Legalize / United Kingdom / Public General Act

Police Reform and Social Responsibility Act 2011

Type Public General Act

Publication 2011-09-15

Last updated 2025-07-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In section 124 (exemption of police instructors from prohibition imposed by section 123), in subsection (2), in paragraph (b) of the definition of “police instructor”, for “a police authority” substitute “ a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London), the Common Council of the City of London in its capacity as police authority, or a police authority ”.

197

(1) Section 144 (exceptions from requirement of third-party insurance or security) is amended in accordance with this paragraph.

(2) In subsection (2)(a), omit “(other than a police authority)”.

(3) In subsection (2)(b)—

(a) after “owned by” insert “ a local policing body or ”;

(b) after “constable,” insert “ by a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), by a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act), by a person employed by the Common Council of the City of London in its capacity as a police authority, ”.

Road Traffic Offenders Act 1988

198

(1) In the Road Traffic Offenders Act 1988, section 79 (statements by constables) is amended as follows.

(2) In subsection (2), for “by the police authority” substitute “ as a civilian police employee ”.

(3) After subsection (5), insert—

(5A) For the purposes of subsection (2), a person is employed as a civilian police employee for a police area if— (a) in the case of a police area listed in Schedule 1 to the Police Act 1996, the person is a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) maintained for that area; (b) in the case of the metropolitan police district, the person is a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act); (c) in the case of the City of London, the person is employed by the Common Council of the City of London in its capacity as police authority.

Local Government and Housing Act 1989

199

The Local Government and Housing Act 1989 is amended as follows.

200

In section 1 (disqualification and political restriction of certain officers and staff), after subsection (8) insert—

(9) In this section a reference to a person holding a politically restricted post under a local authority includes a reference to every member of the staff of an elected local policing body, except for a deputy police and crime commissioner.

201

(1) Section 4 (designation and reports of head of paid service) is amended in accordance with this paragraph.

(2) After subsection (1) insert—

(1A) In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

(3) In subsection (4), for “sent to” substitute

sent— (a) in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and (b) in any other case, to

(4) In subsection (5), after “relevant authority” insert “ (other than an elected local policing body) ”.

(5) After subsection (5) insert—

(5A) It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.

(6) In subsection (6)(a), after “below” insert “ and an elected local policing body ”.

202

(1) Section 5 (designation and reports of monitoring officer) is amended in accordance with this paragraph.

(2) In subsection (1), in the words after paragraph (b), omit the words from “(or,” to “authority” (in the last place).

(3) After subsection (1B) insert—

(1C) In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the monitoring officer (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

(4) In subsection (3)(b), for “sent to” substitute

sent— (a) in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and (b) in any other case, to

(5) In subsection (5)(a), for “deputy at” substitute

deputy— (i) in the case of an elected local policing body, no later than three months after the body is sent a copy of the report; and (ii) in any other case, at

(6) In subsection (8)—

(a) in the definition of “chief finance officer”, after “1999” insert “ , Schedule 1 to the Police Reform and Social Responsibility Act 2011 ”;

(b) in paragraph (a) of the definition of “relevant authority”, after “below” insert “ and an elected local policing body ”.

203

In section 7 (all staff to be appointed on merit), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) after paragraph (a) insert—

(aa) an elected local policing body, or

204

(1) Section 21 (interpretation of Part 1) is amended in accordance with this paragraph.

(2) In subsection (1), omit paragraph (g).

205

In section 67 (application of, and orders under, Part 5), in subsection (3), omit paragraph (i).

206

(1) Section 155 (emergency financial assistance to local authorities) is amended as follows.

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

(3) In subsection (4), for paragraph (ea) substitute—

(ea) a police and crime commissioner;

Aviation and Maritime Security Act 1990

207

In the Aviation and Maritime Security Act 1990, in section 22(4)(b)(i) (power to require harbour authorities to promote searches in harbour areas), for “in England, Scotland or Wales by a police authority” substitute “ in England or Wales by a local policing body, in Scotland by a police authority, or in England, Wales or Scotland by ”.

Town and Country Planning Act 1990

208

The Town and Country Planning Act 1990 is amended as follows.

209

In section 252 (procedure for making orders), in subsection (12), in the definition of “local authority”, for the words from “police authority” to “Metropolitan Police Authority” substitute “ police and crime commissioner, the Mayor's Office for Policing and Crime, ”.

210

In section 336 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (a), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

War Crimes Act 1991

211

In the War Crimes Act 1991, in section 2 (expenses), in paragraph (a), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Local Government Finance Act 1992

212

In the Local Government Finance Act 1992, in section 19 (exclusion of Crown exemption in certain cases), for subsection (3)(c) substitute—

(c) a police and crime commissioner;

Welsh Language Act 1993

213

In the Welsh Language Act 1993, in section 6 (meaning of “public body”), for paragraph (d) substitute—

(d) a police and crime commissioner;

Deregulation and Contracting Out Act 1994

214

The Deregulation and Contracting Out Act 1994 is amended as follows.

215

In section 79A (meaning of “local authority” in England), omit paragraph (o).

216

In section 79B (meaning of “local authority” in Wales), omit paragraph (g).

Value Added Tax Act 1994

217

In section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases), in subsection (3)(f), at the beginning insert “ a police and crime commissioner, the Mayor's Office for Policing and Crime and ”.

Criminal Appeal Act 1995

218

In the Criminal Appeal Act 1995, in section 22 (meaning of public body etc), in subsection (2)(a) and (b)(iii), for “police authority” substitute “ local policing body ”.

Employment Rights Act 1996

219

In the Employment Rights Act 1996, in section 50 (right to time off for public duties), omit subsection (2)(c).

Housing Grants, Construction and Regeneration Act 1996

220

In the Housing Grants, Construction and Regeneration Act 1996, in section 3 (ineligible applicants) for subsection (2)(g) substitute—

(g) a police and crime commissioner;

Police Act 1997

221

The Police Act 1997 is amended as follows.

222

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223

In section 119 (sources of information), in subsections (3) and (7), after “appropriate” insert “ local policing body or ”.

224

In section 126 (interpretation of Part 5), in the definition of “police authority” in subsection (1), for “Great Britain” substitute “ Scotland ”.

Police (Health and Safety) Act 1997

225

In the Police (Health and Safety) Act 1997, in section 5 (payment of damages, compensation and fines out of certain funds), in subsection (3), in paragraph (a) of the definition of “the relevant authority”, for “police authority” substitute “ local policing body ”.

Audit Commission Act 1998

226

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227

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228

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229

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230

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Crime and Disorder Act 1998

231

The Crime and Disorder Act 1998 is amended as follows.

232

In section 1A (power of Secretary of State to add relevant bodies), in subsection (1), for “ police authority ” substitute “local policing body”.

233

In section 17 (duty to consider crime and disorder implications), in subsection (2), for “a police authority” substitute “ a local policing body ”.

234

(1) In section 18 (interpretation of Chapter 1 of Part 1), subsection (1) is amended as follows.

(2) After the definition of “local child curfew scheme” insert—

“local policing body” has the meaning given by section 101(1) of the Police Act 1996;

(3) Omit the definition of “police authority”.

235

In section 38 (local provision of youth justice services), in subsection (2)(a), for “police authority” substitute “ local policing body ”.

236

In section 41 (the Youth Justice Board), in subsection (10), for “police authority” substitute “ local policing body ”.

237

In section 42 (supplementary provisions), in subsection (1), omit the definition of “police authority”.

238

In section 115 (disclosure of information), in subsection (2)(c), for “police authority” substitute “ local policing body ”.

Police (Northern Ireland) Act 1998

239

In the Police (Northern Ireland) Act 1998, in Schedule 3 (the Police Ombudsman for Northern Ireland), in paragraph 8 (assistance by members of a police force in Great Britain), in sub-paragraph (2), after “to the” insert “ local policing body ”.

Regional Development Agencies Act 1998

240

In the Regional Development Agencies Act 1998, in section 7A (the London Development Agency Strategy), in subsection (5)(b) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Local Government Act 1999

241

The Local Government Act 1999 is amended as follows.

242

(1) Section 1 (best value authorities) is amended in accordance with this paragraph.

(2) In subsection (1), for paragraph (d) substitute—

(d) the Common Council of the City of London in its capacity as a police authority;

(3) Omit subsection (4).

243

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244

In section 10 (inspections), omit subsection (5).

245

Omit section 10A (inspections: Auditor General for Wales).

246

In section 23 (accounts), in subsection (4), omit paragraph (za).

247

In section 29 (modifications for Wales), in subsection (1), omit the words from “except” to the end.

Criminal Justice and Court Services Act 2000

248

In the Criminal Justice and Court Services Act 2000, in section 71 (access to driver licensing records), in subsection (4), for paragraph (a) of the definition of “constables” substitute—

(a) persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London), (aa) persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force),

Freedom of Information Act 2000

249

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 5, for paragraphs 57 and 58 substitute—

(57) A police and crime commissioner. (58) The Mayor's Office for Policing and Crime.

Learning and Skills Act 2000

250

The Learning and Skills Act 2000 is amended as follows.

251

In section 125 (consultation and co-ordination), for subsection (1)(c) substitute—

(c) a police and crime commissioner,

252

In section 129 (supplementary), in subsection (1), omit the definition of “police authority”.

Local Government Act 2000

253

The Local Government Act 2000 is amended as follows.

254

In section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities), in subsection (8), in the definition of “relevant partner authority”, for paragraph (a) substitute—

(a) a local policing body, or

255

In section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities), in subsection (4), for paragraph (a)(ii)(a) substitute—

(a) a local policing body, or

256

In section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities), in subsection (6), in the definition of “associated authority”, for paragraph (b)(i) substitute—

(i) a local policing body, or

257

(1) Section 49 (principles governing conduct of members of relevant authorities) is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) Omit subsection (4).

(5) In subsection (6), omit paragraphs (h) and (m).

258

(1) Section 50 (model codes of conduct) is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “other than police authorities”.

259

(1) Section 51 (duty of relevant authorities to adopt codes of conduct) is amended in accordance with this paragraph.

(2) In subsection (4A), omit “or police authority in Wales”.

(3) In subsection (4C), omit “other than a police authority”.

(4) In subsection (6)(c)(i), omit “or a police authority in Wales”.

260

(1) Section 53 (standards committees) is amended in accordance with this paragraph.

(2) In subsections (3) and (4), omit “or a police authority in Wales”.

(3) In subsections (6)(a) and (7)(a), omit “and police authorities in Wales”.

(4) In subsection (8), omit “or a police authority in Wales”.

(5) In subsection (9), omit “and a police authority in Wales”.

(6) In subsection (10), omit “or a police authority in Wales”.

(7) In subsection (11)—

(a) in paragraph (a), omit “other than police authorities”;

(b) in paragraph (k), omit “(other than police authorities)”.

261

(1) Section 54 (functions of standards committees) is amended in accordance with this paragraph.

(2) In subsection (4), omit “and police authorities in Wales”.

(3) In subsection (5), omit “(other than police authorities)”.

(4) In subsection (6), omit “and police authorities in Wales”.

(5) In subsection (7), omit “(other than police authorities)”.

262

(1) Section 54A (sub-committees of standards committees) is amended in accordance with this paragraph.

(2) In subsection (4), omit “or of a police authority in Wales”.

(3) In subsection (5), omit “other than a police authority”.

263

In section 57 (Standards Board for England), in subsection (5)(b) and (c), omit “and police authorities in Wales”.

264

In section 68 (Public Services Ombudsman for Wales), in subsection (2)(a) and (b), omit “(other than police authorities)”.

265

In section 73 (matters referred to monitoring officers), omit subsection (6).

266

(1) Section 81 (disclosure and registration of members' interests etc) is amended in accordance with this paragraph.

(2) In subsection (7)(b), omit “or a police authority in Wales”.

(3) In subsection (8), omit “(other than police authorities)”.

267

(1) Section 82 (code of conduct for local government employees) is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

268

In section 83 (interpretation of Part 3), in subsection (1), omit the definition of “police authority”.

269

(1) Section 101 (indemnification of members and officers of relevant authorities) is amended in accordance with this paragraph.

(2) In subsection (1), omit “and police authorities in Wales”.

(3) In subsection (2), omit “(other than police authorities)”.

(4) In subsection (5), for “ “police authority” and “relevant authority” have” substitute “ “relevant authority” has”.

Criminal Justice and Police Act 2001

270

The Criminal Justice and Police Act 2001 is amended as follows.

271

In section 97 (regulations for police forces)—

(a) in subsection (3)(a), for “police authorities” substitute “ local policing bodies ”;

(b) for subsection (4)(c), substitute—

(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners; (ca) the Mayor's Office for Policing and Crime; (cb) the Common Council of the City of London; and

272

In section 98 (directions after inspection identifies training needs), in subsections (1) and (2) for “police authority” substitute “ local policing body ”.

Private Security Industry Act 2001

273

(1) In the Private Security Industry Act 2001, Schedule 2 (activities liable to control under the Act) is amended as follows.

(2) In paragraph 2 (manned guarding), in sub-paragraph (7)—

(a) in sub-paragraph (f)—

(i) for “person employed by a police authority” substitute “ relevant employee ”;

(ii) for “police authority employees” substitute “ civilian staff ”;

(b) in sub-paragraph (i), for “police authority employees” substitute “ civilian staff ”.

(3) In paragraph 3 (immobilisation of vehicles), in sub-paragraph (3A)(c), for “police authority employees” substitute “ civilian staff ”.

(4) In paragraph 3A (restriction and removal of vehicles), in sub-paragraph (6)—

(a) in sub-paragraph (c), for “police authority” substitute “ local policing body ”;

(b) in sub-paragraph (e), for “police authority employees” substitute “ civilian staff ”.

Vehicles (Crime) Act 2001

274

The Vehicles (Crime) Act 2001 is amended as follows.

275

In section 18 (register of registration plate suppliers), in subsection (9), for paragraph (a) substitute—

(a) members of the civilian staff of a police force, including the metropolitan police force, (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), (aa) persons employed by the Common Council of the City of London who are under the direction and control of the Commissioner of Police for the City of London,

276

In section 38 (unified power for Secretary of State to fund speed cameras etc), in subsection (5)(b), for the words from “any police authority” to “Metropolitan Police Authority” substitute “ any police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Police Reform Act 2002

277

The Police Reform Act 2002 is amended as follows.

278

(1) Section 10 (general functions of the Commission) is amended in accordance with this paragraph.

(2) In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute “ local policing bodies ”.

(3) In subsection (3)(d), for “police authority” substitute “ local policing body ”.

279

In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a), (9) and (10)(b), for “police authority” substitute “ local policing body ”.

280

In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (7)—

(a) after paragraph (a) insert—

(aa) he is a civilian employee of a police force;

;

(b) in paragraph (b), for “a police authority” substitute “ the Common Council of the City of London ”.

281

(1) Section 15 (general duties of police authorities, chief constables and inspectors) is amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “ local policing bodies ”.

(3) In subsections (1)(a) and (3)(a), for “police authority” substitute “ local policing body ”.

(4) In subsection (3)(c), for “police authority” substitute “ local policing body ”.

(5) In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute “ local policing body ”.

282

(1) Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.

(2) In subsection (3)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

(3) In subsection (4)—

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

(b) in paragraph (a), for “that authority” substitute “ that body ”;

(4) In subsection (5), for “police authority” substitute “ local policing body ”.

(5) In subsection (6), for “police authorities” (in each place) substitute “ local policing bodies ”.

283

(1) Section 16A (police investigations: National Police Improvement Agency involvement) is amended in accordance with this paragraph.

(2) In subsection (1), for “police authority” substitute “ local policing body ”.

(3) In subsection (7)—

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

(b) in paragraph (b)(i), for “police authorities” substitute “ local policing bodies ”.

284

In section 17 (provision of information to the Commission)—

(a) in subsection (1)(a), for “police authority” substitute “ local policing body ”;

(b) in subsection (2)—

(i) for “police authority” substitute “ local policing body ”;

(ii) in paragraph (a), for “that authority” substitute “ that body ”;

(i) for “police authority” substitute “ local policing body ”;

(ii) in paragraphs (a) and (b), for “that authority” substitute “ that body ”;

(d) in subsection (6), for “police authority” substitute “ local policing body ”.

285

In section 18 (inspections of police premises on behalf of Commission)—

(a) in subsection (1)—

(i) for “the authority” substitute “ the body ”;

(ii) in paragraph (a), for “police authority” substitute “ local policing body ”;

(b) in subsection (3), for “the authority” substitute “ the body ”;

286

In section 20 (duty to keep the complainant informed), in subsection (8), for “police authority” substitute “ local policing body ”.

287

(1) Section 22 (power of Commission to issue guidance) is amended as follows.

(2) In subsection (1)(a), for “police authorities” substitute “ local policing bodies ”.

(3) In subsection (3), for paragraph (a) substitute—

(a) such persons as appear to the Commission to represent the views of police and crime commissioners; (aa) the Mayor's Office for Policing and Crime; (ab) the Common Council;

288

In section 23 (regulations), in subsection (2)(n), for “police authorities” substitute “ local policing bodies ”.

289

In section 24 (consultation on regulations), for paragraph (b) substitute—

(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners; (ba) the Mayor's Office for Policing and Crime; (bb) the Common Council;

290

(1) Section 26 (forces maintained otherwise than by police authorities) is amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “ local policing bodies ”.

(3) In subsections (1)(b) and (2), for “police authority” substitute “ local policing body ”.

291

In section 29 (interpretation of Part 2), in subsection (1)—

(a) in the definition of “appropriate authority”—

(i) in paragraph (a)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

(ii) in paragraph (a)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

(iii) in paragraph (b)(i), for “a senior officer, the police authority” substitute “ the chief officer or an acting chief officer, the local policing body ”;

(iv) in paragraph (b)(ii), for “a senior officer” substitute “ the chief officer or an acting chief officer ”;

(v) after paragraph (b)(ii) insert— “ and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839; ”;

(b) in the definition of “relevant force”, for paragraph (a) substitute—

(a) if that authority is a local policing body, the police force which the body is responsible for maintaining; and

;

292

(1) Section 38 (police powers for police authority employees) is amended in accordance with this paragraph.

(2) In the title, for “police authority employees” substitute “civilian staff”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (7), for “An employee of a police authority” substitute “A relevant employee”.

(5) After subsection (9) insert—

(11) In this section “relevant employee” means— (a) in the case of— (i) a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or (ii) the police force maintained for the metropolitan police district in accordance with section 5A of that Act, a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011); (b) in the case of any other police force, a person who— (i) is employed by the police authority maintaining that force, and (ii) is under the direction and control of the chief officer making a designation under subsection (1).

293

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294

(1) Section 39 (police powers for contracted out staff) is amended in accordance with this paragraph.

(2) In subsections (1) and (2), for “police authority” substitute “ local policing body ”.

(3) In subsection (11), 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 of the City of London; and

(4) In subsection (13)(b), for “police authority” substitute “ local policing body ”.

295

(1) Section 40 (community safety accreditation schemes) is amended in accordance with this paragraph.

(2) In subsection (4)(a), for “police authority” substitute “ local policing body ”.

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

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

(4) In subsection (7)—

(a) for “police plan under section 8 of the 1996 Act” substitute “ police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 ”;

(b) omit the words from “and every draft” to “this section,” (in the second place);

296

In section 42 (supplementary provisions relating to designations and accreditations), in subsection (7)—

(a) for “police authority” (in each place) substitute “ chief officer of police or local policing body ”;

(b) for “that authority” substitute “ that chief officer or body ”.

297

In section 43 (railway safety accreditation scheme), in subsection (9), for paragraph (c) substitute—

(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners; (ca) the Mayor's Office for Policing and Crime; (cb) the Common Council of the City of London; and

298

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299

(1) Section 51 (independent custody visitors for places of detention) is amended in accordance with this paragraph.

(2) In subsection (1), for “police authority” substitute “ local policing body ”.

(3) In subsection (1A) (inserted by section 117 of the Coroners and Justice Act 2009), for “police authority” substitute “ local policing body ”.

(4) In subsection (2)—

(a) in paragraph (a), for “police authority” substitute “ local policing body ”;

(b) in paragraph (b), for “that authority” substitute “ that body ”.

(5) In subsection (3), for “police authority” substitute “ local policing body ”.

(6) In subsection (6), for “police authorities” substitute “ local policing bodies ”.

(7) In subsection (7), 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 of the City of London;

(8) In subsection (9), for “Police authorities” substitute “ local policing bodies ”.

(9) In subsection (10)—

(a) before its substitution by virtue of section 117 of the Coroners and Justice Act 2009, for “police authority” substitute “ local policing body ”;

(b) as substituted by virtue of section 117 of the Coroners and Justice Act 2009, for “police authority” substitute “ local policing body ”.

300

(1) In Schedule 3 (handling of complaints and conduct matters etc), Part 1 (handling of complaints) is amended in accordance with this paragraph.

(2) In paragraph 1—

(a) in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute “ local policing body ”;

(b) in sub-paragraph (6), for “police authority” substitute “ local policing body ”.

(3) In paragraph 2—

(a) in sub-paragraphs (2) and (5), for “police authority” substitute “ local policing body ”;

(b) in sub-paragraph (6)(a)—

(i) for “police authority” substitute “ local policing body ”;

(ii) for “the authority” substitute “ the body ”;

(d) in sub-paragraph (6), in the words after sub-paragraph (c), for “the authority” substitute “ the body ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In paragraph 4—

(a) in sub-paragraph (3)—

(i) for “police authority” (in each place) substitute “ local policing body ”;

(ii) in sub-paragraph (a), for “that authority” substitute “ that body ”;

(b) in sub-paragraph (5)(b), for “police authority” substitute “ local policing body ”;

(i) for “police authority” substitute “ local policing body ”;

(ii) in sub-paragraph (b), for “that authority” substitute “ that body ”.

(6) In paragraph 5(1), for “police authority” substitute “ local policing body ”.

301

(1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2 (handling of conduct matters) is amended in accordance with this paragraph.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

(i) in sub-paragraph (a) for “police authority” (in each place) substitute “ local policing body ”;

(ii) in sub-paragraphs (a) and (b), for “that authority” substitute “ that body ”;

(b) in sub-paragraph (2), for “the authority” substitute “ the body ”;

(3) In paragraph 11(1)(a), for “police authority” substitute “ local policing body ”.

(4) In paragraph 12—

(a) in sub-paragraph (1)—

(i) for “police authority” substitute “ local policing body ”;

(ii) for “that authority” substitute “ that body ”;

(b) in sub-paragraph (5), for “police authority” substitute “ local policing body ”;

(5) In paragraph 13—

(a) in sub-paragraph (1)—

(i) for “police authority” substitute “ local policing body ”;

(ii) for “the authority” substitute “ the body ”;

(b) in sub-paragraph (3)—

(i) for “police authority” substitute “ local policing body ”;

(ii) in sub-paragraph (b), for “police authority” substitute “ local policing body ”;

(d) in sub-paragraph (6)—

(i) for “police authority” substitute “ local policing body ”;

(ii) for “that authority” (in each place) substitute “ that body ”.

(6) In paragraph 14(1), for “police authority” substitute “ local policing body ”.

302

(1) In Schedule 3 (handling of complaints and conduct matters etc), Part 2A (handling of death and serious injury matters) is amended in accordance with this paragraph.

(2) In paragraph 14A(1), for “police authority” substitute “ local policing body ”.

(3) In paragraph 14B—

(a) in sub-paragraph (1)—

(i) for “police authority” substitute “ local policing body ”;

(ii) for “that authority” (in each place) substitute “ that body ”;

(b) in sub-paragraph (5), for “police authority” substitute “ local policing body ”;

(4) In paragraph 14D(1), for “police authority” substitute “ local policing body ”.

303

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

Proceeds of Crime Act 2002

304

The Proceeds of Crime Act 2002 is amended as follows.

305

In section 55 (sums received by designated officer), in subsection (8)—

(a) after paragraph (a) insert—

(aa) a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), (ab) a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), (ac) a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act),

;

(b) in paragraph (b), omit the words from “a person” to “or”.

306

In section 302 (compensation), in subsection (7A)(a), for sub-paragraph (i) substitute—

(i) who was a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act), or

307

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

308

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

309

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

Courts Act 2003

310

The Courts Act 2003 is amended as follows.

311

In section 8 (local justice areas), in subsection (7), for paragraph (c) substitute—

(c) a police and crime commissioner or the Mayor's Office for Policing and Crime.

312

In section 41 (disqualification of lay justices who are members of local authorities), in subsection (6)(c), for the words from “a police authority” to “Metropolitan Police Authority” substitute “ a police and crime commissioner, the Mayor's Office for Policing and Crime ”.

Criminal Justice Act 2003

313

In the Criminal Justice Act 2003, in section 221 (provision of attendance centres), in subsection (3)—

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

(b) for “that authority” substitute “ that authority or body ”.

Finance Act 2003

314

In the Finance Act 2003, in Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc), for “police authority” (in the first place) substitute “ local policing body ”.

Licensing Act 2003

315

In the Licensing Act 2003, in section 170 (exemption of police from liability for damages), in subsection (4A)—

(a) after “such a person” insert “ exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London ”;

(b) for “a police authority” substitute “ the Common Council of the City of London ”.

Local Government Act 2003

316

The Local Government Act 2003 is amended as follows.

317

In section 23 (meaning of “local authority”), in subsection (1), for paragraph (n) substitute—

(n) a police and crime commissioner;

318

In section 25 (budget calculations: report on robustness of estimates etc), in subsection (3)—

(a) in paragraph (d), omit “or”;

(b) at the end of paragraph (e), insert

or (f) Schedule 1, 2 or 4 to the Police Reform and Social Responsibility Act 2011

319

In section 33 (interpretation of Chapter 1), in subsection (1), for paragraph (m) substitute—

(m) a police and crime commissioner.

320

In section 95 (power to trade in function-related activities through a company), in subsection (7)—

(a) omit the definition of “police authority”;

(b) in the definition of “relevant authority”, for “a police authority or” substitute “ the Common Council of the City of London in its capacity as a police authority and ”.

321

In section 101 (staff transfer matters: general), omit subsection (7).

Railways and Transport Safety Act 2003

322

The Railways and Transport Safety Act 2003 is amended as follows.

323

In section 25 (special constables), in subsection (5)(d), for “police authority” substitute “ local policing body ”.

324

In section 28 (exercise of powers by civilians), in subsection (1)(a), for “police authority employees” substitute “ civilian staff ”.

325

In section 45 (regulation of procedure and practice), omit subsection (2)(a).

326

In section 50 (policing objectives: Authority), in subsection (3)—

(a) in paragraph (a), at the end insert “ and ”;

(b) omit paragraph (c) (and the word “and” at the end of paragraph (b)).

327

In section 55 (three-year strategy plan)—

(a) in paragraph (b), at the end insert “ and ”;

(b) omit paragraph (d) (and the word “and” at the end of paragraph (c)).

328

In Schedule 4 (British Transport Police Authority), in paragraph 7 (disqualification), for sub-paragraph (2)(c) substitute—

(c) a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), (ca) a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), (cb) a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act), or

Sexual Offences Act 2003

329

In the Sexual Offences Act 2003, in section 136M (reimbursement of costs), for “police authority” (in each place) substitute “ local policing body ”.

Children Act 2004

330

The Children Act 2004 is amended as follows.

331

In section 10 (co-operation to improve well-being: England), in subsection (4)(b), for “the police authority” substitute “ the local policing body ”.

332

In section 11 (arrangements to safeguard and promote welfare: England), in subsection (1)(h), for “police authority” substitute “ local policing body ”.

333

In section 25 (co-operation to improve well-being: Wales), in subsection (4)(a), for “the police authority” substitute “ the local policing body ”.

334

In section 28 (arrangements to safeguard and promote welfare: Wales), in subsection (1)(d), for “police authority” substitute “ local policing body ”.

Housing Act 2004

335

In the Housing Act 2004, in Schedule 14 (buildings which are not HMOs), in paragraph 2(1) (buildings controlled or managed by public sector bodies etc), for sub-paragraphs (c) and (d) substitute—

(c) a police and crime commissioner, (d) the Mayor's Office for Policing and Crime,

Public Audit (Wales) Act 2004

336

The Public Audit (Wales) Act 2004 is amended as follows.

337

In section 12 (local government bodies in Wales), in subsection (1)—

(a) in paragraph (f), for “police authority” substitute “ police and crime commissioner ”;

(b) after paragraph (f), insert—

(fa) a chief constable of a police force maintained under section 2 of the Police Act 1996 for a police area in Wales;

338

(1) Section 40 (documents relating to police authorities) is amended in accordance with this paragraph.

(2) In the title, for “police authorities” substitute “ police and crime commissioners and chief constables ”.

(3) In subsection (1), for “police authority for” substitute “ police and crime commissioner for, or the chief constable of a police force maintained under section 2 of the Police Act 1996 for, ”.

(4) In subsection (2)—

(a) for “police authorities” substitute “ police and crime commissioners ”;

(b) for “police authority” substitute “ police and crime commissioner ”.

(5) After subsection (2) insert—

(3) If the Auditor General for Wales has sent a document (or a copy of a document) relating to one or more chief constables of police forces maintained under section 2 of the Police Act 1996 for a police area in Wales, the Auditor General may send a copy of the document to the persons to whom a copy of a document may be sent under subsection (2).

339

In section 46 (performance standards: relevant bodies), in subsection (1)(d), for “police authority” substitute “ police and crime commissioner ”.

Drugs Act 2005

340

In the Drugs Act 2005, in section 19 (interpretation), for subsection (7) substitute—

(7) Police support officer” means— (a) persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London), and (b) persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force).

Public Services Ombudsman (Wales) Act 2005

341

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

342

In Schedule 2 (excluded matters), in paragraph 1, for “police authority” substitute “ police and crime commissioner ”.

343

In Schedule 3 (listed authorities), for “police authority” substitute “ police and crime commissioner ”.

Serious Organised Crime and Police Act 2005

344

The Serious Organised Crime and Police Act 2005 is amended as follows.

345

(1) Section 6 (annual plans) is amended in accordance with this paragraph.

(2) In subsection (7)(d)—

(a) at the beginning insert “ each local policing body for an area in England and Wales, ”;

(b) for “Great Britain” substitute “ Scotland ”.

(3) In subsection (8), for “Great Britain” substitute “ Scotland ”.

346

(1) Section 7 (annual reports) is amended in accordance with this paragraph.

(2) In subsection (4)(d)—

(a) at the beginning insert “ each local policing body for an area in England and Wales, ”;

(b) for “Great Britain” substitute “ Scotland ”.

(3) In subsection (5), for “Great Britain” substitute “ Scotland ”.

347

(1) Section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements) is amended in accordance with this paragraph.

(2) In subsections (8) and (9), for “relevant police authority” substitute “ relevant policing body ”.

(3) In subsection (11), in the definition of “relevant police authority”—

(a) for “relevant police authority” substitute “ relevant policing body ”;

(b) before paragraph (a) insert—

(za) in relation to a police force in England or Wales, the local policing body maintaining that force,

;

348

(1) Section 26 (use by SOCA of police premises etc) is amended in accordance with this paragraph.

(2) In subsection (1)(a), for “relevant police authority” substitute “ relevant policing body ”.

(3) In subsection (2)—

(a) in paragraph (a), for “relevant police authority” substitute “ relevant policing body ”;

(b) for “that authority” substitute “ that body ”.

(4) In subsection (3)—

(a) for “relevant police authority” substitute “ relevant policing body ”;

(b) in paragraphs (a) and (b), for “that body” substitute “ SOCA or that body ”.

(5) In subsection (6)—

(a) for “relevant police authority” substitute “ relevant policing body ”;

(b) for “that authority” substitute “ that body ”.

(6) In subsection (7)—

(a) for “relevant police authority” substitute “ relevant policing body ”;

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

349

(1) Section 155 (payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences) is amended in accordance with this paragraph.

(2) In the title, for “police authority” substitute “ local policing body ”.

(3) In subsection (1), for “police authority” substitute “ local policing body ”.

350

In Schedule 5 (persons specified for the purposes of section 82), in paragraph 14(a), for “police authority employees” substitute “ civilian staff ”.

Government of Wales Act 2006

351

The Government of Wales Act 2006 is amended as follows.

352

In section 72 (partnership council), in subsection (5)(c), for “police authorities” substitute “ police and crime commissioners ”.

353

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

London Olympic Games and Paralympic Games Act 2006

354

The London Olympic Games and Paralympic Games Act 2006 is amended as follows.

355

In section 21 (offence), in subsection (4), after “pay to” insert “ a local policing body, ”.

356

In section 22 (enforcement of power of entry)—

(a) in subsection (8), after “compensation from” insert “ a local policing body, ”;

(b) in subsection (9), after “A” (at the beginning) insert “ local policing body, a ”.

357

In section 28 (enforcement of power of entry)—

(a) in subsection (6), after “compensation from” insert “ a local policing body, ”;

(b) in subsection (7), after “A” (at the beginning) insert “ local policing body, a ”.

Police and Justice Act 2006

358

The Police and Justice Act 2006 is amended as follows.

359

In section 6 (consultation with APA and ACPO), omit subsection (2)(a).

360

(1) Schedule 1 (National Policing Improvement Agency) is amended as follows.

(2) In paragraph 5 (annual plans)—

(a) in sub-paragraph (6)(b), for “police authority” substitute “ local policing body ”;

(b) in sub-paragraph (7), for paragraph (b) substitute—

(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (ba) the Mayor's Office for Policing and Crime, (bb) the Common Council of the City of London,

(3) In paragraph 6 (strategic priorities), for sub-paragraph (2)(c) (and the word “and” at the end of sub-paragraph (2)(b)) substitute—

(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (c) the Mayor's Office for Policing and Crime, and (d) the Common Council of the City of London.

(4) In paragraph 7 (chairman and other members)—

(a) for sub-paragraph (2)(a) substitute—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (ab) the Mayor's Office for Policing and Crime, (ac) the Common Council of the City of London, and

;

(b) in sub-paragraph (4)(a), for “nominated by the Association of Police Authorities” substitute “ who is a police and crime commissioner ”.

(5) In paragraph 28 (annual reports), in sub-paragraph (4)(b), for “police authority” substitute “ local policing body ”.

(6) In the italic heading before paragraph 35 (Payments by Agency to police authorities), after “to” insert “ local policing bodies ”.

(7) In paragraph 35, in sub-paragraph (a), for “police authorities” substitute “ local policing bodies ”.

(8) In paragraph 48 (power to modify objects, functions and strategy of the Agency), in sub-paragraph (10), for sub-paragraph (b) substitute—

(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (c) the Mayor's Office for Policing and Crime, (d) the Common Council of the City of London, and

Safeguarding Vulnerable Groups Act 2006

361

In the Safeguarding Vulnerable Groups Act 2006, in Schedule 3 (barred lists), in paragraph 19 (information), in sub-paragraph (4), for “police authority” substitute “ local policing body ”.

Violent Crime Reduction Act 2006

362

The Violent Crime Reduction Act 2006 is amended as follows.

363

In section 18 (functions of local chief officer of police), for “police authority” (in each place), substitute “ local policing body ”.

364

In section 19 (guidance about the designation of zones)—

(a) for “police authorities” (in each place) substitute “ local policing bodies ”;

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

Corporate Manslaughter and Corporate Homicide Act 2007

365

In the Corporate Manslaughter and Corporate Homicide Act 2007, in section 13 (application to police forces), in subsection (3)(b), for “police authority” substitute “ local policing body ”.

Local Government and Public Involvement in Health Act 2007

366

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

367

In section 104 (application of Chapter 1 of Part 5: partner authorities), for subsection (2)(e) substitute—

(e) a local policing body;

368

In section 123 (joint overview and scrutiny committees), in subsection (7) for “a police authority” substitute “ a local policing body ”.

369

In section 212 (entities controlled etc by local authorities), in subsection (7), in paragraph (a) of the definition of “local authority”, after “that Act)” insert “ , apart from a police and crime commissioner ”.

Serious Crime Act 2007

370

In the Serious Crime Act 2007, in section 39 (compliance with orders: authorised monitors), in subsection (10), in the definition of “law enforcement agency”—

(a) before paragraph (a) insert—

(za) the chief constable of a police force maintained under section 2 of the Police Act 1996; (zb) the Commissioner of Police of the Metropolis; (zc) the Common Council of the City of London in its capacity as police authority;

;

(b) in paragraph (a), omit “a police authority or”.

Pensions Act 2008

371

(1) In the Pensions Act 2008, section 95 (police) is amended as follows.

(2) In subsection (1), after “by the” insert “ relevant local policing body or ”.

(3) In subsection (2)—

(a) after “A” (in the first place) insert “ local policing body, or a ”;

(b) after “relevant” insert “ local policing body, or relevant ”.

Coroners and Justice Act 2009

372

In the Coroners and Justice Act 2009, in section 24 (provision of staff and accommodation), in subsection (2), for “police authority” substitute “ local policing body ”.

Local Democracy, Economic Development and Construction Act 2009

373

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

374

In section 2 (democratic arrangements of connected authorities)—

(a) for subsection (3)(f) substitute—

(f) a local policing body;

;

(b) for subsection (5)(e) substitute—

(e) a local policing body;

375

In section 23 (duty of public authorities to secure involvement), in subsection (2), for paragraph (j) substitute—

(j) the Common Council of the City of London in its capacity as a police authority;

376

In section 35 (mutual insurance: supplementary), in subsection (2), for paragraph (k) substitute—

(k) the Common Council of the City of London in its capacity as a police authority;

377

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

Policing and Crime Act 2009

378

In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments Panel), omit subsection (1).

Child Poverty Act 2010

379

In the Child Poverty Act 2010, in section 20(2)(b) (partner authorities), for “police authority” substitute “ local policing body ”.

Equality Act 2010

380

The Equality Act 2010 is amended as follows.

381

In section 1 (public sector duty regarding socio-economic duties), in subsection (3)(k), for “police authority” substitute “ police and crime commissioner ”.

382

In section 43 (interpretation of section 42)—

(a) in subsection (3), for “police authority” (in each place) substitute “ local policing body or police authority ”;

(b) in subsection (8), for paragraph (d) substitute—

(d) the Police Reform and Social Responsibility Act 2011.

383

In Schedule 19 (public authorities), in Part 1, under the heading “Police”, for “The Metropolitan” to “section 3 of that Act”, substitute—

A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011. The Mayor's Office for Policing and Crime established under section 3 of that Act.

SCHEDULE 17

Amendments of the Misuse of Drugs Act 1971

1

The Misuse of Drugs Act 1971 is amended in accordance with paragraphs 2 to 20.

2

In section 2 (controlled drugs and their classification for purposes of Act), in subsection (1)—

(a) in paragraph (a), for the words after “specified” substitute “—

(i) in Part I, II or III of Schedule 2, or

(ii) in a temporary class drug order as a drug subject to temporary control (but this is subject to section 2A(6));”, and

(b) at the end of paragraph (b) insert

, and (c) the expression “temporary class drug” means any substance or product which is for the time being a controlled drug by virtue of a temporary class drug order;

3

After section 2 insert—

(2A) (1) The Secretary of State may make an order (referred to in this Act as a “temporary class drug order”) specifying any substance or product as a drug subject to temporary control if the following two conditions are met. (2) The first condition is that the substance or product is not a Class A drug, a Class B drug or a Class C drug. (3) The second condition is that— (a) the Secretary of State has consulted in accordance with section 2B and has determined that the order should be made, or (b) the Secretary of State has received a recommendation under that section that the order should be made. (4) The Secretary of State may make the determination mentioned in subsection (3)(a) only if it appears to the Secretary of State that— (a) the substance or product is a drug that is being, or is likely to be, misused, and (b) that misuse is having, or is capable of having, harmful effects. (5) A substance or product may be specified in a temporary class drug order by reference to— (a) the name of the substance or product, or (b) a description of the substance or product (which may take such form as the Secretary of State thinks appropriate for the purposes of the specification). (6) A substance or product specified in a temporary class drug order as a drug subject to temporary control ceases to be a controlled drug by virtue of the order— (a) at the end of one year beginning with the day on which the order comes into force, or (b) if earlier, upon the coming into force of an Order in Council under section 2(2) by virtue of which the substance or product is specified in Part 1, 2 or 3 of Schedule 2. (7) Subsection (6)— (a) is subject to subsection (10), and (b) is without prejudice to the power of the Secretary of State to vary or revoke a temporary class drug order by a further order. (8) The power of the Secretary of State to make an order under this section is subject to section 2B. (9) An order under this section is to be made by statutory instrument. (10) An order under this section— (a) must be laid before Parliament after being made, and (b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless before the end of that period the order is approved by a resolution of each House of Parliament. (11) In calculating that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. (12) Subsection (10)(b)— (a) is without prejudice to anything previously done or to the power of the Secretary of State to make a new order under this section; (b) does not apply to an order that only revokes a previous order under this section. (2B) (1) Before making an order under section 2A the Secretary of State— (a) must consult as mentioned in subsection (2), or (b) must have received a recommendation from the Advisory Council to make the order. (2) The Secretary of State must consult— (a) the Advisory Council, or (b) if the order is to be made under section 2A(1) and the urgency condition applies, the person mentioned in subsection (3). (3) The person referred to in subsection (2)(b) is— (a) the person who is for the time being the chairman of the Advisory Council appointed under paragraph 1(3) of Schedule 1, or (b) if that person has delegated the function of responding to consultation under subsection (1)(a) to another member of the Advisory Council, that other member. (4) The “urgency condition” applies if it appears to the Secretary of State that the misuse of the substance or product to be specified in the order as a drug subject to temporary control, or the likelihood of its misuse, poses an urgent and significant threat to public safety or health. (5) The duty of the Advisory Council or any other person consulted under subsection (1)(a) is limited to giving to the Secretary of State that person's opinion as to whether the order in question should be made. (6) A recommendation under subsection (1)(b) that a temporary class drug order should be made may be given by the Advisory Council only if it appears to the Council that— (a) the substance or product is a drug that is being, or is likely to be, misused, and (b) that misuse is having, or is capable of having, harmful effects.

4

In section 3 (restriction of importation and exportation of controlled drugs), in subsection (2)(a) after “this Act” insert “ or by provision made in a temporary class drug order by virtue of section 7A ”.

5

In section 4(1) (restriction of production and supply of controlled drugs), after “this Act” insert “ , or any provision made in a temporary class drug order by virtue of section 7A, ”.

6

In section 5 (restriction of possession of controlled drugs), after subsection (2) insert—

(2A) Subsections (1) and (2) do not apply in relation to a temporary class drug.

7

In section 7 (authorisation of activities otherwise unlawful under foregoing provisions of Act), after subsection (9) insert—

(10) In this section a reference to “controlled drugs” does not include a reference to temporary class drugs (see instead section 7A).

8

After section 7 insert—

(7A) (1) This section applies if a temporary class drug order specifies a substance or product as a drug subject to temporary control. (2) The order may— (a) include provision for the exception of the drug from the application of section 3(1)(a) or (b) or 4(1)(a) or (b), (b) make such other provision as the Secretary of State thinks fit for the purpose of making it lawful for persons to do things in respect of the drug which under section 4(1) it would otherwise be unlawful for them to do, (c) provide for circumstances in which a person's possession of the drug is to be treated as excepted possession for the purposes of this Act, and (d) include any provision in relation to the drug of a kind that could be made in regulations under section 10 or 22 if the drug were a Class A drug, a Class B drug or a Class C drug (but ignoring section 31(3)). (3) Provision under subsection (2) may take the form of applying (with or without modifications) any provision made in regulations under section 7(1), 10 or 22. (4) Provision under subsection (2)(b) may (in particular) provide for the doing of something to be lawful if it is done— (a) in circumstances mentioned in section 7(2)(a), or (b) in compliance with such conditions as may be prescribed by virtue of section 7(2)(b). (5) Section 7(8) applies for the purposes of this section. (6) Section 31(1) (general provision as to regulations) applies in relation to a temporary class drug order that contains provision made by virtue of this section as it applies to regulations under this Act.

9

In section 9A (prohibition of supply etc of articles for administering or preparing controlled drugs), in subsection (4)—

(a) at the end of paragraph (a) omit “or”,

(b) in paragraph (b) after “of a controlled drug” insert “ , other than a temporary class drug, ”, and

, or (c) the administration by any person of a temporary class drug to himself in circumstances where having the drug in his possession is to be treated as excepted possession for the purposes of this Act (see section 7A(2)(c)).

10

In section 10 (power to make regulations for preventing misuse of controlled drugs), after subsection (2) insert—

(3) In this section a reference to “controlled drugs” does not include a reference to temporary class drugs (see instead section 7A).

11

In section 11 (power to direct special precautions for safe custody of controlled drugs to be taken at certain premises), in subsection (1) after “of this Act” insert “ or by provision made in a temporary class drug order by virtue of section 7A that is of a corresponding description to such regulations ”.

12

(1) Section 13 (directions prohibiting prescribing, supply etc of controlled drugs by practitioners in other cases) is amended as follows.

(2) In subsection (1)—

(a) after “section 10(2) of this Act” insert “ or of corresponding provision made in a temporary class drug order ”, and

(b) after “said paragraph (i)” insert “ or of any such corresponding provision ”.

(3) After subsection (1) insert—

(1A) For the purposes of subsection (1), provision made in a temporary class drug order is “corresponding provision” if it— (a) is made by virtue of section 7A(2)(d), and (b) is of a corresponding description to regulations made in pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).

13

In section 18 (miscellaneous offences), after subsection (4) insert—

(5) In this section (and in references in Schedule 4 that refer to this section), any reference to regulations made under this Act is to be taken as including a reference to provision made in a temporary class drug order by virtue of section 7A. (6) For this purpose, a reference in subsection (1) or (2) to regulations made in pursuance of section 10(2)(h) or (i) is a reference to any provision of a temporary class drug order which— (a) is made by virtue of section 7A(2)(d), and (b) is of a corresponding description to regulations made in pursuance of section 10(2)(h) or (as the case may be) (i).

14

In section 22 (further power to make regulations)—

(a) renumber the existing provision as subsection (1), and

(b) after that subsection insert—

(2) The power to make regulations under this section does not apply in relation to temporary class drugs (see instead section 7A).

15

(1) Section 23 (powers to search and obtain evidence) is amended as follows.

(2) In subsection (2) after “any regulations” insert “ or orders ”.

(3) In subsection (3)(a) after “any regulations” insert “ or orders ”.

16

After section 23 insert—

(23A) (1) Subsection (3) applies in any case where— (a) a constable has reasonable grounds to suspect that a person (“P”) is in possession of a temporary class drug, and (b) it does not appear to the constable that a power under section 23(2) applies to the case. (2) But if any provision has been made by virtue of section 7A(2)(c) (excepted possession) that applies to the temporary class drug in question, subsection (3) applies only if the constable has no reason to believe that P's possession of the drug is to be treated as excepted possession for the purposes of this Act. (3) The constable may— (a) search P, and detain P for the purposes of searching P; (b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it; (c) seize and detain anything found in the course of the search which appears to the constable to be a temporary class drug or to be evidence of an offence under this Act. In this subsection, “vessel” has the same meaning as in section 23(2). (4) Subsection (5) applies if a constable reasonably believes that anything detained under subsection (3)(c) is a temporary class drug but is not evidence of any offence under this Act. (5) The constable may dispose of the drug in such manner as the constable thinks appropriate. (6) A person who intentionally obstructs a constable in the exercise of the constable's powers under subsection (3) commits an offence.

17

(1) Section 25 (prosecution and punishment of offences) is amended as follows.

(2) After subsection (2) insert—

(2A) Subsection (2B) applies if an offence specified in the first column of Schedule 4 is committed in relation to a temporary class drug. (2B) The punishments which may be imposed on a person convicted of the offence summarily or (as the case may be) on indictment in relation to the temporary class drug are the same as those which could be imposed had the person been convicted of the offence in that way in relation to a Class B drug (see the fifth column of Schedule 4).

(3) After subsection (3) insert—

(3A) The punishments which may be imposed on a person convicted of an offence under section 23A(6) are the same as those which, under Schedule 4, may be imposed on a person convicted of an offence under section 23(4).

18

In section 30 (licenses and authorities) after “of regulations” insert “ or orders ”.

19

In section 37(1) (interpretation), after the definition of “supplying” insert—

“temporary class drug order” means an order made under section 2A(1);

20

In section 38(1) (special provisions as to Northern Ireland) for “2, 7,” substitute “ 2, 2A, 2B, 7, 7A, ”.

Amendments of other legislation

21

In Schedule 1 to the Customs and Excise Management Act 1979 (controlled drugs: variation of punishments for certain offences)—

(a) in paragraph 1—

(i) in the opening words for “or a Class B drug” substitute “ , Class B drug or a temporary class drug ”, and

(ii) in paragraph (b)(ii) of the substituted words after “ Class B drug ” insert “ or a temporary class drug ”, and

(b) in paragraph 3, for “and “Class C drug”” substitute “, “Class C drug” and “temporary class drug””.

22

In section 19 of the Criminal Justice (International Co-operation) Act 1990 (ships used for illicit traffic), in subsection (4)(b) after “Class B drug” insert “ or a temporary class drug ”.

Police and crime commissioners

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

Supply of goods and services

Deputy Mayor for Policing and Crime: confirmation hearings

Police fund

Minimum budget for Mayor's Office for Policing and Crime

Police grant

Other grants etc under Police Act 1996

Precepts

Other grants etc

Appointment of persons not employed by chief officers of police

Functions of HMIC

HMIC reports: publication

Inspection programmes and frameworks

Powers in connection with HMIC inspections

Provision of information by chief officers of police

National and international functions

Police: complaints

Amendments of the Interpretation Act 1978

Licensing authorities as responsible authorities

Premises licences: who may apply for review

Club premises certificates: who may make relevant representations

Club premises certificates: who may apply for review

Reducing the burden: premises licences

Reducing the burden: club premises certificates

Temporary event notices: who may make an objection

Temporary event notices: conditions

Temporary event notices: late notices

Persistently selling alcohol to children

Temporary event notice: time for objection to notice

Power for licensing authorities to set fees

Persistently selling alcohol to children

Power for licensing authorities to set fees

Advisory Council on the Misuse of Drugs

Orders and regulations

Money

Introduction

Salary etc

Staff

The deputy police and crime commissioner

Scrutiny of senior appointments

Remuneration etc of staff

Incidental powers

Protection from personal liability

Financial year

Introduction

Status, name etc

Civilian staff

Remuneration etc of staff

Incidental powers

Financial arrangements etc

Disciplinary action etc

Allowances

Staff

The Deputy Mayor for Policing and Crime

Notification of appointments

Remuneration etc of staff

Incidental powers

Protection from personal liability

Financial year

Civilian staff

Remuneration etc of staff

Incidental powers

Damages and costs in legal proceedings

Disciplinary action etc

Introduction

Commissioner to notify panel of proposed precept

Panel to review proposed precept

Panel's power to veto precept

Next steps if no veto

Next steps if veto

Regulations

England

Wales

Establishment and maintenance of panels

Membership and status

Persons properly appointed as members of panels

Single-authority police area: nomination by local authority

Police area covering ten or more local authorities: nomination by local authority

Multi-authority police area covering nine or fewer local authorities: nomination by local authority

Appointment after nomination by local authority

Failure of local authority to appoint member: nomination and appointment by Secretary of State

Costs of the panel

Establishment and maintenance of panels

Membership and status

Wales: persons appointed by the Secretary of State as members of panels

Wales: Secretary of State to ask local authorities to nominate members of panels

Wales: consequences of Secretary of State asking local authorities to make nominations

England: persons appointed by the Secretary of State as members of panels

England: nomination and appointment of members of panels by Secretary of State

Liabilities of panels

Provision of financial and other resources

Restrictions on membership of panel

Panel arrangements

Rules of procedure

Voting by members

Exercise of special functions

Allowances

Promotion of, and support, for panels

Validity of proceedings

Duty to produce balanced panel

Duty to nominate elected mayor to be a member of the panel

Application of other legislation

Regulations about notifications

Regulations about making nominations

Regulations about making appointments

Regulations about modification etc of functions

Interpretation

Introduction

Investigation of serious complaints

Resolution of other complaints

Conferral of functions

No power to terminate holding of office or employment

Application and amendment of other enactments

Introduction

No appointment until end of confirmation process

Notification of proposed appointment

Panel to review and report on proposed appointment

Power to veto proposed appointment

Confirmation hearings

Next steps if no veto

Next steps if veto

Regulations

Suspension

Removal: general

Removal: notification and representations

Removal: further notification

Removal: role of panel

Removal: consideration of panel's recommendation

Senior police officers

Suspension

Removal

Application

First preference vote and second preference vote

Candidate with overall majority of first preference votes

No candidate with overall majority of first preference votes

Local Government Act 1972

Representation of the People Act 1983

Police Act 1996

Political Parties, Elections and Referendums Act 2000

Local Government and Public Involvement in Health Act 2007

Police Act 1996

Police Reform Act 2002

Railways and Transport Safety Act 2003

Introduction

Membership and proceedings of Independent Police Complaints Commission

Complaints about policing

Power of local policing body to direct chief officer of police to comply with obligations

Initial handling and recording of complaints

Handling of complaints by the appropriate authority

Disapplication of requirements of Schedule 3 to 2002 Act

Conduct matters arising in civil proceedings

Recording etc of conduct matters in other cases

Power to discontinue an investigation

Duties with respect to disciplinary proceedings

Rights of appeal

Current chief officers to remain in post

Transfer of rights and liabilities

Relevant legislative provisions

Interpretation

Transfer of property, rights and liabilities

Transfer of staff

Police civilians

Seconded staff

Interpretation

Power to direct new policing body to make transfer scheme

Staff

Property, rights and liabilities etc

Supplementary

Politically restricted posts

Continuity

Foreign property etc: perfection of vesting

Transfers: supplementary provision

Power to make transitional provision etc

Tramways Act 1870

Riot (Damages) Act 1886

Police (Property) Act 1897

Licensing Act 1902

Local Government (Emergency Provisions) Act 1916

Police, Factories, &c (Miscellaneous Provisions) Act 1916

Children and Young Persons Act 1933

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

Town and Country Planning Act 1959

Land Compensation Act 1961

Trustee Investments Act 1961

Local Government (Records) Act 1962

Pipe-lines Act 1962

Offices, Shops and Railway Premises Act 1963

Local Government Act 1966

Leasehold Reform Act 1967

Superannuation (Miscellaneous Provisions) Act 1967

Firearms Act 1968

Employers' Liability (Compulsory Insurance) Act 1969

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