The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012
Citation and interpretation1.
(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 20122.
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 authorities3.
Transitory provision in relation to the appointment of a police and crime commissioner’s chief executive and chief finance officer4.
(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)
(b)
Transitory provision in connection with civilian staff of police forces5.
(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)
“(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 misconduct6.
(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)
“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)
Transitory provision in relation to members of the National Policing Improvement Agency7.
(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)
“(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 20118.
(1)
(2)
“(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)
“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.”
Home Office
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.
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 3 | 16th January 2012 | |
Section 4 | 16th January 2012 | |
Section 6 | 16th January 2012 | |
Section 7 (partially) | 16th January 2012 | |
Section 8 (partially) | 16th January 2012 | |
Section 9 (partially) | 16th January 2012 | |
Section 10 (partially) | 16th January 2012 | |
Section 11 (partially) | 15th December 2011 | |
Section 11 (partially) | 16th January 2012 | |
Section 12 (partially) | 16th January 2012 | |
Section 13 (partially) | 16th January 2012 | |
Section 14 (partially) | 16th January 2012 | |
Section 15 (partially) | 16th January 2012 | |
Section 16 (partially) | 16th January 2012 | |
Section 17 (partially) | 15th December 2011 | |
Section 17 (partially) | 16th January 2012 | |
Section 19 | 16th January 2012 | |
Section 20 | 16th January 2012 | |
Section 21 (partially) | 16th January 2012 | |
Section 23 | 16th January 2012 | |
Section 24 (partially) | 16th January 2012 | |
Section 25 (partially) | 16th January 2012 | |
Section 27 (partially) | 16th January 2012 | |
Section 28 (partially) | 25th April 2012 | |
Section 31 | 31st October 2011 | |
Section 32 | 16th January 2012 | |
Section 33 | 16th January 2012 | |
Section 34 | 16th January 2012 | |
Section 35 | 16th January 2012 | |
Section 36 (partially) | 16th January 2012 | |
Section 37 (partially) | 16th January 2012 | |
Section 42 | 16th January 2012 | |
Section 43 | 16th January 2012 | |
Section 44 | 16th January 2012 | |
Section 45 | 16th January 2012 | |
Section 46 | 16th January 2012 | |
Section 47 | 16th January 2012 | |
Section 48 | 16th January 2012 | |
Section 49 | 16th January 2012 | |
Section 50 | 25th April 2012 | |
Section 51 | 25th April 2012 | |
Section 52 | 25th April 2012 | |
Section 53 | 25th April 2012 | |
Section 54 | 25th April 2012 | |
Section 55 | 25th April 2012 | |
Section 56 | 25th April 2012 | |
Section 57 | 25th April 2012 | |
Section 58 | 25th April 2012 | |
Section 59 | 25th April 2012 | |
Section 60 | 25th April 2012 | |
Section 61 | 25th April 2012 | |
Section 62 | 25th April 2012 | |
Section 63 | 25th April 2012 | |
Section 64 | 25th April 2012 | |
Section 65 | 25th April 2012 | |
Section 66 | 25th April 2012 | |
Section 67 | 25th April 2012 | |
Section 68 | 25th April 2012 | |
Section 69 | 25th April 2012 | |
Section 70 | 25th April 2012 | |
Section 71 | 25th April 2012 | |
Section 72 | 25th April 2012 | |
Section 73 | 25th April 2012 | |
Section 74 | 25th April 2012 | |
Section 75 | 25th April 2012 | |
Section 76 | 25th April 2012 | |
Section 77 | 25th April 2012 | |
Section 78 | 15th November 2011 | |
Section 79 (partially) | 31st October 2011 | |
Section 79 (partially) | 16th January 2012 | |
Section 80 | 15th November 2011 | |
Section 81 (partially) | 16th January 2012 | |
Section 82 (partially) | 15th December 2011 | |
Section 82 (partially) | 16th January 2012 | |
Section 83 (partially) | 16th January 2012 | |
Section 84 | 16th January 2012 | |
Section 85 | 16th January 2012 | |
Section 86 | 16th January 2012 | |
Section 87 | 16th January 2012 | |
Section 88 (partially) | 16th January 2012 | |
Section 89 | 16th January 2012 | |
Section 90 | 16th January 2012 | |
Section 91 | 16th January 2012 | |
Section 92 | 16th January 2012 | |
Section 93 | 16th January 2012 | |
Section 94 | 16th January 2012 | |
Section 95 (partially) | 15th November 2011 | |
Section 95 (partially) | 16th January 2012 | |
Section 96 (partially) | 16th January 2012 | |
Section 97 (partially) | 16th January 2012 | |
Section 98 (partially) | 31st October 2011 | |
Section 98 (partially) | 16th January 2012 | |
Section 99 (partially) | 16th January 2012 | |
Section 100 | 16th January 2012 | |
Section 101 | 16th January 2012 | |
Section 102 (partially) | 16th January 2012 | |
Section 103 | 25th April 2012 | |
Section 104 | 25th April 2012 | |
Section 105 (partially) | 22nd March 2012 | |
Section 105 (insofar as not already in force) | 25th April 2012 | |
Section 106 (partially) | 22nd March 2012 | |
Section 106 (insofar as not already in force) | 25th April 2012 | |
Section 107 (partially) | 22nd March 2012 | |
Section 107 (insofar as not already in force) | 25th April 2012 | |
Section 108 (partially) | 22nd March 2012 | |
Section 108 (insofar as not already in force) | 25th April 2012 | |
Section 109 | 25th April 2012 | |
Section 110 | 25th April 2012 | |
Section 111 | 25th April 2012 | |
Section 112 | 25th April 2012 | |
Section 113 (partially) | 22nd March 2012 | |
Section 113 (insofar as not already in force) | 25th April 2012 | |
Section 114 (partially) | 22nd March 2012 | |
Section 114 (insofar as not already in force) | 25th April 2012 | |
Section 115 (partially) | 22nd March 2012 | |
Section 115 (insofar as not already in force) | 25th April 2012 | |
Section 116 | 25th April 2012 | |
Section 117 | 25th April 2012 | |
Section 118 (partially) | 22nd March 2012 | |
Section 118 (insofar as not already in force) | 25th April 2012 | |
Section 119 | 31st October 2012 | |
Section 120 | 25th April 2012 | |
Section 122 | 25th April 2012 | |
Section 123 | 25th April 2012 | |
Section 124 | 25th April 2012 | |
Section 125 | 31st October 2012 | |
Section 126 | 31st October 2012 | |
Section 127 | 31st October 2012 | |
Section 128 | 31st October 2012 | |
Section 129 | 31st October 2012 | |
Section 130 | 31st October 2012 | |
Section 131 | 31st October 2012 | |
Section 132 | 31st October 2012 | |
Section 133 | 31st October 2012 | |
Section 134 | 31st October 2012 | |
Section 135 | 31st October 2012 | |
Section 136 | 31st October 2012 | |
Section 137 | 31st October 2012 | |
Section 138 | 31st October 2012 | |
Section 139 | 31st October 2012 | |
Section 140 | 31st October 2012 | |
Section 141 (partially) | 19th December 2011 | |
Section 141 (insofar as not already in force) | 30th March 2012 | |
Section 142 | 19th December 2011 | |
Section 143 | 19th December 2011 | |
Section 144 | 19th December 2011 | |
Section 145 | 19th December 2011 | |
Section 146 | 19th December 2011 | |
Section 147 | 19th December 2011 | |
Section 148 | 19th December 2011 | |
Section 149 | 19th December 2011 | |
Section 150 (partially) | 19th December 2011 | |
Section 151 | 15th November 2011 | |
Section 152 | 15th November 2011 | |
Schedule 3 | 16th January 2012 | |
Schedule 4 | 16th January 2012 | |
Schedule 6 | 25th April 2012 | |
Schedule 7 | 31st October 2011 | |
Schedule 9 | 25th April 2012 | |
Schedule 10 (partially) | 25th April 2012 | |
Schedule 11 (partially) | 16th January 2012 | |
Schedule 12 | 16th January 2012 | |
Schedule 13 | 16th January 2012 | |
Schedule 14 (partially) | 15th November 2011 | |
Schedule 14 (partially) | 16th January 2012 | |
Schedule 15 (partially) | 31st October 2011 | |
Schedule 15 (partially) | 16th January 2012 | |
Schedule 16 (partially) | 16th January 2012 | |
Schedule 17 | 15th November 2011 | |