Policing and Crime Bill

Amendment 36A in this grouping is intended to assist collaboration and make its operation easier and more effective. At the risk of boring the Committee to death, to explain how this helps I need to address some of the complexities of local government legislation and some of the history of police authorities. At present, unlike other local government bodies, a police authority is not allowed to arrange for any of its functions to be discharged by another police authority. This prohibition is set out in Section 107 of the Local Government Act 1972. In 1972, when this Act came into force, police authorities were still committees of local authorities, as I explained earlier. In those circumstances, it was inappropriate for police authorities to have an independent legal status outside of their councils, and to arrange for another police authority to carry out their functions. But since 1995, police authorities have had an independent legal status, yet remain covered by arrangements which are no longer appropriate in this respect. This restriction has a particularly detrimental effect on joint procurement. Local authorities that wish to make joint procurement arrangements will usually nominate one authority to take the lead on behalf of the other authorities involved. This is usually the authority with the most expertise and experience to manage the procurement process, while other authorities contribute to the cost on a pro rata basis. However, these arrangements are predicated on being able to delegate certain functions. So this option is denied to police authorities, which cannot arrange for another authority to discharge their functions, including arranging for and awarding contracts. In practical terms this means that every authority or force taking part in collaborative procurement arrangements has to be a legal party and signatory to the procurement contract, to avoid falling foul of this section of the 1972 Act. Naturally, the result is needless bureaucracy and a disincentive to collaboration. The amendment would resolve this situation and so facilitate much greater collaboration, particularly in relation to procurement, which has driven significant efficiencies in local government.