Police Reform and Social Responsibility Act 2011

Valid from 31/10/2011

Valid from 16/01/2012

Power to direct new policing body to make transfer scheme E+W+S

10 (1) The Secretary of State may direct a new policing body— E+W+S

(a) to make one or more transfer schemes, and

(b) to submit such a scheme to the Secretary of State for approval.

(2) If the Secretary of State gives a direction under sub-paragraph (1)(b), the Secretary of State may—

(a) approve the scheme as submitted,

(b) approve the scheme with modifications, or

(c) reject the scheme.

(3) Before making a decision under sub-paragraph (2), the Secretary of State must—

(a) consult the new policing body, and

(b) if the scheme includes provision about the transfer of staff, consult persons who, in the Secretary of State's opinion, represent the views of the staff concerned.

(4) If the Secretary of State gives a direction under sub-paragraph (1)(b), the new policing body—

(a) must not make the scheme unless the Secretary of State approves it, and

(b) if the Secretary of State approves the scheme with modifications, must make it with those modifications.

(5) A direction under this paragraph—

(a) must be in writing; and

(b) may be varied or revoked by a further direction.

11 (1) The Secretary of State may make one or more transfer schemes in relation to a new policing body if— E+W+S

(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.

12 (1) The Secretary of State may direct a new policing body— E+W+S

(a) to modify a transfer scheme made by that body, and

(b) to submit such a scheme to the Secretary of State for approval.

(2) Sub-paragraphs (2) to (5) of paragraph 10 apply to a direction under sub-paragraph (1) of this paragraph as they apply to a direction under sub-paragraph (1) of paragraph 10.

(3) In the application of paragraph 10(2) to (5) by virtue of sub-paragraph (2)—

(a) references to paragraph 10(1)(b) have effect as references to sub-paragraph (1)(b) of this paragraph;

(b) references to the making of a scheme have effect as references to the modification of a scheme;

(c) references to a scheme have effect as references to a scheme as modified.

(4) The Secretary of State may modify a transfer scheme made by a new policing body if—

(a) the authority does not comply with a direction given to it under sub-paragraph (1), or

(b) the Secretary of State decides not to approve the modified scheme submitted by the body.

(5) A scheme modified by the Secretary of State under sub-paragraph (4) is to be treated as if modified (and made) by the new policing body.

(6) A scheme modified in accordance with this paragraph is to be deemed for all purposes to have come into force with those modifications.