APPENDIX 'A': SUMMARY OF POLICE AUTHORITY
STATUTORY DUTIES/RESPONSIBILITIES
The Police Authoritys three key functions
are:
- To secure an efficient and effective Police Service
(Section 6, Police Act 1996).
- To secure Best Value i.e. continuous improvement
in the way (its functions) are exercised having regard
to economy, efficiency and effectiveness (Section
3, Local Government Act 1999).
- To make arrangements for obtaining:
- the views of local people about the policing of
their area; and
- the co-operation of local people in preventing
crime.
(Section 96, Police Act 1996)
The Authority has a whole range of statutory duties
which underpin these functions. The following is not
an exhaustive list in particular, it does not
detail procedural matters under Local Government legislation
or those relating to the appointment or responsibilities
of Police Authority Officers/Staff under Police/Local
Government legislation. Instead, it focuses on key responsibilities
that the Police Authority is required to fulfil as part
of its functions. These are:
- To determine the local priorities for policing
after consulting local people and the Chief Constable
(Section 7, Police Act 1996).
- To publish an Annual Policing Plan including Ministerial
Priorities, local policing objectives and any performance
targets set by the Authority and including Best Value
Performance Plan (Section 8, Police Act 1996 &
Section 6, Local Government Act 1999 and associated
Regulations).
- To report back to the community at the end of the
year on the extent to which the Policing/Best Value
Performance Plan has been met (Section 9, Police Act
1996).
- To appoint and dismiss the Chief Constable and subject
to the approval of the Secretary of State (Section
11, Police Act 1996).
- To appoint and dismiss the Deputy Chief Constable,
Assistant Chief Constables (Section 12, Police Act
1996 and Police Regulations).
- To hold the Police Fund and maintain accounts (Section
14, Police Act 1996 and Section 40, Local Government
Finance Act 1992).
- To nominate one or more Members of the Authority
to answer questions on the discharge of the Authoritys
functions at a meeting of a relevant Council when
given reasonable notice of this by the Council (Section
20, Police Act 1996).
- To collaborate with other Police Authorities to
jointly provide equipment, premises, to other material
facilities, where appropriate (Section 23, Police
Act 1996).
- To decide the charges for the provision of special
Police Services (Section 25, Police Act 1996).
- To provide advice and assistance to an international
organisation, institution or a police body outside
the UK (includes secondment of Police Officers), subject
to the consent of the Home Secretary (Section 26,
Police Act 1996). The Authority can charge for such
advice/assistance.
- To comply with any direction given by the Secretary
of State on performance targets for Ministerial priorities
(Section 38, Police Act 1996).
- To comply with any Codes of Practice issued by the
Secretary of State relating to the discharge of Police
Authority functions (Section 39, Police Act 1996).
- To comply with any direction made by the Secretary
of State following an adverse report by HMIC i.e.
that the force is not, or will cease to be, effective
or efficient (Section 40, Police Act 1996).
- To comply with any direction made by the Secretary
of State as to the budget requirement (Section 41,
Police Act 1996).
- To comment on any HMIC report on the Force and any
comments made by the Chief Officer about the report
and to publish those comments (Section 55 Police Act
1996).
- To investigate complaints about the conduct of ACPO
officers (Section 68, Police Act 1996) or where appropriate
refer complaints to the PCA (Section 70, Police Act
1996).
- To keep itself informed of the workings of the complaints
and discipline procedures (Section 77, Police Act
1996).
- To have regard to any guidance issued by the Home
Secretary on complaints or disciplinary matters (Sections
83 & 87 Police Act 1996).
- To pay out of the Police Fund, in such cases and
to such extent as it thinks appropriate, any damages
or costs awarded against the police in respect of
torts or in relation to the settlement of a claim
(Section 88, Police Act 1996).
- To receive grants from any local Council which falls
wholly or partly within the Authority area either
unconditionally or, subject to conditions agreed with
the Chief Officer of Police (Section 92, Police Act
1996).
- To accept gifts of money or gifts and loans of other
property, including commercial sponsorship of any
activity of the Authority or force on such terms as
appear to it to be appropriate (Section 93, Police
Act 1996).
- To conduct Best Value Reviews of its functions in
accordance with any order made by the Secretary of
State (Section 5, LGA 1999).
- To publish any audit report on its Best Value Performance
Plan (Section 9, LGA 1999).
- To work with other responsible authorities
in formulating and implementing crime and disorder
audits and strategies for each Unitary Council in
its area (Section 5, Crime & Disorder Act 1998).
- 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 and disorder in its area (Section 17, Crime
& Disorder Act 1998).
- To comply with the requirements of the Freedom of
Information Act 2000.
- To have due regard of the need to:
Eliminate unlawful racial discrimination
Promote equality of opportunity and good relations
of persons of different racial groups.
(Section 2, Race Relations (Amendment) Act 2000)
- To maintain an effective Independent Custody Visitors
Scheme.
- To maintain an effective Animal Welfare Visiting
Scheme (non-statutory).
|