Police Reform and Social Responsibility Act 2011

Local Government Finance Act 1988 E+W

180 E+W The Local Government Finance Act 1988 is amended as follows.

Commencement Information

I1 Sch. 16 para. 180 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

181 E+W In section 65A (Crown property), in subsection (4)(b), for the words from “police authority” to “1996” substitute “ police and crime commissioner ”.

Commencement Information

I2 Sch. 16 para. 181 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)

182 E+W In section 74 (levies)—

(a) in subsection (1)(c), omit “, combined police authority”;

(b) in subsection (4)(bb), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Commencement Information

I3 Sch. 16 para. 182 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

183 E+W In section 84F (determination of grant)—

(a) for “police authorities” (in each place) substitute “ police and crime commissioners ”;

(b) omit subsection (7).

Commencement Information

I4 Sch. 16 para. 183 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)

184 E+W In section 84Q (application of this Chapter etc)—

(a) in subsection (2), for “police authorities” substitute “ police and crime commissioners ”;

(b) omit subsection (3).

Commencement Information

I5 Sch. 16 para. 184 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)

185 E+W In section 88B (special grants), in subsection (10), for the words from “police authority” to “1996” substitute “ police and crime commissioner ”.

Commencement Information

I6 Sch. 16 para. 185 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)

186 E+W In section 111 (interpretation)—

(a) in subsection (2), for paragraph (e) substitute—

“(e) a police and crime commissioner,

(ea) a chief officer of police (which, for this purpose, means a chief constable of a police force maintained under section 2 of the Police Act 1996 or the Commissioner of Police of the Metropolis),”;

(b) in subsection (3), at the end insert “ and the 2011 Act is the Police Reform and Social Responsibility Act 2011 ”.

Commencement Information

I7 Sch. 16 para. 186 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 54)

187 E+W In section 112 (financial administration as to certain authorities), omit subsection (2)(a).

Commencement Information

I8 Sch. 16 para. 187 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)

188 (1) Section 114 (functions of responsible officer as respects reports) is amended in accordance with this paragraph. E+W

(2) In subsection (1), after “1999 Act” insert “ , or Schedule 1, 2 or 4 to the 2011 Act ”.

(3) In subsection (2), for “a police force maintained by the authority” substitute “ the relevant police force ”.

(4) In subsection (3A), after “relevant authority” insert “ (except where the relevant authority is a chief officer of police) ”.

(5) For subsection (4)(b) substitute—

“(b) in the case of—

(i) a police and crime commissioner, the commissioner and each member of the police and crime panel for the commissioner's police area;

(ii) the Mayor's Office for Policing and Crime, that Office and each member of the police and crime panel of the London Assembly;

(iii) a chief officer of police, the chief officer and the elected local policing body; and

(iv) any other relevant authority, each person who is at that time a member of the authority; and”.

(6) After subsection (8) insert—

“(8A) In this section “relevant police force”, in relation to the chief finance officer of a relevant authority, means—

(a) in the case where the relevant authority is a chief officer of police, the police force of which that person is chief officer;

(b) in any other case, the police force maintained by the relevant authority.”.

Commencement Information

I9 Sch. 16 para. 188 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

189 (1) Section 115 (authority's duties as regards reports) is amended as follows. E+W

(2) After subsection (1A) insert—

“(1B) In the case of a report made by the chief finance officer of an elected local policing body, that body must consider the report and decide whether the body agrees or disagrees with the views contained in the report and what action (if any) the body proposes to take in consequence of it.

(1C) In the case of a report made by the chief finance officer of a chief officer of police, the chief officer of police must consider the report and decide whether the chief officer of police agrees or disagrees with the views contained in the report and what action (if any) the chief officer of police proposes to take in consequence of it.

(1D) The consideration and decision-making must be concluded not later than the end of the period of 21 days beginning with the day on which copies of the report are sent.

(1E) As soon as practicable after the elected local policing body, or the chief officer of police, has concluded the consideration of the chief finance officer's report, that body or chief officer must prepare a report which specifies—

(a) what action (if any) that body or chief officer has taken in response to the report;

(b) what action (if any) that body or chief officer proposes to take in response to the report; and

(c) the reasons for taking the action specified in the report or, as the case may be, for taking no action.

(1F) As soon as practicable after the elected local policing body has prepared a report under subsection (1E), the elected local policing body must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to audit the elected local policing body's accounts; and

(c) each member of the police and crime panel for the police area for which the elected local policing body is established.

(1G) As soon as practicable after the chief officer of police has prepared a report under subsection (1E), the chief officer of police must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to audit the chief officer's accounts; and

(c) the elected local policing body which maintains the police force in which the chief officer serves.”.

(3) In subsection (2), at the beginning insert “ In the case of any authority other than an elected local policing body or a chief officer of police, ”.

(4) In subsection (9), after “subsection” insert “ (1B), (1C) or ”.

(5) In subsection (10), after “If subsection” insert “ (1B), (1C) ”.

(6) In subsection (11), for “at the meeting” substitute “ under subsection (1B), (1C) or (2) ”.

Commencement Information

I10 Sch. 16 para. 189 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

190 (1) Section 116 (information about meetings) is amended in accordance with this paragraph. E+W

(2) In the title, for “meetings” substitute “ consideration of reports etc ”.

(3) After subsection (2A) insert—

“(2B) In the case of an elected local policing body, the chief finance officer of that body must notify the body's auditor of any decisions taken by the body in accordance with section 115.

(2C) In the case of a chief officer of police, the chief officer of police's chief finance officer must notify that chief officer of police's auditor of any decisions taken by the chief officer of police in accordance with section 115.”.

Commencement Information

I11 Sch. 16 para. 190 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

191 E+W In section 117 (rates and precepts: abolition), in subsection (5), omit “, combined police authority”.

Commencement Information

I12 Sch. 16 para. 191 in force at 22.11.2012 by S.I. 2012/2892, art. 2(i)