The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011

• Citation: S.I. 2011/3019
• Sections: 91

Section 1 Citation and interpretation

(1) This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011.

(2) In this Order—

(a) “the 1996 Act ” means the Police Act 1996 ;

(b) “the 2011 Act ” means the Police Reform and Social Responsibility Act 2011.

Section 2 Provisions coming into force on 15th December 2011

The day appointed for the coming into force of the following provisions of the 2011 Act is 15th December 2011—

(a) section 11(1) and (2);

(b) section 17(4) to (7), to the extent that those provisions allow the Secretary of State to make a financial code of practice, to revise the code and to lay the code or revision of the code before Parliament;

(c) section 82(1) and (12).

Section 3 Provisions coming into force on 16th January 2012

The provisions of the 2011 Act listed in Schedule 1 come into force on 16th January 2012, to the extent set out in that Schedule and subject to articles 4 to 10.

Section 4 Transitional provisions in relation to the accounts of the Metropolitan Police Authority

Regulations 7 and 8 of the Accounts and Audit (England) Regulations 2011 shall not apply to the Metropolitan Police Authority in relation to the financial year beginning on 1st April 2011.

Section 5 Transitional provision in relation to complaints against members of the Metropolitan Police Authority

(1) This article applies in relation to any allegation that a member or co-opted member of the Metropolitan Police Authority has failed, or may have failed, to comply with that authority’s code of conduct, if that allegation is being handled by the authority in accordance with Part 3 of the Local Government Act 2000 immediately before the authority is abolished under section 3(12) of the 2011 Act.

(2) Where the member or co-opted member to whom the allegation relates is also a member of the London Assembly, the allegation shall be referred to the Greater London Authority, and shall be dealt with by that authority as if Part 3 of the Local Government Act 2000 and regulations made under that Part continued to apply to it, modified so that—

(a) references to the code of conduct of the relevant authority have effect as references to the code of conduct of the Metropolitan Police Authority applicable at the time when the conduct which is the subject matter of the allegation is said to have occurred;

(b) references to the standards committee of the relevant authority have effect as references to the standards committee of the Greater London Authority; and

(c) references to the monitoring officer of the relevant authority have effect as references to the monitoring officer of the Greater London Authority.

(3) Where the member or co-opted member to whom the allegation relates is not a member of the London Assembly, the allegation shall be referred to the Mayor’s Office for Policing and Crime, and shall be dealt with by that office as if Part 3 of the Local Government Act 2000 and regulations made under that Part continued to apply to it, modified so that—

(a) references to the code of conduct of the relevant authority have effect as references to the code of conduct of the Metropolitan Police Authority applicable at the time when the conduct which is the subject matter of the allegation is said to have occurred;

(b) references to the standards committee of the relevant authority have effect as references to the Mayor’s Office for Policing and Crime;

(c) references to the monitoring officer of the relevant authority have effect as references to the chief executive appointed by the Mayor’s Office for Policing and Crime under paragraph 2(1) of Schedule 3 to the 2011 Act; and

(d) in the event of a finding that the member or co-opted member to whom the allegation relates failed to comply with the code of conduct of the Metropolitan Police Authority and that a sanction should be imposed, the only sanction that is available to the Mayor’s Office for Policing and Crime is censure.

(4) Anything done or treated as done by or in relation to the Metropolitan Police Authority in respect of the allegation has effect as if done—

(a) by the Greater London Authority, in a case to which paragraph (2) applies, and

(b) by the Mayor’s Office for Policing and Crime, in a case to which paragraph (3) applies.

Section 6 Transitional provision in relation to the appointment of the Deputy Mayor for Policing and Crime

(1) This article applies on the first occasion when the power to appoint a Deputy Mayor for Policing and Crime under section 19(1)(a) is exercised.

(2) Sections 19(12) and 20 of the 2011 Act do not apply to the appointment, if and only if—

(a) the person that the Mayor’s Office for Policing and Crime proposes to appoint holds the office of chairman of the Metropolitan Police Authority at the time when that authority is abolished under section 3(12) of the 2011 Act; and

(b) a confirmation hearing was held under Schedule 4A to the Greater London Authority Act 1999 in relation to the person’s appointment to the office of chairman of the Metropolitan Police Authority.

Section 7 Transitory provision in connection with the civilian staff of the metropolitan police force

(1) This article applies until there is no longer any person employed as a police civilian member of the staff of the Mayor’s Office for Policing and Crime, within the meaning of paragraph 7(10)(b) of Schedule 15 to the 2011 Act.

(2) Section 102(6) of the 2011 Act has effect as if, before paragraph (a), there was inserted—

(aa) those members of the staff of the Mayor’s Office for Policing and Crime who are under the direction and control of the Commissioner of Police of the Metropolis,

(3) Where the Commissioner of Police of the Metropolis—

(a) appoints a person to be the metropolitan police force’s chief finance officer under paragraph 1(1) of Schedule 4 to the 2011 Act; or

(b) appoints a person to act as the chief finance officer under paragraph 2(1) of that Schedule,

that person does not become a member of the staff of the Commissioner by virtue of the appointment, but becomes or remains a civilian member of the staff of the Mayor’s Office for Policing and Crime.

Section 8 Transitional and transitory provision and savings in connection with police complaints and misconduct

(1) This article applies until the coming into force of section 1 of the 2011 Act.

(2) Notwithstanding the coming into force of paragraph 4 of Schedule 14 to the 2011 Act in the metropolitan police district, section 14 of the Police Reform Act 2002 continues to have effect in that district with the modification that, for the purposes of that section, “police authority” means the Mayor’s Office for Policing and Crime.

(3) Paragraph 40 of Schedule 16 to the 2011 Act has effect as if it read—

(40) In section 84(4) (representation etc at disciplinary and other proceedings), for the definition of “relevant authority” substitute—

“relevant authority” means—

where the officer concerned is a senior officer of a police force maintained under section 2 or the Commissioner of Police of the Metropolis, the local policing body for the police force of which the officer is a member; and

in any other case, the chief officer of police of the police force of which the officer is a member or for which the officer is appointed as a special constable;

(4) Paragraph 291(a) of Schedule 16 to the 2011 Act has effect as if it read—

(a) for the definition of “appropriate authority” substitute—

“appropriate authority”—

in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

if that person is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

if that person is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and

in any other case, the chief officer under whose direction and control the person is; and

in relation to a death or serious injury matter, means—

if the relevant officer is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

if the relevant officer is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and

in any other case, the chief officer under whose direction and control the person is;

Section 9 Savings in connection with powers of the Secretary of State

(1) This article applies until the coming into force of section 1 of the 2011 Act.

(2) Notwithstanding the coming into force of section 81(b) and (c) of the 2011 Act, sections 39 and 43 of the 1996 Act continue to have effect, in relation to a police authority established under section 3 of that Act.

(3) Notwithstanding the coming into force of section 82 of the 2011 Act, section 42 of the 1996 Act continues to have effect without the amendments set out in section 82 but with the following modifications—

(a) each reference to the Metropolitan Police Authority has effect as a reference to the Mayor’s Office for Policing and Crime;

(b) the reference to section 9E of the 1996 Act in section 42(1)(a) has effect as a reference to section 48 of the 2011 Act.

Section 10 Transitory provision and savings in connection with the continued existence of police authorities established under section 3 of the 1996 Act

(1) This article applies until the coming into force of section 1 of the 2011 Act.

(2) Section 96 of the 2011 Act has effect as if—

(a) in subsection (2)(a), which amends section 101(1) of the 1996 Act—

(i) paragraph (a) of the inserted definition of “elected local policing body” was omitted;

(ii) paragraph (a) of the inserted definition of “local policing body” read—

(a) a police authority (in relation to a police area listed in Schedule 1);

(b) subsection (2)(c) had the effect of omitting only paragraph (b) of the definition of “police authority” in section 101(1) of the 1996 Act;

(c) subsection (2)(e) had effect as if it read—

(e) in the definition of “police fund”—

(i) in paragraph (a), omit “or the metropolitan police force”;

(ii) for paragraph (b) substitute—

(b) in relation to the metropolitan police force, the fund kept by the Mayor’s Office for Policing and Crime under section 21 of the Police Reform and Social Responsibility Act 2011, and

(d) in subsection (3), the reference to the staff of a police and crime commissioner was omitted from the new subsection (3) inserted in section 101 of the 1996 Act.

(3) Section 102(4) of the 2011 Act has effect as if it read—

(4) References in this Part to a police force’s civilian staff are (except in the case of the metropolitan police force) references to those employees of the police authority who are under the direction and control of the chief officer of police.

(4) Notwithstanding the coming into force of paragraph 7 of Schedule 16 to the 2011 Act, section 6(1) to (3) of the 1996 Act continues to have effect.

(5) Schedule 2 (which sets out further modifications to some of the provisions of the 2011 Act listed in Schedule 1) has effect.

Section 1

Until the coming into force of section 1 of the 2011 Act, the provisions of that Act listed in Schedule 1 have effect with the following modifications.

Section 2

Section 19(6)(b) has effect as if it read—

(b) a police authority established under section 3 of the 1996 Act;

Section 3

Section 91(4)(a) has the effect of inserting the new paragraph (aa) (and not paragraph (ab)) in section 40B(2) of the 1996 Act after the existing paragraph (a), which remains as before.

Section 4

Section 93(5) has the effect of inserting the new paragraph (aa) (and not paragraph (ab)) in section 53(2) of the 1996 Act after the existing paragraph (a), which remains as before.

Section 5

Section 94(3) has effect as if the substituted section 96A(1A) of the 1996 Act read—

(1A) The Secretary of State and the police authority 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 and international functions.

Section 6

In Schedule 11—

(a) paragraph 2(8)(b) has the effect of omitting only paragraph (b) of the definition of “police authority” in section 5(5) of the Crime and Disorder Act 1998 ;

(b) paragraph 5(5) has effect as if the new subsection (4)(a) inserted in section 7 of the Crime and Disorder Act 1998 read—

(a) if the area (or any part of it) falls within a police area listed in Schedule 1 to the 1996 Act, the police authority,

Section 7

Notwithstanding the coming into force of paragraph 13 of Schedule 16, section 8A(1) to (6) and (8) of the 1996 Act continues to have effect.

Section 8

Notwithstanding the coming into force of paragraph 16 of Schedule 16, sections 14(1) to (3), 15(1), (2) and (4), 16(1) and 17(1) of the 1996 Act continue to have effect.

Section 9

Paragraph 18(2) of Schedule 16 has the effect of omitting only the words “and to the Metropolitan Police Authority” from section 18(1)(a) of the 1996 Act.

Section 10

In paragraph 23 of Schedule 16—

(a) sub-paragraph (2) has the effect of substituting “section 4 of the Police Reform and Social Responsibility Act 2011” for “section 9A(1)” in section 24(3) of the 1996 Act;

(b) sub-paragraph (3) has effect as if the reference to section 2 of the 2011 Act in the substituted section 24(3A) of the 1996 Act was a reference to section 15(2) of the 1996 Act;

(c) sub-paragraph (5)(b) has effect as if it read—

(b) after “section 10(1)” insert “of this Act and section 4 of the 2011 Act”

Section 11

Paragraph 29 of Schedule 16 has effect as if it read—

(29) In section 31, at the end insert—

(2) The Commissioner of Police of the Metropolis may grant to members of the metropolitan police force rewards for exceptional diligence or other specially meritorious conduct.

and accordingly the existing words of the section become subsection (1).

Section 12

Paragraph 30(3)(b) of Schedule 16 has the effect of inserting the new paragraph (aa) (and not paragraph (ab)) in section 39A(4) of the 1996 Act after the existing paragraph (a), which remains as before.

Section 13

In paragraph 31 of Schedule 16—

(a) sub-paragraph (3) has the effect of omitting the reference to section 9E of the 1996 Act (and not the reference to section 11) from section 42A(1) of that Act;

(b) sub-paragraph (4) has effect as if it read—

(4) In subsection (2), after paragraph (a) insert—

(aa) the Mayor’s Office for Policing and Crime;

Section 14

Paragraph 35(3) of Schedule 16 has the effect of inserting the new paragraph (aa) (and not paragraph (ab)) in section 53A(3) of the 1996 Act after the existing paragraph (a), which remains as before.

Section 15

Paragraph 36(2) of Schedule 16 has the effect of inserting the new paragraph (aa) (and not paragraph (ab)) in section 57(4) of the 1996 Act after the existing paragraph (a), which remains as before.

Section 16

Paragraph 46 of Schedule 16 has the effect of omitting Schedule 2A from the 1996 Act (and not Schedule 2).

Section 17

Paragraph 80 of Schedule 16 has effect as if it read—

(80) In section 2 (acquisition and deposit of records), in subsection (6), omit “the Metropolitan Police Authority,”.

Section 18

Paragraph 81 of Schedule 16 has effect as if it read—

(81) In section 8 (interpretation), in subsection (1), omit “the Metropolitan Police Authority,”.

Section 19

Paragraph 84 of Schedule 16 has effect as if it read—

(84) In the Local Government Act 1966, in section 11 (grants for certain expenditure due to ethnic minority population), in subsection (2) for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing and Crime”.

Section 20

Paragraph 85(2) of Schedule 16 has effect as if it read—

(2) In subsection (5)(a), for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing and Crime”.

Section 21

Paragraph 87(3) of Schedule 16 has effect as if the new section 11(9)(a) inserted in the Superannuation (Miscellaneous Provisions) Act 1967 read—

(a) a police authority established under section 3 of the Police Act 1996;

Section 22

Paragraph 91 of Schedule 16 has effect as if paragraph (a)(i) of the substituted definition of “civilian officer” in section 57(4) of the Firearms Act 1968 read—

(i) a person employed by a police authority established under section 3 of the Police Act 1996 who is under the direction and control of a chief officer of police,

Section 23

Paragraph 93 of Schedule 16 has effect as if it read—

(93) In the Local Government Grants (Social Need) Act 1969, in section 1 (provision of grants), in subsection (4), for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing and Crime”.

Section 24

Paragraph 97(2) of Schedule 16 has effect as if it read—

(2) For “police authority” (in the first place) substitute “local policing body or the Commissioner of Police of the Metropolis”.

Section 25

Paragraph 102 of Schedule 16 has effect as if it read—

(102) In section 98 (interpretation of sections 95 and 97), in subsection (1A) omit “and the Metropolitan Police Authority”.

Section 26

Paragraph 103 of Schedule 16 has effect as if it read—

(103) In section 99 (meetings and proceedings of local authorities), omit “the Metropolitan Police Authority”.

Section 27

Paragraph 104 of Schedule 16 has effect as if—

(a) sub-paragraph (2) omitted paragraph (eza) (and not paragraph (e)) from section 100J(1) of the Local Government Act 1972 ;

(b) sub-paragraph (3) omitted the reference to paragraph (eza) (and not the reference to paragraph (e)) from section 100J(3) of that Act;

(c) sub-paragraph (4)(b) read—

(b) omit “or the Metropolitan Police Authority”.

Section 28

Paragraph 107 of Schedule 16 has effect as if the words “Police and crime commissioners and” were omitted from the new section 120(3A) inserted in the Local Government Act 1972.

Section 29

In paragraph 108 of Schedule 16—

(a) sub-paragraph (2) has effect as if it read—

(2) In subsection (1)—

(a) after “London Fire and Emergency Planning Authority”, insert “and”;

(b) omit “and the Metropolitan Police Authority”.

(b) notwithstanding the coming into force of sub-paragraph (3), section 146A(1A) to (1C) of the Local Government Act 1972 continues to have effect in respect of a police authority established under section 3 of the 1996 Act, but each reference to the Metropolitan Police Authority in the section is omitted.

Section 30

Paragraph 109 of Schedule 16 has effect as if it read—

(109) In section 223 (appearance of local authorities in legal proceedings), for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing and Crime”.

Section 31

Paragraph 110 of Schedule 16 has effect as if it read—

(110) In section 228 (inspection of documents), omit “or the Metropolitan Police Authority”.

Section 32

Paragraph 111 of Schedule 16 has effect as if it read—

(111) In section 229 (photographic copies of documents), omit “and the Metropolitan Police Authority”.

Section 33

Paragraph 112 of Schedule 16 has effect as if it read—

(112) In section 231 (service of notices on local authorities, etc), in subsection (4), omit “and the Metropolitan Police Authority”.

Section 34

Paragraph 113 of Schedule 16 has effect as if it read—

(113) In section 232 (public notices), in subsection (1A), omit “and the Metropolitan Police Authority”.

Section 35

Paragraph 114 of Schedule 16 has effect as if it read—

(114) In section 233 (service of notices by local authorities), in subsection (11), omit “and the Metropolitan Police Authority”.

Section 36

Paragraph 115 of Schedule 16 has effect as if it read—

(115) In section 234 (authorisation of documents), in subsection (4), omit “and the Metropolitan Police Authority”.

Section 37

Paragraph 116 of Schedule 16 has effect as if it read—

(116)

(1) Schedule 12 (meetings and proceedings of local authorities) is amended in accordance with this paragraph.

(2) In paragraph 6A(1), omit “or the Metropolitan Police Authority”.

(3) In paragraph 6B(b), omit “and the Metropolitan Police Authority”.

(4) In paragraph 46, omit “and the Metropolitan Police Authority”.

Section 38

Paragraph 118 of Schedule 16 has effect as if it read—

(118) In the Employment Agencies Act 1973, in section 13 (interpretation), for subsection (7)(fa) substitute—

(fa) the exercise by the Mayor’s Office for Policing and Crime of any of that Office’s functions;

(fb) the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner’s functions;

Section 39

Paragraph 121 of Schedule 16 has the effect of substituting section 25(1)(caa) of the Local Government Act 1974 (and not section 25(1)(ca)).

Section 40

Paragraph 127 of Schedule 16 has effect as if it read—

(127) In section 44 (interpretation etc of Part 1), in subsection (1), in paragraph (a) of the definition of “local authority” omit “the Metropolitan Police Authority”.