An Act to make provision about the police; to make provision about prostitution, sex offenders, sex establishments and certain other premises; to make provision for reducing and dealing with the abuse of alcohol; to make provision about the proceeds of crime; to make provision about extradition; to amend the Aviation Security Act 1982; to make provision about criminal records and to amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or facilitate search, forfeiture and other powers relating to the United Kingdom’s borders or elsewhere; to make further provision for combatting crime and disorder; to repeal redundant provisions; and for connected purposes.
[12th November 2009]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Duty of police authorities in relation to public accountability
(1)
In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—
“(aa)
the views of people in the authority’s area about policing in that area,”.
(2)
In section 54(2A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “the requirement to have regard to the views of people in its area about policing in that area and its compliance with”.
Appointment of senior officers
2-
Police Senior Appointments Panel
(1)
In the Police Act 1996 (c. 16) after section 53A insert—
“Police Senior Appointments Panel
53B
Police Senior Appointments Panel
(1)
There shall be a Police Senior Appointments Panel constituted in accordance with arrangements made by the Secretary of State.
(2)
The arrangements shall provide for the panel to consist of—
(a)
a chair and other members appointed by the Secretary of State, and
(b)
representative members.
(3)
The representative members shall consist of—
(a)
persons nominated by the Secretary of State,
(b)
persons nominated by the Association of Police Authorities, and
(c)
persons nominated by the Association of Chief Police Officers.
(4)
A person may be nominated as a representative member for a particular meeting, for a particular period or otherwise.
(5)
Arrangements under subsection (1) may, in particular, include provision about—
(a)
the panel’s proceedings;
(b)
annual or other reports.
(6)
Before making (or revising) arrangements under subsection (1) the Secretary of State shall consult—
(a)
the Association of Police Authorities, and
(b)
the Association of Chief Police Officers.
(7)
The Secretary of State may make staff available to the panel; and arrangements under subsection (1) may include provision about staff.
(8)
The Secretary of State may—
(a)
pay fees to the chair and members of the panel appointed by the Secretary of State;
(b)
defray expenses incurred by the panel.
53C
Functions
(1)
The Police Senior Appointments Panel shall advise the Secretary of State on any matter about which it is consulted by the Secretary of State in connection with—
(a)
the appointment of a senior officer, or
(b)
the giving of consent under section 12A(4) or under section 25 of the City of London Police Act 1839.
(2)
The panel shall advise the Secretary of State and police authorities about—
(a)
ways to increase the pool of potential candidates for appointment as a senior officer, and
(b)
the training and development needs of potential candidates for such appointment.
(3)
The Secretary of State may refer any report made by Her Majesty’s Inspectors of Constabulary to the panel.
(4)
Following such a referral the panel shall consider the report and advise the Secretary of State and police authorities on any matters which it thinks appropriate in connection with—
(a)
the training and development needs of senior officers;
(b)
other matters relating to senior officers.
(5)
In discharging its functions under subsections (2) and (4) the panel may give advice to police authorities in general or to any one or more police authorities.
(6)
In this section “senior officer” means—
(a)
a member of a police force holding a rank above that of chief superintendent;
(b)
the Commissioner of Police for the City of London.
53D
Power to confer additional functions
(1)
The Secretary of State may by order confer additional functions on the Police Senior Appointments Panel.
(2)
An order under subsection (1) may, in particular, confer advisory or other functions on the panel in connection with the appointment of senior officers (within the meaning of section 53C(6)).
(3)
An order under this section may make transitional, consequential, incidental and supplemental provision or savings.
(4)
Before making an order under this section the Secretary of State shall consult the panel.
(5)
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(2)
In section 54 (appointment and functions of inspectors of constabulary) omit subsection (3A) (delegation of Secretary of State’s functions relating to approval of appointments, etc).
(3)
In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject to general statutory duty) insert at the appropriate place—
“The Police Senior Appointments Panel.”
(4)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities) insert at the appropriate place—
“The Police Senior Appointments Panel”.
3-
Regulations about senior officers
In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after subsection (6) insert—
“(6A)
Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—
(a)
steps to be taken in connection with the appointment of senior officers;
(b)
payments to senior officers who cease to hold office before the end of a fixed term appointment.
(6B)
In subsection (6A) “senior officer” means—
(a)
a member of a police force holding a rank above that of chief superintendent;
(b)
the Commissioner of Police for the City of London.”
4-
Metropolitan police force appointments
(1)
The Police Act 1996 is amended as follows.
(2)
In section 9F (Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—
"(2)
Any appointment of an Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.
(2A)
Before appointing an Assistant Commissioner the Metropolitan Police Authority shall—
(a)
consult the Commissioner of Police of the Metropolis, and
(b)
obtain the approval of the Secretary of State.”
(3)
In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—
"(2)
Any appointment of a Deputy Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.
(2A)
Before appointing a Deputy Assistant Commissioner the Metropolitan Police Authority shall—
(a)
consult the Commissioner of Police of the Metropolis, and
(b)
obtain the approval of the Secretary of State.”
(4)
The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
"(2)
Any appointment of a Commander in the metropolitan police force shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.
(2A)
Before appointing a Commander in the metropolitan police force the Metropolitan Police Authority shall—
(a)
consult the Commissioner of Police of the Metropolis, and
(b)
obtain the approval of the Secretary of State.”
Police co-operation
5-
Police collaboration
For section 23 of the Police Act 1996 substitute—
“23
Police force collaboration agreements
(1)
The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.
(2)
An agreement may, in particular, provide—
(a)
for the joint discharge of functions by members of police forces;
(b)
for members of a police force to discharge functions in another force’s area;
(c)
for members of a police force to be provided to another force.
(3)
An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.
(4)
An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.
(5)
A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.
(6)
A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer’s force.
(7)
In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.
(8)
An agreement under this section is referred to in this Part as a police force collaboration agreement.
23A
Police authority collaboration agreements
(1)
Two or more police authorities may make an agreement about the provision of support—
(a)
for any of those police authorities;
(b)
for any of the police forces maintained by them.
(2)
An agreement may, in particular, provide—
(a)
for support to be provided jointly by two or more authorities;
(b)
for support to be provided for two or more authorities or forces jointly;
(c)
for an authority to provide support to another authority or to a force maintained by another authority.
(3)
In this section references to the provision of support include, in particular, the provision of—
(a)
premises;
(b)
equipment;
(c)
staff;
(d)
services;
(e)
facilities.
(4)
A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer.
(5)
A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.
(6)
Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.
(7)
An agreement under this section is referred to in this Part as a police authority collaboration agreement.
23B
Collaboration agreements: payments
(1)
A collaboration agreement may provide for payments between relevant police authorities.
(2)
Provision under subsection (1) may, in particular—
(a)
specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined;
(b)
specify the amount of any payment or the manner in which it is to be determined.
(3)
A relevant police authority must make any payments required by provision made under subsection (1).
(4)
“Relevant police authority”—
(a)
in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and
(b)
in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement.
(5)
In this Part “collaboration agreement” means—
(a)
a police force collaboration agreement, or
(b)
a police authority collaboration agreement.
23C
Collaboration agreements: consultation and supplemental
(1)
A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties.
(2)
A collaboration agreement must be in writing.
(3)
A collaboration agreement may make different provision for different cases or circumstances.
(4)
A collaboration agreement may be varied by a subsequent collaboration agreement.
(5)
A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.
23D
Collaboration agreements: accountability
(1)
Where a chief officer makes a police force collaboration agreement, the police authority responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—
(a)
is acting under the terms of the agreement, and
(b)
while so acting, is under the direction and control of the chief officer.
(2)
Before approving an agreement as mentioned in section 23(6), a police authority must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.
(3)
When deciding what arrangements to make, the police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement.
(4)
The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account.
23E
Collaboration agreements: publication
(1)
A person who makes a collaboration agreement must—
(a)
publish the agreement, or
(b)
publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.
(2)
In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1).
