UKPGA-2011-13 Police Reform and Social Responsibility Act 2011 UK

There is to be a police and crime commissioner for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

A police and crime commissioner is a corporation sole.

Unless subsection (3B) applies, the name of the police and crime commissioner for a police area is “the Police and Crime Commissioner for” with the addition of the name of the police area.

Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.

The police and crime commissioner for a police area is to be elected, and hold office, in accordance with Chapter 6.

A police and crime commissioner has—

The police and crime commissioner for a police area must—

The police and crime commissioner for a police area must hold the relevant chief constable to account for the exercise of—

The police and crime commissioner must, in particular, hold the chief constable to account for—

The police authorities established for police areas under section 3 of the Police Act 1996 are abolished.

Subsection (1) does not apply to an area if the mayor for the area of a combined authority or combined county authority is to exercise functions of a police and crime commissioner in relation to the area in accordance with—

See section 76A and Schedule 10A for provision about cases where a mayor is to exercise functions in accordance with—

Schedule 1 (police and crime commissioners) has effect.

Each police force is to have a chief constable.

The chief constable of a police force is to be appointed, and hold office, in accordance with—

A police force, and the civilian staff of a police force, are under the direction and control of the chief constable of the force.

A chief constable has the other functions conferred by this Act and by other enactments.

A chief constable must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the relevant police and crime commissioner to exercise the commissioner's functions.

Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

Schedule 2 (chief constables) has effect.

In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (see section 2 of that Act).

There is to be a body with the name “The Mayor's Office for Policing and Crime” for the metropolitan police district.

The Mayor's Office for Policing and Crime is a corporation sole.

The person who is Mayor of London for the time being is to be the occupant for the time being of the Mayor's Office for Policing and Crime.

Accordingly, where a person is the occupant of the Mayor's Office for Policing and Crime by virtue of a particular term of office as Mayor of London (the “relevant mayoral term”), the person's term as the occupant of the Mayor's Office for Policing and Crime—

The Mayor's Office for Policing and Crime has—

The Mayor's Office for Policing and Crime must—

The Mayor's Office for Policing and Crime must hold the Commissioner of Police of the Metropolis to account for the exercise of—

The Mayor's Office for Policing and Crime must, in particular, hold the Commissioner to account for—

In section 424 of the Greater London Authority Act 1999 (interpretation), in subsection (1), in the definition of “functional body”, for paragraph (c) substitute—.

In this section, references to the Mayor of London include references to a person who is, by virtue of Schedule 4 to the Greater London Authority Act 1999 (exercise of functions of Mayor during vacancy or incapacity), treated as if the person were the Mayor of London.

Where such a person is the occupant for the time being of the Mayor's Office for Policing and Crime, references in this section to the relevant mayoral term are references to the period for which the person is treated as if the person were the Mayor of London.

The Metropolitan Police Authority is abolished.

Schedule 3 (Mayor's Office for Policing and Crime) has effect.

There is to be a corporation sole with the name “the Commissioner of Police of the Metropolis”.

The Commissioner of Police of the Metropolis is to be appointed, and hold office, in accordance with—

The metropolitan police force, and the civilian staff of the metropolitan police force, are under the direction and control of the Commissioner of Police of the Metropolis.

The Commissioner of Police of the Metropolis has the other functions conferred by this Act and by other enactments.

The Commissioner of Police of the Metropolis must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the Mayor's Office for Policing and Crime to exercise that Office's functions.

Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

Schedule 4 (Commissioner of Police of the Metropolis) has effect.

The police and crime commissioner for a police area must issue a police and crime plan within the financial year in which each ordinary election is held.

A police and crime commissioner must comply with the duty under subsection (1) as soon as practicable after the commissioner takes office.

A police and crime commissioner may, at any time, issue a police and crime plan.

A police and crime commissioner may vary a police and crime plan.

In issuing or varying a police and crime plan, a police and crime commissioner must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—

Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—

A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.

If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority’s priorities and objectives, for the period of the plan, in connection with the discharge of the authority’s functions.

Subsection (5B)(b) does not apply to a joint police and crime plan.

Before issuing or varying a police and crime plan, a police and crime commissioner must—

In complying with subsection (6)(c), the police and crime commissioner must ensure that the relevant police and crime panel has a reasonable amount of time to exercise its functions under section 28(3).

A police and crime commissioner must consult the relevant chief constable before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

A police and crime commissioner must—and exercise the powers under subsection (3) or (4) accordingly.

A police and crime commissioner who issues or varies a police and crime plan must—

The duty under subsection (10) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

It is for the commissioner to determine the manner in which—

In this section—“financial year” means the financial year of the police and crime commissioner;“ordinary election”, in relation to the police and crime commissioner for a police area, means an election held under section 50 in relation to that area.

The Mayor's Office for Policing and Crime must issue a police and crime plan within the financial year in which each ordinary election is held.

The Mayor's Office for Policing and Crime must comply with the duty under subsection (1) as soon as practicable after the person elected in the ordinary election takes office.

The Mayor's Office for Policing and Crime may, at any time, issue a police and crime plan.

The Mayor's Office for Policing and Crime may vary a police and crime plan.

In issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

Before issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must—

In complying with subsection (6)(c), the Mayor's Office for Policing and Crime must ensure that the police and crime panel has a reasonable amount of time to exercise its functions under section 33(1).

The Mayor's Office for Policing and Crime must consult the Commissioner of Police of the Metropolis before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

The Mayor's Office for Policing and Crime must—and exercise the powers under subsection (3) or (4) accordingly.

The provisions of the 1999 Act set out in subsection (11) apply to the Mayor's Office for Policing and Crime and police and crime plans as the provisions apply to the Mayor of London and the relevant mayoral strategies.

Those provisions of the 1999 Act are—

Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as if the police and crime plan were a strategy listed in section 41(1) of the 1999 Act.

The Mayor of London and the Mayor's Office for Policing and Crime must co-operate with each other in exercising their respective functions under section 41(5)(b) of the 1999 Act.

In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district”.

In this section—“1999 Act” means the Greater London Authority Act 1999;“financial year” means the financial year of the Mayor's Office for Policing and Crime;“ordinary election” means an election of the Mayor of London held under section 3 of the 1999 Act;“relevant mayoral strategy”, in relation to a provision set out in subsection (11), means a strategy to which the provision applies.

A police and crime plan is a plan which sets out, in relation to the planning period, the following matters—

The elected local policing body's police and crime objectives are the body's objectives for—

A police and crime plan has effect from the start of the planning period until—

The Secretary of State may give guidance to elected local policing bodies about the matters to be dealt with in police and crime plans.

An elected local policing body must have regard to such guidance.

Before giving guidance under subsection (4) the Secretary of State must consult—

In this section, in relation to a police and crime plan—“financial year” means the financial year of the elected local policing body;“ordinary election”—in relation to a police and crime commissioner, has the meaning given in section 5; in relation to the Mayor's Office for Policing and Crime, has the meaning given in section 6;“planning period”, in relation to a police and crime plan, is the period that—begins with—the day on which the plan is issued, or if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and ends with the last day of the financial year in which the next ordinary election is expected to take place after the plan is issued;“qualifying day” means a day which meets the following conditions (so far as applicable)—the day must fall after the day on which the plan is issued; the day must not fall after the day on which the next ordinary election is expected to take place after the plan is issued; in the case of a plan issued in accordance with the duty in section 5(1) or 6(1), the day must be, or fall before, the first day of the financial year following the financial year in which that duty must be complied with.

A police and crime commissioner must, in exercising the functions of commissioner, have regard to the police and crime plan issued by the commissioner.

The chief constable of the police force for a police area listed in Schedule 1 to the Police Act 1996 must, in exercising the functions of chief constable, have regard to the police and crime plan issued by the police and crime commissioner for that police area.

The Mayor's Office for Policing and Crime must, in exercising the functions of the Office, have regard to the police and crime plan issued by the Office.

The Commissioner of Police of the Metropolis must, in exercising the functions of Commissioner, have regard to the police and crime plan issued by the Mayor's Office for Policing and Crime.

The Secretary of State may give guidance to a person subject to a duty under this section about how that duty is to be complied with.

A person given such guidance must have regard to the guidance.

Before giving guidance under subsection (5) the Secretary of State must consult—

The elected local policing body for a police area must, in exercising its functions, have regard to the relevant priorities of each responsible authority.

The elected local policing body for a police area, in exercising its functions, and a responsible authority, in exercising its functions conferred by or under section 6 of the Crime and Disorder Act 1998 in relation to that police area, must act in co-operation with each other.

The elected local policing body for a police area, and the criminal justice bodies which exercise functions as criminal justice bodies in that police area, must make arrangements (so far as it is appropriate to do so) for the exercise of functions so as to provide an efficient and effective criminal justice system for the police area.

The references in this section to a responsible authority exercising functions in relation to a police area are references to the responsible authority exercising the functions in relation to a local government area that is comprised, or included, in the police area.

In this section—“criminal justice body”, in relation to the elected local policing body for a police area, means—the chief officer of police for that police area; the Crown Prosecution Service; the Lord Chancellor, in exercising functions under section 1 of the Courts Act 2003 (duty to ensure efficient and effective courts service); a Minister of the Crown, in exercising functions in relation to prisons (within the meaning of the Prison Act 1952); a youth offending team established under section 39 of the Crime and Disorder Act 1998; a person with whom the Secretary of State has made contractual or other arrangements, under section 3(2) of the Offender Management Act 2007, for the making of probation provision; the Secretary of State, in making probation provision in accordance with arrangements made by the Secretary of State under section 3(5) of the Offender Management Act 2007;“functions” does not include functions which are exercisable only in relation to Wales and relate to matters in relation to which the Welsh Ministers have functions;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“relevant priority”, in relation to a responsible authority, means a priority applicable to the exercise of that authority's functions which is identified by that authority in compliance with a requirement imposed by regulations made under section 6(2) of the Crime and Disorder Act 1998;“responsible authority” has the same meaning as in section 5 of the Crime and Disorder Act 1998.

An elected local policing body—

For that purpose, “specified” means specified by the Secretary of State by order.

An elected local policing body must publish the information which the body considers to be necessary to enable the persons who live in the body's area to assess—

The information necessary to enable those persons to assess those matters by reference to a particular time, or a particular period, must be published by the elected local policing body as soon as practicable after that time or the end of that period.

An elected local policing body may provide (whether by publication or other means) information about—

Each elected local policing body must produce a report (an “annual report”) on—

As soon as practicable after producing an annual report, the elected local policing body must send the report to the relevant police and crime panel.

The elected local policing body must attend before the panel at the public meeting arranged by the panel in accordance with section 28(4), to—

The elected local policing body must—

It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with subsection (4)(b).

An elected local policing body must arrange for each annual report to be published.

It is for the elected local policing body to determine the manner in which an annual report is to be published.

An elected local policing body must provide the relevant police and crime panel with any information which the panel may reasonably require in order to carry out its functions.

But subsection (1) does not require the elected local policing body to provide information if disclosure of the information—

An elected local policing body may provide the relevant police and crime panel with any other information which the body thinks appropriate.

Section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) is amended in accordance with this section.

In subsection (1), after paragraph (b) insert.

After subsection (1) insert—.

For subsection (2) substitute—.

Before subsection (6) insert—.

Omit subsections (6) to (10).

Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and services by local authorities) apply, with the modification set out in subsection (2), to each elected local policing body as they apply to a local authority.

In those subsections, references to a public body (within the meaning of that section) are to be read as references to any person.

An elected local policing body may not enter into an agreement with another elected local policing body, or with the Common Council of the City of London in its capacity as a police authority, under section 1 of the 1970 Act in respect of a matter which could be the subject of force collaboration provision in a collaboration agreement under section 22A of the Police Act 1996.

In this section “1970 Act” means the Local Authorities (Goods and Services) Act 1970.

This section applies where an elected local policing body is required or authorised by any Act—

The elected local policing body may appoint or designate a person whether or not the person is already a member of staff of the body.

Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

In carrying out functions, an elected local policing body must have regard to the views of people in the body's area about policing in that area.

In carrying out functions in a particular financial year, an elected local policing body must have regard to any report or recommendations made by the relevant police and crime panel on the annual report for the previous financial year (see section 28(4)).

Subsection (2) does not affect any exercise of the functions of the elected local policing body in any part of a particular financial year that falls—

In carrying out functions, an elected local policing body must have regard to any financial code of practice issued by the Secretary of State.

The Secretary of State may from time to time revise the whole or any part of any financial code of practice.

The Secretary of State must lay before Parliament a copy of—

In this section “financial code of practice” means a code of practice relating to the proper administration by elected local policing bodies of their financial affairs.

This section is in addition to the duty under section 8 to have regard to the police and crime plan.

The police and crime commissioner for a police area may—

A police and crime commissioner may arrange for any person (who is not the deputy police and crime commissioner) to exercise any function of the commissioner.

But a police and crime commissioner may not—

A deputy police and crime commissioner may arrange for any other person to exercise any function of the police and crime commissioner which is, in accordance with subsection (1)(b), exercisable by the deputy police and crime commissioner.

But the deputy police and crime commissioner may not arrange for a person to exercise a function if—

The persons referred to in subsections (3)(a) and (c) and (5) are—

The functions referred to in subsection (3) are—

If a function of a police and crime commissioner is exercisable by any other person in accordance with this section, any property or rights vested in the commissioner may be dealt with by the other person in exercising the function, as if vested in that person.

Subsection (2) applies whether or not there is a deputy police and crime commissioner.

The deputy police and crime commissioner is a member of the police and crime commissioner's staff.

For further provision about the appointment of a deputy police and crime commissioner, see paragraphs 8 to 12 of Schedule 1.

The Mayor's Office for Policing and Crime may—

The Mayor's Office for Policing and Crime may arrange for a person (who is not the Deputy Mayor for Policing and Crime) to exercise any function of the Mayor's Office for Policing and Crime.

But the Mayor's Office for Policing and Crime may not—

The Deputy Mayor for Policing and Crime may arrange for any other person to exercise any function of the Mayor's Office for Policing and Crime which is, in accordance with subsection (1)(b), exercisable by the Deputy Mayor for Policing and Crime.

But the Deputy Mayor for Policing and Crime may not arrange for a person to exercise a function if—

The persons referred to in subsections (3)(a) and (c) and (5) are—

The functions mentioned in subsection (3) are—

If a function of the Mayor's Office for Policing and Crime is exercisable by a person in accordance with subsection (1), (2) or (4), any property or rights vested in the Office may be dealt with by the other person in exercising the function, as if vested in that person.

Subsection (2) applies whether or not there is a Deputy Mayor for Policing and Crime.

The Deputy Mayor for Policing and Crime is a member of the staff of the Mayor's Office for Policing and Crime.

But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member).

The appointment of the Deputy Mayor for Policing and Crime is subject to Schedule 4A to the Greater London Authority Act 1999.

For further provision about the appointment of the Deputy Mayor for Policing and Crime, see paragraph 4 of Schedule 3.

The Greater London Authority Act 1999 is amended in accordance with this section.

In section 60A (confirmation hearings etc for certain appointments by the Mayor)—

In Schedule 4A (confirmation hearings etc)—

Each elected local policing body must keep a fund to be known as the police fund.

All of an elected local policing body's receipts must be paid into the relevant police fund.

All of an elected local policing body's expenditure must be paid out of the relevant police fund.

An elected local policing body must keep accounts of payments made into or out of the relevant police fund.

Subsections (2) and (3) are subject to any regulations under the Police Pensions Act 1976.

In this section “relevant police fund”, in relation to an elected local policing body, means the police fund which that body keeps.

Section 41 of the Police Act 1996 (directions as to minimum budget) is amended as follows.

In subsection (1)—

After subsection (1) insert—.

In subsection (4)—

The Greater London Authority Act 1999 is amended as follows.

Section 95 (minimum budget for Metropolitan Police Authority) is amended in accordance with subsections (3) to (7).

In the title, for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

In subsection (1), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

In subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

After subsection (2) insert—.

In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each place) substitute “ Mayor's Office for Policing and Crime ”.

In section 96 (provisions supplemental to section 95), in subsection (6), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Section 46 of the Police Act 1996 (police grant) is amended as follows.

In subsection (1)—

In subsection (2)(b), for “authority” substitute “ grant recipient ”.

In subsection (4), for “police authorities” substitute “ grant recipients ”.

In subsection (5), for “different authorities or different classes of authority” substitute “ different grant recipients or different classes of grant recipient ”.

In subsection (7), for “police authority” substitute “ grant recipient ”.

In subsection (7A)—

In subsection (8)—

In subsection (9), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

The Police Act 1996 is amended as follows.

In section 47 (grants for capital expenditure)—

In section 48 (grants for expenditure on safeguarding national security)—

In section 92 (grants by local authorities)—

In section 93 (acceptance of gifts or loans)—

Section 94 (financing of new police authorities) is amended as follows.

In the title, for “police authorities” substitute “ police and crime commissioners ”.

In subsection (1)—

In subsection (2)—

In subsection (3)—

In subsection (4)—

The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

In section 39 (precepting and precepted authorities), in subsection (1) (major precepting authorities), for paragraph (b) substitute—.

In section 65 (duty to consult ratepayers), in subsection (3) (definition of relevant authority), after “major precepting authority” insert “ , apart from a police and crime commissioner ”.

Schedule 5 (issuing precepts) has effect.

Section 155 of the Local Government and Housing Act 1989 (emergency financial assistance to local authorities) is amended in accordance with subsections (2) and (3).

In subsection (1A) (grants to GLA functional bodies), for paragraph (b) substitute—.

In subsection (4) (meaning of local authority), for paragraph (ea) substitute—.

In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of Part 3: expenditure grant), in subsection (1) (meaning of local authority), for paragraph (m) substitute—.

Each police area, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Schedule 6 (police and crime panels).

Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.

The functions of the police and crime panel for a police area must be exercised with a view to supporting the effective exercise of the functions of the police and crime commissioner for that police area.

A police and crime panel must—

A police and crime panel must—

A police and crime panel has the functions conferred by Schedules 1 (procedure for appointments of senior staff), 5 (issuing precepts) and 8 (procedure for appointments by police and crime commissioners).

A police and crime panel must—insofar as the panel is not otherwise required to do so by subsection (3) or (4) or by Schedule 1, 5 or 8.

A police and crime panel must publish any reports or recommendations made to the relevant police and crime commissioner.

The police and crime panel for a police area in England must send copies of any such reports or recommendations to each local authority whose area falls wholly or partly within the police area.

It is for the police and crime panel to determine the manner in which reports or recommendations are to be published in accordance with subsection (7).

Schedule 6 (police and crime panels) has effect.

In this section “local authority” means a county council or a district council.

A police and crime panel may require the relevant police and crime commissioner, and members of that commissioner's staff, to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

Nothing in subsection (1) requires a member of the police and crime commissioner's staff to give any evidence, or produce any document, which discloses advice given to the commissioner by that person.

A police and crime panel may require the relevant police and crime commissioner to respond in writing (within a reasonable period determined by the panel) to any report or recommendation made by the panel to the commissioner.

The police and crime commissioner must comply with any requirement imposed by the panel under subsection (1) or (3).

Members of the staff of the police and crime commissioner must comply with any requirement imposed on them under subsection (1).

If a police and crime panel requires the relevant police and crime commissioner to attend before the panel, the panel may (at reasonable notice) request the relevant chief constable to attend before the panel on the same occasion to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

A police and crime panel may suspend the relevant police and crime commissioner if it appears to the panel that—

The suspension of the police and crime commissioner ceases to have effect upon the occurrence of the earliest of these events—

For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the police and crime commissioner is to be treated as not holding that office during that suspension.

In this section references to an offence which carries a maximum term of imprisonment exceeding two years are references—

The Secretary of State may, by regulations, make provision about—

Schedule 7 (regulations about complaints and conduct matters) has effect.

In this section and that Schedule “relevant officer holder” means the holder of any of the following offices—

The London Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (the “police and crime panel”).

Those functions (“the police and crime panel functions”) are—

The London Assembly may not arrange for the police and crime panel functions to be discharged on its behalf otherwise than in accordance with subsection (1).

The London Assembly may not arrange for any of its other functions to be discharged by the police and crime panel.

The special scrutiny functions may only be exercised at a meeting of the whole panel; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole panel.

The enactments applying to committees of the London Assembly, apart from the excluded provisions, apply to the police and crime panel as if the police and crime panel functions were to be discharged by the panel by virtue of arrangements under section 54(1)(a) of the 1999 Act.

In subsection (6), “excluded provisions” means the following provisions of the 1999 Act—

The enactments conferring, or relating to, the police and crime panel functions are to be read with the appropriate modifications; in particular—

For the purposes of subsection (8), references to the police and crime panel include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3) of the 1999 Act.

The following provisions apply to the police and crime panel—

The following provisions apply to any sub-committee by which police and crime panel functions are to be discharged—

The police and crime panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor's Office for Policing and Crime.

In this section—“1999 Act” means the Greater London Authority Act 1999;“special scrutiny functions” means the functions conferred—by section 33(1), or by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

The London Assembly must—

The London Assembly must keep under review the exercise of the functions of the Mayor's Office for Policing and Crime, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A to the 1999 Act.

For the purposes of subsection (2), the powers of the London Assembly include, in particular, power to investigate, and prepare reports about—

The London Assembly may submit proposals to the Mayor's Office for Policing and Crime.

The London Assembly may require a person referred to in subsection (6)—

Those persons are—

Nothing in subsection (5) requires a member of the staff of the Mayor's Office for Policing and Crime to give any evidence, or produce any document, which discloses advice given to the Mayor's Office for Policing and Crime by that person.

If the London Assembly requires the Deputy Mayor for Policing and Crime, or the person who is the occupant of the Mayor's Office for Policing and Crime, to attend proceedings, the Assembly may (at reasonable notice) request the Commissioner of Police of the Metropolis to attend proceedings on the same occasion for the purpose of giving evidence.

The following provisions of the 1999 Act apply (with appropriate modifications) to a requirement under subsection (5) as they apply to a requirement under section 61(1) of the 1999 Act—

In this section “1999 Act” means the Greater London Authority Act 1999.

A chief officer of police must make arrangements for obtaining the views of persons within each neighbourhood in the relevant police area about crime and disorder in that neighbourhood.

A chief officer of police must make arrangements for providing persons within each neighbourhood in the relevant police area with information about policing in that neighbourhood (including information about how policing in that neighbourhood is aimed at dealing with crime and disorder there).

Arrangements under this section must provide for, or include arrangements for, the holding in each neighbourhood of regular meetings between—

It is for a chief officer of police to determine what the neighbourhoods are in the relevant police area.

In exercising functions, a chief officer of police must secure that good value for money is obtained.

That includes securing that the persons under the direction and control of the chief officer of police obtain good value for money in exercising their functions.

A chief officer of police must give the relevant elected local policing body such information on policing matters that the body may require the chief officer to give.

Such information must be in the form (if any) specified by the elected local policing body.

The elected local policing body may—

It is for the elected local policing body to determine the manner in which information is to be published in accordance with subsection (3) (a) or (b).

In this section “policing matters” means matters connected with the policing of the relevant police area.

This section applies where a chief officer of police is required or authorised by any Act—

The chief officer of police may appoint or designate a person whether or not the person is already a member of staff of the police force.

Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

The police and crime commissioner for a police area is to appoint the chief constable of the police force for that area.

The police and crime commissioner for a police area may suspend from duty the chief constable of the police force for that area.

The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire.

The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).

Schedule 8 (appointment, suspension and removal of senior police officers) has effect.

This section is subject to Parts 1 and 2 of Schedule 8.

This section and Schedule 8 are subject to regulations under section 50 of the Police Act 1996.

Each police force must have one or more deputy chief constables.

The chief constable of a police force must consult the relevant police and crime commissioner before increasing the number of deputy chief constables which the force has.

The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person to be a deputy chief constable of the force.

The chief constable of a police force may suspend from duty a deputy chief constable of that police force.

The chief constable of a police force may call upon a deputy chief constable of that police force to resign or retire.

A deputy chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (5).

Subsections (3) to (6) are subject to regulations under section 50 of the Police Act 1996.

Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

Each police force must have one or more assistant chief constables.

The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person as an assistant chief constable of the force.

The chief constable of a police force may suspend from duty an assistant chief constable of that police force.

The chief constable of a police force may call upon an assistant chief constable of that police force to resign or retire.

An assistant chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (4).

Subsections (2) to (5) are subject to regulations under section 50 of the Police Act 1996.

Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

The appropriate deputy chief constable of a police force may exercise or perform any or all of the functions of the chief constable of the force—

For the purposes of subsection (1), the appropriate deputy chief constable is—

If the police force has more than one deputy chief constable, the chief constable must designate the deputy chief constables in order of seniority for the purposes of subsection (2)(b).

During any absence, incapacity or suspension from duty of the person who—the person designated as the next most senior deputy chief constable is to be treated as the most senior one for the purposes of subsection (2)(b).

The assistant chief constable designated for this purpose by the chief constable of the force may exercise any or all of the chief constable's functions during any period when—

The chief constable of the force must designate an assistant chief constable of the force for the purposes of subsection (5).

Only one person is authorised to act at any one time by virtue of a designation by the chief constable.

The chief constable must consult the relevant police and crime commissioner before making a designation for the purposes of subsection (2)(b) or (5).

This section is without prejudice to any other enactment that makes provision for a person other than the chief constable to exercise the chief constable's functions.

In a case where a deputy chief constable or assistant chief constable (the “acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise or perform functions of a chief constable—

In this section—

The Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

A constable holds office as the Commissioner of Police of the Metropolis at Her Majesty's pleasure.

The Secretary of State may not recommend to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis unless that person is eligible for appointment; and, before making such a recommendation, the Secretary of State must have regard to any recommendations made by the Mayor's Office for Policing and Crime.

A person is eligible for appointment if the person is or has been—

But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

An “approved overseas police force” is a police force which—

The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations.

The College of Policing must recommend to the Secretary of State matters to be designated under this section.

The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).

The appointment of the Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

The Metropolitan Police force has one Deputy Commissioner of Police of the Metropolis.

The Deputy Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

A person holds office as the Deputy Commissioner of Police of the Metropolis at Her Majesty's pleasure.

The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment.

A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis, the Secretary of State must have regard to—

The appointment of the Deputy Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

The Deputy Commissioner of Police of the Metropolis does not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

The Deputy Commissioner of Police of the Metropolis has all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

The metropolitan police force must have one or more Assistant Commissioners of Police of the Metropolis.

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as an Assistant Commissioner of Police of the Metropolis.

The appointment of a person as an Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

An Assistant Commissioner of Police of the Metropolis may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner of Police of the Metropolis.

Subsection (4) is without prejudice to regulations under section 50 of the Police Act 1996.

In a case where an Assistant Commissioner of Police of the Metropolis is acting in place of the Commissioner of Police of the Metropolis—

For the purposes of subsection (6), an Assistant Commissioner is to be taken to be acting in place of the Commissioner at a particular time if—

The metropolitan police force must have one or more Deputy Assistant Commissioners of Police of the Metropolis.

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Deputy Assistant Commissioner of Police of the Metropolis.

The appointment of a person as a Deputy Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

The metropolitan police force must have one or more Commanders.

The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Commander.

The appointment of a person as a Commander is subject to regulations under section 50 of the Police Act 1996.

The Mayor's Office for Policing and Crime may, with the approval of the Secretary of State—

If the Mayor's Office for Policing and Crime suspends the Commissioner, or Deputy Commissioner, from duty, that Office must notify the Secretary of State of the suspension.

The Mayor's Office for Policing and Crime may, subject to subsections (5) and (6), and with the approval of the Secretary of State—

The Commissioner, or Deputy Commissioner, must resign or retire if called upon to do so in accordance with subsection (3).

Before calling upon the Commissioner, or Deputy Commissioner, to retire or resign, the Mayor's Office for Policing and Crime must—

The Mayor's Office for Policing and Crime must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the Commissioner, or Deputy Commissioner, to retire or resign.

This section is subject to regulations under section 50 of the Police Act 1996.

This section is without prejudice to—

The Commissioner of Police of the Metropolis may suspend a senior metropolitan police officer from duty.

If the Commissioner suspends a senior metropolitan police officer from duty, the Commissioner must notify the Mayor's Office for Policing and Crime of the suspension.

The Commissioner of Police of the Metropolis may, subject to subsection (5), and after consulting the Mayor's Office for Policing and Crime, call upon a senior metropolitan police officer to resign or retire.

A senior metropolitan police officer must resign or retire if called upon to do so in accordance with subsection (3).

Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must—

This section is subject to regulations under section 50 of the Police Act 1996.

This section is without prejudice to regulations under the Police Pensions Act 1976.

In this section “senior metropolitan police officer” means any of the following—

An election of police and crime commissioners for all police areas (an “ordinary election”) is to be held—

The poll at the ordinary election of police and crime commissioners in 2012 is to be held on 15 November 2012.

The poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on the first Thursday in May in the year of the election.

But, if the Secretary of State ... so specifies in an order, the poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on such day in the year of the election as may be specified in the order.

An order under subsection (4)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The term of office of a person elected as a police and crime commissioner at an ordinary election—

Subsection (7) is subject to any provision of or made under this or any other Act relating to the appointment or election of police and crime commissioners or their ceasing to hold office.

This section applies where a vacancy occurs in the office of police and crime commissioner for a police area.

An election must be held to fill the vacancy.

The police area returning officer must fix the date of the poll at the election.

The date fixed must be not more than 35 days after the relevant event (computed in accordance with section 73).

For the purposes of subsection (4), “the relevant event” means—

A person is a relevant elector for the purposes of subsection (5) in relation to a police area in England if the person is registered in a register of local government electors in respect of an address within the police area.

A person is a relevant elector for the purposes of subsection (5) in relation to a police area in Wales if subsection (6B) or (6C) applies.

This subsection applies if—

This subsection applies if—

If the vacancy occurs within the period of six months ending with the day of the poll at the next ordinary election of police and crime commissioners—

The term of office of a person elected as a police and crime commissioner for a police area at an election to fill a vacancy in the office—

In the case of a vacancy occurring in consequence of the failure of, or other irregularity in relation to, an election, subsections (3) and (4) have effect subject to any provision made by an order under section 58.

A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area in England if on the date of the poll—

A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area in Wales if subsection (1B) or (1C) applies.

This subsection applies if on the date of the poll—

This subsection applies if on the date of the poll—

A person is not entitled to vote as an elector more than once in the same police area at any election of a police and crime commissioner.

The returning officer for an election of a police and crime commissioner for a police area (“the police area returning officer”) is to be a person who—

The Secretary of State ... may by regulations confer functions—

Regulations under subsection (2) may apply or incorporate, with or without modifications or exceptions, any relevant provision.

Each relevant local authority must place the services of its officers at the disposal of any person on whom functions are conferred under subsection (2) in relation to the police area for the purpose of assisting that person in the discharge of those functions.

In this section—“local authority” means—a district council, a county council in England for a county in which there are no district councils, the Council of the Isles of Scilly, a county council or county borough council in Wales;“local election” means an election of members of a local authority;“local returning officer” means a person who, by virtue of section 35 of the Representation of the People Act 1983, is a returning officer for any local elections;“relevant local authority”, in relation to a police area, means a local authority whose area falls wholly or partly within the police area;“relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—the Representation of the People Acts, the Local Government Act 1972, the Local Government Act 2000, the Political Parties, Elections and Referendums Act 2000,... the Government of Wales Act 2006, and any other enactment relating to parliamentary elections ... or local government elections.

A returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election of a police and crime commissioner if—

An order under subsection (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description.

Subject to subsection (4), the returning officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.

In a particular case the Secretary of State may authorise the payment of—if the Secretary of State is satisfied that the conditions in subsection (5) are met.

Those conditions are—

The amount of any charges recoverable in accordance with this section is to be paid by the Secretary of State on an account being submitted to the Secretary of State.

But the Secretary of State may, before payment, apply for the account to be taxed under section 56.

Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at an election of a police and crime commissioner, then on an account being submitted to the Secretary of State a sum equal to the increase must be paid to the authority by the Secretary of State.

On the request of a returning officer for an advance on account of the officer's charges, the Secretary of State may make such an advance on such terms as the Secretary of State thinks fit.

The Secretary of State may by regulations make provision as to—accounts are to be rendered to the Secretary of State for the purposes of the payment of a returning officer's charges.

Any sums required by the Secretary of State for making payments under this section are to be charged on, and paid out of, the Consolidated Fund.

In this section—“local authority” has the same meaning as in section 54;“local returning officer” has the same meaning as in that section;...“returning officer” means—a police area returning officer, or a local returning officer on whom functions are conferred under subsection (2) of section 54;“specified” means specified in, or determined in accordance with, an order under subsection (1).

Any application under section 55(7) for a returning officer's account to be taxed is to be made to the county court.

On any such application the court has jurisdiction—

On any such application the returning officer may apply to the court to examine any claim made by any person against the officer in respect of matters charged in the account.

Where an application is made in respect of a claim under subsection (3)—

In this section “returning officer” has the same meaning as in section 55.

This section applies to any election under this Chapter of a police and crime commissioner for a police area.

The commissioner is to be returned under the simple majority system....

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State ... may by order make provision as to—

The provision which may be made under subsection (1)(a) includes, in particular, provision—

An order under subsection (1) may—

Provision within paragraph (d) of subsection (2) includes, in particular—

The Secretary of State ... may by order make modifications of any relevant provision that are consequential on any provision of—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision that may be made under subsection (5) includes, in particular, provision modifying any relevant provision so as to apply (with or without modifications)—

In this section—“relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—the Representation of the People Acts, the Local Government Act 1972, the Local Government Act 2000, the Political Parties, Elections and Referendums Act 2000,... the Government of Wales Act 2006, and any other enactment relating to parliamentary elections ... or local government elections;“modify” includes amend, repeal or revoke (and related terms are to be read accordingly).

For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—

The cases referred to in subsection (1)(d) are—

In a case where subsection (1)(e) and (d) (in the case of a disqualification by virtue of section 66(3)(c)) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(e).

The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.

The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.

Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.

Subsection (2) applies where—

The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

A police and crime commissioner may at any time resign office by giving notice to the appropriate officer.

Any such resignation takes effect on the officer's receipt of the notice.

The police and crime panel for a police area must appoint a person to act as police and crime commissioner for that area (the “acting commissioner”) if—

The police and crime panel may appoint a person as acting commissioner only if the person is a member of the police and crime commissioner's staff at the time of the appointment.

In appointing a person as acting commissioner in a case where the police and crime commissioner is incapacitated, the police and crime panel must have regard to any representations made by the commissioner in relation to the appointment.

All the functions of a police and crime commissioner are exercisable by an acting commissioner, apart from issuing or varying a police and crime plan under section 5.

Any property or rights vested in the police and crime commissioner may be dealt with by the acting commissioner as if vested in the acting commissioner.

The appointment of an acting commissioner ceases to have effect upon the occurrence of the earliest of these events—

In a case where—the occurrence of that vacancy does not affect the appointment of the acting commissioner (and accordingly subsection (6)(c) or (d) does not apply).

For the purposes of this section—

Subject to subsection (4), a reference in any enactment to a police and crime commissioner includes a reference to an acting commissioner.

Subsection (2) applies where—

At the end of that 6 month period—

A person is disqualified from being elected to the office of police and crime commissioner for a police area in England at any election unless—

A person is disqualified from being elected to the office of police and crime commissioner for a police area in Wales at any election unless—

This subsection applies if—

This subsection applies if—

In this section “relevant day”, in relation to a person who is a candidate at an election, means—

A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person has been nominated as a candidate for election as police and crime commissioner for any other police area at that election.

A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person—

A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

Subsection (1)(e)(i) does not prevent a deputy police and crime commissioner—

In this section, “member of staff”, in relation to any person (“A”), includes a person (“B”) who works for A—and for this purpose B works for A if B provides services for A under the direction and control of A.

In subsection (1)(i), the reference to an entity under the control of a local policing body or other body or a chief officer of police is to be construed in accordance with regulations made by the Secretary of State ....

In its application in relation to the first election of a police and crime commissioner to be held for a police area, this section applies as if—

A person is disqualified from being elected as, or being, a police and crime commissioner unless the person satisfies the citizenship condition (see section 68).

A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

A person is disqualified from being elected as, or being, a police and crime commissioner if—

For the purpose of subsection (3)(c)—

A person is disqualified from being elected as, or being, police and crime commissioner for a police area if the person—

For this purpose—“member of staff” has the same meaning as in section 65;“relevant council”, in relation to a police area, means a council within subsection (7) for an area which, or any part of which, lies within the police area.

Those councils are—

In subsection (5)(b), the reference to an entity under the control of a relevant council is to be construed in accordance with regulations made by the Secretary of State ....

Nothing in subsection (5) is to be taken to disqualify a person by virtue of being a teacher, or otherwise employed, in a school or other educational institution maintained or assisted by a relevant council.

Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.

A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—

A person is disqualified from being elected as, or being, police and crime commissioner if the person—

This section applies for the purposes of section 66.

A person satisfies the citizenship condition if the person is—

For the purposes of this section, a person is a qualifying Commonwealth citizen if the person is a Commonwealth citizen and—

But a person who does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases) is not a qualifying Commonwealth citizen by virtue of subsection (3)(a).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person elected to the office of police and crime commissioner for any police area may not act in that office unless the person has—in each case, when not ineligible by virtue of subsection (5).

If the person fails to make and deliver a declaration in accordance with subsection (1) within the period of two months beginning with the day after the election, the office of police and crime commissioner for that area becomes vacant at the end of the period.

Any declaration made under this section must be made before—

Any person before whom a declaration is authorised to be made under this section may take the declaration.

A person is ineligible to make or give a declaration of acceptance of office under this section in respect of the office of police and crime commissioner for a police area at any time when the person is a member of—

No salary, and no payment towards the provision of superannuation benefits, is to be paid under this Act to or in respect of a police and crime commissioner until the commissioner has complied with the requirements of subsection (1).

Subsection (6) does not affect any entitlement of a police and crime commissioner to payments in respect of the period before the commissioner complies with the requirements of subsection (1) once the commissioner has complied with those requirements.

Any person who claims that a person purporting to be a police and crime commissioner for a police area is, or at any time since being elected has been, disqualified—may apply to the High Court for a declaration to that effect, and that accordingly the office of police and crime commissioner for the area is vacant.

An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was elected or to have arisen subsequently.

No declaration may be made under this section in respect of any person on grounds which subsisted when the person was elected, if an election petition under an order under section 58 is pending or has been tried in which the person's disqualification on those grounds is or was in issue.

Any person who claims that a person purporting to be a police and crime commissioner for a police area has ceased to be the police and crime commissioner for the police area by virtue of—may apply to the High Court for a declaration to that effect.

On an application under this section—

The amount of the security may not exceed £5,000 or such other sum as the Secretary of State ... may specify by order.

The decision of the court on an application under this section is final.

Subsection (2) applies where a person becomes police and crime commissioner for a resulting police area by virtue of, or of an election required to be held by, a police area alteration order.

The person's term of office as police and crime commissioner ends at the time when it would end had the person been elected as police and crime commissioner at the previous ordinary election of commissioners in England or, as the case may be, Wales.

In this section—“police area alteration order” means—an order under section 32 of the Police Act 1996 (power to alter police areas by order); an order under section 10 of the Local Government and Public Involvement in Health Act 2007 (implementation of Boundary Committee for England review of local government areas) which alters the boundary of any police area in England; an order under section 45 of the Democracy and Boundary Commission Cymru etc. Act 2013(recommendations for changes to police areas) which alters the boundary of any police area in Wales;“resulting police area”, in relation to a police area alteration order, means a police area existing immediately after the order comes into force—which is created by the order, or any part of whose boundary results from the order.

References in this section to the coming into force of a police area alteration order are references to the changes in police areas made by the order taking effect.

Subsection (2) applies where the day, or the last day, on which anything is required or permitted to be done by or under section 50, 51 or 70 is not a business day.

The requirement or permission is deemed to relate instead to the first business day after that day.

Where under subsection (2) the day of an election is postponed, the day to which it is postponed is to be treated as the day of election for the purpose of—

Any day which is not a business day is to be disregarded in computing any period of time for the purpose of section 51.

In this section, “business day” means a day other than—a Saturday, a Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday, or a day appointed for public thanksgiving or mourning.

For each police area, other than the metropolitan police district, the Secretary of State ... must by order designate a local authority.

In this Chapter, the “appropriate officer”, means—

In this section—“chief executive” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;“local authority” means—a district council, a county council in England for a county in which there are no district councils, the Council of the Isles of Scilly, a county council or county borough council in Wales;“head of paid service”, in relation to a council in England, means the person designated by the council under section 4(1)(a) of the Local Government Act 1989.

For section 37A of the Police Act 1996 (setting of strategic priorities for police authorities), substitute—.

The Secretary of State must issue a policing protocol.

Each relevant person must have regard to the policing protocol in exercising the person's functions.

The Secretary of State may at any time—

Before varying or replacing the policing protocol, the Secretary of State must consult—

The functions of the Secretary of State under subsections (1) and (3) are exercisable by order.

In this section—“police and crime panel” means—each police and crime panel established in accordance with Schedule 6 (police areas outside London); the London Assembly's police and crime panel (see section 32);“policing protocol” means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State's view) exercise, or refrain from exercising, functions so as to—encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or limit or prevent the overlapping or conflicting exercise of functions;“relevant persons” means—the Secretary of State in the exercise of policing functions; each elected local policing body; the chief officer of each police force maintained by an elected local policing body; police and crime panels.

The Secretary of State may, in connection with the exercise by the Secretary of State of any function relating to the police or policing, require a representative body to give the Secretary of State advice on any matter.

A requirement under subsection (1) may specify the period within which the advice is to be given.

A representative body must comply with a requirement under subsection (1).

In a case where—the Secretary of State must have regard to the advice in that exercise of that function.

In this section “representative body” means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.

The Police Act 1996 is amended as follows.

Section 42 (removal of chief constables etc) is amended in accordance with subsections (3) to (11).

For the title substitute “ Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner ”.

For subsections (1) to (1B) substitute—.

In subsection (2), for the words before paragraph (a) substitute—.

In subsection (2A), for the words from “notice” (in the second place) to the end substitute “ notice to the Mayor's Office for Policing and Crime. ”.

In subsection (3A)—

In subsection (3B), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”.

In subsection (4), for the words from “, the Deputy” to “constable” substitute “ or Deputy Commissioner ”.

For subsection (4A) substitute—.

Omit subsection (4C).

In section 50 (regulations for police forces), after subsection (2) insert—.

Section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary) is amended as follows.

In subsection (2) omit “to the Secretary of State”.

Omit subsection (2A).

After subsection (2B) insert—.

Omit subsection (2C).

In subsection (4)—

After subsection (4) insert—.

Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

For subsection (1) substitute—.

For subsection (2) substitute—.

For subsection (3) substitute—.

In subsection (4)—

In subsection (5)—

In subsection (6) for “police authority” substitute “ local policing body ”.

Omit subsection (8).

Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about HMIC) is amended as follows.

In sub-paragraph (1) omit “, or at such times as the Secretary of State may specify by order,”.

In sub-paragraph (2) for “each of those persons or bodies” substitute “ the Secretary of State ”.

After sub-paragraph (2) insert—.

In sub-paragraph (3)—

Omit sub-paragraph (4).

Before sub-paragraph (5) insert—.

The Police Act 1996 is amended in accordance with subsections (2) and (3).

After section 22 insert—.

After section 23F insert—.

Schedule 12 (collaboration agreements) has effect.

The Police Act 1996 is amended as follows.

In section 40 (powers to give directions in relation to police force), for “police authority” (in each place) substitute “ local policing body ”.

In section 40A (powers to give directions in relation to police authority)—

In section 40B (procedure for directions under section 40 or 40A)—

Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

In the title, after “standard” insert “ and provision ”.

After subsection (1A) insert—

In subsection (1B), after “subsection (1A)” insert “ or (1AA) ”.

In subsection (2), for paragraph (a) substitute—.

Section 96A of the Police Act 1996 (national and international functions of the metropolitan police) is amended in accordance with subsections (2) to (6).

In the title, after “police” insert “ force and other police forces ”.

For subsection (1) substitute—.

In subsection (2)—

In subsection (3), for “The Metropolitan Police Authority” substitute “ A local policing body ”.

Omit subsection (4).

Omit section 96B of the Police Act 1996 (national and international functions: application of requirements relating to reports etc).

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

In subsection (1)—

After subsection (2) insert—.

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

After the entry for “Local land charges register” insert—.

After the entry for “Person” insert—.

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

After the entry that begins “Police Area” insert—.

A reference to crime and disorder reduction is a reference to—

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.

This section applies for the purposes of this Part.

In this Part (unless otherwise specified)—“chief executive” means—in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1; 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—in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1; 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; in relation to the Mayor's Office for Policing and Crime, the chief finance officer appointed by the Office under Schedule 3; 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—in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force; 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—in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area; in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;“national or international functions” means functions relating to—the protection of prominent persons or their residences, national security, counter-terrorism, or the provision of services for any other national or international purpose;“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—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; 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 police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and the metropolitan police district;“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 police area, the police force for a police area, the elected local policing body for a police area, or the police and crime panel for a police area, means the chief officer of police of the police force for that area;...“relevant elected local policing body”, in relation to—a police area, the police force for a police area, the chief officer of police of the police force for a police area, or 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 police area, the police force for a police area, the chief officer of police of the police force for a police area, or 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 police area, a chief officer of police of the police force for a police area, the elected local policing body for a police area, or the police and crime panel for a police area, means the police force for that area.

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

References in this Part to a police and crime commissioner's staff are references to the following persons appointed under Schedule 1—and to the person (if any) appointed as the deputy police and crime commissioner under section 18.

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

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

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

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

In section 13(4) (responsible authorities)—

In section 69(4) (responsible authorities)—

The amendments made by this section apply in relation to—

The Licensing Act 2003 is amended as set out in subsections (2) to (4).

In section 5(3) (statement of licensing policy), after paragraph (b) insert—.

In section 13(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—.

In section 69(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—.

The amendments made by this section apply in relation to—

The Licensing Act 2003 is amended as set out in subsections (2) to (9).

In section 13 (authorised persons, interested parties and responsible authorities)—

In section 17(5) (application for premises licence)—

In section 18(7) (determination of application for premises licence)—

In section 31(6) (determination of application for provisional statement)—

In section 35(6) (determination of application to vary premises licence)—

In section 41B(2)(b)(ii) (determination of application for minor variation of premises licence), for “an interested party” substitute “ any other person ”.

In section 41D(6) (variation of premises licence: supply of alcohol from community premises), for paragraph (b) substitute—.

In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 3”.

In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (1).

The amendments made by this section apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (6).

In section 51 (application for review of premises licences)—

In section 52(8) (determination of application for review of premises licence)—

In section 53A(3) (summary reviews on application of senior police officer)—

In section 53C(8) (review of premises licence following summary review notice)—

In section 167 (review of premises licence following closure order)—

The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (7).

In section 69 (authorised persons, interested parties and responsible authorities)—

In section 71(6) (application for club premises certificate)—

In section 72(8) (determination of application for club premises certificate)—

In section 85(6) (determination of application to vary club premises certificate)—

In section 86B(2)(b)(ii) (determination of application for minor variation of club premises certificate), for “an interested party” substitute “ any other person ”.

In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 4”.

In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (2).

The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (4).

In section 87 (application for review of club premises certificate), for subsection (1) substitute—.

In section 87(3) (application for review of club premises certificate)—

In section 88(8) (determination of application for review of club premises certificate)—

The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (14).

In section 18 (determination of application for premises licence)—

In section 22(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.

In section 25A(6) (grant of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.

In section 31 (determination of application for provisional statement)—

In section 35(3)(b) (determination of application to vary premises licence), for “necessary” substitute “ appropriate ”.

In section 39(3)(b) (determination of application to vary premises licence to specify premises supervisor), for “necessary” substitute “ appropriate ”.

In section 41D(5) (variation of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 52(3) (determination of application for review of premises licence), for “necessary” substitute “ appropriate ”.

In section 53B(8)(a) (supplementary provision about review of premises licence), for “necessary” substitute “ appropriate ”.

In section 53C(2)(b) (review of premises licence following review notice), for “necessary” substitute “ appropriate ”.

In section 177(5) (dancing and live music in certain small premises), for “necessary” substitute “ appropriate ”.

The amendments made by this section (other than subsection (10)) apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

The amendment made by subsection (10) of this section applies in relation to interim authority notices that are given on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

In section 72 (determination of application for club premises certificate)—

In section 76(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.

In section 85(3)(b) (determination of application to vary club premises certificate), for “necessary” substitute “ appropriate ”.

In section 88(3) (determination of application for review of club premises certificate), for “necessary” substitute “ appropriate ”.

The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (6).

In section 105(2)(b) (counter notice following police objection), for “necessary” substitute “ appropriate ”.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 167(5)(b) (review of premises licence following closure order), for “necessary” substitute “ appropriate ”.

The amendment made by subsection (2) of this section applies in relation to temporary event notices that are given on or after the commencement of this section.

The amendments made by subsections (3) to (5) of this section apply in relation to applications relating to personal licences that are made on or after the commencement of this section.

The amendment made by subsection (6) of this section applies in relation to notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (13).

After section 99, insert—.

In the cross-heading before section 104, for “Police objections” substitute “ Objections ”.

In the title to section 104 (objection to notice), for “the police” substitute “ a relevant person ”.

In section 104 (objection to notice), for subsection (2) substitute—.

In section 104(3) (timing for objection), for “chief officer of police” substitute “ relevant person ”.

In section 104(4) (timing for objection), for “relevant chief officer of police” substitute “ relevant person ”.

Omit section 104(5) (definition of “relevant chief officer of police”).

In section 105 (counter notice following objection)—

In section 106 (modification of notice following objection)—

In section 107(11) (counter notice where permitted limits exceeded), for the words following “that notice” substitute “ to each relevant person ”.

In section 194 (index of defined expressions), after the entry for the expression “relevant offence” insert—.

In Schedule 5 (appeals)—

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a) substitute—.

After section 106 insert—.

In section 109 (duty to keep and produce temporary event notice)—

In section 110 (theft, loss, etc. of temporary event notice)—

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) to (12).

In section 98(2) (meaning of “permitted temporary activity”), for “sections 102 (acknowledgement of notice) and 104(1) (notification of police)” substitute “ section 102 (acknowledgement of notice) ”.

In section 100 (temporary event notice)—

After section 100 insert—.

In section 102 (acknowledgement of notice), for subsection (3) substitute—.

In section 104 (objection to notice)—

After section 104 insert—.

In section 105 (counter notice following objection)—

In section 106(1) (modification of notice following objection)—

In section 107 (counter notice where permitted limits exceeded)—

In section 194 (index of defined expressions)—

In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “ standard ”.

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

In section 100 (temporary event notice)—

In section 107(5) (counter notice where permitted limits exceeded), for “15 days” substitute “ 21 days ”.

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

In section 102 of the Licensing Act 2003 (acknowledgement of notice)—

The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

In section 104(3) of the Licensing Act 2003 (objection to temporary event notice by police), for “second” substitute “ third ”.

The amendment made by this section applies in relation to temporary event notices that are given on or after the commencement of this section.

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 169A (closure notice for persistently selling alcohol to children)—

The amendment made by subsection (2) of this section applies in relation to offences that are committed on or after the commencement of that subsection.

The amendments made by subsection (3) of this section apply in relation to closure notices that are given on or after the commencement of that subsection in relation to offences committed before, on or after that commencement.

The Licensing Act 2003 is amended as set out in subsections (2) and (3).

In section 7 (exercise and delegation of functions), in subsection (2), after paragraph (a) (but before the final “or”) insert—.

For sections 172A to 172E (early morning alcohol restriction order), as inserted by section 55 of the Crime and Security Act 2010, substitute—.

Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply of alcohol) is repealed.

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

In section 26(2) (period of validity of premises licence), after “section 52” insert “ or 55A ”.

After section 55 (annual fee for premises licence) insert—.

In section 80(2) (period of validity of club premises certificate), after “section 88” insert “ or 92A ”.

After section 92 (annual fee for club premises certificate) insert—.

The amendments made by this section apply in relation to premises licences and club premises certificates in relation to which annual fees become due on or after the commencement of this section.

The Licensing Act 2003 is amended as follows.

After section 197 insert—.

In section 10(4) (sub-delegation of functions by licensing committee etc)—

Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).

In subsection (1)—

Omit subsection (2).

In subsection (3), for “three” substitute “ five ”.

In subsection (4)—

After subsection (6) insert—

After subsection (7) insert—

Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—

Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as set out in subsections (2) to (4).

In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) insert—.

The second paragraph 22 is renumbered as paragraph 22A.

After paragraph 23 insert—.

The amendments made by this section apply on and after the commencement of this section in relation to—

As soon as reasonably practicable after the end of the review period, the Secretary of State must—