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| |
| | |
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| Office for Policing and Crime” |
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68 | Page 114, line 24, leave out sub-paragraph (c) and insert— |
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| “(2A) | But the Commissioner of Police of the Metropolis may not borrow |
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| |
| (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 |
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| |
| (a) | by virtue of which the person becomes, or is, a member of the |
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| metropolitan police force’s civilian staff, or |
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| (b) | which otherwise relates to the person’s membership of that |
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| civilian staff (including the terms and conditions of the person’s |
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| |
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69 | Page 116, line 8, leave out “three-quarters” and insert “two-thirds” |
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70 | Page 118, line 40, leave out “two” and insert “the appropriate number of” |
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71 | Page 118, line 41, leave out “(1)” and insert “(1)(a)” |
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72 | Page 119, line 3, at end insert— |
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| “(2A) | For the purposes of sub-paragraph (1)(b), the “appropriate number” is— |
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| |
| (b) | if a resolution of the panel under sub-paragraph (2B) is in force, |
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| the number of co-opted members specified in that resolution. |
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| (2B) | A police and crime panel may resolve that the panel is to have the |
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| number of co-opted members specified in the resolution; but no such |
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| resolution may be passed unless— |
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| (a) | that number of co-opted members is greater than two; |
|
| (b) | the Secretary of State agrees that the panel should have that |
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| number of co-opted members; and |
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| (c) | the total membership of the panel, including that number of co- |
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| opted members, would not exceed 20.” |
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73 | Page 123, line 24, leave out “two” and insert “the appropriate number of” |
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74 | Page 123, line 25, leave out “(1)” and insert “(1)(a)” |
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75 | Page 123, line 29, at end insert— |
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| “(2A) | For the purposes of sub-paragraph (1)(b), the “appropriate number” is— |
|
| |
| (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 |
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| 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 |
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| number of co-opted members; and |
|
| (c) | the total membership of the panel, including that number of co- |
|
| opted members, would not exceed 20.” |
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76 | Page 127, line 11, leave out paragraph (c) |
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77 | Page 127, line 15, at end insert— |
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| “22A (1) | If the police and crime panel for a police area has two co-opted members, |
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| 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 |
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| area may be a co-opted member of that panel only if at least two of the |
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| other co-opted members are not members of any such local authority.” |
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78 | Page 127, line 20, leave out “two” |
|
79 | Page 128, line 14, at end insert— |
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| “(ba) | paragraphs 7C and 7D of Schedule 1;” |
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80 | Page 129, line 3, at end insert— |
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| “( ) | A police and crime panel must, in co-opting persons who are members |
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| 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 |
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| the power conferred by paragraph 4(2B) or 13(2B) (changing the |
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| 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 |
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| (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” |
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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 |
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| |
83 | Page 129, line 13, after “members” insert “who are not members of relevant local |
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| |
84 | Page 129, line 16, at end insert— |
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| “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. |
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|
|
| |
| | |
|
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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— |
|
|
|
| |
| | |
|
| “(a) | amend or otherwise modify any local authority enactment in its |
|
| application to police and crime panels or members of police 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 |
|
| |
| (a) | local authorities or committees or joint committees of local |
|
| |
| (b) | members of such authorities, committees or joint committees.” |
|
|
86 | Page 131, line 36, at end insert— |
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| | “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 |
|
| |
92 | Page 133, line 12, at end insert— |
|
| “(2) | But that does not apply to regulations under, or for the purposes of, |
|
| |
93 | Page 133, line 18, after “expedient” insert “— |
|
| |
94 | Page 133, line 19, after “regulations” insert “, or |
|
| (b) | for the purposes of paragraph 3A.” |
|
|
|
| |
| | |
|
|
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 |
|
| |
| |
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” |
|
|
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 |
|
|
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)” |
|
|
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 |
|
| |
107 | Page 156, line 14, at end insert— |
|
|
|
| |
| | |
|
| “(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- |
|
| |
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 |
|
| |
| (b) | for “considers appropriate, the Commission shall” substitute |
|
| |
| (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 |
|
| |
| (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 |
|
| |
114 | Page 164, line 8, leave out “the” |
|
|
|
| |
| | |
|
|
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 |
|
| |
| (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— |
|
| |
| 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 |
|
| |
| (b) | in relation to the metropolitan police district, the time when |
|
| section 4 comes into force. |
|
|