Special services agreements

Report: 11
Date: 10 July 2003
By: Commissioner

Summary

In July 2002 Members received a report on the circumstances where special services of police are provided to third parties under section 25 of the Police Act 1996. This report updates Members on the progress of further work associated around the delivery of special services in certain circumstances.

A. Recommendations

That members note the report.

B. Supporting information

Background

1. Following a request from members, this report sets out the current position on the progress of further work associated around the delivery of special services in certain circumstances.

2. The progress of further work associated around the delivery of special services was originally raised as part of the report on Special Service Agreements to the Finance Committee in July 2002. At that time it was stated that this work was likely to be undertaken as part of the corporate response to the Income Generation report produced by Accenture in April 2002. It was agreed that clarification would be required on a number of legal and operational issues.

Special services of police - definitions

3. The term ‘special services’ relates to powers afforded to chief officers of police under section 25 of the Police Act 1996. These powers allow special services of police to be undertaken and for the costs of such special services to be recovered from the party receiving the services, as follows:

‘The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority’ [s. 25 Police Act 1996]

4. The process of deciding whether any particular suite of services qualifies as a ‘special service’ under the Police Act 1996 requires careful consideration. The decision rests not only on the general premise that the services must be additional to those set out in a Force’s policing plan, or that the services are provided on private rather than public property, it can also depend on detailed assessment of case law in specific circumstances.

5. The powers acquired under the 1996 Act are presently used by the MPS to undertake a number of services. These include:

• The delivery of services at the Palace of Westminster.
• Services undertaken in the policing of football matches and other sporting events.
• The provision of assistance for activities such as film making, traffic surveys and others.
• The delivery of services on buses and bus routes to Transport for London (TfL) under the Special Services Agreement approved by MPA in April 2002.
• Provision of services to Transport for London (TfL) including:
  • The police escort of large items of equipment through the MPS to facilitate their movement en route to the construction sites at Terminal 5 and Wembley Stadium.
  • The Bike Safe initiative that enables motorcyclists to be provided with safety advice by experienced police motorcyclists.
  • Police officers assigned under this agreement using their powers to stop vehicles to enable roadside emission testing to be carried out.
• Services provided to other bodies including business federations, nightclubs and other public and private sector organisations.
• Services provided to UK Detention Services at Harmondsworth Detention Centre.

6. It is possible that further Special Service Agreements may arise from continuing discussions with London Boroughs regarding the provision of Police Community Support Officers and the provision of helicopter flying time from the Air Support Unit to Transport for London. The progress of the negotiations in respect of any such arrangement will be reported to Members prior to entering into any formal Agreement.

7. Members will be aware of the impact that increased counter-terrorism measures have placed upon the MPS. Consequently it is felt appropriate to update members is respect of two specific agreements.

Operations at Heathrow Airport

8. The delivery of services at Heathrow Airport is undertaken under the Aviation Security Act 1982 (as amended) and accordingly does not qualify as a ‘special service’ under s. 25 of the 1996 Act. The Aviation Security Act provides (i) for chief officers of police to supply policing services to the operators of airports ‘designated’ by the Secretary of State and (ii) for police authorities to recover the costs of delivering such services by agreement with airport operators. The MPS has an ongoing relationship with Heathrow Airport Limited and recovers in the region of £25 m. per annum relating to the policing of Heathrow Airport.

9. The Audit Commission recently conducted an external audit of the agreement between the MPA and Heathrow Airport Limited. They report that the arrangements demonstrate a number of good practices, specifically in relation to the transparency of reporting costs and the rationale behind the cost allocation.

10. The costs of measures to enhance the security within the Heathrow Airport estate are currently met through direct Government grant in support of counter terrorist activity.

The Palace of Westminster

11. The MPS signed a special services agreement with the House of Lords and House of Commons (‘The Two Houses’) during July 1999. This followed a period in which the MPS had not been able to recover its costs in delivering services to the Two Houses. The agreement provides for the delivery of a suite of services to ensure the security of the Parliamentary Estate including the Palace of Westminster and outlying offices used by members of Parliament and for administrative purposes by the Palace authorities.

12. The contract is worth nearly £22m. in the 2003/04 financial year and services are delivered using a legally binding document produced in association with legal advisers, which came into effect on 1 September 1999 with a contract term of two years. The Divisional Commander manages the contract with support from Finance Services. Subsequently the Two Houses have indicated their satisfaction with the delivery of services, and accordingly the agreement has been extended until 31 March 2004. Costs specified in the agreement are recovered on a monthly basis using a payments profile which is cash flow neutral to the Authority.

13. The Metropolitan Police Service and the Two Houses have commenced negotiations on the renewal of the contract due to be introduced on 1 April 2004. Sir John Quinton is the MPA link member for the negotiations. Once negotiations have been concluded a report will be brought to Finance Committee for approval.

14. Following the terrorist attacks in New York in September 2001, there was a variation to the existing agreement. The cost of the additional security was discussed with the Palace of Westminster who agreed to meet the cost. The MPS would approach the recovery of the cost of similar additional security provision in similar vein. The MPS is currently in discussion with the Palace of Westminster authorities on the current increase in security arrangements.

Clarification on legal and operational issues identified in the Accenture income generation report

15. In the report to Finance Committee in July 2002 it was explained that the Accenture report on Income Generation estimated the cost of policing sporting and other events in 2001/02 at £11 m. and in that year £2.4 m. was recovered from football clubs and other organisers. The higher costs refer to costs incurred outside the grounds that under existing MPS policy have not been regarded as recoverable under s. 25 of the 1996 Act.

16. In 2002/03, approximately £2.8m was recovered from football clubs and other organisers. The Accenture report recommended that charging for the full cost of policing Association Football matches should be explored. The Finance Committee has been presented with a separate report on this specific issue at the meeting on 16 January 2003 (Agenda item 8- Football club recharges.). The Finance Committee agreed to continue discussions with London clubs while also representing the Association of Police Authorities in new national discussions between the Home Office, the Football Association and the Association of Chief Police Officers. These discussions are currently ongoing and any substantial development will be reported to Members.

C. Equality and diversity implications

There are no issues which impact upon equality or diversity.

D. Financial implications

Financial issues are discussed in the main body of the report.

E. Background papers

None

F. Contact details

Report author: Craig Watkins, Head of Business Support, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Send an e-mail linking to this page

Feedback