Section 2
1 In section 4 (membership of police authorities outside Greater London), in subsection (4), for “Schedules 2 and 3” there is substituted “Schedule 2”.
2 For Schedule 2 there is substituted—
Section 4
1 (1) The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3.
(2) Regulations under this paragraph shall provide for a police authority to consist of—
(a) persons who are members of a relevant council, and
(b) other persons, including at least one lay justice.
(3) Those regulations shall—
(a) specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and
(b) secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph.
(4) Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description.
(5) Those regulations may include provision as to—
(a) how a member is to be appointed;
(b) disqualification for membership;
(c) the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(d) re-appointment as a member;
(e) the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;
(f) the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;
(g) the payment of remuneration and allowances to a member and the reimbursement of expenses.
2 Regulations under paragraph 1 shall provide that—
(a) in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council;
(b) in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.
3 (1) Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed—
(a) by the existing members of the authority,
(b) from among persons on a short-list prepared by a selection panel.
(2) Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.
(3) Those regulations may include provision as to—
(a) the number of members of a selection panel;
(b) how and by whom a member of a panel is to be appointed;
(c) disqualification for membership;
(d) the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(e) re-appointment as a member of a panel;
(f) the conduct of proceedings of a panel, including any procedures that a panel is to follow;
(g) the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;
(h) the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;
(i) the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.
4 (1) The Secretary of State shall by regulations provide that—
(a) a police authority is to appoint a chairman from among its members at each annual meeting; and
(b) at an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
(2) Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—
(a) qualification and disqualification for appointment;
(b) the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
(c) eligibility for re-appointment;
(d) the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
(e) the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
(f) the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.
5 The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.
6 Before making regulations under this Schedule the Secretary of State shall consult—
(a) the Association of Police Authorities,
(b) persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,
(c) in the case of regulations that are not to apply to all police authorities established under section 3—
(i) any police authority to which the regulations are to apply, and
(ii) any relevant council in relation to such an authority,
and
(d) such other persons as he thinks fit.
7 (1) Regulations under this Schedule may make different provision for different police authorities.
(2) Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.
(3) A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8 (1) For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for—
(a) a county, or
(b) a district comprised in an area for which there is no county council,
which constitutes, or is wholly within, the authority’s police area.
(2) For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority’s police area.
9 In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.”
3 In section 5C (membership etc of Metropolitan Police Authority), in subsection (6), for “Schedules 2A and 3” there is substituted “Schedule 2A”.
4 For Schedule 2A there is substituted—
Section 5C
1 (1) The Secretary of State shall by regulations make provision in relation to the membership of the Metropolitan Police Authority.
(2) Regulations under this paragraph shall provide for the Authority to consist of—
(a) persons appointed from among the persons specified in sub-paragraph (3), and
(b) other persons, including at least one lay justice.
(3) The persons referred to in sub-paragraph (2)(a) are—
(a) the Mayor of London, and
(b) members of the London Assembly.
(4) Regulations under this paragraph shall—
(a) specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and
(b) secure that the majority of members of the Authority are persons falling within paragraph (a) of that sub-paragraph.
(5) Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of the Authority to be persons of a specified description.
(6) Those regulations may include provision as to—
(a) how a member is to be appointed;
(b) disqualification for membership;
(c) the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(d) re-appointment as a member;
(e) the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;
(f) the validity of proceedings of the Authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the Authority;
(g) the payment of remuneration and allowances to a member and the reimbursement of expenses.
2 Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London.
3 (1) Regulations under paragraph 1 shall provide that—
(a) one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and
(b) the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel.
(2) Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.
(3) Those regulations may include provision as to—
(a) the number of members of a selection panel;
(b) how and by whom a member of a panel is to be appointed;
(c) disqualification for membership;
(d) the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(e) re-appointment as a member of a panel;
(f) the conduct of proceedings of a panel, including any procedures that a panel is to follow;
(g) the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;
(h) the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;
(i) the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.
4 (1) The Secretary of State shall by regulations provide that—
(a) if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman;
(b) if not, the Mayor of London is to appoint a chairman from among the members of the Authority.
(2) The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority.
(3) Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—
(a) qualification and disqualification for appointment;
(b) the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
(c) eligibility for re-appointment;
(d) the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
(e) the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
(f) the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.
5 The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority’s standards committee.
6 Before making any regulations under this Schedule, the Secretary of State shall consult—
(a) the Metropolitan Police Authority,
(b) the Association of Police Authorities,
(c) the Greater London Authority,
(d) persons whom he considers to represent the interests of London boroughs, and
(e) such other persons as he thinks fit.
7 (1) Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.
(2) A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8 In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.”
5 In section 19 (approval of decisions about precepts), in subsection (2)(b), for “appointed under paragraph 2 of Schedule 2” there is substituted “who are members of a relevant council as defined in paragraph 8 of Schedule 2”.
6 Schedules 3 (police authorities: selection of independent members) and 3A (police authorities: selection of lay justice members) are repealed.
7 (1) Section 6 (general functions of police authorities) is amended as follows.
(2) In subsection (1)—
(a) the words after “section 3” become paragraph (a) of that subsection;
(b) at the end of that paragraph there is inserted “, and
(b) shall hold the chief officer of police of that force to account for the exercise of his functions and those of persons under his direction and control.”
(3) In subsection (2)—
(a) in paragraph (a), for “objectives determined by the Secretary of State under section 37” there is substituted “strategic priorities determined by the Secretary of State under section 37A”;
(b) in paragraph (b), for “under section 7” there is substituted “by virtue of section 6ZB”;
(c) for paragraph (d) there is substituted—
“(d) any plan issued by the authority by virtue of section 6ZB.”
(4) Subsection (4) (police authorities to comply with directions given under section 38 or 40) is omitted.
8 After section 6 there is inserted—
(1) The Secretary of State may by order confer particular functions on police authorities.
(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring a police authority—
(a) to monitor the performance of the police force maintained for its area in—
(i) complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;
(ii) carrying out any plan issued by virtue of section 6ZB;
(b) to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;
(c) to promote diversity within that force and within the authority.
(3) Before making an order under this section the Secretary of State must consult—
(a) the Association of Police Authorities,
(b) the Association of Chief Police Officers, and
(c) such other persons as he thinks fit.
(4) An order under this section may make different provision for different police authorities.
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
9 After section 6ZA (inserted by paragraph 8) there is inserted—
(1) Before the beginning of each financial year every police authority shall issue a plan (a “policing plan”) setting out—
(a) the authority’s objectives (“policing objectives”) for the policing of its area during that year; and
(b) the proposed arrangements for the policing of that area for the period of three years beginning with that year.
(2) Policing objectives shall be so framed as to be consistent with any strategic priorities determined under section 37A.
(3) Before determining policing objectives, a police authority shall—
(a) consult the relevant chief officer of police, and
(b) consider any views obtained by the authority in accordance with arrangements made under section 96.
(4) A draft of a policing plan required to be issued by a police authority under this section shall be prepared by the relevant chief officer of police and submitted by him to the authority for it to consider.
The authority shall consult the relevant chief officer of police before issuing a policing plan which differs from the draft submitted by him under this subsection.
(5) The Secretary of State may by regulations make provision supplementing that made by this section.
(6) The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.
(7) The regulations may contain provision as to—
(a) matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));
(b) persons who are to be consulted, and matters that are to be considered, in preparing policing plans;
(c) modification of policing plans;
(d) persons to whom copies of policing plans are to be sent.
(8) Before making regulations under this section the Secretary of State must consult—
(a) the Association of Police Authorities,
(b) the Association of Chief Police Officers, and
(c) such other persons as he thinks fit.
(9) Regulations under this section may make different provision for different police authorities.
(10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) In this section “the relevant chief officer of police”, in relation to a police authority, means the chief officer of police of the police force maintained by that authority.
(1) The Secretary of State may by order require police authorities to issue reports concerning the policing of their areas.
(2) An order under this section may contain provision as to—
(a) the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;
(b) the matters to be dealt with in reports;
(c) persons to whom copies of reports are to be sent.
(3) Before making an order under this section the Secretary of State must consult—
(a) the Association of Police Authorities,
(b) the Association of Chief Police Officers, and
(c) such other persons as he thinks fit.
(4) An order under this section may make different provision for different police authorities.
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
10 The following sections are repealed—
section 6A (three-year strategy plans);
section 7 (local policing objectives);
section 8 (local policing plans);
section 9 (annual reports by police authorities).
11 In section 9A (general functions of Commissioner of Police of the Metropolis), in subsection (2), for the words after “shall have regard” there is substituted “to—
(a) any arrangements involving the metropolitan police force that are made by virtue of section 6ZA(2)(b);
(b) the policing plan issued by the Metropolitan Police Authority under section 6ZB.”
12 In section 10 (general functions of chief constables), in subsection (2), for the words after “shall have regard” there is substituted “to—
(a) any arrangements involving his force that are made by virtue of section 6ZA(2)(b);
(b) the policing plan issued by the police authority for his area under section 6ZB.”
13 (1) Section 96B (national and international functions: application of requirements relating to reports etc) is amended as follows.
(2) In subsection (2), for “section 7(1) shall have effect as if the reference” there is substituted “section 6ZB(1) shall have effect as if a reference”.
(3) Subsection (3) is repealed.
(4) In subsection (4), for “section 9(1)” there is substituted “section 6ZC(1)”.
14 (1) Section 11A (appointment and removal of deputy chief constables) is amended as follows.
(2) In subsection (1) (police forces to have a deputy chief constable), for “a deputy chief constable” there is substituted “one or more deputy chief constables”.
(3) For subsection (2) there is substituted—
“(2) The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.
(2A) Where the police authority responsible for maintaining a police force—
(a) proposes to increase the number of deputy chief constables that the force has, or
(b) proposes to appoint a particular person to be a deputy chief constable,
it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.”
15 (1) Section 12A (power of deputy to exercise functions of chief constable) is amended as follows.
(2) In subsection (1), for “A deputy chief constable” there is substituted “The appropriate deputy chief constable”.
(3) After that subsection there is inserted—
“(1A) The appropriate deputy chief constable for the purposes of subsection (1) is—
(a) in the case of a police force that has only one deputy chief constable, the deputy chief constable;
(b) in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable.
(1B) The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).
(1C) During any absence, incapacity or suspension from duty of the person who—
(a) is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or
(b) is treated under this subsection as the most senior deputy chief constable,
the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.”
(4) For subsection (2) there is substituted—
“(2) The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—
(a) the chief constable is absent, incapacitated or suspended from duty and—
(i) the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or
(ii) the office of the deputy chief constable, or of each of the deputy chief constables, is vacant;
or
(b) the office of the chief constable is vacant and—
(i) the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or
(ii) the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty.”
(5) In subsection (5), for “subsections (1) and (2)” there is substituted “subsections (1) to (2)”.