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Police Reform and Social Responsibility Act 2011

Metropolitan Police District

Section 3: Mayor’s Office for Policing and Crime

45.Section 3 creates a new body, the Mayor’s Office for Policing and Crime.

46.Subsection (2) provides that the Mayor’s Office for Policing and Crime is a corporation sole, with a separate legal status to the person occupying the office.

47.Subsections (3) and (4) provide that the Mayor of London for the time being is to be the occupant of the Mayor’s Office for Policing and Crime, the two offices being coterminous as regards their duration.

48.Subsections (5) to (7) set out the core functions of the Mayor’s Office for Policing and Crime, which are to secure the maintenance of an efficient and effective metropolitan police force, and to hold the Commissioner of Police of the Metropolis to account for the exercise of his functions. These are the functions previously carried out by the Metropolitan Police Authority.

49.Subsection (8) sets out a number of functions in respect of which, in particular, the Mayor’s Office for Policing and Crime must hold the chief constable to account.

50.Subsection (9) amends the Greater London Authority Act 1999 with the effect that the Mayor’s Office for Policing and Crime is a functional body of the Greater London Authority.

51.Subsections (10) and (11) ensure that a person acting as Mayor of London in the event of a vacancy in the office or the incapacity of the Mayor occupies the Mayor’s Office for Policing and Crime.

52.Subsection (12) abolishes the Metropolitan Police Authority as it is replaced by the Mayor’s Office for Policing and Crime.

53.Subsection (13) introduces Schedule 3.

Schedule 3: Mayor’s Office for Policing and Crime

54.Schedule 3 deals with a number of ancillary matters in relation to the Mayor’s Office for Policing and Crime such as remuneration, staff and powers. To a large degree these are consistent with the provision for police and crime commissioners in Schedule 1.

55.Paragraph 1 provides for the Mayor to receive allowances, to be determined by the Secretary of State, in respect of his occupation of the Mayor’s Office for Policing and Crime (there is already provision in the Greater London Authority Act 1999 for the Mayor, in his capacity as such, to receive a salary, allowances and pension from the Greater London Authority).

56.Paragraphs 2 and 3 require the Mayor’s Office for Policing and Crime to appoint a person to be its head of staff (referred to in the Act as the chief executive), and allow it to appoint any other necessary staff. Paragraph 2 makes reference to the fact that the Greater London Authority Act 1999 requires each functional body of the Greater London Authority to appoint an officer responsible for the administration of the body’s financial affairs (known in that Act as the chief finance officer). It is accordingly not necessary for the Act to make provision for the Mayor’s Office for Policing and Crime to appoint such an officer. The staff of the Mayor’s Office for Policing and Crime are employees of that body, and not employees of the Mayor or the Greater London Authority.

57.Paragraph 4 applies to any person appointed under section 19 as the Deputy Mayor for Policing and Crime. The paragraph lists persons disqualified from being appointed as the Deputy Mayor for Policing and Crime.

58.Paragraph 5 requires the Mayor’s Office for Policing and Crime to notify the London Assembly of any appointments of staff that it makes (this is similar to the requirement imposed on the Mayor, in his capacity as such, by the Greater London Authority Act 1999).

59.Paragraph 6 allows the Mayor’s Office for Policing and Crime to pay its staff.

60.Paragraph 7 provides the Mayor’s Office for Policing and Crime with a general power to do anything intended to allow it to discharge its functions or assist it in doing so.

61.Paragraph 8 protects the Mayor’s Office for Policing and Crime and any member of its staff from personal liability for acts done in the course of their duties and in good faith.

Section 4: Commissioner of Police of the Metropolis

62.Section 4 provides for the incorporation of the office of Commissioner of Police of the Metropolis as a corporation sole. The reason why the existing post of Commissioner is to be incorporated in this way is the same as for the post of chief constable of a police force outside London (see commentary on section 2 above).

63.Subsection (3) provides for the Commissioner of Police of the Metropolis to have direction and control over the members of the metropolitan police force and the civilian staff of the force. This reflects the position under previous legislation.

64.Subsection (6) makes subsection (3) subject to any provision in a collaboration agreement which may place members of the metropolitan police force or civilian staff under the direction and control of the chief constable of another force.

65.Subsection (7) introduces Schedule 4.

Schedule 4: Commissioner of Police of the Metropolis

66.Schedule 4 makes similar provision in relation to the staff etc of the Commissioner as Schedule 2 makes for chief constables of police forces outside London.

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