Legalize / United Kingdom / Public General Act

Police Reform and Social Responsibility Act 2011

Type Public General Act

Publication 2011-09-15

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Police reform

CHAPTER 1 — Police areas outside London

Police and crime commissioners

1

(1) 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).

(2) A police and crime commissioner is a corporation sole.

(3) 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.

(3A) 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.

(3B) 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.

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

(5) A police and crime commissioner has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(6) The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and

(b) secure that the police force is efficient and effective.

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

(a) the functions of the chief constable, and

(b) the functions of persons under the direction and control of the chief constable.

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

(a) the exercise of the duty under section 8(2) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty under section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

(ca) the exercise of the chief constable’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(d) the effectiveness and efficiency of the chief constable's arrangements for co-operating with other persons in the exercise of the chief constable's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the chief constable's arrangements under section 34 (engagement with local people);

(f) the extent to which the chief constable has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity that are imposed on the chief constable by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the chief constable by sections 10 and 11 of the Children Act 2004.

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

(9A) Subsection (1) does not apply to an area in relation to which an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009 has effect (order providing for mayor for an area of a combined authority to exercise functions of a police and crime commissioner for the area).

(10) Schedule 1 (police and crime commissioners) has effect.

Chief constables

2

(1) Each police force is to have a chief constable.

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

(a) section 38, and

(b) the terms and conditions of the appointment.

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

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

(5) 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.

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

(7) Schedule 2 (chief constables) has effect.

(8) 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).

CHAPTER 2 — Metropolitan police district

Mayor’s Office for Policing and Crime

3

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

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

(3) 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.

(4) 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—

(a) begins at the same time as the relevant mayoral term, and

(b) ends at the same time as the relevant mayoral term.

(5) The Mayor's Office for Policing and Crime has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(6) The Mayor's Office for Policing and Crime must—

(a) secure the maintenance of the metropolitan police force, and

(b) secure that the metropolitan police force is efficient and effective.

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

(a) the functions of the Commissioner, and

(b) the functions of persons under the direction and control of the Commissioner.

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

(a) the exercise of the duty imposed by section 8(4) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty imposed by section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

(ca) the exercise of the Commissioner’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(d) the effectiveness and efficiency of the Commissioner's arrangements for co-operating with other persons in the exercise of the Commissioner's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the Commissioner's arrangements under section 34 (engagement with local people);

(f) the extent to which the Commissioner has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity imposed on the Commissioner by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004.

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

(c) the Mayor's Office for Policing and Crime; or

(10) 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.

(11) 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.

(12) The Metropolitan Police Authority is abolished.

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

Commissioner of Police of the Metropolis

4

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

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

(a) sections 42 and 48, and

(b) the terms and conditions of the appointment.

(3) 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.

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

(5) 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.

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

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

CHAPTER 3 — Functions of elected local policing bodies etc

Community safety and crime prevention

Police and crime commissioners to issue police and crime plans

5

(1) 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.

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

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

(4) A police and crime commissioner may vary a police and crime plan.

(5) 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.

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

(a) which corresponds to the area of a fire and rescue authority created by an order under section 4A, or

(b) within which the area of such a fire and rescue authority falls.

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

(a) the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and

(b) the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(5C) 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.

(5D) 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.

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

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

(a) prepare a draft of the plan or variation,

(b) consult the relevant chief constable in preparing the draft plan or variation,

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 28(3)),

(e) give the panel a response to any such report or recommendations, and

(f) publish any such response.

(7) 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).

(8) 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).

(9) A police and crime commissioner must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of—

(i) any report or recommendations made to the commissioner by the relevant police and crime panel under section 28(4), and

(ii) any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

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

(a) send a copy of the issued plan, or the variation, to the relevant chief constable 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 relevant police area, and

(b) publish a copy of the issued plan, or the variation.

(11) 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.

(12) It is for the commissioner to determine the manner in which—

(a) a response to a report or recommendations is to be published in accordance with subsection (6)(f), and

(b) a copy of the plan or variation is to be published in accordance with subsection (10) (b).

(13) 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.

Mayor’s Office for Policing and Crime to issue police and crime plans

6

(1) 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.

(2) 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.

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

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

(5) 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.

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

(a) prepare a draft of the plan or variation,

(b) consult the Commissioner of Police of the Metropolis in preparing the draft plan or variation,

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 33(1)),

(e) give the panel a response to any such report or recommendations, and

(f) publish any such response.

(7) 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).

(8) 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).

(9) The Mayor's Office for Policing and Crime must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) 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.

(11) Those provisions of the 1999 Act are—

(a) section 33(1)(b) and (c) (equality of opportunity);

(b) section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12) (general duties in preparing and revising strategies);

(d) section 42A (apart from subsection (2)) (consultation: supplementary provision);

(e) section 43 (publicity and availability of strategies);

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