) (managers of public service pension schemes), for “police authority of” substitute (in each place) “police pension authority for”.
Amendment to the Goods Vehicles (Plating and Testing) Regulations 198811.
(1)
(2)
In paragraph 34 of Schedule 2 (classes of vehicles to which these Regulations do not apply), for “in England and Wales by a police authority” substitute “in England and Wales by a local policing body”.
Amendment to the Police (Disposal of Sound System) Regulations 199512.
(1)
(2)
In regulation 4 (application of proceeds of sale), after “police authority” (in each place) insert “or local policing body”.
Amendments to the Knives (Forfeited Property) Regulations 199713.
(1)
(2)
In regulation 2 (interpretation), in the definition of “the relevant authority”—
(a)
“(a)
in relation to a police area in England and Wales, the local policing body (within the meaning of section 101(1) of the Police Act 1996);”;
(b)
omit paragraph (b).
Amendments to the Police (Property) Regulations 199714.
(1)
(2)
In regulation 3, in the definition of “the relevant authority”—
(a)
“(a)
in relation to a police area in England and Wales, the local policing body (within the meaning of section 101(1) of the Police Act 1996);”;
(b)
omit paragraph (b).
Amendment to the Health and Safety (Enforcing Authority) Regulations 199815.
(1)
(2)
In regulation 4 (exceptions), in paragraph (3)(d), after “police authority” insert “, a local policing body”.
Amendments to the Motor Vehicles (Driving Licences) Regulations 199916.
(1)
(2)
“(c)
a person appointed by a chief officer of police, for the purpose of testing—
(i)
members of a police force, and
(ii)
persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;”.
(3)
“(d)
a person appointed by a chief officer of police, for the purpose of testing—
(i)
members of a police force, and,
(ii)
persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;”.
(4)
“(ii)
persons employed in the driving of motor vehicles for police purposes by the chief officer or by the police authority or local policing body for the area in respect of which he is the chief officer,”.
Amendment to the Motor Vehicles (Access to Driver Licensing Records) Regulations 200117.
(1)
(2)
In regulation 3(2) (further disclosure), after “police authority” insert “, local policing body or chief officer of police”.
Amendment to the Traffic Signs Regulations and General Directions 200218.
(1)
(2)
In regulation 53(4)(e) (temporary signs), before “police authority” insert “local policing body,”.
Amendment to the Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 200319.
(1)
(2)
In Form 1 in Schedule 1 (special extinguishment order), for “The police authority . . . . . . . . [name of authority]” substitute “The local policing body . . . . . . . . [name of body]”.
Amendments to the Town and Country Planning (Local Development) (England) Regulations 200420.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““local policing body” means—
(a)
a police and crime commissioner (in relation to a police area listed in Schedule 1 to the Police Act 1996);
(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;”;
(b)
omit the definition of “police authority”;
(c)
“(d)
a local policing body;”.
Amendments to the Public Contracts Regulations 200621.
(1)
(2)
In regulation 3 (contracting authorities), in paragraph (1)—
(a)
“(m)
a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 201125;(ma)
a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011;”;
(b)
“(n)
the Mayor’s Office for Policing and Crime established under section 3 of the Police Reform and Social Responsibility Act 2011;
(na)
the Commissioner of Police of the Metropolis established under section 4 of the Police Reform and Social Responsibility Act 2011;”.
Amendment to the Childcare (Supply and Disclosure of Information) (England) Regulations 200722.
(1)
(2)
In regulation 8(2)(b) (required provision of information to child protection agencies and police forces), before “a police authority” insert “a local policing body, or”.
Amendment to the Town and Country Planning (Control of Advertisements) (England) Regulations 200723.
(1)
(2)
In the table in Part 1 of Schedule 3 (classes of advertisement for which deemed consent is granted), in the entry for Class 10, for “police authority” (in each place) substitute “local policing body”.
Amendment to the REACH Enforcement Regulations 200824.
(1)
(2)
In Schedule 3 (health and safety enforcement), in Part 3, in paragraph 5(c), after “police authority” insert “, local policing body”.
Amendments to the UK Border Agency (Complaints and Misconduct) Regulations 201025.
(1)
(2)
In regulation 4 (application of the Police Reform Act 2002), in paragraph (3)(b), for “police authorities” substitute “local policing bodies”.
(3)
In regulation 10 (co-operation, assistance and information), in paragraph (4), for “police authority” substitute “local policing body”.
(4)
In regulation 11 (payment for assistance with investigations)—
(a)
for “police authority” (in each place) substitute “local policing body”;
(b)
for “police authorities” (in each place) substitute “local policing bodies”.
Amendment to the Building Regulations 201026.
(1)
(2)
In regulation 10 (exemption of the Metropolitan Police Authority from procedural requirements), for “Metropolitan Police Authority” (in each place) substitute “Mayor’s Office for Policing and Crime”.
Amendment to the Accounts and Audit (England) Regulations 201127.
(1)
(2)
In regulation 7 (statement of accounts), in paragraph (4), in paragraph (d) of the definition of “contribution to the person’s pension”, for “police authority” substitute “police pension authority”.
Home Office
SCHEDULE 1
The provisions conferring powers under which these Regulations are made are—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
sections 13, 53(6) and 12, 54(4), 55(8), 56A(1), 57D(1) and (6), 66, , 73(1) to (6), 81(5) and 105 of the Local Government Act 2000;
(q)
sections 13(2)(f), 14(3) and (5), 15(2)(g), (3) and (7), 17(1)(a) and (7), 19(2)(j), 20(3), 24(3), 28(9) and (11), 31(6) and (7), 35(2) and (3) and 36 of the Planning and Compulsory Purchase Act 2004;
(r)
(s)
(t)
SCHEDULE 2
1.
The Secretary of State has consulted as follows.
2.
In accordance with section 50(1AA) of the Health and Safety at Work etc Act 1974 the Secretary of State consulted the Health and Safety Executive and such other bodies as appeared to her to be appropriate.
3.
In accordance with section 134(2) of the Road Traffic Regulation Act 1984 and section 195(2) of the Road Traffic Act 1988 the Secretary of State consulted with such representative organisations as she thought fit.
4.
In accordance with section 60(4) of the Police Act 1996 the Secretary of State consulted the three central committees of the Police Federation to which these Regulations relate, sitting together as a joint committee.
5.
In accordance with section 27(3) of the Audit Commission Act 1998, the Secretary of State consulted with the Audit Commission, such associations of local authorities as appeared to her to be concerned and such bodies of accountants as appeared to her to be appropriate.
These Regulations make amendments to various instruments in consequence of the changes to policing governance in England and Wales made by Part 1 of the Police Reform and Social Responsibility Act 2011 (“the Act”).
The Act abolishes police authorities in England and Wales, outside London, and replaces them with police and crime commissioners. It also replaces the Metropolitan Police Authority with the Mayor’s Office for Policing and Crime. The Act makes no change to the role of the Common Council of the City of London as the police authority for the City of London police area. The Act amends the Interpretation Act 1978 with the effect that the words “local policing body” are defined as a police and crime commissioner, the Mayor’s Office for Policing and Crime and the Common Council in its capacity as a police authority.
The Act also establishes chief constables of police forces in England and Wales and the Commissioner of Police of the Metropolis (known collectively as chief officers of police) as corporations sole with the power to employ staff (previously all police staff were employees of the police authorities). The Act also gives chief officers of police the power to acquire property (except land) and to enter into contracts, with the consent of the relevant local policing body.
These Regulations amend the various instruments in order to reflect the replacement of police authorities with local policing bodies, and the new powers of the chief officers of police to employ police staff and procure goods and services in their official capacity. Where a reference to a police authority in an amended instrument applies in Scotland, a reference to a local policing body is inserted in addition to it rather than by way of substitution, as police authorities in Scotland are unaffected by the Act.
The amendments made by these Regulations do not otherwise change the substantive effect of any of the instruments amended.