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

(3) The appointment of a person as a Deputy Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Commanders

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(1) The metropolitan police force must have one or more Commanders.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Commander.

(3) The appointment of a person as a Commander is subject to regulations under section 50 of the Police Act 1996.

Suspension and removal of Commissioner and Deputy Commissioner

48

(1) The Mayor's Office for Policing and Crime may, with the approval of the Secretary of State—

(a) suspend the Commissioner of Police of the Metropolis from duty, or

(b) suspend the Deputy Commissioner of Police of the Metropolis from duty.

(2) If the Mayor's Office for Policing and Crime suspends the Commissioner, or Deputy Commissioner, from duty, that Office must notify the Secretary of State of the suspension.

(3) The Mayor's Office for Policing and Crime may, subject to subsections (5) and (6), and with the approval of the Secretary of State—

(a) call upon the Commissioner of Police of the Metropolis to resign or retire, or

(b) call upon the Deputy Commissioner of Police of the Metropolis to resign or retire.

(4) The Commissioner, or Deputy Commissioner, must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon the Commissioner, or Deputy Commissioner, to retire or resign, the Mayor's Office for Policing and Crime must—

(a) give the police officer a written explanation of the reasons why the Office is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(6) The Mayor's Office for Policing and Crime must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the Commissioner, or Deputy Commissioner, to retire or resign.

(7) This section is subject to regulations under section 50 of the Police Act 1996.

(8) This section is without prejudice to—

(a) section 42(2);

(b) section 43(3); or

Suspension and removal of other senior metropolitan police officers

49

(1) The Commissioner of Police of the Metropolis may suspend a senior metropolitan police officer from duty.

(2) If the Commissioner suspends a senior metropolitan police officer from duty, the Commissioner must notify the Mayor's Office for Policing and Crime of the suspension.

(3) The Commissioner of Police of the Metropolis may, subject to subsection (5), and after consulting the Mayor's Office for Policing and Crime, call upon a senior metropolitan police officer to resign or retire.

(4) A senior metropolitan police officer must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must—

(a) give the police officer a written explanation of the reasons why the Commissioner is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(6) This section is subject to regulations under section 50 of the Police Act 1996.

(7) This section is without prejudice to regulations under the Police Pensions Act 1976.

(8) In this section “senior metropolitan police officer” means any of the following—

(a) an Assistant Commissioner of Police of the Metropolis;

(b) a Deputy Assistant Commissioner of Police of the Metropolis;

CHAPTER 6 — Police and crime commissioners: elections and vacancies

Holding of elections

Ordinary elections

50

(1) An election of police and crime commissioners for all police areas (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at the ordinary election of police and crime commissioners in 2012 is to be held on 15 November 2012.

(3) The poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on the first Thursday in May in the year of the election.

(4) But, if the Secretary of State ... so specifies in an order, the poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on such day in the year of the election as may be specified in the order.

(5) An order under subsection (4)—

(a) may not specify, as the day of a poll, a day which is before the first Thursday in May in the year of the election;

(b) may not be made within the period of six months ending with the first Thursday in May in the year of the election (or the first of the elections) to which the order relates.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The term of office of a person elected as a police and crime commissioner at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of police and crime commissioners.

(8) Subsection (7) is subject to any provision of or made under this or any other Act relating to the appointment or election of police and crime commissioners or their ceasing to hold office.

Election to fill vacancy in office of commissioner

51

(1) This section applies where a vacancy occurs in the office of police and crime commissioner for a police area.

(2) An election must be held to fill the vacancy.

(3) The police area returning officer must fix the date of the poll at the election.

(4) The date fixed must be not more than 35 days after the relevant event (computed in accordance with section 73).

(5) For the purposes of subsection (4), “the relevant event” means—

(a) in a case where the High Court or the appropriate officer has declared the office to be vacant, the making of that declaration;

(b) in any other case, the giving of notice of the vacancy to the appropriate officer by two or more relevant electors.

(6) A person is a relevant elector for the purposes of subsection (5) in relation to a police area in England if the person is registered in a register of local government electors in respect of an address within the police area.

(6A) A person is a relevant elector for the purposes of subsection (5) in relation to a police area in Wales if subsection (6B) or (6C) applies.

(6B) This subsection applies if—

(a) the person is registered in a register of parliamentary electors in respect of an address within the police area, and

(b) the registration is not in pursuance of an overseas elector's declaration.

(6C) This subsection applies if—

(a) the person is —

(i) disqualified as a peer from voting as an elector at parliamentary elections, or

(ii) a qualifying EU citizen, or an EU citizen with retained rights, who has attained the age of 18, and

(b) the person is registered in a register of local government electors in respect of an address within the police area.

(7) If the vacancy occurs within the period of six months ending with the day of the poll at the next ordinary election of police and crime commissioners—

(a) no election is to be held under subsection (2) in respect of the vacancy, and

(b) accordingly, the office is to be left unfilled until that ordinary election.

(8) The term of office of a person elected as a police and crime commissioner for a police area at an election to fill a vacancy in the office—

(a) begins immediately the person is declared to be elected as police and crime commissioner for the area;

(b) ends at the time when it would have ended had the person been elected at the most recent ordinary election of police and crime commissioners.

(9) In the case of a vacancy occurring in consequence of the failure of, or other irregularity in relation to, an election, subsections (3) and (4) have effect subject to any provision made by an order under section 58.

Persons entitled to vote

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(1) A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area in England if on the date of the poll—

(a) the person would be entitled to vote as an elector at a local government election in an electoral area wholly or partly comprised in the police area, and

(b) the address in respect of which the person is registered in the register of local government electors for that electoral area is within the police area.

(1A) A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area in Wales if subsection (1B) or (1C) applies.

(1B) This subsection applies if on the date of the poll—

(a) the person would be entitled to vote as an elector at a parliamentary election in a constituency wholly or partly comprised in the police area,

(b) the address in respect of which the person is registered in the register of parliamentary electors for that constituency is within the police area, and

(1C) This subsection applies if on the date of the poll—

(a) the person is —

(i) disqualified as a peer from voting as an elector at parliamentary elections, or

(ii) a qualifying EU citizen, or an EU citizen with retained rights, who has attained the age of 18,

(b) the person would be entitled to vote as an elector at a local government election in an electoral area wholly or partly comprised in the police area, and

(c) the address in respect of which the person is registered in the register of local government electors for that electoral area is within the police area.

(2) A person is not entitled to vote as an elector more than once in the same police area at any election of a police and crime commissioner.

Public awareness about elections: role of Electoral Commission

53

The Electoral Commission must, in relation to—

(a) each ordinary election of police and crime commissioners under section 50,

(b) each election to fill a vacancy in the office of police and crime commissioner for a police area under section 51,

take such steps as it considers appropriate to raise public awareness about the election and how to vote in it.

Conduct of elections

Returning officers etc

54

(1) The returning officer for an election of a police and crime commissioner for a police area (“the police area returning officer”) is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the Representation of the People Act 1983 (acting returning officer for parliamentary election) for a constituency falling wholly or partly within the police area, and

(b) is designated for the purposes of this subsection by order of the Secretary of State ....

(2) The Secretary of State ... may by regulations confer functions—

(a) on police area returning officers, and

(b) on local returning officers.

(3) Regulations under subsection (2) may apply or incorporate, with or without modifications or exceptions, any relevant provision.

(4) Each relevant local authority must place the services of its officers at the disposal of any person on whom functions are conferred under subsection (2) in relation to the police area for the purpose of assisting that person in the discharge of those functions.

(5) In this section—

“local authority” means—a district council,a county council in England for a county in which there are no district councils,the Council of the Isles of Scilly,a county council or county borough council in Wales;

“local election” means an election of members of a local authority;

“local returning officer” means a person who, by virtue of section 35 of the Representation of the People Act 1983, is a returning officer for any local elections;

“relevant local authority”, in relation to a police area, means a local authority whose area falls wholly or partly within the police area;

“relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—the Representation of the People Acts,the Local Government Act 1972,the Local Government Act 2000,the Political Parties, Elections and Referendums Act 2000,...the Government of Wales Act 2006, andany other enactment relating to parliamentary elections ... or local government elections.

Returning officers: expenditure

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(1) A returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election of a police and crime commissioner if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election, and

(b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State, with the consent of the Treasury, for the purposes of this subsection.

(2) An order under subsection (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description.

(3) Subject to subsection (4), the returning officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.

(4) In a particular case the Secretary of State may authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the Secretary of State is satisfied that the conditions in subsection (5) are met.

(5) Those conditions are—

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this section is to be paid by the Secretary of State on an account being submitted to the Secretary of State.

(7) But the Secretary of State may, before payment, apply for the account to be taxed under section 56.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at an election of a police and crime commissioner, then on an account being submitted to the Secretary of State a sum equal to the increase must be paid to the authority by the Secretary of State.

(9) On the request of a returning officer for an advance on account of the officer's charges, the Secretary of State may make such an advance on such terms as the Secretary of State thinks fit.

(10) The Secretary of State may by regulations make provision as to—

(a) the time when, and

(b) the manner and form in which,

accounts are to be rendered to the Secretary of State for the purposes of the payment of a returning officer's charges.

(11) Any sums required by the Secretary of State for making payments under this section are to be charged on, and paid out of, the Consolidated Fund.

(12) In this section—

“local authority” has the same meaning as in section 54;

“local returning officer” has the same meaning as in that section;

“returning officer” means—a police area returning officer, ora local returning officer on whom functions are conferred under subsection (2) of section 54;

“specified” means specified in, or determined in accordance with, an order under subsection (1).

Taxation of returning officer’s account

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(1) Any application under section 55(7) for a returning officer's account to be taxed is to be made to the county court.

(2) On any such application the court has jurisdiction—

(a) to tax the account—

(i) in such manner, and

(ii) at such time and place,

as the court thinks fit, and

(b) finally to determine the amount payable to the returning officer.

(3) On any such application the returning officer may apply to the court to examine any claim made by any person against the officer in respect of matters charged in the account.

(4) Where an application is made in respect of a claim under subsection (3)—

(a) notice of the application must be given to the claimant;

(b) the court must give the claimant an opportunity to be heard and to tender any evidence;

(d) the determination of the court is final for all purposes and as against all persons.

(5) In this section “returning officer” has the same meaning as in section 55.

Voting at elections of police and crime commissioners

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(1) This section applies to any election under this Chapter of a police and crime commissioner for a police area.

(2) The commissioner is to be returned under the simple majority system....

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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make provision about elections etc

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(1) The Secretary of State ... may by order make provision as to—

(a) the conduct of elections of persons to be police and crime commissioners;

(b) the questioning of such an election and the consequences of irregularities.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a) about registration of electors;

(b) for disregarding alterations in a register of electors;

(c) about the registration or other recognition of political parties and other persons incurring expenditure in relation to elections of police and crime commissioners;

(d) about funding and expenditure, in relation to elections of police and crime commissioners, of candidates, political parties and other persons incurring such expenditure;

(e) for the combination of polls at elections of police and crime commissioners and other polls;

(f) for any election held in consequence of any irregularity at an ordinary election to be treated as held at an ordinary election for any of the purposes of this Act.

(3) An order under subsection (1) may—

(a) apply or incorporate, with or without modifications or exceptions, any relevant provision;

(b) modify any form contained in any relevant provision so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for police and crime commissioners;

(4) Provision within paragraph (d) of subsection (2) includes, in particular—

(a) provision prohibiting, or imposing limitations on, funding or expenditure of any kind mentioned in that paragraph, and

(b) provision for treating funding or expenditure of any such kind which does not relate exclusively to an election of police and crime commissioners as being (or not being), wholly or partly, funding or expenditure in relation to which—

(i) any provision within paragraph (a) applies, or

(ii) any relevant provision applies.

(5) The Secretary of State ... may by order make modifications of any relevant provision that are consequential on any provision of—

(a) section 1(4),

(b) this Chapter,

(d) regulations under section 54.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Provision that may be made under subsection (5) includes, in particular, provision modifying any relevant provision so as to apply (with or without modifications)—

(a) in relation to elections for police and crime commissioners as it applies in relation to other elections;

(b) in relation to police and crime commissioners as it applies in relation to persons elected at other elections.

(7) In this section—

“relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—the Representation of the People Acts,the Local Government Act 1972,the Local Government Act 2000,the Political Parties, Elections and Referendums Act 2000,...the Government of Wales Act 2006, andany other enactment relating to parliamentary elections ... or local government elections;

“modify” includes amend, repeal or revoke (and related terms are to be read accordingly).

Vacancy in office of police and crime commissioner

Date of vacancy in office of commissioner

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(1) For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—

(a) in the case of a vacancy in consequence of the failure of, or other irregularity in relation to, an election, at the time specified in an order under section 58;

(b) in the case of resignation, on receipt of the notice of resignation by the appropriate officer;

(d) in any case within subsection (2), on the date on which the office of police and crime commissioner for the police area is declared to have been vacated by the High Court or by the appropriate officer, as the case may be.

(e) in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc).

(2) The cases referred to in subsection (1)(d) are—

(a) where the person elected as police and crime commissioner fails to make and deliver a declaration of acceptance of office in accordance with section 70;

(b) where a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months);

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police area.

(2A) In a case where subsection (1)(e) and (d) (in the case of a disqualification by virtue of section 66(3)(c)) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(e).

(3) The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.

(4) The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.

(5) Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.

Declaration of vacancy in certain cases

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(1) Subsection (2) applies where—

(a) a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police area,

(b) the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or

(2) The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

(a) it has been declared vacant by the High Court, or

(b) an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.

Resignation of commissioner

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(1) A police and crime commissioner may at any time resign office by giving notice to the appropriate officer.

(2) Any such resignation takes effect on the officer's receipt of the notice.

Vacancy or incapacity

Appointment of acting commissioner

62

(1) The police and crime panel for a police area must appoint a person to act as police and crime commissioner for that area (the “acting commissioner”) if—

(a) no person holds the office of police and crime commissioner for that area,

(b) the police and crime commissioner for that area is incapacitated, or

(2) The police and crime panel may appoint a person as acting commissioner only if the person is a member of the police and crime commissioner's staff at the time of the appointment.

(3) In appointing a person as acting commissioner in a case where the police and crime commissioner is incapacitated, the police and crime panel must have regard to any representations made by the commissioner in relation to the appointment.

(4) All the functions of a police and crime commissioner are exercisable by an acting commissioner, apart from issuing or varying a police and crime plan under section 5.

(5) Any property or rights vested in the police and crime commissioner may be dealt with by the acting commissioner as if vested in the acting commissioner.

(6) The appointment of an acting commissioner ceases to have effect upon the occurrence of the earliest of these events—

(a) the election of a person as police and crime commissioner;

(b) the termination by the police and crime panel, or by the acting commissioner, of the appointment of the acting commissioner;

(c) in a case where the acting commissioner is appointed because the police and crime commissioner is incapacitated, the commissioner ceasing to be incapacitated;

(d) in a case where the acting commissioner is appointed because the police and crime commissioner is suspended, the commissioner ceasing to be suspended.

(7) In a case where—

(a) the acting commissioner is appointed because the police and crime commissioner is incapacitated or suspended, and

(b) a vacancy subsequently occurs in the office of police and crime commissioner,

the occurrence of that vacancy does not affect the appointment of the acting commissioner (and accordingly subsection (6)(c) or (d) does not apply).

(8) For the purposes of this section—

(a) a police and crime commissioner is incapacitated if the commissioner is unable to exercise the functions of commissioner, except where the commissioner is unable to exercise those functions only because the commissioner has yet to give a declaration of office under section 70; and

(b) it is for the police and crime panel for a police area to determine whether or not the police and crime commissioner for that area is incapacitated.

(9) Subject to subsection (4), a reference in any enactment to a police and crime commissioner includes a reference to an acting commissioner.

Vacancy where acting commissioner acts for 6 months

63

(1) Subsection (2) applies where—

(a) an acting commissioner is appointed under section 62 to act for the police and crime commissioner for a police area because the police and crime commissioner is incapacitated, and

(b) the police and crime commissioner does not cease to be incapacitated during the period of 6 months beginning with the day on which the acting commissioner is appointed.

(2) At the end of that 6 month period—

(a) the police and crime commissioner ceases to be police and crime commissioner, and

(b) accordingly, the office of police and crime commissioner for that police area becomes vacant.

Disqualification

Disqualification from election as police and crime commissioner

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(1) A person is disqualified from being elected to the office of police and crime commissioner for a police area in England at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at the election, and

(b) on each relevant day, the person is registered in the register of local government electors for an electoral area in respect of an address in the police area.

(1A) A person is disqualified from being elected to the office of police and crime commissioner for a police area in Wales at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at the election, and

(b) on each relevant day subsection (1B) or (1C) applies.

(1B) This subsection applies if—

(a) the person is registered in a register of parliamentary electors in respect of an address within the police area, and

(b) the registration is not in pursuance of an overseas elector's declaration.

(1C) This subsection applies if—

(a) the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a qualifying EU citizen or an EU citizen with retained rights, and

(b) the person is registered in a register of local government electors in respect of an address within the police area.

(2) In this section “relevant day”, in relation to a person who is a candidate at an election, means—

(a) the day on which the person is nominated as a candidate at the election;

(b) the day of the poll at the election.

(3) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person has been nominated as a candidate for election as police and crime commissioner for any other police area at that election.

(3A) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person—

(a) has been nominated as a candidate for election as mayor for the area of a combined authority at an election to be held on the same day; and

(b) by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, the mayor would exercise functions of a police and crime commissioner in relation to the area.

(4) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

(a) the person is police and crime commissioner for any other police area, or

(b) the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.

(4A) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

(a) the person is a mayor who, by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, exercises functions of a police and crime commissioner for the area of a combined authority; or

(b) the person has been nominated as a candidate for election as a mayor who, by virtue of such an order, would exercise such functions and the election would take place on the same day.

Disqualification from election or holding office as police and crime commissioner: police grounds

65

(1) A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a) is disqualified from being a member of the House of Commons under section 1(1)(d) of the House of Commons Disqualification Act 1975 (members of police forces for police areas in the United Kingdom);

(b) is a member of—

(i) the British Transport Police Force;

(ii) the Civil Nuclear Constabulary;

(i) under section 27 of the Police Act 1996 for a police area or the City of London police area;

(ii) under section 25 of the Railways and Transport Safety Act 2003 (British Transport Police Force);

(d) is a member of staff of the chief officer of police of any police force maintained for a police area;

(e) is a member of staff of—

(i) a police and crime commissioner;

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

(f) is the Mayor of London;

(g) is a member of the Common Council of the City of London or a member of staff of that Council in its capacity as a police authority;

(h) is a member (including a member who is chairman or chief executive), or member of staff, of—

(i) the British Transport Police Authority;

(ii) the Civil Nuclear Police Authority;

(iii) the Independent Office for Police Conduct;

(iv) the Serious Organised Crime Agency;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) any body mentioned in paragraph (h);

(iii) the chief officer of police for any police force maintained for a police area or the City of London police area;

(iv) the chief officer of police for any police force mentioned in paragraph (b).

(1A) Subsection (1)(e)(i) does not prevent a deputy police and crime commissioner—

(a) from being elected as police and crime commissioner at an ordinary election of police and crime commissioners;

(b) from being elected at an election held under section 51 to fill a vacancy in the office of police and crime commissioner if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as police and crime commissioner under section 62.

(2) In this section, “member of staff”, in relation to any person (“A”), includes a person (“B”) who works for A—

(a) under a contract of employment,

(b) under a contract for services, or

and for this purpose B works for A if B provides services for A under the direction and control of A.

(3) In subsection (1)(i), the reference to an entity under the control of a local policing body or other body or a chief officer of police is to be construed in accordance with regulations made by the Secretary of State ....

(4) In its application in relation to the first election of a police and crime commissioner to be held for a police area, this section applies as if—

(a) for paragraphs (d) to (g) of subsection (1) there were substituted—

(d) any member, or member of staff, of a police authority within the meaning of the Police Act 1996 (see section 101 of that Act);

, and

(b) for paragraph (i)(i) of that subsection there were substituted—

(i) a police authority within the meaning of the Police Act 1996.

Disqualification from election or holding office as police and crime commissioner: other grounds

66

(1) A person is disqualified from being elected as, or being, a police and crime commissioner unless the person satisfies the citizenship condition (see section 68).

(2) A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a) is disqualified from being a member of the House of Commons under section 1(1)(a) to (c) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces), or

(b) is a member of the legislature of any country or territory outside the United Kingdom.

(3) A person is disqualified from being elected as, or being, a police and crime commissioner if—

(a) the person is the subject of—

(i) a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986;

(ii) an interim debt relief restrictions order under paragraph 5 of that Schedule;

(iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act;

(iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule;

(b) a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act;

(c) the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence); ...

(d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices); or

(e) the person is incapable of being elected to or holding the office of—

(i) member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii) member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

(4) For the purpose of subsection (3)(c)—

(a) “imprisonable offence” means an offence—

(i) for which a person who has attained the age of 18 years may be sentenced to a term of imprisonment, or

(ii) for which, in the case of such a person, the sentence is fixed by law as life imprisonment;

(b) a person is to be treated as having been convicted—

(i) on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or

(ii) if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.

(5) A person is disqualified from being elected as, or being, police and crime commissioner for a police area if the person—

(a) is a member of staff of a relevant council, or

(b) holds any employment in an entity which is under the control of a relevant council within subsection (7)(a), (b), (c) or (f).

(6) For this purpose—

“member of staff” has the same meaning as in section 65;

“relevant council”, in relation to a police area, means a council within subsection (7) for an area which, or any part of which, lies within the police area.

(7) Those councils are—

(a) a county council;

(b) a county borough council;

(d) a parish council;

(e) a community council;

(f) the Council of the Isles of Scilly.

(8) In subsection (5)(b), the reference to an entity under the control of a relevant council is to be construed in accordance with regulations made by the Secretary of State ....

(9) Nothing in subsection (5) is to be taken to disqualify a person by virtue of being a teacher, or otherwise employed, in a school or other educational institution maintained or assisted by a relevant council.

(10) Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.

(11) A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—

(a) a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,

(b) a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or

(12) A person is disqualified from being elected as, or being, police and crime commissioner if the person—

(a) is the London Fire Commissioner, or

(b) is a member of the staff of the London Fire Commissioner.

Disqualification of person holding office as police and crime commissioner

67

A person becomes disqualified from being a police and crime commissioner upon becoming a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

Citizenship condition

68

(1) This section applies for the purposes of section 66.

(2) A person satisfies the citizenship condition if the person is—

(a) a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(3) For the purposes of this section, a person is a qualifying Commonwealth citizen if the person is a Commonwealth citizen and—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is a person who requires such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4) But a person who does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases) is not a qualifying Commonwealth citizen by virtue of subsection (3)(a).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validity of acts

69

The acts of a person elected as police and crime commissioner for a police area under this Chapter who acts in that office are, despite any disqualification—

(a) from being, or being elected as, a police and crime commissioner, or

(b) from being, or being elected as police and crime commissioner for that area,

as valid and effectual as if the person had not been so disqualified.

Elections: further provision

Declaration of acceptance of office of police and crime commissioner

70

(1) A person elected to the office of police and crime commissioner for any police area may not act in that office unless the person has—

(a) made a declaration of acceptance of the office in a form specified in an order made by the Secretary of State ..., and

(b) delivered the declaration to the appropriate officer,

in each case, when not ineligible by virtue of subsection (5).

(2) If the person fails to make and deliver a declaration in accordance with subsection (1) within the period of two months beginning with the day after the election, the office of police and crime commissioner for that area becomes vacant at the end of the period.

(3) Any declaration made under this section must be made before—

(a) the appropriate officer;

(b) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man, or

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.

(5) A person is ineligible to make or give a declaration of acceptance of office under this section in respect of the office of police and crime commissioner for a police area at any time when the person is a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

(6) No salary, and no payment towards the provision of superannuation benefits, is to be paid under this Act to or in respect of a police and crime commissioner until the commissioner has complied with the requirements of subsection (1).

(7) Subsection (6) does not affect any entitlement of a police and crime commissioner to payments in respect of the period before the commissioner complies with the requirements of subsection (1) once the commissioner has complied with those requirements.

Judicial proceedings as to disqualification or vacancy

71

(1) Any person who claims that a person purporting to be a police and crime commissioner for a police area is, or at any time since being elected has been, disqualified—

(a) from being a police and crime commissioner; or

(b) from being police and crime commissioner for the police area,

may apply to the High Court for a declaration to that effect, and that accordingly the office of police and crime commissioner for the area is vacant.

(2) An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was elected or to have arisen subsequently.

(3) No declaration may be made under this section in respect of any person on grounds which subsisted when the person was elected, if an election petition under an order under section 58 is pending or has been tried in which the person's disqualification on those grounds is or was in issue.

(4) Any person who claims that a person purporting to be a police and crime commissioner for a police area has ceased to be the police and crime commissioner for the police area by virtue of—

(a) section 63, or

(b) section 70,

may apply to the High Court for a declaration to that effect.

(5) On an application under this section—

(a) the person in respect of whom the application is made is to be the respondent, and

(b) the applicant must give such security for the costs of the proceedings as the court may direct.

(6) The amount of the security may not exceed £5,000 or such other sum as the Secretary of State ... may specify by order.

(7) The decision of the court on an application under this section is final.

Amendment of police areas: term of office of commissioner

72

(1) Subsection (2) applies where a person becomes police and crime commissioner for a resulting police area by virtue of, or of an election required to be held by, a police area alteration order.

(2) The person's term of office as police and crime commissioner ends at the time when it would end had the person been elected as police and crime commissioner at the previous ordinary election of commissioners in England or, as the case may be, Wales.

(3) In this section—

“police area alteration order” means—an order under section 32 of the Police Act 1996 (power to alter police areas by order);an order under section 10 of the Local Government and Public Involvement in Health Act 2007 (implementation of Boundary Committee for England review of local government areas) which alters the boundary of any police area in England;an order under section 45 of the Democracy and Boundary Commission Cymru etc. Act 2013 (recommendations for changes to police areas) which alters the boundary of any police area in Wales;

“resulting police area”, in relation to a police area alteration order, means a police area existing immediately after the order comes into force—which is created by the order, orany part of whose boundary results from the order.

(4) References in this section to the coming into force of a police area alteration order are references to the changes in police areas made by the order taking effect.

Computation of time and timing of elections etc

73

(1) Subsection (2) applies where the day, or the last day, on which anything is required or permitted to be done by or under section 50, 51 or 70 is not a business day.

(2) The requirement or permission is deemed to relate instead to the first business day after that day.

(3) Where under subsection (2) the day of an election is postponed, the day to which it is postponed is to be treated as the day of election for the purpose of—

(a) any provision of, or made under, this Act, or

(b) any relevant provision (within the meaning of section 58).

(4) Any day which is not a business day is to be disregarded in computing any period of time for the purpose of section 51.

(5) In this section, “business day” means a day other than—

a Saturday,

a Sunday,

Christmas Eve,

Christmas Day,

Good Friday,

a bank holiday, or

a day appointed for public thanksgiving or mourning.

Elections: consequential amendments

74

Schedule 10 (consequential amendments relating to elections of persons as police and crime commissioners) has effect.

The appropriate officer

75

(1) For each police area, other than the metropolitan police district, the Secretary of State ... must by order designate a local authority.

(2) In this Chapter, the “appropriate officer”, means—

(a) in relation to a police area in England, the head of paid service of the local authority designated for that police area;

(b) in relation to a police area in Wales, the chief executive of the local authority designated for that police area.

(3) In this section—

“chief executive” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;

“local authority” means—a district council,a county council in England for a county in which there are no district councils,the Council of the Isles of Scilly,a county council or county borough council in Wales;

“head of paid service”, in relation to a council in England, means the person designated by the council under section 4(1)(a) of the Local Government Act 1989.

Interpretation of Chapter 6

76

In this Chapter, the following terms have the following meanings, unless the context otherwise requires—

“appropriate officer” has the meaning given by section 75;

“elector”—in relation to an election of a police and crime commissioner, means a person entitled to vote at the election;in relation to a local government election, has the same meaning as in the Representation of the People Act 1983 (see section 202 of that Act);

“electoral area” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);

“local government election” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);

“local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

“ordinary election” has the meaning given in section 50;

“police area returning officer” has the meaning given by section 54.

CHAPTER 7 — Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities

The strategic policing requirement

77

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

(37A) (1) The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are— (a) national threats at the time the document is issued, and (b) appropriate national policing capabilities to counter those national threats. (2) A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement. (3) Before issuing the strategic policing requirement, the Secretary of State— (a) must obtain the advice of— (i) such persons as appear to the Secretary of State to represent the views of chief officers of police, and (ii) such persons as appear to the Secretary of State to represent the views of local policing bodies, and (b) must consult such other persons as the Secretary of State thinks fit. (4) The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces). (5) References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces— (a) to exercise one or more functions to counter that threat, (b) to exercise one or more functions in one or more particular ways to counter that threat, or (c) to exercise one or more functions in accordance with common operational standards to counter that threat. (6) In this section— - “England and Wales police force” means— 1. a police force maintained under section 2, 2. the metropolitan police force, and 3. the City of London police force; - “national threat” means a threat (whether actual or prospective) which is— 1. a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or 2. a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.

Duties and powers of Secretary of State

General duty of Secretary of State

78

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

Policing protocol

79

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

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

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

(a) vary the policing protocol, or

(b) replace the policing protocol.

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

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

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

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

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

(6) In this section—

“police and crime panel” means—each police and crime panel established in accordance with Schedule 6 (police areas outside London);the London Assembly's police and crime panel (see section 32);

“policing protocol” means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State's view) exercise, or refrain from exercising, functions so as to—encourage, maintain or improve working relationships (including co-operative working) between relevant persons, orlimit or prevent the overlapping or conflicting exercise of functions;

“relevant persons” means—the Secretary of State in the exercise of policing functions;each elected local policing body;the chief officer of each police force maintained by an elected local policing body;police and crime panels.

Obtaining advice from representative bodies

80

(1) The Secretary of State may, in connection with the exercise by the Secretary of State of any function relating to the police or policing, require a representative body to give the Secretary of State advice on any matter.

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

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

(4) In a case where—

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

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

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

(5) In this section “representative body” means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.

Abolition of certain powers of Secretary of State

81

In the Police Act 1996, omit—

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

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

Suspension and removal of senior police officers

82

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

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

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

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

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

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

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

(6) In subsection (2A), for the words from “notice” (in the second place) to the end substitute “ notice to the Mayor's Office for Policing and Crime. ”.

(7) In subsection (3A)—

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

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

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

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

(10) For subsection (4A) substitute—

(4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign— (a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and (b) section 48(5) of the 2011 Act does not apply.

(11) Omit subsection (4C).

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

(2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising— (a) powers of suspension, or (b) powers of removal, (whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State). (2B) In subsection (2A)— - “power of removal” means— 1. the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign; 2. the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign; - “power of suspension” means— 1. the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables; 2. the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis; and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.

Her Majesty's inspectors of constabulary

Functions of HMIC

83

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

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

(3) Omit subsection (2A).

(4) After subsection (2B) insert—

(2BA) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force. (2BB) Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.

(5) Omit subsection (2C).

(6) In subsection (4)—

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

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

(7) After subsection (4) insert—

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

HMIC reports: publication

84

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

(2) For subsection (1) substitute—

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

(3) For subsection (2) substitute—

(2) But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider— (a) would be against the interests of national security, or (b) might jeopardise the safety of any person. (2A) The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).

(4) For subsection (3) substitute—

(3) The inspectors of constabulary must send a copy of the published report to— (a) the Secretary of State, (b) the local policing body maintaining the police force to which the report relates, (c) the chief officer of police of that police force, and (d) any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.

(5) In subsection (4)—

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

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

(6) In subsection (5)—

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

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

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

(8) Omit subsection (8).

Inspection programmes and frameworks

85

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

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

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

(4) After sub-paragraph (2) insert—

(2A) The chief inspector of constabulary must— (a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph, (b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and (c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j). (2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).

(5) In sub-paragraph (3)—

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

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

(6) Omit sub-paragraph (4).

(7) Before sub-paragraph (5) insert—

(4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework. (4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives— (a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and (b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police. (4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.

Powers in connection with HMIC inspections

86

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

HMIC and freedom of information

87

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.”.

Community safety partnerships

Crime and disorder strategies

88

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

Policing in England and Wales

Collaboration agreements

89

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

(2) After section 22 insert—

(22A) (1) A collaboration agreement may be made by— (a) two or more policing bodies; or (b) the chief officers of police of one or more police forces and two or more policing bodies. (2) A collaboration agreement is an agreement containing one or more of the following— (a) provision about the discharge of functions of members of a police force (“force collaboration provision”); (b) provision about support by a policing body for another policing body (“policing body collaboration provision”); (c) provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”). (3) A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,— (a) the chief officer of police of each police force to which the provision relates, and (b) the policing body that is responsible for maintaining each such police force. (4) A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates. (5) A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include— (a) the policing body, or each policing body, to which the provision relates; (b) the chief officer of police of the police force, or each police force, to which the provision relates; and (c) the policing body that is responsible for maintaining each such police force. (6) Subsection (1) does not prevent other persons from being parties to collaboration agreements. (7) Subsection (2) does not prevent a collaboration agreement from including other kinds of provision. (8) For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates— (a) to functions of a kind which are or may be exercisable by members of that police force, or (b) to the police area for which that police force is established. (9) For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates— (a) to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or (b) to the police area for which that policing body is established. (22B) (1) The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of— (a) that police force, and (b) one or more other police forces. (2) If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration. (3) The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration. (4) In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces. (5) Subsection (6) applies if all, or two or more, of— (a) the chief officer, and (b) the notified proposed partners, (the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them). (6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them. (7) In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section). (22C) (1) A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve— (a) the efficiency or effectiveness of— (i) that policing body, (ii) the police force which that policing body is responsible for maintaining, or (iii) that body and that force, and (b) the efficiency or effectiveness of one or more other policing bodies and police forces. (2) If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration. (3) The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration. (4) In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces. (5) Subsection (6) applies if all, or two or more, of— (a) the policing body, and (b) the notified proposed partners, (the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them). (6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them. (7) In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).

(3) After section 23F insert—

(23FA) (1) The Secretary of State may, by order, require a specified police function to be exercised in relation to— (a) all police areas, or (b) all police areas apart from any specified in the order, in accordance with police collaboration provision. (2) An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in— (a) a single collaboration agreement which relates to all of those police areas, or (b) a number of collaboration agreements which, between them, relate to all of those police areas. (3) Provision under subsection (2)(b) need not specify a particular number of collaboration agreements. (4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (5) If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (6) In this section “specified” means specified in an order under this section.

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

Police powers for civilian employees under collaboration agreements

90

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

Power to give directions

91

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

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

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

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

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

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

(a) for subsection (2)(a) substitute—

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

;

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

Provision of information by chief officers of police

92

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

(44) (1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with— (a) the policing of the police area for which that police force is maintained, or (b) the discharge of the national or international functions of that police force. (2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with— (a) the policing of that police area, or (b) the discharge of the national or international functions of the police force for that area. (3) A requirement under subsection (1) may specify the form in which information is to be provided. (4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1). (5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.

Regulations about provision of equipment

93

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

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

(3) After subsection (1A) insert—

(1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes. (1AB) The regulations may, in particular— (a) make provision about the nature or terms of such arrangements, or (b) prescribe arrangements which may be, or must be, used.

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

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

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

National and international functions

94

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

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

(3) For subsection (1) substitute—

(1) The Secretary of State and the Mayor's Office for Policing and Crime may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions. (1A) The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions. (1B) The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions.

(4) In subsection (2)—

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

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

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

(6) Omit subsection (4).

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

Police: complaints

95

Schedule 14 (police: complaints) has effect.

CHAPTER 8 — Miscellaneous provisions

Interpretation of Police Act 1996

96

(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “City of London police area” insert—

“Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area; “elected local policing body” means— (a) a police and crime commissioner; (b) the Mayor's Office for Policing and Crime; “local policing body” means— (a) a police and crime commissioner (in relation to a police area listed in Schedule 1); (b) the Mayor's Office for Policing and Crime (in relation to the metropolitan police district); (c) the Common Council (in relation to the City of London police area); “Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;

;

(b) after the definition of “metropolitan police district” insert—

“national or international functions” means functions relating to— (a) the protection of prominent persons or their residences, (b) national security, (c) counter-terrorism, or (d) the provision of services for any other national or international purpose; “police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;

;

(d) in the definition of “police force”, for “police authority” substitute “ local policing body ”;

(e) in the definition of “police fund”, for paragraph (a) substitute—

(a) in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011;

(3) After subsection (2) insert—

(3) References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.

Amendments of the Interpretation Act 1978

97

(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is amended as follows.

(2) After the entry for “Local land charges register” insert—

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

(3) After the entry for “Person” insert—

“Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.

(4) In the entry that begins “Police area”, omit “, police authority”.

(5) After the entry that begins “Police Area” insert—

“Police authority”, in relation to Scotland, has the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967.

Police reform: transitional provision

98

Schedule 15 (police reform: transitional provision) has effect.

Police reform: minor and consequential amendments

99

Schedule 16 (police reform: minor and consequential amendments) has effect.

Guidance

100

Any guidance under this Part—

(a) must be in writing;

(b) may be varied or revoked by further guidance;

(d) may make provision generally or in relation to specific cases; and

(e) may make different provision for different cases.

Crime and disorder reduction

101

(1) A reference to crime and disorder reduction is a reference to—

(a) reduction of crime and disorder (including anti-social and other behaviour adversely affecting the local environment),

(b) combating the misuse of drugs, alcohol and other substances, and

(2) In this section “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.

(3) This section applies for the purposes of this Part.

Interpretation of Part 1

102

(1) In this Part (unless otherwise specified)—

“chief executive” means—in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;in relation to the Mayor's Office for Policing and Crime, the chief executive appointed by the Office under Schedule 3;

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