The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2021

Statutory Instruments

2021 No. 547

Police, England And Wales

The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2021

Made

4th May 2021

Laid before Parliament

6th May 2021

Coming into force

31st May 2021

The Secretary of State makes the following Order in exercise of the powers conferred by section 11(2) of the Police Reform and Social Responsibility Act 2011(1).

Citation, commencement and extent

1.—(1) This Order may be cited as the Elected Local Policing Bodies (Specified Information) (Amendment) Order 2021 and comes into force on 31st May 2021.

(2) This Order extends to England and Wales.

Amendment of the Elected Local Policing Bodies (Specified Information) Order 2011

2.—(1) The Elected Local Policing Bodies (Specified Information) Order 2011(2) is amended as follows.

(2) In article 2, in paragraph (1)—

(a) in sub-paragraph (a), omit “and”;

(b) in sub-paragraph (b), after “Schedule” insert “, and”;

(c) after sub-paragraph (b), insert—

“(c) the manner of publication set out in Part 3 of the Schedule”.

(3) In Part 1 of the Schedule, after paragraph 7, insert—

“7A.   In relation to the key national priorities for policing, as communicated to elected local policing bodies by the Secretary of State—

(a) a statement on the contribution of the police force maintained by the elected local policing body to achieving improvements against those priorities;

(b) an explanation of which of the national priorities are assessed to be applicable and which not applicable in the context of the relevant police area and the reasons for that assessment.

7B.   In relation to inspections and reports by the inspectors of constabulary under section 54(2) of the Police Act 1996 (appointment and functions of inspectors of constabulary)(3), the most recent—

(a) annual report on the effectiveness, efficiency and legitimacy of the police force maintained by the elected local policing body;

(b) summary assessment of the performance of the police force maintained by the elected local policing body.

7C.   In relation to complaints concerning the police force maintained by the elected local policing body—

(a) the most recent—

(i) quarterly data in relation to that police force;

(ii) annual statistics report,

published by the Independent Office for Police Conduct;

(b) a report setting out—

(i) details of how the elected local policing body has fulfilled its duty under—

(aa) in the case of police and crime commissioners, section 1(8)(ca) of the 2011 Act (police and crime commissioners)(4) to hold the chief constable to account for the exercise of the chief constable’s functions under Part 2 of the Police Reform Act 2002(5) in relation to the handling of complaints;

(bb) in the case of the Mayor’s Office for Policing and Crime, section 3(8)(ca) of the 2011 Act (Mayor’s Office for Policing and Crime)(6) to hold the Commissioner of Police of the Metropolis to account for the exercise of the Commissioner’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(ii) an assessment by the elected local policing body of its performance in exercising its functions under paragraph 30(1)(b) of Schedule 3 to the Police Reform Act 2002 (reviews: the relevant review body)(7);

(iii) where the elected local policing body has given notice to the chief officer of the police force maintained by the body under section 13A of the Police Reform Act 2002 (local policing bodies: functions in relation to complaints)(8) that it is to exercise certain functions of the chief officer in relation to complaints, an assessment by the body of its performance in exercising those functions.”.

(4) In Part 2 of the Schedule, after paragraph 16 insert—

“16A.   The information specified in paragraph 7A—

(a) is to be published at the same time as the elected local policing body’s police and crime plan issued in accordance with section 5(1) of the 2011 Act (police and crime commissioners to issue police and crime plans), and

(b) is to be reviewed, and any variation published—

(i) quarterly thereafter, and

(ii) within the period of one month beginning with the date of publication of an annual report by the inspectors of constabulary on the effectiveness, efficiency and legitimacy of the police force maintained by the elected local policing body.

16B.   The information specified in paragraph 7B is to be published within the period of one month beginning with the date of publication by the inspectors of constabulary of—

(a) in the case of paragraph 7B(a), a report referred to in that paragraph;

(b) in the case of paragraph 7B(b), a summary assessment referred to in that paragraph.

16C.   The information specified in—

(a) paragraph 7C(a) is to be published within the period of one month beginning with the date of publication of the data or report referred to in that sub-paragraph;

(b) paragraph 7C(b) is to be published annually, within the period of one month beginning with the date of publication of the annual statistics report referred to in paragraph 7C(a).”.

(5) After Part 2 of the Schedule, insert—

“Part 3 Manner of Publication

18.   The information specified in paragraphs 7A, 7B and 7C is to be published in a prominent place on the website of the elected local policing body.

19.   The information specified in paragraph 7B is to be published in a manner that includes a link to the information published by the elected local policing body under section 55(5) (publication of reports) of the Police Act 1996(9).”.

Kit Malthouse

Minister of State

Home Office

4th May 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Elected Local Policing Bodies (Specified Information) Order 2011 (S.I. 2011/3050) (“the 2011 Order”), which specifies information that must be published by elected local policing bodies (police and crime commissioners, and the Mayor’s Office for Policing and Crime) for the purposes of section 11 of the Police Reform and Social Responsibility Act 2011 (c. 13).

The 2011 Order sets out the details of information that must be published and the time of publication of that information. This Order specifies additional information that must be published, in relation to the performance of the elected local policing body and the police force for which the body is responsible. It also specifies the manner in which the additional information must be published.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2011 c. 13.

(2)

S.I. 2011/3050, amended by S.I. 2012/2479, 2013/1816, 2017/863 and 2017/1250.

(3)

1996 c. 16. Section 54(2) was amended by the Criminal Justice and Police Act 2001 (c. 16), Schedule 7, Part 3; the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 17, Part 2; the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 28, Part 8, and the Police Reform and Social Responsibility Act 2011, section 83(2).

(4)

Section 1(8)(ca) was inserted by the Policing and Crime Act 2017 (c. 3), section 22(1).

(5)

2002 c. 30.

(6)

Section 3(8)(ca) was inserted by the Policing and Crime Act 2017, section 22(2).

(7)

Paragraph 30(1)(b) was inserted by the Police Reform and Social Responsibility Act 2011, Schedule 14, paragraph 22, and amended by the Policing and Crime Act 2017, Schedule 5, paragraphs 38 and 39.

(8)

Section 13A was inserted by the Policing and Crime Act 2017, section 13.

(9)

Section 55(5) was amended by the Police Reform and Social Responsibility Act 2011, section 84(6).