SCHEDULES

SCHEDULE 16Police reform: minor and consequential amendments

Part 3Other enactments

Local Government and Housing Act 1989

199

The Local Government and Housing Act 1989 is amended as follows.

200

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.”.

201

(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 ”.

202

(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 ”.

203

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”.

204

(1)

Section 21 (interpretation of Part 1) is amended in accordance with this paragraph.

(2)

In subsection (1), omit paragraph (g).

205

In section 67 (application of, and orders under, Part 5), in subsection (3), omit paragraph (i).

206

(1)

Section 155 (emergency financial assistance to local authorities) is amended as follows.

(2)

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

(3)

In subsection (4), for paragraph (ea) substitute—

“(ea)

a police and crime commissioner;”.