Greater London Authority Bill - continued        House of Lords
SCHEDULE 22, FURTHER AMENDMENTS RELATING TO METROPOLITAN POLICE ETC - continued

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Setting of performance targets
      82. In section 38 of the Police Act 1996 (setting of performance targets for police authorities by the Secretary of State) in subsection (2), for "established under section 3" there shall be substituted "to which section 37 applies".
 
 
Codes of practice
      83. In section 39(1) of the Police Act 1996 (issuing of codes of practice by the Secretary of State relating to the discharge of functions by police authorities established under section 3) after "section 3" there shall be inserted "and the Metropolitan Police Authority".
 
 
Power of Secretary of State to require inspection
      84. In section 40(1) of the Police Act 1996 (power of Secretary of State to require an inspection of a police force maintained under section 2) after "police force maintained under section 2" there shall be inserted "or of the metropolitan police force".
 
 
Removal of Commissioners or Commanders
      85. In section 42 of the Police Act 1996 (power of the Secretary of State to require a police authority to exercise its power to call upon the chief constable to retire) after subsection (4) there shall be inserted-
 
 
    "(5) This section shall apply to the power of the Metropolitan Police Authority under section 9E to call upon-
 
 
    (a) the Commissioner of Police of the Metropolis,
 
    (b) the Deputy Commissioner of Police of the Metropolis,
 
    (c) an Assistant Commissioner of Police of the Metropolis, or
 
    (d) a Commander in the metropolitan police force,
  to retire in the interests of efficiency or effectiveness as it applies to the power of a police authority under section 11."
 
 
Reports from the Commissioner of Police of the Metropolis
      86. - (1) Section 44 of the Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.
 
      (2) In subsection (1), for the words "chief constable" and "chief constable's" there shall be substituted respectively "chief officer of police of any police force" and "chief officer's".
 
      (3) In subsection (3), for "chief constable" there shall be substituted "chief officer".
 
      (4) In subsection (4), for "Every chief constable" there shall be substituted "The chief officer of police of every police force".
 
      (5) Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
 
 
Grants by the Secretary of State
      87. - (1) Section 46 of the Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.
 
      (2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority".
 
      (3) In subsection (1), in the words following paragraph (b), for "Receiver" there shall be substituted "Greater London Authority".
 
      (4) After subsection (7) there shall be inserted-
 
 
    "(7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
 
      (5) After subsection (8) (repayment where police authority's grant is less than that paid to it for the year) there shall be inserted-
 
 
    "(9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction."
 
 
Grants for capital expenditure
      88. - (1) Section 47 of the Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.
 
      (2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
      (3) After subsection (3) there shall be inserted-
 
 
    "(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
 
      (5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
 
 
Grants for expenditure concerning safeguarding national security
      89. - (1) Section 48 of the Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.
 
      (2) In subsection (1)(b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
      (3) After subsection (3) there shall be inserted-
 
 
    "(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
 
      (5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority."
 
 
Disciplinary proceedings relating to senior officers
      90. In section 50(3)(b) of the Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words "by the police authority which maintains the force or by a committee of that authority."
 
 
Copies of reports
      91. In section 55 of the Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words "(except where he is himself the police authority)" shall cease to have effect.
 
 
The appropriate authority for complaints etc about metropolitan police
      92. - (1) Section 65 of the Police Act 1996 (interpretation of Chapter I of Part IV, which relates to complaints and disciplinary proceedings) shall be amended as follows.
 
      (2) In the definition of "the appropriate authority"-
 
 
    (a) paragraph (a) (which defines the appropriate authority in relation to the metropolitan police force as the Commissioner of Police of the Metropolis), and
 
    (b) the word "other" in paragraph (b),
  shall cease to have effect.
 
      (3) In the definition of "investigating officer" after "means" there shall be inserted "a person (whether a member of a police force or not) appointed under section 68(2B) or".
 
 
Investigation of complaints
      93. - (1) Section 68 of the Police Act 1996 (investigation of complaints against senior officers) shall be amended as follows.
 
      (2) After subsection (2) (conduct not justifying criminal or disciplinary proceedings may be dealt with at authority's discretion) there shall be inserted-
 
 
    "(2A) In any other case, subsection (2B) or (3) shall apply.
 
      (2B) If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis-
 
 
    (a) the appropriate authority shall notify the Secretary of State; and
 
    (b) the Secretary of State shall appoint a person to investigate the complaint."
      (3) In subsection (4) (request by appropriate authority to chief officer to provide investigating officer) for "the appropriate authority" there shall be substituted the following paragraphs-
 
 
    "(a) in a case where subsection (2B) applies, the Secretary of State, or
 
    (b) in a case where subsection (3) applies, the appropriate authority,",
 
    and after "for appointment under subsection" there shall be inserted "(2B) or".
 
Supervision of investigations by Police Complaints Authority
      94. - (1) Section 72 of the Police Act 1996 (supervision of investigations by Police Complaints Authority) shall be amended as follows.
 
      (2) In subsection (3) (powers with respect to appointments under section 68(3) etc) in paragraph (a), for "section 68(3)" there shall be substituted "section 68(2B) or (3)".
 
      (3) After subsection (3) there shall be inserted-
 
 
    "(3A) In the application of subsection (3) in relation to appointment under section 68(2B)-
 
 
    (a) any reference to the appropriate authority shall be taken as a reference to the Secretary of State; and
 
    (b) the reference in paragraph (b)(i) to another member of a police force shall be taken as a reference to another person."
 
Grants by local authorities
      95. In section 92 of the Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority"
 
 
Acceptance of gifts and loans
      96. In section 93 of the Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
 
 
Metropolitan police fund etc
      97. - (1) Section 95 of the Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.
 
      (2) The following words shall cease to have effect-
 
 
    (a) "the metropolitan police fund and";
 
    (b) "respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)";
 
    (c) in paragraph (a), "the metropolitan police district or"; and
 
    (d) in paragraph (b), "the metropolitan police force or".
      (3) The sidenote to the section accordingly becomes "The City of London police fund."
 
 
Obtaining community views on policing
      98. - (1) Section 96 of the Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) for "subsections (3) to (6)" there shall be substituted "subsection (6)"; and
 
    (b) after "chief constable" there shall be inserted "or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis,".
      (3) Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.
 
 
National and international functions of metropolitan police
      99. After section 96 of the Police Act 1996 there shall be inserted-
 
 
"National and international functions of the metropolitan police.     96A. - (1) The Secretary of State and the Metropolitan Police Authority 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.
 
    (2) If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions to the standard specified in any agreement in force under subsection (1), he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.
 
      (3) The Metropolitan Police Authority shall comply with any directions given under subsection (2).
 
      (4) For the purposes of this section "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."
 
Schedule 2
      100. - (1) Schedule 2 to the Police Act 1996 (provision relating to police authorities established under section 3) shall be amended as follows.
 
      (2) Paragraph 4(2) (which refers to persons disqualified under paragraph 12) shall cease to have effect.
 
      (3) Paragraph 12 (which disqualifies a member of a relevant council for being appointed as a member of a police authority if he was elected for an electoral division or ward wholly within the metropolitan police district) shall cease to have effect.
 
      (4) In paragraph 26 (meaning of "relevant council")-
 
 
    (a) in sub-paragraph (1)(a), for "county borough or London borough" there shall be substituted "or county borough"; and
 
    (b) sub-paragraph (2) (areas partly within the metropolitan police district) shall cease to have effect.
 
Schedule 3
      101. - (1) Schedule 3 to the Police Act 1996 (which makes provision about the selection of independent members of police authorities) shall be amended as follows.
 
      (2) In paragraph 1(1) (selection panel for each police area) after "There shall be a selection panel" there shall be inserted "(a)"and at the end there shall be added "; and
 
 
    (b) for the police area constituted by the metropolitan police district."
      (3) In paragraph 1(4) (which defines a "designated member" as one appointed under paragraph 2 or 8 of Schedule 2) there shall be added at the end "or paragraph 2 or 5 of Schedule 2A".
 
      (4) In paragraph 2 (disqualification from panel if disqualified by virtue of certain provisions of Schedule 2 from being a member under paragraph 5 of that Schedule)-
 
 
    (a) after "Schedule 2" there shall be inserted "or paragraph 7, 8, 9 or 10(1)(b) or (f) to (h) of Schedule 2A"; and
 
    (b) in paragraph (a), for "paragraph 5 of that Schedule" there shall be substituted "paragraph 5 of Schedule 2 or paragraph 3(2) or (3) of Schedule 2A".
      (5) In paragraph 8 (panel to nominate persons for appointment under paragraph 5 of Schedule 2)-
 
 
    (a) in sub-paragraph (1), after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A"; and
 
    (b) in sub-paragraph (2), after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A (as the case may be)".
      (6) In paragraph 9 (person not to be nominated in relation to an authority if disqualified by virtue of certain provisions of Schedule 2 for membership under paragraph 5 of that Schedule) after "in relation to an authority" there shall be inserted "(a)" and at the end there shall be added "; or
 
 
    (b) if, by virtue of paragraph 7, 8, 9 or 10 of Schedule 2A, he is disqualified for being appointed as a member of the authority under paragraph 3(3) of that Schedule".
      (7) In paragraph 13(1) (which refers to the number of vacancies to be filled under paragraph 5 of Schedule 2) after "paragraph 5 of Schedule 2" there shall be inserted "or paragraph 3(3) of Schedule 2A (as the case may be)".
 
 
Schedule 6
      102. - (1) Schedule 6 to the Police Act 1996 (appeals to police appeals tribunals) shall be amended as follows.
 
      (2) In paragraph 2 (membership of panel for officers who are not senior officers) in paragraph (1)(b) the words from "or" onwards (which relate to the case where the Secretary of State is the police authority).
 
 
The Justices of the Peace Act 1997
      103. - (1) The Justices of the Peace Act 1997 shall be amended as follows.
 
      (2) In section 66 (disqualification in certain cases of justices who are members of local authorities) in subsection (7) (which defines "local authority") after paragraph (b) there shall be inserted-
 
 
    "(bza) the Metropolitan Police Authority;".
 
The Police (Insurance of Voluntary Assistants) Act 1997
      104. - (1) The Police (Insurance of Voluntary Assistants) Act 1997 shall be amended as follows.
 
      (2) Section 2 (which makes, in relation to the metropolitan police force and the Receiver, provision corresponding to that made by section 1 in relation to other police authorities and which, in consequence of this Act, is no longer necessary) shall cease to have effect.
 
 
The Police Act 1997
      105. - (1) Section 17 of the Police Act 1997 (power of NCIS service authority to issue levies) shall be amended as follows.
 
      (2) In subsection (1) (which specifies the bodies to which levies may be issued) in paragraph (b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
      (3) In subsection (4) (provision that may be made in orders) in paragraph (b) (anticipation of levies in making certain calculations)-
 
 
    (a) for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority"; and
 
    (b) after "section 43 of the Local Government Finance Act 1992" there shall be inserted "or sections 70 and 71 of the Greater London Authority Act 1999".
      106. - (1) Section 62 of the Police Act 1997 (power of NCS service authority to issue levies) shall be amended as follows.
 
      (2) In subsection (1) (which specifies the bodies to which levies may be issued) in paragraph (b), for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
      (3) In subsection (4) (provision that may be made in orders) in paragraph (b) (anticipation of levies in making certain calculations)-
 
 
    (a) for "Receiver for the Metropolitan Police District" there shall be substituted "Greater London Authority"; and
 
    (b) after "section 43 of the Local Government Finance Act 1992" there shall be inserted "or sections 70 and 71 of the Greater London Authority Act 1999".
      107. In section 119 of the Police Act 1997 (sources of information) in subsection (3) (payment to appropriate police authority) the words "or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District," shall cease to have effect.
 
      108. - (1) Schedule 3 to the Police Act 1997 (levies issued by the NCIS Service Authority) shall be amended as follows.
 
      (2) In each of the following provisions (persons to whom documents are to be sent)-
 
 
    (a) paragraph 2(4)(b),
 
    (b) paragraph 3(6)(b), and
 
    (c) paragraph 4(1)(c),
  for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
      109. - (1) Schedule 5 to the Police Act 1997 (levies issued by the NCS Service Authority) shall be amended as follows.
 
      (2) In each of the following provisions (persons to whom documents are to be sent)-
 
 
    (a) paragraph 2(4)(b),
 
    (b) paragraph 3(6)(b), and
 
    (c) paragraph 4(1)(c),
  for "Receiver for the Metropolitan Police District" there shall be substituted "Metropolitan Police Authority".
 
 
The Local Government (Contracts) Act 1997
      110. In section 1(3) of the Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act) at the end of paragraph (b) there shall be inserted "and" and paragraph (c) (the Receiver) shall cease to have effect.
 
 
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