SCHEDULE 2 continued
16 (1) Section 15 (civilian employees) is amended as follows.
(2) For subsection (2) (civilians employed by police authority to be under direction and control of chief officer of police) there is substituted—
“(2) A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to section 24(3A), any person employed by the authority under this section solely to assist the police force maintained by the authority is under the direction and control of the chief officer of police of that force.”
(3) Subsection (3) (power to agree or determine exceptions to section 15(2)) is omitted.
17 In section 24 (aid of one police force by another), after subsection (3) there is inserted—
“(3A) While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.”
18 (1) Section 16 (appointment of clerk by police authority) is amended as follows.
(2) In subsections (1) and (2), for “clerk to” there is substituted “chief executive of”.
(3) In the heading, for “clerk” there is substituted “chief executive”.
19 In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for “clerk” there is substituted “chief executive”.
20 (1) A reference in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) to the clerk to a police authority has effect as a reference to the chief executive of the authority.
(2) A person holding office as clerk to a police authority on the commencement of paragraph 18 continues in that office as chief executive of the authority.
(3) In this paragraph “police authority” means—
(a) a police authority established under section 3 of the Police Act 1996 (c. 16);
(b) the Metropolitan Police Authority.
21 (1) Section 30 (jurisdiction of constables) is amended as follows.
(2) For subsection (2) (jurisdiction of special constables) there is substituted—
“(2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.”
(3) Subsections (3) and (4) are omitted.
22 In section 24(3) (constable assisting another police force to be under direction and control of chief officer of that force), for “section 10(1)” there is substituted “sections 9A(1) and 10(1)”.
23 In section 27(2) (special constables to be under direction and control of chief officer), after “Subject to” there is inserted “section 24(3) and”.
24 Sections 36A (National Policing Plan) and 37 (setting of objectives for police authorities) are repealed.
25 Before section 38 there is inserted—
(1) The Secretary of State may determine strategic priorities for the policing of the areas of all police authorities to which this section applies.
(2) Before determining any such priorities the Secretary of State shall consult—
(a) the Association of Police Authorities, and
(b) the Association of Chief Police Officers.
(3) The Secretary of State shall arrange for any priorities determined under this section to be published in such manner as he considers appropriate.
(4) The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.”
26 (1) Section 38 (setting of performance targets) is amended as follows.
(2) In subsection (1)—
(a) for “an objective has been determined under section 37” there is substituted “a strategic priority has been determined under section 37A”;
(b) for “to achieve the objective” there is substituted “to give effect to that priority”.
(3) In subsection (2), for “section 37” there is substituted “section 37A”.
(4) After subsection (4) there is inserted—
“(5) A police authority that is given a direction under this section shall comply with it.”
27 For section 40 (power to give directions to police authority) there is substituted—
(1) Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority responsible for maintaining the force to take specified measures for the purpose of remedying the failure.
(2) Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.
(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
(4) The Secretary of State shall not give a direction under this section in relation to any police force unless—
(a) the police authority responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
(b) that police authority and chief officer have each been given an opportunity of making representations about those grounds;
(c) that police authority and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
(d) the Secretary of State has considered any such representations and any such proposals.
(5) Subsection (4) does not apply if the Secretary of State is satisfied that—
(a) the police authority responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State’s grounds for proposing to give a direction under this section;
(b) the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and
(c) they have each had a reasonable opportunity to take such measures.
(6) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given—
(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
(b) an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
(7) A police authority that is given a direction under this section shall comply with it.
(1) Where the Secretary of State is satisfied that a police authority is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority to take specified measures for the purpose of remedying the failure.
(2) Where the Secretary of State is satisfied that a police authority will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority to take specified measures in order to prevent such a failure occurring.
(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the authority submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
(4) The Secretary of State shall not give a direction under this section in relation to a police authority unless—
(a) the police authority has been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;
(b) the police authority has been given an opportunity of making representations about those grounds;
(c) the police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
(d) the Secretary of State has considered any such representations and any such proposals.
(5) Subsection (4) does not apply if the Secretary of State is satisfied that—
(a) the police authority has already been made aware of the matters constituting the Secretary of State’s grounds for proposing to give a direction under this section;
(b) the information the authority had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and
(c) the authority has had a reasonable opportunity to take such measures.
(6) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given—
(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
(b) an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
(7) A police authority that is given a direction under this section shall comply with it.
(8) Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.
(1) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—
(a) a proposal is made for the giving of a direction under section 40;
(b) a proposal is made for the giving of a direction under section 40A.
(2) Before making any regulations under this section, the Secretary of State shall consult with—
(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and
(c) such other persons as he thinks fit.
(3) Regulations under this section may make different provision for different cases and circumstances.
(4) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(5) On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.
(6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—
(a) a copy of the direction; and
(b) a report about it.
(7) A report under subsection (7)—
(a) shall be prepared at such time as the Secretary of State considers appropriate; and
(b) may relate to more than one direction.”
28 In section 41 (directions as to minimum budget), in subsection (1), after “section 40” there is inserted “or 40A”.
29 Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed.
30 (1) Section 96 (arrangements for obtaining the views of the community on policing) is amended as follows.
(2) In subsection (1)(b), after “crime” there is inserted “and anti-social behaviour”.
(3) In subsection (2), for “subsection (6)” there is substituted “provision made by virtue of subsection (6)(b)”.
(4) For subsections (6) to (10) there is substituted—
“(6) The Secretary of State may by regulations—
(a) make provision supplementing that made by this section (or by regulations under paragraph (b));
(b) make provision applying in place of subsection (2) in relation to the City of London police area.
(7) Regulations under subsection (6)(a) may contain—
(a) provision requiring a police authority to review arrangements made under this section from time to time;
(b) provision (further to that made by subsection (2) or by regulations under subsection (6)(b)) as to persons whom a police authority is to consult in making or reviewing the arrangements;
(c) provision as to matters to which a police authority is to have regard in making or reviewing the arrangements;
(d) provision for the Secretary of State, if not satisfied with the adequacy of arrangements made under this section by a police authority, to require the authority—
(i) to submit reports to him concerning the arrangements;
(ii) to review the arrangements.
(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.”