Police Reform and Social Responsibility Act 2011 (c. 13)

Part 1 U.K. Police reform

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)

CHAPTER 8 E+W+S Miscellaneous provisions

96 Interpretation of Police Act 1996 E+W

(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “City of London police area” insert—

““Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area;

“elected local policing body” means—

(a) a police and crime commissioner;

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

“local policing body” means—

(a) a police and crime commissioner (in relation to a police area listed in Schedule 1);

(b) the Mayor's Office for Policing and Crime (in relation to the metropolitan police district);

(c) the Common Council (in relation to the City of London police area);

“Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;”;

(b) after the definition of “metropolitan police district” insert—

““national or international functions” means functions relating to—

(a) the protection of prominent persons or their residences,

(b) national security,

(c) counter-terrorism, or

(d) the provision of services for any other national or international purpose;

“police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;”;

(c) omit the definition of “police authority”;

(d) in the definition of “police force”, for “police authority” substitute “ local policing body ”;

(e) in the definition of “police fund”, for paragraph (a) substitute—

“(a) in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011;”.

(3) After subsection (2) insert—

“(3) References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.”.

Commencement Information

I1 S. 96 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1 (with art. 10(2))

I2 S. 96 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

97 Amendments of the Interpretation Act 1978 E+W

(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is amended as follows.

(2) After the entry for “Local land charges register” insert—

““Local policing body” has the meaning given by section 101(1) of the Police Act 1996.”.

(3) After the entry for “Person” insert—

““Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.”.

(4) In the entry that begins “Police area”, omit “, police authority”.

(5) After the entry that begins “Police Area” insert—

““Police authority”, in relation to Scotland, has the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967.”.

Commencement Information

I3 S. 97(1)(2)(4)(5) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I4 S. 97(3) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

98 Police reform: transitional provision E+W+S

Schedule 15 (police reform: transitional provision) has effect.

Commencement Information

I5 S. 98 in force at 31.10.2011 for specified purposes by S.I. 2011/2515, art. 2(c)

I6 S. 98 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I7 S. 98 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

99 Police reform: minor and consequential amendments E+W

Schedule 16 (police reform: minor and consequential amendments) has effect.

Commencement Information

I8 S. 99 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I9 S. 99 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

100 Guidance E+W

Any guidance under this Part—

(a) must be in writing;

(b) may be varied or revoked by further guidance;

(c) may be given to one or more particular persons, or generally;

(d) may make provision generally or in relation to specific cases; and

(e) may make different provision for different cases.

Commencement Information

I10 S. 100 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

101 Crime and disorder reduction E+W

(1) A reference to crime and disorder reduction is a reference to—

(a) reduction of crime and disorder (including anti-social and other behaviour adversely affecting the local environment),

(b) combating the misuse of drugs, alcohol and other substances, and

(c) reduction of re-offending.

(2) In this section “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.

(3) This section applies for the purposes of this Part.

Commencement Information

I11 S. 101 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

102 Interpretation of Part 1 E+W

(1) In this Part (unless otherwise specified)—

• “chief executive” means—

  (a)

  in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;

  (b)

  in relation to the Mayor's Office for Policing and Crime, the chief executive appointed by the Office under Schedule 3;

• “chief finance officer” means—

  (a)

  in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1;

  (b)

  in relation to the chief constable of a police force to which Chapter 1 applies, the chief finance officer appointed by the chief constable under Schedule 2;

  (c)

  in relation to the Mayor's Office for Policing and Crime, the chief finance officer appointed by the Office under Schedule 3;

  (d)

  in relation to the Commissioner of Police of the Metropolis, the chief finance officer appointed by the Commissioner under Schedule 4;

• “chief officer of police” means—

  (a)

  in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force;

  (b)

  in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;

• “crime and disorder reduction” has the meaning given in section 101;

• “elected local policing body” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area;

  (b)

  in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;

• “national or international functions” means functions relating to—

  (a)

  the protection of prominent persons or their residences,

  (b)

  national security,

  (c)

  counter-terrorism, or

  (d)

  the provision of services for any other national or international purpose;

• [F1 “overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985.]

• “police and crime panel” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime panel referred to in subsection (1) of section 28;

  (b)

  in relation to the metropolitan police district, the committee established under section 32;

• “police and crime plan” has the meaning given in section 7;

• “police area” means—

  (a)

  a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and

  (b)

  the metropolitan police district;

• [F2 “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);]

• “relevant chief officer of police”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the chief officer of police of the police force for that area;

• [F3 [F4 “relevant citizen of the Union” has the meaning given by section 202(1) of the Representation of the People Act 1983;]]

• “relevant elected local policing body”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the police and crime panel for a police area,

  means the elected local policing body for that area;

• “relevant police and crime panel”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the elected local policing body for a police area,

  means the police and crime panel for that area;

• “relevant police force”, in relation to—

  (a)

  a police area,

  (b)

  a chief officer of police of the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the police force for that area.

(2) References in this Part to a police and crime commissioner's area are references to the police area for which the commissioner is established.

(3) References in this Part to a police and crime commissioner's staff are references to the following persons appointed under Schedule 1—

(a) the commissioner's chief executive;

(b) the commissioner's chief finance officer; and

(c) other staff;

and to the person (if any) appointed as the deputy police and crime commissioner under section 18.

(4) References in this Part to a police force's civilian staff are (except in the case of the metropolitan police force) references to—

(a) the chief finance officer appointed by the chief constable of the force under paragraph 4 of Schedule 2, and

(b) the other staff appointed by that chief constable under that Schedule.

(5) References in this Part to the staff of the Mayor's Office for Policing and Crime are references to—

(a) the Office's chief finance officer appointed under section 127(2) of the Greater London Authority Act 1999;

(b) the Office's chief executive appointed under Schedule 3;

(c) other staff appointed under Schedule 3; and

(d) the person (if any) appointed under section 19 as the Deputy Mayor for Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member)).

(6) References in this Part to the metropolitan police force's civilian staff are references to—

(a) the chief finance officer appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4, and

(b) the other staff appointed by the Commissioner under that Schedule.

Textual Amendments

F1 Words in s. 102(1) substituted (16.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 9 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2

F2 Words in s. 102(1) inserted (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 6(6)(b); S.I. 2023/1145, reg. 3(i)(iv)

F3 Words in s. 102(1) omitted (1.11.2023 for specified purposes) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 6(6)(a); S.I. 2023/1145, reg. 3(i)(iv)

F4 Words in s. 102(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(12), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C2 S. 102(3) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(e)

C3 S. 102(4) modified (with application in accordance with art. 5(1) of the amending S.I.) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012 (S.I. 2012/2892), art. 5(2)

Commencement Information

I12 S. 102(1)(4)(5)(6) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with arts. 7(2), 10(3))

I13 S. 102(2)(3) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)