The Local Policing Bodies (Consequential Amendments No. 2) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 1 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) provides for the replacement of police authorities in England and Wales outside London with police and crime commissioners. Section 3 of the 2011 Act provides for the replacement of the Metropolitan Police Authority with the Mayor’s Office for Policing and Crime. The 2011 Act does not change the policing governance arrangements in the City of London, where the Common Council continues to act as the police authority. Police and crime commissioners, the Mayor’s Office for Policing and Crime and the Common Council in its capacity as police authority are referred to as “local policing bodies” (see sections 96(2)(a) and 97(2) of the 2011 Act, amending section 101(1) of the Police Act 1996 and Schedule 1 to the Interpretation Act 1978 respectively).

These Regulations make amendments to various other instruments in consequence of the changes to policing governance made by the 2011 Act.

The Railway Safety Accreditation Scheme Regulations 2004 make provision for the chief constable of the British Transport Police to establish and maintain a scheme for the accreditation of suitably skilled and trained non-police employees, granting them certain police powers which can be exercised within the jurisdiction of the British Transport Police. The effect of the amendment in regulation 2 of these Regulations is that, before making such a scheme, the chief constable is required to consult persons whom he considers represent the views of local policing bodies, just as he has previously been required to consult persons whom he considers represent the views of police authorities.

The Planning Act 2008 provides for the granting of development consent for certain types of nationally significant infrastructure projects.

The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 prescribe the persons whom the Secretary of State must consult before designating a statement as a national policy statement (that is, a statement setting out national policy in relation to major infrastructure developments and the determination of applications for development consent). The effect of the amendments in regulation 4 of these Regulations is that, where a proposed national policy statement includes policies identifying one or more locations as suitable (or potentially suitable) for a specified description of development, and a police and crime commissioner has responsibility for some or all of the area identified in the statement, the Secretary of State must consult that police and crime commissioner and any other police and crime commissioner for an adjacent police area. Previously this requirement applied to police authorities for police areas outside London.

The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 make provision in relation to the procedure for applying for development consent. The effect of the amendments in regulation 5 is that police and crime commissioners replace police authorities for police areas outside London as persons who must be consulted in relation to applications.

The Infrastructure Planning (Interested Parties) Regulations 2010 make provision in relation to interested parties who may make representations in relation to an application for development consent. The effect of the amendments in regulation 6 is that the relevant police and crime commissioner replaces the relevant police authority for a police area outside London as an interested party.

The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 make provision in relation to the inclusion, in an order for development consent, of provision authorising the compulsory purchase of land. The effect of the amendments in regulation 7 of these Regulations is that the relevant police and crime commissioner replaces the relevant police authority for a police area outside London as a person who must be notified of the proposed provision.

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 make provision in relation to the procedure for applications to change or revoke orders granting development consent. The effect of the amendments in regulation 8 of these Regulations is that the relevant police and crime commissioner replaces the relevant police authority for a police area outside London as a person who must be consulted in relation to such applications.

A full regulatory impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.