Session 2010 - 12
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12

 
 

Office for Policing and Crime”

68

Page 114, line 24, leave out sub-paragraph (c) and insert—

 

  “(2A)  

But the Commissioner of Police of the Metropolis may not borrow

 

money.

 

    (2B)  

Sub-paragraph (2A) does not require the Commissioner of Police of the

 

Metropolis to obtain the consent of the Mayor’s Office for Policing and

 

Crime in order to enter into a contract or other agreement with a

 

person—

 

(a)    

by virtue of which the person becomes, or is, a member of the

 

metropolitan police force’s civilian staff, or

 

(b)    

which otherwise relates to the person’s membership of that

 

civilian staff (including the terms and conditions of the person’s

 

membership).”

Schedule 5

69

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

Schedule 6

70

Page 118, line 40, leave out “two” and insert “the appropriate number of”

71

Page 118, line 41, leave out “(1)” and insert “(1)(a)”

72

Page 119, line 3, at end insert—

 

  “(2A)  

For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

 

(a)    

two, or

 

(b)    

if a resolution of the panel under sub-paragraph (2B) is in force,

 

the number of co-opted members specified in that resolution.

 

    (2B)  

A police and crime panel may resolve that the panel is to have the

 

number of co-opted members specified in the resolution; but no such

 

resolution may be passed unless—

 

(a)    

that number of co-opted members is greater than two;

 

(b)    

the Secretary of State agrees that the panel should have that

 

number of co-opted members; and

 

(c)    

the total membership of the panel, including that number of co-

 

opted members, would not exceed 20.”

73

Page 123, line 24, leave out “two” and insert “the appropriate number of”

74

Page 123, line 25, leave out “(1)” and insert “(1)(a)”

75

Page 123, line 29, at end insert—

 

  “(2A)  

For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

 

(a)    

two, or

 

(b)    

if a resolution of the panel under sub-paragraph (2B) is in force,

 

the number of co-opted members specified in that resolution.

 

    (2B)  

A police and crime panel may resolve that the panel is to have the

 

number of co-opted members specified in the resolution; but no such

 

resolution may be passed unless—

 

(a)    

that number of co-opted members is greater than two;


 
 

13

 
 

(b)    

the Secretary of State agrees that the panel should have that

 

number of co-opted members; and

 

(c)    

the total membership of the panel, including that number of co-

 

opted members, would not exceed 20.”

76

Page 127, line 11, leave out paragraph (c)

77

Page 127, line 15, at end insert—

 

“22A (1)  

If the police and crime panel for a police area has two co-opted members,

 

a member of a local authority which is covered by that police area may

 

not be a co-opted member of that panel.

 

      (2)  

If the police and crime panel for a police area has three or more co-opted

 

members, a member of a local authority which is covered by that police

 

area may be a co-opted member of that panel only if at least two of the

 

other co-opted members are not members of any such local authority.”

78

Page 127, line 20, leave out “two”

79

Page 128, line 14, at end insert—

 

“(ba)    

paragraphs 7C and 7D of Schedule 1;”

80

Page 129, line 3, at end insert—

 

    “( )  

A police and crime panel must, in co-opting persons who are members

 

of relevant local authorities, secure that (as far is reasonably practicable)

 

the balanced appointment objective is met.

 

      ( )  

A police and crime panel—

 

(a)    

must, from time to time, decide whether the panel’s exercise of

 

the power conferred by paragraph 4(2B) or 13(2B) (changing the

 

number of co-opted members of the panel) would enable the

 

balanced appointment objective to be, or would contribute to

 

that objective being, met or more effectively met; and

 

(b)    

if the panel decides that the exercise of the power would do so,

 

must exercise that power accordingly.”

81

Page 129, line 5, leave out “the appointed” and insert “local authority”

82

Page 129, line 12, at end insert—

 

    “( )  

For that purpose “local authority members” means—

 

(a)    

appointed members of the police and crime panel, and

 

(b)    

co-opted members of the panel who are members of relevant

 

local authorities.”

83

Page 129, line 13, after “members” insert “who are not members of relevant local

 

authorities”

84

Page 129, line 16, at end insert—

 

“Duty to nominate elected mayor to be a member of the panel

 

“31A (1)  

This paragraph applies if—

 

(a)    

a local authority has a mayor and cabinet executive, and

 

(b)    

the elected mayor of that executive is not a member of the

 

relevant police and crime panel.


 
 

14

 
 

      (2)  

If the relevant local authority has power under paragraph 6(2), 7(2), 8(2)

 

or (3) or 16(2) to nominate one or more of its councillors to be members

 

of that panel, any exercise of that power must be such as to secure that

 

the elected mayor is the councillor, or one of the councillors, so

 

nominated.

 

      (3)  

If the Secretary of State is required by paragraph 10(2), 16(4)(b) or 18(2)

 

to nominate one or more persons to be members of that panel, the

 

Secretary of State must secure that the elected mayor is the person, or one

 

of the persons, so nominated.

 

      (4)  

The duty in sub-paragraph (2) or (3) does not apply at a particular time

 

if the person who holds office as the elected mayor at that time (the

 

“current mayor”)—

 

(a)    

has, since the start of the current mayoral term, already been

 

nominated to be a member of that panel (whether by the relevant

 

local authority or the Secretary of State), and

 

(b)    

did not become a member of that panel by virtue of the

 

nomination.

 

      (5)  

But sub-paragraph (4) does not prevent the exercise of a power under

 

this Schedule so as to make a further nomination of the current mayor to

 

be a member of that panel.

 

31B(1)  

This paragraph applies if—

 

(a)    

a local authority has a mayor and cabinet executive,

 

(b)    

under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority

 

nominates the person who holds office as elected mayor of the

 

executive at that time (the “current mayor”) to be a member of the

 

relevant police and crime panel,

 

(c)    

that is the first such nomination of the current mayor since the

 

start of the current mayoral term, and

 

(d)    

the current mayor does not become a member of that panel by

 

virtue of the nomination.

 

      (2)  

The Secretary of State may not, by virtue of that failure of the current

 

mayor to become a member of the police and crime panel, nominate a

 

person to be a member of that panel under paragraph 10(2) or 16(4)(b).

 

31C(1)  

This paragraph applies for the purposes of paragraphs 31A and 31B and

 

this paragraph.

 

      (2)  

A reference to the start of the current mayoral term of a person who is

 

the elected mayor of the executive of a local authority is a reference to the

 

time when that person—

 

(a)    

took office as elected mayor of that executive (if that person has

 

been so elected on only one occasion), or

 

(b)    

most recently took office as elected mayor of that executive (if

 

that person has been so elected on two or more occasions).

 

      (3)  

The “relevant police and crime panel”, in relation to a local authority, is

 

the police and crime panel for the police area which covers that

 

authority.

 

      (4)  

The expressions “elected mayor” and “mayor and cabinet executive”

 

have the same meanings as in Part 2 of the Local Government Act 2000.”

85

Page 129, leave out lines 19 to 32 and insert—


 
 

15

 
 

“(a)    

amend or otherwise modify any local authority enactment in its

 

application to police and crime panels or members of police and

 

crime panels, and

 

(b)    

apply any local authority enactment (with or without

 

modifications) to police and crime panels or members of police

 

and crime panels if, or to the extent that, it does not so apply.

 

      (2)  

In this paragraph “local authority enactment” means an enactment

 

which relates to—

 

(a)    

local authorities or committees or joint committees of local

 

authorities, or

 

(b)    

members of such authorities, committees or joint committees.”

Schedule 7

86

Page 131, line 36, at end insert—

 

         

“which relate to any relevant office holder.”

87

Page 132, line 15, leave out “, or other corrupt behaviour”

88

Page 132, line 19, leave out from “offence” to end of line 20

89

Page 132, line 22, after “which” insert “—

 

(a)    

relate to a holder of the office of—

 

(i)    

police and crime commissioner,

 

(ii)    

deputy police and crime commissioner, or

 

(iii)    

Deputy Mayor for Policing and Crime (unless the holder

 

of that office is a member of the London Assembly), and”

90

Page 132, line 45, at end insert—

 

“3A(1)  

This paragraph applies in relation to qualifying complaints which—

 

(a)    

relate to a holder of the office of—

 

(i)    

the Mayor’s Office for Policing and Crime, or

 

(ii)    

Deputy Mayor for Policing and Crime, if the holder of

 

that office is a member of the London Assembly, and

 

(b)    

are not, or cease to be, investigated by the Independent Police

 

Complaints Commission or a police force.

 

      (2)  

Regulations must secure that such complaints are dealt with in

 

accordance with Part 3 of the Local Government Act 2000.”

91

Page 133, line 10, leave out “police and crime commissioner” and insert “relevant

 

office holder”

92

Page 133, line 12, at end insert—

 

    “(2)  

But that does not apply to regulations under, or for the purposes of,

 

paragraph 3A.”

93

Page 133, line 18, after “expedient” insert “—

 

(a)    

94

Page 133, line 19, after “regulations” insert “, or

 

(b)    

for the purposes of paragraph 3A.”


 
 

16

 

Schedule 8

95

Page 133, line 28, leave out “constable to be chief constable until” and insert

 

“person to be chief constable unless—

 

(a)    

that person is, or has been, a constable in any part of the United

 

Kingdom, and

 

(b)    

96

Page 134, line 16, leave out “constable” and insert “person”

97

Page 134, line 32, leave out from “(2)” to “within” in line 33 and insert “to (4)”

98

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

99

Page 138, line 34, leave out from “private,” to “relating” in line 36 and insert “which

 

the police and crime commissioner and the chief constable are both entitled to

 

attend for the purpose of making representations”

Schedule 10

100

Page 143, line 6, leave out “limitation of expenses” and insert “funding and

 

expenditure of candidates, political parties and other persons”

101

Page 143, line 14, leave out paragraph 14

Schedule 11

102

Page 145, line 42, at end insert—

 

    “( )  

In subsection (1), after “section 5” insert “, with subsection (1A),”.

 

      ( )  

After subsection (1) insert—

 

“(1A)    

In exercising functions under subsection (1), apart from devolved

 

Welsh functions (as defined by section 5(8)), each of the

 

responsible authorities for a local government area must have

 

regard to the police and crime objectives set out in the police and

 

crime plan for the police area which comprises or includes that

 

local government area.”.”

103

Page 146, line 22, leave out “5(7)” and insert “5(8)”

Schedule 14

104

Page 154, line 40, leave out “this paragraph” and insert “sub-paragraphs (2) to (5)”

105

Page 155, line 16, at end insert—

 

    “(6)  

In consequence of the amendments made by sub-paragraphs (2) to (5)—

 

(a)    

in section 12(2) (complaints, matters and persons to which Part 2

 

applies), omit “, paragraph 2(4) of Schedule 3”;

 

(b)    

in section 29(1) (interpretation of Part 2), omit paragraph (b) of

 

the definition of “recordable conduct matter”.”

106

Page 156, line 13, leave out “paragraph 7(6)(a)” and insert “paragraphs 7(6)(a) and

 

16(1)(a)”

107

Page 156, line 14, at end insert—


 
 

17

 
 

    “(3)  

In section 22 (power of the Commission to issue guidance), in subsection

 

(5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-

 

paragraph (i)).”.”

108

Page 156, line 34, leave out sub-paragraph (6) and insert—

 

    “(6)  

For sub-paragraph (2) substitute—

 

  “(2)  

The appropriate authority shall notify the complainant —

 

(a)    

that the appropriate authority has decided to handle

 

the complaint as permitted by sub-paragraph (1) (in a

 

case where the appropriate authority is not required to

 

apply for permission under sub-paragraph (1A) to so

 

handle the complaint); or

 

(b)    

about the making of the application under sub-

 

paragraph (1A) (in a case where the appropriate

 

authority makes such an application).”.”

109

Page 157, line 5, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

110

Page 157, line 30, at end insert—

 

    “(5)  

In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “10(4D)”.”

111

Page 157, line 34, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

112

Page 158, line 21, at end insert—

 

    “(5)  

In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “11(3E)”.”

113

Page 163, line 44, leave out sub-paragraph (9) and insert—

 

    “(9)  

In sub-paragraph (9)—

 

(a)    

for “Commission” (in the first three places) substitute “relevant

 

appeal body”;

 

(b)    

for “considers appropriate, the Commission shall” substitute

 

“considers appropriate—

 

(a)    

sub-paragraph (9ZA) applies if the

 

Commission is the relevant appeal body; or

 

(b)    

sub-paragraph (9ZB) applies if the chief officer

 

of police is the relevant appeal body.

 

  (9ZA)  

The Commission shall—”.

 

    (9A)  

Before sub-paragraph (9A) insert—

 

 “(9ZB)  

The chief officer of police shall take such action as the chief

 

officer thinks appropriate in relation to the bringing of

 

disciplinary proceedings in respect of the matters dealt with in

 

the report.

 

  (9ZC)  

If disciplinary proceedings are brought by virtue of sub-

 

paragraph (9ZB), it shall be the duty of the appropriate

 

authority to ensure that they are proceeded with to a proper

 

conclusion.”.”

114

Page 164, line 8, leave out “the”


 
 

18

 

Schedule 15

115

Page 165, line 27, leave out from beginning to end of line 3 on page 166 and insert—

 

“Chief officers of police

 

Current chief officers to remain in post

 

1    (1)  

At the relevant commencement time a person who, immediately before

 

that time, is in post as the existing chief officer of the police force for a

 

police area becomes the new chief officer of that police force.

 

      (2)  

Where a person has, prior to the relevant commencement time, accepted

 

an appointment as the existing chief officer of the police force for a police

 

area which is to come into effect at a time (the “effective time“) which

 

falls at or after the relevant commencement time, that appointment is to

 

take effect at the effective time as an appointment as the new chief officer

 

of that police force.

 

      (3)  

Sub-paragraph (2) is without prejudice to any right of the person

 

appointed not to take up the appointment.

 

Transfer of rights and liabilities

 

2          

At the relevant commencement time, all rights and liabilities which

 

immediately before that time were rights and liabilities of the existing

 

chief officer of the police force for a police area are to transfer to the new

 

chief officer of that police force.

 

Relevant legislative provisions”

116

Page 166, line 5, leave out “day” and insert “time”

117

Page 166, line 6, after “apply” insert “after that time”

118

Page 166, line 10, leave out “day” and insert “time”

119

Page 166, line 11, after “apply” insert “after that time”

120

Page 166, line 20, leave out from beginning to end of line 24

121

Page 166, line 34, leave out from beginning to end of line 37 and insert—

 

“Interpretation

 

3A         

In this Part “relevant commencement time” means—

 

(a)    

in relation to a police area listed in Schedule 1 to the Police Act

 

1996, the time when section 2 comes into force in relation to that

 

area;

 

(b)    

in relation to the metropolitan police district, the time when

 

section 4 comes into force.


 
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Revised 22 July 2011