Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1 Section 15 of the Police Reform and Social Responsibility Act 2011 (the 2011 Act) provides the Mayor’s Office for Policing and Crime (MOPAC) with the legislative powers to charge for the supply of goods and services to a third party and make a charge to recover the full cost of providing those goods and services. These charges are based upon ‘what the market can bear’ as they must be at least full cost recovery, reasonable and able to withstand external challenge.
1.2 Section 25 of the Police Act 1996, as amended by Schedule 16, paragraph 24 of the 2011 Act, (Provision of Special Services) with reference to MOPAC, allows Forces to charge for special police services which they may provide in respect of the provision of police officers and staff at the request of a third party.
1.3 There are a number of fees and charges that are set within statute or legislation. This includes items such as the removal, storage and disposal of vehicles, firearms certificates, pedlar’s certificates and overseas visitors registration.
2. Issues for consideration
2.1 Following a comprehensive review of the Schedule of Fees and Charges, a number of new areas of charging have been identified. The income from the fees and charges is recovered under the provisions of existing legislation, as outlined below, and can be classified under a number of specific categories, namely:
- MPS calculated fees and charges which generally will be increased by a set percentage that reflect increases to pay and other inflationary costs;
- Fees and charges where the rates are either set or advised by other Agencies including the National Police Chief Council (NPCC);
- Fees and charges that are determined by statute or legislation.
2.2 The review has been limited to fees and charges that are levied upon the public and other bodies based on rates that are normally reviewed and updated on an annual basis. The Schedule of Fees and Charges has not been revised since 2015/16 and therefore whilst the proposed rates may appear to be significant, the rates represent three-years’ worth of incremental increases on the currently published rates. The review does not cover contractual arrangements negotiated by the MPS, on behalf of MOPAC, on an individual basis. The MPS will continue to review the options concerning charging for MPS services wherever feasible.
3. Financial Comments
3.1 It is anticipated, that based on the areas that can legitimately be reviewed in line with inflation, approximately £1m of additional income will be realised.
4. Legal Comments
4.1 The MOPAC has the legal power to charge third parties for goods and services under section 15 of the Police Reform and Social Responsibility Act 2011 and to charge for the provision of special police services under section 25 of the Police Act 1996.
4.2 The legislation referred to above does not specify how the charges should be calculated but the case law and NPCC guidance referred to in this report allows the MOPAC to increase its charges to reflect its increased costs caused by inflation.
4.3 On this basis, the recommendations can be lawfully approved.
5. Equality Comments
5.1 A full Equalities Impact Assessment (EIA) has been completed and a number of stakeholders have been consulted. The Fees and Charges are set such that no vulnerable individual will suffer any detriment because of the increases to the Schedule of Fees and Charges.
6. Background/supporting papers
6.1. Appendix 1- List of Fees and Charges
6.2. MPS Report