The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012

• Citation: S.I. 2012/2892
• Sections: 8

Section 1 Citation and interpretation

(1) This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012.

(2) In this Order “ the Act ” means the Police Reform and Social Responsibility Act 2011.

Section 2 Provisions coming into force on 22nd November 2012

The day appointed for the coming into force of the following provisions of the Act is 22nd November 2012—

(a) Part 1 (police reform), in so far as it is not already in force;

(b) Schedule 1 (police and crime commissioners);

(c) Schedule 2 (chief constables);

(d) Schedule 5 (issuing precepts);

(e) Schedule 8 (appointment, suspension and removal of senior police officers);

(f) Schedule 11 (crime and disorder strategies), in so far as it is not already in force;

(g) Schedule 14 (police: complaints), in so far as it is not already in force;

(h) Schedule 15 (police reform: transitional provision), in so far as it is not already in force;

(i) Schedule 16 (police reform: minor and consequential amendments), in so far as it is not already in force.

Section 3 Transitional provision in relation to the accounts of police authorities

Regulations 7 and 8 of the Accounts and Audit (England) Regulations 2011 shall not apply to a police authority in England established under section 3 of the Police Act 1996 in relation to the financial year beginning on 1st April 2012.

Section 4 Transitory provision in relation to the appointment of a police and crime commissioner’s chief executive and chief finance officer

(1) This article applies on the first occasion when a police and crime commissioner of any police area exercises the power—

(a) to appoint a person to be the commissioner’s chief executive under paragraph 6(1)(a) of Schedule 1 to the Act; or

(b) to appoint a person to be the commissioner’s chief finance officer under paragraph 6(1)(b) of that Schedule.

(2) Paragraphs 9 to 12 of Schedule 1 to the Act do not apply—

(a) to the appointment of a person as chief executive if, immediately before the coming into force of section 1 of the Act, the person was serving as the chief executive of the police authority for the same police area appointed under section 16(1) of the Police Act 1996 ; or

(b) to the appointment of a person as chief finance officer if, immediately before the coming into force of section 1 of the Act, the person was responsible for the proper administration of the police authority’s financial affairs in accordance with section 112(1) of the Local Government Finance Act 1988 .

Section 5 Transitory provision in connection with civilian staff of police forces

(1) This article applies, in relation to any police force maintained under section 2 of the Police Act 1996, until there is no longer any person employed as a police civilian member of the staff of the police and crime commissioner by whom that police force is maintained, within the meaning of paragraph 7(10)(b) of Schedule 15 to the Act.

(2) Section 102(4) of the Act has effect as if before paragraph (a) there was inserted—

(aa) persons—

(i) who are members of the staff of the police and crime commissioner by whom the police force is maintained; and

(ii) who are under the direction and control of the chief constable,

(3) Where the chief constable—

(a) appoints a person to be the police force’s chief finance officer under paragraph 4(1) of Schedule 2 to the Act; or

(b) appoints a person to act as the chief finance officer under paragraph 5(1) of that Schedule,

that person does not become a member of the staff of the chief constable by virtue of the appointment, but becomes or remains a police civilian member of the staff of the police and crime commissioner by whom the police force is maintained.

(4) Section 29(1) of the Act (which allows a police and crime panel to require members of the staff of the police and crime commissioner to attend before the panel and answer questions) shall not apply in relation to a police civilian member of the commissioner’s staff.

(5) Section 62(1) of the Act (which requires a police and crime panel to appoint a member of the staff of a police and crime commissioner as acting commissioner in certain circumstances) shall not permit the panel to appoint a person who is a police civilian member of the commissioner’s staff.

Section 6 Transitional provision in relation to police complaints and misconduct

(1) This article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.

(2) With the exception of paragraphs 4, 7 and 8(1), (2), (3), (4) and (6) (which have effect as modified by paragraph (3) of this article), the provisions of Schedule 14 to the Act brought into force by this Order shall not apply in relation to the complaint or matter.

(3) Paragraph 4 of Schedule 14 to the Act has effect in relation to the complaint or matter as if it read—

(4) In section 14 (direction and control matters)—

(a) in subsection (2) for “police authorities” substitute “local policing bodies”;

(b) in subsection (3) for “police authority” substitute “local policing body”.

(4) In this article “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002 .

Section 7 Transitory provision in relation to members of the National Policing Improvement Agency

(1) This article has effect in relation to the first occasion when the Secretary of State appoints a person to be a member of the National Policing Improvement Agency in consequence of the coming into force of paragraph 360(4)(b) of Schedule 16 to the Act.

(2) Paragraph 360(4)(b) shall have effect as if it read—

(b) in sub-paragraph (4)(a), for “nominated by the Association of Police Authorities” substitute “who appears to the Secretary of State to represent the views of police and crime commissioners”.

Section 8 Amendment to the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011

(1) The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 is amended as follows.

(2) In article 7 (transitory provision in connection with the civilian staff of the metropolitan police force), at the end insert—

(4) Section 33(5) and (6)(b) of the Act (which allows the London Assembly to require any member of the staff of the Mayor’s Office for Policing and Crime to attend proceedings of the Assembly for the purpose of giving evidence, or to produce documents to the Assembly) shall not apply in relation to a police civilian member of the staff of the Office.

(3) In article 8 (transitional and transitory provision and savings in connection with police complaints and misconduct), for paragraph (1) substitute—

(8)

(1) Paragraph (2) of this article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.

(1A) In paragraph (1A), “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002.

(1B) Paragraphs (3) and (4) of this article apply until the coming into force of section 1 of the 2011 Act.