Police Reform and Social Responsibility Act 2011

2011 c. 13

An Act to make provision about the administration and governance of police forces; about the licensing of, and for the imposition of a late night levy in relation to, the sale and supply of alcohol, and for the repeal of provisions about alcohol disorder zones; for the repeal of sections 132 to 138 of the Serious Organised Crime and Police Act 2005 and for the prohibition of certain activities in Parliament Square; to enable provision in local authority byelaws to include powers of seizure and forfeiture; about the control of dangerous or otherwise harmful drugs; to restrict the issue of arrest warrants for certain extra-territorial offences; and for connected purposes.

[15th September 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C27 C89 C90

Annotations:

Modifications etc. (not altering text)

C27

Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(r) (with arts. 3(2), 6, 12)

C89

Act applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 paras. 17-36

C90

Act: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(m) (with arts. 11, 12)

C88Part 1Police reform

Annotations:

Modifications etc. (not altering text)

C88

Schedule 1 (police and crime commissioners) has effect.

I6012Chief constables

h

the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004.

9

In section 424 of the Greater London Authority Act 1999 (interpretation), in subsection (1), in the definition of “functional body”, for paragraph (c) substitute—

c
the Mayor's Office for Policing and Crime; or

10

In this section, references to the Mayor of London include references to a person who is, by virtue of Schedule 4 to the Greater London Authority Act 1999 (exercise of functions of Mayor during vacancy or incapacity), treated as if the person were the Mayor of London.

11

Where such a person is the occupant for the time being of the Mayor's Office for Policing and Crime, references in this section to the relevant mayoral term are references to the period for which the person is treated as if the person were the Mayor of London.

12

The Metropolitan Police Authority is abolished.

13

Schedule 3 (Mayor's Office for Policing and Crime) has effect.

I574Commissioner of Police of the Metropolis

1

There is to be a corporation sole with the name “the Commissioner of Police of the Metropolis”.

2

The Commissioner of Police of the Metropolis is to be appointed, and hold office, in accordance with—

a

sections 42 and 48, and

b

the terms and conditions of the appointment.

3

The metropolitan police force, and the civilian staff of the metropolitan police force, are under the direction and control of the Commissioner of Police of the Metropolis.

4

The Commissioner of Police of the Metropolis has the other functions conferred by this Act and by other enactments.

5

The Commissioner of Police of the Metropolis must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the Mayor's Office for Policing and Crime to exercise that Office's functions.

6

Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

7

Schedule 4 (Commissioner of Police of the Metropolis) has effect.

CHAPTER 3Functions of elected local policing bodies etc

ii

any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

C2810

A police and crime commissioner who issues or varies a police and crime plan must—

a

send a copy of the issued plan, or the variation, to the relevant chief constable and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the relevant police area, and

b

publish a copy of the issued plan, or the variation.

C2811

The duty under subsection (10) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

C2812

It is for the commissioner to determine the manner in which—

a

a response to a report or recommendations is to be published in accordance with subsection (6)(f), and

b

a copy of the plan or variation is to be published in accordance with subsection (10) (b).

13

In this section—

“financial year” means the financial year of the police and crime commissioner;
“ordinary election”, in relation to the police and crime commissioner for a police area, means an election held under section 50 in relation to that area.

I586Mayor's Office for Policing and Crime to issue police and crime plans

1

The Mayor's Office for Policing and Crime must issue a police and crime plan within the financial year in which each ordinary election is held.

2

The Mayor's Office for Policing and Crime must comply with the duty under subsection (1) as soon as practicable after the person elected in the ordinary election takes office.

3

The Mayor's Office for Policing and Crime may, at any time, issue a police and crime plan.

4

The Mayor's Office for Policing and Crime may vary a police and crime plan.

5

In issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

6

Before issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must—

a

prepare a draft of the plan or variation,

b

consult the Commissioner of Police of the Metropolis in preparing the draft plan or variation,

c

send the draft plan or variation to the police and crime panel of the London Assembly (see section 32),

d

have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 33(1)),

e

give the panel a response to any such report or recommendations, and

f

publish any such response.

7

In complying with subsection (6)(c), the Mayor's Office for Policing and Crime must ensure that the police and crime panel has a reasonable amount of time to exercise its functions under section 33(1).

8

The Mayor's Office for Policing and Crime must consult the Commissioner of Police of the Metropolis before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

9

The Mayor's Office for Policing and Crime must—

a

keep the police and crime plan under review, and

b

in particular, review the police and crime plan in the light of any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

10

The provisions of the 1999 Act set out in subsection (11) apply to the Mayor's Office for Policing and Crime and police and crime plans as the provisions apply to the Mayor of London and the relevant mayoral strategies.

11

Those provisions of the 1999 Act are—

a

section 33(1)(b) and (c) (equality of opportunity);

b

section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12) (general duties in preparing and revising strategies);

c

section 42(1) and (6) (consultation);

d

section 42A (apart from subsection (2)) (consultation: supplementary provision);

e

section 43 (publicity and availability of strategies);

f

section 44 (directions by the Secretary of State).

12

Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as if the police and crime plan were a strategy listed in section 41(1) of the 1999 Act.

13

The Mayor of London and the Mayor's Office for Policing and Crime must co-operate with each other in exercising their respective functions under section 41(5)(b) of the 1999 Act.

14

In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district”.

15

In this section—

“1999 Act” means the Greater London Authority Act 1999;
“financial year” means the financial year of the Mayor's Office for Policing and Crime;
“ordinary election” means an election of the Mayor of London held under section 3 of the 1999 Act;
“relevant mayoral strategy”, in relation to a provision set out in subsection (11), means a strategy to which the provision applies.

such persons as appear to the Secretary of State to represent the views of chief officers of police, and

I59d

such other persons as the Secretary of State thinks fit.

I597

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”—
1. a
  in relation to a police and crime commissioner, has the meaning given in section 5;
2. 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—
1. a
  begins with—
  1. i
    the day on which the plan is issued, or
  2. ii
    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
2. b
  ends with the last day of the financial year in which the next 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)—
1. a
  the day must fall after the day on which the plan is issued;
2. 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;
3. 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.

8Duty to have regard to police and crime plan

I6041

A police and crime commissioner must, in exercising the functions of commissioner, have regard to the police and crime plan issued by the commissioner.

I6042

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 regard to the police and crime plan issued by the police and crime commissioner for that police area.

I603

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.

I604

The Commissioner of Police of the Metropolis must, in exercising the functions of Commissioner, have regard to the police and crime plan issued by the Mayor's Office for Policing and Crime.

I605

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.

I606

A person given such guidance must have regard to the guidance.

7

Before giving guidance under subsection (5) the Secretary of State must consult—

I604a

such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

I60b

the Mayor's Office for Policing and Crime,

I60c

such persons as appear to the Secretary of State to represent the views of chief officers of police, and

I60d

such other persons as the Secretary of State thinks fit.

F8 I61 I6059Crime and disorder reduction grants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I62 I60610Co-operative working

1

The elected local policing body for a police area must, in exercising its functions, have regard to the relevant priorities of each responsible authority.

2

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 section 6 of the Crime and Disorder Act 1998 in relation to that police area, must act in co-operation with each other.

3

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 for the police area.

4

The references in this section to a responsible authority exercising functions in relation to a police area are references to the responsible authority exercising the functions in relation to a local government area that is comprised, or included, in the police area.

5

In this section—

“criminal justice body”, in relation to the elected local policing body for a police area, means—
1. a
  the chief officer of police for that police area;
2. b
  the Crown Prosecution Service;
3. c
  the Lord Chancellor, in exercising functions under section 1 of the Courts Act 2003 (duty to ensure efficient and effective courts service);
4. d
  a Minister of the Crown, in exercising functions in relation to prisons (within the meaning of the Prison Act 1952);
5. e
  a youth offending team established under section 39 of the Crime and Disorder Act 1998;
6. 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;
7. g
  the Secretary of State, in making probation provision in accordance with arrangements made by the Secretary of State under section 3(5) of the Offender Management Act 2007;
“functions” does not include functions which are exercisable only in relation to Wales and relate to matters in relation to which the Welsh Ministers have functions;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“relevant priority”, in relation to a responsible authority, means a priority applicable to the exercise of that authority's functions which is identified by that authority in compliance with a requirement imposed by regulations made under section 6(2) of the Crime and Disorder Act 1998;
“responsible authority” has the same meaning as in section 5 of the Crime and Disorder Act 1998.

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 annual report is to be published.

I65 I609 C31 C7813Information 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.

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 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

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.

I66 I61014Arrangements for obtaining the views of the community on policing

1

Section 96 of the Police Act 1996 (arrangements for obtaining the views of the 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—

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 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 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.
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—
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—

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 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 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.

6

Omit subsections (6) to (10).

Other provisions about functions

I67 I61115Supply 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 (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 of the City of London in its capacity as a 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.

I68 I612 C4516Appointment 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.

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).

I69 I61317Duties when carrying out functions

C321

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.

C32 C792

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 year (see section 28(4)).

C803

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

b

during the period after receipt of a report or recommendations when the body is considering the report or recommendations.

I43 C33 C814

In carrying out functions, an elected local policing body must have regard to any financial code of practice issued by the Secretary of State.

I43 C335

The Secretary of State may from time to time revise the whole or any part of any financial code of practice.

I43 C336

The Secretary of State must lay before Parliament a copy of—

a

any financial code of practice, and

b

any revision of a financial code of practice.

I43 C337

In this section “financial code of practice” means a code of practice relating to the proper administration by elected local policing bodies of their financial affairs.

8

This section is in addition to the duty under section 8 to have regard to the police and crime plan.

For further provision about the appointment of a deputy police and crime commissioner, see paragraphs 8 to 12 of Schedule 1.

I7019Delegation 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

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.

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;

The Deputy Mayor for Policing and Crime is a member of the staff of the Mayor's Office for Policing and Crime.

11

But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member).

12

The appointment of the Deputy Mayor for Policing and Crime is subject to Schedule 4A to the Greater London Authority Act 1999.

13

For further provision about the appointment of the Deputy Mayor for Policing and Crime, see paragraph 4 of Schedule 3.

I7120Deputy Mayor for Policing and Crime: confirmation hearings

1

The Greater London Authority Act 1999 is amended in accordance with this section.

2

In section 60A (confirmation hearings etc for certain appointments by the Mayor)—

a

in the title, at the end insert “ or Mayor's Office for Policing and Crime ”;

b

in subsection (3), omit the entry relating to the chairman and vice chairman of the Metropolitan Police Authority;

c

for subsection (4) substitute—

4
This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.

3

In Schedule 4A (confirmation hearings etc)—

a

in paragraph 1 (application of Schedule), after sub-paragraph (2) insert—

3
This Schedule also has effect where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.
4
In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.
5
Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).
6
Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.
7
Paragraphs 2, 4 and 5 are subject to paragraph 10.

b

after paragraph 9 insert—

10
1
The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.
2
The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—
a
has held a confirmation meeting in relation to the appointment before the exercise of the power; and
b
notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).
3
If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.
4
References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.
5
For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.

Financial matters

I72 I615 C4721Police fund

1

Each elected local policing body must keep a fund to be known as the police fund.

2

All of an elected local policing body's receipts must be paid into the relevant police fund.

3

All of an elected local policing body's expenditure must be paid out of the relevant police fund.

4

An elected local policing body must keep accounts of payments made into or out of the relevant police fund.

5

Subsections (2) and (3) are subject to any regulations under the Police Pensions Act 1976.

6

In this section “relevant police fund”, in relation to an elected local policing body, means the police fund which that body keeps.

I61622Minimum budget for police and crime commissioner

1

Section 41 of the Police Act 1996 (directions as to minimum budget) is amended as follows.

2

In subsection (1)—

a

for “a police authority established under section 3” substitute “ a police and crime commissioner ”;

b

for “the authority” substitute “ the commissioner ”;

F3c

for “its” substitute “the commissioner's”.

3

After subsection (1) insert—

1A
But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.

4

In subsection (4)—

a

for “a police authority” substitute “ a police and crime commissioner ”;

b

for “the authority” substitute “ the commissioner ”.

I7323Minimum budget for Mayor's Office for Policing and Crime

1

The Greater London Authority Act 1999 is amended as follows.

2

Section 95 (minimum budget for Metropolitan Police Authority) is amended in accordance with subsections (3) to (7).

3

In the title, for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

4

In subsection (1), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

5

In subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

6

After subsection (2) insert—

2A
But the Secretary of State may not give a direction to the Authority under subsection (2) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in the metropolitan police district from being put at risk.

7

In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each place) substitute “ Mayor's Office for Policing and Crime ”.

8

In section 96 (provisions supplemental to section 95), in subsection (6), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

24Police grant

I741

Section 46 of the Police Act 1996 (police grant) is amended as follows.

I6172

In subsection (1)—

F30a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

for the words after paragraph (b) substitute—

and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.

I6173

In subsection (2)(b), for “authority” substitute “ grant recipient ”.

I6174

In subsection (4), for “police authorities” substitute “ grant recipients ”.

I6175

In subsection (5), for “different authorities or different classes of authority” substitute “ different grant recipients or different classes of grant recipient ”.

I6176

In subsection (7), for “police authority” substitute “ grant recipient ”.

I747

In subsection (7A)—

a

for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”;

b

for “that Authority” substitute “ that Office ”.

I6178

In subsection (8)—

a

for “an authority's” substitute “ a grant recipient's ”;

b

for “the authority” substitute “ the grant recipient ”;

c

for “an authority” substitute “ a grant recipient ”.

I749

In subsection (9), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

25Other grants etc under Police Act 1996

I751

The Police Act 1996 is amended as follows.

I752

In section 47 (grants for capital expenditure)—

a

in subsection (1), for the words from “by” to “Authority”, substitute “ by local policing bodies ”;

b

in subsection (4), for “by virtue of subsection (1)(b)” substitute “ under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime ”;

c

in subsection (5)—

i

for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”;

ii

for “that Authority” substitute “ that Office ”.

I753

In section 48 (grants for expenditure on safeguarding national security)—

a

in subsection (1), for the words from “by” to “security”, substitute “ by local policing bodies in connection with safeguarding national security ”;

1

The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

2

In section 39 (precepting and precepted authorities), in subsection (1) (major precepting authorities), for paragraph (b) substitute—

b
a police and crime commissioner;

3

In section 65 (duty to consult ratepayers), in subsection (3) (definition of relevant authority), after “major precepting authority” insert “ , apart from a police and crime commissioner ”.

4

Schedule 5 (issuing precepts) has effect.

27Other grants etc

I761

Section 155 of the Local Government and Housing Act 1989 (emergency financial assistance to local authorities) is amended in accordance with subsections (2) and (3).

I762

In subsection (1A) (grants to GLA functional bodies), for paragraph (b) substitute—

b
the Mayor's Office for Policing and Crime, or

I6203

In subsection (4) (meaning of local authority), for paragraph (ea) substitute—

ea
a police and crime commissioner;

I6204

In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of Part 3: expenditure grant), in subsection (1) (meaning of local authority), for paragraph (m) substitute—

m
a police and crime commissioner.

CHAPTER 4Accountability of elected local policing bodies

12

The police and crime panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor's Office for Policing and Crime.

13

In this section—

“1999 Act” means the Greater London Authority Act 1999;
“special scrutiny functions” means the functions conferred—
1. a
  by section 33(1), or
2. b
  by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

Chief officers of police

I7934Engagement with local people

1

A chief officer of police must make arrangements for obtaining the views of persons within each neighbourhood in the relevant police area about crime and disorder in that neighbourhood.

2

A chief officer of police must make arrangements for providing persons within each neighbourhood in the relevant police area with information about policing in that neighbourhood (including information about how policing in that neighbourhood is aimed at dealing with crime and disorder there).

3

Arrangements under this section must provide for, or include arrangements for, the holding in each neighbourhood of regular meetings between—

a

persons within that neighbourhood, and

b

police officers with responsibility for supervising or carrying out policing in that neighbourhood.

4

It is for a chief officer of police to determine what the neighbourhoods are in the relevant police area.

I8035Value for money

1

In exercising functions, a chief officer of police must secure that good value for money is obtained.

2

That includes securing that the persons under the direction and control of the chief officer of police obtain good value for money in exercising their functions.

I81 I62436Information for elected local policing bodies

1

A chief officer of police must give the relevant elected local policing body such information on policing matters that the body may require the chief officer to give.

2

Such information must be in the form (if any) specified by the elected local policing body.

3

The elected local policing body may—

a

arrange for such information to be published, or

b

require the chief officer of police to arrange for such information to be published.

4

It is for the elected local policing body to determine the manner in which information is to be published in accordance with subsection (3) (a) or (b).

5

In this section “policing matters” means matters connected with the policing of the relevant police area.

I82 I62537Appointment of persons not employed by chief officers of police

1

This section applies where a chief officer of police is required or authorised by any Act—

a

to appoint a person to a specified post in the relevant police force, or a specified post in the civilian staff of the relevant police force, or

b

to designate a person as having specified duties or responsibilities.

2

The chief officer of police may appoint or designate a person whether or not the person is already a member of staff of the police force.

3

Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

Police forces outside London

I62638Appointment, suspension and removal of chief constables

1

The police and crime commissioner for a police area is to appoint the chief constable of the police force for that area.

2

The police and crime commissioner for a police area may suspend from duty the chief constable of the police force for that area.

3

The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire.

4

The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).

5

Schedule 8 (appointment, suspension and removal of senior police officers) has effect.

6

This section is subject to Parts 1 and 2 of Schedule 8.

7

This section and Schedule 8 are subject to regulations under section 50 of the Police Act 1996.

I62739Deputy chief constables

1

Each police force must have one or more deputy chief constables.

2

The chief constable of a police force must consult the relevant police and crime commissioner before increasing the number of deputy chief constables which the force has.

3

The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person to be a deputy chief constable of the force.

4

The chief constable of a police force may suspend from duty a deputy chief constable of that police force.

5

The chief constable of a police force may call upon a deputy chief constable of that police force to resign or retire.

6

A deputy chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (5).

7

Subsections (3) to (6) are subject to regulations under section 50 of the Police Act 1996.

8

Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

9

In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

I62840Assistant chief constables

1

Each police force must have one or more assistant chief constables.

2

The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person as an assistant chief constable of the force.

3

The chief constable of a police force may suspend from duty an assistant chief constable of that police force.

4

The chief constable of a police force may call upon an assistant chief constable of that police force to resign or retire.

5

An assistant chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (4).

6

Subsections (2) to (5) are subject to regulations under section 50 of the Police Act 1996.

7

Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

8

In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

I62941Power of deputy to exercise functions of chief constable

b

is treated under this section as the most senior deputy chief constable,

The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations.

3D

The College of Policing must recommend to the Secretary of State matters to be designated under this section.

3E

The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).

4

The appointment of the Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

I8443Deputy Commissioner of Police of the Metropolis

1

The Metropolitan Police force has one Deputy Commissioner of Police of the Metropolis.

2

The Deputy Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

3

A person holds office as the Deputy Commissioner of Police of the Metropolis at Her Majesty's pleasure.

F1583A

The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment.

3B

A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

4

Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis, the Secretary of State must have regard to—

a

any recommendations made by the Commissioner of Police of the Metropolis, and

b

any representations made by the Mayor's Office for Policing and Crime.

5

The appointment of the Deputy Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

I8544Functions of Deputy Commissioner of Police of the Metropolis

1

The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

a

during any absence, incapacity or suspension from duty of the Commissioner,

b

during any vacancy in the office of Commissioner, or

c

at any other time, with the consent of the Commissioner.

2

The Deputy Commissioner of Police of the Metropolis does not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

3

The Deputy Commissioner of Police of the Metropolis has all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

I8645Assistant Commissioners of Police of the Metropolis

1

The metropolitan police force must have one or more Assistant Commissioners of Police of the Metropolis.

2

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as an Assistant Commissioner of Police of the Metropolis.

3

The appointment of a person as an Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

4

An Assistant Commissioner of Police of the Metropolis may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner of Police of the Metropolis.

5

Subsection (4) is without prejudice to regulations under section 50 of the Police Act 1996.

6

In a case where an Assistant Commissioner of Police of the Metropolis is acting in place of the Commissioner of Police of the Metropolis—

a

section 48 applies in relation to the Assistant Commissioner as it applies to the Commissioner (and references to the Commissioner in that section, and in other enactments relating to that section, are to be read accordingly); and

b

section 49 does not apply in relation to the Assistant Commissioner.

7

For the purposes of subsection (6), an Assistant Commissioner is to be taken to be acting in place of the Commissioner at a particular time if—

a

the Assistant Commissioner is, at that time, authorised by subsection (4) to exercise powers and duties of the Commissioner, and

b

that time falls during—

i

any absence, incapacity or suspension from office of the Commissioner, or

ii

any vacancy in the office of Commissioner.

I8746Deputy Assistant Commissioners of Police of the Metropolis

1

The metropolitan police force must have one or more Deputy Assistant Commissioners of Police of the Metropolis.

2

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Deputy Assistant Commissioner of Police of the Metropolis.

3

The appointment of a person as a Deputy Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

I8847Commanders

1

The metropolitan police force must have one or more Commanders.

2

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Commander.

3

The appointment of a person as a Commander is subject to regulations under section 50 of the Police Act 1996.

section 42(2);

b

section 43(3); or

c

regulations under the Police Pensions Act 1976.

I9049Suspension and removal of other senior metropolitan police officers

1

The Commissioner of Police of the Metropolis may suspend a senior metropolitan police officer from duty.

2

If the Commissioner suspends a senior metropolitan police officer from duty, the Commissioner must notify the Mayor's Office for Policing and Crime of the suspension.

3

The Commissioner of Police of the Metropolis may, subject to subsection (5), and after consulting the Mayor's Office for Policing and Crime, call upon a senior metropolitan police officer to resign or retire.

4

A senior metropolitan police officer must resign or retire if called upon to do so in accordance with subsection (3).

5

Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must—

a

give the police officer a written explanation of the reasons why the Commissioner is proposing to call for the retirement or resignation;

b

give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

c

consider any written representations made by the police officer.

6

This section is subject to regulations under section 50 of the Police Act 1996.

7

This section is without prejudice to regulations under the Police Pensions Act 1976.

8

In this section “senior metropolitan police officer” means any of the following—

a

an Assistant Commissioner of Police of the Metropolis;

b

a Deputy Assistant Commissioner of Police of the Metropolis;

c

a Commander.

CHAPTER 6Police and crime commissioners: elections and vacancies

begins immediately the person is declared to be elected as police and crime commissioner for the area;

b

ends at the time when it would have ended had the person been elected at the most recent ordinary election of police and crime commissioners.

9

In the case of a vacancy occurring in consequence of the failure of, or other irregularity in relation to, an election, subsections (3) and (4) have effect subject to any provision made by an order under section 58.

each election to fill a vacancy in the office of police and crime commissioner for a police area under section 51,

An order under subsection (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description.

3

Subject to subsection (4), the returning officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.

4

In a particular case the F205Secretary of State may authorise the payment of—

a

more than the overall maximum recoverable amount, or

b

more than the specified maximum recoverable amount for any specified services or expenses,

if the F205Secretary of State is satisfied that the conditions in subsection (5) are met.

5

Those conditions are—

a

that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

b

that the charges in question are reasonable.

6

The amount of any charges recoverable in accordance with this section is to be paid by the F207Secretary of State on an account being submitted to the F207Secretary of State.

7

But the F207Secretary of State may, before payment, apply for the account to be taxed under section 56.

8

Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at an election of a police and crime commissioner, then on an account being submitted to the F207Secretary of State a sum equal to the increase must be paid to the authority by the F207Secretary of State.

9

On the request of a returning officer for an advance on account of the officer's charges, the F207Secretary of State may make such an advance on such terms as the F207Secretary of State thinks fit.

10

The F207Secretary of State may by regulations make provision as to—

a

the time when, and

b

the manner and form in which,

accounts are to be rendered to the F207Secretary of State for the purposes of the payment of a returning officer's charges.

11

Any sums required by the F207Secretary of State for making payments under this section are to be charged on, and paid out of, the Consolidated Fund.

12

In this section—

“local authority” has the same meaning as in section 54;
“local returning officer” has the same meaning as in that section;
F206...
“returning officer” means—
1. a
  a police area returning officer, or
2. b
  a local returning officer on whom functions are conferred under subsection (2) of F48section 54;
“specified” means specified in, or determined in accordance with, an order under subsection (1).

I480 C6356Taxation of returning officer's account

1

Any application under section 55(7) for a returning officer's account to be taxed is to be made to the county court.

2

On any such application the court has jurisdiction—

a

to tax the account—

i

in such manner, and

ii

at such time and place,

as the court thinks fit, and

b

finally to determine the amount payable to the returning officer.

3

On any such application the returning officer may apply to the court to examine any claim made by any person against the officer in respect of matters charged in the account.

4

Where an application is made in respect of a claim under subsection (3)—

a

notice of the application must be given to the claimant;

b

the court must give the claimant an opportunity to be heard and to tender any evidence;

c

the court may allow or disallow the claim, with or without costs;

d

the determination of the court is final for all purposes and as against all persons.

5

In this section “returning officer” has the same meaning as in section 55.

I481 C6357Voting at elections of police and crime commissioners

1

This section applies to any election under this Chapter of a police and crime commissioner for a police area.

2

The commissioner is to be returned under the simple majority systemF232....

F2333

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2334

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in relation to police and crime commissioners as it applies in relation to persons elected at other elections.

7

In this section—

“relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—
1. a
  the Representation of the People Acts,
2. b
  the Local Government Act 1972,
3. c
  the Local Government Act 2000,
4. d
  the Political Parties, Elections and Referendums Act 2000,
5. e
  F200...
6. f
  the Government of Wales Act 2006, and
7. g
  any other enactment relating to parliamentary elections F200... or local government elections;
“modify” includes amend, repeal or revoke (and related terms are to be read accordingly).

Vacancy in office of police and crime commissioner

I482 C6359Date of vacancy in office of commissioner

1

For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—

a

in the case of a vacancy in consequence of the failure of, or other irregularity in relation to, an election, at the time specified in an order under section 58;

b

in the case of resignation, on receipt of the notice of resignation by the appropriate officer;

c

in the case of death, on the date of death;

d

in any case within subsection (2), on the date on which the office of police and crime commissioner for the police area is declared to have been vacated by the High Court or by the appropriate officer, as the case may be.

2

The cases referred to in subsection (1)(d) are—

a

where the person elected as police and crime commissioner fails to make and deliver a declaration of acceptance of office in accordance with section 70;

b

where a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months);

c

where a person becomes disqualified—

i

from being a police and crime commissioner, or

ii

from being the police and crime commissioner for the police area.

3

The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.

4

The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.

5

Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.

I483 C6360Declaration of vacancy in certain cases

1

Subsection (2) applies where—

a

a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—

i

from being a police and crime commissioner, or

ii

from being the police and crime commissioner for the police area,

b

the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or

c

a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months).

2

The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

a

it has been declared vacant by the High Court, or

b

an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.

I484 C6361Resignation of commissioner

under a contract of employment,

b

under a contract for services, or

c

in accordance with arrangements made between B's employer and A;

and for this purpose B works for A if B provides services for A under the direction and control of A.

C163

In subsection (1)(i), the reference to an entity under the control of a local policing body or other body or a chief officer of police is to be construed in accordance with regulations made by the Secretary of State F210....

4

In its application in relation to the first election of a police and crime commissioner to be held for a police area, this section applies as if—

a

for paragraphs (d) to (g) of subsection (1) there were substituted—

d
any member, or member of staff, of a police authority within the meaning of the Police Act 1996 (see section 101 of that Act);

b

for paragraph (i)(i) of that subsection there were substituted—

i
a police authority within the meaning of the Police Act 1996.

For this purpose—

“member of staff” has the same meaning as in section 65;
“relevant council”, in relation to a police area, means a council within subsection (7) for an area which, or any part of which, lies within the police area.

c

the National Assembly for Wales;

d

the Northern Ireland Assembly;

e

the European Parliament.

I491 C2468Citizenship condition

1

from being, or being elected as police and crime commissioner for that area,

as valid and effectual as if the person had not been so disqualified.

Elections: further provision

I493 C5670Declaration of acceptance of office of police and crime commissioner

1

A person elected to the office of police and crime commissioner for any police area may not act in that office unless the person has—

C18a

made a declaration of acceptance of the office in a form specified in an order made by the Secretary of State F212..., and

b

delivered the declaration to the appropriate officer,

in each case, when not ineligible by virtue of subsection (5).

2

If the person fails to make and deliver a declaration in accordance with subsection (1) within the period of two months beginning with the day after the election, the office of police and crime commissioner for that area becomes vacant at the end of the period.

3

Any declaration made under this section must be made before—

a

the appropriate officer;

b

a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man, or

c

a commissioner appointed to administer oaths in the Senior Courts.

4

Any person before whom a declaration is authorised to be made under this section may take the declaration.

5

A person is ineligible to make or give a declaration of acceptance of office under this section in respect of the office of police and crime commissioner for a police area at any time when the person is a member of—

a

the House of Commons;

b

the Scottish Parliament;

c

the National Assembly for Wales;

d

the Northern Ireland Assembly;

e

the European Parliament.

6

No salary, and no payment towards the provision of superannuation benefits, is to be paid under this Act to or in respect of a police and crime commissioner until the commissioner has complied with the requirements of subsection (1).

7

Subsection (6) does not affect any entitlement of a police and crime commissioner to payments in respect of the period before the commissioner complies with the requirements of subsection (1) once the commissioner has complied with those requirements.

I494 C6571Judicial proceedings as to disqualification or vacancy

3

In this section—

“police area alteration order” means—
1. a
  an order under section 32 of the Police Act 1996 (power to alter police areas by order);
2. b
  an order under section 10 of the Local Government and Public Involvement in Health Act 2007 (implementation of Boundary Committee for England review of local government areas) which alters the boundary of any police area in England;
3. c
  F5an order under section 45 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (recommendations for changes to police areas) which alters the boundary of any police area in Wales;
“resulting police area”, in relation to a police area alteration order, means a police area existing immediately after the order comes into force—
1. a
  which is created by the order, or
2. b
  any part of whose boundary results from the order.

4

References in this section to the coming into force of a police area alteration order are references to the changes in police areas made by the order taking effect.

I496 C6573Computation of time and timing of elections etc

1

Subsection (2) applies where the day, or the last day, on which anything is required or permitted to be done by or under section 50, 51 or 70 is not a business day.

2

The requirement or permission is deemed to relate instead to the first business day after that day.

3

Where under subsection (2) the day of an election is postponed, the day to which it is postponed is to be treated as the day of election for the purpose of—

a

any provision of, or made under, this Act, or

b

any relevant provision (within the meaning of section 58).

4

Any day which is not a business day is to be disregarded in computing any period of time for the purpose of section 51.

5

In this section, “business day” means a day other than—

a Saturday,
a Sunday,
Christmas Eve,
Christmas Day,
Good Friday,
a bank holiday, or
a day appointed for public thanksgiving or mourning.

I497 C6574Elections: consequential amendments

Schedule 10 (consequential amendments relating to elections of persons as police and crime commissioners) has effect.

I498 C6575The appropriate officer

C201

For each police area, other than the metropolitan police district, the Secretary of State F214... must by order designate a local authority.

2

In this Chapter, the “appropriate officer”, F219means—

a

in relation to a police area in England, the head of paid service of the local authority designated for that police area;

b

in relation to a police area in Wales, the chief executive of the local authority designated for that police area.

3

In this section—

F217“chief executive” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;
“local authority” means—
1. a
  a district council,
2. b
  a county council in England for a county in which there are no district councils,
3. c
  the Council of the Isles of Scilly,
4. d
  a county council or county borough council in Wales;
“head of paid service”, in relation to a council F218in England, means the person designated by the council under section 4(1)(a) of the Local Government Act 1989.

I49976Interpretation of Chapter 6

In this Chapter, the following terms have the following meanings, unless the context otherwise requires—

“appropriate officer” has the meaning given by section 75;
“elector”—
1. a
  in relation to an election of a police and crime commissioner, means a person entitled to vote at the election;
2. b
  in relation to a local government election, has the same meaning as in the Representation of the People Act 1983 (see section 202 of that Act);
“electoral area” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);
“local government election” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);
“local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
“ordinary election” has the meaning given in section 50;
“police area returning officer” has the meaning given by section 54.

CHAPTER 7Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities

I50077The strategic policing requirement

1

For section 37A of the Police Act 1996 (setting of strategic priorities for police authorities), substitute—

37AThe strategic policing requirement
1
The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—
a
national threats at the time the document is issued, and
b
appropriate national policing capabilities to counter those national threats.
2
A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.
3
Before issuing the strategic policing requirement, the Secretary of State—
a
must obtain the advice of—
i
such persons as appear to the Secretary of State to represent the views of chief officers of police, and
ii
such persons as appear to the Secretary of State to represent the views of local policing bodies, and
b
must consult such other persons as the Secretary of State thinks fit.
4
The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).
5
References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—
a
to exercise one or more functions to counter that threat,
b
to exercise one or more functions in one or more particular ways to counter that threat, or
c
to exercise one or more functions in accordance with common operational standards to counter that threat.
6
In this section—
“England and Wales police force” means—
a
a police force maintained under section 2,
b
the metropolitan police force, and
c
the City of London police force;
“national threat” means a threat (whether actual or prospective) which is—
a
a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or
b
a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.

Duties and powers of Secretary of State

I1278General duty of Secretary of State

The Secretary of State must exercise the powers conferred by this Part in such manner and to such extent as appears to the Secretary of State to be best calculated to promote the efficiency and effectiveness of the police.

79Policing protocol

I21

The Secretary of State must issue a policing protocol.

I91 I6302

Each relevant person must have regard to the policing protocol in exercising the person's functions.

I23

the Secretary of State makes such a request, and

b

the representative body gives the advice (and, where applicable, does so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that function.

5

In this section “representative body” means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.

81Abolition of certain powers of Secretary of State

In the Police Act 1996, omit—

I631a

section 38 (performance targets for police strategic priorities);

I461b

section 39 (codes of practice for police authorities);

I461c

section 43 (reports from police authorities to Secretary of State).

82Suspension and removal of senior police officers

I44 I921

The Police Act 1996 is amended as follows.

I922

Section 42 (removal of chief constables etc) is amended in accordance with subsections (3) to (11).

I923

For the title substitute “ Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner ”.

I924

For subsections (1) to (1B) substitute—

1
The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.
1A
The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.

I925

In subsection (2), for the words before paragraph (a) substitute—

2
Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—

I926

In subsection (2A), for the words from “notice” (in the second place) to the end substitute “ notice to the Mayor's Office for Policing and Crime. ”.

I927

In subsection (3A)—

a

in paragraph (a), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”;

b

in paragraph (b), for the words from “Metropolitan” to “concerned” substitute “ Mayor's Office for Policing and Crime ”.

I928

In subsection (3B), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”.

I929

In subsection (4), for the words from “, the Deputy” to “constable” substitute “ or Deputy Commissioner ”.

I9210

For subsection (4A) substitute—

4A
If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—
a
the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and
b
section 48(5) of the 2011 Act does not apply.

I9211

Omit subsection (4C).

I4412

In section 50 (regulations for police forces), after subsection (2) insert—

2A
Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—
a
powers of suspension, or
b
powers of removal,
(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).
2B
In subsection (2A)—
“power of removal” means—
a
the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;
b
the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;
“power of suspension” means—
a
the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;
b
the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;
and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.

Her Majesty's inspectors of constabulary

83Functions of HMIC

I931

Section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary) is amended as follows.

I932

In subsection (2) omit “to the Secretary of State”.

I6323

Omit subsection (2A).

I934

After subsection (2B) insert—

2BA
The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
2BB
Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.

I935

Omit subsection (2C).

I936

In subsection (4)—

a

for “in such form as the Secretary of State may direct” substitute “ on the carrying out of inspections under this section ”, and

b

for “Secretary of State” (in the third place) substitute “ chief inspector ”.

I937

After subsection (4) insert—

4A
A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.

I9484HMIC reports: publication

1

Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

2

For subsection (1) substitute—

1
The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.

3

For subsection (2) substitute—

2
But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—
a
would be against the interests of national security, or
b
might jeopardise the safety of any person.
2A
The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).

4

For subsection (3) substitute—

3
The inspectors of constabulary must send a copy of the published report to—
a
the Secretary of State,
b
the local policing body maintaining the police force to which the report relates,
c
the chief officer of police of that police force, and
d
any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.

5

In subsection (4)—

a

for “police authority” substitute “ local policing body ”, and

b

for “authority” substitute “ body ”.

6

In subsection (5)—

a

for “police authority” substitute “ local policing body ”, and

b

in paragraph (c) and in the words following that paragraph, for “authority” substitute “ body ”.

7

In subsection (6) for “police authority” substitute “ local policing body ”.

8

Omit subsection (8).

I9585Inspection programmes and frameworks

1

Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about HMIC) is amended as follows.

2

In sub-paragraph (1) omit “, or at such times as the Secretary of State may specify by order,”.

3

In sub-paragraph (2) for “each of those persons or bodies” substitute “ the Secretary of State ”.

4

After sub-paragraph (2) insert—

2A
The chief inspector of constabulary must—
a
lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,
b
arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and
c
send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).
2B
But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).

5

In sub-paragraph (3)—

a

before “to send” insert “ under sub-paragraph (2A)(c) ”, and

b

for “that sub-paragraph” substitute “ sub-paragraph (2) ”.

6

Omit sub-paragraph (4).

7

Before sub-paragraph (5) insert—

4A
The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.
4B
Those matters may (in particular) include the need to secure, so far as possible, the following objectives—
a
that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and
b
that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.
4C
For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.

F15286Powers in connection with HMIC inspections

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I9687HMIC and freedom of information

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.”.

Community safety partnerships

I97 I63388Crime and disorder strategies

Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and Disorder Act 1998 in relation to the formulation and implementation of crime and disorder strategies) has effect.

Policing in England and Wales

I9889Collaboration agreements

1

The Police Act 1996 is amended in accordance with subsections (2) and (3).

2

After section 22 insert—

22ACollaboration agreements
1
A collaboration agreement may be made by—
a
two or more policing bodies; or
b
the chief officers of police of one or more police forces and two or more policing bodies.
2
A collaboration agreement is an agreement containing one or more of the following—
a
provision about the discharge of functions of members of a police force (“force collaboration provision”);
b
provision about support by a policing body for another policing body (“policing body collaboration provision”);
c
provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).
3
A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—
a
the chief officer of police of each police force to which the provision relates, and
b
the policing body that is responsible for maintaining each such police force.
4
A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.
5
A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—
a
the policing body, or each policing body, to which the provision relates;
b
the chief officer of police of the police force, or each police force, to which the provision relates; and
c
the policing body that is responsible for maintaining each such police force.
6
Subsection (1) does not prevent other persons from being parties to collaboration agreements.
7
Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.
8
For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—
a
to functions of a kind which are or may be exercisable by members of that police force, or
b
to the police area for which that police force is established.
9
For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—
a
to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or
b
to the police area for which that policing body is established.
22BDuty of chief officers to keep collaboration agreements under review
1
The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—
a
that police force, and
b
one or more other police forces.
2
If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.
3
The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.
4
In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.
5
Subsection (6) applies if all, or two or more, of—
a
the chief officer, and
b
the notified proposed partners,
(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).
6
The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.
7
In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).
22CDuty of policing bodies to keep collaboration agreements under review
1
A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—
a
the efficiency or effectiveness of—
i
that policing body,
ii
the police force which that policing body is responsible for maintaining, or
iii
that body and that force, and
b
the efficiency or effectiveness of one or more other policing bodies and police forces.
2
If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.
3
The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.
4
In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.
5
Subsection (6) applies if all, or two or more, of—
a
the policing body, and
b
the notified proposed partners,
(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).
6
The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.
7
In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).

3

After section 23F insert—

23FA Police functions that must be the subject of force collaboration provision
1
The Secretary of State may, by order, require a specified police function to be exercised in relation to—
a
all police areas, or
b
all police areas apart from any specified in the order,
in accordance with police collaboration provision.
2
An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—
a
a single collaboration agreement which relates to all of those police areas, or
b
a number of collaboration agreements which, between them, relate to all of those police areas.
3
Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.
4
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5
If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
6
In this section “specified” means specified in an order under this section.

4

Schedule 12 (collaboration agreements) has effect.

I9990Police powers for civilian employees under collaboration agreements

Schedule 13 (police powers for civilian employees under collaboration agreements) has effect.

I10091Power to give directions

1

The Police Act 1996 is amended as follows.

2

In section 40 (powers to give directions in relation to police force), for “police authority” (in each place) substitute “ local policing body ”.

3

In section 40A (powers to give directions in relation to police authority)—

a

for “police authority” (in each place, including in the title) substitute “ local policing body ”;

b

for “the authority” substitute “ the local policing body ”.

4

In section 40B (procedure for directions under section 40 or 40A)—

a

for subsection (2)(a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;

b

in subsection (5), for “police authority” substitute “ local policing body ”.

I10192Provision of information by chief officers of police

In the Police Act 1996, for section 44 (reports from chief constables) and section 45 (criminal statistics) substitute—

44Provision of information by chief officers of police
1
The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—
a
the policing of the police area for which that police force is maintained, or
b
the discharge of the national or international functions of that police force.
2
A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—
a
the policing of that police area, or
b
the discharge of the national or international functions of the police force for that area.
3
A requirement under subsection (1) may specify the form in which information is to be provided.
4
The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).
5
The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.

I10293Regulations about provision of equipment

1

Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

2

In the title, after “standard” insert “ and provision ”.

3

After subsection (1A) insert—

1AA
The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.
1AB
The regulations may, in particular—
a
make provision about the nature or terms of such arrangements, or
b
prescribe arrangements which may be, or must be, used.

4

In subsection (1B), after “subsection (1A)” insert “ or (1AA) ”.

5

In subsection (2), for paragraph (a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;

I10394National and international functions

1

Section 96A of the Police Act 1996 (national and international functions of the metropolitan police) is amended in accordance with subsections (2) to (6).

2

In the title, after “police” insert “ force and other police forces ”.

3

For subsection (1) substitute—

1
The Secretary of State and the Mayor's Office for Policing and Crime 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.
1A
The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions.
1B
The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions.

4

In subsection (2)—

a

for “the metropolitan police force” substitute “ a police force ”;

b

for “Metropolitan Police Authority” substitute “ local policing body ”.

5

In subsection (3), for “The Metropolitan Police Authority” substitute “ A local policing body ”.

6

Omit subsection (4).

7

Omit section 96B of the Police Act 1996 (national and international functions: application of requirements relating to reports etc).

Police: complaints

I14 I104 I63495Police: complaints

Schedule 14 (police: complaints) has effect.

CHAPTER 8Miscellaneous provisions

I105 I63596Interpretation of Police Act 1996

1

Section 101 of the Police Act 1996 (interpretation) is amended as follows.

2

In subsection (1)—

a

after the definition of “City of London police area” insert—

“Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area;
“elected local policing body” means—
a
a police and crime commissioner;
b
the Mayor's Office for Policing and Crime;
“local policing body” means—
a
a police and crime commissioner (in relation to a police area listed in Schedule 1);
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);
“Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;

b

after the definition of “metropolitan police district” insert—

“national or international functions” means functions relating to—
a
the protection of prominent persons or their residences,
b
national security,
c
counter-terrorism, or
d
the provision of services for any other national or international purpose;
“police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;

c

omit the definition of “police authority”;

d

in the definition of “police force”, for “police authority” substitute “ local policing body ”;

e

in the definition of “police fund”, for paragraph (a) substitute—

a
in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011;

3

After subsection (2) insert—

3
References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.

97Amendments of the Interpretation Act 1978

I1061

Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is amended as follows.

I1062

After the entry for “Local land charges register” insert—

“Local policing body” has the meaning given by section 101(1) of the Police Act 1996.

I6363

After the entry for “Person” insert—

“Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.

I1064

In the entry that begins “Police area”, omit “, police authority”.

I1065

After the entry that begins “Police Area” insert—

“Police authority”, in relation to Scotland, has the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967.

I3 I107 I63798Police reform: transitional provision

Schedule 15 (police reform: transitional provision) has effect.

I108 I63899Police reform: minor and consequential amendments

Schedule 16 (police reform: minor and consequential amendments) has effect.

I109100Guidance

Any guidance under this Part—

a

must be in writing;

b

may be varied or revoked by further guidance;

c

may be given to one or more particular persons, or generally;

d

may make provision generally or in relation to specific cases; and

e

may make different provision for different cases.

I110101Crime and disorder reduction

1

A reference to crime and disorder reduction is a reference to—

a

reduction of crime and disorder (including anti-social and other behaviour adversely affecting the local environment),

b

combating the misuse of drugs, alcohol and other substances, and

c

reduction of re-offending.

2

In this section “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.

3

This section applies for the purposes of this Part.

102Interpretation of Part 1

I1111

In this Part (unless otherwise specified)—

“chief executive” means—
1. a
  in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;
2. b
  in relation to the Mayor's Office for Policing and Crime, the chief executive appointed by the Office under Schedule 3;
“chief finance officer” means—
1. a
  in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1;
2. b
  in relation to the chief constable of a police force to which Chapter 1 applies, the chief finance officer appointed by the chief constable under Schedule 2;
3. c
  in relation to the Mayor's Office for Policing and Crime, the chief finance officer appointed by the Office under Schedule 3;
4. d
  in relation to the Commissioner of Police of the Metropolis, the chief finance officer appointed by the Commissioner under Schedule 4;
“chief officer of police” means—
1. a
  in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force;
2. b
  in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;
“crime and disorder reduction” has the meaning given in section 101;
“elected local policing body” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area;
2. b
  in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;
“national or international functions” means functions relating to—
1. a
  the protection of prominent persons or their residences,
2. b
  national security,
3. c
  counter-terrorism, or
4. d
  the provision of services for any other national or international purpose;
F175“overseas elector's declaration” has the meaning given by section 2 of the Representation of the People Act 1985;
“police and crime panel” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime panel referred to in subsection (1) of section 28;
2. b
  in relation to the metropolitan police district, the committee established under section 32;
“police and crime plan” has the meaning given in section 7;
“police area” means—
1. a
  a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and
2. b
  the metropolitan police district;
“relevant chief officer of police”, in relation to—
1. a
  a police area,
2. b
  the police force for a police area,
3. c
  the elected local policing body for a police area, or
4. d
  the police and crime panel for a police area,
means the chief officer of police of the police force for that area;
F175“relevant citizen of the Union” has the meaning given by section 202(1) of the Representation of the People Act 1983;
“relevant elected local policing body”, in relation to—
1. a
  a police area,
2. b
  the police force for a police area,
3. c
  the chief officer of police of the police force for a police area, or
4. d
  the police and crime panel for a police area,
means the elected local policing body for that area;
“relevant police and crime panel”, in relation to—
1. a
  a police area,
2. b
  the police force for a police area,
3. c
  the chief officer of police of the police force for a police area, or
4. d
  the elected local policing body for a police area,
means the police and crime panel for that area;
“relevant police force”, in relation to—
1. a
  a police area,
2. b
  a chief officer of police of the police force for a police area,
3. c
  the elected local policing body for a police area, or
4. d
  the police and crime panel for a police area,
means the police force for that area.

I6392

References in this Part to a police and crime commissioner's area are references to the police area for which the commissioner is established.

I639 C663

References in this Part to a police and crime commissioner's staff are references to the following persons appointed under Schedule 1—

a

the commissioner's chief executive;

b

the commissioner's chief finance officer; and

c

Part 2Licensing

CHAPTER 1Amendments of the Licensing Act 2003

Responsible authorities

b

notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.

I502104Primary Care Trusts and Local Health Boards as responsible authorities

1

The Licensing Act 2003 is amended as set out in subsections (2) to (4).

2

In section 5(3) (statement of licensing policy), after paragraph (b) insert—

ba
each Primary Care Trust or Local Health Board for an area any part of which is in the licensing authority's area,

3

In section 13(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—

ba
the Primary Care Trust or Local Health Board for any area in which the premises are situated,

4

In section 69(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—

ba
the Primary Care Trust or Local Health Board for any area in which the premises are situated,

aa
require the relevant licensing authority to advertise the application within the prescribed period—
i
in the prescribed form, and
ii
in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and

b
subsection (6)(c) were omitted.

I5049

In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 3”.

I50410

In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (1).

I50411

The amendments made by this section apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

in subsection (10)(c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”, and

e

in subsection (14), for “ “interested party” and “responsible authority” have” substitute “ “responsible authority” has”.

I5067

The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.

107Club premises certificates: who may make relevant representations

I465 I5071

The Licensing Act 2003 is amended as set out in subsections (2) to (7).

I5082

In section 69 (authorised persons, interested parties and responsible authorities)—

a

in the title, omit “, interested parties”,

b

in subsection (1), omit “ “interested party”,”, and

c

omit subsection (3).

I465 I5073

In section 71(6) (application for club premises certificate)—

a

in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,

b

after paragraph (a) insert—

aa
require the relevant licensing authority to advertise the application within the prescribed period—
i
in the prescribed form, and
ii
in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and

c

in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.

I5084

In section 72(8) (determination of application for club premises certificate)—

a

in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

b

in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

I5085

In section 85(6) (determination of application to vary club premises certificate)—

a

in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

b

in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

I5086

In section 86B(2)(b)(ii) (determination of application for minor variation of club premises certificate), for “an interested party” substitute “ any other person ”.

I5087

In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 4”.

I5088

In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (2).

I5089

The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

108Club premises certificates: who may apply for review

I466 I5091

The Licensing Act 2003 is amended as set out in subsections (2) to (4).

I5102

In section 87 (application for review of club premises certificate), for subsection (1) substitute—

1
Where a club holds a club premises certificate, a responsible authority or any other person may apply to the relevant licensing authority for a review of the certificate.

13

In section 53C(2)(b) (review of premises licence following review notice), for “necessary” substitute “ appropriate ”.

14

In section 177(5) (dancing and live music in certain small premises), for “necessary” substitute “ appropriate ”.

15

The amendments made by this section (other than subsection (10)) apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

16

The amendment made by subsection (10) of this section applies in relation to interim authority notices that are given on or after the commencement of this section.

I512110Reducing the burden: club premises certificates

1

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

2

In section 72 (determination of application for club premises certificate)—

a

in subsection (3)(b), for “necessary” substitute “ appropriate ”, and

b

in subsection (4)(a)(i), for “necessary” substitute “ appropriate ”.

3

In section 76(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.

4

In section 85(3)(b) (determination of application to vary club premises certificate), for “necessary” substitute “ appropriate ”.

5

In section 88(3) (determination of application for review of club premises certificate), for “necessary” substitute “ appropriate ”.

6

The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

I513111Reducing the burden: other situations

1

The Licensing Act 2003 is amended as set out in subsections (2) to (6).

2

In section 105(2)(b) (counter notice following police objection), for “necessary” substitute “ appropriate ”.

F1483

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1495

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 167(5)(b) (review of premises licence following closure order), for “necessary” substitute “ appropriate ”.

7

The amendment made by subsection (2) of this section applies in relation to temporary event notices that are given on or after the commencement of this section.

8

The amendments made by subsections (3) to (5) of this section apply in relation to applications relating to personal licences that are made on or after the commencement of this section.

9

The amendment made by subsection (6) of this section applies in relation to notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.

Temporary event notices

I514112Temporary event notices: who may make an objection

1

The Licensing Act 2003 is amended as set out in subsections (2) to (13).

2

After section 99, insert—

99AMeaning of “relevant person”
In this Part references to a “relevant person”, in relation to any premises, are references to the following—
a
the chief officer of police for any police area in which the premises are situated,
b
the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.

3

In the cross-heading before section 104, for “Police objections” substitute “ Objections ”.

4

In the title to section 104 (objection to notice), for “the police” substitute “ a relevant person ”.

5

In section 104 (objection to notice), for subsection (2) substitute—

2
Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—
a
to the relevant licensing authority,
b
to the premises user, and
c
to every other relevant person.

6

In section 104(3) (timing for objection), for “chief officer of police” substitute “ relevant person ”.

7

In section 104(4) (timing for objection), for “relevant chief officer of police” substitute “ relevant person ”.

8

Omit section 104(5) (definition of “relevant chief officer of police”).

9

In section 105 (counter notice following objection)—

a

in the title, omit “police”,

b

in subsection (2)(a), for “chief officer of police” substitute “ relevant person ”,

c

in subsection (2)(b), for “the crime prevention objective” substitute “ a licensing objective ”,

d

in subsection (3)(a), for “the relevant chief officer of police” substitute “ each relevant person ”, and

e

in subsection (3)(b)(ii), for “the relevant chief officer of police” substitute “ each relevant person ”.

10

In section 106 (modification of notice following objection)—

a

in the title, omit “police”,

b

in subsection (1), for “chief officer of police” substitute “ relevant person ”,

c

in subsection (2)—

i

for “chief officer of police” substitute “ relevant person ”, and

ii

after “of the premises user” insert “ and each other relevant person ”,

d

in subsection (4), for “chief officer of police” substitute “ relevant person ”, and

e

omit subsection (5).

11

In section 107(11) (counter notice where permitted limits exceeded), for the words following “that notice” substitute “ to each relevant person ”.

12

In section 194 (index of defined expressions), after the entry for the expression “relevant offence” insert—

relevant person, in Part 5
section 99A

13

In Schedule 5 (appeals)—

a

in paragraph 16(1)(b), for “chief officer of police” substitute “ relevant person ”,

b

in paragraph 16(3), for “chief officer of police” substitute “ relevant person ”,

c

in paragraph 16(8), in the definition of “objection notice”, omit “and”,

d

in paragraph 16(8), at the end of the definition of “relevant licensing authority” insert

; and
relevant person” has the meaning given in section 99A.

14

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

113Temporary event notices: conditions

I467 I5151

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

I5162

In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a) substitute—

a
it is carried out in accordance with—
i
a notice given in accordance with section 100, and
ii
any conditions imposed under section 106A, and

I467 I5153

After section 106 insert—

106AConditions on standard temporary event notice following objection
1
This section applies where—
a
a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,
b
the objection notice has not been withdrawn, and
c
the relevant licensing authority has decided under section 105 not to give a counter notice under that section.
2
The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—
a
the authority considers it appropriate for the promotion of the licensing objectives to do so,
b
the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and
c
the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.
3
Where the authority decides to impose one or more conditions under subsection (2)—
a
the authority must give the premises user notice of the decision,
b
the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and
c
a copy of the notice and statement of conditions must be given to each relevant party.
4
The notice and statement of conditions under subsection (3) must—
a
be in the prescribed form,
b
be given to the premises user in the prescribed manner, and
c
be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.
5
Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.

I5164

In section 109 (duty to keep and produce temporary event notice)—

a

in the title, after “notice” insert “ and statement of conditions ”,

b

in subsection (2)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,

c

in subsection (3)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,

d

in subsection (3)(b), for “notice is” substitute “ notice and any statement of conditions are ”,

e

in subsection (5)(a), after “notice” insert “ or any statement of conditions ”,

f

in subsection (5), after “produce the temporary event notice” insert “ or statement of conditions ”,

g

in subsection (6), after “produce the temporary event notice” insert “ or statement of conditions ”, and

h

in subsection (8), after “notice” insert “ or statement of conditions ”.

I5165

In section 110 (theft, loss, etc. of temporary event notice)—

a

in the title, after “notice” insert “ or statement of conditions ”,

b

after subsection (1) insert—

1A
Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.

c

in subsection (4), after “copy of the notice” insert “ or statement ”,

d

in subsection (4)(a), after “notice” insert “ or statement ”,

e

in subsection (5), after “notice” insert “ or statement ”, and

f

in subsection (6), after “notice” insert “ or statement ”.

I5166

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

114Temporary event notices: late notices

I468 I5171

The Licensing Act 2003 is amended as set out in subsections (2) to (12).

I5182

In section 98(2) (meaning of “permitted temporary activity”), for “sections 102 (acknowledgement of notice) and 104(1) (notification of police)” substitute “ section 102 (acknowledgement of notice) ”.

I5183

In section 100 (temporary event notice)—

a

in subsection (7), for paragraph (a) substitute—

a
must be given in accordance with section 100A, and”, and

b

in subsection (7)(b), after “fee” insert “ when it is given by the premises user to the relevant licensing authority. ”.

I5184

After section 100 insert—

100AStandard and late temporary event notices
1
For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—
a
subsection (2), in which case the notice is a “standard temporary event notice”, or
b
subsection (3), in which case the notice is a “late temporary event notice”.
2
A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—
a
it is given to the relevant licensing authority by means of a relevant electronic facility, or
b
it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.
3
A temporary event notice is given in accordance with this subsection if—
a
it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or
b
both of the following are satisfied—
i
it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;
ii
it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.
4
Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—
a
the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and
b
for the purposes of this Act, the copy is to be treated as if it were the original notice.
5
In this section “event period” in relation to a temporary event notice means the event period specified in the notice.

I5185

In section 102 (acknowledgement of notice), for subsection (3) substitute—

3
Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—
a
where the counter notice is in respect of a late temporary event notice, section 104A, or
b
where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.

I5186

In section 104 (objection to notice)—

a

omit subsections (1) and (1A), and

b

in subsection (3), for “a copy of the temporary event notice under subsection (1) or (1A)” substitute “ the temporary event notice ”.

I468 I5177

After section 104 insert—

104ACounter notice following objection to late notice
1
Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.
2
The counter notice must—
a
be in the prescribed form, and
b
be given to the premises user in the prescribed manner.
3
The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—
a
give the counter notice to the premises user, and
b
give a copy of the counter notice to each relevant person.

I5188

In section 105 (counter notice following objection)—

a

in the title, after “objection” insert “ to standard temporary event notice ”,

b

in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and

c

omit subsection (7).

I5189

In section 106(1) (modification of notice following objection)—

a

in the title, for “notice” substitute “ standard temporary event notice ”,

b

in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and

c

in subsection (2), for “the notice returned to the premises user under section 102” substitute “ it ”.

I51810

In section 107 (counter notice where permitted limits exceeded)—

a

in subsection (2), for paragraph (b) substitute—

b
has already given at least—
i
50 temporary event notices, or
ii
ten late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.”, and

b

in subsection (3), for paragraph (b) substitute—

b
has already given at least—
i
five temporary event notices, or
ii
two late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.

I51811

In section 194 (index of defined expressions)—

a

after the entry for the expression “late night refreshment” insert—

late temporary event notice
section 100A(1)(b)

b

after the entry for the expression “secretary, in Part 4” insert—

standard temporary event notice
section 100A(1)(a)

I51812

In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “ standard ”.

I51813

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

115Relaxation of time limits applying to temporary event notices

I469 I5191

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

I469 I5192

In section 100 (temporary event notice)—

a

in subsection (1), for “96 hours” substitute “ 168 hours ”, and

b

in subsection (5)(b), for “96 hours” substitute “ 168 hours ”.

I5203

In section 107(5) (counter notice where permitted limits exceeded), for “15 days” substitute “ 21 days ”.

I5204

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

I521116Temporary event notices: acknowledgment of notice

1

In section 102 of the Licensing Act 2003 (acknowledgement of notice)—

a

in subsection (1), for “(in duplicate) in accordance with this Part, it must acknowledge receipt of the notice by sending or delivering one notice” substitute “ in accordance with this Part, it must give written acknowledgement of the receipt of the notice ”, and

b

omit subsection (2).

2

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

I522117Temporary event notice: time for objection to notice

1

In section 104(3) of the Licensing Act 2003 (objection to temporary event notice by police), for “second” substitute “ third ”.

2

The amendment made by this section applies in relation to temporary event notices that are given on or after the commencement of this section.

Underage sales

118Persistently selling alcohol to children

I470 I5231

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

F41 I5242

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I470 I5233

In section 169A (closure notice for persistently selling alcohol to children)—

a

in subsection (2)(a), for “for a period not exceeding 48 hours” substitute “ , for the period specified in the notice, ”, and

b

in subsection (4), for “not more than 48 hours” substitute “ at least 48 hours but not more than 336 hours ”.

I5244

The amendment made by subsection (2) of this section applies in relation to offences that are committed on or after the commencement of that subsection.

I5245

The amendments made by subsection (3) of this section apply in relation to closure notices that are given on or after the commencement of that subsection in relation to offences committed before, on or after that commencement.

Early morning alcohol restriction orders

I583119Early morning alcohol restriction orders

1

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

2

In section 7 (exercise and delegation of functions), in subsection (2), after paragraph (a) (but before the final “or”) insert—

aa
the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order),

3

For sections 172A to 172E (early morning alcohol restriction order), as inserted by section 55 of the Crime and Security Act 2010, substitute—

172APower to make early morning alcohol restriction order
1
If a licensing authority considers it appropriate for the promotion of the licensing objectives, it may, subject as follows, make an order under this section.
2
An order under this section is an order providing that—
a
premises licences and club premises certificates granted by the authority, and temporary event notices given to the authority, do not have effect to the extent that they authorise the sale of alcohol during the period specified in the order, and
b
club premises certificates granted by the authority do not have effect to the extent that they authorise the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club during the period specified in the order.
3
For the purposes of subsection (2)(a) and (b), the period that may be specified in the order must—
a
begin no earlier than midnight, and
b
end no later than 6am.
4
It is immaterial for the purposes of an order under this section whether a premises licence or club premises certificate is granted, or a temporary event notice is given, before or after the order is made.
5
An order under this section may provide that it is to apply—
a
in relation to the same period of every day on which the order is to apply, or in relation to different periods of different days,
b
every day or only on particular days (for example, particular days of the week or year),
c
in relation to the whole or part of a licensing authority's area, or
d
for a limited or unlimited period.
6
An order under this section must specify—
a
the days on which it is to apply and the period of those days,
b
the area in relation to which it is to apply,
c
if it is to apply for a limited period, that period, and
d
the date from which it is to apply.
7
An order under this section must—
a
be in the prescribed form, and
b
have the prescribed content.
172BProcedural requirements for early morning alcohol restriction order
1
A licensing authority proposing to make an order under section 172A must—
a
advertise the proposed order in the prescribed manner, and
b
hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.
2
In this section “relevant representations” means representations which—
a
are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,
b
are made to the licensing authority by an affected person, a responsible authority or any other person,
c
are made in the prescribed form and manner and within the prescribed period,
d
have not been withdrawn, and
e
in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious.
3
In subsection (2)(b), “affected person” means—
a
the holder of the premises licence or club premises certificate in respect of affected premises,
b
the premises user in relation to a temporary event notice in respect of affected premises,
c
a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and
d
a person to whom a provisional statement has been issued in respect of affected premises.
4
In subsection (2)(b) and (e), “responsible authority” means—
a
the licensing authority and any other licensing authority in whose area part of any affected premises is situated,
b
the chief officer of police for a police area any part of which is in the area specified in the order,
c
the fire and rescue authority for an area any part of which is in the area specified in the order,
d
the Primary Care Trust or Local Health Board for an area any part of which is in the area specified in the order,
e
the local weights and measures authority for any such area,
f
the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,
g
the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,
h
the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,
i
a body which—
i
represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and
ii
is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,
j
where affected premises are a vessel—
i
a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,
ii
the Environment Agency,
iii
F4Canal & River Trust , and
iv
the Secretary of State, and
k
a prescribed person.
5
Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.
6
In this section—
“affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;
“statutory function” means a function conferred by or under an enactment.
172CMaking of early morning alcohol restriction order
1
A licensing authority may not make an order under section 172A applying in relation to—
a
an area not specified in the proposed order advertised under section 172B,
b
a day not specified in that proposed order, or
c
a period other than the period specified in that proposed order of any day so specified.
2
After making an order under section 172A a licensing authority must publish it or otherwise make it available—
a
in the prescribed form and manner, and
b
within the prescribed period.
172DVariation and revocation of early morning alcohol restriction order
1
A licensing authority may vary or revoke an order under section 172A.
2
Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.
172EExceptions from effect of early morning alcohol restriction order
1
An order under section 172A does not apply in prescribed cases or circumstances.
2
The cases referred to in subsection (1) may in particular be defined by reference to—
a
particular kinds of premises, or
b
particular days.
3
An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.

4

Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply of alcohol) is repealed.

Fees

I525120Suspension of licence or certificate for failing to pay annual fee

1

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

2

In section 26(2) (period of validity of premises licence), after “section 52” insert “ or 55A ”.

3

After section 55 (annual fee for premises licence) insert—

55ASuspension of premises licence for failing to pay annual fee
1
A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).
2
Subsection (1) does not apply if—
a
either—
i
the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or
ii
before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and
b
the grace period for payment of the fee has not expired (see subsection (8)).
3
If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.
4
A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.
5
If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.
6
The acknowledgement of receipt under subsection (5) must—
a
specify the day the authority received the fee (the “receipt day”), and
b
be given to the holder as soon as is reasonably practicable but in any event—
i
if the receipt day was a working day, before the end of the first working day after the receipt day,
ii
otherwise, before the end of the second working day after the receipt day.
7
A suspension of a premises licence under subsection (1)—
a
takes effect on the day specified in the notice under subsection (3), and
b
ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).
8
In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

4

In section 80(2) (period of validity of club premises certificate), after “section 88” insert “ or 92A ”.

5

After section 92 (annual fee for club premises certificate) insert—

92ASuspension of club premises certificate for failing to pay annual fee
1
A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).
2
Subsection (1) does not apply if—
a
either—
i
the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or
ii
before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and
b
the grace period for payment of the fee has not expired (see subsection (8)).
3
If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.
4
A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.
5
If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.
6
The acknowledgement of receipt under subsection (5) must—
a
specify the day the authority received the fee (the “receipt day”), and
b
be given to the holder as soon as is reasonably practicable but in any event—
i
if the receipt day was a working day, before the end of the first working day after the receipt day,
ii
otherwise, before the end of the second working day after the receipt day.
7
A suspension of a club premises certificate under subsection (1)—
a
takes effect on the day specified in the notice under subsection (3), and
b
ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).
8
In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

6

The amendments made by this section apply in relation to premises licences and club premises certificates in relation to which annual fees become due on or after the commencement of this section.

121Power for licensing authorities to set fees

1

The Licensing Act 2003 is amended as follows.

2

After section 197 insert—

197ARegulations about fees
1
Subsection (2) applies where the Secretary of State makes regulations under this Act prescribing the amount of any fee.
2
The Secretary of State may, in determining the amount of the fee, have regard, in particular, to—
a
the costs of any licensing authority to whom the fee is to be payable which are referable to the discharge of the function to which the fee relates, and
b
the general costs of any such licensing authority;
and may determine an amount by reference to fees payable to, and costs of, any such licensing authorities, taken together.
3
A power under this Act to prescribe the amount of a fee includes power to provide that the amount of the fee is to be determined by the licensing authority to whom it is to be payable.
4
Regulations which so provide may also specify constraints on the licensing authority's power to determine the amount of the fee.
5
Subsections (6) and (7)—
a
apply where, by virtue of subsection (3), regulations provide that the amount of a fee is to be determined by a licensing authority, and
b
are subject to any constraint imposed under subsection (4).
6
The licensing authority—
a
must determine the amount of the fee (and may from time to time determine a revised amount),
b
may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases), and
c
must publish the amount of the fee as determined from time to time.
7
In determining the amount of the fee, the licensing authority must seek to secure that the income from fees of that kind will equate, as nearly as possible, to the aggregate of—
a
the licensing authority's costs referable to the discharge of the function to which the fee relates, and
b
a reasonable share of the licensing authority's general costs;
and must assess income and costs for this purpose in such manner as it considers appropriate.
197BRegulations about fees: supplementary provision
1
Subsections (2) and (3) apply for the purposes of section 197A.
2
References to a licensing authority's costs referable to the discharge of a function include, in particular—
a
administrative costs of the licensing authority so far as they are referable to the discharge of the function, and
b
costs in connection with the discharge of the function which are incurred by the licensing authority acting—
i
under this Act, but
ii
in a capacity other than that of licensing authority (whether that of local authority, local planning authority or any other authority).
3
References to the general costs of a licensing authority are to costs of the authority so far as they are referable to the discharge of functions under this Act in respect of which no fee is otherwise chargeable and include, in particular—
a
costs referable to the authority's functions under section 5;
b
costs of or incurred in connection with the monitoring and enforcement of Parts 7 and 8 of this Act;
c
costs incurred in exercising functions conferred by virtue of section 197A.
4
To the extent that they prescribe the amount of a fee or include provision made by virtue of section 197A(3) or (4), regulations may—
a
make provision which applies generally or only to specified authorities or descriptions of authority, and
b
make different provision for different authorities or descriptions of authority.
5
Subsection (4) is not to be taken to limit the generality of section 197.

3

In section 10(4) (sub-delegation of functions by licensing committee etc)—

a

omit “or” at the end of paragraph (c), and

b

after paragraph (d) insert

or
e
any function conferred by virtue of section 197A (regulations about fees).

Miscellaneous

I526122Licensing policy statements

1

Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).

2

In subsection (1)—

a

for “three” substitute “ five ”, and

b

in paragraph (b) omit “(a “licensing statement”)”.

3

Omit subsection (2).

4

In subsection (3), for “three” substitute “ five ”.

5

In subsection (4)—

a

for “three” substitute “ five ”, and

b

after “policy” insert “ in respect of that period ”.

6

After subsection (6) insert—

6A
Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—
a
determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and
b
publishing a statement of that policy before that date.
6B
Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).
6C
A licensing statement must specify the five year period to which it relates.

7

After subsection (7) insert—

8
In this section—
“five year period”, in relation to a licensing authority, means—
a
if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or
b
if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;
“licensing statement” means a statement published under subsection (1)(b) or (6A)(b).

8

Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—

a

it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and

b

it specified the five year period to which it relates.

I527123Personal licences: relevant offences

1

Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as set out in subsections (2) to (4).

2

In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) insert—

d
section 6(6) (failing to co-operate with a preliminary test).

3

The second paragraph 22 is renumbered as paragraph 22A.

4

After paragraph 23 insert—

24
An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.
25
An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.
26
The offence at common law of conspiracy to defraud.

5

The amendments made by this section apply on and after the commencement of this section in relation to—

a

personal licences that are granted or renewed before, on or after the commencement of this section, and

b

offences committed before, on or after that commencement.

Review

I528124Review of effect of amendments on licensing scheme

1

As soon as reasonably practicable after the end of the review period, the Secretary of State must—

a

carry out a review of the following provisions of this Chapter—

i

section 103 (licensing authorities as responsible authorities),

ii

section 104 (Primary Care Trusts and Local Health Boards as responsible authorities),

iii

section 105 (premises licences: who may make relevant representations),

iv

section 106 (premises licenses: who may apply for review),

v

section 107 (club premises certificates: who may make relevant representations),

vi

section 108 (club premises certificates: who may apply for review),

vii

section 109 (reducing the burden: premises licences),

viii

section 110 (reducing the burden: club premises certificates),

ix

section 111 (reducing the burden: other situations),

x

section 112 (temporary event notices: who may make an objection),

xi

section 113 (temporary event notices: conditions),

xii

section 117 (temporary event notice: time for objection to notice),

xiii

section 119 (early morning alcohol restriction orders),

xiv

section 120 (suspension of licence or certificate for failing to pay annual fee),

xv

section 123 (personal licences: relevant offences), and

b

set out the conclusions of the review in a report.

2

In particular, the review must assess the effect of the amendments made by those sections on the scheme established by the Licensing Act 2003.

3

The Secretary of State must lay a copy of the report before Parliament.

4

In this section, “review period” means the period of five years beginning with—

a

if all of those sections commence on the same day, that day, and

b

otherwise, the first day on which all of those sections have commenced.

CHAPTER 2Late night levy

8

Regulations under subsection (6) which provide for licensing authorities to determine payment years must require an authority to decide how the payment years are to be determined at the time the authority decides under section 125(2) that ~~F60the late night levy requirement~~F60a late night levy requirement is to apply ~~F61in its area~~.

9

For the purposes of this section, a payment year is related to a levy year if it begins at the same time as, or during, the levy year.

I586127Liability to pay late night levy

1

Where ~~F63the late night levy requirement~~F63a late night levy requirement applies in the area F64or part of the area of a licensing authority, the holder of ~~F65a relevant late night authorisation~~F65a late night authorisation to which the requirement relates must pay a levy (“the late night levy”) to the authority in respect of that authorisation for each levy year, in accordance with this Chapter.

2

But a holder of ~~F66a relevant late night authorisation~~F66a late night authorisation to which the requirement relates who falls within an applicable exemption category is not liable to pay the late night levy in respect of that authorisation for the levy year.

F622A

In addition, if the requirement relates to a late night authorisation that is a relevant late night refreshment authorisation, the holder of the authorisation is not liable to pay the late night levy for a levy year if only hot drinks are supplied (or held out for supply) in reliance on the authorisation during the levy year.

3

For this purpose, “applicable exemption category”, in relation to a levy year, means a permitted exemption category that the licensing authority has decided under section 132 or 133 is to apply ~~F67in its area~~F67in relation to the late night levy requirement for the levy year.

I587128Amount of late night levy

1

For F68any levy requirement and any levy year, the amount of the levy is—

a

the amount prescribed by regulations, or

b

the amount calculated in accordance with regulations.

2

But in the case of the holder of ~~F69a relevant late night authorisation~~F69a late night authorisation to which a late night levy requirement relates who falls within an applicable reduction category, the amount of the late night levy payable in respect of the authorisation is the reduced amount that applies in relation to that category (see section 135(4)).

3

For this purpose “applicable reduction category”, in relation to F70a late night levy requirement and a levy year, means a permitted reduction category that the licensing authority has decided under section 132 or 133 is to apply ~~F71in its area~~F71in relation to the late night levy requirement for the levy year.

4

Subject to subsection (2), regulations under subsection (1) must provide for the amount of ~~F72the late night levy~~F72a late night levy, or the manner in which it is to be calculated, to be the sameF73, in respect of all late night levy requirements for all persons liable to pay ~~F74the levy~~F74a levy in respect of an authorisation ~~F75for the levy year~~.

Administration of late night levy

I588129Payment and administration of the levy

1

Regulations—

a

must make provision as to collection and administration, and

b

may make provision as to enforcement,

of ~~F77the late night levy~~F77a late night levy.

2

Regulations under subsection (1) must make provision as to the time or times for payment of ~~F78the levy~~F78a levy to a licensing authority by holders of ~~F79relevant late night authorisations~~F79a late night authorisation to which a late night levy requirement relates.

3

Provision made by virtue of subsection (2) may in particular provide for any such time or times to be determined by reference to the holders' payment years.

4

Regulations under subsection (1) may make provision for adjustments to be made in cases where—

a

~~F81a relevant late night authorisation~~F81a late night authorisation to which a late night levy requirement relates ceases to be such an authorisation during the holder's payment year;

b

a premises licence or club premises certificate becomes ~~F82a relevant late night authorisation~~F82a late night authorisation to which a late night levy requirement relates during the holder's payment year;

c

an order under section 172A of that Act (early morning restriction orders) precludes the supply of alcohol by virtue of ~~F83the relevant late night authorisation~~F83a relevant late night alcohol authorisation to which a late night levy requirement relates at all the times during the applicable late night supply period when it would otherwise have been permitted by virtue of the authorisation;

including in cases where the change occurs after the end of ~~F80the levy year~~F80the levy year in question.

5

Any payment of ~~F84the late night levy~~F84a late night levy which is owed to a licensing authority under this Chapter may be recovered as a debt due to the authority.

6

The following provisions of the Licensing Act 2003 apply for the purposes of this Chapter—

a

section 55A (suspension of premises licence for failure to pay annual fee);

b

section 92A (suspension of club premises certificate for failure to pay annual fee),

but as if a reference to an annual fee, or to the annual fee owed under section 55(2) or 92(2), were a reference to ~~F76the late night levy~~F76a late night levy, or to the amount of ~~F76the late night levy~~F76a late night levy owed under this Chapter.

7

Provision that may be made by regulations under this section includes provision conferring functions or a discretion on licensing authorities.

regulations under section 135 alter the permitted exemption categories or permitted reduction categories, and

b

by virtue of the regulations any category that applies ~~F101in the area of a licensing authority~~ as the result of a relevant decision F102by a licensing authority ceases to be a permitted exemption category or permitted reduction category,

the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply ~~F100in its area~~ in respect of future levy periods are permitted exemption categories or permitted reduction categories.

5

In subsection (4)(b), “relevant decision” means a decision under—

a

2

Regulations under this section must, in particular—

a

require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—

i

the relevant local policing body;

ii

the relevant chief officer of police;

iii

holders of ~~F107relevant late night authorisations~~F107late night authorisations to which the levy requirement in question relates or would relate;

iv

any other persons prescribed by the regulations;

b

make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);

c

in the case of a decision under section 125(2), make provision—

i

enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, ~~F108so as to cease to be a relevant late night authorisation before the beginning of the first levy year~~F108so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year, and

ii

for no fee to be payable in respect of any such application to the extent that it relates to such a variation.

3

In the case of a proposal that ~~F109the late night levy requirement~~F109a late night levy requirement should apply ~~F110to the area of a licensing authority~~, the consultation about the proposal required under subsection (2)(a) must include consultation about the matters to be decided under section 132(1).

4

Regulations under this section may specify matters of which the licensing authority must be satisfied before deciding under section 125(2) that ~~F111the late night levy requirement~~F111a late night levy requirement is to apply ~~F112in its area~~.

5

F113In subsection (2)(c), “relevant late night authorisation” includes a premises licence or club premises certificate which would be a relevant late night authorisation if the licensing authority were to make the decisions in subsection (1)(a) in accordance with the proposal.

I594135Permitted exemption and reduction categories

b

the manner in which the reduced amount of ~~F124the levy~~F124a levy is to be calculated,

and must provide for the reduced amount of ~~F119the late night levy~~F119a late night levy, or the manner in which it is to be calculated, to be the sameF120, in respect of all late night levy requirements, for all holders of ~~F121relevant late night authorisations~~F121relevant late night alcohol authorisations or relevant late night refreshment authorisations in that category ~~F122for a levy year~~.

I595136Late night levy: regulations

1

Any power to make regulations under this Chapter is exercisable by the Secretary of State, but may be exercised only with consent of Treasury.

2

Regulations may amend any provision made by or under an Act so far as necessary or expedient in consequence of any provision made by or under this Chapter.

3

Any regulations under this Chapter may—

a

make different provision for different cases;

b

make provision subject to exceptions;

c

make supplemental, incidental, consequential and transitional provision.

4

Subsection (3) is subject to section 128(4) and 135(4).

136AF50Late night levy: requests by relevant local policing bodies

1

The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply.

2

In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3).

3

A request must be accompanied by any evidence the relevant local policing body has in support of its request.

4

In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3).

5

The licensing authority must publish—

a

the request, including the evidence accompanying it, and

b

its response to the request.

6

The response must include reasons, including an explanation of the outcome of the authority’s consideration of the matters mentioned in section 125(3).

7

It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).

I596137Interpretation

In this Chapter—

“club premises certificate” has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);
“late night levy” means a levy payable under section 127(1);
~~F125“the late night levy requirement~~”F125“a late night levy requirement” has the meaning given by section 125;
F126“late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);
“late night supply period”, has the meaning given by section 126;
“levy year”, in relation to a licensing authority, means a period of one year, beginning with the date specified under section 132(1)(a) or an anniversary of that date, for which ~~F127the late night levy requirement~~F127a late night levy requirement applies ~~F128in the area of the authority~~;
“licensing authority” means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);
“net amount of levy payments” has the meaning given by section 130;
“payment year”, in relation to the holder of ~~F129a relevant late night authorisation~~F129a late night authorisation to which a late night levy requirement relates, means a year to which any payment of the late night levy by the holder in respect of the authorisation relates;
“permitted exemption category” and “permitted reduction category” have the meanings given by section 135;
“premises licence” has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);
“relevant late night authorisation” has the meaning given by section 126;
“relevant chief officer of police”, in relation to a licensing authority, means the chief officer of police for the police area which comprises or includes the area of the licensing authority;
“relevant local policing body”, in relation to a licensing authority, means the local policing body for the police area which comprises or includes the area of the licensing authority;
“supply of alcohol” has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).

I597138Crown application

1

This Chapter binds the Crown and has effect in relation to any premises licence, or club premises certificate, which relates to land in which there is—

a

an interest belonging to Her Majesty in right of the Crown,

b

an interest belonging to a government department, or

c

an interest held in trust for Her Majesty for the purposes of such a department.

2

This Chapter also applies in relation to any premises licence, or club premises certificate, which relates to—

a

land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

b

land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

3

Provision made by or under this Chapter applies to persons in the public service of the Crown as it applies to other persons.

4

But nothing in this Chapter affects Her Majesty in Her private capacity.

I598139Amendments of the Licensing Act 2003

1

The Licensing Act 2003 is amended as follows.

2

In section 55 (fees: premises licences), after subsection (1) insert—

1A
Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

3

In section 92 (fees: club premises certificates), after subsection (1) insert—

1A
Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

CHAPTER 3Alcohol disorder zones

I599140Alcohol disorder zones: repeal

Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder zones) are repealed.

Part 3Parliament Square F10etc

Annotations:

Amendments (Textual)

F10

Words in Pt. 3 heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(11), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Repeal of SOCPA 2005 provisions

141Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

I45 I4711

Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.

I4722

The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005, include public assemblies which started, or were being organised, before this section comes into force.

Controls on activities in Parliament Square F13etc

Annotations:

Amendments (Textual)

F13

Words in s. 142 cross-heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(10), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

I46142Controlled area of Parliament Square

1

For the purposes of this Part, the “controlled area of Parliament Square” means the area of land that is comprised in—

a

the central garden of Parliament Square, and

b

the footways that immediately adjoin the central garden of Parliament Square.

2

In subsection (1)—

“the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;
“footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).

142AF9Other controlled areas in vicinity of the Palace of Westminster

1

For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in—

a

the highways in the postal district SW1 known as—

i

6

It is immaterial for the purposes of a prohibited activity—

a

in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;

b

in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

7

In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

8

A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

I48144Directions under section 143: further provision

1

if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

7

Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.

8

The references in F21this section to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.

I50146Power of court on conviction

1

The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—

a

make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;

b

make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in F23a relevant area.

2

An order under subsection (1)(b) may (in particular) require P not to enter F24a relevant area for such period as may be specified in the order.

F222A

In this section “relevant area” means an area consisting of either or both of the following areas—

a

the controlled area of Parliament Square , and

b

the Palace of Westminster controlled area.

3

Power of the court to make an order under this section is in addition to the court's power to impose a fine under section 143(8).

removing an existing condition, or

c

altering any period to which a condition applies.

8

The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

1

In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—

6A
Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).

2

Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.

3

Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square F29or the Palace of Westminster controlled area, a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.

149AF230Power to specify other areas as controlled areas

1

The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations.

2

An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way.

3

Regulations under subsection (1) may be made only if—

a

either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and

b

as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations.

4

In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.

5

The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).

Part 4Miscellaneous

Seizure powers

150Powers of seizure etc under certain regulations and byelaws

I541

In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—

1A
Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.

I552

After section 237 of the Local Government Act 1972 (offences against byelaws) insert—

237ZASection 235 byelaws: powers of seizure etc
A byelaw made under section 235 may include provision for or in connection with—
a
the seizure and retention of any property in connection with any contravention of the byelaw, and
b
the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.

I543

In section 385 of the Greater London Authority Act 1999 (byelaws), in subsection (4)(b) for “a trading byelaw” substitute “ any byelaw under this section ”.

Misuse of drugs

I15151Temporary control of drugs

Schedule 17 (which makes provision for temporary class drug orders under the Misuse of Drugs Act 1971) has effect.

I16152Advisory Council on the Misuse of Drugs

In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory Council on the Misuse of Drugs), in paragraph 1—

a

in sub-paragraph (1), omit the words after “appropriate”, and

b

omit sub-paragraph (2).

Arrest warrants

153Restriction on issue of arrest warrants in private prosecutions

1

In section 1 of the Magistrates' Courts Act 1980 (issue of summons or warrant), after subsection (4) insert—

4A
Where a person who is not a public prosecutor lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.
4B
In subsection (4A) “public prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003.
4C
Subsection (4A) applies to—
a
a qualifying offence which is alleged to have been committed outside the United Kingdom, or
b
an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.
4D
In subsection (4C) “qualifying offence” means any of the following—
a
piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
b
an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);
c
an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);
d
an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);
e
an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);
f
an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);
g
an offence under section 134 of the Criminal Justice Act 1988 (torture);
h
an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
i
an offence under sections 9 to 14 of that Act (hijacking ships etc);
j
an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).
4E
In subsection (4C) “ancillary offence”, in relation to an offence, means—
a
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
b
attempting or conspiring to commit the offence.

2

In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions etc), after subsection (2) insert—

2A
Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.

b

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

156Extent

1

This Act extends to England and Wales only.

2

Subsection (1) is subject to subsections (3) to (6).

3

The following provisions extend to England and Wales, Scotland and Northern Ireland—

a

section 58 (power to make provision about elections etc),

b

section 151 and Schedule 17 (temporary class drug orders),

c

section 152 (Advisory Council on the Misuse of Drugs),

d

section 154 (orders and regulations) so far as relating to an order under section 58, and

e

this section and sections 157 and 158 (final provisions).

4

Section 98 and Schedule 15 apply to England and Wales and Scotland.

5

The amendments, repeals and revocations made by this Act (so far as not made by provision mentioned in subsection (3)(b) or (c)) have the same extent as the provisions amended, repealed or revoked.

6

Subsection (5) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 150(1) above (which accordingly extends to England and Wales only).

157Commencement

1

The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

2

Subsection (1) is subject to subsections (3) and (4).

3

The following provisions come into force on the day on which this Act is passed—

a

section 58 (power to make provision about elections);

b

section 153 (restrictions on issue of arrest warrants in private prosecutions);

c

sections 154 to 158 (final).

4

Section 150(2), so far as relating to byelaws made by local authorities in Wales, comes into force on such day as the Welsh Ministers may by order appoint.

5

Section 154(1) and (5)(b) applies to an order of the Welsh Ministers under subsection (4) as it applies to an order of the Secretary of State under this Act.

158Short title

This Act may be cited as the Police Reform and Social Responsibility Act 2011.

SCHEDULES

C57SCHEDULE 1Police and crime commissioners

Section 1

Annotations:

Modifications etc. (not altering text)

C57

Sch. 1 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 32

Introduction

I6401

This Schedule applies in relation to the police and crime commissioners established under section 1.

Salary etc

I641 C67 C572

1

b

amounts for or towards provision of pensions to, or in respect of, persons who have been commissioner,

which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.

I6445

C691

Payments under paragraphs 2 and 3 are to be made by the police and crime commissioner concerned.

2

The Secretary of State must publish every determination under any of paragraphs 2 to 4.

Staff

I6456

C701

A police and crime commissioner must appoint—

a

a person to be the head of the commissioner's staff (referred to in this Part as the commissioner's chief executive); and

b

a person to be responsible for the proper administration of the commissioner's financial affairs (referred to in this Part as the commissioner's chief finance officer).

C702

A police and crime commissioner must comply with paragraphs 9 to 12 in appointing the commissioner's chief executive or the commissioner's chief finance officer.

3

A police and crime commissioner may appoint such other staff as the commissioner thinks appropriate to enable the commissioner to exercise the functions of commissioner.

C704

Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a police and crime commissioner as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

the name of the person whom the commissioner is proposing to appoint (“the candidate”);

b

the criteria used to assess the suitability of the candidate for the appointment;

c

why the candidate satisfies those criteria; and

d

the terms and conditions on which the candidate is to be appointed.

I649 C3710

1

This paragraph applies if a police and crime panel is notified under paragraph 9 of a proposed senior appointment.

2

The panel must review the proposed senior appointment.

3

The panel must make a report to the commissioner on the proposed senior appointment.

4

The report must include a recommendation to the police and crime commissioner as to whether or not the candidate should be appointed.

5

The panel must comply with sub-paragraphs (2) to (4), within the period of three weeks beginning with the day on which the panel receives the notification from the commissioner of the proposed senior appointment.

6

The panel must publish the report to the commissioner made under this paragraph.

C7SCHEDULE 2Chief constables

Section 2

Annotations:

Modifications etc. (not altering text)

Sch. 2 modified (temp.) (31.3.2014) by The Police Reform and Social Responsibility Act 2011 (Transitional Provision) Order 2013 (S.I. 2013/2319), arts. 1(2), 2(1)

Introduction

I6561

This Schedule applies to the chief constables established under section 2.

Status, name etc

I6572

A chief constable is a corporation sole.

I6583

The name of the chief constable for a police force is “the Chief Constable of” with the addition of the name of the police force.

Civilian staff

I6594

1

The chief constable of a police force must appoint a person to be responsible for the proper administration of the police force's financial affairs (referred to in this Part as the police force's chief finance officer).

2

The chief constable of a police force may appoint such other staff as the chief constable thinks appropriate—

a

to enable the chief constable to exercise the chief constable's functions, or

b

otherwise to assist the relevant police force.

3

Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a chief constable as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

I6605

5

This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.

F11Financial arrangements etc

Annotations:

Amendments (Textual)

F11

Sch. 2 para. 7A and cross-heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 141(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 11

for any purpose relevant to the chief constable's functions under any enactment, or

b

for the purpose of the prudent management of the chief constable's financial affairs,

any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

Disciplinary action etc

I6649

Paragraph 2 does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of chief constable.

SCHEDULE 3Mayor's Office for Policing and Crime

Section 3

Allowances

I1121

The Mayor's Office for Policing and Crime must appoint a person to act as chief executive, if and for as long as—

a

that post is vacant, or

b

the holder of that post is, in the opinion of the Mayor's Office for Policing and Crime, unable to carry out the duties of that post.

2

A reference in any enactment to the chief executive of the Mayor's Office for Policing and Crime includes a reference to a person acting as chief executive in accordance with sub-paragraph (1).

The Deputy Mayor for Policing and Crime

I1154

3

This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Mayor's Office for Policing and Crime.

Protection from personal liability

I1198

1

A person who is the occupant of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the exercise of the functions of the office unless it is shown to have been done otherwise than in good faith.

2

A person who is a member of staff of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the carrying out of duties as a member of staff unless it is shown to have been done otherwise than in good faith.

Financial year

I1209

1

The first financial year of the Mayor's Office for Policing and Crime is the period that—

a

begins with the day on which section 3 comes into force, and

b

ends with the relevant 31 March.

2

After that, the financial year of the Mayor's Office for Policing and Crime is the period of 12 months ending with 31 March.

3

In this paragraph “relevant 31 March”, in relation to the first financial year of the Mayor's Office for Policing and Crime, means—

a

if that financial year begins on or before 1 October, the first 31 March that falls after the beginning of the financial year;

b

if that financial year begins after 1 October, the second 31 March that falls after the beginning of the financial year.

C8SCHEDULE 4Commissioner of Police of the Metropolis

Section 4

Annotations:

Modifications etc. (not altering text)

Sch. 4 modified (temp.) (31.3.2014) by The Police Reform and Social Responsibility Act 2011 (Transitional Provision) Order 2013 (S.I. 2013/2319), arts. 1(2), 2(2)

Civilian staff

I1211

1

The Commissioner of Police of the Metropolis must appoint a person to be responsible for the proper administration of the metropolitan police force's financial affairs (referred to in this Part as the metropolitan police force's chief finance officer).

2

The Commissioner of Police of the Metropolis may appoint such other staff as the Commissioner thinks appropriate—

a

to enable the Commissioner to exercise the Commissioner's functions, or

b

otherwise to assist the metropolitan police force.

3

Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of the Commissioner of Police of the Metropolis as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

I1222

5

This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Commissioner.

F12Financial arrangements etc

Annotations:

Amendments (Textual)

F12

Sch. 4 para. 4A and cross-heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 141(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 11

for any purpose relevant to the Commissioner's functions under any enactment, or

b

for the purpose of the prudent management of the Commissioner's financial affairs,

any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

Disciplinary action etc

I1266

Section 4(1) does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of Commissioner of Police of the Metropolis.

C38 C58SCHEDULE 5Issuing precepts

Section 26

Annotations:

Modifications etc. (not altering text)

C38

Sch. 5 applied (with modifications) by 2004 c. 21, Sch. A2 para. 12 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C58

Sch. 5 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 33

Introduction

I6651

1

A police and crime commissioner may not issue a precept under section 40 of the Local Government Finance Act 1992 for a financial year until the end of the scrutiny process is reached.

2

The end of the scrutiny process is reached when—

a

in a case where paragraph 5 applies, the police and crime commissioner gives the police and crime panel a response to the panel's report; or

b

in a case where paragraph 6 applies, the end of the process is reached in accordance with regulations under paragraph 8.

3

References in this Schedule to the issuing of a precept include references to the issuing of a substitute precept.

Commissioner to notify panel of proposed precept

I6662

The police and crime commissioner must notify the relevant police and crime panel of the precept which the commissioner is proposing to issue for the financial year (the “proposed precept”).

Panel to review proposed precept

I6673

4

It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with sub-paragraph (3)(c).

5

Sub-paragraph (2) is subject to regulations under paragraph 8.

Regulations

I6717

1

The Secretary of State may make regulations about—

a

the steps that are required to be taken by paragraphs 2 to 6, and

b

procedures that are to be followed in taking such steps.

2

The regulations may, in particular, make provision about the time limits applicable in taking steps or following procedures.

any other person.

7

That includes functions involving the exercise of a discretion.

8

Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph (1).

C59SCHEDULE 6Police and crime panels

Section 28

Annotations:

Modifications etc. (not altering text)

C59

Sch. 6 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 34

Part 1Type of panel which police area is to have

England

I5291

1

Each police area in England, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Part 2 of this Schedule.

2

But the Secretary of State may, by order, provide that any such police area is to have (for as long as the order has effect) a police and crime panel established and maintained in accordance with Part 3 of this Schedule (instead of a panel established and maintained in accordance with Part 2).

3

The Secretary of State may make an order under sub-paragraph (2) in relation to a single-authority police area only if the Secretary of State is of the opinion that the relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9.

4

The Secretary of State may make an order under sub-paragraph (2) in relation to a multi-authority police area only if the Secretary of State is of the opinion that all the relevant local authorities have (whether at the same time or at different times) failed to nominate or appoint one or more of their councillors as members of the panel—

a

in accordance with paragraphs 7 and 9 (in the case of a police area which covers ten or more local authorities), or

b

in accordance with paragraphs 8 and 9 (in the case of a police area which covers nine or fewer local authorities).

Wales

I5302

Each police area in Wales is to have a police and crime panel established and maintained in accordance with Part 3 of this Schedule.

Part 2Panels established by local authorities

Establishment and maintenance of panels

I5313

10 - L

where L is the number of local authorities which the police area covers.

Single-authority police area: nomination by local authority

I5346

1

This paragraph applies in relation to the police and crime panel for a single-authority police area.

2

If the number of appointed members of the police and crime panel is less than the full complement, the relevant local authority may nominate the appropriate number of its councillors to be members of the police and crime panel.

3

A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

4

In this paragraph—

“appropriate number” means the number that is equal to the difference between—
1. a
  the full complement; and
2. b
  the number of appointed members of the panel;
“full complement” means ten members.

Police area covering ten or more local authorities: nomination by local authority

I5357

1

This paragraph applies in relation to the police and crime panel for a police area which covers ten or more local authorities.

2

In a case where—

a

the number of appointed members of the police and crime panel is less than the full complement, and

b

there is no member of the panel who was appointed by a particular relevant local authority,

the authority may nominate one of its councillors to be a member of the police and crime panel.

3

A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

4

In this paragraph, “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).

Multi-authority police area covering nine or fewer local authorities: nomination by local authority

I5368

1

This paragraph applies in relation to the police and crime panel for a multi-authority police area which covers nine or fewer local authorities.

2

In a case where—

a

the number of appointed members of the police and crime panel is less than the full complement,

b

a particular relevant local authority does not have power under the panel arrangements to appoint an extra member of the panel (see paragraph 5(2)), and

c

there is no member of the panel who was appointed by the authority,

the authority may nominate one of its councillors to be a member of the police and crime panel.

3

In a case where—

a

the number of appointed members of the police and crime panel is less than the full complement,

b

a particular relevant local authority has power under the panel arrangements to appoint one or more extra members of the panel (see paragraph 5(2)), and

c

the number of members of the panel who are members by virtue of appointment by the authority is less than the authority's quota of members,

the authority may nominate the permitted number of its councillors to be members of the police and crime panel.

4

A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

5

In this paragraph, in relation to a police and crime panel and a relevant local authority—

“full complement” means ten members;
“permitted number” means the number that is equal to the difference between—
1. a
  the authority's quota of members; and
2. b
  the number of members of the panel who are members by virtue of appointment by the authority;
“quota of members” means the number of members calculated by adding one to the number of extra members of the panel which the authority has power to appoint under the panel arrangements (see paragraph 5(2)).

Appointment after nomination by local authority

I5379

1

This paragraph applies where a relevant local authority makes a nomination under paragraph 6, 7 or 8.

2

If the nominee accepts the nomination, the relevant local authority may appoint the nominated councillor as a member of the panel.

3

If the nominee does not accept the nomination, the relevant local authority may nominate another of its councillors to be a member of the police and crime panel (and sub-paragraph (2) or this sub-paragraph applies accordingly, as if the nomination were made under paragraph 6, 7 or 8).

Failure of local authority to appoint member: nomination and appointment by Secretary of State

I53810

1

This paragraph applies if the Secretary of State is satisfied that—

a

the number of appointed members of a police and crime panel is less than the full complement, and

b

a relevant local authority (the “defaulting local authority”)—

i

has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, or

ii

does not have power to make such a nomination and appointment because of paragraph 6(3), 7(3) or 8(4).

2

The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

3

Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

4

If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

5

If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (4) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (2)).

6

In complying with this paragraph in relation to the police and crime panel for a multi-authority police area, the Secretary of State must secure (as far as is reasonably practicable) that the fair representation objective is met.

7

The “fair representation objective” referred to in sub-paragraph (6) is—

a

in the case of a police area which covers ten or more local authorities, the objective that each relevant local authority has only one of its councillors as a member of the panel;

b

in the case of a police area which covers nine or fewer local authorities, the objective that each relevant local authority has at least one of its councillors as a member of the panel.

8

If the Secretary of State—

a

is satisfied that a relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel as mentioned in sub-paragraph (1) (b), and

b

is considering whether to exercise, has decided to exercise, or has exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State is satisfied as mentioned in paragraph (a) of this sub-paragraph.

9

A notice given under sub-paragraph (8) may be withdrawn by the Secretary of State at any time.

10

For the purposes of sub-paragraph (1) (b) (i), it is irrelevant that a relevant local authority which has failed to nominate or appoint a councillor as a member of the panel—

a

may have power under any of paragraphs 6 to 9 to make a further nomination; or

b

is complying with, or has complied with, the panel arrangements relating to that panel.

11

In this paragraph—

“appropriate number” means the number that is equal to the difference between—
1. a
  the full complement; and
2. b
  the number of appointed members of the panel;
“full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).

Costs of the panel

I53911

1

This paragraph applies to a multi-authority panel.

2

The panel arrangements must make provision about—

a

how the relevant local authorities are to meet the costs of the panel; and

b

insofar as the provision is necessary, how funds paid (whether by the Secretary of State or otherwise) to meet the costs of the panel are to be paid to, or distributed between, the relevant local authorities.

Part 3Panels established by the Secretary of State

Establishment and maintenance of panels

I54012

In this paragraph—

“appropriate number” means the number that is equal to the difference between—
1. a
  the full complement; and
2. b
  the number of appointed members of the panel;
“full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

Wales: consequences of Secretary of State asking local authorities to make nominations

I54416

1

This paragraph applies if, under paragraph 15, the Secretary of State asks a relevant local authority to nominate a councillor to be a member of a Welsh police and crime panel.

2

The authority may make the nomination.

3

If the authority makes the nomination, and the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the police and crime panel.

4

If the authority fails to make the nomination, or the nominee does not accept the nomination, the Secretary of State must either—

a

ask the authority to make another nomination (and sub-paragraph (2), and sub-paragraph (3) or this sub-paragraph, apply accordingly, as if the request were made under paragraph 15); or

b

nominate a person who is a councillor of a relevant local authority to be a member of the police and crime panel.

5

If the nominee accepts a nomination made under sub-paragraph (4)(b), the Secretary of State must appoint the nominated councillor as a member of the panel.

6

If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (5) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (4)(b)).

England: persons appointed by the Secretary of State as members of panels

I54517

In this Part of this Schedule, a reference to a person appointed by the Secretary of State as a member of an English police and crime panel is a reference to a person who has been appointed by the Secretary of State as a member of the panel in accordance with paragraph 18.

England: nomination and appointment of members of panels by Secretary of State

I54618

1

This paragraph applies in relation to an English police and crime panel if the Secretary of State is satisfied that the number of appointed members of the panel is less than the full complement.

2

The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

3

Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

4

If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

5

6

In this paragraph—

“appropriate number” means the number that is equal to the difference between—
1. a
  the full complement; and
2. b
  the number of appointed members of the panel;
“full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

Liabilities of panels

I54719

1

All relevant liabilities relating to a police and crime panel are liabilities of the Secretary of State (and accordingly are not liabilities of any member of the panel).

2

Any expense incurred by a member of a police and crime panel—

a

in respect of a relevant liability, or

b

otherwise in the exercise of, or purported exercise of, a function of the panel,

is to be borne and repaid by the Secretary of State.

3

In this paragraph “relevant liability” means a liability which, but for this paragraph, would be a liability of a member of a police and crime panel (whether personally or as a member of that panel) in respect of anything done by—

a

that person in the exercise, or purported exercise, of a function of a member of the panel,

b

any other member of the panel in the exercise, or purported exercise, of a function of a member of the panel, or

c

the panel in the exercise, or purported exercise, of a function of the panel.

Provision of financial and other resources

I54820

1

The Secretary of State may provide financial and other resources—

a

to a police and crime panel in connection with the exercise of the panel's functions;

b

to the members of a police and crime panel in connection with the exercise of their functions; and

c

to one or more of the relevant local authorities covered by a police area in connection with the exercise of functions by—

i

such an authority in relation to the police and crime panel for that police area,

ii

that panel, or

iii

the members of that panel.

2

The Secretary of State may provide financial or other resources under sub-paragraph (1) subject to conditions.

3

In the case of resources provided under sub-paragraph (1) (c), the conditions which may be imposed include conditions requiring a relevant local authority to pass resources to, or share resources with, another relevant local authority.

4

The power under this paragraph to provide resources is in addition to the duty under paragraph 19(2).

C59Part 4General provisions

Restrictions on membership of panel

I54921

The police and crime commissioner for a police area may not be a member of the police and crime panel for the area.

I55022

F1401

A person may not be a co-opted member of the police and crime panel for a police area if the person is any of the following—

a

a member of the staff of the police and crime commissioner for that police area;

b

a member of the civilian staff of the police force for that police area;

c

a Member of Parliament;

d

a member of the National Assembly for Wales;

e

a member of the Scottish Parliament;

f

a member of the European Parliament.

F1412

Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

3

A person may not be a co-opted member of the panel if the person is—

a

a member of staff of the fire and rescue authority, or

b

if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

i

transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

ii

appointed by the chief constable under section 4I(4) of that Act.

I55123

a

the method of making decisions, and

b

the formation of sub-committees.

4

A sub-committee of a police and crime panel may not co-opt members.

5

This paragraph is subject to paragraph 27.

Voting by members

I55426

All members of a police and crime panel may vote in proceedings of the panel.

Exercise of special functions

I55527

1

The special functions of a police and crime panel may not be discharged by a committee or sub-committee of the panel.

C862

In this paragraph “special functions” means the functions conferred on a police and crime panel by—

a

section 28(3) (scrutiny of police and crime plan);

b

section 28(4) (scrutiny of annual report);

c

paragraphs 10 and 11 of Schedule 1;

d

Schedule 5 (issuing precepts); and

e

Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

F1423

The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.

Allowances

I55628

The panel arrangements may make provision about the payment of allowances to members of the police and crime panel.

Promotion of, and support, for panels

I55729

The panel arrangements must make provision for—

a

the role of the police and crime panel to be promoted;

b

administrative and other support to be given to the police and crime panel and its members;

c

support and guidance to be given to—

i

members of relevant local authorities,

ii

members of the executives (if any) of relevant local authorities, and

iii

officers of relevant local authorities,

in relation to the functions of the police and crime panel.

Validity of proceedings

F143Duty to produce panel with fire and rescue expertise

Annotations:

Amendments (Textual)

F143

Sch. 6 para. 32A and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(5); S.I. 2017/399, reg. 2, Sch. para. 38

did not become a member of that panel by virtue of the nomination.

5

But sub-paragraph (4) does not prevent the exercise of a power under this Schedule so as to make a further nomination of the current mayor to be a member of that panel.

I562 C7234

1

This paragraph applies if—

a

a local authority has a mayor and cabinet executive,

b

under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority nominates the person who holds office as elected mayor of the executive at that time (the “current mayor”) to be a member of the relevant police and crime panel,

c

that is the first such nomination of the current mayor since the start of the current mayoral term, and

d

the current mayor does not become a member of that panel by virtue of the nomination.

2

The Secretary of State may not, by virtue of that failure of the current mayor to become a member of the police and crime panel, nominate a person to be a member of that panel under paragraph 10(2) or 16(4)(b).

I563 C7235

b

members of such authorities, committees or joint committees.

Regulations about notifications

I56537

The Secretary of State may, by regulations, make provision about notifications to be given by persons in relation to—

a

their compliance, or failure to comply, with any duty imposed under this Schedule; or

b

their exercise, or failure to exercise, any power conferred under this Schedule.

Regulations about making nominations

I56638

“appointed member” means a member of a police and crime panel by virtue of paragraph 4(1)(a) or 13(1)(a);
“co-opted member” means a member of a police and crime panel by virtue of paragraph 4(1)(b) or 13(1)(b);
“councillor”, in relation to a local authority, means a person who—
1. a
  is a member of the local authority, or
2. b
  is the elected mayor of a mayor and cabinet executive (within the meaning of Part 2 of the Local Government Act 2000) of a relevant local authority;
“English police and crime panel” means a police and crime panel for a police area in England;
“local authority” means—
1. a
  in relation to England, a county council or a district council;
2. b
  in relation to Wales, a county council or a county borough council;
“multi-authority police area” means a police area which covers two or more local authorities;
“panel arrangements” means the arrangements referred to in paragraph 24;
“relevant local authority”, in relation to a police area, means a local authority which the police area covers;
“single-authority police area” means a police area which covers only one local authority;
“Welsh police and crime panel” means a police and crime panel for a police area in Wales.

C39 C60 F166SCHEDULE 7Regulations about complaints and conduct matters

Section 31

Annotations:

Amendments (Textual)

F166

Words in Sch. 7 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 73(3); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

C39

Sch. 7 applied (with modifications) by 2004 c. 21, Sch. A2 para. 13 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C60

Sch. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 35

Introduction

I41

1

In this Schedule—

“conduct matter” has the same meaning as in section 31;
“police force” means a police force maintained for a police area in England or Wales or any other police force which exercises functions in England or Wales;
“qualifying complaint” has the same meaning as in section 31;
“regulations” means regulations under section 31.

2

The provisions of this Schedule that confer power to make particular kinds of regulations do not affect the generality of the power conferred by section 31.

Investigation of serious complaints

I52

1

This paragraph applies to—

a

serious complaints, and

b

conduct matters,

which relate to any relevant office holder.

2

Regulations must provide for serious complaints and conduct matters to be investigated—

a

by the F166Director General of the Independent Office for Police Conduct, or

b

by a police force, in an investigation that is under the management of the F166Director General of the Independent Office for Police Conduct.

3

This paragraph does not prevent regulations from making provision about the receipt or initial handling of serious complaints or conduct matters otherwise than by the F166Director General of the Independent Office for Police Conduct or a police force.

4

This paragraph does not prevent regulations from making provision about—

a

circumstances in which serious complaints or conduct matters are not to be investigated; and

b

circumstances in which investigations of serious complaints or conduct matters are to be discontinued;

Annotations:

Modifications etc. (not altering text)

C61

Sch. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 36

Part 1Appointment of chief constables

Introduction

I6731

1

The police and crime panel may, having reviewed the proposed appointment, veto the appointment of the candidate.

2

If the panel vetoes the appointment of the candidate, the report made under paragraph 4 must include a statement that the panel has vetoed it.

3

References in this Schedule to a police and crime panel vetoing the appointment of a candidate are references to the panel making a decision, by the required majority, that the candidate should not be appointed as chief constable.

4

5

The power conferred by this paragraph is exercisable in relation to a proposed appointment only during the period of three weeks mentioned in paragraph 4(6).

Confirmation hearings

I6786

I68210

1

The Secretary of State may make regulations about the appointment of chief constables in cases where paragraph 8 applies in relation to the appointment of a candidate (the “rejected candidate”).

2

The regulations may make provision about—

a

steps to be taken, and

2

The police and crime commissioner must notify—

a

the chief constable, and

b

the relevant police and crime panel,

that the commissioner is still proposing to call upon the chief constable to retire or resign.

Removal: role of panel

I68715

Suspension

I69018

If a chief constable suspends a senior police officer from duty under section 39 or 40, the chief constable must notify the relevant police and crime commissioner of the suspension.

Removal

I69119

1

A chief constable must comply with this paragraph before calling upon a senior police officer to retire or resign under section 39 or 40.

2

The chief constable must give the senior police officer a written explanation of the reasons why the chief constable is proposing to call for the retirement or resignation.

3

The chief constable must give the senior police officer the opportunity to make written representations about the proposal to call for the senior police officer's retirement or resignation.

4

The chief constable must consider any written representations made by the senior police officer.

I69220

1

This paragraph applies if, after complying with paragraph 19, the chief constable is still proposing to call upon the senior police officer to retire or resign under section 39 or 40.

2

Before calling for the retirement or resignation, the chief constable must consult the relevant police and crime commissioner.

F231SCHEDULE 9Supplementary vote system

Section 57

Annotations:

Amendments (Textual)

F231

Sch. 9 omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(18), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

F231Application

F2311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231First preference vote and second preference vote

F2312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231Candidate with overall majority of first preference votes

F2313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231No candidate with overall majority of first preference votes

F2314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C73SCHEDULE 10Elections of police and crime commissioners: consequential amendments

Section 74

Annotations:

Modifications etc. (not altering text)

C73

Sch. 10 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(h)

Local Government Act 1972

I5701

The Local Government Act 1972 is amended as follows.

I5712

In section 67 (consequential and transitional arrangements relating to Part 4), after subsection (5) insert—

5A
Without prejudice to subsection (5), an order under section 58 which makes provision altering any police areas may make provision as to who is to be a police and crime commissioner, including—
a
provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;
b
provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.
5B
Such an order which includes provision within subsection (5A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

Representation of the People Act 1983

I5723

In section 13B(4) of the Representation of the People Act 1983 (alteration of registers: pending elections), omit “and” at the end of paragraph (d) and after paragraph (f) insert

and
g
elections of police and crime commissioners in England and Wales.

Police Act 1996

I5734

The Police Act 1996 is amended as follows.

I5745

1

Section 32 (power to alter police areas by order) is amended as follows.

2

In subsection (3)(a), for “police authority” substitute “ local policing body ”.

3

In subsection (4), after “ensure that” insert “ no police area falls partly in England and partly in Wales and that ”.

I5756

In section 33(1)(a) (objection to alterations proposed by Secretary of State) for “police authority” substitute “ local policing body ”.

I5767

1

Section 34 (orders altering police areas: supplementary provisions) is amended as follows.

2

For subsection (1)(a), substitute—

a
provision as to who is to be a police and crime commissioner;

3

After subsection (1) insert—

1A
Provision falling within subsection (1)(a) includes, in particular—
a
provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;
b
provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

4

In subsection (2)—

a

omit “and” at the end of paragraph (a), and

b

after paragraph (b) insert

and
c
to apply (with or without modification) any provision of, or made under, Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011.

5

After subsection (2) insert—

2A
An order under section 32 which includes provision within subsection (1A)(b) may, in particular require the election in question to be held before the alteration of police areas takes effect.

Political Parties, Elections and Referendums Act 2000

I5778

The Political Parties, Elections and Referendums Act 2000 is amended as follows.

I5789

In section 5 (reports on elections and referendums)—

a

in subsection (2), after paragraph (e) insert—

f
an ordinary election of police and crime commissioners.

b

in subsection (2A), omit “or” after paragraph (b), and after paragraph (c) insert

or
d
an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),

I57910

In section 6A (attendance of representatives of Commission at elections), in subsection (5), after paragraph (d) insert—

da
an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);

I58011

In section 7 (Commission to be consulted on changes to electoral law), in subsection (2), after paragraph (h) insert—

ha
an order under subsection (1)(b) of section 54 of the Police Reform and Social Responsibility Act 2011 (designations of returning officers for elections of persons as police and crime commissioners in England and Wales);
hb
regulations under subsection (2) of that section (functions of returning officers and local returning officers for such elections);
hc
an order under section 58 of that Act (conduct of elections of persons as police and crime commissioners in England and Wales);

12

In section 8 (powers with respect to elections exercisable only on Commission recommendation), in subsection (3), after paragraph (c) insert—

d
the making of orders under section 58 of the Police Reform and Social Responsibility Act 2011 so far as relating to the matters mentioned in subsection (2)(d) of that section (funding and expenditure of candidates, political parties and other persons in connection with elections of persons as police and crime commissioners in England and Wales).

I58113

In section 9A (setting of performance standards), in subsection (6), after paragraph (d) insert—

da
an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);

Local Government and Public Involvement in Health Act 2007

I58214

1

Section 15 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change in England: incidental etc provision in orders or regulations) is amended as follows.

2

In subsection (1)—

a

in paragraph (a), for “police authority” in both places where it occurs substitute “ local policing body ”;

b

after paragraph (f) insert—

fa
as to who is to be a police and crime commissioner;

3

After subsection (1) insert—

1A
Provision falling within subsection (1)(fa) includes, in particular—
a
provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;
b
provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

4

After subsection (3) insert—

3A
Without prejudice to subsection (2), an order under section 7 or 10 which includes provision within subsection (1A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

SCHEDULE 11Crime and disorder strategies

Section 88

I1271

The Crime and Disorder Act 1998 is amended as follows.

I1282

1

Section 5 (authorities responsible for strategies) is amended as follows.

2

Omit subsection (1)(c).

3

For subsections (1A) and (1B) substitute—

1A
The relevant local policing body in relation to two or more local government areas in England may make a combination agreement with the responsible authorities in relation to those areas (the “combined area”).
1B
A combination agreement is an agreement for the functions conferred by or under section 6 or by section 7 to be carried out in relation to the combined area as if it constituted only one local government area.
1BA
The responsible authorities in relation to a combined area are all the persons who are the responsible authorities in relation to each local government area that falls within the combined area.
1BB
Section 5A contains further provision about the making and contents of combination agreements.

4

In subsection (1C) for “An order under subsection (1A) above” substitute “ A combination agreement ”.

5

In subsection (1D), in the definition of “crime and disorder scrutiny functions”, for “an order under subsection (1A) above” substitute “ a combination agreement ”.

6

After subsection (1D) insert—

1E
The “relevant local policing body”, in relation to a combined area, is—
a
if the area falls (wholly or partly) within the police area of a police and crime commissioner, the commissioner,
b
if the area falls (wholly or partly) within the metropolitan police district, the Mayor's Office for Policing and Crime, and
c
if the area falls partly within the City of London, the Secretary of State.
1F
If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly.

7

In subsection (2) for “those functions” substitute “ the functions conferred by or under section 6 ”.

8

In subsection (5), omit—

a

the word “and” at the end of the definition of “fire and rescue authority”, and

b

the definition of “police authority”.

I1293

After section 5 insert—

5ACombination agreements: further provision
1
A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.
2
The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—
a
reducing crime and disorder;
b
reducing re-offending;
c
combating the misuse of drugs, alcohol and other substances.
3
Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.
4
The combination agreement must include arrangements for securing effective and efficient co-operation—
a
between each of the relevant local policing bodies in relation to the combined area, and
b
between the responsible authorities for the area and those relevant local policing bodies.
5
The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).
6
The Secretary of State may enter into the agreement only if the Secretary of State—
a
considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and
b
is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.
7
A combination agreement—
a
must be in writing, and
b
may be varied by a further combination agreement.
8
A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.
9
In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.

I6934

1

Section 6 (formulation and implementation of strategies) is amended as follows.

2

In subsection (1), after “section 5” insert “ , with subsection (1A), ”.

3

After subsection (1) insert—

1A
In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.

4

In subsection (3) after paragraph (c) insert—

ca
the conferring of functions on a police and crime commissioner for a police area in England in relation to the formulation and implementation of a strategy for any local government area that lies in that police area;

5

After subsection (4) insert—

4A
Provision under subsection (3)(ca) may include provision—
a
for a police and crime commissioner to arrange for meetings to be held for the purpose of assisting in the formulation and implementation of any strategy (or strategies) that the commissioner may specify that relate to any part of the police area of the commissioner,
b
for the commissioner to chair the meetings, and
c
for such descriptions and numbers of persons to attend the meetings as the commissioner may specify (including, in particular, representatives of the responsible authorities in relation to the strategies to be discussed at the meetings).

I1305

1

Section 7 (supplemental) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” (in the first place) substitute “ relevant local policing body for that area ”,

b

for “the Secretary of State” (in the second place) substitute “ that body ”, and

c

after “section 6 above” insert “ , apart from devolved Welsh functions (as defined by section 5(8)), ”.

3

After subsection (1) insert—

1A
The relevant local policing body in relation to a local government area may require a report under subsection (1) only if—
a
the body is not satisfied that the responsible authorities for the area are carrying out their functions under section 6 in an effective and efficient manner, and
b
the body considers it reasonable and proportionate in all the circumstances to require a report.

4

In subsection (3)—

a

for “Secretary of State” substitute “ relevant local policing body ”, and

b

for “him” substitute “ the body ”.

5

After subsection (3) insert—

4
Relevant local policing body”, in relation to a local government area, means—
a
if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,
b
if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and
c
if the area (or any part of it) is the City of London, the Secretary of State.
5
If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))—
a
a report submitted under subsection (1) is to be submitted to each of the relevant local policing bodies for the combined area, and
b
references in this section to any requirement or arrangement made by the relevant local policing body are references to a requirement or arrangement made by each of the relevant local policing bodies for the combined area acting jointly.

SCHEDULE 12Collaboration agreements

Section 89

I1311

The Police Act 1996 is amended as follows.

I1322

1

Section 23 (police force collaboration agreements) is amended in accordance with this paragraph.

2

In the title, for “Police force collaboration agreements” substitute “ Collaboration agreements involving police forces ”.

3

Omit subsection (1).

4

In subsection (2), for the words before paragraph (a) substitute—

2
Force collaboration provision may, in particular, consist of provision—

5

Omit subsection (3).

6

In subsection (4), for “An agreement” substitute “ A collaboration agreement ”.

7

In subsection (5), for “an agreement” substitute “ a collaboration agreement ”.

8

Omit subsections (6), (7) and (8).

I1333

1

Section 23A (police authority collaboration agreements) is amended in accordance with this paragraph.

2

For the title substitute “ Collaboration agreements involving policing bodies ”.

3

Omit subsection (1).

4

In subsection (2)—

a

for the words before paragraph (a) substitute—

2
Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—

b

in paragraphs (a) and (b), for “authorities” substitute “ policing bodies ”;

c

in paragraph (c)—

i

for “an authority” substitute “ a policing body ”;

ii

for “another authority” (in each place) substitute “ another policing body ”.

5

In subsection (3), for “In this section” substitute “ In relation to policing body collaboration provision, or policing body & force collaboration provision, ”.

6

Omit subsection (4).

7

In subsection (5)—

a

for “A police authority may make an agreement” substitute “ A policing body may make a collaboration agreement ”;

b

for “police authorities” substitute “ policing bodies ”.

8

For subsection (6), substitute—

6
A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement).

9

Omit subsection (7).

I1344

1

Section 23B (collaboration agreements: payments) is amended in accordance with this paragraph.

2

In subsection (1), for “relevant police authorities” substitute “ parties to the agreement ”.

3

In subsection (2)—

a

after “may” insert “ in the case of policing bodies or chief officers of police who are parties to the agreement ”;

b

in paragraph (a), for “authorities” (in each place) substitute “ policing bodies or chief officers of police ”.

4

In subsection (3), for “A relevant police authority” substitute “ A policing body or chief officer of police ”.

5

Omit subsections (4) and (5).

I1355

1

Section 23C (collaboration agreements: consultation and supplemental) is amended in accordance with this paragraph.

2

Omit subsection (1).

3

After subsection (5) insert—

6
If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement.

I1366

1

Section 23D (collaboration agreements: accountability) is amended as follows.

2

In subsection (1)—

a

for “police force collaboration agreement” substitute “ collaboration agreement ”;

b

for “police authority” substitute “ policing body ”.

3

In subsection (2), for “approving an agreement as mentioned in section 23(6), a police authority” substitute “ making a collaboration agreement to which a chief officer of police is to be a party, a policing body ”.

4

In subsection (3)—

a

for “police authority” (in each place) substitute “ policing body ”;

b

for “consider making” substitute “ make ”.

5

In subsection (4), for “police authority” substitute “ policing body ”.

I1377

In section 23E (collaboration agreements: publication), in subsection (2), for the words before “must” substitute “ In a case where information is notified to a chief officer of police under section 23D(2), that information ”.

I1388

In section 23F (collaboration agreements: guidance), for “police authorities” (in each place) substitute “ policing bodies ”.

I1399

In section 23G (collaboration agreements: directions), in subsections (1) and (2), for “police authorities” substitute “ policing bodies ”.

I14010

After section 23H insert—

23HADecisions about efficiency or effectiveness
In reaching a conclusion about whether or not a collaboration agreement is, or would be, in the interests of efficiency or effectiveness of one or more police forces (the “police forces under consideration”), a person must, in particular, consider—
a
the existing collaboration agreements, and other arrangements for co-operation, to which the police forces under consideration are parties;
b
the desirability of police forces taking a consistent approach in making such agreements and other arrangements; and
c
the opportunities available to the police forces under consideration to make such agreements and other arrangements.

I14111

1

Section 23I (collaboration agreements: definitions) is amended in accordance with this paragraph.

2

In subsection (1), for “23” substitute “ 22A ”.

3

In subsection (4), for the words before paragraph (a) insert—

4
Policing body” means—
aa
a local policing body,

4

After subsection (4) insert—

5
The following expressions have the meanings given in section 22A—
“collaboration agreement”;
“force collaboration provision”;
“policing body collaboration provision”;
“policing body & force collaboration provision”.
6
References to the police force which a policing body is responsible for maintaining include—
a
in the case of the British Transport Police Authority, the British Transport Police, and
b
in the case of the Civil Nuclear Police Authority, the Civil Nuclear Constabulary.
7
References to a police force include—
a
references to the special constables appointed by a chief officer of police, and
b
references to the civilian employees of the police force;
and references to the members of a police force are to be read accordingly.
8
For that purpose “civilian employee” means—
a
in the case of a police force maintained under section 2 or 5A, the members of the civilian staff of that force;
b
in the case of any other police force, the employees of the policing body responsible for maintaining that force who are under the direction and control of the chief officer of police of that force.

SCHEDULE 13Police powers for civilian employees under collaboration agreements

Section 90

Police Act 1996

I1421

After section 23A of the Police Act 1996 insert—

23AAForce collaboration provision about civilian employees
1
This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by designated civilian employees of one police force (the “assisting force”) for the purposes of another police force (the “assisted force”).
2
The force collaboration provision must specify—
a
the functions which the designated civilian employees are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and
b
any restrictions or conditions on that permission for the designated civilian employees to discharge those functions.
3
The force collaboration provision must not permit the designated civilian employees to discharge functions for the purposes of the assisted force unless those employees are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.
4
The force collaboration provision does not authorise the designated civilian employees to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).
5
References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force include references to—
a
the joint discharge of functions by the civilian employees and members of the assisted police force,
b
the discharge of functions by the civilian employees in the assisted force's area, and
c
the provision of the civilian employees to the assisted force.
6
In this section—
“designated”, in relation to a civilian employee of a police force, means designated by the chief officer of police of that force by a section 38 designation;
“relevant section 38 designation”, in relation to a designated civilian employee, means the section 38 designation relating to the employee;
“section 38 designation” means a designation under section 38 of the Police Reform Act 2002.

Police Reform Act 2002

I1432

The Police Reform Act 2002 is amended as follows.

I1443

After section 38A insert—

38BPolice powers for civilian employees under collaboration agreements
1
The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—
a
is a civilian employee of another police force (the “assisting force”),
b
is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and
c
is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.
2
The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of one or more of the descriptions specified in section 38(2).
3
The collaboration designation may designate C as an officer of a particular description specified in section 38(2) only if the section 38 designation designates C as an officer of that description.
4
C shall have the powers and duties conferred or imposed on C by the collaboration designation.
5
A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.
6
C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.
7
The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.
8
Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.
9
C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.
10
References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force have the same meaning as in section 23B of the Police Act 1996.
11
In this section—
“civilian employee” has the meaning given by section 23I of the Police Act 1996;
“relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.
38CDesignations under section 38B: supplementary provision
1
The collaboration designation of C must be in accordance with the relevant police collaboration provision.
2
Subsection (1) is in addition to section 38B(5) and (8).
3
Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.
4
In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—
a
as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and
b
accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.
5
Expressions used in this section and section 38B have the same meanings in this section as in section 38B.

I1454

1

Section 42 (supplementary provisions relating to designations and accreditations) is amended in accordance with this paragraph.

2

In subsection (1), after “section 38” insert “ , 38B ”.

3

After subsection (2) insert—

2ZA
A power exercisable by any person in reliance on a designation under section 38B by the chief officer of police of the assisted force shall, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—
a
determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and
b
identified or described in the designation.
In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B.

4

In subsection (2A), after “subsection (2)” insert “ or (2ZA) ”.

5

In subsection (2B), after “section 38” insert “ (in relation to subsection (2)) or section 38B (in relation to subsection (2ZA)) ”.

6

In subsection (3), after “section 38” insert “ , 38B ”.

7

After subsection (7) insert—

7A
For the purposes of determining liability for the unlawful conduct of a civilian employee of a police force (within the meaning of section 38B), conduct by such an employee in reliance or purported reliance on a designation under section 38B shall be taken to be conduct in the course of the employee's employment by the employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.

I1465

In section 46 (offences against designated and accredited persons etc), after subsection (4) insert—

5
References in this section to a designated person are to—
a
a designated person within the meaning given by section 47(1), and
b
a person in relation to whom a designation under section 38B is for the time being in force.

Railways and Transport Safety Act 2003

I1476

In section 28 of the Railways and Transport Safety Act 2003 (exercise of powers by civilians), after subsection (1)(aa) insert—

ab
sections 38B and 38C (police powers for civilian employees under collaboration agreements),

SCHEDULE 14Police: complaints

Section 95

Introduction

I171

The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

I182

In section 9(2)(b) (minimum number of members of Commission), for “ten” substitute “ five ”.

I193

In Schedule 2 (the Independent Police Complaints Commission), in paragraph 10 (proceedings), omit sub-paragraph (6).

Complaints about policing

I148 C4 I6944

Omit section 14 (direction and control matters).

I6955

1

In section 29(1) (interpretation of Part 2), in the definition of “conduct” in subsection (1), for “and statements” substitute “ , statements and decisions ”.

2

In Schedule 3 (handling of complaints and conduct matters), in paragraph 4 (reference of complaints to the Commission), after sub-paragraph (7) insert—

8
In a case where—
a
a complaint relates to a direction and control matter, and
b
there is no obligation under this paragraph for the appropriate authority to refer the complaint to the Commission,
the appropriate authority may refer the complaint to the Commission under this paragraph only if the Commission consents.

I6966

In consequence of paragraph 4—

a

in section 10 (general functions of the Commission), omit subsection (8);

b

in section 13 (handling of complaints, conduct matters and DSI matters etc), omit “subject to section 14(1)”.

Power of local policing body to direct chief officer of police to comply with obligations

I149 I6977

In section 15 (general duties of local policing bodies, chief officers and inspectors), after subsection (2) insert—

2A
Subsection (2B) applies in a case where it appears to a local policing body that—
a
an obligation to act or refrain from acting has arisen by or under this Part,
b
that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and
c
the chief officer has not yet complied with that obligation, or has contravened it.
2B
The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.
2C
The chief officer must comply with any direction given under subsection (2B).

Initial handling and recording of complaints

I6988

I1501

In Schedule 3 (handling of complaints and conduct matters), paragraph 2 (initial handling and recording of complaints) is amended in accordance with sub-paragraphs (2) to (5).

I1502

For sub-paragraph (1) substitute—

1
Where a complaint is made to the Commission, it shall give notification of the complaint to the appropriate authority.
1A
But the Commission need not give that notification if the Commission considers that there are exceptional circumstances that justify its not being given.

I1503

Omit sub-paragraph (4).

4

In sub-paragraph (5)—

a

in the words before sub-paragraph (a)—

i

omit the words from “or the Commission” to “sub-paragraph (4)”;

ii

omit “or, as the case may be, the Commission”;

b

omit sub-paragraph (b) (and the word “or” preceding it).

F1875

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In consequence of the amendments made by sub-paragraphs (2) to (5)—

a

in section 12(2) (complaints, matters and persons to which Part 2 applies), omit “, paragraph 2(4) of Schedule 3”;

b

in section 29(1) (interpretation of Part 2), omit paragraph (b) of the definition of “recordable conduct matter”.

Handling of complaints by the appropriate authority

I6999

1

In Schedule 3 (handling of complaints and conduct matters), for paragraph 6 (handling of complaints by the appropriate authority) substitute—

6
1
This paragraph applies where a complaint has been recorded by the appropriate authority.
2
But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the Commission under paragraph 4, unless the complaint is for the time being—
a
referred back to the authority under paragraph 5, or
b
the subject of a determination under paragraph 15.
3
Subject to paragraph 7, the appropriate authority shall determine whether or not the complaint is suitable for being subjected to local resolution.
4
If the appropriate authority determines that the complaint is suitable for being subjected to local resolution, it shall make arrangements for it to be so subjected.
5
If the appropriate authority determines that the complaint is not so suitable, it shall make arrangements for the complaint to be investigated by the authority on its own behalf.
6
A determination that a complaint is suitable for being subjected to local resolution may not be made unless the following conditions are both met.
7
The first condition is that the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings against the person whose conduct is complained of.
8
The second condition is that the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not involve the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).
9
In a case where this paragraph applies to a complaint by virtue of sub-paragraph (2)(b), a determination that the complaint is suitable for being subjected to local resolution may not be made unless the Commission approves the determination.
10
No more than one application may be made to the Commission for the purposes of sub-paragraph (9) in respect of the same complaint.
11
Sub-paragraph (9) (where applicable) is in addition to sub-paragraphs (6) to (8).

F1882

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In section 22 (power of the Commission to issue guidance), in subsection (5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-paragraph (i)).”.

Disapplication of requirements of Schedule 3 to 2002 Act

F189 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct matters arising in civil proceedings

I70011

1

In Schedule 3 (handling of complaints and conduct matters), paragraph 10 (conduct matters arising in civil proceedings) is amended in accordance with sub-paragraphs (2) to (4).

2

In sub-paragraph (3), for “record that matter” substitute “ determine whether the matter is one which it or he is required to refer to the Commission under paragraph 13 or is one which it would be appropriate to so refer ”.

3

For sub-paragraph (4) substitute—

4
In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.
4A
In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.
4B
In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.
4C
In any other case, the appropriate authority may (but need not) record the matter.
4D
In a case where the appropriate authority—
a
records a matter under this paragraph, and
b
is not required to refer the matter to the Commission under paragraph 13 and does not do so,
the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.

4

In sub-paragraph (5), for “sub-paragraph (3)” substitute “ sub-paragraph (4) or (4B) ”.

5

In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “ 10(4D) ”.

Recording etc of conduct matters in other cases

I70112

1

In Schedule 3 (handling of complaints and conduct matters), paragraph 11 (recording etc of conduct matters in other cases) is amended in accordance with sub-paragraphs (2) to (4).

2

In sub-paragraph (1)—

a

for the words before paragraph (a) substitute—

1
This paragraph applies where—

b

omit the words after paragraph (b).

3

For sub-paragraph (3) substitute—

3
The appropriate authority must determine whether the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer.
3A
In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.
3B
In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.
3C
In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.
3D
In any other case, the appropriate authority may (but need not) record the matter.
3E
In a case where the appropriate authority—
a
records a matter under this paragraph, and
b
is not required to refer the matter to the Commission under paragraph 13 and does not do so,
the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.

4

In sub-paragraph (4), for “sub-paragraph (1)” substitute “ sub-paragraph (3A) or (3C) ”.

5

In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “ 11(3E) ”.

Power to discontinue an investigation

F190 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties with respect to disciplinary proceedings

I70214

1

Schedule 3 is amended in accordance with this paragraph.

F1912

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i) insert—

ia
whether or not any such person's performance is unsatisfactory, and

F1924

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1925

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of appeal

I70315

Schedule 3 (handling of complaints and conduct matters) is amended in accordance with the following paragraphs of this Schedule.

F193 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F195 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I70420

1

In the italic heading that precedes paragraph 25 (appeals to the Commission with respect to an investigation), omit “to the Commission”.

2

Paragraph 25 is amended in accordance with the following provisions of this paragraph.

F1813

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1814

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1815

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1816

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1817

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1818

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1819

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In sub-paragraph (10)—

a

in the words before paragraph (a), for “Commission” substitute “ relevant appeal body ”;

b

in sub-paragraph (a), after “authority” insert “ (unless it is the relevant appeal body) ”;

c

in sub-paragraph (d), for “Commission” substitute “ relevant appeal body ”.

F19713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In sub-paragraph (13), for “Commission” substitute “ relevant appeal body ”.

I70521

In paragraph 29 (minor definitions), before the definition of “gross misconduct” insert—

“direction and control matter” means a matter that relates to the direction and control of a police force by—
a
the chief officer of police of that force, or
b
a person for the time being carrying out the functions of the chief officer of police of that force;

I70622

After paragraph 29 insert—

Appeals: the relevant appeal body
30
1
The relevant appeal body in relation to an appeal is—
a
the Commission, in a case where the relevant complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph; or
b
the chief officer of police who is the appropriate authority in relation to the relevant complaint, in any other case.
2
In this paragraph and paragraphs 31 and 32—
“appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);
“relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.
31
1
This paragraph applies in a case where—
a
an appeal is made to the Commission, and
b
the appropriate authority is the relevant appeal body in relation to the appeal.
2
The Commission must—
a
forward the appeal to the appropriate authority; and
b
notify the person who made the appeal—
i
that the appropriate authority is the relevant appeal body; and
ii
the appeal has been forwarded.
3
The appeal is to be taken to have been—
a
made to the appropriate authority, and
b
so made at the time when it is forwarded to the appropriate authority.
32
1
This paragraph applies in a case where—
a
an appeal is made to the appropriate authority; and
b
the Commission is the relevant appeal body in relation to the appeal.
2
The appropriate authority must—
a
forward the appeal to the Commission; and
b
notify the person who made the appeal—
i
that the Commission is the relevant appeal body; and
ii
the appeal has been forwarded.
3
The appeal is to be taken to have been—
a
made to the Commission; and
b
so made at the time when it is forwarded to the Commission.

SCHEDULE 15Police reform: transitional provision

Section 98

Part 1Chief officers of police

Current chief officers to remain in post

I151 I7071

1

At the relevant commencement time a person who, immediately before that time, is in post as the existing chief officer of the police force for a police area becomes the new chief officer of that police force.

2

Where a person has, prior to the relevant commencement time, accepted an appointment as the existing chief officer of the police force for a police area which is to come into effect at a time (the “effective time”) which falls at or after the relevant commencement time, that appointment is to take effect at the effective time as an appointment as the new chief officer of that police force.

3

Sub-paragraph (2) is without prejudice to any right of the person appointed not to take up the appointment.

Transfer of rights and liabilities

I152 I7082

At the relevant commencement time, all rights and liabilities which immediately before that time were rights and liabilities of the existing chief officer of the police force for a police area are to transfer to the new chief officer of that police force.

Relevant legislative provisions

I153 I7093

1

Any relevant legislative provision which, immediately before the relevant commencement time, applied to chief constables of police forces maintained under section 2 of the Police Act 1996 is to apply after that time in the same way to chief constables established under section 2 of this Act (except where the context otherwise requires).

2

Any relevant legislative provision which, immediately before the relevant commencement time, applied to the Commissioner of Police of the Metropolis is to apply after that time in the same way to the Commissioner of Police of the Metropolis established under section 4 of this Act (except where the context otherwise requires).

3

Sub-paragraphs (1) and (2) are subject to any provision to the contrary made—

a

by or under this Act, or

b

by any other Act passed, or subordinate legislation made, on or after the passing of this Act.

4

In this paragraph—

“relevant legislative provision” means—

a
provision of an Act made before the relevant commencement day, or
b
provision of an instrument made before the relevant commencement day under a public general Act which is of a legislative character;

but provision which applies only to specified chief constables of police forces maintained under section 2 of the Police Act 1996 is not relevant legislative provision.

Interpretation

I154 I7104

In this Part “relevant commencement time” means—

a

in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 2 comes into force in relation to that area;

b

in relation to the metropolitan police district, the time when section 4 comes into force.

Part 2Initial transfer from police authorities

Transfer of property, rights and liabilities

I155 I7115

1

At the relevant commencement time, all property, rights and liabilities which immediately before that time were property, rights and liabilities of the existing police authority for a police area are to transfer to, and by virtue of this paragraph vest in, the new policing body for that police area.

2

This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 6).

Transfer of staff

I156 I7126

1

Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the relevant commencement time is a member of the staff of the existing police authority for a police area (the “existing employer”).

2

A contract of employment between a person to whom this paragraph applies and the existing employer is to have effect from the relevant commencement time as if originally made between that person and the new policing body for the police area in relation to which the existing employer was established (the “new employer”).

3

Sub-paragraph (2) does not break the continuity of a person's employment and accordingly such a person's period of employment with the existing employer counts as a period of employment with the new employer for the purposes of the Employment Rights Act 1996.

4

Without prejudice to sub-paragraph (2)—

a

all the existing employer's rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies are by virtue of this paragraph transferred to the new employer at the relevant commencement time; and

b

anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

5

Sub-paragraphs (2) to (4) are without prejudice to any right of a member of staff to terminate the contract of employment if a substantial change is made to the person's detriment in the person's working conditions; but no such right arises by reason only of the change in employer effected by this paragraph.

6

Where a person—

a

has, prior to the relevant commencement time, entered into a contract of employment with an existing police authority which is to come into effect at or after that time; and

b

would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

the chief officers' powers of direction and control referred to include powers of engagement and dismissal.

Seconded staff

I158 I7148

In the case of a person who, immediately before the relevant commencement time, is seconded to the existing police authority for a police area, the secondment is to have effect, after that time, as a secondment to the new policing body for that police area.

Interpretation

I159 I7159

In this Part “relevant commencement time” means—

a

in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 1 comes into force in relation to that area;

b

in relation to the metropolitan police district, the time when section 3 comes into force.

Part 3Subsequent transfer by new policing body

a

must be in writing; and

b

may be varied or revoked by a further direction.

I161 I71711

1

The Secretary of State may make one or more transfer schemes in relation to a new policing body if—

a

the body does not comply with a direction given to it under paragraph 10, or

b

the Secretary of State decides not to approve one or more schemes submitted by that body under paragraph 10.

2

A scheme made by the Secretary of State under this paragraph is to be treated as if made by the new policing body.

I162 I71812

A transfer scheme may provide, in the case of a person who is seconded to the new policing body, that the secondment is to have effect as a secondment to—

a

the civilian staff of the police force, or

b

a local authority.

2

The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of the person's secondment.

I165 I72115

1

A transfer scheme may provide for the transfer to the chief officer of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the civilian staff of the police force.

2

A transfer scheme may provide for the transfer to a local authority of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of that local authority.

3

a

create rights or interests, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme or retained by the transferor under the scheme or create rights or liabilities as between the transferor and transferee under the scheme, and

b

apportion property, rights and liabilities between the new policing body and the chief officer.

Supplementary

6

Anything which—

a

was made or done by or in relation to the transferor for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred, and

b

is in effect immediately before the transfer takes effect,

6

A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.

In this paragraph—

“relevant document” means—
1. a
  any enactment, other than an enactment contained in this Act;
2. b
  any subordinate legislation made otherwise than under this Act; or
3. c
  any deed or other instrument;
“statutory transfer” means a transfer under Part 1 or 2 of this Schedule;
“transfer scheme” means a transfer scheme under Part 3.

ii

a new policing body in relation to the financial year in which that body is established;

c

provide for a person who, in acting in accordance with such a direction, fails to comply with a code of practice or other document relating to proper accounting practice to be taken not to have so failed to comply.

Part 5Interpretation

I174 I73025

In this Schedule—

“existing chief officer” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable of the police force for that area before the coming into force of section 2 of this Act in relation to that area;
2. b
  in relation to the metropolitan police district, the Commissioner of Police of the Metropolis immediately before the coming into force of section 4;
“existing police authority” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police authority established under section 3 of that Act for that area;
2. b
  in relation to the metropolitan police district, the Metropolitan Police Authority;
“local authority” means—
1. a
  in relation to England, a county council or a district council;
2. b
  in relation to Wales, a county council or a county borough council;
“new chief officer” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable established for that police area under section 2 of this Act;
2. b
  in relation to the metropolitan police district, the Commissioner of Police of the Metropolis established under section 4;
“new policing body” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for that area;
2. b
  in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;
“police force” means—
1. a
  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police force maintained for that area under section 2 of that Act;
2. b
  in relation to the metropolitan police district, the metropolitan police force;
“transfer scheme”, in relation to an existing police authority, means a scheme for transferring staff, property, rights or liabilities of that authority.

SCHEDULE 16Police reform: minor and consequential amendments

Section 99

Part 1Police Act 1996

I1751

The Police Act 1996 is amended in accordance with this Part.

I7312

For the italic cross-heading before section 1 substitute— “ Police areas and police forces ”.

I7323

Omit the italic cross-heading before section 2.

I7334

1

Section 2 (maintenance of police forces) is amended in accordance with this paragraph.

2

The existing provision of section 2 becomes subsection (1) of that section.

3

After that subsection, insert—

2
For further provision about the maintenance of those police forces, see Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act 2011.

I7345

Omit—

a

sections 3 to 5, and

b

the italic cross-heading before section 5A.

I1766

1

Section 5A (maintenance of the metropolitan police force) is amended in accordance with this paragraph.

2

The existing provision of section 5A becomes subsection (1) of that section.

3

After that subsection, insert—

2
For further provision about the maintenance of the metropolitan police force, see Chapter 2 of Part 1 of the Police Reform and Social Responsibility Act 2011.

I1777

Omit sections 5B to 6.

I7358

Before section 6ZA insert the following cross-heading— “ The City of London ”.

I7369

After that cross-heading insert—

6AZACommon Council to remain police authority for City
The Common Council of the City of London is to continue to be the police authority for the City of London police area.

I73710

1

Section 6ZA (power to confer particular functions on police authorities) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ the Common Council ”.

3

In subsection (1), for “police authorities” substitute “ the Common Council ”.

4

In subsection (2)—

a

for “a police authority” substitute “ the Common Council ”;

b

for “police force maintained for its area” substitute “ the City of London police force ”;

c

for “the authority” substitute “ the Common Council ”.

5

In subsection (3), for paragraphs (a) and (b) substitute—

a
the Common Council,
b
the Commissioner of Police for the City of London, and

6

Omit subsection (4).

I73811

1

Section 6ZB (plans by police authorities) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ the Common Council ”.

3

In subsection (1)—

a

for “every police authority” substitute “ the Common Council ”;

b

for “the authority's” substitute “the Common Council's”;

c

for “its area” substitute “ the City of London police area, and for the discharge by the City of London Police of its national or international functions ”.

4

For subsection (2) substitute—

2
In issuing a policing plan, the Common Council must have regard to the strategic policing requirement issued under section 37A.

5

In subsection (3)—

a

for “a police authority” substitute “ the Common Council ”;

b

for “relevant chief officer of police” substitute “ Commissioner of Police for the City of London ”;

c

for “the authority” substitute “ the Common Council ”.

6

In subsection (4)—

a

for “a police authority” substitute “ the Common Council ”;

b

for “relevant chief officer of police” (in the first place) substitute “ Commissioner of Police for the City of London ”;

c

for “authority for” substitute “ Common Council for ”;

d

for “Authority shall” substitute “ Common Council shall ”;

e

for “relevant chief officer of police” (in the second place) substitute “ Commissioner of Police for the City of London ”.

7

In subsection (8), for paragraphs (a) and (b) substitute—

a
the Common Council,
b
the Commissioner of Police for the City of London, and

8

Omit subsection (9).

9

Omit subsection (11).

I73912

1

Section 6ZC (reports by police authorities) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ the Common Council ”.

3

In subsection (1)—

a

for “police authorities” substitute “ the Common Council ”;

b

for “policing of their areas” substitute “ discharge of the Common Council's functions ”.

4

In subsection (3), for paragraphs (a) and (b) substitute—

a
the Common Council,
b
the Commissioner of Police for the City of London, and

5

Omit subsection (4).

I17813

Omit sections 8A to 9G.

I17914

Before section 9H insert the following cross-heading— “ Police ranks ”.

I74015

Omit sections 10 to 12A.

I18016

Omit sections 14 to 17.

I74117

Before section 18 insert the following cross-heading— “ City of London ”.

18 I1811

Section 18 (supply of goods and services) is amended in accordance with this paragraph.

I1812

In subsection (1), omit paragraph (a).

I7423

In subsection (1)(b)—

a

for “shall also apply with that modification” substitute “ shall, ”;

b

at the end insert “ , apply with the modification set out in subsection (2) ”.

I7424

In subsection (3)—

a

for “A police authority” substitute “ The Common Council in its capacity as police authority ”;

b

for “another police authority” substitute “ another local policing body ”;

c

for “a police authority collaboration agreement” substitute “ force collaboration provision in a collaboration agreement ”.

I74319

Omit sections 19 to 21.

I74420

Omit the cross-heading “General provisions” before section 22.

After section 22 insert the following cross-heading— “ General provisions ”.

I18323

1

Section 24 (aid of one police force by another) is amended as follows.

2

In subsection (3), for “sections 9A and 10(1)” substitute “ sections 2 and 4 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) ”.

3

For subsection (3A) substitute—

3A
While a member of the civilian staff of a police force maintained under section 2, or a member of the civilian staff of the metropolitan police force, is provided under this section for the assistance of another police force, that member of staff is, notwithstanding section 2 or 4 of the 2011 Act, under the direction and control of the chief officer of police of that other force.

b

for “that authority” substitute “ that body ”.

for “the police authority that maintains a police force” substitute “ the chief officer of a police force ”.

I18828

1

Section 30 (jurisdiction of constables) is amended in accordance with this paragraph.

2

In subsection (3A)—

a

for “section 24” substitute “ section 22A ”;

b

for “police authority” substitute “ local policing body ”.

3

In subsection (3B), for “police force collaboration agreement under section 23” substitute “ collaboration agreement under section 22A ”.

I18929

For section 31 (rewards for diligence) substitute—

31Rewards for diligence
1
The chief constable of a police force maintained under section 2 may grant to members of that police force rewards for exceptional diligence or other specially meritorious conduct.
2
The Commissioner of Police of the Metropolis may grant to members of the metropolitan police force rewards for exceptional diligence or other specially meritorious conduct.
3
The Common Council may, on the recommendation of the Commissioner of Police for the City of London, grant out of the City of London police fund to members of the City of London police force rewards for exceptional diligence or other specially meritorious conduct.

I19030

1

Section 39A (codes of practice for chief officers) is amended as follows.

2

Omit subsection (3).

F313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 I1911

Section 42A is amended in accordance with this paragraph.

I7462

In the title, for “removal of senior officers” substitute “ exercise of powers under section 42 ”.

I1913

In subsection (1), omit “9E, 11 or”.

I1914

In subsection (2), for paragraph (a) substitute—

a
the Mayor's Office for Policing and Crime;

I19232

In section 50 (regulations for police forces), in subsection (4)(a), for “police authorities” substitute “ local policing bodies ”.

I19333

In section 51 (regulations for special constables), in subsection (3A)(a), for “police authorities” substitute “ local policing bodies ”.

I19434

In section 52 (regulations for police cadets), in subsection (1A)(a), for “police authorities” substitute “ local policing bodies ”.

35 I1951

Section 53A (regulation of procedures and practices) is amended in accordance with this paragraph.

I7472

In subsection (2), omit paragraph (b) (and the word “and” at the end of paragraph (a)).

F32 I1953

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7474

Omit subsection (5).

I7475

In subsection (6), omit paragraph (a).

36 I1961

Section 57 (common services) is amended in accordance with this paragraph.

I1962

In subsection (4), for paragraph (a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
aa
the Mayor's Office for Policing and Crime,
ab
the Common Council,

I7483

Omit subsections (5) and (6).

I19737

In section 60 (regulations for Police Federations), in subsection (2)—

a

in paragraph (c), after “Federations to” insert “ local policing bodies, ”;

b

in paragraph (d), after “provided by” insert “ local policing bodies or ”.

F39 I19838

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I19939

In section 63 (Police Advisory Boards for England and Wales and for Scotland), in subsection (2), after “interests” insert “ of local policing bodies, ”.

I20040

In section 84 (representation etc at disciplinary and other proceedings), in the definition of “relevant authority” in subsection (4)—

a

in paragraph (a), for “a senior officer” substitute “ the chief officer of police ”;

b

in paragraph (b), for “a senior officer, the police authority” substitute “ the chief officer of police, the local policing body ”.

I20141

In section 87 (guidance concerning disciplinary proceedings etc), in subsection (1)—

a

for paragraph (a) substitute—

a
local policing bodies,

b

for paragraph (e), substitute—

e
members of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011).

I20242

1

Section 88 (liability of wrongful acts of constables) is amended in accordance with this paragraph.

2

In subsections (2)(b) and (4), for “police authority” substitute “ local policing body ”.

3

In subsection (5)—

a

in paragraph (a), for “police authority” substitute “ local policing body ”;

b

in paragraph (c), for “authority's” substitute “local policing body's”.

4

In subsection (5A), for “police authority” (in each place) substitute “ local policing body ”.

5

In subsection (6), for “police authority” (in each place) substitute “ local policing body ”.

I20343

In section 93 (acceptance of gifts or loans), in subsection (1), for “the authority” substitute “ the body ”.

I20444

In section 97 (police officers engaged on service outside their force), in subsection (2), for “police authority” (in each place) substitute “ local policing body ”.

I20545

1

Section 98 (cross-border aid of one police force by another) is amended in accordance with this paragraph.

2

In subsection (6)—

a

for “police authority” (in each place) substitute “ local policing body ”;

b

for “those authorities” substitute “ those bodies ”;

c

for “police authorities” substitute “ local policing bodies ”.

3

Before subsection (7) insert—

6B
In this section “local policing body” includes—
a
a police authority in Scotland, and
b
the Northern Ireland Policing Board.

I20646

Omit Schedules 2 and 2A.

I20747

1

Schedule 6 (appeals to Police Appeals Tribunals) is amended in accordance with this paragraph.

2

In paragraph 2(1)—

a

for “four members” substitute “ three members ”;

F186b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in sub-paragraph (b), at the end insert “ and ”;

d

omit sub-paragraph (c).

3

In paragraph 9, for “relevant police authority” (in each place) substitute “ relevant local policing body ”.

4

In paragraph 10(b), for “relevant police authority” means the police authority” substitute “relevant local policing body” means the local policing body”.

Part 2Greater London Authority Act 1999

I20848

The Greater London Authority Act 1999 is amended in accordance with this Part.

I20949

In section 45 (Mayor's periodic report to Assembly), in subsection (7)(b), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I21050

In section 54 (discharge of functions by committees or single members), omit subsection (6).

I21151

In section 61 (power to require attendance at Assembly meetings), in subsection (12), omit paragraph (a).

I21252

In section 86 (provisions supplemental to section 85), in subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I21353

1

Section 90 (the special item for the purposes of section 89) is amended as follows.

2

In subsection (1), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

3

In subsection (2)—

a

for “Metropolitan Police Authority” (in each place) substitute “ Mayor's Office for Policing and Crime ”;

b

in paragraph (b), for “that Authority” substitute “ that Office ”.

I21454

In section 389 (the Superannuation Act 1972), in subsection (1)(d), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I21555

In section 404 (discrimination), in subsection (1)(b), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I74956

In section 408 (transfers of property, rights or liabilities), in subsection (2), for paragraph (f) substitute—

f
a police and crime commissioner;

I21657

In section 411 (pensions), omit subsection (9).

I21758

In section 419 (taxation), in subsection (1)(b), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I21859

In Schedule 4 (exercise of functions during vacancy or temporary incapacity of Mayor), omit—

a

paragraph 9, and

b

paragraph 17.

Part 3Other enactments

Tramways Act 1870

I21960

In the Tramways Act 1870, in the heading of section 61 (power for local or police authorities to regulate traffic in roads), for “local or police authorities” substitute “ local authorities and police ”.

Riot (Damages) Act 1886

F150 I22061

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Property) Act 1897

I22162

1

In the Police (Property) Act 1897, section 2 (regulations with respect to unclaimed property in possession of police) is amended as follows.

2

In subsection (2A)—

a

for “relevant authority” (in each place) substitute “ relevant body ”;

b

in paragraph (d), for “the authority” substitute “ the relevant body ”.

3

In subsection (2B)—

a

for “relevant authority” substitute “ relevant body ”;

b

for “police authority” substitute “ local policing body ”.

Licensing Act 1902

I22263

In the Licensing Act 1902, in section 6 (prohibition on sale of liquor to persons declared to be habitual drunkards), for “police authority” (in each place) substitute “ local policing body ”.

Local Government (Emergency Provisions) Act 1916

I22364

In the Local Government (Emergency Provisions) Act 1916, in section 21 (interpretation), after “Provided that where any such authority is” insert “ a local policing body or ”.

Police, Factories, &c (Miscellaneous Provisions) Act 1916

I22465

1

In the Police, Factories, &c (Miscellaneous Provisions) Act 1916, section 5 (regulation of street collections) is amended as follows.

2

In subsection (1A), for paragraph (b) substitute—

b
the Mayor's Office for Policing and Crime, and

3

In subsection (2)(b), for “a police authority” substitute “ the Mayor's Office for Policing and Crime ”.

Children and Young Persons Act 1933

I22566

The Children and Young Persons Act 1933 is amended as follows.

I22667

In section 7 (sale of tobacco, etc, to persons under 18), in subsection (3), for “police authority” substitute “ local policing body ”.

I22768

In section 12 (failing to provide for safety of children at entertainments), in subsection (5)(b), for “police authority” substitute “ chief officer of police ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

I22869

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

I22970

In section 18 (protection of tenure, in connection with employment, under a licence or a rent-free letting, by extension of the Rent Acts), in subsection (6)—

a

after “either by the” insert “ relevant local policing body or ”;

b

for “that authority” substitute “ that body or authority ”.

I23071

In section 20 (modifications of Rent Acts as respects occupation by employees), in subsection (3)(b), after “required by the” insert “ relevant local policing body or ”.

I23172

In section 23 (interpretation of Part 2), in subsection (1), in the definition of “relevant police authority”—

a

for “ “relevant police authority”” substitute “ “relevant local policing body” or “relevant police authority””;

b

for “the police authority” substitute “ the local policing body or the police authority ”.

I23273

In Schedule 2 (capacities in respect of which payments may be made under Part 5, and paying authorities), in Part 1, in the second column of entry number 4, at the beginning insert “ The local policing body or ”.

Town and Country Planning Act 1959

I75074

In the Town and Country Planning Act 1959, in Part 1 of Schedule 4 (authorities in England and Wales to whom Part 2 applies), omit paragraph 8.

Land Compensation Act 1961

I75175

In the Land Compensation Act 1961, in section 29 (interpretation of Part 4), in the definition of “local authority” in subsection (1), in paragraph (a) omit “, or a combined police authority”.

Trustee Investments Act 1961

I75276

The Trustee Investments Act 1961 is amended as follows.

I75377

In section 11 (Local Authority investment schemes), in subsection (4)(a), for the words from “police authority” to “1996” substitute “ police and crime commissioner ”.

I75478

In Schedule 1 (manner of investment), in Part 2 (narrower-range of investments requiring advice), in paragraph 9, for paragraph (d) substitute—

d
a police and crime commissioner;

Local Government (Records) Act 1962

I23379

The Local Government (Records) Act 1962 is amended as follows.

I23480

In section 2 (acquisition and deposit of records), in subsection (6), omit the words from “to a police authority” to “Metropolitan Police Authority,”.

I23581

In section 8 (interpretation), in subsection (1), omit the words from “a police authority” to “Metropolitan Police Authority,”.

Pipe-lines Act 1962

I23682

In the Pipe-lines Act 1962, in section 37 (fire brigades, police etc to be notified of certain pipe-line accidents and to be furnished with information), in subsections (1)(a) and (2)(a), after “rescue authority” insert “ , local policing body ”.

Offices, Shops and Railway Premises Act 1963

I23783

In the Offices, Shops and Railway Premises Act 1963, in section 90 (interpretation), in subsection (4)(c), after “maintained by” insert “ a local policing body or ”.

Local Government Act 1966

I23884

In the Local Government Act 1966, in section 11 (grants for certain expenditure due to ethnic minority population), in subsection (2) for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Leasehold Reform Act 1967

85 I2391

In the Leasehold Reform Act 1967, section 28 (retention or resumption of land required for public purposes) is amended in accordance with this paragraph.

I2392

In subsection (5)(a), for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner and the Mayor's Office for Policing and Crime ”.

I7553

In subsection (6), omit the second paragraph (a) (which appears after “However—”).

Superannuation (Miscellaneous Provisions) Act 1967

I24086

The Superannuation (Miscellaneous Provisions) Act 1967 is amended as follows.

I24187

1

Section 11 (pensions of certain persons transferring to different employment) is amended in accordance with this paragraph.

2

In subsection (8), for “police authority” substitute “ police pension authority ”.

3

After subsection (8) insert—

9
In this section “police pension authority” means—
a
the chief constable of any police force maintained under section 2 of the Police Act 1996;
b
the Commissioner of Police of the Metropolis;
c
the Common Council of the City of London in its capacity as a police authority; and
d
any police authority within the meaning of the Police (Scotland) Act 1967.

I24288

1

Section 15 (superannuation of metropolitan civil staffs) is amended in accordance with this paragraph.

2

In subsection (1), in paragraph (a)(i), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis ”.

3

For subsection (2) substitute—

2
The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.
2ZA
The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.

4

In subsection (2A)—

a

for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis, ”;

b

for “it” substitute “ that Office or Commissioner ”.

5

In subsection (6), for “and with the Metropolitan Police Authority” substitute “ with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis ”.

6

In subsection (7), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis ”.

Firearms Act 1968

I24389

The Firearms Act 1968 is amended as follows.

I24490

In section 54 (application of Parts 1 and 2 to Crown servants), for subsection (3)(b) substitute—

b
a civilian officer, or

I24591

In section 57 (interpretation), in subsection (4), for the definition of “civilian officer” substitute—

“civilian officer” means—
a
as respects England and Wales—
i
a person employed by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011,
ii
a person employed by the Commissioner of Police of the Metropolis, or
iii
a person employed by the Corporation of the City of London who is under the direction and control of the Commissioner of Police for the City of London;
b
as respects Scotland, a person employed by a police authority who is under the direction and control of a chief officer of police;

Employers' Liability (Compulsory Insurance) Act 1969

I24692

In the Employers' Liability (Compulsory Insurance) Act 1969, in section 3 (employers exempted from insurance), in subsection (2)(b), for “and any police authority” substitute “ , any local policing body, any chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, and the Commissioner of Police of the Metropolis ”.

Local Authorities (Goods and Services) Act 1970

I75694

In the Local Authorities (Goods and Services) Act 1970, in section 1 (supply of goods and services by local authorities), in the definition of “public body” in subsection (4), for the words from “police authority” to “1996” substitute “ police and crime commissioner ”.

Pensions (Increase) Act 1971

I24895

The Pensions (Increase) Act 1971 is amended as follows.

I24996

In Schedule 2 (official pensions), Part 2 (pensions out of local funds) is amended in accordance with paragraphs 97 and 98.

I25097

1

Paragraph 51 is amended in accordance with this paragraph.

2

For “police authority” (in the first place) substitute “ local policing body or a chief officer of police ”.

3

In sub-paragraph (a), for “such a police authority; or” substitute “ a police authority; ”.

4

After sub-paragraph (a), insert—

aa
service as a member of staff of a police and crime commissioner;
ab
service as a member of staff of the Mayor's Office for Policing and Crime;
ac
service as a member of the civilian staff of a police force; or

5

In sub-paragraph (b), for “by such a” substitute “ by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, by the Commissioner of Police of the Metropolis or by a ”.

6

After sub-paragraph (b) insert—

In this paragraph—
a
references to the staff of a police and crime commissioner, the staff of the Mayor's Office for Policing and Crime, and the civilian staff of a police force, have the same meanings as in Part 1 of the Police Reform and Social Responsibility Act 2011;
b
“police force” includes the metropolitan police force.

I25198

In paragraph 52, after “A pension payable by” insert “ a police and crime commissioner, the Mayor's Office for Policing and Crime, a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, the Commissioner of Police of the Metropolis or ”.

I25299

In Schedule 6 (employments relevant to section 13(2)(a)), in sub-paragraph (c)—

a

after “Metropolitan Police Authority” insert “ or the Mayor's Office for Policing and Crime ”;

b

after “employment” insert “ before the repeal of section 14(4) of the Police Act 1996 ”;

c

after “Fund” insert “ or employment after that repeal ”.

Local Government Act 1972

I253100

The Local Government Act 1972 is amended as follows.

I757101

In section 60 (procedure for reviews), in subsection (2)(a)(i) and (c) and subsection (5)(b), for “police authority” substitute “ police and crime commissioner ”.

I254102

In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit the words from “and a police authority” to “Metropolitan Police Authority”.

I255103

In section 99 (meetings and proceedings of local authorities), omit the words from “police authorities” to “Metropolitan Police Authority,”.

I256104

1

Section 100J (application to new authorities, Common Council, etc) is amended in accordance with this paragraph.

2

In subsection (1), omit paragraphs (e) and (eza).

3

In subsection (3), omit “, (e), (eza)”.

4

In subsection (4)(a)—

a

after “economic prosperity board,” insert “ or ”;

b

omit the words from “or a police authority” to “Metropolitan Police Authority”.

I758105

In section 101 (arrangements for discharge of functions by local authorities), in subsection (13) omit “except a police authority”.

I759106

1

Section 107 (application of foregoing provisions to police authorities) is amended as follows.

2

In the title, for “police authorities” substitute “ the Common Council ”.

3

For subsection (1) substitute—

1
In their application to the Common Council as police authority, sections 101 to 106 shall have effect subject to the following provisions of this section (and in those provisions references to the Common Council are references to the Council as police authority).

In section 234 (authentication of documents), in subsection (4), for the words from “and a police authority” to “Metropolitan Police Authority” substitute “ , a police and crime commissioner and the Mayor's Office for Policing and Crime ”.

I266116

1

Schedule 12 (meetings and proceedings of local authorities) is amended in accordance with this paragraph.

2

In paragraph 6A(1)—

a

after “economic prosperity board,” insert “ or ”;

b

omit the words from “or a police authority” to “Metropolitan Police Authority”.

3

In paragraph 6B, omit sub-paragraph (b) (and the word “and” that precedes it).

4

In paragraph 46, omit the words from “and a police authority” to “Metropolitan Police Authority”.

Superannuation Act 1972

I267117

1

In the Superannuation Act 1972, in Schedule 1 (kinds of employment, etc, referred to in section 1), the entries headed “Other Bodies” are amended in accordance with this paragraph.

2

After the entry relating to employment by the Commissioner for Public Appointments in Scotland, insert— “ Employment by the Commissioner of Police of the Metropolis. ”.

3

For “The Metropolitan Police Authority.” substitute “ Employment by the Mayor's Office for Policing and Crime. ”.

Employment Agencies Act 1973

I268118

In the Employment Agencies Act 1973, in section 13 (interpretation), in subsection (7)—

a

in paragraph (f), omit the words from “, a police authority” to “1996”;

b

for paragraph (fa) substitute—

fa
the exercise by a police and crime commissioner of any of the commissioner's functions;
fb
the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;
fc
the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;
fd
the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;

Health and Safety at Work etc Act 1974

I269119

1

In the Health and Safety at Work etc Act 1974, section 51A (application of Part to police) is amended as follows.

2

In subsection (2)—

a

in paragraph (a), for “means the chief officer of police” substitute

means—
i
the chief officer of police of that force, or
ii
in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer,

b

in paragraph (c), for “means the person who has the direction and control of the body of constables or cadets in question” substitute

means—
i
the person who has the direction and control of the body of constables or cadets in question, or
ii
in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer.

3

In subsection (2A), after “shall” insert “ , if not a corporation sole, ”.

Local Government Act 1974

I270120

The Local Government Act 1974 is amended as follows.

I271121

In section 25 (authorities subject to investigation), in subsection (1), for paragraphs (ca) and (caa) substitute—

ca
any police and crime commissioner;
caa
the Mayor's Office for Policing and Crime;

I272122

In Schedule 5 (matters not subject to investigation), in paragraph 2 for “police authority” substitute “ local policing body ”.

House of Commons Disqualification Act 1975

I273123

In the House of Commons Disqualification Act 1975, in section 1 (disqualification of holders of certain offices and places), in subsection (1)(d) after “maintained by” insert “ a local policing body or ”.

Northern Ireland Assembly Disqualification Act 1975

I274124

In the Northern Ireland Assembly Disqualification Act 1975, in section 1 (disqualification of holders of certain offices and places), in subsection (1)(d) after “maintained by” insert “ a local policing body or ”.

Local Government (Miscellaneous Provisions) Act 1976

I275125

The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

I276126

In section 30 (power to forego repayments of advances of remuneration paid to deceased employees), for subsection (3) substitute—

3
For the purposes of this section—
a
the cases in which a person is in the employment of a local authority are to be taken to include cases where a person is a member of a police force maintained by a local authority; and
b
in such cases, references to employment are to be construed accordingly.

I277127

In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a) of the definition of “local authority”, for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Police Pensions Act 1976

I278128

The Police Pensions Act 1976 is amended as follows.

I279129

In section 1 (police pensions regulations), in subsection (2A), for “police authorities” substitute “ police pension authorities ”.

I280130

In section 6 (appeals)—

a

in subsection (1)(a), for “police authority” substitute “ police pension authority ”;

b

in subsection (2)—

i

for “police authority” substitute “ police pension authority ”;

ii

for “them” substitute “ that authority ”;

iii

for “they are” substitute “ that authority is ”;

c

in subsection (3), for “police authority” substitute “ police pension authority ”.

I281131

In section 8A (information in connection with police pensions etc), for “police authority” (in each place) substitute “ police pension authority ”.

I282132

1

Section 11 (interpretation) is amended in accordance with this paragraph.

2

In subsection (2), the second paragraph (g) becomes paragraph (h).

3

In subsection (2), for the words before paragraph (a), substitute—

2
In this Act—
“police pension authority” means—
a
the chief constable of any police force maintained under section 2 of the Police Act 1996;
b
the Commissioner of Police of the Metropolis;
c
the Common Council of the City of London in its capacity as a police authority; and
d
any police authority within the meaning of the Police (Scotland) Act 1967;
“pension supervising authority” means—
a
any local policing body within the meaning of the Police Act 1996; and
b
any police authority within the meaning of the Police (Scotland) Act 1967.
2A
But—

4

In subsection (2A), in paragraphs (a) to (h), for “it” (in each place) substitute “ “ police pension authority ” or “pension supervising authority” ”.

I283133

In Schedule 1 (pensions under repealed enactments), in paragraph 2 (forfeiture of pensions), for “police authority” (in each place) substitute “ pension supervising authority ”.

Rent (Agriculture) Act 1976

I760134

In the Rent (Agriculture) Act 1976, in section 5 (no statutory tenancy where landlord's interest belongs to Crown or to local authority etc), in subsection (3), for paragraph (baa) substitute—

baa
a police and crime commissioner;

Rent Act 1977

I761135

In the Rent Act 1977, in section 14 (landlord's interest belonging to local authority etc), in subsection (1), for paragraph (caa) substitute—

caa
a police and crime commissioner;

Highways Act 1980

I284136

The Highways Act 1980 is amended as follows.

I285137

In section 118B (stopping up of certain highways for purposes of crime prevention etc), in subsection (6), for “police authority” substitute “ local policing body ”.

I286138

In section 119B (diversion of certain highways for purposes of crime prevention etc), in subsection (6), for “police authority” substitute “ local policing body ”.

I287139

In section 120 (exercise of powers of making public path extinguishment and diversion orders), in subsection (3B), for “police authority” substitute “ local policing body ”.

Local Government, Planning and Land Act 1980

I288140

The Local Government, Planning and Land Act 1980 is amended as follows.

I289141

In section 99 (directions to dispose of land — supplementary), in subsection (4), for paragraphs (dc) and (dcc) substitute—

dc
a police and crime commissioner;
dcc
the Mayor's Office for Policing and Crime;

I290142

In Schedule 16 (bodies to whom Part 10 applies), for paragraphs 5C and 5CC substitute—

5C
A police and crime commissioner.
5CC
The Mayor's Office for Policing and Crime.

Acquisition of Land Act 1981

I762143

In the Acquisition of Land Act 1981, in section 17(4) (local authority and statutory undertakers' land), in paragraph (a) of the definition of “local authority”, omit “, a police authority established under section 3 of the Police Act 1996”.

Animal Health Act 1981

I763144

In the Animal Health Act 1981, in section 10A(1)(a) (annual review of import controls), omit “, police authorities”.

Finance Act 1981

I291145

In the Finance Act 1981, in section 107 (sale of houses at discount by local authorities etc), in subsection (3)(k)—

a

for “police authority” substitute “ local policing body ”;

b

for “1996 or” substitute “ 1996, or a police authority within the meaning of ”.

Aviation Security Act 1982

I292146

The Aviation Security Act 1982 is amended as follows.

I293147

In section 24AG (security executive groups), in subsection (2)(c), at the beginning insert “ in the case of an aerodrome in Scotland or Northern Ireland, ”.

I294148

In section 24AT (interpretation), in subsection (6)(c), at the beginning insert “ in the case of an aerodrome in Scotland or Northern Ireland, ”.

I295149

1

Section 25B (police services agreements) is amended as follows.

2

In subsection (4)(b), at the beginning insert “ in the case of an aerodrome in Scotland or Northern Ireland, ”.

3

After subsection (4) insert—

4A
Before entering into a police services agreement relating to an aerodrome in England or Wales, or a variation of such an agreement, the chief officer of police for the relevant police area must consult the local policing body for that area.

I296150

In section 25E (discharge of functions of relevant persons in relation to police services agreements), in subsection (2)(c)—

a

after “incurred by” insert “ the local policing body (in the case of an aerodrome in England or Wales) or ”;

b

after “police authority” insert “ (in the case of an aerodrome in Scotland or Northern Ireland) ”.

I297151

In section 26 (exercise of police functions at relevant aerodromes)—

a

for “police authority” (in each place) substitute “ local policing body or police authority ”;

b

in subsection (2C)(a), after “reimburse the” insert “ body or ”.

I298152

In section 29 (control of road traffic at relevant aerodromes), in subsection (2)(a), for “police authority” substitute “ chief officer of police (in the case of an aerodrome in England or Wales) or the police authority (in any other case) ”.

I299153

In section 29D (dispute resolution: powers), for “police authority” (in each place) substitute “ local policing body or police authority ”.

I300154

1

Section 31 (interpretation of Part 3 etc) is amended in accordance with this paragraph.

2

In subsection (1), in the definition of “relevant persons”, at the end insert “ , as read with subsection (1ZA) below ”.

3

After subsection (1) insert—

1ZA
In relation to a dispute about payments to be made which is within section 29A(2)(d) and concerns an aerodrome in England or Wales, “relevant persons” includes the local policing body for the relevant police area.

Local Government (Miscellaneous Provisions) Act 1982

I301155

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

I302156

In section 33 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a), for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner, the Mayor's Office for Policing and Crime, ”.

I303157

In section 41 (lost and uncollected property), in the definition of “local authority” in subsection (13), for paragraphs (ca) and (caa) substitute—

ca
a police and crime commissioner; and
caa
the Mayor's Office for Policing and Crime; and.

Stock Transfer Act 1982

I764158

In the Stock Transfer Act 1982, in Schedule 1 (specified securities), in paragraph 7(1), for sub-paragraph (ba) substitute—

ba
any police and crime commissioner.

County Courts Act 1984

I304159

In the County Courts Act 1984, in section 60 (right of audience), in subsection (3), in the definition of “local authority” for the words from “a police authority” to “Metropolitan Police Authority” substitute “ a police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Police and Criminal Evidence Act 1984

I305160

The Police and Criminal Evidence Act 1984 is amended as follows.

I306161

In section 30 (arrest elsewhere than at a police station), in subsection (4)(b), for “police authority” substitute “ local policing body ”.

I307162

In section 36 (custody officers at police stations), in subsection (9), for “police authority” substitute “ local policing body ”.

I308163

1

Section 67 (codes of practice: supplementary) is amended in accordance with this paragraph.

2

In subsection (4), for paragraph (a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
aa
the Mayor's Office for Policing and Crime,
ab
the Common Council of the City of London,

3

In subsection (9A)(a), for “police authority employees” substitute “ civilian staff ”.

Road Traffic Regulation Act 1984

I309164

The Road Traffic Regulation Act 1984 is amended as follows.

I310165

In section 26 (arrangements for patrolling school crossings), in subsection (5)—

a

for “police authority” (in the first place) substitute “ chief officer of police of the police force maintained ”;

b

for “police authority” (in the second place) substitute “ chief officer ”.

I311166

1

Section 95 (appointment of traffic wardens) is amended in accordance with this paragraph.

F1792

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In subsection (4)—

a

for “A police authority” substitute “ A person ”;

b

after “subsection (1) above” insert “ (the “employer”) ”;

c

in paragraph (a), for “the police authority provide” substitute “ the employer provides ”;

d

in paragraph (b), for “the police authority” substitute “ the employer ”.

4

In subsection (6), for “police authority” substitute “ person ”.

I312167

1

Section 97 (supplementary provisions as to traffic wardens) is amended in accordance with this paragraph.

2

In subsection (1)—

a

for “the police authority” (in the first place) substitute “ their employer ”;

b

for “the police authority” (in the second place) substitute “ that employer ”.

F1803

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In subsection (5)—

a

after “Any power” insert “ of a person ”;

b

for “police authority” substitute “ person ”.

Housing Act 1985

I765168

In the Housing Act 1985, in section 4 (other descriptions of authority), in subsection (1)(e), for the words from “police authority” to “Police Act 1996” substitute “ police and crime commissioner ”.

Housing Associations Act 1985

I313169

In the Housing Associations Act 1985, in section 106 (minor definitions - general), in the definition of “local authority” in subsection (1), for the words from “and a police authority” to “Metropolitan Police Authority” substitute “ , a police and crime commissioner and the Mayor's Office for Policing and Crime ”.

Landlord and Tenant Act 1985

I314170

In the Landlord and Tenant Act 1985, in section 38 (minor definitions), in the definition of local authority, for the words from “a police authority” to “Metropolitan Police Authority” substitute “ , a police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Prosecution of Offences Act 1985

I315171

In the Prosecution of Offences Act 1985, in section 3 (functions of the director), in subsection (3), in the definition of “police force”, for “police authority under the Police Act 1996” substitute “ local policing body ”.

Local Government Act 1986

I316172

The Local Government Act 1986 is amended as follows.

I317173

In section 6 (interpretation and application of Part 2), in subsection (2)(a), for the words from “a police authority” to “Metropolitan Police Authority” substitute—

a police and crime commissioner,
the Mayor's Office for Policing and Crime

I318174

In section 9 (interpretation and application of Part 3), in subsection (1)(a), for the words from “a police authority” to “Metropolitan Police Authority” substitute—

a police and crime commissioner,
the Mayor's Office for Policing and Crime

Channel Tunnel Act 1987

I766175

1

In the Channel Tunnel Act 1987, section 14 (arrangements for the policing of the tunnel system) is amended as follows.

2

In subsection (4)—

a

for “Kent Police Authority” substitute “ Police and Crime Commissioner for Kent ”;

b

for “that Authority” substitute “ that Commissioner ”.

3

In subsection (5)—

a

for “Kent Police Authority” substitute “ Police and Crime Commissioner for Kent ”;

b

for “the Authority” (in the first place) substitute “ the Commissioner ”.

Landlord and Tenant Act 1987

I319176

In the Landlord and Tenant Act 1987, in section 58 (exempt landlords and resident landlords), in subsection (1)(a), for the words from “police authority” to “1996” substitute “ a police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Dartford-Thurrock Crossing Act 1988

I320177

In section 19 of the Dartford-Thurrock Crossing Act 1988, in section 19 (exemption from tolls), for paragraph (a)(i) substitute—

i
a local policing body;

Housing Act 1988

I767178

In the Housing Act 1988, in Schedule 1 (tenancies which cannot be assured tenancies), in paragraph 12(2) of Part 1 (local authority tenancies etc), for sub-paragraph (g) substitute—

g
a police and crime commissioner.

Local Government Act 1988

I321179

In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), omit the words from “A police authority” to “Metropolitan Police Authority”.

In section 88B (special grants), in subsection (10), for the words from “police authority” to “1996” substitute “ police and crime commissioner ”.

I324186

In section 111 (interpretation)—

a

in subsection (2), for paragraph (e) substitute—

e
a police and crime commissioner,
ea
a chief officer of police (which, for this purpose, means a chief constable of a police force maintained under section 2 of the Police Act 1996 or the Commissioner of Police of the Metropolis),

b

in subsection (3), at the end insert “ and the 2011 Act is the Police Reform and Social Responsibility Act 2011 ”.

I772187

In section 112 (financial administration as to certain authorities), omit subsection (2)(a).

I325188

1

Section 114 (functions of responsible officer as respects reports) is amended in accordance with this paragraph.

2

In subsection (1), after “1999 Act” insert “ , or Schedule 1, 2 or 4 to the 2011 Act ”.

3

In subsection (2), for “a police force maintained by the authority” substitute “ the relevant police force ”.

4

In subsection (3A), after “relevant authority” insert “ (except where the relevant authority is a chief officer of police) ”.

5

For subsection (4)(b) substitute—

b
in the case of—
i
a police and crime commissioner, the commissioner and each member of the police and crime panel for the commissioner's police area;
ii
the Mayor's Office for Policing and Crime, that Office and each member of the police and crime panel of the London Assembly;
iii
a chief officer of police, the chief officer and the elected local policing body; and
iv
any other relevant authority, each person who is at that time a member of the authority; and

6

After subsection (8) insert—

8A
In this section “relevant police force”, in relation to the chief finance officer of a relevant authority, means—
a
in the case where the relevant authority is a chief officer of police, the police force of which that person is chief officer;
b
in any other case, the police force maintained by the relevant authority.

I326189

1

Section 115 (authority's duties as regards reports) is amended as follows.

2

After subsection (1A) insert—

1B
In the case of a report made by the chief finance officer of an elected local policing body, that body must consider the report and decide whether the body agrees or disagrees with the views contained in the report and what action (if any) the body proposes to take in consequence of it.
1C
In the case of a report made by the chief finance officer of a chief officer of police, the chief officer of police must consider the report and decide whether the chief officer of police agrees or disagrees with the views contained in the report and what action (if any) the chief officer of police proposes to take in consequence of it.
1D
The consideration and decision-making must be concluded not later than the end of the period of 21 days beginning with the day on which copies of the report are sent.
1E
As soon as practicable after the elected local policing body, or the chief officer of police, has concluded the consideration of the chief finance officer's report, that body or chief officer must prepare a report which specifies—
a
what action (if any) that body or chief officer has taken in response to the report;
b
what action (if any) that body or chief officer proposes to take in response to the report; and
c
the reasons for taking the action specified in the report or, as the case may be, for taking no action.
1F
As soon as practicable after the elected local policing body has prepared a report under subsection (1E), the elected local policing body must arrange for a copy of the report to be sent to—
a
the chief finance officer;
b
the person who at the time the report is made has the duty to audit the elected local policing body's accounts; and
c
each member of the police and crime panel for the police area for which the elected local policing body is established.
1G
As soon as practicable after the chief officer of police has prepared a report under subsection (1E), the chief officer of police must arrange for a copy of the report to be sent to—
a
the chief finance officer;
b
the person who at the time the report is made has the duty to audit the chief officer's accounts; and
c
the elected local policing body which maintains the police force in which the chief officer serves.

3

In subsection (2), at the beginning insert “ In the case of any authority other than an elected local policing body or a chief officer of police, ”.

4

In subsection (9), after “subsection” insert “ (1B), (1C) or ”.

5

In subsection (10), after “If subsection” insert “ (1B), (1C) ”.

6

In subsection (11), for “at the meeting” substitute “ under subsection (1B), (1C) or (2) ”.

I327190

1

Section 116 (information about meetings) is amended in accordance with this paragraph.

2

In the title, for “meetings” substitute “ consideration of reports etc ”.

3

After subsection (2A) insert—

2B
In the case of an elected local policing body, the chief finance officer of that body must notify the body's auditor of any decisions taken by the body in accordance with section 115.
2C
In the case of a chief officer of police, the chief officer of police's chief finance officer must notify that chief officer of police's auditor of any decisions taken by the chief officer of police in accordance with section 115.

I773191

In section 117 (rates and precepts: abolition), in subsection (5), omit “, combined police authority”.

Road Traffic Act 1988

I328192

The Road Traffic Act 1988 is amended as follows.

I329193

In section 65A (motor cycles not to be sold without EC certificate of conformity), in subsection (5)(d), after “to a” insert “ local policing body or ”.

I330194

1

Section 67 (testing of condition of vehicles on roads) is amended in accordance with this paragraph.

2

In subsection (4)—

a

in paragraph (e), omit “and”;

b

after paragraph (e) insert—

ea
a person appointed by a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London) to act, under the directions of that chief officer, for the purposes of this section, and

c

in paragraph (f), after “police area” insert “ in Scotland, or by the Common Council of the City of London, ”.

3

In subsection (5), after “(d)” insert “ , (ea) ”.

I331195

In section 78 (weighing of motor vehicles), in subsection (8)(b), after “by a” (in the second place), insert “ local policing body or a ”.

I332196

In section 124 (exemption of police instructors from prohibition imposed by section 123), in subsection (2), in paragraph (b) of the definition of “police instructor”, for “a police authority” substitute “ a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London), the Common Council of the City of London in its capacity as police authority, or a police authority ”.

I333197

1

Section 144 (exceptions from requirement of third-party insurance or security) is amended in accordance with this paragraph.

2

In subsection (2)(a), omit “(other than a police authority)”.

3

In subsection (2)(b)—

a

after “owned by” insert “ a local policing body or ”;

b

after “constable,” insert “ by a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), by a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act), by a person employed by the Common Council of the City of London in its capacity as a police authority, ”.

Road Traffic Offenders Act 1988

I334198

1

In the Road Traffic Offenders Act 1988, section 79 (statements by constables) is amended as follows.

2

In subsection (2), for “by the police authority” substitute “ as a civilian police employee ”.

3

After subsection (5), insert—

5A
For the purposes of subsection (2), a person is employed as a civilian police employee for a police area if—
a
in the case of a police area listed in Schedule 1 to the Police Act 1996, the person is a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) maintained for that area;
b
in the case of the metropolitan police district, the person is a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act);
c
in the case of the City of London, the person is employed by the Common Council of the City of London in its capacity as police authority.

Local Government and Housing Act 1989

I335199

The Local Government and Housing Act 1989 is amended as follows.

I336200

In section 1 (disqualification and political restriction of certain officers and staff), after subsection (8) insert—

9
In this section a reference to a person holding a politically restricted post under a local authority includes a reference to every member of the staff of an elected local policing body, except for a deputy police and crime commissioner.

I337201

1

Section 4 (designation and reports of head of paid service) is amended in accordance with this paragraph.

2

After subsection (1) insert—

1A
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

3

In subsection (4), for “sent to” substitute

sent—
a
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
b
in any other case, to

4

In subsection (5), after “relevant authority” insert “ (other than an elected local policing body) ”.

5

After subsection (5) insert—

5A
It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.

6

In subsection (6)(a), after “below” insert “ and an elected local policing body ”.

I338202

1

Section 5 (designation and reports of monitoring officer) is amended in accordance with this paragraph.

2

In subsection (1), in the words after paragraph (b), omit the words from “(or,” to “authority” (in the last place).

3

After subsection (1B) insert—

1C
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the monitoring officer (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

4

In subsection (3)(b), for “sent to” substitute

sent—
a
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
b
in any other case, to

5

In subsection (5)(a), for “deputy at” substitute

deputy—
i
in the case of an elected local policing body, no later than three months after the body is sent a copy of the report; and
ii
in any other case, at

6

In subsection (8)—

a

in the definition of “chief finance officer”, after “1999” insert “ , Schedule 1 to the Police Reform and Social Responsibility Act 2011 ”;

b

in paragraph (a) of the definition of “relevant authority”, after “below” insert “ and an elected local policing body ”.

I339203

In section 7 (all staff to be appointed on merit), in subsection (1)—

a

in paragraph (a), omit “or”;

b

after paragraph (a) insert—

aa
an elected local policing body, or

I774204

1

Section 21 (interpretation of Part 1) is amended in accordance with this paragraph.

2

In subsection (1), omit paragraph (g).

I775205

In section 67 (application of, and orders under, Part 5), in subsection (3), omit paragraph (i).

206 I3401

Section 155 (emergency financial assistance to local authorities) is amended as follows.

I3402

In subsection (1A), in paragraph (b) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

I7763

In subsection (4), for paragraph (ea) substitute—

ea
a police and crime commissioner;

Aviation and Maritime Security Act 1990

I341207

In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power to require harbour authorities to promote searches in harbour areas), for “in England, Scotland or Wales by a police authority” substitute “ in England or Wales by a local policing body, in Scotland by a police authority, or in England, Wales or Scotland by ”.

Town and Country Planning Act 1990

I342208

The Town and Country Planning Act 1990 is amended as follows.

I343209

In section 252 (procedure for making orders), in subsection (12), in the definition of “local authority”, for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner, the Mayor's Office for Policing and Crime, ”.

I344210

In section 336 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (a), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

War Crimes Act 1991

I345211

In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Local Government Finance Act 1992

I777212

In the Local Government Finance Act 1992, in section 19 (exclusion of Crown exemption in certain cases), for subsection (3)(c) substitute—

c
a police and crime commissioner;

Welsh Language Act 1993

I778213

In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for paragraph (d) substitute—

d
a police and crime commissioner;

Deregulation and Contracting Out Act 1994

I779214

The Deregulation and Contracting Out Act 1994 is amended as follows.

I780215

In section 79A (meaning of “local authority” in England), omit paragraph (o).

I781216

In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

I346217

In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases), in subsection (3)(f), at the beginning insert “ a police and crime commissioner, the Mayor's Office for Policing and Crime and ”.

Criminal Appeal Act 1995

I347218

In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc), in subsection (2)(a) and (b)(iii), for “police authority” substitute “ local policing body ”.

Employment Rights Act 1996

I782219

In the Employment Rights Act 1996, in section 50 (right to time off for public duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

I783220

In the Housing Grants, Construction and Regeneration Act 1996, in section 3 (ineligible applicants) for subsection (2)(g) substitute—

g
a police and crime commissioner;

Police Act 1997

I348221

The Police Act 1997 is amended as follows.

F178222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I349223

In section 119 (sources of information), in subsections (3) and (7), after “appropriate” insert “ local policing body or ”.

I350224

In section 126 (interpretation of Part 5), in the definition of “police authority” in subsection (1), for “Great Britain” substitute “ Scotland ”.

Police (Health and Safety) Act 1997

I351225

In the Police (Health and Safety) Act 1997, in section 5 (payment of damages, compensation and fines out of certain funds), in subsection (3), in paragraph (a) of the definition of “the relevant authority”, for “police authority” substitute “ local policing body ”.

Audit Commission Act 1998

F42 I352226

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 I353227

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 I784228

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 I785229

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 I354230

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime and Disorder Act 1998

I355231

The Crime and Disorder Act 1998 is amended as follows.

I356232

In section 1A (power of Secretary of State to add relevant bodies), in subsection (1), for “ police authority ” substitute “local policing body”.

I357233

In section 17 (duty to consider crime and disorder implications), in subsection (2), for “a police authority” substitute “ a local policing body ”.

234 I3581

In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is amended as follows.

I3582

After the definition of “local child curfew scheme” insert—

“local policing body” has the meaning given by section 101(1) of the Police Act 1996;

I7863

Omit the definition of “police authority”.

I359235

In section 38 (local provision of youth justice services), in subsection (2)(a), for “police authority” substitute “ local policing body ”.

I360236

In section 41 (the Youth Justice Board), in subsection (10), for “police authority” substitute “ local policing body ”.

I361237

In section 42 (supplementary provisions), in subsection (1), omit the definition of “police authority”.

I362238

In section 115 (disclosure of information), in subsection (2)(c), for “police authority” substitute “ local policing body ”.

Police (Northern Ireland) Act 1998

I363239

In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police Ombudsman for Northern Ireland), in paragraph 8 (assistance by members of a police force in Great Britain), in sub-paragraph (2), after “to the” insert “ local policing body ”.

Regional Development Agencies Act 1998

I364240

In the Regional Development Agencies Act 1998, in section 7A (the London Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Local Government Act 1999

I365241

The Local Government Act 1999 is amended as follows.

242 I3661

Section 1 (best value authorities) is amended in accordance with this paragraph.

I7872

In subsection (1), for paragraph (d) substitute—

d
the Common Council of the City of London in its capacity as a police authority;

I3663

Omit subsection (4).

F46 I788243

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I789244

In section 10 (inspections), omit subsection (5).

I790245

Omit section 10A (inspections: Auditor General for Wales).

I791246

In section 23 (accounts), in subsection (4), omit paragraph (za).

I792247

In section 29 (modifications for Wales), in subsection (1), omit the words from “except” to the end.

Criminal Justice and Court Services Act 2000

I367248

In the Criminal Justice and Court Services Act 2000, in section 71 (access to driver licensing records), in subsection (4), for paragraph (a) of the definition of “constables” substitute—

a
persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London),
aa
persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force),

Freedom of Information Act 2000

I368249

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 5, for paragraphs 57 and 58 substitute—

57
A police and crime commissioner.
58
The Mayor's Office for Policing and Crime.

Learning and Skills Act 2000

I793250

The Learning and Skills Act 2000 is amended as follows.

I794251

In section 125 (consultation and co-ordination), for subsection (1)(c) substitute—

c
a police and crime commissioner,

I795252

In section 129 (supplementary), in subsection (1), omit the definition of “police authority”.

Local Government Act 2000

I369253

The Local Government Act 2000 is amended as follows.

I370254

In section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities), in subsection (8), in the definition of “relevant partner authority”, for paragraph (a) substitute—

a
a local policing body, or

I371255

In section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities), in subsection (4), for paragraph (a)(ii)(a) substitute—

a
a local policing body, or

I372256

In section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities), in subsection (6), in the definition of “associated authority”, for paragraph (b)(i) substitute—

i
a local policing body, or

257 I3731

Section 49 (principles governing conduct of members of relevant authorities) is amended in accordance with this paragraph.

I7962

In subsection (1), omit “and police authorities in Wales”.

I7963

In subsection (2), omit “(other than police authorities)”.

I7964

Omit subsection (4).

I3735

In subsection (6), omit paragraphs (h) and (m).

I797258

1

Section 50 (model codes of conduct) is amended in accordance with this paragraph.

2

In subsection (1), omit “and police authorities in Wales”.

3

In subsection (2), omit “other than police authorities”.

I798259

1

Section 51 (duty of relevant authorities to adopt codes of conduct) is amended in accordance with this paragraph.

2

In subsection (4A), omit “or police authority in Wales”.

3

In subsection (4C), omit “other than a police authority”.

4

In subsection (6)(c)(i), omit “or a police authority in Wales”.

I799260

1

Section 53 (standards committees) is amended in accordance with this paragraph.

2

In subsections (3) and (4), omit “or a police authority in Wales”.

3

In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.

4

In subsection (8), omit “or a police authority in Wales”.

5

In subsection (9), omit “and a police authority in Wales”.

6

In subsection (10), omit “or a police authority in Wales”.

7

In subsection (11)—

a

in paragraph (a), omit “other than police authorities”;

b

in paragraph (k), omit “(other than police authorities)”.

I800261

1

Section 54 (functions of standards committees) is amended in accordance with this paragraph.

2

In subsection (4), omit “and police authorities in Wales”.

3

In subsection (5), omit “(other than police authorities)”.

4

In subsection (6), omit “and police authorities in Wales”.

5

In subsection (7), omit “(other than police authorities)”.

I801262

1

Section 54A (sub-committees of standards committees) is amended in accordance with this paragraph.

2

In subsection (4), omit “or of a police authority in Wales”.

3

In subsection (5), omit “other than a police authority”.

I802263

In section 57 (Standards Board for England), in subsection (5)(b) and (c), omit “and police authorities in Wales”.

I803264

In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a) and (b), omit “(other than police authorities)”.

I804265

In section 73 (matters referred to monitoring officers), omit subsection (6).

The Criminal Justice and Police Act 2001 is amended as follows.

I375271

In section 97 (regulations for police forces)—

a

in subsection (3)(a), for “police authorities” substitute “ local policing bodies ”;

b

for subsection (4)(c), substitute—

c
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
ca
the Mayor's Office for Policing and Crime;
cb
the Common Council of the City of London; and

I376272

In section 98 (directions after inspection identifies training needs), in subsections (1) and (2) for “police authority” substitute “ local policing body ”.

Private Security Industry Act 2001

I377273

1

In the Private Security Industry Act 2001, Schedule 2 (activities liable to control under the Act) is amended as follows.

2

In paragraph 2 (manned guarding), in sub-paragraph (7)—

a

in sub-paragraph (f)—

i

for “person employed by a police authority” substitute “ relevant employee ”;

ii

for “police authority employees” substitute “ civilian staff ”;

b

in sub-paragraph (i), for “police authority employees” substitute “ civilian staff ”.

3

In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for “police authority employees” substitute “ civilian staff ”.

4

In paragraph 3A (restriction and removal of vehicles), in sub-paragraph (6)—

a

in sub-paragraph (c), for “police authority” substitute “ local policing body ”;

b

in sub-paragraph (e), for “police authority employees” substitute “ civilian staff ”.

Vehicles (Crime) Act 2001

I378274

The Vehicles (Crime) Act 2001 is amended as follows.

I379275

In section 18 (register of registration plate suppliers), in subsection (9), for paragraph (a) substitute—

a
members of the civilian staff of a police force, including the metropolitan police force, (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),
aa
persons employed by the Common Council of the City of London who are under the direction and control of the Commissioner of Police for the City of London,

I380276

In section 38 (unified power for Secretary of State to fund speed cameras etc), in subsection (5)(b), for the words from “any police authority” to “Metropolitan Police Authority” substitute “ any police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Police Reform Act 2002

I381277

The Police Reform Act 2002 is amended as follows.

I382278

1

Section 10 (general functions of the Commission) is amended in accordance with this paragraph.

2

In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute “ local policing bodies ”.

3

In subsection (3)(d), for “police authority” substitute “ local policing body ”.

I383279

In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a), (9) and (10)(b), for “police authority” substitute “ local policing body ”.

I384280

In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (7)—

a

after paragraph (a) insert—

aa
he is a civilian employee of a police force;

b

in paragraph (b), for “a police authority” substitute “ the Common Council of the City of London ”.

I385281

1

Section 15 (general duties of police authorities, chief constables and inspectors) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ local policing bodies ”.

3

In subsections (1)(a) and (3)(a), for “police authority” substitute “ local policing body ”.

4

In subsection (3)(c), for “police authority” substitute “ local policing body ”.

5

In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute “ local policing body ”.

I386282

1

Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.

2

In subsection (3)—

a

for “police authority” (in each place) substitute “ local policing body ”;

b

in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

3

In subsection (4)—

a

for “police authority” substitute “ local policing body ”;

b

in paragraph (a), for “that authority” substitute “ that body ”;

c

in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

4

In subsection (5), for “police authority” substitute “ local policing body ”.

5

In subsection (6), for “police authorities” (in each place) substitute “ local policing bodies ”.

in paragraph (a), for “police authority” substitute “ local policing body ”;

b

in subsection (3), for “the authority” substitute “ the body ”;

c

in subsection (5)(b), for “police authorities” substitute “ local policing bodies ”.

I390286

In section 20 (duty to keep the complainant informed), in subsection (8), for “police authority” substitute “ local policing body ”.

I391287

1

Section 22 (power of Commission to issue guidance) is amended as follows.

2

In subsection (1)(a), for “police authorities” substitute “ local policing bodies ”.

3

In subsection (3), for paragraph (a) substitute—

a
such persons as appear to the Commission to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;

I392288

In section 23 (regulations), in subsection (2)(n), for “police authorities” substitute “ local policing bodies ”.

I393289

In section 24 (consultation on regulations), for paragraph (b) substitute—

b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
ba
the Mayor's Office for Policing and Crime;
bb
the Common Council;

I394290

1

Section 26 (forces maintained otherwise than by police authorities) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ local policing bodies ”.

3

In subsections (1)(b) and (2), for “police authority” substitute “ local policing body ”.

291

In section 29 (interpretation of Part 2), in subsection (1)—

I462a

in the definition of “appropriate authority”—

i

in paragraph (a)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

ii

in paragraph (a)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

iii

in paragraph (b)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

iv

in paragraph (b)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

v

after paragraph (b)(ii) insert— “ and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839; ”;

I462b

in the definition of “relevant force”, for paragraph (a) substitute—

a
if that authority is a local policing body, the police force which the body is responsible for maintaining; and

I809c

omit the definition of “senior officer”.

I395292

1

Section 38 (police powers for police authority employees) is amended in accordance with this paragraph.

2

In the title, for “police authority employees” substitute “civilian staff”.

F1613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In subsection (7), for “An employee of a police authority” substitute “A relevant employee”.

5

After subsection (9) insert—

11
In this section “relevant employee” means—
a
in the case of—
i
a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or
ii
the police force maintained for the metropolitan police district in accordance with section 5A of that Act,
a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);
b
in the case of any other police force, a person who—
i
is employed by the police authority maintaining that force, and
ii
is under the direction and control of the chief officer making a designation under subsection (1).

F162293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I396294

1

Section 39 (police powers for contracted out staff) is amended in accordance with this paragraph.

2

In subsections (1) and (2), for “police authority” substitute “ local policing body ”.

3

In subsection (11), for paragraph (a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council of the City of London; and

4

In subsection (13)(b), for “police authority” substitute “ local policing body ”.

I397295

1

Section 40 (community safety accreditation schemes) is amended in accordance with this paragraph.

2

In subsection (4)(a), for “police authority” substitute “ local policing body ”.

3

In subsection (5), for paragraph (a) substitute—

a
the Mayor's Office for Policing and Crime;

4

In subsection (7)—

a

for “police plan under section 8 of the 1996 Act” substitute “ police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 ”;

b

omit the words from “and every draft” to “this section,” (in the second place);

c

for “police authority” (in each place) substitute “ local policing body ”.

I398296

In section 42 (supplementary provisions relating to designations and accreditations), in subsection (7)—

a

for “police authority” (in each place) substitute “ chief officer of police or local policing body ”;

b

for “that authority” substitute “ that chief officer or body ”.

I399297

In section 43 (railway safety accreditation scheme), in subsection (9), for paragraph (c) substitute—

c
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
ca
the Mayor's Office for Policing and Crime;
cb
the Common Council of the City of London; and

F163298

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I400299

1

Section 51 (independent custody visitors for places of detention) is amended in accordance with this paragraph.

2

In subsection (1), for “police authority” substitute “ local policing body ”.

3

In subsection (1A) (inserted by section 117 of the Coroners and Justice Act 2009), for “police authority” substitute “ local policing body ”.

4

In subsection (2)—

a

ii

in sub-paragraph (b), for “that authority” substitute “ that body ”.

6

In paragraph 5(1), for “police authority” substitute “ local policing body ”.

for “that authority” (in each place) substitute “ that body ”.

6

In paragraph 14(1), for “police authority” substitute “ local policing body ”.

I403302

1

In Schedule 3 (handling of complaints and conduct matters etc), Part 2A (handling of death and serious injury matters) is amended in accordance with this paragraph.

2

In paragraph 14A(1), for “police authority” substitute “ local policing body ”.

3

In paragraph 14B—

a

in sub-paragraph (1)—

i

for “police authority” substitute “ local policing body ”;

ii

for “that authority” (in each place) substitute “ that body ”;

b

in sub-paragraph (5), for “police authority” substitute “ local policing body ”;

c

in sub-paragraph (6), for “police authority” substitute “ local policing body ”.

4

In paragraph 14D(1), for “police authority” substitute “ local policing body ”.

F164303

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime Act 2002

I404304

The Proceeds of Crime Act 2002 is amended as follows.

I405305

In section 55 (sums received by designated officer), in subsection (8)—

a

after paragraph (a) insert—

aa
a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),
ab
a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act),
ac
a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act),

b

in paragraph (b), omit the words from “a person” to “or”.

I406306

In section 302 (compensation), in subsection (7A)(a), for sub-paragraph (i) substitute—

i
who was a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act), or

Anti-social Behaviour Act 2003

F40 I407307

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 I408308

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 I409309

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts Act 2003

I410310

The Courts Act 2003 is amended as follows.

I411311

In section 8 (local justice areas), in subsection (7), for paragraph (c) substitute—

c
a police and crime commissioner or the Mayor's Office for Policing and Crime.

I412312

In section 41 (disqualification of lay justices who are members of local authorities), in subsection (6)(c), for the words from “a police authority” to “Metropolitan Police Authority” substitute “ a police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Criminal Justice Act 2003

I413313

In the Criminal Justice Act 2003, in section 221 (provision of attendance centres), in subsection (3)—

a

for “police authority” substitute “ local policing body ”;

b

for “that authority” substitute “ that authority or body ”.

Finance Act 2003

I414314

In the Finance Act 2003, in Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc), for “police authority” (in the first place) substitute “ local policing body ”.

Licensing Act 2003

I415315

In the Licensing Act 2003, in section 170 (exemption of police from liability for damages), in subsection (4A)—

a

after “such a person” insert “ exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London ”;

b

for “a police authority” substitute “ the Common Council of the City of London ”.

Local Government Act 2003

I810316

The Local Government Act 2003 is amended as follows.

I811317

In section 23 (meaning of “local authority”), in subsection (1), for paragraph (n) substitute—

n
a police and crime commissioner;

I812318

In section 25 (budget calculations: report on robustness of estimates etc), in subsection (3)—

a

in paragraph (d), omit “or”;

b

at the end of paragraph (e), insert

or
f
Schedule 1, 2 or 4 to the Police Reform and Social Responsibility Act 2011

I813319

In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph (m) substitute—

m
a police and crime commissioner.

I814320

In section 95 (power to trade in function-related activities through a company), in subsection (7)—

a

omit the definition of “police authority”;

b

in the definition of “relevant authority”, for “a police authority or” substitute “ the Common Council of the City of London in its capacity as a police authority and ”.

I815321

In section 101 (staff transfer matters: general), omit subsection (7).

Railways and Transport Safety Act 2003

I416322

The Railways and Transport Safety Act 2003 is amended as follows.

I417323

In section 25 (special constables), in subsection (5)(d), for “police authority” substitute “ local policing body ”.

I418324

In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police authority employees” substitute “ civilian staff ”.

I419325

In section 45 (regulation of procedure and practice), omit subsection (2)(a).

I816326

In section 50 (policing objectives: Authority), in subsection (3)—

a

in paragraph (a), at the end insert “ and ”;

b

omit paragraph (c) (and the word “and” at the end of paragraph (b)).

I817327

In section 55 (three-year strategy plan)—

a

in paragraph (b), at the end insert “ and ”;

b

omit paragraph (d) (and the word “and” at the end of paragraph (c)).

I420328

In Schedule 4 (British Transport Police Authority), in paragraph 7 (disqualification), for sub-paragraph (2)(c) substitute—

c
a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),
ca
a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act),
cb
a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act), or

Sexual Offences Act 2003

I421329

In the Sexual Offences Act 2003, in section 136M (reimbursement of costs), for “police authority” (in each place) substitute “ local policing body ”.

Children Act 2004

I422330

The Children Act 2004 is amended as follows.

I423331

In section 10 (co-operation to improve well-being: England), in subsection (4)(b), for “the police authority” substitute “ the local policing body ”.

I424332

In section 11 (arrangements to safeguard and promote welfare: England), in subsection (1)(h), for “police authority” substitute “ local policing body ”.

I425333

In section 25 (co-operation to improve well-being: Wales), in subsection (4)(a), for “the police authority” substitute “ the local policing body ”.

I426334

In section 28 (arrangements to safeguard and promote welfare: Wales), in subsection (1)(d), for “police authority” substitute “ local policing body ”.

Housing Act 2004

I427335

In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in paragraph 2(1) (buildings controlled or managed by public sector bodies etc), for sub-paragraphs (c) and (d) substitute—

c
a police and crime commissioner,
d
the Mayor's Office for Policing and Crime,

Public Audit (Wales) Act 2004

I818336

The Public Audit (Wales) Act 2004 is amended as follows.

I819337

In section 12 (local government bodies in Wales), in subsection (1)—

a

in paragraph (f), for “police authority” substitute “ police and crime commissioner ”;

b

after paragraph (f), insert—

fa
a chief constable of a police force maintained under section 2 of the Police Act 1996 for a police area in Wales;

I820338

1

Section 40 (documents relating to police authorities) is amended in accordance with this paragraph.

2

In the title, for “police authorities” substitute “ police and crime commissioners and chief constables ”.

3

In subsection (1), for “police authority for” substitute “ police and crime commissioner for, or the chief constable of a police force maintained under section 2 of the Police Act 1996 for, ”.

4

In subsection (2)—

a

for “police authorities” substitute “ police and crime commissioners ”;

b

for “police authority” substitute “ police and crime commissioner ”.

5

After subsection (2) insert—

3
If the Auditor General for Wales has sent a document (or a copy of a document) relating to one or more chief constables of police forces maintained under section 2 of the Police Act 1996 for a police area in Wales, the Auditor General may send a copy of the document to the persons to whom a copy of a document may be sent under subsection (2).

I821339

In section 46 (performance standards: relevant bodies), in subsection (1)(d), for “police authority” substitute “ police and crime commissioner ”.

Drugs Act 2005

I428340

In the Drugs Act 2005, in section 19 (interpretation), for subsection (7) substitute—

7
Police support officer” means—
a
persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London), and
b
persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force).

Public Services Ombudsman (Wales) Act 2005

I822341

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

I823342

In Schedule 2 (excluded matters), in paragraph 1, for “police authority” substitute “ police and crime commissioner ”.

I824343

In Schedule 3 (listed authorities), for “police authority” substitute “ police and crime commissioner ”.

for “relevant police authority” substitute “ relevant policing body ”;

b

before paragraph (a) insert—

za
in relation to a police force in England or Wales, the local policing body maintaining that force,

c

in paragraph (a), for “Great Britain” substitute “ Scotland ”.

1

Section 155 (payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences) is amended in accordance with this paragraph.

2

In the title, for “police authority” substitute “ local policing body ”.

3

In subsection (1), for “police authority” substitute “ local policing body ”.

I435350

In Schedule 5 (persons specified for the purposes of section 82), in paragraph 14(a), for “police authority employees” substitute “ civilian staff ”.

Government of Wales Act 2006

I825351

The Government of Wales Act 2006 is amended as follows.

I826352

In section 72 (partnership council), in subsection (5)(c), for “police authorities” substitute “ police and crime commissioners ”.

F176353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Olympic Games and Paralympic Games Act 2006

I436354

The London Olympic Games and Paralympic Games Act 2006 is amended as follows.

I437355

In section 21 (offence), in subsection (4), after “pay to” insert “ a local policing body, ”.

I438356

In section 22 (enforcement of power of entry)—

a

in subsection (8), after “compensation from” insert “ a local policing body, ”;

b

in subsection (9), after “A” (at the beginning) insert “ local policing body, a ”.

I439357

In section 28 (enforcement of power of entry)—

a

in subsection (6), after “compensation from” insert “ a local policing body, ”;

b

in subsection (7), after “A” (at the beginning) insert “ local policing body, a ”.

Police and Justice Act 2006

I440358

The Police and Justice Act 2006 is amended as follows.

I827359

In section 6 (consultation with APA and ACPO), omit subsection (2)(a).

I441360

1

Schedule 1 (National Policing Improvement Agency) is amended as follows.

2

In paragraph 5 (annual plans)—

a

in sub-paragraph (6)(b), for “police authority” substitute “ local policing body ”;

b

in sub-paragraph (7), for paragraph (b) substitute—

b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
ba
the Mayor's Office for Policing and Crime,
bb
the Common Council of the City of London,

3

In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word “and” at the end of sub-paragraph (2)(b)) substitute—

b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
c
the Mayor's Office for Policing and Crime, and
d
the Common Council of the City of London.

4

In paragraph 7 (chairman and other members)—

a

for sub-paragraph (2)(a) substitute—

a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
ab
the Mayor's Office for Policing and Crime,
ac
the Common Council of the City of London, and

C5b

in sub-paragraph (4)(a), for “nominated by the Association of Police Authorities” substitute “ who is a police and crime commissioner ”.

5

In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police authority” substitute “ local policing body ”.

6

In the italic heading before paragraph 35 (Payments by Agency to police authorities), after “to” insert “ local policing bodies ”.

7

In paragraph 35, in sub-paragraph (a), for “police authorities” substitute “ local policing bodies ”.

8

In paragraph 48 (power to modify objects, functions and strategy of the Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—

b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
c
the Mayor's Office for Policing and Crime,
d
the Common Council of the City of London, and

Safeguarding Vulnerable Groups Act 2006

I442361

In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred lists), in paragraph 19 (information), in sub-paragraph (4), for “police authority” substitute “ local policing body ”.

Violent Crime Reduction Act 2006

I443362

The Violent Crime Reduction Act 2006 is amended as follows.

I444363

In section 18 (functions of local chief officer of police), for “police authority” (in each place), substitute “ local policing body ”.

I445364

In section 19 (guidance about the designation of zones)—

a

for “police authorities” (in each place) substitute “ local policing bodies ”;

b

for “police authority” substitute “ local policing body ”.

Corporate Manslaughter and Corporate Homicide Act 2007

I446365

In the Corporate Manslaughter and Corporate Homicide Act 2007, in section 13 (application to police forces), in subsection (3)(b), for “police authority” substitute “ local policing body ”.

Local Government and Public Involvement in Health Act 2007

I447366

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

I448367

In section 104 (application of Chapter 1 of Part 5: partner authorities), for subsection (2)(e) substitute—

e
a local policing body;

I449368

In section 123 (joint overview and scrutiny committees), in subsection (7) for “a police authority” substitute “ a local policing body ”.

I828369

In section 212 (entities controlled etc by local authorities), in subsection (7), in paragraph (a) of the definition of “local authority”, after “that Act)” insert “ , apart from a police and crime commissioner ”.

Serious Crime Act 2007

I450370

In the Serious Crime Act 2007, in section 39 (compliance with orders: authorised monitors), in subsection (10), in the definition of “law enforcement agency”—

a

before paragraph (a) insert—

za
the chief constable of a police force maintained under section 2 of the Police Act 1996;
zb
the Commissioner of Police of the Metropolis;
zc
the Common Council of the City of London in its capacity as police authority;

b

in paragraph (a), omit “a police authority or”.

Pensions Act 2008

I451371

1

In the Pensions Act 2008, section 95 (police) is amended as follows.

2

In subsection (1), after “by the” insert “ relevant local policing body or ”.

3

In subsection (2)—

a

after “A” (in the first place) insert “ local policing body, or a ”;

b

after “relevant” insert “ local policing body, or relevant ”.

Coroners and Justice Act 2009

I452372

In the Coroners and Justice Act 2009, in section 24 (provision of staff and accommodation), in subsection (2), for “police authority” substitute “ local policing body ”.

Local Democracy, Economic Development and Construction Act 2009

I453373

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

I454374

In section 2 (democratic arrangements of connected authorities)—

a

for subsection (3)(f) substitute—

f
a local policing body;

b

for subsection (5)(e) substitute—

e
a local policing body;

I829375

In section 23 (duty of public authorities to secure involvement), in subsection (2), for paragraph (j) substitute—

j
the Common Council of the City of London in its capacity as a police authority;

I830376

In section 35 (mutual insurance: supplementary), in subsection (2), for paragraph (k) substitute—

k
the Common Council of the City of London in its capacity as a police authority;

F47 I455377

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Policing and Crime Act 2009

I456378

In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments Panel), omit subsection (1).

Child Poverty Act 2010

I457379

In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for “police authority” substitute “ local policing body ”.

Equality Act 2010

I458380

The Equality Act 2010 is amended as follows.

I831381

In section 1 (public sector duty regarding socio-economic duties), in subsection (3)(k), for “police authority” substitute “ police and crime commissioner ”.

I459382

In section 43 (interpretation of section 42)—

a

in subsection (3), for “police authority” (in each place) substitute “ local policing body or police authority ”;

b

in subsection (8), for paragraph (d) substitute—

d
the Police Reform and Social Responsibility Act 2011.

I460383

In Schedule 19 (public authorities), in Part 1, under the heading “Police”, for “The Metropolitan” to “section 3 of that Act”, substitute—

A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.
The Mayor's Office for Policing and Crime established under section 3 of that Act.

SCHEDULE 17Temporary class drug orders

Section 151

Amendments of the Misuse of Drugs Act 1971

I201

The Misuse of Drugs Act 1971 is amended in accordance with paragraphs 2 to 20.

I212

In section 2 (controlled drugs and their classification for purposes of Act), in subsection (1)—

a

in paragraph (a), for the words after “specified” substitute “—

i

in Part I, II or III of Schedule 2, or

ii

in a temporary class drug order as a drug subject to temporary control (but this is subject to section 2A(6));”, and

b

at the end of paragraph (b) insert

, and
c
the expression “temporary class drug” means any substance or product which is for the time being a controlled drug by virtue of a temporary class drug order;

I223

After section 2 insert—

2ATemporary class drug orders
1
The Secretary of State may make an order (referred to in this Act as a “temporary class drug order”) specifying any substance or product as a drug subject to temporary control if the following two conditions are met.
2
The first condition is that the substance or product is not a Class A drug, a Class B drug or a Class C drug.
3
The second condition is that—
a
the Secretary of State has consulted in accordance with section 2B and has determined that the order should be made, or
b
the Secretary of State has received a recommendation under that section that the order should be made.
4
The Secretary of State may make the determination mentioned in subsection (3)(a) only if it appears to the Secretary of State that—
a
the substance or product is a drug that is being, or is likely to be, misused, and
b
that misuse is having, or is capable of having, harmful effects.
5
A substance or product may be specified in a temporary class drug order by reference to—
a
the name of the substance or product, or
b
a description of the substance or product (which may take such form as the Secretary of State thinks appropriate for the purposes of the specification).
6
A substance or product specified in a temporary class drug order as a drug subject to temporary control ceases to be a controlled drug by virtue of the order—
a
at the end of one year beginning with the day on which the order comes into force, or
b
if earlier, upon the coming into force of an Order in Council under section 2(2) by virtue of which the substance or product is specified in Part 1, 2 or 3 of Schedule 2.
7
Subsection (6)—
a
is subject to subsection (10), and
b
is without prejudice to the power of the Secretary of State to vary or revoke a temporary class drug order by a further order.
8
The power of the Secretary of State to make an order under this section is subject to section 2B.
9
An order under this section is to be made by statutory instrument.
10
An order under this section—
a
must be laid before Parliament after being made, and
b
ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless before the end of that period the order is approved by a resolution of each House of Parliament.
11
In calculating that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
12
Subsection (10)(b)—
a
is without prejudice to anything previously done or to the power of the Secretary of State to make a new order under this section;
b
does not apply to an order that only revokes a previous order under this section.
2BOrders under section 2A: role of Advisory Council etc
1
Before making an order under section 2A the Secretary of State—
a
must consult as mentioned in subsection (2), or
b
must have received a recommendation from the Advisory Council to make the order.
2
The Secretary of State must consult—
a
the Advisory Council, or
b
if the order is to be made under section 2A(1) and the urgency condition applies, the person mentioned in subsection (3).
3
The person referred to in subsection (2)(b) is—
a
the person who is for the time being the chairman of the Advisory Council appointed under paragraph 1(3) of Schedule 1, or
b
if that person has delegated the function of responding to consultation under subsection (1)(a) to another member of the Advisory Council, that other member.
4
The “urgency condition” applies if it appears to the Secretary of State that the misuse of the substance or product to be specified in the order as a drug subject to temporary control, or the likelihood of its misuse, poses an urgent and significant threat to public safety or health.
5
The duty of the Advisory Council or any other person consulted under subsection (1)(a) is limited to giving to the Secretary of State that person's opinion as to whether the order in question should be made.
6
A recommendation under subsection (1)(b) that a temporary class drug order should be made may be given by the Advisory Council only if it appears to the Council that—
a
the substance or product is a drug that is being, or is likely to be, misused, and
b
that misuse is having, or is capable of having, harmful effects.

I234

In section 3 (restriction of importation and exportation of controlled drugs), in subsection (2)(a) after “this Act” insert “ or by provision made in a temporary class drug order by virtue of section 7A ”.

I245

In section 4(1) (restriction of production and supply of controlled drugs), after “this Act” insert “ , or any provision made in a temporary class drug order by virtue of section 7A, ”.

I256

In section 5 (restriction of possession of controlled drugs), after subsection (2) insert—

2A
Subsections (1) and (2) do not apply in relation to a temporary class drug.

I267

In section 7 (authorisation of activities otherwise unlawful under foregoing provisions of Act), after subsection (9) insert—

10
In this section a reference to “controlled drugs” does not include a reference to temporary class drugs (see instead section 7A).

I278

After section 7 insert—

7ATemporary class drug orders: power to make further provision
1
This section applies if a temporary class drug order specifies a substance or product as a drug subject to temporary control.
2
The order may—
a
include provision for the exception of the drug from the application of section 3(1)(a) or (b) or 4(1)(a) or (b),
b
make such other provision as the Secretary of State thinks fit for the purpose of making it lawful for persons to do things in respect of the drug which under section 4(1) it would otherwise be unlawful for them to do,
c
provide for circumstances in which a person's possession of the drug is to be treated as excepted possession for the purposes of this Act, and
d
include any provision in relation to the drug of a kind that could be made in regulations under section 10 or 22 if the drug were a Class A drug, a Class B drug or a Class C drug (but ignoring section 31(3)).
3
Provision under subsection (2) may take the form of applying (with or without modifications) any provision made in regulations under section 7(1), 10 or 22.
4
Provision under subsection (2)(b) may (in particular) provide for the doing of something to be lawful if it is done—
a
in circumstances mentioned in section 7(2)(a), or
b
in compliance with such conditions as may be prescribed by virtue of section 7(2)(b).
5
Section 7(8) applies for the purposes of this section.
6
Section 31(1) (general provision as to regulations) applies in relation to a temporary class drug order that contains provision made by virtue of this section as it applies to regulations under this Act.

I289

In section 9A (prohibition of supply etc of articles for administering or preparing controlled drugs), in subsection (4)—

a

at the end of paragraph (a) omit “or”,

b

in paragraph (b) after “of a controlled drug” insert “ , other than a temporary class drug, ”, and

c

at the end of that paragraph insert

, or
c
the administration by any person of a temporary class drug to himself in circumstances where having the drug in his possession is to be treated as excepted possession for the purposes of this Act (see section 7A(2)(c)).

I2910

In section 10 (power to make regulations for preventing misuse of controlled drugs), after subsection (2) insert—

3
In this section a reference to “controlled drugs” does not include a reference to temporary class drugs (see instead section 7A).

I3011

In section 11 (power to direct special precautions for safe custody of controlled drugs to be taken at certain premises), in subsection (1) after “of this Act” insert “ or by provision made in a temporary class drug order by virtue of section 7A that is of a corresponding description to such regulations ”.

I3112

1

Section 13 (directions prohibiting prescribing, supply etc of controlled drugs by practitioners in other cases) is amended as follows.

2

In subsection (1)—

a

after “section 10(2) of this Act” insert “ or of corresponding provision made in a temporary class drug order ”, and

b

after “said paragraph (i)” insert “ or of any such corresponding provision ”.

3

After subsection (1) insert—

1A
For the purposes of subsection (1), provision made in a temporary class drug order is “corresponding provision” if it—
a
is made by virtue of section 7A(2)(d), and
b
is of a corresponding description to regulations made in pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).

I3213

In section 18 (miscellaneous offences), after subsection (4) insert—

5
In this section (and in references in Schedule 4 that refer to this section), any reference to regulations made under this Act is to be taken as including a reference to provision made in a temporary class drug order by virtue of section 7A.
6
For this purpose, a reference in subsection (1) or (2) to regulations made in pursuance of section 10(2)(h) or (i) is a reference to any provision of a temporary class drug order which—
a
is made by virtue of section 7A(2)(d), and
b
is of a corresponding description to regulations made in pursuance of section 10(2)(h) or (as the case may be) (i).

I3314

In section 22 (further power to make regulations)—

a

renumber the existing provision as subsection (1), and

b

after that subsection insert—

2
The power to make regulations under this section does not apply in relation to temporary class drugs (see instead section 7A).

I3415

1

Section 23 (powers to search and obtain evidence) is amended as follows.

2

In subsection (2) after “any regulations” insert “ or orders ”.

3

In subsection (3)(a) after “any regulations” insert “ or orders ”.

I3516

After section 23 insert—

23ATemporary class drugs: further power to search, seize and detain
1
Subsection (3) applies in any case where—
a
a constable has reasonable grounds to suspect that a person (“P”) is in possession of a temporary class drug, and
b
it does not appear to the constable that a power under section 23(2) applies to the case.
2
But if any provision has been made by virtue of section 7A(2)(c) (excepted possession) that applies to the temporary class drug in question, subsection (3) applies only if the constable has no reason to believe that P's possession of the drug is to be treated as excepted possession for the purposes of this Act.
3
The constable may—
a
search P, and detain P for the purposes of searching P;
b
search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
c
seize and detain anything found in the course of the search which appears to the constable to be a temporary class drug or to be evidence of an offence under this Act.
In this subsection, “vessel” has the same meaning as in section 23(2).
4
Subsection (5) applies if a constable reasonably believes that anything detained under subsection (3)(c) is a temporary class drug but is not evidence of any offence under this Act.
5
The constable may dispose of the drug in such manner as the constable thinks appropriate.
6
A person who intentionally obstructs a constable in the exercise of the constable's powers under subsection (3) commits an offence.

I3617

1

Section 25 (prosecution and punishment of offences) is amended as follows.

2

After subsection (2) insert—

2A
Subsection (2B) applies if an offence specified in the first column of Schedule 4 is committed in relation to a temporary class drug.
2B
The punishments which may be imposed on a person convicted of the offence summarily or (as the case may be) on indictment in relation to the temporary class drug are the same as those which could be imposed had the person been convicted of the offence in that way in relation to a Class B drug (see the fifth column of Schedule 4).

3

After subsection (3) insert—

3A
The punishments which may be imposed on a person convicted of an offence under section 23A(6) are the same as those which, under Schedule 4, may be imposed on a person convicted of an offence under section 23(4).

I3718

In section 30 (licenses and authorities) after “of regulations” insert “ or orders ”.

I3819

In section 37(1) (interpretation), after the definition of “supplying” insert—

“temporary class drug order” means an order made under section 2A(1);

I3920

In section 38(1) (special provisions as to Northern Ireland) for “2, 7,” substitute “ 2, 2A, 2B, 7, 7A, ”.

Amendments of other legislation

I4021

In Schedule 1 to the Customs and Excise Management Act 1979 (controlled drugs: variation of punishments for certain offences)—

a

in paragraph 1—

i

in the opening words for “or a Class B drug” substitute “ , Class B drug or a temporary class drug ”, and

ii

in paragraph (b)(ii) of the substituted words after “ Class B drug ” insert “ or a temporary class drug ”, and

b

in paragraph 3, for “and “Class C drug”” substitute “, “Class C drug” and “temporary class drug””.

I4122

In section 19 of the Criminal Justice (International Co-operation) Act 1990 (ships used for illicit traffic), in subsection (4)(b) after “Class B drug” insert “ or a temporary class drug ”.