SCHEDULE 15Police reform: transitional provision
Part 2Initial transfer from police authorities
Police civilians
7
(1)
The new policing body for a police area—
(a)
is to have, for the purpose mentioned in sub-paragraph (2), relevant powers to arrange for the new chief officer of the police force for that area to discharge functions of that body; and
(b)
must exercise those powers for the purpose mentioned in sub-paragraph (2).
(2)
That purpose is securing that the police civilian members of staff of that new policing body are under the direction and control of that chief officer.
(3)
Any arrangements made in compliance with section 15(2) of the Police Act 1996 between the existing police authority for a police area and the existing chief officer of the police force for that area which are in force immediately before the relevant commencement time are to have effect at and after that time as if made under this paragraph between the new policing body for that area and the new chief officer of that police force.
(4)
Sub-paragraph (5) applies to a person who—
(a)
immediately before the relevant commencement time, is a police civilian member of the staff of an existing police authority, and
(b)
at that time becomes a member of the staff of the new policing body for a police area by virtue of paragraph 6.
(5)
For as long as the person continues to be a member of the staff of that body, the person is to be—
(a)
employed as a police civilian member of that staff, and
(b)
under the direction and control of the new chief officer of the police for that area.
(6)
Sub-paragraph (5) does not prevent the new policing body from making arrangements with the person for the person to cease to be a police civilian member of staff of that body (whether or not the person remains a member of the staff of that body).
(7)
After the relevant commencement time, a new policing body may, for either of the purposes set out in sub-paragraph (8), make arrangements—
(a)
with any member of the staff of the body who is not a police civilian member of staff to become a police civilian member of that staff, or
(b)
with a person who is not a member of that body's staff to become a police civilian member of that staff.
(8)
In relation to the new policing body for a police area those purposes are—
(a)
replacing police civilian members of staff of the existing police authority for that area who did not become members of the staff of the new policing body in accordance with paragraph 6;
(b)
replacing police civilian members of staff of the new policing body who have ceased to be police civilian members of staff of that body otherwise than by virtue of a transfer scheme under Part 2 of this Schedule; or
(c)
to supplement the police civilian members of staff of the new policing body.
(9)
Sub-paragraphs (1) to (5) are subject to—
(a)
any provision included in a collaboration agreement under section 22A of the Police Act 1996, and
(b)
section 24(3A) of that Act (aid of one police force by another).
(10)
In this paragraph—
(a)
“relevant powers” means powers corresponding to those conferred by sections 101 and 107 of the Local Government Act 1972 on police authorities established under section 3 of the Police Act 1996;
(b)
references to a police civilian member of staff of an existing police authority or a new policing body are references to a member of the staff of that authority or body who is employed solely to assist the police force maintained by that authority or body;
(c)
the chief officers' powers of direction and control referred to include powers of engagement and dismissal.