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The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012

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Statutory Instruments

2012 No. 2892 (C. 111)

Police, England And Wales

The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012

Made

14th November 2012

The Secretary of State makes the following Order in exercise of the powers conferred by sections 154(5) and 157(1) of the Police Reform and Social Responsibility Act 2011(1).

Citation and interpretation

1.—(1) This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012.

(2) In this Order “the Act” means the Police Reform and Social Responsibility Act 2011.

Provisions coming into force on 22nd November 2012

2.  The day appointed for the coming into force of the following provisions of the Act is 22nd November 2012—

(a)Part 1 (police reform), in so far as it is not already in force;

(b)Schedule 1 (police and crime commissioners);

(c)Schedule 2 (chief constables);

(d)Schedule 5 (issuing precepts);

(e)Schedule 8 (appointment, suspension and removal of senior police officers);

(f)Schedule 11 (crime and disorder strategies), in so far as it is not already in force;

(g)Schedule 14 (police: complaints), in so far as it is not already in force;

(h)Schedule 15 (police reform: transitional provision), in so far as it is not already in force;

(i)Schedule 16 (police reform: minor and consequential amendments), in so far as it is not already in force.

Transitional provision in relation to the accounts of police authorities

3.  Regulations 7 and 8 of the Accounts and Audit (England) Regulations 2011(2) shall not apply to a police authority in England established under section 3 of the Police Act 1996(3) in relation to the financial year beginning on 1st April 2012.

Transitory provision in relation to the appointment of a police and crime commissioner’s chief executive and chief finance officer

4.—(1) This article applies on the first occasion when a police and crime commissioner of any police area exercises the power—

(a)to appoint a person to be the commissioner’s chief executive under paragraph 6(1)(a) of Schedule 1 to the Act; or

(b)to appoint a person to be the commissioner’s chief finance officer under paragraph 6(1)(b) of that Schedule.

(2) Paragraphs 9 to 12 of Schedule 1 to the Act do not apply—

(a)to the appointment of a person as chief executive if, immediately before the coming into force of section 1 of the Act, the person was serving as the chief executive of the police authority for the same police area appointed under section 16(1) of the Police Act 1996(4); or

(b)to the appointment of a person as chief finance officer if, immediately before the coming into force of section 1 of the Act, the person was responsible for the proper administration of the police authority’s financial affairs in accordance with section 112(1) of the Local Government Finance Act 1988(5).

Transitory provision in connection with civilian staff of police forces

5.—(1) This article applies, in relation to any police force maintained under section 2 of the Police Act 1996, until there is no longer any person employed as a police civilian member of the staff of the police and crime commissioner by whom that police force is maintained, within the meaning of paragraph 7(10)(b) of Schedule 15 to the Act.

(2) Section 102(4) of the Act has effect as if before paragraph (a) there was inserted—

(aa)persons—

(i)who are members of the staff of the police and crime commissioner by whom the police force is maintained; and

(ii)who are under the direction and control of the chief constable,.

(3) Where the chief constable—

(a)appoints a person to be the police force’s chief finance officer under paragraph 4(1) of Schedule 2 to the Act; or

(b)appoints a person to act as the chief finance officer under paragraph 5(1) of that Schedule,

that person does not become a member of the staff of the chief constable by virtue of the appointment, but becomes or remains a police civilian member of the staff of the police and crime commissioner by whom the police force is maintained.

(4) Section 29(1) of the Act (which allows a police and crime panel to require members of the staff of the police and crime commissioner to attend before the panel and answer questions) shall not apply in relation to a police civilian member of the commissioner’s staff.

(5) Section 62(1) of the Act (which requires a police and crime panel to appoint a member of the staff of a police and crime commissioner as acting commissioner in certain circumstances) shall not permit the panel to appoint a person who is a police civilian member of the commissioner’s staff.

Transitional provision in relation to police complaints and misconduct

6.—(1) This article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.

(2) With the exception of paragraphs 4, 7 and 8(1), (2), (3), (4) and (6) (which have effect as modified by paragraph (3) of this article), the provisions of Schedule 14 to the Act brought into force by this Order shall not apply in relation to the complaint or matter.

(3) Paragraph 4 of Schedule 14 to the Act has effect in relation to the complaint or matter as if it read—

4.  In section 14 (direction and control matters)—

(a)in subsection (2) for “police authorities” substitute “local policing bodies”;

(b)in subsection (3) for “police authority” substitute “local policing body”..

(4) In this article “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002(6).

Transitory provision in relation to members of the National Policing Improvement Agency

7.—(1) This article has effect in relation to the first occasion when the Secretary of State appoints a person to be a member of the National Policing Improvement Agency in consequence of the coming into force of paragraph 360(4)(b) of Schedule 16 to the Act.

(2) Paragraph 360(4)(b) shall have effect as if it read—

(b)in sub-paragraph (4)(a), for “nominated by the Association of Police Authorities” substitute “who appears to the Secretary of State to represent the views of police and crime commissioners”..

Amendment to the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011

8.—(1) The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011(7) is amended as follows.

(2) In article 7 (transitory provision in connection with the civilian staff of the metropolitan police force), at the end insert—

(4) Section 33(5) and (6)(b) of the Act (which allows the London Assembly to require any member of the staff of the Mayor’s Office for Policing and Crime to attend proceedings of the Assembly for the purpose of giving evidence, or to produce documents to the Assembly) shall not apply in relation to a police civilian member of the staff of the Office..

(3) In article 8 (transitional and transitory provision and savings in connection with police complaints and misconduct), for paragraph (1) substitute—

8.(1) Paragraph (2) of this article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.

(1A) In paragraph (1A), “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002.

(1B) Paragraphs (3) and (4) of this article apply until the coming into force of section 1 of the 2011 Act.

Damian Green

Minister of State

Home Office

14th November 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the following provisions of the Police Reform and Social Responsibility Act 2011 (“the Act”) into force on 22nd November 2012, to the extent that they are not already in force: Part 1, Schedule 1, Schedule 2, Schedule 5, Schedule 8, Schedule 11, Schedule 14, Schedule 15 and Schedule 16. The Order also makes transitional provision.

This Order also amends article 8 of the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (“the 2011 Order”), which makes transitional provision in relation to provisions of the Act concerning police complaints and misconduct which came into force in the metropolitan police district on 16th January 2012.

The result is that the provision made by article 8(2) of the 2011 Order, which was to have effect until the coming into force of section 1 of the Act on 22nd November 2012, continues to have effect in relation to a police complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before that date. This mirrors the effect of the provision made by article 6 of this Order, thus ensuring that police complaints and other matters already under consideration immediately before 22nd November 2012 continue to be dealt with consistently, in accordance with the old law, throughout England and Wales.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Police Reform and Social Responsibility Act 2011 have been brought into force by a commencement order made before the date of this Order.

Provision

Date of Commencement

S.I. No.

Section 316th January 20122011/3019
Section 416th January 20122011/3019
Section 616th January 20122011/3019
Section 7 (partially)16th January 20122011/3019
Section 8 (partially)16th January 20122011/3019
Section 9 (partially)16th January 20122011/3019
Section 10 (partially)16th January 20122011/3019
Section 11 (partially)15th December 20112011/3019
Section 11 (partially)16th January 20122011/3019
Section 12 (partially)16th January 20122011/3019
Section 13 (partially)16th January 20122011/3019
Section 14 (partially)16th January 20122011/3019
Section 15 (partially)16th January 20122011/3019
Section 16 (partially)16th January 20122011/3019
Section 17 (partially)15th December 20112011/3019
Section 17 (partially)16th January 20122011/3019
Section 1916th January 20122011/3019
Section 2016th January 20122011/3019
Section 21 (partially)16th January 20122011/3019
Section 2316th January 20122011/3019
Section 24 (partially)16th January 20122011/3019
Section 25 (partially)16th January 20122011/3019
Section 27 (partially)16th January 20122011/3019
Section 28 (partially)25th April 20122012/1129
Section 3131st October 20112011/2515
Section 3216th January 20122011/3019
Section 3316th January 20122011/3019
Section 3416th January 20122011/3019
Section 3516th January 20122011/3019
Section 36 (partially)16th January 20122011/3019
Section 37 (partially)16th January 20122011/3019
Section 4216th January 20122011/3019
Section 4316th January 20122011/3019
Section 4416th January 20122011/3019
Section 4516th January 20122011/3019
Section 4616th January 20122011/3019
Section 4716th January 20122011/3019
Section 4816th January 20122011/3019
Section 4916th January 20122011/3019
Section 5025th April 20122012/1129
Section 5125th April 20122012/1129
Section 5225th April 20122012/1129
Section 5325th April 20122012/1129
Section 5425th April 20122012/1129
Section 5525th April 20122012/1129
Section 5625th April 20122012/1129
Section 5725th April 20122012/1129
Section 5825th April 20122012/1129
Section 5925th April 20122012/1129
Section 6025th April 20122012/1129
Section 6125th April 20122012/1129
Section 6225th April 20122012/1129
Section 6325th April 20122012/1129
Section 6425th April 20122012/1129
Section 6525th April 20122012/1129
Section 6625th April 20122012/1129
Section 6725th April 20122012/1129
Section 6825th April 20122012/1129
Section 6925th April 20122012/1129
Section 7025th April 20122012/1129
Section 7125th April 20122012/1129
Section 7225th April 20122012/1129
Section 7325th April 20122012/1129
Section 7425th April 20122012/1129
Section 7525th April 20122012/1129
Section 7625th April 20122012/1129
Section 7725th April 20122012/1129
Section 7815th November 20112011/2515
Section 79 (partially)31st October 20112011/2515
Section 79 (partially)16th January 20122011/3019
Section 8015th November 20112011/2515
Section 81 (partially)16th January 20122011/3019
Section 82 (partially)15th December 20112011/3019
Section 82 (partially)16th January 20122011/3019
Section 83 (partially)16th January 20122011/3019
Section 8416th January 20122011/3019
Section 8516th January 20122011/3019
Section 8616th January 20122011/3019
Section 8716th January 20122011/3019
Section 88 (partially)16th January 20122011/3019
Section 8916th January 20122011/3019
Section 9016th January 20122011/3019
Section 9116th January 20122011/3019
Section 9216th January 20122011/3019
Section 9316th January 20122011/3019
Section 9416th January 20122011/3019
Section 95 (partially)15th November 20112011/2515
Section 95 (partially)16th January 20122011/3019
Section 96 (partially)16th January 20122011/3019
Section 97 (partially)16th January 20122011/3019
Section 98 (partially)31st October 20112011/2515
Section 98 (partially)16th January 20122011/3019
Section 99 (partially)16th January 20122011/3019
Section 10016th January 20122011/3019
Section 10116th January 20122011/3019
Section 102 (partially)16th January 20122011/3019
Section 10325th April 20122012/1129
Section 10425th April 20122012/1129
Section 105 (partially)22nd March 20122012/896
Section 105 (insofar as not already in force)25th April 20122012/1129
Section 106 (partially)22nd March 20122012/896
Section 106 (insofar as not already in force)25th April 20122012/1129
Section 107 (partially)22nd March 20122012/896
Section 107 (insofar as not already in force)25th April 20122012/1129
Section 108 (partially)22nd March 20122012/896
Section 108 (insofar as not already in force)25th April 20122012/1129
Section 10925th April 20122012/1129
Section 11025th April 20122012/1129
Section 11125th April 20122012/1129
Section 11225th April 20122012/1129
Section 113 (partially)22nd March 20122012/896
Section 113 (insofar as not already in force)25th April 20122012/1129
Section 114 (partially)22nd March 20122012/896
Section 114 (insofar as not already in force)25th April 20122012/1129
Section 115 (partially)22nd March 20122012/896
Section 115 (insofar as not already in force)25th April 20122012/1129
Section 11625th April 20122012/1129
Section 11725th April 20122012/1129
Section 118 (partially)22nd March 20122012/896
Section 118 (insofar as not already in force)25th April 20122012/1129
Section 11931st October 20122012/2670
Section 12025th April 20122012/1129
Section 12225th April 20122012/1129
Section 12325th April 20122012/1129
Section 12425th April 20122012/1129
Section 12531st October 20122012/2670
Section 12631st October 20122012/2670
Section 12731st October 20122012/2670
Section 12831st October 20122012/2670
Section 12931st October 20122012/2670
Section 13031st October 20122012/2670
Section 13131st October 20122012/2670
Section 13231st October 20122012/2670
Section 13331st October 20122012/2670
Section 13431st October 20122012/2670
Section 13531st October 20122012/2670
Section 13631st October 20122012/2670
Section 13731st October 20122012/2670
Section 13831st October 20122012/2670
Section 13931st October 20122012/2670
Section 14031st October 20122012/2670
Section 141 (partially)19th December 20112011/2834
Section 141 (insofar as not already in force)30th March 20122011/2834
Section 14219th December 20112011/2834
Section 14319th December 20112011/2834
Section 14419th December 20112011/2834
Section 14519th December 20112011/2834
Section 14619th December 20112011/2834
Section 14719th December 20112011/2834
Section 14819th December 20112011/2834
Section 14919th December 20112011/2834
Section 150 (partially)19th December 20112011/2834
Section 15115th November 20112011/2515
Section 15215th November 20112011/2515
Schedule 316th January 20122011/3019
Schedule 416th January 20122011/3019
Schedule 625th April 20122012/1129
Schedule 731st October 20112011/2515
Schedule 925th April 20122012/1129
Schedule 10 (partially)25th April 20122012/1129
Schedule 11 (partially)16th January 20122011/3019
Schedule 1216th January 20122011/3019
Schedule 1316th January 20122011/3019
Schedule 14 (partially)15th November 20112011/2515
Schedule 14 (partially)16th January 20122011/3019
Schedule 15 (partially)31st October 20112011/2515
Schedule 15 (partially)16th January 20122011/3019
Schedule 16 (partially)16th January 20122011/3019
Schedule 1715th November 20112011/2515
(4)

Section 16(1) was amended by paragraph 75 of Schedule 27 to the Greater London Authority Act 1999 (c. 29) and paragraph 18 of Schedule 2 to the Police and Justice Act 2006 (c. 48).

(7)

S.I. 2011/3019, as amended by S.I. 2012/75.

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