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Anti-Social Behaviour, Crime and Policing Act 2014

Review bodies for police remuneration etc

Section 131: Abolition of Police Negotiating Board for the United Kingdom

352.Subsection (1) abolishes the Police Negotiating Board (“PNB”) for the United Kingdom and subsection (2) repeals sections 61 and 62 of the Police Act 1996, which provided for the existence and constitution of the PNB and its functions in respect of police workforce regulations. Subsection (3) provides for the Secretary of State to secure the reimbursement of payments made by Scottish Ministers or the Department of Justice in Northern Ireland towards expenses incurred by the Police Negotiating Board for the United Kingdom. It allows for the refunding of any unused part of the annual contributions provided by both Northern Ireland and Scotland for the Police Negotiating Board for the United Kingdom.

Section 132: Establishment of Police Remuneration Review Body

353.Subsection (1) inserts a new Part 3A (comprising new sections 64A and 64B and new Schedule 4B) into the Police Act 1996, which provides for the “Police Remuneration Review Body” (“PRRB”). New section 64A(1) establishes the PRRB. New section 64A(2) sets out the composition of the PRRB; it is to comprise a chair appointed by the Prime Minister and five or more other members appointed by the Secretary of State, one of whom may be appointed by the Secretary of State as a deputy chair. New section 64A(3) requires the Prime Minister or Secretary of State to consult the Department of Justice in Northern Ireland before making an appointment to the PRRB. New section 64A(4) and (5) enables the Secretary of State to change the name of the PRRB by order subject to the negative resolution procedure.

354.New section 64B(1) requires the PRRB to consider and report on any matter which is referred to it by the Secretary of State and that relates to one of the following issues for police officers of or below the rank of chief superintendent in England and Wales, or for police cadets appointed under section 28 of the Police Act 1996: hours of duty; leave; pay and allowances; and the issue, use and return of clothing, personal equipment and accoutrements. New section 64B(2) requires the PRRB to submit such reports to the Prime Minister and Secretary of State, which the latter must then arrange to be published.

355.New section 64B(3) and (4) make similar provision for Northern Ireland to new section 64B(1) and (2).

356.New section 64B(5) sets out the directions that the Secretary of State and/or the Northern Ireland Department of Justice may give to the PRRB. The PRRB can be directed to: report within a specified time period; have regard to particular considerations; obtain specific evidence such as data from police forces; and make recommendations on specific matters referred to it such as named allowances, for example the Northern Ireland Transitional Allowance. New section 64B(6) enables the PRRB to include in its report any recommendations it considers to be appropriate, which it considers to arise out of the matters referred to it under section 64B(5) regardless of whether or not it is directly given a direction to do so under new section 64B(5). New section 64B(7) enables the Secretary of State or Department of Justice to vary or revoke any references or directions to the PRRB.

357.Subsection (2) gives effect to Schedule 7 which inserts new Schedule 4B into the Police Act 1996.

Schedule 7: Schedule to be inserted as Schedule 4B to the Police Act 1996

358.Paragraphs 1 to 11 of new Schedule 4B make further provision for: the membership of the PRRB; the appointment, resignation and dismissal of its members; and its procedures. Paragraph 12 enables the Secretary of State to give directions to the PRRB about the matters that it is to consider when making decisions. Such directions may, for example, require the PRRB to consider the Government’s public sector pay policy or the impact of its recommendations on recruitment and retention.

359.Paragraph 13 of new Schedule 4B sets out the persons and bodies the Secretary of State must consult before: making or revising a determination about the number of members or the kinds of experience the members of the PRRB should possess (under paragraph 2); issuing or revising a statement of principles relating to the conduct of members (issued under paragraph 4); giving or revising a direction as to the persons or bodies from whom it should gather evidence, the procedure for obtaining evidence, or the matters it should consider when making recommendations (under paragraph 11(2) or 12).

360.Paragraph 14 of new Schedule 4B requires the Secretary of State to publish statements of determinations (and revised determinations); statements of principles (and revised statements); and directions (and revised directions).

361.Paragraph 15 of new Schedule 4B enables the Secretary of State and Department of Justice in Northern Ireland to defray the costs of the PRRB.

Section 133: Consultation about regulations: England and Wales

362.Subsection (1) inserts new section 52A into the Police Act 1996. New section 52A(1) and (2) requires the Secretary of State to refer matters in respect of police officers of or below the rank of chief superintendent and police cadets in England and Wales, that relate to their hours of duty, leave, pay, allowances, and the issue, use and return of clothing, personal equipment and accoutrements, to the PRRB for consideration under new section 64B(1) before making regulations under section 50 or 52 of the Police Act 1996, unless new section 52A(5) applies. New section 52A(2)(b) requires the Secretary of State to consider the PRRB’s report on the matters referred.

363.New section 52A(3)(a) requires the Secretary of State to refer matters in respect of police officers above the rank of chief superintendent in England and Wales, that relate to their hours of duty, leave, pay, allowances, and the issue, use and return of clothing, personal equipment and accoutrements, to the Senior Salaries Review Body (“SSRB”) before making regulations under section 50 or 52 of the Police Act 1996, unless new section 52A(4) or (5) applies. New section 52A(4) applies where the subject matter of the regulations being considered would affect police officers of or below the rank of chief superintendent as well as those above and the Secretary of State considers it preferable for the matter to be considered by one review body; in such cases the matter must be referred to the PRRB to consider. For example, this provision might apply in a case where consideration is being given to introducing a new allowance payable to all ranks and it is sensible for the Secretary of State to obtain a single “strategic” view on the impact across the police.

364.New section 52A(5) sets out the circumstances in which the Secretary of State’s duty to refer matters to the PRRB and/or to consider advice from the SSRB does not apply. If the Secretary of State considers that either there is not enough time refer the matter to the PRRB or SSRB before making regulations because the need is so urgent, or it is unnecessary to refer the matter because of the nature of the proposed regulations, the duty does not apply. However, the default position is that the Secretary of State will not make regulations without first referring the matter to the PRRB or SSRB. The Secretary of State might, for example, consider that it is unnecessary to consult the PRRB or SSRB because the proposed changes to the regulations were of a minor or technical nature, or corrected some previous drafting error in the regulations, or it is proposed to use regulations to implement some uncontroversial benefit conferred on other workers by means of legislation that does not apply to police officers because they are not employees.

365.New section 52A(6) requires the Secretary of State to supply a draft of any proposed regulations to persons whom the Secretary of State considers to represent the interests of: the persons or bodies who between them maintain police forces; chief officers of police; members of police forces; and police cadets appointed under section 28 of the Police Act 1996, and consider any representations made by them before making regulations. This provision applies in all cases, even where the Secretary of State has not referred a matter to the PRRB or SSRB, as set out under new section 52A(5). The purpose is to ensure that in every case the Secretary of State has the benefit of the technical knowledge of these interested parties in arriving at a final version of the regulations.

366.New section 52A(7) and (8) provides the Secretary of State with the power to amend by order (subject to the negative resolution procedure) the reference to the SSRB in new section (3)(a) and replace it, if the name or the functions of the SSRB changes.

367.Subsection (2) makes a consequential amendment to section 63 of the Police Act 1996 to ensure that, as now, there is no requirement on the Secretary of State to refer draft regulations relating to matters within the remit of the PRRB to the Police Advisory Board for England and Wales.

368.Subsection (3) amends section 1 of the Police Pensions Act 1976 by replacing the requirement for the Secretary of State to consult the Police Negotiating Board before making changes to police pensions regulations with a requirement to consult the “appropriate advisory or negotiating body”. This is defined in new subsection 1(1A) as the Police Advisory Board for England and Wales for regulations with regard to England and Wales and the Police Negotiating Board for Scotland for regulations with regard to Scotland. New subsection 1(1B) also makes provision for the Secretary of State to invite the views of the Northern Ireland Policing Board and the Police Association of Northern Ireland when consulting the PABEW on regulations regarding England. It is intended that in practical terms representatives of those bodies will join the PABEW for the purposes of the PABEW’s consideration of police pension regulations, in order to promote consistency of approach as between England and Wales on the one hand and Northern Ireland on the other.

369.Subsection (4) inserts a new subsection (3) into section 52 of the Police Act 1996 the effect of which is to require the Secretary of State to consult the PABEW, and invite the views of the Northern Ireland Policing Board and Police Association of Northern Ireland, before making regulations about the pension arrangements for police cadets.

370.Subsection (5) amends Schedule 3 to the Police and Justice Act 2006 the effect of which is to require the Secretary of State to consult, before exercising the power to merge police pension schemes, PABEW as regards England and Wales; the PNB for Scotland as regards Scotland; and the Northern Ireland Policing Board and the Police Association for Northern Ireland as regards Northern Ireland.

Section 134: Consultation about regulations: Northern Ireland

371.Subsection (1) amends section 25 of the Police (Northern Ireland) Act 1998. That section confers power on the Northern Ireland Department of Justice to make regulations about the conditions of service of members of the Police Service of Northern Ireland. There is a requirement to consult the Northern Ireland Policing Board before making such regulations save where they relate to the duty, leave, pay, allowances, or pensions of police officers and the issue, use and return of equipment. The amendments maintain this saving, but require the Department of Justice to invite the views of the PABEW in relation to draft regulations in respect of police pension arrangements.

372.Subsection (2) inserts new section 25A into the Police (Northern Ireland) Act 1998 which makes similar provision about regulations governing the duty, leave, pay or equipment of members of the Police Service of Northern Ireland as new section 52A of the Police Act 1996 (as inserted by section 133) does in relation to police officers in England and Wales. Subsection (3) amends section 41 of into the Police (Northern Ireland) Act 2000 to make like provision about regulations governing the hours, leave, pay or equipment of police trainees (the changes do not affect regulations made under section 41 in relation to police reserve trainees).

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