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Police Reform and Social Responsibility Act 2011

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  • specified provision(s) amendment to earlier commencing SI 2011/3019 art. 7 8 by S.I. 2012/2892 art. 8

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Commencement Orders bringing legislation that affects this Act into force:

Police Reform Act 2002E+W

277The Police Reform Act 2002 is amended as follows.E+W

278(1)Section 10 (general functions of the Commission) is amended in accordance with this paragraph.E+W

(2)In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute “ local policing bodies ”.

(3)In subsection (3)(d), for “police authority” substitute “ local policing body ”.

279In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a), (9) and (10)(b), for “police authority” substitute “ local policing body ”.E+W

280In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (7)—E+W

(a)after paragraph (a) insert—

(aa)he is a civilian employee of a police force;;

(b)in paragraph (b), for “a police authority” substitute “ the Common Council of the City of London ”.

281(1)Section 15 (general duties of police authorities, chief constables and inspectors) is amended in accordance with this paragraph.E+W

(2)In the title, for “police authorities” substitute local policing bodies.

(3)In subsections (1)(a) and (3)(a), for “police authority” substitute “ local policing body ”.

(4)In subsection (3)(c), for “police authority” substitute “ local policing body ”.

(5)In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute “ local policing body ”.

282(1)Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.E+W

(2)In subsection (3)—

(a)for “police authority” (in each place) substitute “ local policing body ”;

(b)in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

(3)In subsection (4)—

(a)for “police authority” substitute “ local policing body ”;

(b)in paragraph (a), for “that authority” substitute “ that body ”;

(c)in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

(4)In subsection (5), for “police authority” substitute “ local policing body ”.

(5)In subsection (6), for “police authorities” (in each place) substitute “ local policing bodies ”.

283(1)Section 16A (police investigations: National Police Improvement Agency involvement) is amended in accordance with this paragraph.E+W

(2)In subsection (1), for “police authority” substitute “ local policing body ”.

(3)In subsection (7)—

(a)for “police authority” substitute “ local policing body ”;

(b)in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

284In section 17 (provision of information to the Commission)—E+W

(a)in subsection (1)(a), for “police authority” substitute “ local policing body ”;

(b)in subsection (2)—

(i)for “police authority” substitute “ local policing body ”;

(ii)in paragraph (a), for “that authority” substitute “ that body ”;

(c)in subsection (4)—

(i)for “police authority” substitute “ local policing body ”;

(ii)in paragraphs (a) and (b), for “that authority” substitute “ that body ”;

(d)in subsection (6), for “police authority” substitute “ local policing body ”.

285In section 18 (inspections of police premises on behalf of Commission)—E+W

(a)in subsection (1)—

(i)for “the authority” substitute “ the body ”;

(ii)in paragraph (a), for “police authority” substitute “ local policing body ”;

(b)in subsection (3), for “the authority” substitute “ the body ”;

(c)in subsection (5)(b), for “police authorities” substitute “ local policing bodies ”.

286In section 20 (duty to keep the complainant informed), in subsection (8), for “police authority” substitute “ local policing body ”.E+W

287(1)Section 22 (power of Commission to issue guidance) is amended as follows.E+W

(2)In subsection (1)(a), for “police authorities” substitute “ local policing bodies ”.

(3)In subsection (3), for paragraph (a) substitute—

(a)such persons as appear to the Commission to represent the views of police and crime commissioners;

(aa)the Mayor's Office for Policing and Crime;

(ab)the Common Council;.

288In section 23 (regulations), in subsection (2)(n), for “police authorities” substitute “ local policing bodies ”.E+W

289In section 24 (consultation on regulations), for paragraph (b) substitute—E+W

(b)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(ba)the Mayor's Office for Policing and Crime;

(bb)the Common Council;.

290(1)Section 26 (forces maintained otherwise than by police authorities) is amended in accordance with this paragraph.E+W

(2)In the title, for “police authorities” substitute local policing bodies.

(3)In subsections (1)(b) and (2), for “police authority” substitute “ local policing body ”.

291In section 29 (interpretation of Part 2), in subsection (1)—E+W

(a)in the definition of “appropriate authority”—

(i)in paragraph (a)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

(ii)in paragraph (a)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

(iii)in paragraph (b)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

(iv)in paragraph (b)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

(v)after paragraph (b)(ii) insert— “ and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839; ”;

(b)in the definition of “relevant force”, for paragraph (a) substitute—

(a)if that authority is a local policing body, the police force which the body is responsible for maintaining; and;

(c)omit the definition of “senior officer”.

292(1)Section 38 (police powers for police authority employees) is amended in accordance with this paragraph.E+W

(2)In the title, for “police authority employees” substitute civilian staff.

(3)In subsection (1), for the words from “designate” to “an officer” substitute “ designate a relevant employee as an officer ”.

(4)In subsection (7), for “An employee of a police authority” substitute “ A relevant employee ”.

(5)After subsection (9) insert—

(11)In this section “relevant employee” means—

(a)in the case of—

(i)a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or

(ii)the police force maintained for the metropolitan police district in accordance with section 5A of that Act,

a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);

(b)in the case of any other police force, a person who—

(i)is employed by the police authority maintaining that force, and

(ii)is under the direction and control of the chief officer making a designation under subsection (1)..

293In section 38A (standard powers and duties of community support officers), in subsection (3), for paragraph (a) substitute—E+W

(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(ab)the Mayor's Office for Policing and Crime;

(ac)the Common Council of the City of London; and.

294(1)Section 39 (police powers for contracted out staff) is amended in accordance with this paragraph.E+W

(2)In subsections (1) and (2), for “police authority” substitute “ local policing body ”.

(3)In subsection (11), for paragraph (a) substitute—

(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor's Office for Policing and Crime;

(ab)the Common Council of the City of London; and.

(4)In subsection (13)(b), for “police authority” substitute “ local policing body ”.

295(1)Section 40 (community safety accreditation schemes) is amended in accordance with this paragraph.E+W

(2)In subsection (4)(a), for “police authority” substitute “ local policing body ”.

(3)In subsection (5), for paragraph (a) substitute—

(a)the Mayor's Office for Policing and Crime;.

(4)In subsection (7)—

(a)for “police plan under section 8 of the 1996 Act” substitute “ police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 ”;

(b)omit the words from “and every draft” to “this section,” (in the second place);

(c)for “police authority” (in each place) substitute “ local policing body ”.

296In section 42 (supplementary provisions relating to designations and accreditations), in subsection (7)—E+W

(a)for “police authority” (in each place) substitute “ chief officer of police or local policing body ”;

(b)for “that authority” substitute “ that chief officer or body ”.

297In section 43 (railway safety accreditation scheme), in subsection (9), for paragraph (c) substitute—E+W

(c)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(ca)the Mayor's Office for Policing and Crime;

(cb)the Common Council of the City of London; and.

298In section 45 (code of practice relating to chief officers' powers under Chapter 1), in subsection (3), for paragraph (c) substitute—E+W

(c)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(ca)the Mayor's Office for Policing and Crime;

(cb)the Common Council of the City of London; and.

299(1)Section 51 (independent custody visitors for places of detention) is amended in accordance with this paragraph.E+W

(2)In subsection (1), for “police authority” substitute “ local policing body ”.

(3)In subsection (1A) (inserted by section 117 of the Coroners and Justice Act 2009), for “police authority” substitute “ local policing body ”.

(4)In subsection (2)—

(a)in paragraph (a), for “police authority” substitute “ local policing body ”;

(b)in paragraph (b), for “that authority” substitute “ that body ”.

(5)In subsection (3), for “police authority” substitute “ local policing body ”.

(6)In subsection (6), for “police authorities” substitute “ local policing bodies ”.

(7)In subsection (7), for paragraph (a) substitute—

(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor's Office for Policing and Crime;

(ab)the Common Council of the City of London;.

(8)In subsection (9), for “Police authorities” substitute “ local policing bodies ”.

(9)In subsection (10)—

(a)before its substitution by virtue of section 117 of the Coroners and Justice Act 2009, for “police authority” substitute “ local policing body ”;

(b)as substituted by virtue of section 117 of the Coroners and Justice Act 2009, for “police authority” substitute “ local policing body ”.

300(1)In Schedule 3 (handling of complaints and conduct matters etc), Part 1 (handling of complaints) is amended in accordance with this paragraph.E+W

(2)In paragraph 1—

(a)in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute “ local policing body ”;

(b)in sub-paragraph (6), for “police authority” substitute “ local policing body ”.

(3)In paragraph 2—

(a)in sub-paragraphs (2) and (5), for “police authority” substitute “ local policing body ”;

(b)in sub-paragraph (6)(a)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “the authority” substitute “ the body ”;

(c)in sub-paragraph (6)(c), for “police authority” substitute “ local policing body ”;

(d)in sub-paragraph (6), in the words after sub-paragraph (c), for “the authority” substitute “ the body ”.

(4)In paragraph 3—

(a)in sub-paragraph (1), for “police authority” substitute “ local policing body ”;

(b)in sub-paragraph (2)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “the authority” substitute “ the body ”;

(c)in sub-paragraphs (3), (4) (in each place), and (6) (in each place), for “police authority” substitute “ local policing body ”.

(5)In paragraph 4—

(a)in sub-paragraph (3)—

(i)for “police authority” (in each place) substitute “ local policing body ”;

(ii)in sub-paragraph (a), for “that authority” substitute “ that body ”;

(b)in sub-paragraph (5)(b), for “police authority” substitute “ local policing body ”;

(c)in sub-paragraph (6)—

(i)for “police authority” substitute “ local policing body ”;

(ii)in sub-paragraph (b), for “that authority” substitute “ that body ”.

(6)In paragraph 5(1), for “police authority” substitute “ local policing body ”.

301(1)In Schedule 3 (handling of complaints and conduct matters etc), Part 2 (handling of conduct matters) is amended in accordance with this paragraph.E+W

(2)In paragraph 10—

(a)in sub-paragraph (1)—

(i)in sub-paragraph (a) for “police authority” (in each place) substitute “ local policing body ”;

(ii)in sub-paragraphs (a) and (b), for “that authority” substitute “ that body ”;

(b)in sub-paragraph (2), for “the authority” substitute “ the body ”;

(c)in sub-paragraph (3), for “police authority” substitute “ local policing body ”.

(3)In paragraph 11(1)(a), for “police authority” substitute “ local policing body ”.

(4)In paragraph 12—

(a)in sub-paragraph (1)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “that authority” substitute “ that body ”;

(b)in sub-paragraph (5), for “police authority” substitute “ local policing body ”;

(c)in sub-paragraph (6), for “police authority” substitute “ local policing body ”.

(5)In paragraph 13—

(a)in sub-paragraph (1)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “the authority” substitute “ the body ”;

(b)in sub-paragraph (3)—

(i)for “police authority” substitute “ local policing body ”;

(ii)in sub-paragraph (b), for “police authority” substitute “ local policing body ”;

(c)in sub-paragraph (5)(b), for “police authority” substitute “ local policing body ”;

(d)in sub-paragraph (6)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “that authority” (in each place) substitute “ that body ”.

(6)In paragraph 14(1), for “police authority” substitute “ local policing body ”.

302(1)In Schedule 3 (handling of complaints and conduct matters etc), Part 2A (handling of death and serious injury matters) is amended in accordance with this paragraph.E+W

(2)In paragraph 14A(1), for “police authority” substitute “ local policing body ”.

(3)In paragraph 14B—

(a)in sub-paragraph (1)—

(i)for “police authority” substitute “ local policing body ”;

(ii)for “that authority” (in each place) substitute “ that body ”;

(b)in sub-paragraph (5), for “police authority” substitute “ local policing body ”;

(c)in sub-paragraph (6), for “police authority” substitute “ local policing body ”.

(4)In paragraph 14D(1), for “police authority” substitute “ local policing body ”.

303In Schedule 4 (powers exercisable by police civilians), in paragraph 7 (confiscation of tobacco etc), for “police authority” substitute “ local policing body ”.E+W

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