Police Reform and Social Responsibility Bill

267A: Schedule 15, page 169, line 12, after ““rights”” insert ““or interests”” 267B: Schedule 15, page 169, line 13, after ““scheme”” insert ““or retained by the transferor under the scheme or create rights or liabilities as between the transferor and transferee under the scheme”” 267C: Schedule 15, page 169, line 16, leave out sub-paragraphs (3) and (4) 267D: Schedule 15, page 169, line 24, leave out paragraph 11 267E: Schedule 15, page 169, line 33, at end insert— ““(3) A transfer scheme may confer functions on any person (including the Secretary of State).”” 267F: Schedule 15, page 170, line 5, leave out from ““person”” to end of line 14 and insert ““who— (a) ceases to be a member of the staff of an existing police authority, and (b) becomes a member of the staff of a new policing body. (4) Section 1 of the Local Government and Housing Act 1989 (politically restricted posts) does not apply to the person for as long as the person— (a) continues to be a member of the staff of the new policing body, and (b) carries out duties which are the same, or substantially the same, as the duties the person carried out as a member of the staff of the existing police authority.”” 267G: Schedule 15, page 170, line 18, at end insert— ““(1A) The replacement of an existing chief officer, the transfer or abolition of the functions of an existing chief officer, and the transfer of the rights and liabilities of an existing chief officer, do not affect anything done before the replacement, transfer or abolition. (1B) The transfer of the property, rights and liabilities of a new policing body do not affect anything done before the transfer.”” 267H: Schedule 15, page 170, line 20, leave out ““an existing police authority”” and insert ““a person”” 267J: Schedule 15, page 171, line 2, after first ““to”” insert ““Part 1A of this Schedule and”” 267K: Schedule 15, page 171, line 3, after ““of”” insert ““Part 1A of this Schedule and”” 267L: Schedule 15, page 171, line 4, leave out ““of an existing police authority”” 267M: Schedule 15, page 171, line 6, at end insert— ““Foreign property etc: perfection of vesting 15A (1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights and liabilities: perfection of vesting) apply in any case where a transfer by or under this Act provides for the transfer of foreign property, rights or liabilities. (2) In the application of those provisions by virtue of sub-paragraph (1)— (a) references to a transfer or pension instrument have effect as references to the transfer by or under this Act; and (b) references to the transferor and the transferee are to be construed accordingly. Transfers: supplementary provision 15B (1) All property, rights and liabilities to which a statutory transfer applies are to be transferred by that transfer, notwithstanding that they may be or include— (a) property, rights and liabilities that would not otherwise be capable of being transferred, or (b) rights and liabilities under enactments. (2) The property, rights and liabilities which may be transferred by a transfer scheme include— (a) property, rights and liabilities that would not otherwise be capable of being transferred, or (b) rights and liabilities under enactments. (3) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a statutory transfer or a transfer scheme (whether or not any consent required to the transfer has been obtained). (4) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a statutory transfer or a transfer scheme. (5) Sub-paragraphs (2) to (4) above have effect in relation to— (a) the grant or creation of an estate or interest in, or right over, any land or other property, or (b) the doing of any other thing in relation to land or other property, as they have effect in relation to a transfer of land or other property. (6) A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities. (7) Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to that person as a result of the apportionment or division. (8) The provision that may be made by a transfer scheme includes provision for— (a) any transfer of land or other property by virtue of the instrument, (b) the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or (c) the doing of any other thing in relation to land or other property by virtue of the instrument, to be on such terms, including financial terms, as the person making the scheme thinks fit. (9) The Secretary of State may by order confer on any body or person to whom property, rights or liabilities are transferred by a statutory transfer or transfer scheme any statutory functions which were previously exercisable in relation to that property, or those rights or liabilities, by the transferor. (10) It shall be the duty— (a) of existing police authorities, new policing bodies, existing chief officers, new chief officers and local authorities, and (b) of the trustees or managers, or administrators, of any pension scheme, to provide the Secretary of State with such information or assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by the Secretary of State in relation to a statutory transfer or a transfer scheme. (11) Where any person is entitled, in consequence of any transfer made by virtue of a statutory transfer or transfer scheme, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales— (a) the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and (b) section 64 of the Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section. (12) In this paragraph— ““relevant document”” means— (a) any enactment, other than an enactment contained in this Act; (b) any subordinate legislation made otherwise than under this Act; or (c) any deed or other instrument; ““statutory transfer”” means a transfer under Part 1 or 1A of this Schedule; ““transfer scheme”” means a transfer scheme under Part 2.”” 267N: Schedule 15, page 171, line 10, leave out ““the abolition of the existing police authorities”” and insert ““Part 1 of this Act (including provision that supplements or varies the provision made by this Schedule). (2) An order under this paragraph may, in particular— (a) amend, or otherwise modify, any enactment; (b) make any provision that may be made by a transfer scheme under Part 2 of this Schedule (whether the provision in the order relates to that Part or Part 1A of this Schedule); (c) provide for the new policing body for a police area to make any payment which— (i) before a day specified in the order could have been made out of the police fund of the existing police authority for that area, but (ii) is not a liability which is transferred to the new policing body by virtue of Part 1A of this Schedule; (d) provide for a new chief officer or a local authority to which property, rights or liabilities of a new policing body are, or are to be, transferred by virtue of a transfer scheme under Part 1A of this Schedule to make any payment which— (i) before a day specified in the order could have been made out of the police fund of that new policing body, but (ii) is not a liability which could be transferred by virtue of such a transfer scheme; (e) make provision in relation to the accounts and audit of— (i) existing police authorities, and (ii) new policing bodies. (3) Provision of the kind referred to in sub-paragraph (2)(e) may, in particular— (a) amend, or otherwise modify, any enactment relating to the accounts and audit of public bodies in its application to— (i) an existing police authority and the financial year in which that authority is abolished, or (ii) a new policing body and the financial year in which that body is established; (b) provide for the Secretary of State to give directions as to action to be taken in relation to the accounts and audit of— (i) an existing police authority in relation to the financial year in which that authority is abolished, or (ii) a new policing body in relation to the financial year in which that body is established; (c) provide for a person who, in acting in accordance with such a direction, fails to comply with a code of practice or other document relating to proper accounting practice to be taken not to have so failed to comply.”” 267P: Schedule 15, page 171, line 14, leave out from beginning to end of line 20 and insert— ““““existing chief officer”” means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable of the police force for that area before the coming into force of section 3 of this Act in relation to that area; (b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis immediately before the coming into force of section 5;”” 267Q: Schedule 15, page 171, line 30, at end insert— ““““new chief officer”” means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable established for that police area under section 3 of this Act; (b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis established under section 5;”” Amendments 267A to 267Q agreed. Schedule 16 : Police reform: minor and consequential amendments Schedule 16 : Police reform: minor and consequential amendments Amendments 268 and 269 not moved. Amendment 270 Moved by