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POLICE REFORM AND SOCIAL RESPONSIBILITY ACT 2011

UK Public General Acts

Version 15/09/2011

2011 CHAPTER 13

Default Geographical Extent: E+W+S+N.I.


  • Part 1. Police reform
    • CHAPTER 1 (E+W). Police areas outside London (P)
    • CHAPTER 2 (E+W). Metropolitan police district (P)
    • CHAPTER 3 (E+W). Functions of elected local policing bodies etc (P)
      • Community safety and crime prevention (E+W)
      • Information, consultation etc (E+W)
      • Other provisions about functions (E+W)
      • Financial matters (E+W)
    • CHAPTER 4 (E+W). Accountability of elected local policing bodies (P)
      • Scrutiny of police and crime commissioners (E+W)
      • Conduct (E+W)
      • Scrutiny of Mayor's Office for Policing and Crime (E+W)
    • CHAPTER 5 (E+W). Police forces in areas with elected local policing bodies (P)
      • Chief officers of police (E+W)
      • Police forces outside London (E+W)
      • The metropolitan police force (E+W)
    • CHAPTER 6. Police and crime commissioners: elections and vacancies
      • Holding of elections (E+W) (P)
      • Conduct of elections
      • Vacancy in office of police and crime commissioner (E+W) (P)
      • Vacancy or incapacity (E+W) (P)
      • Disqualification (E+W) (P)
      • Elections: further provision (E+W) (P)
    • CHAPTER 7 (E+W). Other provisions relating to policing and crime and disorder (P)
      • Requirement for national policing capabilities (E+W)
      • Duties and powers of Secretary of State (E+W)
      • Her Majesty's inspectors of constabulary (E+W)
      • Community safety partnerships (E+W)
      • Policing in England and Wales (E+W)
      • Police: complaints (E+W)
    • CHAPTER 8 (E+W+S). Miscellaneous provisions (P)
  • Part 2 (E+W). Licensing (P)
    • CHAPTER 1 (E+W). Amendments of the Licensing Act 2003
      • Responsible authorities (E+W)
      • Removing the vicinity test (E+W)
      • Reducing the evidential burden on licensing authorities (E+W)
      • Temporary event notices (E+W)
      • Underage sales (E+W)
      • Early morning alcohol restriction orders (E+W)
      • Fees (E+W)
      • Miscellaneous (E+W)
      • Review (E+W)
    • CHAPTER 2 (E+W). Late night levy
      • Application of late night levy requirement in licensing authority's area (E+W)
      • Liability to pay late night levy (E+W)
      • Administration of late night levy (E+W)
      • Application of levy payments (E+W)
      • Late night levy requirement: further provision (E+W)
    • CHAPTER 3 (E+W). Alcohol disorder zones
  • Part 3 (E+W). Parliament Square Garden and surrounding area (P)
    • Repeal of SOCPA 2005 provisions (E+W)
    • Controls on activities in Parliament Square Garden and adjoining pavements (E+W)
  • Part 4. Miscellaneous
    • Seizure powers (E+W) (P)
    • Misuse of drugs (P)
    • Arrest warrants (E+W)
  • Part 5. Final provisions
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  • Version 15/09/2011

Introductory Text

Police Reform and Social Responsibility Act 2011

2011 CHAPTER 13

An Act to make provision about the administration and governance of police forces; about the licensing of, and for the imposition of a late night levy in relation to, the sale and supply of alcohol, and for the repeal of provisions about alcohol disorder zones; for the repeal of sections 132 to 138 of the Serious Organised Crime and Police Act 2005 and for the prohibition of certain activities in Parliament Square; to enable provision in local authority byelaws to include powers of seizure and forfeiture; about the control of dangerous or otherwise harmful drugs; to restrict the issue of arrest warrants for certain extra-territorial offences; and for connected purposes.

[15th September 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1
Police reform



CHAPTER 1 (E+W)
Police areas outside London (PROSPECTIVE)



1 Police and crime commissioners (E+W)

(1) There is to be a police and crime commissioner for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

(2) A police and crime commissioner is a corporation sole.

(3) The name of the police and crime commissioner for a police area is “the Police and Crime Commissioner for” with the addition of the name of the police area.

(4) The police and crime commissioner for a police area is to be elected, and hold office, in accordance with Chapter 6.

(5) A police and crime commissioner has—

(a) the functions conferred by this section,
(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and
(c) the other functions conferred by this Act and other enactments.
(6) The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and
(b) secure that the police force is efficient and effective.
(7) The police and crime commissioner for a police area must hold the relevant chief constable to account for the exercise of—

(a) the functions of the chief constable, and
(b) the functions of persons under the direction and control of the chief constable.
(8) The police and crime commissioner must, in particular, hold the chief constable to account for—

(a) the exercise of the duty under section 8(2) (duty to have regard to police and crime plan) ;
(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement) ;
(c) the exercise of the duty under section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State) ;
(d) the effectiveness and efficiency of the chief constable's arrangements for co-operating with other persons in the exercise of the chief constable's functions (whether under section 22A of the Police Act 1996 or otherwise) ;
(e) the effectiveness and efficiency of the chief constable's arrangements under section 34 (engagement with local people) ;
(f) the extent to which the chief constable has complied with section 35 (value for money) ;
(g) the exercise of duties relating to equality and diversity that are imposed on the chief constable by any enactment;
(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the chief constable by sections 10 and 11 of the Children Act 2004.
(9) The police authorities established for police areas under section 3 of the Police Act 1996 are abolished.

(10) Schedule 1 (police and crime commissioners) has effect.

2 Chief constables (E+W)

(1) Each police force is to have a chief constable.

(2) The chief constable of a police force is to be appointed, and hold office, in accordance with—

(a) section 38, and
(b) the terms and conditions of the appointment.
(3) A police force, and the civilian staff of a police force, are under the direction and control of the chief constable of the force.

(4) A chief constable has the other functions conferred by this Act and by other enactments.

(5) A chief constable must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the relevant police and crime commissioner to exercise the commissioner's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 2 (chief constables) has effect.

(8) In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (see section 2 of that Act).

CHAPTER 2 (E+W)
Metropolitan police district (PROSPECTIVE)



3 Mayor's Office for Policing and Crime (E+W)

(1) There is to be a body with the name “The Mayor's Office for Policing and Crime” for the metropolitan police district.

(2) The Mayor's Office for Policing and Crime is a corporation sole.

(3) The person who is Mayor of London for the time being is to be the occupant for the time being of the Mayor's Office for Policing and Crime.

(4) Accordingly, where a person is the occupant of the Mayor's Office for Policing and Crime by virtue of a particular term of office as Mayor of London (the “relevant mayoral term”) , the person's term as the occupant of the Mayor's Office for Policing and Crime—

(a) begins at the same time as the relevant mayoral term, and
(b) ends at the same time as the relevant mayoral term.
(5) The Mayor's Office for Policing and Crime has—

(a) the functions conferred by this section,
(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and
(c) the other functions conferred by this Act and other enactments.
(6) The Mayor's Office for Policing and Crime must—

(a) secure the maintenance of the metropolitan police force, and
(b) secure that the metropolitan police force is efficient and effective.
(7) The Mayor's Office for Policing and Crime must hold the Commissioner of Police of the Metropolis to account for the exercise of—

(a) the functions of the Commissioner, and
(b) the functions of persons under the direction and control of the Commissioner.
(8) The Mayor's Office for Policing and Crime must, in particular, hold the Commissioner to account for—

(a) the exercise of the duty imposed by section 8(4) (duty to have regard to police and crime plan) ;
(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement) ;
(c) the exercise of the duty imposed by section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State) ;
(d) the effectiveness and efficiency of the Commissioner's arrangements for co-operating with other persons in the exercise of the Commissioner's functions (whether under section 22A of the Police Act 1996 or otherwise) ;
(e) the effectiveness and efficiency of the Commissioner's arrangements under section 34 (engagement with local people) ;
(f) the extent to which the Commissioner has complied with section 35 (value for money) ;
(g) the exercise of duties relating to equality and diversity imposed on the Commissioner by any enactment;
(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004.
(9) In section 424 of the Greater London Authority Act 1999 (interpretation) , in subsection (1) , in the definition of “functional body”, for paragraph (c) substitute—

“(c) the Mayor's Office for Policing and Crime; or”.
(10) In this section, references to the Mayor of London include references to a person who is, by virtue of Schedule 4 to the Greater London Authority Act 1999 (exercise of functions of Mayor during vacancy or incapacity) , treated as if the person were the Mayor of London.

(11) Where such a person is the occupant for the time being of the Mayor's Office for Policing and Crime, references in this section to the relevant mayoral term are references to the period for which the person is treated as if the person were the Mayor of London.

(12) The Metropolitan Police Authority is abolished.

(13) Schedule 3 (Mayor's Office for Policing and Crime) has effect.

4 Commissioner of Police of the Metropolis (E+W)

(1) There is to be a corporation sole with the name “the Commissioner of Police of the Metropolis”.

(2) The Commissioner of Police of the Metropolis is to be appointed, and hold office, in accordance with—

(a) sections 42 and 48, and
(b) the terms and conditions of the appointment.
(3) The metropolitan police force, and the civilian staff of the metropolitan police force, are under the direction and control of the Commissioner of Police of the Metropolis.

(4) The Commissioner of Police of the Metropolis has the other functions conferred by this Act and by other enactments.

(5) The Commissioner of Police of the Metropolis must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the Mayor's Office for Policing and Crime to exercise that Office's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 4 (Commissioner of Police of the Metropolis) has effect.

CHAPTER 3 (E+W)
Functions of elected local policing bodies etc (PROSPECTIVE)



Community safety and crime prevention (E+W)


5 Police and crime commissioners to issue police and crime plans (E+W)

(1) The police and crime commissioner for a police area must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) A police and crime commissioner must comply with the duty under subsection (1) as soon as practicable after the commissioner takes office.

(3) A police and crime commissioner may, at any time, issue a police and crime plan.

(4) A police and crime commissioner may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, a police and crime commissioner must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, a police and crime commissioner must—

(a) prepare a draft of the plan or variation,
(b) consult the relevant chief constable in preparing the draft plan or variation,
(c) send the draft plan or variation to the relevant police and crime panel,
(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 28(3) ) ,
(e) give the panel a response to any such report or recommendations, and
(f) publish any such response.
(7) In complying with subsection (6) (c) , the police and crime commissioner must ensure that the relevant police and crime panel has a reasonable amount of time to exercise its functions under section 28(3).

(8) A police and crime commissioner must consult the relevant chief constable before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) A police and crime commissioner must—

(a) keep the police and crime plan under review, and
(b) in particular, review the police and crime plan in the light of—
(i) any report or recommendations made to the commissioner by the relevant police and crime panel under section 28(4) , and
(ii) any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;
and exercise the powers under subsection (3) or (4) accordingly.
(10) A police and crime commissioner who issues or varies a police and crime plan must—

(a) send a copy of the issued plan, or the variation, to the relevant chief constable and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the relevant police area, and
(b) publish a copy of the issued plan, or the variation.
(11) The duty under subsection (10) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

(12) It is for the commissioner to determine the manner in which—

(a) a response to a report or recommendations is to be published in accordance with subsection (6) (f) , and
(b) a copy of the plan or variation is to be published in accordance with subsection (10) (b).
(13) In this section— “financial year” means the financial year of the police and crime commissioner; “ordinary election”, in relation to the police and crime commissioner for a police area, means an election held under section 50 in relation to that area.

6 Mayor's Office for Policing and Crime to issue police and crime plans (E+W)

(1) The Mayor's Office for Policing and Crime must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) The Mayor's Office for Policing and Crime must comply with the duty under subsection (1) as soon as practicable after the person elected in the ordinary election takes office.

(3) The Mayor's Office for Policing and Crime may, at any time, issue a police and crime plan.

(4) The Mayor's Office for Policing and Crime may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must—

(a) prepare a draft of the plan or variation,
(b) consult the Commissioner of Police of the Metropolis in preparing the draft plan or variation,
(c) send the draft plan or variation to the police and crime panel of the London Assembly (see section 32) ,
(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 33(1) ) ,
(e) give the panel a response to any such report or recommendations, and
(f) publish any such response.
(7) In complying with subsection (6) (c) , the Mayor's Office for Policing and Crime must ensure that the police and crime panel has a reasonable amount of time to exercise its functions under section 33(1).

(8) The Mayor's Office for Policing and Crime must consult the Commissioner of Police of the Metropolis before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) The Mayor's Office for Policing and Crime must—

(a) keep the police and crime plan under review, and
(b) in particular, review the police and crime plan in the light of any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;
and exercise the powers under subsection (3) or (4) accordingly.
(10) The provisions of the 1999 Act set out in subsection (11) apply to the Mayor's Office for Policing and Crime and police and crime plans as the provisions apply to the Mayor of London and the relevant mayoral strategies.

(11) Those provisions of the 1999 Act are—

(a) section 33(1) (b) and (c) (equality of opportunity) ;
(b) section 41(4) (b) and (c) , (5) , (6) (a) and (b) , (7) to (8A) , and (10) to (12) (general duties in preparing and revising strategies) ;
(c) section 42(1) and (6) (consultation) ;
(d) section 42A (apart from subsection (2) ) (consultation: supplementary provision) ;
(e) section 43 (publicity and availability of strategies) ;
(f) section 44 (directions by the Secretary of State).
(12) Section 41(5) (b) of the 1999 Act has effect in relation to the Mayor of London as if the police and crime plan were a strategy listed in section 41(1) of the 1999 Act.

(13) The Mayor of London and the Mayor's Office for Policing and Crime must co-operate with each other in exercising their respective functions under section 41(5) (b) of the 1999 Act.

(14) In its application by virtue of subsection (11) (e) , section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district”.

(15) In this section— “1999 Act” means the Greater London Authority Act 1999; “financial year” means the financial year of the Mayor's Office for Policing and Crime; “ordinary election” means an election of the Mayor of London held under section 3 of the 1999 Act; “relevant mayoral strategy”, in relation to a provision set out in subsection (11) , means a strategy to which the provision applies.

7 Police and crime plans (E+W)

(1) A police and crime plan is a plan which sets out, in relation to the planning period, the following matters—

(a) the elected local policing body's police and crime objectives;
(b) the policing of the police area which the chief officer of police is to provide;
(c) the financial and other resources which the elected local policing body is to provide to the chief officer of police for the chief officer to exercise the functions of chief officer;
(d) the means by which the chief officer of police will report to the elected local policing body on the chief officer's provision of policing;
(e) the means by which the chief officer of police's performance in providing policing will be measured;
(f) the crime and disorder reduction grants which the elected local policing body is to make, and the conditions (if any) to which such grants are to be made.
(2) The elected local policing body's police and crime objectives are the body's objectives for—

(a) the policing of the body's area,
(b) crime and disorder reduction in that area, and
(c) the discharge by the relevant police force of its national or international functions.
(3) A police and crime plan has effect from the start of the planning period until—

(a) the end of that planning period, or
(b) if another police and crime plan is issued in relation to the elected local policing body's area before the end of that planning period, the day when that other plan first has effect.
(4) The Secretary of State may give guidance to elected local policing bodies about the matters to be dealt with in police and crime plans.

(5) An elected local policing body must have regard to such guidance.

(6) Before giving guidance under subsection (4) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(b) the Mayor's Office for Policing and Crime,
(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and
(d) such other persons as the Secretary of State thinks fit.
(7) In this section, in relation to a police and crime plan— “financial year” means the financial year of the elected local policing body; “ordinary election”— (a) in relation to a police and crime commissioner, has the meaning given in section 5; (b) in relation to the Mayor's Office for Policing and Crime, has the meaning given in section 6; “planning period”, in relation to a police and crime plan, is the period that— (a) begins with— (a) (i) the day on which the plan is issued, or (ii) if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and (b) ends with the last day of the financial year in which the next ordinary election is expected to take place after the plan is issued; “qualifying day” means a day which meets the following conditions (so far as applicable) — (a) the day must fall after the day on which the plan is issued; (b) the day must not fall after the day on which the next ordinary election is expected to take place after the plan is issued; (c) in the case of a plan issued in accordance with the duty in section 5(1) or 6(1) , the day must be, or fall before, the first day of the financial year following the financial year in which that duty must be complied with.

8 Duty to have regard to police and crime plan (E+W)

(1) A police and crime commissioner must, in exercising the functions of commissioner, have regard to the police and crime plan issued by the commissioner.

(2) The chief constable of the police force for a police area listed in Schedule 1 to the Police Act 1996 must, in exercising the functions of chief constable, have regard to the police and crime plan issued by the police and crime commissioner for that police area.

(3) The Mayor's Office for Policing and Crime must, in exercising the functions of the Office, have regard to the police and crime plan issued by the Office.

(4) The Commissioner of Police of the Metropolis must, in exercising the functions of Commissioner, have regard to the police and crime plan issued by the Mayor's Office for Policing and Crime.

(5) The Secretary of State may give guidance to a person subject to a duty under this section about how that duty is to be complied with.

(6) A person given such guidance must have regard to the guidance.

(7) Before giving guidance under subsection (5) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(b) the Mayor's Office for Policing and Crime,
(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and
(d) such other persons as the Secretary of State thinks fit.

9 Crime and disorder reduction grants (E+W)

(1) The elected local policing body for a police area may make a crime and disorder reduction grant to any person.

(2) A crime and disorder reduction grant is a grant which, in the opinion of the elected local policing body, will secure, or contribute to securing, crime and disorder reduction in the body's area.

(3) The elected local policing body may make a crime and disorder reduction grant subject to any conditions (including conditions as to repayment) which the body thinks appropriate.