Part VIPolice and Probation Services
The Metropolitan Police Authority and its police force
310Establishment, membership and duty to maintain police force
(1)After section 5 of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“The metropolitan police force
5AMaintenance of the metropolitan police force
A police force shall be maintained for the metropolitan police district.
5BEstablishment of the Metropolitan Police Authority
(1)There shall be a police authority for the metropolitan police district.
(2)The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.
5CMembership etc of the Metropolitan Police Authority
(1)The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).
(2)The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.
(3)Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult—
(a)the Greater London Authority;
(b)the Metropolitan Police Authority; and
(c)the person or body responsible for the appointment of members of the Greater London Magistrates' Courts Authority under regulations made under section 30B of the Justices of the [1997 c. 25.] Peace Act 1997 (which, by virtue of paragraph 5(b) of Schedule 2A to this Act, appoints magistrates to be members of the Metropolitan Police Authority).
(4)An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.
(5)A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.
(6)Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.
The metropolitan police and forces outside London.”
(2)After Schedule 2 to the [1996 c. 16.] Police Act 1996 there shall be inserted the Schedule 2A set out in Schedule 26 to this Act.
311Assimilation of general functions to those of other police authorities
In section 6 of the [1996 c. 16.] Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted—
“(5)This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
312Metropolitan Police Authority to be police authority instead of Secretary of State
(1)Section 101 of the [1996 c. 16.] Police Act 1996 (interpretation) shall be amended as follows.
(2)In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “Metropolitan Police Authority”.
(3)In the definition of “police fund”—
(a)in paragraph (a), after “force maintained under section 2” there shall be inserted “or the metropolitan police force”, and
(b)paragraph (b) shall cease to have effect.
313Openness
(1)Section 100J of the [1972 c. 70.] Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.
(2)In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted—
“(eza)the Metropolitan Police Authority;”.
(3)In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “(eza),”.
(4)In subsection (4) (application of section 100G(1)(a) relating to registers of members in the [1996 c. 16.] case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “or the Metropolitan Police Authority”.
Commissioners and Commanders
314General functions of the Commissioner
After section 9 of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9AGeneral functions of the Commissioner of Police of the Metropolis
(1)The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.
(2)In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.”
315Appointment of Commissioner
After section 9A of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9BAppointment of Commissioner of Police of the Metropolis
(1)There shall be a Commissioner of Police of the Metropolis.
(2)Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.
(3)A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.
(4)Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.
(5)Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—
(a)any recommendations made to him by the Metropolitan Police Authority; and
(b)any representations made to him by the Mayor of London.
(6)Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.”
316Functions of the Deputy Commissioner
After section 9B of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9CFunctions of Deputy Commissioner of Police of the Metropolis
(1)The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—
(a)during any absence, incapacity or suspension from duty of the Commissioner,
(b)during any vacancy in the office of the Commissioner, or
(c)at any other time, with the consent of the Commissioner.
(2)The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.
(3)The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.”
317Appointment of Deputy Commissioner
After section 9C of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9DAppointment of Deputy Commissioner of Police of the Metropolis
(1)There shall be a Deputy Commissioner of Police of the Metropolis.
(2)Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.
(3)A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.
(4)Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.
(5)Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—
(a)any recommendations made to him by the Metropolitan Police Authority; and
(b)any representations made to him by the Commissioner.
(6)In this section—
“the Commissioner” means the Commissioner of Police of the Metropolis;
“Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.”
318Removal of Commissioner or Deputy Commissioner
After section 9D of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9ERemoval of Commissioner or Deputy Commissioner
(1)The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.
(2)Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.
(3)Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.
(4)This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.
(5)This section is without prejudice to—
(a)section 9B(3),
(b)section 9D(3),
(c)any regulations under section 50, or
(d)any regulations under the [1976 c. 35.] Police Pensions Act 1976.”
319Appointment, removal and functions of Assistant Commissioners
After section 9E of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9FAssistant Commissioners of Police of the Metropolis
(1)The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).
(2)Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
(3)Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.
(4)Subsection (3) is without prejudice to—
(a)any regulations under section 50, or
(b)any regulations under the [1976 c. 35.] Police Pensions Act 1976.
(5)An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.
(6)Subsection (5) is without prejudice to any regulations under section 50.”
320Appointment and removal of Commanders
After section 9F of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9GCommanders
(1)The ranks that may be held in the metropolitan police force shall include that of Commander.
(2)Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
(3)Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.
(4)Subsection (3) is without prejudice to—
(a)any regulations under section 50, or
(b)any regulations under the [1976 c. 35.] Police Pensions Act 1976.”
321Continuation in post of Commissioners and Commanders
(1)Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the [1829 c. 44.] Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the [1996 c. 16.] Police Act 1996.
(2)If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the [1856 c. 2.] Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the [1996 c. 16.] Police Act 1996.
(3)Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the [1856 c. 2.] Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the [1996 c. 16.] Police Act 1996.
(4)Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the [1996 c. 16.] Police Act 1996.
Other members
322Other members of the metropolitan police force
After section 9G of the [1996 c. 16.] Police Act 1996 there shall be inserted—
“9HOther members of the metropolitan police force
(1)The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.
(2)The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—
(a)Commissioner of Police of the Metropolis,
(b)Deputy Commissioner of Police of the Metropolis,
(c)Assistant Commissioner of Police of the Metropolis, and
(d)Commander,
those of superintendent, chief inspector, inspector, sergeant and constable.
(3)In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.”
The metropolitan police district
323Alteration of the metropolitan police district
In section 76 of the [1963 c. 33.] London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted—
“(1)The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple.”
324Secondments to meet demands caused by the boundary change
(1)The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the [1996 c. 16.] Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.
(2)An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained.
(3)While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the [1996 c. 16.] Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.
(4)The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.
(5)This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.
(6)Expressions used in this section and in the [1996 c. 16.] Police Act 1996 have the same meaning in this section as they have in that Act.
Miscellaneous police amendments
325Further amendments relating to metropolitan police etc
Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.
The probation service
326Organisation of probation service in Greater London
(1)The Secretary of State may by order make provision for combining in one probation area (“the Greater London probation area”) all of the petty sessions areas which fall wholly within Greater London.
(2)An order under subsection (1) above may make provision for the purpose of, or in connection with, organising the probation service for the Greater London probation area.
(3)The provision that may be made under subsection (2) above—
(a)includes provision for the qualifying expenses of any probation committee for the Greater London probation area to be defrayed by the Secretary of State, and
(b)in consequence of the provision mentioned in paragraph (a) above, includes provision requiring the Receiver for the Metropolitan Police District to refrain from exercising the functions conferred on him by the [1993 c. 47.] Probation Service Act 1993.
(4)In subsection (3) above the reference to the qualifying expenses of any probation committee for the Greater London probation area shall be construed in accordance with section 17 of the Probation Service Act 1993.
(5)The provision that may be made under subsection (2) above includes provision relating to the appointment of, and allowances payable to, members of any probation committee for the Greater London probation area and any probation liaison committee for any area in the Greater London probation area.
(6)Without prejudice to section 405(1) below, the provision that may be made under subsection (1) or (2) above includes provision amending or repealing provisions of the [1993 c. 47.] Probation Service Act 1993.
(7)The Secretary of State may by order make provision for including in the Greater London probation area any petty sessions area outside that probation area.
(8)Before making an order under this section the Secretary of State shall give the justices acting for any petty sessions area affected by the order an opportunity of making representations about it, and shall consider any such representations.
The Receiver for the Metropolitan Police District
327Abolition of office of Receiver
(1)When the Secretary of State is satisfied that—
(a)provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the [1999 c. 22.] Access to Justice Act 1999 or any other enactment whenever passed), and
(b)provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),
the Secretary of State may by order provide for the abolition of the office of the Receiver.
(2)In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.