Policing and Crime Act 2017

171

• (1) The Department of Justice in Northern Ireland may by regulations amend section 101A of the Protection of Freedoms Act 2012 (power of Department of Justice to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.

• (2) An offence may be added to that list only if—

• (a) it was an offence under the law of Northern Ireland (or, in the case of an offence that applied before Northern Ireland became a separate legal jurisdiction, an offence under the law of Ireland),

• (b) it has been repealed or, in the case of an offence at common law, abolished, and

• (c) either—

• (i) the offence expressly regulated homosexual activity, or

• (ii) although the offence did not expressly regulate homosexual activity, it appears to the Department of Justice that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.

• (3) Regulations under subsection (1) adding an offence may also amend section 101A so as to provide that, in relation to the offence, condition A is that it appears to the Department of Justice that matters specified in the amendment apply (in substitution for the matters specified in subsection (4)(a) and (b) of that section).

• (4) Regulations under subsection (1) may make consequential amendments of Chapter 5 of Part 5 of the 2012 Act.

• (5) Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where—

• (a) the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and

• (b) the conditions specified in the regulations are met.

• (6) Those conditions must correspond to the matters that are specified in condition A in section 101A of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Department of Justice to apply in order for condition A to be met).

• (7) Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person's death, the person's conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section 170(2) of this Act).

• (8) The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section 169(5) of this Act has in relation to the pardons provided for by section 169(1) to (4) and the offences to which they relate.

• (9) The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573) (N.I. 12)).

• (10) Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (11) In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 5 of Part 5 of the 2012 Act (see section 101J of that Act).

Sections 169 to 171: supplementary

172

• (1) A pardon under section 169 or 170, or under regulations under section 171, does not—

• (a) affect any conviction, caution or sentence, or

• (b) give rise to any right, entitlement or liability.

• (2) Nothing in this section or in sections 169 to 171 or regulations under section 171 affects the prerogative of mercy.

Forced marriage: anonymity for victims

Anonymity of victims of forced marriage: England and Wales

173

• (1) In Part 10 of the Anti-social Behaviour, Crime and Policing Act 2014 (forced marriage), after section 122 insert—

(122A) Schedule 6A (anonymity of victims of forced marriage) has effect.

• (2) Insert, as Schedule 6A to that Act, the following Schedule—

Schedule 6A (1) (1) This paragraph applies where an allegation has been made that an offence of forced marriage has been committed against a person. (2) No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime. (3) In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met. (4) The first condition is that the conduct of a person's defence at a trial of an offence of forced marriage would be substantially prejudiced if the direction were not given. (5) The second condition is that— (a) the effect of sub-paragraph (2) is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (b) it is in the public interest to remove or relax the restriction. (6) A direction under sub-paragraph (3) does not affect the operation of sub-paragraph (2) at any time before the direction is given. (7) In this paragraph, “the court” means a magistrates' court or the Crown Court. (2) (1) If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. (2) A person guilty of an offence under this paragraph is liable, on summary conviction, to a fine. (3) The persons responsible for a publication are as follows—

Type of publication	Persons responsible
Newspaper or other periodical	Any person who is a proprietor, editor or publisher of the newspaper or periodical.
Relevant programme	Any person who—is a body corporate engaged in providing the programme service in which the programme is included, orhas functions in relation to the programme corresponding to those of an editor of a newspaper.
Any other kind of publication	Any person who publishes the publication.

(4) If an offence under this paragraph is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
  (a) a senior officer of a body corporate, or
  (b) a person purporting to act in such a capacity,
the senior officer or person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) “*Senior officer*”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose “*director*”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(6) Proceedings for an offence under this paragraph may not be instituted except by, or with the consent of, the Attorney General.

(3) (1) This paragraph applies where a person (“the defendant”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. (2) It is a defence for the defendant to prove that, at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that— (a) the publication included the matter in question, or (b) the allegation in question had been made. (3) It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description. (4) The defence in sub-paragraph (3) is not available if— (a) the victim was under the age of 16 at the time when his or her consent was given, or (b) a person interfered unreasonably with the peace and comfort of the victim with a view to obtaining his or her consent. (5) In this paragraph, “the victim” means the person against whom the offence of forced marriage in question is alleged to have been committed. (4) (1) Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in England and Wales). (2) Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in England and Wales. (3) Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. (5) (1) Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. (2) The derogation condition is that taking proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (3) “The public interest objective” means the pursuit of public policy. (6) (1) A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (2) For the purposes of sub-paragraph (1)— (a) providing access to a communication network, and (b) transmitting information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (7) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. (2) The first condition is that the storage of the information— (a) is automatic, intermediate and temporary, and (b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request. (3) The second condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) if sub-paragraph (4) applies, promptly removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (8) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if— (a) the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited publication, or (b) on obtaining actual knowledge that the information was, or contained, a prohibited publication, the service provider promptly removed the information or disabled access to it. (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (9) (1) In this Schedule— - “domestic service provider” means a service provider established in England and Wales, Scotland or Northern Ireland; - “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); - “information society services”— 1. has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and 2. is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; - “non-UK service provider” means a service provider established in an EEA state other than the United Kingdom; - “offence of forced marriage” means an offence under section 121; - “programme service” has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act); - “prohibited material” means any material the publication of which contravenes paragraph 1(2); - “publication” includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public; - “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; - “relevant programme” means a programme included in a programme service; - “service provider” means a person providing an information society service. (2) For the purposes of the definition of “publication” in sub-paragraph (1)— (a) an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition; (b) every relevant programme is to be taken as addressed to the public at large or to a section of the public. (3) For the purposes of the definitions of “domestic service provider” and “non-UK service provider” in sub-paragraph (1)— (a) a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

Anonymity of victims of forced marriage: Northern Ireland

174

• (1) After Part 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.)) insert—

(24A) Schedule 3A (anonymity of victims of forced marriage) has effect.

• (2) Insert, as Schedule 3A to that Act, the following Schedule—

Schedule 3A (1) (1) This paragraph applies where an allegation has been made that an offence of forced marriage has been committed against a person. (2) No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime. (3) In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met. (4) The first condition is that the conduct of a person's defence at a trial of an offence of forced marriage would be substantially prejudiced if the direction were not given. (5) The second condition is that— (a) the effect of sub-paragraph (2) is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (b) it is in the public interest to remove or relax the restriction. (6) A direction under sub-paragraph (3) does not affect the operation of sub-paragraph (2) at any time before the direction is given. (7) In this paragraph, “the court” means a magistrates' court, a county court or the Crown Court. (2) (1) If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. (2) A person guilty of an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. (3) The persons responsible for a publication are as follows—

Type of publication	Persons responsible
Newspaper or other periodical	Any person who is a proprietor, editor or publisher of the newspaper or periodical.
Relevant programme	Any person who—is a body corporate engaged in providing the programme service in which the programme is included, orhas functions in relation to the programme corresponding to those of an editor of a newspaper.
Any other kind of publication	Any person who publishes the publication.

(4) Proceedings for an offence under this paragraph may not be instituted except by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

(3) (1) This paragraph applies where a person (“the defendant”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. (2) It is a defence for the defendant to prove that, at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that— (a) the publication included the matter in question, or (b) the allegation in question had been made. (3) It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description. (4) The defence in sub-paragraph (3) is not available if— (a) the victim was under the age of 16 at the time when his or her consent was given, or (b) a person interfered unreasonably with the peace and comfort of the victim with a view to obtaining his or her consent. (5) In this paragraph, “the victim” means the person against whom the offence of forced marriage in question is alleged to have been committed. (4) (1) Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in Northern Ireland). (2) Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in Northern Ireland. (3) Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. (5) (1) Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. (2) The derogation condition is that taking proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (3) “The public interest objective” means the pursuit of public policy. (6) (1) A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (2) For the purposes of sub-paragraph (1)— (a) providing access to a communication network, and (b) transmitting information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (7) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. (2) The first condition is that the storage of the information— (a) is automatic, intermediate and temporary, and (b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request. (3) The second condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) if sub-paragraph (4) applies, promptly removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (8) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if— (a) the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited publication, or (b) on obtaining actual knowledge that the information was, or contained, a prohibited publication, the service provider promptly removed the information or disabled access to it. (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (9) (1) In this Schedule— - “domestic service provider” means a service provider established in England and Wales, Scotland or Northern Ireland; - “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); - “information society services”— 1. has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and 2. is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; - “non-UK service provider” means a service provider established in an EEA state other than the United Kingdom; - “offence of forced marriage” means an offence under section 16; - “programme service” has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act); - “prohibited material” means any material the publication of which contravenes paragraph 1(2); - “publication” includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public; - “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; - “relevant programme” means a programme included in a programme service; - “service provider” means a person providing an information society service. (2) For the purposes of the definition of “publication” in sub-paragraph (1)— (a) an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition; (b) every relevant programme is to be taken as addressed to the public at large or to a section of the public. (3) For the purposes of the definitions of “domestic service provider” and “non-UK service provider” in sub-paragraph (1)— (a) a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

Stalking

Sentences for offences of putting people in fear of violence etc

175

• (1) In the Protection from Harassment Act 1997 —

• (a) in section 4 (putting people in fear of violence), in subsection (4)(a), for “five years” substitute “ ten years ”;

• (b) in section 4A (stalking involving fear of violence or serious alarm or distress), in subsection (5)(a), for “five years” substitute “ ten years ”.

• (2) In the Crime and Disorder Act 1998, in section 32 (racially or religiously aggravated harassment etc), in subsection (4)(b) (which specifies the penalty on conviction on indictment for an offence under that section which consists of a racially or religiously aggravated offence under section 4 or 4A of the Protection from Harassment Act 1997), for “seven years” substitute “ 14 years ”.

• (3) The amendments made by this section apply only in relation to an offence committed on or after the day on which this section comes into force.

• (4) Where the course of conduct constituting an offence is found to have occurred over a period of 2 or more days, or at some time during a period of 2 or more days, the offence must be taken for the purposes of subsection (3) to have been committed on the last of those days.

Protection of children and vulnerable adults

Child sexual exploitation: streaming indecent images

176

In section 51(2) of the Sexual Offences Act 2003 (sexual exploitation of children: interpretation), in paragraph (b), at the end insert “ or streamed or otherwise transmitted ”.

Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults

177

• (1) The Secretary of State may issue guidance to public authorities as to how their licensing functions under taxi and private hire vehicle legislation may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.

• (2) The Secretary of State may revise any guidance issued under this section.

• (3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.

• (4) Any public authority which has licensing functions under taxi and private hire vehicle legislation must have regard to any guidance issued under this section.

• (5) Before issuing guidance under this section, the Secretary of State must consult—

• (a) the National Police Chiefs' Council,

• (b) persons who appear to the Secretary of State to represent the interests of public authorities who are required to have regard to the guidance,

• (c) persons who appear to the Secretary of State to represent the interests of those whose livelihood is affected by the exercise of the licensing functions to which the guidance relates, and

• (d) such other persons as the Secretary of State considers appropriate.

• (6) In this section, “taxi and private hire vehicle legislation” means—

• (a) the London Hackney Carriages Act 1843;

• (b) sections 37 to 68 of the Town Police Clauses Act 1847;

• (c) the Metropolitan Public Carriage Act 1869;

• (d) Part 2 of the Local Government (Miscellaneous Provisions) Act 1976;

• (e) the Private Hire Vehicles (London) Act 1998;

• (f) the Plymouth City Council Act 1975 (c.xx).

Coroners' investigations into deaths

Coroners’ investigations into deaths: meaning of “state detention”

178

• (1) Section 48 of the Coroners and Justice Act 2009 (interpretation of Part 1: general) is amended as follows.

• (2) In subsection (1), in the definition of “state detention”, after “subsection (2)” insert “ (read with subsection (2A)) ”.

• (3) In subsection (2), at the beginning insert “ Subject to subsection (2A), ”.

• (4) After subsection (2) insert—

(2A) But a person is not in state detention at any time when he or she is deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.

Powers of Scottish litter authorities

Powers of litter authorities in Scotland

179

• (1) In Part 4 of the Environmental Protection Act 1990 (litter etc), after section 91 insert—

(92) (1) Where a principal litter authority in Scotland other than a joint board is satisfied as respects— (a) any relevant Crown land, (b) any relevant land of a designated statutory undertaker, (c) any relevant land of a designated educational institution, or (d) any relevant land within a litter control area of a local authority, that it is defaced by litter or refuse or that defacement of it by litter or refuse is likely to recur, the authority shall serve a notice (a “litter abatement notice”) imposing either the requirement or the prohibition or both the requirement and the prohibition specified in subsection (2). (2) The requirement and prohibition referred to in subsection (1) are as follows, namely— (a) a requirement that the litter or refuse be cleared within a time specified in the notice; (b) a prohibition on permitting the land to become defaced by litter or refuse. (3) The litter abatement notice shall be served— (a) as respects relevant Crown land, on the appropriate Crown authority; (b) as respects relevant land of a designated statutory undertaker, on the undertaker; (c) as respects relevant land of a designated educational institution, on the governing body of the institution or on the education authority responsible for the management of the institution; (d) in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land. (4) The person served with the notice may appeal against the notice to the sheriff by way of application within the period of 21 days beginning with the date on which the notice was served. (5) If, on any appeal under subsection (4), the appellant proves that, as respects the land in question, he has complied with his duty under section 89(1), the court shall allow the appeal. (6) If a person on whom a litter abatement notice is served, without reasonable excuse, fails to comply with or contravenes the requirement or prohibition imposed by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction. (7) In any proceedings for an offence under subsection (6), it shall be a defence for the person charged to prove that he has complied, as respects the land in question, with his duty under section 89(1). (8) A direction under section 89(6A) or a code of practice under section 89(7) shall be admissible in evidence in any proceedings under this section and, if any provision of such a direction or code appears to the court to be relevant to any question in the proceedings, it shall be taken into account in determining that question. (9) If a person on whom a litter abatement notice is served fails to comply with the requirement imposed by the notice in respect of any land, the authority may, subject to subsection (10)— (a) enter on the land and clear the litter or refuse, and (b) recover from that person the expenditure attributable to their having done so, except such of the expenditure as that person shows was unnecessary in the circumstances. (10) Subsection (9) does not apply in relation to relevant Crown land or relevant land of statutory undertakers. (93) (1) A principal litter authority in Scotland other than a joint board may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this section and section 94. (2) If the authority is satisfied, in respect of any premises which are of a description prescribed under section 94(1)(a) and have a frontage on a street in their area, that— (a) there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises, (b) the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse, or (c) there is produced, as a result of the activities carried on on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises, the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises. (3) A notice shall, subject to section 94(2), (3) and (4)— (a) identify the premises and state the grounds under subsection (2) on which it is issued; (b) specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street; (c) specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances; and, for the purposes of paragraph (b), an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage. (4) In this section and section 94— - “notice” means a street litter control notice; - “open land” means land in the open air; - “the premises”, in relation to a notice, means the premises in respect of which the notice is issued; - “specified area” means the area specified in a notice under subsection (3)(b); and - “street” means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot. (94) (1) The Scottish Ministers may by order prescribe— (a) the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued; (b) the descriptions of land which may be included in a specified area; and (c) the maximum area of land which may be included in a specified area; and different descriptions or maximum dimensions may be prescribed under paragraph (b) or (c) for different cases or circumstances. An order under this subsection is subject to the negative procedure. (2) The power to describe premises or land under subsection (1)(a) or (b) includes power to describe the premises or land by reference to occupation or ownership or to the activities carried on there. (3) The land comprised in a specified area— (a) shall include only land of one or more of the descriptions prescribed under subsection (1)(b); (b) shall not include any land which is not— (i) part of the premises, (ii) part of a street, (iii) relevant land of a principal litter authority, or (iv) land under the direct control of any other local authority; and (c) shall not exceed any applicable maximum area prescribed under subsection (1)(c); but a specified area shall not include any part of the premises which is or is part of a litter control area. (4) The requirements which may be imposed by a notice shall relate to the clearing of litter or refuse from the specified area and may in particular require— (a) the provision or emptying of receptacles for litter or refuse; (b) the doing within a period specified in the notice of any such thing as may be so specified (including the standards to which any such thing must be done); or (c) the doing (while the notice remains in force) at such times or intervals, or within such period, of any such thing as may be so specified; but a notice may not require the clearing of litter or refuse from any carriageway, except at a time when the carriageway is closed to all vehicular traffic. (5) In relation to so much of the specified area as is not part of the premises the authority shall take account, in determining what requirements to impose, of their own duties under this Part or otherwise, and of any similar duties of any other local authority, in relation to that land. (6) An authority proposing to serve a notice shall— (a) inform the person on whom the notice is to be served; (b) give him the opportunity to make representations about the notice within the period of 21 days beginning with the day on which he is so informed; and (c) take any representations so made into account in making their decision. (7) A person on whom a notice is served may appeal against the notice to the sheriff by way of application; and the court may quash the notice or may quash, vary or add to any requirement imposed by the notice. (8) If it appears to the authority that a person has failed or is failing to comply with any requirement imposed by a notice, the authority may apply to the sheriff by way of application for an order requiring the person to comply with the requirement within such time as may be specified in the order. (9) A person who, without reasonable excuse, fails to comply with an order under subsection (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) Any order under section 94(1) of the Environmental Protection Act 1990 which had effect immediately before the coming into force of paragraph 21 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014—

• (a) is (so far as extending to Scotland) revived on the coming into force of this section, and

• (b) has effect on its revival as if made under section 94(1) of that Act as re-enacted with modifications by this section.

CHAPTER 2 — General

Consequential amendments, repeals and revocations

180

• (1) The Secretary of State may by regulations made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act other than Part 8.

• (2) The Treasury may by regulations made by statutory instrument make such provision as the Treasury considers appropriate in consequence of Part 8.

• (3) Regulations under subsection (1) or (2)—

• (a) may include transitional, transitory or saving provision;

• (b) may repeal, revoke or otherwise amend any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act).

• (4) A statutory instrument containing (whether alone or with other provision) regulations under this section that repeal, revoke or otherwise amend any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) A statutory instrument containing regulations under this section that do not repeal, revoke or otherwise amend any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In this section—

• “primary legislation” means—an Act;an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales;Northern Ireland legislation;

• “subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978;an instrument made under an Act of the Scottish Parliament;an instrument made under a Measure or Act of the National Assembly for Wales;an instrument made under Northern Ireland legislation.

Financial provision

181

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred under or by virtue of this Act by the Secretary of State;

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

182

• (1) Except as provided by subsections (2) to (6), this Act extends only to England and Wales.

• (2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 6, so far as relating to paragraphs 81, 95 and 96 of Schedule 1, and those paragraphs;

• (b) section 8(11);

• (c) section 9(3), so far as relating to paragraphs 108 and 121 of Schedule 2, and those paragraphs;

• (d) section 16, so far as relating to paragraphs 22 and 47(h)(i) of Schedule 5, and those paragraphs;

• (e) section 21(2) and (3);

• (f) section 29(8), so far as relating to paragraphs 1 to 5 of Schedule 7, and those paragraphs;

• (g) section 33(9), so far as relating to paragraphs 56(10), 59, 60, 61, 63, 64, 66, 68, 69 and 74 of Schedule 9, and those paragraphs;

• (h) section 35;

• (i) section 37(6);

• (j) section 45, so far as relating to paragraphs 6, 13 and 14 of Schedule 12, and those paragraphs;

• (k) section 46(10), so far as relating to paragraph 2 of Schedule 13, and that paragraph;

• (l) section 47, so far as relating to the inserted sections 50A(3) to (7) and 50B of the Police Act 1996;

• (m) section 50;

• (n) section 71;

• (o) section 76(3);

• (p) sections 116 to 119 and Schedules 15, 16 and 17;

• (q) sections 143 to 149 and 151 to 156;

• (r) section 157(5) and Schedule 19;

• (s) section 158;

• (t) sections 160 and 161;

• (u) section 163;

• (v) this Chapter.

• (3) The following provisions extend to England and Wales and Scotland (but not to Northern Ireland)—

• (a) section 6, so far as relating to paragraphs 11, 14, 20 to 22, 33, 35, 52, 55, 59 to 66, 72 to 75, 80 and 85 of Schedule 1, and those paragraphs;

• (b) section 7(8);

• (c) section 8(5) and (8);

• (d) section 9(3), so far as relating to paragraphs 30, 31, 33, 34, 48, 50, 74, 77, 80, 84 to 91, 99, 106 and 116 of Schedule 2, and those paragraphs;

• (e) section 29(8), so far as relating to paragraphs 6 to 14 of Schedule 7, and those paragraphs;

• (f) section 33(9), so far as relating to paragraphs 62 and 72 of Schedule 9, and those paragraphs;

• (g) section 39;

• (h) section 45, so far as relating to paragraphs 8, 12 and 17 of Schedule 12, and those paragraphs;

• (i) section 46(10), so far as relating to paragraphs 4 and 6 of Schedule 13, and those paragraphs;

• (j) section 49;

• (k) section 51, so far as relating to paragraphs (a), (b) and (d) of paragraph 7 of Schedule 14, and those paragraphs;

• (l) sections 84(2) to (5), 86 to 92 and 95;

• (m) sections 96(2) to (7), 98 to 104 and 106;

• (n) section 123;

• (o) sections 125 to 133.

• (4) The following provisions extend to England and Wales and Northern Ireland (but not to Scotland)—

• (a) section 51, so far as relating to paragraphs 2(2), 3(2) and (3)(d) and 5(b) and (c) of Schedule 14, and those paragraphs;

• (b) sections 68 and 69;

• (c) section 159.

• (5) The following provisions extend to Scotland only—

• (a) section 46(2) to (9);

• (b) sections 96(1) and (8), 97 and 105;

• (c) section 179.

• (6) The following provisions extend to Northern Ireland only—

• (a) Chapter 7 of Part 4;

• (b) sections 168(1) and (2) and 169 to 172;

• (c) section 174.

• (7) The power under section 60(4) of the UK Borders Act 2007 may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment made by or under this Act of any part of that Act (with or without modification).

Commencement

183

• (1) Except as provided by subsections (2) to (6), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (2) Chapter 7 of Part 4 comes into force on such day as the Department of Justice in Northern Ireland appoints by order.

• (3) Part 8 comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.

• (4) Sections 168 to 170 and 172 come into force on such day as the Department of Justice in Northern Ireland appoints by order.

• (5) The following provisions come into force on the day on which this Act is passed—

• (a) section 124;

• (b) sections 164, 165 and 167;

• (c) section 179;

• (d) this Chapter;

• (e) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make provision by subordinate legislation (within the meaning of the Interpretation Act 1978) or to issue codes of practice or guidance.

• (6) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) section 76;

• (b) section 157 and Schedule 19;

• (c) section 158;

• (d) sections 173 and 174;

• (e) section 176.

• (7) Regulations under subsection (1) or (3), or an order under subsection (2) or (4), may appoint different days for different purposes.

• (8) Before making regulations appointing a day for the coming into force of any provision of sections 96 to 106 the Secretary of State must consult the Scottish Ministers.

• (9) The Secretary of State may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act other than Chapter 7 of Part 4 , Part 8 or sections 168 to 172.

• (10) The Department of Justice in Northern Ireland may by order make such transitional, transitory or saving provision as it considers appropriate in connection with the coming into force of any provision of Chapter 7 of Part 4 .

• (11) The Treasury may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Treasury considers appropriate in connection with the coming into force of any provision of Part 8 .

• (12) The Department of Justice in Northern Ireland may by order make such transitional, transitory or saving provision as the Department of Justice in Northern Ireland considers appropriate in connection with the coming into force of sections 168, 169, 170 and 172.

• (13) The power to make regulations under subsection (9) or (11), or an order under subsection (10) or (12), includes power to make different provision for different purposes.

• (14) The powers conferred on the Department of Justice in Northern Ireland by subsections (2), (4), (10) and (12) are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Short title

184

This Act may be cited as the Policing and Crime Act 2017.

SCHEDULE 1

Part 1 — Amendments to the Fire and Rescue Services Act 2004

1

The Fire and Rescue Services Act 2004 is amended as follows.

2

Before section 1 insert— “ Fire and rescue authorities ”.

3

In section 1(4) (fire and rescue authorities) for the words from “sections” to the end substitute

— (a) sections 2 and 4 (schemes constituting combined fire and rescue authorities for particular areas), and (b) sections 4A and 4B (orders providing for police and crime commissioners to be fire and rescue authorities).

4

Before section 2 insert— “ Combined fire and rescue authorities ”.

5

After section 4 insert—

(4A) (1) The Secretary of State may by order provide— (a) for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and (b) for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority. (2) In subsection (1) “the relevant police area” means the police area which— (a) is the same as the area of the fire and rescue authority created by the order, or (b) if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together. (3) The whole of an area of a fire and rescue authority created by an order under this section must be— (a) within England, and (b) outside the metropolitan police district and the City of London police area. (4) An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State. (5) An order under this section may be made only if it appears to the Secretary of State that— (a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or (b) it is in the interests of public safety for the order to be made. (6) The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety. (7) In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section. (4B) (1) An order under section 4A may make alterations to the areas of fire and rescue authorities in England outside Greater London. (2) The alterations that may be made by virtue of subsection (1) include alterations that result in a reduction or an increase in the number of such areas. (3) An order under section 4A(1) may make provision for the abolition of— (a) a metropolitan county fire and rescue authority, (b) a combined fire and rescue authority constituted by a scheme under section 2, (c) a combined fire and rescue authority constituted by a scheme to which section 4 applies, or (d) a fire and rescue authority created by an order under section 4A(1). (4C) (1) This section applies if the Secretary of State makes an order under section 4A. (2) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from an existing fire and rescue authority (“the transferor”) to the fire and rescue authority created by the order (“the transferee”). (3) The things that may be transferred under a transfer scheme include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme; (c) criminal liabilities. (4) A transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee; (e) make provision for the shared ownership or use of property. (5) A transfer scheme may provide— (a) for the scheme to be modified by agreement after it comes into effect, and (b) for any such modifications to have effect from the date when the original scheme comes into effect. (6) In this section— (a) references to the transfer of property include the grant of a lease; (b) references to rights and liabilities include rights and liabilities under a contract of employment. (4D) (1) A person who is a fire and rescue authority created by an order under section 4A is to be paid allowances, in respect of expenses incurred by the person in the exercise of the authority's functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this subsection. (2) A determination under subsection (1) may make different provision for different cases. (3) Payments under subsection (1) are to be made by the fire and rescue authority. (4) A fire and rescue authority created by an order under section 4A must appoint a person to be responsible for the proper administration of the authority's financial affairs (a “chief finance officer”). (5) A fire and rescue authority created by an order under section 4A must appoint a person to act as chief finance officer of the authority if and so long as— (a) that post is vacant, or (b) the holder of that post is, in the authority's opinion, unable to carry out the duties of that post. (6) Section 113 of the Local Government Finance Act 1988 (qualifications of responsible officer) applies to a person appointed under subsection (4) or (5) as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section. (7) A fire and rescue authority created by an order under section 4A may— (a) appoint such other staff as the authority thinks appropriate to enable the authority to exercise the functions of the authority; (b) pay remuneration, allowances and gratuities to members of the authority's staff. (8) In subsection (7) “allowances”, in relation to a member of the authority's staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff. (9) A fire and rescue authority created by an order under section 4A may pay— (a) pensions to, or in respect of, persons who are or have been members of the authority's staff, and (b) amounts for or towards the provision of pensions to, or in respect of, persons who are or have been members of the authority's staff. (10) An order under section 4A may make provision— (a) about the delegation by the fire and rescue authority created by the order of the authority's functions to the person who is for the time being the relevant deputy police and crime commissioner; (b) about the further delegation of such functions by that person to a member of staff of the authority or of the relevant police and crime commissioner; (c) about the delegation by the authority of such functions to a member of staff of the authority or of the relevant police and crime commissioner. (11) In subsection (10)— - “the relevant deputy police and crime commissioner” means the deputy police and crime commissioner for the police area— 1. which corresponds to the area of the fire and rescue authority, or 2. within which the area of the fire and rescue authority falls; - “the relevant police and crime commissioner” means the police and crime commissioner for that police area. (12) References in subsection (10) to a member of staff of a police and crime commissioner are to any of the following persons appointed under Schedule 1 to the Police Reform and Social Responsibility Act 2011— (a) the commissioner's chief executive; (b) the commissioner's chief finance officer; (c) other staff. (13) Provision made under subsection (10) may— (a) enable the delegation of any of the functions of the fire and rescue authority; (b) enable the delegation of any of the functions of the authority other than those specified or described in the order; (c) enable the delegation of the functions of the authority specified or described in the order. (14) An order under section 4A may make provision about— (a) the personal liability of a person who is the fire and rescue authority created by the order for acts or omissions done by the person in the exercise of the authority's functions; (b) the personal liability of a person who is a member of staff of the fire and rescue authority created by the order for acts or omissions done by the person in the carrying out of duties as a member of staff. (15) A fire and rescue authority created by an order under section 4A may acquire land compulsorily. (16) The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land pursuant to subsection (15). (4E) (1) Each fire and rescue authority created by an order under section 4A must keep a fund to be known as the fire fund. (2) All of the receipts of a fire and rescue authority created by an order under section 4A must be paid into the relevant fire fund. (3) All of the expenditure of a fire and rescue authority created by an order under section 4A must be paid out of the relevant fire fund. (4) A fire and rescue authority created by an order under section 4A must keep accounts of payments made into or out of the relevant fire fund. (5) Subsections (2) and (3) are subject to the provisions of— (a) the scheme established under section 26 of the Fire Services Act 1947 (Firemen's Pension Scheme) (as continued in force by order under section 36), (b) a scheme under section 34 (pensions etc), or (c) scheme regulations within the meaning of the Public Service Pensions Act 2013. (6) In this section “relevant fire fund”, in relation to a fire and rescue authority created by an order under section 4A, means the fire fund which that authority keeps. (4F) (1) A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively. (2) A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section. (3) Subsections (4) and (5) apply if— (a) an order under section 4A has effect for the area of a fire and rescue authority, and (b) an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area— (i) which corresponds to the area of the fire and rescue authority, or (ii) within which the area of the fire and rescue authority falls. (4) The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner's appointment. (5) Accordingly— (a) all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and (b) any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner. (6) Subsection (7) applies if a person elected as police and crime commissioner for a police area— (a) is disqualified from being, or being elected as, a police and crime commissioner, or (b) is disqualified from being, or being elected as, the police and crime commissioner for that area. (7) Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified. (4G) (1) The transitional provision which may be made by an order under section 4A by virtue of section 60(2)(b) includes, in particular, provision of the kind described in the following provisions of this section. (2) An order under section 4A may make provision for a specified person to be the shadow fire and rescue authority for the area to which the order relates for a specified period. (3) A shadow fire and rescue authority is a person who has the specified functions of a fire and rescue authority in relation to that area, but is not otherwise the fire and rescue authority for that area. (4) An order under section 4A which includes provision by virtue of subsection (2) may make provision about the operation of any enactment in relation to— (a) the shadow fire and rescue authority, or (b) any other person to whom the enactment would otherwise apply. (5) This includes provision for the enactment to apply with modifications in relation to a person within subsection (4)(a) or (b). (6) An order under section 4A may make provision about the operation of the Local Government Finance Act 1992 in relation to the fire and rescue authority created by the order during a specified period beginning with the time when the authority becomes the fire and rescue authority for the area to which the order relates. (7) This includes provision for that Act to apply for that period with modifications in relation to— (a) the authority, or (b) any other person to whom that Act would otherwise apply. (8) Provision under subsection (4) or (6) may, in particular, make different provision for different parts of an authority's area. (9) In this section— (a) “specified” means specified in an order under section 4A; (b) “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; (c) references to the Local Government Finance Act 1992 include any provision made under that Act. (4H) (1) The Secretary of State may by order make provision about— (a) the delegation of functions of a fire and rescue authority created, or to be created, by an order under section 4A to the chief constable of the police force for the police area— (i) which corresponds to the area of the fire and rescue authority, or (ii) within which the area of the fire and rescue authority falls; (b) the delegation by such a chief constable of the chief constable's fire and rescue functions. (2) Provision made under subsection (1) may— (a) enable the delegation of any of the functions mentioned in that subsection; (b) enable the delegation of any of the functions mentioned in that subsection other than those specified or described in the order; (c) enable the delegation of such of the functions mentioned in that subsection as are specified or described in the order. (3) Provision made under subsection (1)(b) may enable delegation to— (a) members of the chief constable's police force; (b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011; (c) members of staff transferred to the chief constable under a scheme under section 4I(1); (d) members of staff appointed by the chief constable under section 4I(4). (4) An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State. (5) An order under this section may be made only if it appears to the Secretary of State that— (a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or (b) it is in the interests of public safety for the order to be made. (6) The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety. (7) In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes provision about the procedure for an order under this section which is not combined, or not proposed to be combined, with an order under section 4A (see in particular paragraph 7 of that Schedule). (8) In this section “fire and rescue functions”, in relation to a chief constable, means— (a) functions which are delegated to the chief constable under provision made under subsection (1)(a), and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment. (9) This section is subject to section 37 (prohibition on employment of police in fire-fighting). (4I) (1) If an order is made under section 4H, the Secretary of State may make one or more schemes for the transfer of property, rights and liabilities— (a) from a fire and rescue authority to the chief constable to whom the order applies, or (b) from that chief constable to the fire and rescue authority to which the order applies. (2) The fire and rescue authority mentioned in subsection (1)(a) may be one created by an order under section 4A or another kind of fire and rescue authority. (3) Subsections (3) to (6) of section 4C apply to a transfer scheme under subsection (2) as they apply to a transfer scheme under that section. (4) A chief constable to whom an order under section 4H applies may appoint staff for the purpose of the exercise of the chief constable's fire and rescue functions. (5) A chief constable to whom an order under section 4H applies may— (a) pay remuneration, allowances and gratuities to members of the chief constable's fire and rescue staff; (b) pay pensions to, or in respect of, persons who are or have been such members of staff; (c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff. (6) In subsection (5) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff. (7) Subject to subsections (8) to (10), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (4) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011. (8) Where an order under section 4H is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force's chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions. (9) Subsection (7) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions. (10) In subsection (9)— - “finance officer for fire functions” means a member of a chief constable's fire and rescue staff who— 1. is not a chief finance officer of the kind mentioned in subsection (8), and 2. is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions; - “finance officer for police functions” means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who— 1. is not a chief finance officer of the kind mentioned in subsection (8), and 2. is employed to carry out duties relating to the proper administration of a police force's financial affairs. (11) Where an order under section 4H is in force, the fire and rescue authority to which the order applies must pay— (a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff; (b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings; (c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff, if the settlement is approved by the authority. (12) Where an order under section 4H is in force, the fire and rescue authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay— (a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff; (b) costs incurred and not recovered by such a member of staff in such proceedings; (c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings. (13) In this section— - “fire and rescue functions” has the same meaning as in section 4H; - “fire and rescue staff”, in relation to a chief constable to whom an order under section 4H applies, means— 1. staff transferred to the chief constable under a scheme under subsection (1), and 2. staff appointed by the chief constable under subsection (4). (4J) (1) This section applies if— (a) an order under section 4H makes provision in relation to the area of a fire and rescue authority, and (b) under the order, functions of the fire and rescue authority are delegated to the chief constable of the police force for the police area— (i) which corresponds to the area of the fire and rescue authority, or (ii) within which the area of the fire and rescue authority falls. (2) The chief constable must secure that good value for money is obtained in exercising— (a) functions which are delegated under the order, and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment. (3) The chief constable must secure that persons exercising functions delegated by the chief constable under the order obtain good value for money in exercising those functions. (4) The fire and rescue authority must— (a) secure the exercise of the duties which are delegated to the chief constable under the order, (b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment, (c) secure that functions which are delegated to the chief constable under the order are exercised efficiently and effectively, and (d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively. (5) The fire and rescue authority must hold the chief constable to account for the exercise of such functions. (4K) (1) If an order is made under section 4H(1)(b) that enables delegation to members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision. (2) If an order is made under section 4H(1)(b) that enables delegation to members of staff transferred to a chief constable under a scheme under section 4I(1) or appointed by a chief constable under section 4I(4), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff. (3) The provision referred to in subsection (2) is— (a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002; (b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act. (4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002. (5) Before making an order under this section the Secretary of State must consult— (a) the Police Advisory Board for England and Wales, (b) the Independent Police Complaints Commission, (c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and (e) such other persons as the Secretary of State considers appropriate. (4L) (1) The Secretary of State may by order— (a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2); (b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment. (2) Those persons are— (a) a chief constable of a police force for a police area to whom an order under section 4H applies, (b) a member of staff transferred to such a chief constable under a scheme under section 4I(1), (c) a member of staff appointed by such a chief constable under section 4I(4), (d) a member of such a chief constable's police force to whom functions have been delegated by virtue of section 4H(1)(b), and (e) a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) to whom functions have been delegated by virtue of section 4H(1)(b). (3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision. (4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1). (5) In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority). This includes an enactment contained in this Act. (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made. (4M) (1) Schedule A2 makes provision about the application, in relation to a fire and rescue authority created by an order under section 4A, of legislation relating to police and crime commissioners. (2) The Secretary of State may by order— (a) apply (with or without modifications) any provision of a local policing enactment in relation to a fire and rescue authority created by an order under section 4A; (b) make, in relation to a fire and rescue authority created by an order under section 4A, provision corresponding or similar to any provision of a local policing enactment. (3) The power conferred by subsection (2)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision. (4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (2). (5) In this section “local policing enactment” means an enactment relating to a police and crime commissioner. (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

6

Before section 5A insert— “ Powers of certain fire and rescue authorities ”.

7

In section 5A (powers of certain fire and rescue authorities) in subsection (3) (authorities to which powers apply)—

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

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

, or (e) created by an order under section 4A.

8

After section 5L insert—

(5M) In this Part— - “City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force; - “metropolitan police district” means that district as defined in section 76 of the London Government Act 1963; - “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

9

In section 21 (Fire and Rescue National Framework) after subsection (2) insert—

(2A) The Framework may contain different provision for different descriptions of fire and rescue authority.

10

After section 25 (but before the italic heading before section 26) insert—

(25A) A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area— (a) which corresponds to the area of the fire and rescue authority, or (b) within which the area of the fire and rescue authority falls.

11

In section 34 (pensions etc) after subsection (10) insert—

(11) References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been— (a) transferred to the chief constable under a scheme made under section 4I(1), or (b) appointed by the chief constable under section 4I(4). (12) References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).

12

For section 37 (prohibition on employment of police) substitute—

(37) (1) No member of a police force may be employed by a fire and rescue authority or a relevant chief constable for the purpose of— (a) extinguishing fires, or (b) protecting life and property in the event of fires. (2) Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by— (a) a relevant chief constable, or (b) a deputy chief constable to whom such functions have been delegated by a relevant chief constable. (3) In this section “relevant chief constable” means the chief constable of a police force for a police area to whom functions of a fire and rescue authority have been delegated under an order under section 4H.

13

Before Schedule 1 insert—