OpenLegislation

The Elected Local Policing Bodies (Specified Information) Order 2011

S.I. 2011/3050 · Made 20 December 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 24 February 2025.

Police, England And Wales

Made 20th December 2011

Laid before Parliament 22nd December 2011

Coming into force 16th January 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 11(2) of the Police Reform and Social Responsibility Act 2011f1.C1C2C3

Annotations to the whole text

Modifications

C1

Order applied (with modifications) (1.10.2017) by The Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 (S.I. 2017/863), arts. 1(1), 28, Sch. 1

C2

Order applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 50

C3

Order applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 50

Footnotes

f1

2011 c. 13.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Specified information
  3. Signature
  4. Schedule: PART 1 – INFORMATION
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 2AParagraph 2A
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5
  11. 6Paragraph 6
  12. 7Paragraph 7
  13. 7AParagraph 7A
  14. 7BParagraph 7B
  15. 7CParagraph 7C
  16. 8Paragraph 8
  17. Part 2 – TIMES OF PUBLICATION
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 16AParagraph 16A
  27. 16BParagraph 16B
  28. 16CParagraph 16C
  29. 17Paragraph 17
  30. Part 3: Manner of Publication
  31. 18Paragraph 18
  32. 19Paragraph 19
  33. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Elected Local Policing Bodies (Specified Information) Order 2011 and comes into force on 16th January 2012.

C1C2(2)

In this Order—

  • “the 2011 Act” means the Police Reform and Social Responsibility Act 2011;

  • “election” means—

    1. (a)

      where the elected local policing body is a police and crime commissioner, an election held under section 50 of the 2011 Act; and

    2. (b)

      where the elected local policing body is the Mayor’s Office for Policing and Crime, an election held under section 16 of the Greater London Authority Act 1999f1;

  • “relevant office holder” means—

    1. (a)

      where the elected local policing body is a police and crime commissioner, the commissioner and any deputy police and crime commissioner appointed by the commissioner; and

    2. (b)

      where the elected local policing body is the Mayor’s Office for Policing and Crime, the Mayor of London and any Deputy Mayor for Policing and Crime appointed by the Mayor;

  • “senior employee” means a member of the staff of an elected local policing body whose salary exceeds £58,200; and

  • “staff”, where the elected local policing body is a police and crime commissioner, does not include a deputy police and crime commissioner appointed by the commissioner.

2Specified informationI1

(1)

For the purposes of section 11(1) of the Police Reform and Social Responsibility Act 2011, the Secretary of State specifies—

(a)

the information set out in Part 1 of the Schedule; F1...

(b)

the times of publication set out in Part 2 of the Schedule F2, and

F3(c)

the manner of publication set out in Part 3 of the Schedule

(2)

Nothing in this Order applies to information if publication of that information—

(a)

would, in the view of the chief officer of police, be against the interests of national security;

(b)

might, in the view of the chief officer of police, jeopardise the safety of any person;

(c)

might, in the view of the chief officer of police, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice; F4...

(d)

is prohibited by or under any enactment F5; or

(e)

is required under the Procurement Act 2023.

Signature

Nick Herbert

Minister of State

Home Office

20th December 2011

1I1

In relation to the relevant office holders of the elected local policing body—

(a)

the name of each relevant office holder;

(b)

the address for correspondence of each relevant office holder;

(c)

the salary of each relevant office holder;

(d)

the allowances paid to each relevant office holder in respect of expenses incurred by the office holder in the exercise of the body’s functions;

(e)

a register of interests of relevant office holders, including every paid employment or office or other pecuniary interest of each relevant office holder.

(f)

the number of complaints or conduct matters that have been brought to the attention of a relevant office holder by the police and crime panel (either because they have been referred to the F1Director General of the Independent Office for Police Conduct, or because they are being subjected to informal resolution by the panel).

2I1

In relation to the staff (and, in relation to gifts and hospitality, also the relevant office holders) of the elected local policing body—

(a)

the number of members of the staff;

(b)

the proportion of the staff who—

(i)

are women,

(ii)

are, to the knowledge of the elected local policing body, members of an ethnic minority,

(iii)

have, to the knowledge of the elected local policing body, a disability (within the meaning of section 6 of the Equality Act 2010f1);

(c)

an organisational chart showing the structure of the staff;

(d)

the job title, responsibilities and salary of each senior employee and (unless the senior employee refuses to consent to the publication of his name) the name of the senior employee;

(e)

a register of each offer of a gift or hospitality made to a relevant office holder or member of staff, indicating whether the offer was accepted or refused.

2AF1

In relation to—

(a)

the duty of the chief officer of the police force maintained by the elected local policing body to provide assistance to the body under section 2(5) or 4(5) of the 2011 Act; and

(b)

the power of a local authority to provide administrative, professional or technical services to the elected local policing body under section 1(1) of the Local Authorities (Goods and Services) Act 1970f1,

information as to any arrangements for use by the elected local policing body of the staff of the chief officer or of a local authority under those provisions.

3I1

In relation to the income and expenditure of the elected local policing body—

(a)

the total budget of the elected local policing body;

(b)

where the elected local policing body is a police and crime commissioner, the precept issued by the commissioner;

(c)

information as to each anticipated source of revenue of the elected local policing body (other than, in the case of a police and crime commissioner, the precept);

(d)

information as to the proposed expenditure of the elected local policing body;

(e)

a copy of the annual investment strategy of the elected local policing body;

(f)

information as to each crime and disorder reduction grant made by the elected local policing body, including the conditions (if any) attached to the grant, the recipient of the grant, the purpose of the grant and the reasons why the body considered that the grant would secure, or contribute to securing, crime and disorder reduction in the body’s area;

F1(g)

information as to each item of expenditure of—

(i)

the elected local policing body, or

(ii)

the chief officer of the police force maintained by the body,

exceeding £500 (other than a crime and disorder reduction grant made by the elected local policing body F2or an item of expenditure to which sub-paragraph (h) applies), including the recipient of the funds, the purpose of the expenditure and the reasons why the body or the chief officer (as the case may be) considered that good value for money would be obtained;

F3(h)

information as to each item of expenditure of the elected local policing body in relation to travel by, accommodation for, or the subsistence of, a relevant office holder, including the recipient of the funds, the purpose of the expenditure and the reasons why the elected local policing body considered that good value for money would be obtained.

4I1

In relation to the property, rights and liabilities of the elected local policing body—

(a)

the identity of any premises or land owned by, or occupied for the purposes of, the elected local policing body;

F1(b)

a copy of each contract with a value exceeding £10,000 to which—

(i)

the elected local policing body, or

(ii)

the chief officer of the police force maintained by the body,

is or is to be a party;

(c)

a copy of each invitation to tender issued by—

(i)

the elected local policing body, or

(ii)

the chief officer of the police force maintained by the body,

in relation to a contract which the body or chief officer (as the case may be) expects will have a value exceeding £10,000;

(d)

a list of every contract with a value not exceeding £10,000 to which—

(i)

the elected local policing body, or

(ii)

the chief officer of the police force maintained by the body,

is or is to be a party, including the value of the contract, the identity of every other party to the contract and the purpose of the contract.

5I1

In relation to the decisions of the elected local policing body—

(a)

the date, time and place of each public meeting to be held by the elected local policing body;

(b)

a copy of the agenda for each public meeting held by the elected local policing body, and any report or other document that is the subject matter of an item on the agenda;

(c)

a copy of the minutes of each public meeting held by the elected local policing body, and of each meeting which is not a public meeting but at which matters of significant public interest arising from the exercise of the body’s functions are discussed.

(d)

a record of each decision of significant public interest arising from the exercise of the elected local policing body’s functions, whether made by the body at or as a result of a meeting or otherwise.

6I1

In relation to the policies of the elected local policing body—

(a)

a statement of the policy of the elected local policing body in relation to the conduct of relevant office holders, including procedures for the handling of qualifying complaints and conduct matters (within the meaning of section 31 of the 2011 Act);

(b)

a statement of the policy of the elected local policing body in relation to the making of decisions of significant public interest arising from the exercise of the body’s functions;

(c)

a statement of the policy of the elected local policing body in relation to records management, including procedures for the security and sharing of information and the retention and destruction of documents;

(d)

a statement of the policy of the elected local policing body in relation to the handling of qualifying disclosures (within the meaning of section 43B of the Employment Rights Act 1996f1).

7I1

In relation to the prevention of crime and disorder, a copy of any report required by the elected local policing body from the responsible authorities for a local government area under section 7(1) of the Crime and Disorder Act 1998f1.

7AF1

In relation to the key national priorities for policing, as communicated to elected local policing bodies by the Secretary of State—

(a)

a statement on the contribution of the police force maintained by the elected local policing body to achieving improvements against those priorities;

(b)

an explanation of which of the national priorities are assessed to be applicable and which not applicable in the context of the relevant police area and the reasons for that assessment.

7BF1

In relation to inspections and reports by the inspectors of constabulary under section 54(2) of the Police Act 1996 (appointment and functions of inspectors of constabulary)f1, the most recent—

(a)

annual report on the effectiveness, efficiency and legitimacy of the police force maintained by the elected local policing body;

(b)

summary assessment of the performance of the police force maintained by the elected local policing body.

7CF1

In relation to complaints concerning the police force maintained by the elected local policing body—

(a)

the most recent—

(i)

quarterly data in relation to that police force;

(ii)

annual statistics report,

published by the Independent Office for Police Conduct;

(b)

a report setting out—

(i)

details of how the elected local policing body has fulfilled its duty under—

(aa)

in the case of police and crime commissioners, section 1(8)(ca) of the 2011 Act (police and crime commissioners) to hold the chief constable to account for the exercise of the chief constable’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(bb)

in the case of the Mayor’s Office for Policing and Crime, section 3(8)(ca) of the 2011 Act (Mayor’s Office for Policing and Crime) to hold the Commissioner of Police of the Metropolis to account for the exercise of the Commissioner’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(ii)

an assessment by the elected local policing body of its performance in exercising its functions under paragraph 30(1)(b) of Schedule 3 to the Police Reform Act 2002 (reviews: the relevant review body);

(iii)

where the elected local policing body has given notice to the chief officer of the police force maintained by the body under section 13A of the Police Reform Act 2002 (local policing bodies: functions in relation to complaints) that it is to exercise certain functions of the chief officer in relation to complaints, an assessment by the body of its performance in exercising those functions.

8I1F1

In relation to the independent custody visitor arrangements made under section 51 of the Police Reform Act 2002, information as to the operation of the arrangements.

9I1

The information specified in the following provisions is to be published as soon as practicable after an election, and shall be reviewed each year thereafter and any variation published—

(a)

paragraph 1(a) to (c);

(b)

paragraph (2)(d);

(c)

paragraph (4)(a);

(d)

paragraph 6;

F1(e)

paragraph 8.

10I1

The information specified in paragraph 3(a) to (e) is to be published in respect of each financial year, before the beginning of the financial year to which it relates.

11I1

The information specified in paragraph 1(f) is to be published in respect of each financial year, as soon as practicable after the end of the financial year to which it relates.

12I1

The information specified in F1paragraphs 2(a) to (c) and 2A is to be published as soon as practicable after an election, and shall be reviewed every six months thereafter and any variation published.

13I1F1

The information specified in paragraphs 1(d) F2, 3(h) and 4(d) is to be published quarterly, as soon as practicable after the end of the quarter to which it relates.

14I1

The information specified in paragraph 3(f) and (g) is to be published each month, as soon as practicable after the end of the month to which it relates.

15I1

The information specified in paragraphs 1(e) and 2(e) is to be published as soon as practicable after an election, and any variation is to be published as soon as practicable after it becomes known to the elected local policing body.

16I1

The information specified in the following provisions is to be published as soon as practicable after it becomes available to the elected local policing body—

(a)

paragraph 4(b) and (c);

(b)

paragraph 5;

(c)

paragraph 7.

16AF1

The information specified in paragraph 7A—

(a)

is to be published at the same time as the elected local policing body’s police and crime plan issued in accordance with section 5(1) of the 2011 Act (police and crime commissioners to issue police and crime plans), and

(b)

is to be reviewed, and any variation published—

(i)

quarterly thereafter, and

(ii)

within the period of one month beginning with the date of publication of an annual report by the inspectors of constabulary on the effectiveness, efficiency and legitimacy of the police force maintained by the elected local policing body.

16BF1

The information specified in paragraph 7B is to be published within the period of one month beginning with the date of publication by the inspectors of constabulary of—

(a)

in the case of paragraph 7B(a), a report referred to in that paragraph;

(b)

in the case of paragraph 7B(b), a summary assessment referred to in that paragraph.

16CF1

The information specified in—

(a)

paragraph 7C(a) is to be published within the period of one month beginning with the date of publication of the data or report referred to in that sub-paragraph;

(b)

paragraph 7C(b) is to be published annually, within the period of one month beginning with the date of publication of the annual statistics report referred to in paragraph 7C(a).

17F1

Where a police and crime commissioner is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 the commissioner must publish the information in sub-paragraphs (a) and (b) in a consolidated form rather than in relation to each relevant office holder separately—

(a)

in relation to an elected local policing body the information specified in paragraph 1(a), (b), (c) and (e); and

(b)

in relation to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 the information specified in paragraph 1(a),(b), (c) and (e) as applied with modifications to such an authority by the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017.

18F1

The information specified in paragraphs 7A, 7B and 7C is to be published in a prominent place on the website of the elected local policing body.

19F1

The information specified in paragraph 7B is to be published in a manner that includes a link to the information published by the elected local policing body under section 55(5) (publication of reports) of the Police Act 1996.

Explanatory note

(This note is not part of the Order)

This Order specifies information that must be published by elected local policing bodies, and the time of publication of that information.

An elected local policing body is, in relation to a police area in England and Wales outside London, the police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 and, in relation to the metropolitan police district, the Mayor’s Office for Policing and Crime.

Article 2(2) of the Order has the effect that information that would otherwise be specified information but the publication of which would be harmful on various grounds, or would be contrary to any enactment, does not have to be published.