SCHEDULES

SCHEDULE 16Police reform: minor and consequential amendments

Part 3Other enactments

Police Reform Act 2002

I1277

The Police Reform Act 2002 is amended as follows.

I2278

1

Section 10 (general functions of the Commission) is amended in accordance with this paragraph.

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 ”.

I3279

In 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 ”.

I4280

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

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 ”.

I5281

1

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

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 ”.

I6282

1

Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.

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 ”.

I7283

1

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

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 ”.

I8284

In section 17 (provision of information to the Commission)—

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 ”.

I9285

In section 18 (inspections of police premises on behalf of Commission)—

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 ”.

I10286

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

I11287

1

Section 22 (power of Commission to issue guidance) is amended as follows.

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;

I12288

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

I13289

In section 24 (consultation on regulations), for paragraph (b) substitute—

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;

I14290

1

Section 26 (forces maintained otherwise than by police authorities) is amended in accordance with this paragraph.

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 ”.

291

In section 29 (interpretation of Part 2), in subsection (1)—

I24a

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; ”;

I24b

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

I25c

omit the definition of “senior officer”.

I15292

1

Section 38 (police powers for police authority employees) is amended in accordance with this paragraph.

2

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

F23

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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).

F3293

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I16294

1

Section 39 (police powers for contracted out staff) is amended in accordance with this paragraph.

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 ”.

I17295

1

Section 40 (community safety accreditation schemes) is amended in accordance with this paragraph.

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 ”.

I18296

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

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 ”.

I19297

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

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

F4298

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I20299

1

Section 51 (independent custody visitors for places of detention) is amended in accordance with this paragraph.

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 ”.

I21300

1

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

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

F1In 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 ”.

I22301

1

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

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 ”.

I23302

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.

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 ”.

F5303

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