No.

Scope

Source or Reference

Relevant Specific Constraints

Comments

A1

Legal existence as a corporate body

S3(2), Police Act 1996,

See Notes

A2

Overarching duties are to secure an efficient and effective police service and to hold the Chief Constable to account for the exercise of his functions and those of persons under his/her direction and control, having regard to the views of local people in carrying out all their functions

S6, Police Act 1996, as amended by paragraph 7, Schedule 2, Police and Justice Act 2006, and the Policing and Crime Act 2009, 1

A3

Police Authorities to consist of members who represent relevant councils (who must be in a majority) and independent members (at least one of whom must be a magistrate).

Schedules 2 and 3, Police Act 1996 (as amended by Police & Justice Act 2006 and the Police Authority Regulations 2008 (SI No 630)) - para 8 of the Police Authority Regulations 2008 as amended by the Police Authority (Community Engagement and Membership) Regulations 2010, 5

Relevant councils appointing to a Police Authority must ensure that the persons appointed represent the interests of a wide range of people in the community, include persons with requisite skills, knowledge or experience, who are committed to promoting diversity; and who are prepared to commit sufficient time to being proactive in the role.

Amended by the draft Police Authority (Community Engagement & Membership) Regulations 2010 which give effect to the White Paper commitments to improve capacity and capability of all Police Authority Members

A4

Metropolitan Police Authority to consist of the Mayor of London (if he so chooses) and other members appointed by the Mayor of London from amongst the members of the London Assembly (who must be in a majority) and independent members (one of whom is appointed by the Secretary of State and at least one of whom must be a magistrate)

Schedules 2A and 3, Police Act 1996 (as amended by Police & Justice Act 2006 and the Metropolitan Police Authority Regulations 2008 (SI No 631))

A5

Required to nominate one or more members of the Authority to answer questions on the discharge of the Authority's functions at a meeting of a relevant Council when given reasonable notice of this by the Council.

S20, Police Act 1996

No.

Scope

Source or Reference

Relevant Specific Constraints

Comments

B1

B1.1

B1.2

B1.3

B1.4

B 1.5

Collaboration

To collaborate with other police authorities to jointly provide equipment, premises, or other material or facilities, and staff and services where appropriate, and to approve proposals made by the chief officer to work jointly with other forces.

To provide advice and assistance to an international organisation, institution or a police body outside the UK, subject to the consent of the Home Secretary, for which the Authority can charge

To collaborate with other authorities for the discharge of functions where such cooperation would be:

● In the interests of the efficiency or effectiveness of the police force maintained for its area; or

● In the interests of the efficiency or effectiveness of one or more police forces maintained for the areas of other police authorities.

Draw up a collaboration agreement which makes provision for payments between police authorities

To have regard to any guidance drawn up by the Secretary of State on collaboration

S23, Police Act 1986, and s 23A as amended by the Policing and Crime Act 2009 5

S26, Police Act 1996

(S6ZA, Police & Justice Act 1996 - and The Police Authorities (Particular Functions and Transitional Provisions) Order 2008 (SI No 82)) and s 23A amended by the Policing and Crime Act 2009 s 5

Policing and Crime Act 2009 23B &C

The chief officer cannot make an agreement without the approval of his/her authority; the Authority must consult with its chief officer before entering into an arrangement.

The Authority must inform the Chief Officer of any agreements before entering into them and must publish the agreement.

Amended by the Policing and Crime Act 2009

B2

B2.1

B2.2

B2.3

B2.4

B2.5

B2.6

B2.7

Complaints

To investigate complaints about the conduct of ACPO rank officers or where appropriate refer complaints to the IPCC

To keep informed of the working of the complaints and discipline procedures, including direction and control matters

To have regard to any guidance issued by the Home Secretary or the IPCC on complaints or disciplinary matters

To compile and maintain a list of independent persons to sit on certain misconduct panels arising from a complaint

Arrange for appeals through Independent Police Appeals Tribunals from police officers who have been dismissed or reduced in rank

To provide the IPCC with all such information and documents as may be required by the Commission for the purposes of the carrying out of any of its functions.

To monitor issues complained about by members of the public and intervene where it appears to the Authority that the response of the Force is unsatisfactory, ensuring that the member of the public receives a response which is satisfactory

Consider pension forfeiture in respect of police officers dismissed for misconduct

S13 and Schedule 3, Police Reform Act 2002

S77, Police Act 1996 and S14(2) and S15(2), Police Reform Act 2002

S83 and S87, Police Act 1996 and S22, Police Reform Act 2002

Part 2, Police Reform Act 2002, (Complaints and Misconduct) and Part 3 (Disciplining of Police Officers), and Police (Conduct) Regulations 2008

S50 & 87 Police Act 1996

Schedule 6 Police Act 1996

S17, Police Reform Act 2002

Article 5A Police Authorities (Particular Functions and Transitional Provisions Order) 2008 as amended by the Police Authorities (Particular Functions and Transitional Provisions (Amendment) Order 2010

S50 Police Act 1996

Amended by the draft Police Authorities (Particular Functions and Transitional Provisions (Amendment) Order 2010

B3

B3.1

B3.2

B3.3

B3.4

Consultation and Engagement

To consult representatives of persons subject to non-domestic rates on proposals for expenditure in the relevant financial year

To make arrangements for obtaining

● The views of local people about the policing of their area, ensuring that the Authority obtains a wide variety of views, including those aged under 21 and over 65, people from the business and voluntary sectors and people from diverse backgrounds;

● The co-operation of local people in preventing crime and anti-social behaviour in their area

Separate consultative arrangements are put in place by the MPA for each London Borough in consultation with its respective local authority

To make arrangements to involve communities in the development of approaches to disability

S65, Local Government Finance Act 1992

S96, Police Act 1996 and S2 of Police and Justice Act 2006 - S30 (2) of Schedule 2, amended by the draft Police Authority (Community Engagement and Membership) Regulations 2010

S62B of Police Act 1996 as revised by Police and Justice Act 2006 and detailed in Policing Plan Regulations 2008

Disability Discrimination Act 2005 - and Combined Equalities Bill is likely to suggest this approach should be extended to other forms of diversity

Consultation with the public should be statistically significant, take place sufficiently often to ensure that the Authority is fully aware of the views of the public, offer the public a variety of routes by which to express their views; and remove duplication in consultation

See B6

Amended by the Policing and Crime Act 2009 s 1 and the draft Police Authority (Community Engagement and Membership) Regulations 2010

HMIC recommendations also suggest communities are involved in police race & diversity training.

B4

B4.1

B4.2

B4.3

B4.4

B4.5

Efficiency and Effectiveness/Continuous Improvement

To secure the maintenance of an efficient and effective police force for its area

To secure best value, which includes an obligation to secure continuous improvement (within both force and authority), having regard to a combination of economy, efficiency and effectiveness. Also prescribes approaches to a number of other matters, such as procurement and the treatment of staff employed under procurement arrangements (e.g. Transfer of Undertakings (Protection of Employment) Regulations 1981 and subsequent amendments);

To comply with directions given by the Secretary of State where s/he believes a Force or Authority is failing to discharge its functions in an effective manner, subject to HMIC's comments

To determine the local priorities for policing - after consulting local people and the Chief Constable

Publish a Value for Money statement which sets out any planned improvements in the Force's efficiency and productivity, how the plans will be achieved, what cashable gains will be delivered

S6, Police Act 1996

S1, Local Government Act 1999, as amended by S4 Police and Justice Act 2006 and Part 7 Local Government and Public Involvement in Health Act 2007

S40, S40A and s40B, Police Act 1996 - inserted by Schedule 2, Police and Justice Act 2006

S7 and S96, Police Act 1996

Regulation 4(d) of the Policing Plan Regulations 2008(b) as amended by the draft Policing Plan (Amendment) Regulations 2009

A Police Authority is not a best value Authority for the purposes of S5 (best value reviews), S6 (best value performance plans), S7-9 (audit of best value performance plans), S13(5) and S15 of the 1999 Act (s4, Police & Justice Act 2006)

See B11

B5

B5.1

B5.2

B5.3

B5.4

B5.5

B5.6

Equalities and Diversity

To promote diversity within Force and within the Authority

To put in place Race, Disability and Gender Equalities Schemes and monitor the force equalities schemes

To monitor and scrutinise the use of stop and search and stops by the Force

To monitor and scrutinise the Authority's and Force's employment procedures and practice

To have due regard for the need to:

● eliminate unlawful racial discrimination

● promote equality of opportunity and good relations between persons of different racial groups

To monitor the performance of the police force maintained for its area in complying with the duties imposed on that force by the Human Rights Act 1998

S6ZA ,Police Act 1996 inserted by paragraph 8, Schedule 2 of the Police & Justice Act 2006 and The Police Authorities (Particular Functions and Transitional Provisions) Order 2008 (SI No 82)

Race Relations (Amendment) Act 2000, Disability Discrimination Act 2005 and the Equalities Act 2006).

Home Office Recording of Stops - Implementation Guide 2004 and Codes of Practice under Police and Criminal Evidence Act 1984

Race Relations Act 1976 (Statutory Duties) Order 2001 - SI 3458

S71(1), Race Relations Act 1976 and S2, Race Relations (Amendment) Act 2000

S404(b) Greater London Act 1999

S 6ZA, Police Act 1996

Draft Police Authority (Community Engagement and Membership) Regulations 2010 requires nominating Councils to appoint people who will promote diversity within the Force and Authority

Note also guidance about Combined Equalities Schemes, which anticipates a Combined Equalities Bill, expected to be launched in 2009

B6

Finance

To set the budget determined the level of finance, determine the capital programme of the MPS and approve large property and equipment scanner. All buildings, equipment and other assets are owned by the MPA

S146A Local Government Act 1972

S86 and 90 Greater London Act 1999

B6.1

B6.2

B6.3

B6.4

B6.5

B6.6

B6.7

B6.8

B6.9

B6.10

B6.11

B6.12

B6.13

B6.14

To hold the Police Fund and maintain accounts

The Authority is a major precepting authority.

When making calculations for setting the precept, to consider a report of the Chief Finance Officer on the robustness of the estimates made for the purpose of that calculation and on the adequacy of the proposed financial reserves

To agree the police budget and set the precept

To decide the charges for the provision of special police services

To comply with any direction made by the Secretary of State as to the budget requirement

To pay out of the police fund any damages or costs awarded against the police in respect of torts or in relation to the settlement of a claim

To conduct a review at least once in a year of the effectiveness of its system of internal control and prepare an Annual Governance Statement

To submit an annual financial return to the Secretary of State containing such information as he may require

To review calculations made for the precept from time to time during the year, using the same figures for reserves, and take action to deal with any deterioration

To consult representatives of persons subject to non-domestic rates on proposals for expenditure in the relevant financial year.

To subject the accounts of the Authority to audit by or on behalf of the Audit Commission

To consider an external auditor's report in the public interest under Section 8 within one month of it being sent to the Authority (unless the auditor affords an extension of time) and to decide whether the report requires the Authority to take any action or whether the recommendation is accepted, and what if any action to take in response to the report or recommendation

To submit the Authority's accounts and auditor's reports to public scrutiny and inspection

S14, Police Act 1996

S39, Local Government Finance Act 1992 (as amended by the Police Act 1996)

S25, S26 and S27, Local Government Act 2003

S19, Police Act 1996 and S39-S43, Local Government Finance Act 1992

S25, Police Act 1996

S41, Police Act 1996

S88, Police Act 1996

Regulation 4(2) of the Accounts and Audit Regulations 2003, as amended by the Accounts and Audit (Amendment) Regulations 2006 and the Accounts and Audit (Wales) Regulations 2005)

S168, Local Government Act 1972 and Schedule 13, Local Government Finance Act 1992

S28, Local Government Act 2003

S 65 Local Government Finance Act 1999

S 2 and Schedule 2, Audit Commission Act 1998

S 8 - S11A, Audit Commission Act 1998

S 15 and S16, Audit Commission Act 1998

Chapters IV and IVA of the Local Government Finance Act 1992 set out the detailed rules about (a) precepting, (b) substituted precepts, (c) the calculation of precepts, the basic amount of tax and amounts payable by billing authorities and (d) the limitation of precepts (“capping”), which are not repeated in detail here

A decision to set the precept must be approved by (a) at least half of the total numbers of members of the Authority at the time of the decision and (b) include more than half the Councillor members (S19 Police Act 1996)

The detailed operation of the Commission's procedures, the publication of reports in the public interest, and of general reports, are set out in detail in the 1998 Act and Accounts and Audit Regulations 2003 as amended. These Regulations include the requirements for a sound system of internal control, the maintenance of proper accounting systems and control systems, internal audit, the preparation and publication of the statement of accounts, and public rights of inspection

The Annual Governance Statement has to be supported by the appropriate assurance frameworks and structures within the Authority. CIPFA, APA and ACPO have published relevant guidance in “Delivering Good Governance in Local Government -Interim Guidance for Police Authorities...”

Wider consultation on policing (S 96 Police Act 1996) can usefully include matters relating to budgets and precepting

A report under S8 made in respect of one or more Police Authorities (including the MPA) has to be copied to the Secretary of State (S32 Audit Commission Act 1998)

B7

B7.1

B7.2

B7.3

Health and Safety

As employers, to discharge the duty for the health and safety of police staff and police authority staff, and ensure that the Chief Officer likewise discharges his/her duties as an employer Act 1997);

To discharge duties with regard to the health and safety of non-employees and ensure the Chief Officer does likewise, and to ensure the premises within the police force estate are safe

The Authority (and its Chief Officer) is potentially liable for death caused by serious failings in the management of the organisation

S2, Health and Safety at Work Act 1974 and Police (Health and Safety)

Act 1997

S 3 and S4, Health and Safety at Work Act 1974,

Corporate Manslaughter and Homicide Act 2007

B8

B8.1

B8.2

B8.3

B8.4

B8.5

Human Resources

To appoint and dismiss the Chief Constable, the Deputy Chief Constable and the Assistant Chief Constable (ACPO rank officers), subject to the approval of the Secretary of State

To suspend and, where appropriate, be the disciplinary authority for the Chief Constable, the Deputy Chief Constable, and the Assistant Chief Constables

To be consulted by the Chief Officer about deputising ACPO rank officers to exercise the powers of the Chief Officer in his/her absence

Recruit and appoint assistant commissioners, deputy assistant commissioners, and commanders and agree all their terms, conditions and remuneration. The Home Secretary and Mayor appoint the Commissioner and Deputy Commissioner and remove them from office on the grounds of efficiency or effectiveness.

Legal employer of all civilian staff working for the MPS

S11, S11A, S12, Police Act 1996; S123, Criminal Justice and Police Act 2001; and Police Regulations

S11 and 12 Police Act 1996

S12A Police Act 1996 - as amended by Schedule 2, paragraph 15, Police and Justice Act 2006

S1 Local Government Act 1999

S15 Police Act 1996

S1-21 Local Government and Housing Act 1989

The Secretary of State and authorities will take advice from the Police Senior Appointments Panel on the training and development needs of candidates & other matters

Amended by the Policing and Crime Act 2009 s 2 which amends the Police Act 1996: s 53C

B8.4

B8.5

To comply with Police Regulations made about conditions of service of police forces

S50, Police Act 1996

B9

B9.1

B9.2

B9.3

Information

To ensure that both the Authority and the Force comply with the requirements of the Freedom of Information Act 2000

To ensure that both the Authority and the Force comply with the requirements of the Data Protection Act 1998

To ensure that both the Authority and the Force comply with the requirements to share information about crime and disorder

Freedom of Information Act 2000

Data Protection Act 1998

S17A and 115, Crime and Disorder Act 1998 (as amended by Schedule 9, Police & Justice Act 2006 and the Crime and Disorder (Prescribed Information) Regulations (SI No 1831)

B10

B10.1

B10.2

B10.3

Partnership

Designated as `responsible authority', with duty to work together with other `responsible authorities' in formulating and implementing crime and disorder strategic assessment and partnership plans, and in consulting communities about crime and disorder matters

To exercise its functions with due regard to the likely effect of the exercise of those functions on and the need to do all that it reasonably can to prevent crime, disorder and anti-social behaviour in its area

To disclose information to support the aims of the Crime & Disorder Act i.e. the prevention and detection of crime

S5 & S6 Crime & Disorder Act 1998, Schedule 9 Police & Justice Act 2006, The Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007 (SI No 1830);

Crime & Disorder Reduction Partnership's National Minimum Standards (Formulation Implementation of Strategy 2007) No.1830

S17, Crime & Disorder Act 1998 and Schedule 9, Police & Justice Act 2006

S115, Crime & Disorder Act, 1998

B10.3

To co-operate with the responsible local authority in determining LAAs, and to have regard to local improvement targets which relate to it in exercising its functions, subject to having been consulted by the responsible local authority about the LAA and having given its consent to the target for which it is responsible

S103-S113, Local Government and Public Involvement in Health Act, 2007

B11

B11.1

B11.2

B11.3

B11.4

B11.5

Planning/Performance Management

To publish a Policing Pan setting out the local policing objectives during that year and the proposed arrangements for policing the area in the coming three years, following consultation with local people and the Chief Officer, and consistent with the Secretary of State's strategic policing priorities

To publish a Value for Money for Statement within the Policing Plan, setting out planned improvements in efficiency and productivity, referring particularly to deployment of officers & staff, reductions in overtime spend, process improvement work, adoption of national frameworks for procurement, measures to achieve national convergence of information technology, measures to reduce back office support functions and reductions in overheads; to specify how the improvements will be made, how much cashable gain they will deliver; and if the Authority is not aiming to undertake any of these requirements, why not.

To monitor the performance of the Force against the Policing Plan

To have regard to the strategic policing priorities determined by the Secretary of State

To formulate and implement strategies for the reduction of crime and disorder, and for combating the misuse of drugs, alcohol and other substances

S 6ZB Police Act 1996, inserted by paragraph 9, Schedule 2, Police & Justice Act 2006

Amended by the draft Policing Plan (Amendment) Regulations 2009

S6ZA Police Act 1996 inserted by paragraph 8, Schedule 2 of the Police and Justice Act 2006 and The Police Authorities (Particular Functions and Transitional Provisions) Order 2008 (SI No 82)

S6 ,Police Act 1996 as amended by paragraph 7, Schedule 2, Police & Justice Act 2006

S 6,Crime and Disorder Act 1998

Amended by the draft Policing Plan (Amendment) Regulations 2009

B12

B12.1

B12.2

B12.3

B12.4

B12.5

B12.6

B12.7

Reports

To produce annually a local policing summary

To report back to local communities as soon as possible after the end of the financial year on the extent to which the Policing Plan has been met

Require reports on policing matters from the Commissioner, especially those relating to policies and strategies

To comment on any HMIC report on the force and any comments made by the chief constable about the report and to publish those comments

To submit to the Secretary of State reports as may be specified

To receive the Chief Officer's annual report to the Police Authority, submitted as soon as possible after the end of each financial year, and to require the Chief Officer to submit reports to the Authority on matters and in a form specified by the Authority.

To publish and monitor an annual best value performance plan, outlining targets and performance against a programme of fundamental reviews

S157, Serious and Organised Crime and Police Act 2005

S9, Police Act 1996

S22, Police Act 1996

S55, Police Act 1996

S43, Police Act 1996

S22, Police Act 1996

S1, Local Government Act 1999

NB: this requirement is still in force but will soon be replaced by alternative provisions under S6ZC Police Act 1996, introduced through paragraph 9, Schedule 2, Police & Justice Act 2006, enabling the Secretary of State to make regulations about reporting requirements

Will be further amended as a result of the Policing White Paper

B13

B13.1

B13.2

B13.3

B13.4

B13.5

Standards

To adopt an approved Code of Conduct setting out the conduct expected of members of the Authority

To have in place a Standards Committee comprising at least 25% Independent Persons, with a sub-committee to deal with initial assessment of allegations about the conduct of members and another sub-committee to review decisions made by the assessment sub-committee

It is the duty of the Standards Committee to promote high standards of conduct within the authority and monitor the operation of the Authority's Code of Conduct.

A member of a Police Authority is required, within two months of the adoption of a Code, or on accepting office as a member of the Authority, to give a written undertaking to observe the Authority's Code of Conduct for the time being

A Police Authority may remove a Member for failing to attend for more than 3 months without permission of the Authority; is convicted of a criminal offence; is incapacitated or otherwise unfit; or if the Authority is satisfied the Member has not committed sufficient time to take a proactive role or has failed to meet any requirement of the post set out by the Authority at their appointment

S49-S52, Local Government Act 2000, as amendment by Part 10 of the Local Government and Public Involvement in Health Act 2007

S53-S56, Local Government Act 2000 (as amended by the Local Government Act 2003, Part 10 of the Local Government and Public Involvement in Health Act 2007 and the Standards Committees (England) Regulations 2008

S53-S56, Local Government Act 2000, as amended

S53-S56, Local Government Act 2000, as amended

Police Authority Regulations 2008 para 24 as amended by the draft Police Authority (Community Engagement & Membership) Regulations 2010

See C11

See C11

B14

B14.1

B14.2

B14.3

Statutory Officers

To ensure that one police authority officer with prescribed accounting qualifications is designated as Chief Finance Officer (i.e. Treasurer), with responsibility for the administration of financial affairs and compliance with financial obligations

To ensure that one police authority officer is designated as the Monitoring Officer with responsibility for ensuring the authority is compliant with legal requirements

To ensure that a person is appointed as Chief Executive to the police authority

S151, Local Government Act 1972 and S112-S114, Local Government Finance Act 1988

S5, Local Government and Housing Act 1989).

S16, Police Act, as amended by paragraph 18, Schedule 2 Police and Justice Act 2006

The person appointed as the Monitoring Officer cannot be the same person as the Chief Finance Officer (i.e. Treasurer) above but can be the Chief Executive (S5(1) Local Government and Housing Act 1989 (as amended by Police and Magistrates Courts Act 1994)

The effect of S15, Police Act 1996 appears to give the Authority discretion to appoint or designate to the post someone who is not an officer of the Authority

The duties of the Chief Finance Officer including making a report if it appears that the Authority has made or is about to make a decision to take unlawful action likely to cause a loss, or to incur unlawful expenditure

The effect of S15, Police Act 1996 appears to give the Authority discretion to appoint or designate to the post someone who is not an officer of the Authority

The Monitoring Officer is given power under S 82A of the 2000 Act to arrange for particular functions to be performed personally by a person nominated by the Monitoring Officer for the purpose (Section 113 Local Government Act 2003)

The effect of S15 Police Act 1996 appears to give the Authority discretion to appoint or designate to the post someone who is not an officer of the Authority.

A Police Authority (other than the City of London) is not required to appoint a Head of Paid Service. The Local Authorities (Standing Orders) (England) Regulations 2001 do not apply to Police Authorities and hence the statutory protections in the Schedule 3 of the Regulations about disciplinary action do not apply to the Chief Executive of the Authority - nor its Monitoring Officer or Chief Finance Officer.

B15

B15.1

B15.2

B15.3

Other

To maintain an effective Independent Custody Visitors scheme

Authorities are designated as a `relevant person' for the purposes of agreeing a `police services agreement' for the policing of designated airports

A `relevant partner' under the Children's Act 2004, with a duty to co-operate with local authorities in protecting and safeguarding the welfare of young people and to have regard to the same when carrying out its own duties

S51, Police Reform Act 2002

S25B, Aviation Security Acts 1982, inserted by Schedule 1 Civil Aviation Act 2006

S10 and S11, Children's Act 2004

No.

Scope

Source or Reference

Relevant Specific Constraints

Comments

C1

C1.1

C1.2

C1.3

C1.4

Access to Meetings

Public access to meetings and documents of authorities

The Minutes of the proceedings of the Authority are to be open to the inspection of any local government elector for the Authority's area, who may make a copy of or extract from them.

A Local Government Elector may also inspect and take copies of areas for the payment of money and the Authority's accounts

A requirement to keep a document of any description can be satisfied by keeping a photographic copy of that document (in colour if that is relevant to the context of the document)

S 99 - 100K, Local Government Act 1972

S228, Local Government Act 1972

S229, Local Government Act 1972

S229, Local Government Act 1972

C2

C2.1

C2.2

C2.3

C2.4

C2.5

Acquisition, Use and Disposal of Land

Acquire land by agreement

Acquire land compulsorily

Disposal of land

The Authority can be made subject to a direction of the Secretary of State requiring the establishment of a register of public land and the Secretary of State's power to order a disposal of land on the register

The Authority may not dispose of land forming part of an open space without prior public notice of its intention to do so

S120 and S146A, Local Government Act 1972

S121 and S146A, Local Government Act 1972

S123, Local Government Act 1972

Local Government Planning and Land Act 1980 - Part X

S123, Local Government Act 1972

A Police Authority may not dispose of land, otherwise than by way of a short tenancy, for a consideration less than best that can reasonably be obtained. However, the General District Consent 2003 applies giving a range of circumstances in which such disposal is permitted without the Secretary of State's approval

The Acquisition of Land Act 1981 applies to compulsory purchase by Police Authorities

C3

C3.1

Allowances to Members

The Authority may pay such allowances to its Chairman, Vice-chairmen and other members as the Authority may determine; and may reimburse expenses as the Secretary of State may determine

Schedule 2 of the Police Act 1996 as amended by S107, Criminal Justice and Police Act 2001

These provisions may include persons who are not members of the Authority but are members of the Authority's Standards Committee

C4

C4.1

C4.2

Authentication of Documents

Any notice, order or other document which the Authority is authorised or required to give, make or issue may be signed on behalf of the Authority by the Proper Officer

A document which purports to bear the signature of the Proper Officer of the Authority is deemed only the signatory is proved to be duly given made or issued by the authority of the Authority

S234, Local Government Act 1972 and S41 of the Local Government (Miscellaneous Provisions) Act 1976

S234 ,Local Government Act 1972 and S41 of the Local Government (Miscellaneous Provisions) Act 1976

C5

C5.1

Boundaries

The Authority is subject to the impact of the Electorate Commission in the power of the commission to recommend changes which include consequential changes in police areas

S13 and S14 Local Government Act 1992 (as amended by the Police and Magistrates Courts Act 1994)

C6

C6.1

C6.2

C6.3

Charging and Trading

The Chief Constable may provide, at the request of a person, special police services at any premises or in any locality in the Authority's area, and the Authority determines the charges/scales to be paid

The Authority may charge for the provision of goods and services to any person

As a best value authority, the Authority may charge for the provision of a service if there is no other legal power enabling it to do so, and it is not prohibited from doing so

S25, Police Act 1996

S1(3), Local Authorities (Goods and Services) Act 1970 as amended by S18, Police Act 1996

S93 Local Government Act 2003

Taking one financial year with another, income from charges under Section 93 must not exceed the cost of provision

With the wide scope of S1 of the Local Authorities (Goods and Services) Act1970 it seems unlikely that S93 of the 2003 Act would be needed

Notwithstanding this, ensuring that taking one financial year with another, income from charges does not overly exceed the cost of provision remains a matter of significance for external auditors - as does the need to ensure that the money of the council tax-payers in the Authority's area is not put at risk, particularly for any trading outside the Authority's area.

C7

C7.1

C7.2

Companies

The Authority may hold interests in Companies and the provisions of Part V of the Local Government and Housing Act 1989 (as amended) are applicable

The Authority cannot trade in function-related activities through a Company

Part V Local Government and Housing Act 1989 (as amended)

S95 Local Government Act 2003

Participation in Companies is subject to a complex regime of controls (including in some circumstances the requirement to subject business plans for external audit) - not set out here.

The financial consequences of participation in companies are complex and advice should always be sought from the Chief Finance Officer

C8

C8.1

C8.2

C8.3

C8.4

C8.5

Contracts

The Authority may enter into Contracts for the purposes of its statutory functions

The Authority must make Standing Orders with respect to the making by them or on their behalf of contracts for the supply of goods and materials and for the execution of works.

A person entering into a Contract with the Authority is not bound to enquire whether the Contract Standing Orders have been complied with and non-compliance does not invalidate the Contract

The Authority must exercise its functions in relation to its proposed or subsisting public supply or works contracts without reference to any of the specified non-commercial considerations. This includes that only specified questions about Race Relations matters may be asked; and the obligation to give reasons for any decisions on contract matters

The Authority may utilise the procedures for the creation of certified contracts, the effect of which is that the contract has effect and is deemed always to have had effect, as if the Authority had power to enter into it

S111 and S146A, Local Government Act 1972; S1, Local Authorities (Contracts) Act 1997

S135, Local Government Act 1972

S135, Local Government Act 1972

Part 2, Local Government Act 1988 (detailed rules not set out here)

S2 - S9, Local Government (Contracts) Act 1997

In practice most Authorities would include the provision of services in such Contract Standing Orders

Police Authorities are subject to the provisions of the Public Contracts Regulations 2006 (Article 3 of the Regulations) compliance with which is mandatory. Whilst there is DOE guidance about Contract Standing Orders in Circular DOE 15/83, in practice they are invariably subject to the requirements of EU Directives

C9

C9.1

Delegations to Committees Etc

The Authority may arrange for the discharge of any of its functions by a Committee or Sub-Committee of the Authority and if authorised to do so by the Authority, a Committee may sub-delegate to a Sub-Committee. These powers can also be applied to a Joint Committee.

S101 and S107, Local Government Act 1972

The Authority's functions with respect to issuing a precept or borrowing money can only be exercised by the Authority itself

The Police Authority may not arrange for the discharge of its functions by another Police Authority. A Police Authority may not therefore act as “lead Authority” on behalf of others (S107, Local Government Act 1972)

The general expectation is that an Authority will have in place a Delegation Scheme setting out the delegations to Committees and Sub-Committees etc and (as below) have a Scheme for delegation to the Chief Constable and officers of the Authority

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