In section 50 of the Police Act 1996 (regulations for police forces), after subsection (2ZA) there is inserted—

“(2ZB)

If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g), the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a)

doing so would impair the efficiency or effectiveness of the police, or

(b)

it would be unlawful to do so, or

(c)

it would for some other reason be wrong to do so.

(2ZC)

The Secretary of State may not make regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g) unless the text of the regulations has been prepared or approved by the College of Policing.”

In section 51 of that Act (regulations for special constables), after subsection (2ZA) there is inserted—

“(2ZB)

If the College of Policing submits to the Secretary of State draft regulations with respect to—

(a)

the ranks to be held by special constables,

(b)

the qualifications for appointment and promotion of special constables,

(c)

periods of service on probation, or

(d)

maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZC)

The duty in subsection (2ZB) does not apply if the Secretary of State considers that—

(a)

making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or

(b)

it would be unlawful to make regulations in those terms, or

(c)

it would for some other reason be wrong to make regulations in those terms.

(2ZD)

The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.”

For subsection (1) there is substituted—

“(1)

The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge of their functions by chief officers of police if the College considers that—

(a)

it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,

(b)

it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations, or

(c)

it is for any other reason in the national interest to do so.”

For subsection (4) there is substituted—

“(4)

The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this section.”

After Part 3 of the Police Act 1996 there is inserted—

“PART 3AThe Police Remuneration Review Body

64AThe Police Remuneration Review Body

(1)

There shall be a body called the Police Remuneration Review Body.

(2)

It shall consist of—

(a)

a chair appointed by the Prime Minister, and

(b)

five or more other members appointed by the Secretary of State, one of whom the Secretary of State may appoint as deputy chair.

(3)

Before making an appointment, the Prime Minister or the Secretary of State shall consult the Department of Justice in Northern Ireland.

(4)

The Secretary of State may by order—

(a)

change the name of the body established by this section, and

(b)

make consequential amendments to any provision contained in or made under this or any other Act.

(5)

A statutory instrument containing an order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Schedule 4B shall have effect in relation to the Police Remuneration Review Body.

64BReports by the Police Remuneration Review Body

(1)

The Police Remuneration Review Body shall consider and report on any matter referred to it by the Secretary of State that relates to—

(a)

hours of duty,

(b)

leave,

(c)

pay and allowances, or

(d)

the issue, use and return of police clothing, personal equipment and accoutrements,

as regards members of police forces of or below the rank of chief superintendent or police cadets appointed under section 28.

(2)

A report under subsection (1) shall be submitted to—

(a)

the Secretary of State, and

(b)

the Prime Minister,

and the Secretary of State shall arrange for it to be published.

(3)

The Police Remuneration Review Body shall also consider and report on any matter referred to it by the Department of Justice in Northern Ireland that relates to—

(a)

hours of duty,

(b)

leave,

(c)

pay and allowances, or

(d)

the issue, use and return of equipment,

as regards members of the Police Service of Northern Ireland of or below the rank of chief superintendent, police trainees appointed under section 39 of the Police (Northern Ireland) Act 2000 or police cadets appointed under section 42 of that Act.

(4)

A report under subsection (3) shall be submitted to the Department of Justice, and that Department shall arrange for it to be published.

(5)

When referring a matter to the Police Remuneration Review Body, the Secretary of State or Department of Justice may give directions to that body about—

(a)

the time within which it must report;

(b)

considerations to which it must have particular regard;

(c)

the evidence that it must obtain;

(d)

matters on which it is to make recommendations.

(6)

The Police Remuneration Review Body may include in a report under this section any recommendations it considers appropriate arising out of matters referred to it under this section (whether or not it is required to do so by a direction under subsection (5)).

(7)

A reference or direction under this section may be varied or revoked.”

After section 52 of the Police Act 1996 there is inserted—

“52ARegulations about hours, leave or pay: consultation etc

(1)

This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—

(a)

hours of duty,

(b)

leave,

(c)

pay and allowances, or

(d)

the issue, use and return of police clothing, personal equipment and accoutrements.

(2)

In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a)

refer the matter to the Police Remuneration Review Body under section 64B(1), and

(b)

consider that body's report on the matter.

(3)

In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a)

consider advice on the matter from the Senior Salaries Review Body, or

(b)

where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.

(4)

This subsection applies where—

(a)

the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and

(b)

the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

(5)

The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

(a)

there is not enough time to do so because the need to make the regulations is so urgent, or

(b)

it is unnecessary to do so by reason of the nature of the proposed regulations.

(6)

In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

(a)

the persons and bodies who between them maintain police forces;

(b)

chief officers of police;

(c)

members of police forces;

(d)

police cadets appointed under section 28.

(7)

The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

(8)

A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

In section 52 of the Police Act 1996 (regulations for police cadets), at the end there is inserted—

“(3)

Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.”

In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension schemes), in paragraph 3, for sub-paragraph (3) there is substituted—

“(3)

The Secretary of State shall—

(a)

consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;

(b)

consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;

(c)

consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power as regards Northern Ireland.”

After that section there is inserted—

“25ARegulations about hours, leave, pay or equipment: consultation etc

(1)

This section applies where the Department of Justice is proposing to make regulations under section 25 by virtue of subsection (2)(j) or (l) of that section.

(2)

In the case of regulations concerning officers of or below the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

(a)

refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996, and

(b)

consider that body's report on the matter.

(3)

In the case of regulations concerning officers above the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

(a)

consider advice on the matter from the Senior Salaries Review Body, or

(b)

where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter.

(4)

This subsection applies where—

(a)

the regulations would affect officers who are not above the rank of chief superintendent as well as those who are, and

(b)

the Department of Justice thinks that it would be preferable for the matter to be considered by the same body.

(5)

The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if Department of Justice considers that—

(a)

there is not enough time to do so because the need to make the regulations is so urgent, or

(b)

it is unnecessary to do so by reason of the nature of the proposed regulations.

(6)

In all cases, before making the regulations the Department of Justice shall supply a draft of them to, and consider any representations made by—

(a)

the Board,

(b)

the Police Association, and

(c)

the Chief Constable of the Police Service of Northern Ireland.

(7)

The Department of Justice may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).”

In sub-paragraph (6), for the words from “provide that such provisions” to “shall apply” there is substituted“provide that—

(a)

such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and

(b)

such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,

shall apply ”.

After sub-paragraph (6) there is inserted—

“(6A)

An order under sub-paragraph (6) may, in particular, provide that where a provision applied by the order allows a power to be exercised only if an authorisation is given by a police officer of or above a particular rank, the authorisation may be given by a member of the Commission's staff of or above a specified grade.”

In paragraph 24C of Schedule 3 to the Police Reform Act 2002 (cases of death or serious injury where Independent Police Complaints Commission determines that disciplinary proceedings not justified), at the end there is inserted—

“(3)

The Commission may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(a)

whether or not the performance of a person serving with the police is unsatisfactory, and

(b)

what action (if any) the authority will take in respect of any such person's performance.

(4)

On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the Commission setting out the determinations the authority has made.

(5)

On receipt of a memorandum under sub-paragraph (4), the Commission shall—

(a)

consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the Commission considers appropriate;

(b)

determine whether or not to make recommendations under paragraph 27;

(c)

make such recommendations (if any) under that paragraph as it thinks fit.”

In sub-paragraph (1), at the end there is inserted“; or

(c)

has submitted, or is required to submit, a memorandum to the Commission under paragraph 24C(4).”

After sub-paragraph (3) there is inserted—

“(3A)

Where this paragraph applies by virtue of sub-paragraph (1)(c), the Commission may make a recommendation to the appropriate authority—

(a)

that the performance of a person serving with the police is, or is not, satisfactory;

(b)

that action of the form specified in the recommendation is taken in respect of the person's performance;

and it shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.”

After sub-paragraph (1) there is inserted—

“(1A)

A person is eligible for appointment if the person is or has been—

(a)

a constable in any part of the United Kingdom, or

(b)

a police officer in an approved overseas police force, of at least the approved rank.

(1B)

An “approved overseas police force” is a police force which—

(a)

is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and

(b)

is designated in relation to that country or territory by the regulations.

(1C)

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.

(1D)

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

(1E)

The Secretary of State may make regulations under this paragraph only if they give effect to a recommendation under sub-paragraph (1D).”

After subsection (3) there is inserted—

“(3A)

A person is eligible for appointment if the person is or has been—

(a)

a constable in any part of the United Kingdom, or

(b)

a police officer in an approved overseas police force, of at least the approved rank.

(3B)

An “approved overseas police force” is a police force which—

(a)

is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and

(b)

is designated in relation to that country or territory by the regulations.

(3C)

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).”

In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief constables), after paragraph 7 there is inserted—

“Financial arrangements etc

7A

(1)

A chief constable may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the chief constable, but only—

(a)

for the purpose of meeting expenses pending the receipt of revenues receivable by the chief constable in respect of the period of account in which the expenses are chargeable,

(b)

in sterling, and

(c)

with the consent of the relevant police and crime commissioner.

(2)

A chief constable—

(a)

may not borrow money except as permitted by sub-paragraph (1);

(b)

may not enter into a credit arrangement.

(3)

A chief constable may invest—

(a)

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,

but only with the consent of the relevant police and crime commissioner.

(4)

The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts) apply in relation to a chief constable as they apply in relation to a local authority—

(a)

section 6 (protection of lenders);

(b)

section 7 (meaning of “credit arrangements”);

(c)

sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6);

(d)

section 13 (security for money borrowed etc);

(e)

section 14 (information);

(f)

section 15 (guidance);

(g)

section 16 (meaning of “capital expenditure”);

(h)

section 17 (external funds);

(i)

section 18 (companies etc), ignoring any reference to a Passenger Transport Executive;

(j)

section 20 (directions);

(k)

sections 21 and 22 (accounts);

(l)

section 24(1) and (2)(b) (application to Wales).

(5)

Regulations made by the Secretary of State under any of the provisions listed in sub-paragraph (4) apply in relation to the chief constable of a police force in England as they apply in relation to a local authority in England.

(6)

Regulations made by the Welsh Ministers under any of those provisions apply in relation to the chief constable of a police force in Wales as they apply in relation to a local authority in Wales.

(7)

Any of those provisions, or regulations made under them, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3).

(8)

An order under section 217 or 218 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies—

(a)

with the substitution of a reference to a chief constable for a reference to a local authority, and

(b)

with any other necessary modifications.”

In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after paragraph 4 there is inserted—

“Financial arrangements etc

4A

(1)

The Commissioner of Police of the Metropolis may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the Commissioner, but only—

(a)

for the purpose of meeting expenses pending the receipt of revenues receivable by the Commissioner in respect of the period of account in which the expenses are chargeable,

(b)

in sterling, and

(c)

with the consent of the Mayor's Office for Policing and Crime.

(2)

The Commissioner of Police of the Metropolis—

(a)

may not borrow money except as permitted by sub-paragraph (1);

(b)

may not enter into a credit arrangement.

(3)

The Commissioner of Police of the Metropolis may invest—

(a)

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,

but only with the consent of the Mayor's Office for Policing and Crime.

(4)

The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), and any regulations made under them by the Secretary of State, apply in relation to the Commissioner of Police of the Metropolis as they apply in relation to a local authority in England—

(a)

section 6 (protection of lenders);

(b)

section 7 (meaning of “credit arrangements”);

(c)

sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6);

(d)

section 13 (security for money borrowed etc);

(e)

section 14 (information);

(f)

section 15 (guidance);

(g)

section 16 (meaning of “capital expenditure”);

(h)

section 17 (external funds);

(i)

section 18 (companies etc), ignoring any reference to a Passenger Transport Executive;

(j)

section 20 (directions);

(k)

sections 21 and 22 (accounts).

(5)

Any of those provisions, or regulations made under them by the Secretary of State, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3).

(6)

An order under section 217 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies—

(a)

with the substitution of a reference to the Commissioner of Police of the Metropolis for a reference to a local authority, and

(b)

with any other necessary modifications.”

In section 46 of the Police Act 1996 (police grant), in subsection (1), for the words from “for each financial year” to the end of paragraph (b) there is substituted“for each financial year—

(a)

make grants to police and crime commissioners for the purposes of their functions,

(b)

make grants to the Common Council for the purposes of its functions as police authority, and

(c)

make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;”.

For section 63P of the Police and Criminal Evidence Act 1984 (section 63D material obtained for one purpose and used for another) there is substituted—

“63PRetention of 63D material in connection with different offence

(1)

Subsection (2) applies if—

(a)

section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and

(b)

the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.

(2)

Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—

(a)

in connection with the investigation of the offence mentioned in subsection (1)(b),

(b)

on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).”

In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions of the Chief Inspector of the Crown Prosecution Service), after subsection (3) there is inserted—

“(3A)

This section applies to the Serious Fraud Office as it applies to the Crown Prosecution Service.”

After subsection (10) there is inserted—

“(11)

Subsection (10) is not to be read as affecting the jurisdiction of the Tribunal conferred by section 65 of the Regulation of Investigatory Powers Act 2000 or section 23 of the Regulation of Investigatory Powers (Scotland) Act 2000.”

After section 142 there is inserted—

“142AOther 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)

Bridge Street,

(ii)

St Margaret's Street, and

(iii)

Abingdon Street,

(b)

so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden,

(c)

Old Palace Yard,

(d)

Abingdon Street Garden (and its pathways), and

(e)

Victoria Tower Gardens.

(2)

In subsection (1)—

“Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;

“highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act);

“Old Palace Yard” includes the King George V Memorial.”

After section 88 (fixed penalty notices for leaving litter) there is inserted—

“88ALittering from vehicles: civil penalty regime

(1)

The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the vehicle.

(2)

A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper).

(3)

Regulations under this section must make provision—

(a)

setting the amount of fixed penalties or specifying how the amount is to be determined;

(b)

about the period within which fixed penalties must be paid;

(c)

for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge any liability for conviction for the offence (whether on the part of the keeper or anybody else);

(d)

for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”);

(e)

about the persons authorised to give penalty notices;

(f)

about the procedure to be followed in giving penalty notices;

(g)

about the form and content of penalty notices;

(h)

conferring rights to make representations about, and to bring appeals against, penalty notices.

(4)

Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect of a vehicle only if—

(a)

the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a “litter authority” in relation to a fixed penalty payable under the regulations), or

(b)

the person is an authorised officer of a litter authority,

and regulations under this section may include provision about the meaning of “authorised officer”.

(5)

Regulations under this section may include provision—

(a)

for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered summarily as a civil debt or as if payable under an order of a court if the court so orders);

(b)

about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter authority to be applied for the purposes of such functions of the authority as the regulations may specify);

(c)

about the application of the regulations to keepers of vehicles in the public service of the Crown.

(6)

Regulations under this section may, in consequence of any provision contained in the regulations, amend—

(a)

this Part, or

(b)

Part 2 of the London Local Authorities Act 2007.

(7)

Regulations under this section may—

(a)

make provision corresponding or similar to any provision made by or under section 88;

(b)

make provision subject to exceptions;

(c)

include saving, transitional, transitory, supplementary or consequential provision.

(8)

Provision of the kind mentioned in subsection (7)(a) may include provision—

(a)

conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether or not of a corresponding or similar kind to those mentioned in section 97A(2));

(b)

creating an offence of the kind mentioned in section 88(8B) and (8C),

but may not include provision conferring power on a person to make orders or regulations.

(9)

In this section—

“keeper”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

“litter authority” has the meaning given in subsection (4)(a);

“registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;

“registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;

“vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.”

In section 161 (regulations, orders and directions), after subsection (2ZA) there is inserted—

“(2ZB)

Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations—

(a)

are the first set of regulations to be made under that section, or

(b)

include provision falling within subsection (3)(a) or (6) of that section.

(2ZC)

A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”