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Police Reform and Social Responsibility Act 2011

Status:

This is the original version (as it was originally enacted).

CHAPTER 7Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities

77The strategic policing requirement

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

37AThe strategic policing requirement

(1)The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State’s view, are—

(a)national threats at the time the document is issued, and

(b)appropriate national policing capabilities to counter those national threats.

(2)A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3)Before issuing the strategic policing requirement, the Secretary of State—

(a)must obtain the advice of—

(i)such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii)such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b)must consult such other persons as the Secretary of State thinks fit.

(4)The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State’s view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5)References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a)to exercise one or more functions to counter that threat,

(b)to exercise one or more functions in one or more particular ways to counter that threat, or

(c)to exercise one or more functions in accordance with common operational standards to counter that threat.

(6)In this section—

  • “England and Wales police force” means—

    (a)

    a police force maintained under section 2,

    (b)

    the metropolitan police force, and

    (c)

    the City of London police force;

  • “national threat” means a threat (whether actual or prospective) which is—

    (a)

    a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or

    (b)

    a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat..

Duties and powers of Secretary of State

78General duty of Secretary of State

The Secretary of State must exercise the powers conferred by this Part in such manner and to such extent as appears to the Secretary of State to be best calculated to promote the efficiency and effectiveness of the police.

79Policing protocol

(1)The Secretary of State must issue a policing protocol.

(2)Each relevant person must have regard to the policing protocol in exercising the person’s functions.

(3)The Secretary of State may at any time—

(a)vary the policing protocol, or

(b)replace the policing protocol.

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

(a)such persons as appear to the Secretary of State to represent the views of elected local policing bodies,

(b)such persons as appear to the Secretary of State to represent the views of chief officers of police of police forces maintained by elected local policing bodies,

(c)such persons as appear to the Secretary of State to represent the views of police and crime panels, and

(d)such other persons as the Secretary of State thinks fit.

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

(6)In this section—

  • “police and crime panel” means—

    (a)

    each police and crime panel established in accordance with Schedule 6 (police areas outside London);

    (b)

    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—

    (a)

    encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or

    (b)

    limit or prevent the overlapping or conflicting exercise of functions;

  • “relevant persons” means—

    (a)

    the Secretary of State in the exercise of policing functions;

    (b)

    each elected local policing body;

    (c)

    the chief officer of each police force maintained by an elected local policing body;

    (d)

    police and crime panels.

80Obtaining advice from representative bodies

(1)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.

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

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

(4)In a case where—

(a)the Secretary of State makes such a request, and

(b)the representative body gives the advice (and, where applicable, does so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that function.

(5)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.

81Abolition of certain powers of Secretary of State

In the Police Act 1996, omit—

(a)section 38 (performance targets for police strategic priorities);

(b)section 39 (codes of practice for police authorities);

(c)section 43 (reports from police authorities to Secretary of State).

82Suspension and removal of senior police officers

(1)The Police Act 1996 is amended as follows.

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

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

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

(1)The Secretary of State may require the Mayor’s Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

(1A)The Secretary of State may also require the Mayor’s Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended..

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

(2)Before requiring the Mayor’s Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—.

(6)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.”.

(7)In subsection (3A)—

(a)in paragraph (a), for the words from “, Deputy” to “question” substitute “or Deputy Commissioner”;

(b)in paragraph (b), for the words from “Metropolitan” to “concerned” substitute “Mayor’s Office for Policing and Crime”.

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

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

(10)For subsection (4A) substitute—

(4A)If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor’s Office for Policing and Crime to call upon the Commissioner to retire or resign—

(a)the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State’s consent does not apply, and

(b)section 48(5) of the 2011 Act does not apply..

(11)Omit subsection (4C).

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

(2A)Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor’s Office for Policing and Crime, in exercising—

(a)powers of suspension, or

(b)powers of removal,

(whether, in the case of the Mayor’s Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

(2B)In subsection (2A)—

  • “power of removal” means—

    (a)

    the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;

    (b)

    the power conferred on the Mayor’s Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

  • “power of suspension” means—

    (a)

    the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;

    (b)

    the power conferred on the Mayor’s Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011..

Her Majesty’s inspectors of constabulary

83Functions of HMIC

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

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

(3)Omit subsection (2A).

(4)After subsection (2B) insert—

(2BA)The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

(2BB)Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require..

(5)Omit subsection (2C).

(6)In subsection (4)—

(a)for “in such form as the Secretary of State may direct” substitute “on the carrying out of inspections under this section”, and

(b)for “Secretary of State” (in the third place) substitute “chief inspector”.

(7)After subsection (4) insert—

(4A)A report under subsection (4) must include the chief inspector’s assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared..

84HMIC reports: publication

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

(2)For subsection (1) substitute—

(1)The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate..

(3)For subsection (2) substitute—

(2)But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.

(2A)The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2)..

(4)For subsection (3) substitute—

(3)The inspectors of constabulary must send a copy of the published report to—

(a)the Secretary of State,

(b)the local policing body maintaining the police force to which the report relates,

(c)the chief officer of police of that police force, and

(d)any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force..

(5)In subsection (4)—

(a)for “police authority” substitute “local policing body”, and

(b)for “authority” substitute “body”.

(6)In subsection (5)—

(a)for “police authority” substitute “local policing body”, and

(b)in paragraph (c) and in the words following that paragraph, for “authority” substitute “body”.

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

(8)Omit subsection (8).

85Inspection programmes and frameworks

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

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

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

(4)After sub-paragraph (2) insert—

(2A)The chief inspector of constabulary must—

(a)lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,

(b)arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and

(c)send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B)But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A)..

(5)In sub-paragraph (3)—

(a)before “to send” insert “under sub-paragraph (2A)(c)”, and

(b)for “that sub-paragraph” substitute “sub-paragraph (2)”.

(6)Omit sub-paragraph (4).

(7)Before sub-paragraph (5) insert—

(4A)The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.

(4B)Those matters may (in particular) include the need to secure, so far as possible, the following objectives—

(a)that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and

(b)that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.

(4C)For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework..

86Powers in connection with HMIC inspections

(1)In Schedule 4A to the Police Act 1996 (further provision about HMIC), after paragraph 6 insert—

Powers of inspectors regarding information etc

6A(1)The chief officer of police of a police force must—

(a)provide to an inspector such information and documents specified or described in a notification given by the inspector to that chief officer, and

(b)produce or deliver up to the inspector all such evidence and other things so specified or described,

as appear to the inspector to be required for the purposes of an inspection under section 54.

(2)A notification under sub-paragraph (1) requiring any information or documents to be provided may authorise or require that they be provided electronically.

(3)Anything that a chief officer is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

(a)in the notification imposing the requirement, or

(b)in any subsequent notification given by the inspector to the chief officer.

(4)Nothing in this paragraph requires a chief officer—

(a)to comply with an obligation imposed under sub-paragraph (1) before the earliest time at which it is practicable to do so, or

(b)to comply at all with any such obligation if it never becomes practicable to do so.

(5)In this paragraph—

  • “document” means anything in which information of any description is recorded, and

  • “inspector” means—

    (a)

    an inspector of constabulary, or

    (b)

    a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary.

Powers of inspectors regarding access to police premises

6B(1)Sub-paragraph (2) applies if—

(a)an inspector requires the chief officer of police of a police force to allow the inspector to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and

(b)the requirement is imposed for the purposes of an inspection under section 54.

(2)The chief officer must secure that the required access is allowed to the inspector.

(3)Where there are reasonable grounds for not allowing the inspector to have the required access at the time at which the inspector seeks to have it, the obligation under sub-paragraph (2) has effect as an obligation to secure that the required access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be any such grounds.

(4)In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A..

87HMIC and freedom of information

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—

“The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.”.

Community safety partnerships

88Crime and disorder strategies

Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and Disorder Act 1998 in relation to the formulation and implementation of crime and disorder strategies) has effect.

Policing in England and Wales

89Collaboration agreements

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

(2)After section 22 insert—

22ACollaboration agreements

(1)A collaboration agreement may be made by—

(a)two or more policing bodies; or

(b)the chief officers of police of one or more police forces and two or more policing bodies.

(2)A collaboration agreement is an agreement containing one or more of the following—

(a)provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b)provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c)provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3)A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a)the chief officer of police of each police force to which the provision relates, and

(b)the policing body that is responsible for maintaining each such police force.

(4)A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5)A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a)the policing body, or each policing body, to which the provision relates;

(b)the chief officer of police of the police force, or each police force, to which the provision relates; and

(c)the policing body that is responsible for maintaining each such police force.

(6)Subsection (1) does not prevent other persons from being parties to collaboration agreements.

(7)Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8)For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by members of that police force, or

(b)to the police area for which that police force is established.

(9)For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a)to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b)to the police area for which that policing body is established.

22BDuty of chief officers to keep collaboration agreements under review

(1)The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a)that police force, and

(b)one or more other police forces.

(2)If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the chief officer, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

22CDuty of policing bodies to keep collaboration agreements under review

(1)A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a)the efficiency or effectiveness of—

(i)that policing body,

(ii)the police force which that policing body is responsible for maintaining, or

(iii)that body and that force, and

(b)the efficiency or effectiveness of one or more other policing bodies and police forces.

(2)If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3)The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4)In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5)Subsection (6) applies if all, or two or more, of—

(a)the policing body, and

(b)the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6)The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7)In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section)..

(3)After section 23F insert—

23FA Police functions that must be the subject of force collaboration provision

(1)The Secretary of State may, by order, require a specified police function to be exercised in relation to—

(a)all police areas, or

(b)all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2)An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—

(a)a single collaboration agreement which relates to all of those police areas, or

(b)a number of collaboration agreements which, between them, relate to all of those police areas.

(3)Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.

(4)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6)In this section “specified” means specified in an order under this section..

(4)Schedule 12 (collaboration agreements) has effect.

90Police powers for civilian employees under collaboration agreements

Schedule 13 (police powers for civilian employees under collaboration agreements) has effect.

91Power to give directions

(1)The Police Act 1996 is amended as follows.

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

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

(a)for “police authority” (in each place, including in the title) substitute “local policing body”;

(b)for “the authority” substitute “the local policing body”.

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

(a)for subsection (2)(a) substitute—

(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor’s Office for Policing and Crime;

(ab)the Common Council;;

(b)in subsection (5), for “police authority” substitute “local policing body”.

92Provision of information by chief officers of police

In the Police Act 1996, for section 44 (reports from chief constables) and section 45 (criminal statistics) substitute—

44Provision of information by chief officers of police

(1)The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

(a)the policing of the police area for which that police force is maintained, or

(b)the discharge of the national or international functions of that police force.

(2)A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

(a)the policing of that police area, or

(b)the discharge of the national or international functions of the police force for that area.

(3)A requirement under subsection (1) may specify the form in which information is to be provided.

(4)The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

(5)The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament..

93Regulations about provision of equipment

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

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

(3)After subsection (1A) insert—

(1AA)The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

(1AB)The regulations may, in particular—

(a)make provision about the nature or terms of such arrangements, or

(b)prescribe arrangements which may be, or must be, used.

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

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

(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa)the Mayor’s Office for Policing and Crime;

(ab)the Common Council;.

94National and international functions

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

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

(3)For subsection (1) substitute—

(1)The Secretary of State and the Mayor’s Office for Policing and Crime may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

(1A)The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions.

(1B)The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions..

(4)In subsection (2)—

(a)for “the metropolitan police force” substitute “a police force”;

(b)for “Metropolitan Police Authority” substitute “local policing body”.

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

(6)Omit subsection (4).

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

Police: complaints

95Police: complaints

Schedule 14 (police: complaints) has effect.

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