Police Reform and Social Responsibility Bill (HL Bill 77)

(a) any damages or costs awarded against a chief constable in any

proceedings brought against the chief constable in respect of the acts

or omissions of a member of the relevant police force’s civilian staff;

(b) any costs incurred by a chief constable in any such proceedings so far

5as not recovered by the chief constable in the proceedings; and

(c) any sum required in connection with the settlement of any claim

made against a chief constable in respect of the acts or omissions of a

member of the relevant police force’s civilian staff, if the settlement

is approved by the relevant police and crime commissioner.

(2) 10A police and crime commissioner may, in such cases and to such extent as

appear to the commissioner to be appropriate, pay out of the police fund

kept by the commissioner—

(a) any damages or costs awarded against a member of the relevant

police force’s civilian staff in proceedings for any unlawful conduct

15of that person;

(b) any costs incurred and not recovered by such a member of staff in

such proceedings; and

(c) any sum required in connection with the settlement of a claim that

has or might have given rise to such proceedings.

20Disciplinary action etc

9 Paragraph 2 does not affect the application of regulations under section 50

of the Police Act 1996 to the constable who occupies the office of chief

constable.

Section 4

SCHEDULE 3 25Mayor’s Office for Policing and Crime

Allowances

1 (1) The occupant of the Mayor’s Office for Policing and Crime is to be paid

authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of

30expenses incurred by the occupant of the Mayor’s Office for Policing and

Crime in the exercise of the functions of that Office, which are of the kinds

and amounts designated by the Secretary of State as payable in accordance

with this paragraph.

(3) A determination under this paragraph may make different provision for

35different cases.

(4) Payments under this paragraph are to be made by the Mayor’s Office for

Policing and Crime.

Staff

2 (1) The Mayor’s Office for Policing and Crime must appoint a person to be the

40head of that Office’s staff (referred to in this Part as the chief executive of the

Mayor’s Office for Policing and Crime).

(2) The Mayor’s Office for Policing and Crime may appoint such other staff (in

addition to the chief executive, and the chief finance officer appointed under

section 127(2) of the Greater London Authority Act 1999) as the Office thinks

appropriate to enable the Office to exercise its functions.

(3) 5A reference in any enactment to the officers of a functional body of the

Greater London Authority is, in the case of the Mayor’s Office for Policing

and Crime, to be read as a reference to the staff of that Office.

3 (1) The Mayor’s Office for Policing and Crime must appoint a person to act as

chief executive, if and for as long as—

(a) 10that post is vacant, or

(b) the holder of that post is, in the opinion of the Mayor’s Office for

Policing and Crime, unable to carry out the duties of that post.

(2) A reference in any enactment to the chief executive of the Mayor’s Office for

Policing and Crime includes a reference to a person acting as chief executive

15in accordance with sub-paragraph (1).

The Deputy Mayor for Policing and Crime

4 (1) This paragraph applies to the person appointed under section 20 to be the

Deputy Mayor for Policing and Crime.

(2) None of the following may be appointed as the Deputy Mayor for Policing

20and Crime—

(a) a police and crime commissioner;

(b) a person who has not attained the age of 18 on the day of

appointment;

(c) a person who is subject to a relevant disqualification;

(d) 25a Member of the House of Commons;

(e) a member of the European Parliament;

(f) a member of the National Assembly for Wales;

(g) a member of the Scottish Parliament;

(h) a member of the Northern Ireland Assembly.

(3) 30The terms and conditions of a person who is appointed as the Deputy Mayor

for Policing and Crime must provide for the appointment to end not later

than the day when the current term of office of the occupant of the Mayor’s

Office for Policing and Crime ends.

(4) If, and for as long as, the person who is Deputy Mayor for Policing and

35Crime is a member of the London Assembly, the Deputy Mayor for Policing

and Crime is not to be regarded as a member of staff of the Mayor’s Office

of Policing and Crime.

(5) But sub-paragraph (4) does not prevent the person who is the Deputy Mayor

for Policing and Crime from receiving allowances and gratuities under

40paragraph 6.

(6) Section 7 of the Local Government and Housing Act 1989 (appointment of

staff on merit) does not apply to the Deputy Mayor for Policing and Crime.

(7) In this paragraph “current term of office”, in relation to the appointment of

a member of staff by the occupant of the Mayor’s Office for Policing and

Crime, means the occupant’s term of office which is running at the time the

appointment is made.

(8) For the purposes of this paragraph, a person is subject to a relevant

disqualification if the person is disqualified from being elected as, or being,

5a police and crime commissioner under—

(a) section 67(1) (police officers, police-related employment etc), other

than paragraph (e)(ii); or

(b) section 68(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,

bankruptcy, criminal convictions & corrupt or illegal election

10practices).

Notification of appointments

5 (1) This paragraph applies to every appointment of a member of staff of the

Mayor’s Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime must notify the London

15Assembly of—

(a) the name of the person appointed;

(b) the post to which the person has been appointed; and

(c) the terms and conditions on which the person has been appointed.

(3) In this paragraph, a reference to appointment of a person as a member of

20staff of the Mayor’s Office for Policing and Crime includes a reference to a

person who is already a member of staff of the Office being appointed to a

different post within the staff of the Office.

Remuneration etc of staff

6 (1) The Mayor’s Office for Policing and Crime may pay remuneration,

25allowances and gratuities to the members of the staff of the Office.

(2) The Mayor’s Office for Policing and Crime may pay—

(a) pensions to, or in respect of, persons who have been members of the

staff of the Office, and

(b) amounts for or towards provision of pensions to, or in respect of,

30persons who have been members of the staff of the Office.

(3) In this paragraph “allowances”, in relation to a member of the staff of the

Mayor’s Office for Policing and Crime, means allowances in respect of

expenses incurred by the member of staff in the course of employment as

such a member of staff.

35Incidental powers

7 (1) The Mayor’s Office for Policing and Crime may do anything which is

calculated to facilitate, or is conducive or incidental to, the exercise of the

functions of the Office.

(2) That includes—

(a) 40entering into contracts and other agreements (whether legally

binding or not);

(b) acquiring and disposing of property (including land);

(c) borrowing money.

(3) This paragraph is subject to the other provisions of this Act and to any other

enactment about the powers of the Mayor’s Office for Policing and Crime.

Protection from personal liability

8 (1) A person who is the occupant of the Mayor’s Office for Policing and Crime

5has no personal liability for an act or omission done by the person in the

exercise of the functions of the office unless it is shown to have been done

otherwise than in good faith.

(2) A person who is a member of staff of the Mayor’s Office for Policing and

Crime has no personal liability for an act or omission done by the person in

10the carrying out of duties as a member of staff unless it is shown to have been

done otherwise than in good faith.

Financial year

9 (1) The first financial year of the Mayor’s Office for Policing and Crime is the

period that—

(a) 15begins with the day on which section 4 comes into force, and

(b) ends with the relevant 31 March.

(2) After that, the financial year of the Mayor’s Office for Policing and Crime is

the period of 12 months ending with 31 March.

(3) In this paragraph “relevant 31 March”, in relation to the first financial year

20of the Mayor’s Office for Policing and Crime, means—

(a) if that financial year begins on or before 1 October, the first 31 March

that falls after the beginning of the financial year;

(b) if that financial year begins after 1 October, the second 31 March that

falls after the beginning of the financial year.

Section 4

25SCHEDULE 4 Commissioner of Police of the Metropolis

Civilian staff

1 (1) The Commissioner of Police of the Metropolis must appoint a person to be

responsible for the proper administration of the metropolitan police force’s

30financial affairs (referred to in this Part as the metropolitan police force’s

chief finance officer).

(2) The Commissioner of Police of the Metropolis may appoint such other staff

as the Commissioner thinks appropriate—

(a) to enable the Commissioner to exercise the Commissioner’s

35functions, or

(b) otherwise to assist the metropolitan police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief

finance officer of the Commissioner of Police of the Metropolis as it applies

to the persons having responsibility for the administration of financial

40affairs mentioned in that section.

Remuneration etc of staff

2 (1) The Commissioner of Police of the Metropolis may pay remuneration,

allowances and gratuities to the members of the metropolitan police force’s

civilian staff.

(2) 5The Commissioner of Police of the Metropolis may pay—

(a) pensions to, or in respect of, persons who have been members of the

metropolitan police force’s civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of,

persons who have been members of the metropolitan police force’s

10civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a metropolitan

police force’s civilian staff, means allowances in respect of expenses

incurred by the member of staff in the course of employment as such a

member of staff.

15Incidental powers

3 (1) The Commissioner of Police of the Metropolis may do anything which is

calculated to facilitate, or is conducive or incidental to, the exercise of the

functions of the Commissioner.

(2) That includes—

(a) 20entering into contracts and other agreements (whether legally

binding or not);

(b) acquiring and disposing of property, apart from land, but only with

the consent of the Mayor’s Office for Policing and Crime;

(c) borrowing money, but only with the consent of the Mayor’s Office

25for Policing and Crime.

(3) This paragraph is subject to the other provisions of this Act and to any other

enactment about the powers of the Commissioner.

Damages and costs in legal proceedings

4 (1) The following amounts must be paid out of the police fund kept by the

30Mayor’s Office for Policing and Crime—

(a) any damages or costs awarded against the Commissioner of Police of

the Metropolis in any proceedings brought against the

Commissioner in respect of the acts or omissions of a member of the

metropolitan police force’s civilian staff;

(b) 35any costs incurred by the Commissioner of Police of the Metropolis

in any such proceedings so far as not recovered by the Commissioner

in the proceedings; and

(c) any sum required in connection with the settlement of any claim

made against the Commissioner of Police of the Metropolis in respect

40of the acts or omissions of a member of the metropolitan police

force’s civilian staff, if the settlement is approved by the Mayor’s

Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime may, in such cases and to such

extent as appear to the Office to be appropriate, pay out of the police fund

45kept by the Office—

(a) any damages or costs awarded against a member of the metropolitan

police force’s civilian staff in proceedings for any unlawful conduct

of that person;

(b) any costs incurred and not recovered by such a member of staff in

5such proceedings; and

(c) any sum required in connection with the settlement of a claim that

has or might have given rise to such proceedings.

Disciplinary action etc

5 Section 5(1) does not affect the application of regulations under section 50 of

10the Police Act 1996 to the constable who occupies the office of Commissioner

of Police of the Metropolis.

Section 27

SCHEDULE 5 Issuing precepts

Introduction

1 (1) 15A police and crime commissioner may not issue a precept under section 40

of the Local Government Finance Act 1992 for a financial year until the end

of the scrutiny process is reached.

(2) The end of the scrutiny process is reached when—

(a) in a case where paragraph 5 applies, the police and crime

20commissioner gives the police and crime panel a response to the

panel’s report; or

(b) in a case where paragraph 6 applies, the end of the process is reached

in accordance with regulations under paragraph 8.

(3) References in this Schedule to the issuing of a precept include references to

25the issuing of a substitute precept.

Commissioner to notify panel of proposed precept

2 The police and crime commissioner must notify the relevant police and

crime panel of the precept which the commissioner is proposing to issue for

the financial year (the “proposed precept”).

30Panel to review proposed precept

3 (1) The police and crime panel must review the proposed precept notified to it

under paragraph 2.

(2) The panel must make a report to the commissioner on the proposed precept.

(3) The report may include recommendations, including recommendations as

35to the precept that should be issued for the financial year.

Panel’s power to veto precept

4 (1) The police and crime panel may, having reviewed the proposed precept,

veto the proposed precept.

(2) If the panel vetoes the proposed precept, the report made under paragraph

3 must include a statement that the panel has vetoed it.

(3) References in this Schedule to a police and crime panel vetoing a proposed

precept are references to the panel making a decision, by the required

5majority, that the proposed precept should not be the precept for the

financial year.

(4) For that purpose, the panel makes that decision by the required majority if

at least three-quarters of the persons who are members of the panel at the

time when the decision is made vote in favour of making that decision.

10Next steps if no veto

5 (1) This paragraph applies if the police and crime panel does not veto the

proposed precept.

(2) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3

15(including any recommendations in the report),

(b) give the panel a response to the report (and any such

recommendations), and

(c) publish the response.

(3) The police and crime commissioner may—

(a) 20issue the proposed precept as the precept for the financial year, or

(b) issue a different precept, but only if it would be in accordance with a

recommendation made in the report to do so.

(4) It is for the police and crime panel to determine the manner in which a

response to a report or recommendations is to be published in accordance

25with sub-paragraph (2)(c).

Next steps if veto

6 (1) This paragraph applies if the police and crime panel vetoes the proposed

precept.

(2) The police and crime commissioner must not issue the proposed precept as

30the precept for the financial year.

(3) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3

(including any recommendations in the report),

(b) give the panel a response to the report (and any such

35recommendations), and

(c) publish the response.

(4) It is for the police and crime panel to determine the manner in which a

response to a report or recommendations is to be published in accordance

with sub-paragraph (3)(c).

(5) 40Sub-paragraph (2) is subject to regulations under paragraph 8.

Regulations

7 (1) The Secretary of State may make regulations about—

(a) the steps that are required to be taken by paragraphs 2 to 6, and

(b) procedures that are to be followed in taking such steps.

(2) The regulations may, in particular, make provision about the time limits

applicable in taking steps or following procedures.

8 (1) 5The Secretary of State may make regulations about the issuing of precepts in

cases where paragraph 6 applies.

(2) The regulations may make provision about—

(a) steps to be taken, and

(b) procedures to be followed.

(3) 10That includes provision about the time limits applicable in taking steps or

following procedures.

(4) The regulations may make provision about limits on the precept that may be

issued.

(5) That includes provision about the calculation of limits by reference to—

(a) 15one or more previous precepts,

(b) the proposed precept, or

(c) any other matters.

(6) The regulations may confer functions on—

(a) police and crime commissioners,

(b) 20police and crime panels,

(c) the Secretary of State, or

(d) any other person.

(7) That includes functions involving the exercise of a discretion.

(8) Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph

25(1).

Section 29

SCHEDULE 6 Police and crime panels

Part 1 Type of panel which police area is to have

30England

1 (1) Each police area in England, other than the metropolitan police district, is to

have a police and crime panel established and maintained in accordance

with Part 2 of this Schedule.

(2) But the Secretary of State may, by order, provide that any such police area is

35to have (for as long as the order has effect) a police and crime panel

established and maintained in accordance with Part 3 of this Schedule

(instead of a panel established and maintained in accordance with Part 2).

(3) The Secretary of State may make an order under sub-paragraph (2) in

relation to a single-authority police area only if the Secretary of State is of the

opinion that the relevant local authority has failed to nominate or appoint

one or more of its councillors as members of the panel in accordance with

5paragraphs 6 and 9.

(4) The Secretary of State may make an order under sub-paragraph (2) in

relation to a multi-authority police area only if the Secretary of State is of the

opinion that all the relevant local authorities have (whether at the same time

or at different times) failed to nominate or appoint one or more of their

10councillors as members of the panel—

(a) in accordance with paragraphs 7 and 9 (in the case of a police area

which covers ten or more local authorities), or

(b) in accordance with paragraphs 8 and 9 (in the case of a police area

which covers nine or fewer local authorities).

15Wales

2 Each police area in Wales is to have a police and crime panel established and

maintained in accordance with Part 3 of this Schedule.

Part 2 Panels established by local authorities

20Establishment and maintenance of panels

3 (1) This Part of this Schedule applies in relation to each police area in England

(other than the metropolitan police district), unless an order under

paragraph 1(2) has effect in relation to the police area.

(2) The local authority or local authorities which such a police area covers

25must—

(a) establish and maintain a police and crime panel for the police area,

and

(b) make the panel arrangements (see paragraph 23) for the police and

crime panel.

(3) 30In the case of a multi-authority police area, all the relevant local authorities

must agree to the making or modification of the panel arrangements.

(4) In the following provisions of this Part of this Schedule, a reference to a

police and crime panel is a reference to a panel established and maintained

in accordance with this paragraph.

35Membership and status

4 (1) A police and crime panel for a police area is to consist of the following

members—

(a) the relevant number of persons properly appointed as members of

the panel; and

(b) 40two members co-opted by the panel.

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

(a) ten (if the police area covers ten or fewer local authorities); or

(b) the number that is equal to the number of local authorities which the

police area covers (if the police area covers eleven or more local

authorities).

(3) A police and crime panel is—

(a) 5a committee of the relevant local authority (if it is the panel for a

single-authority police area), or

(b) a joint committee of the relevant local authorities (if it is the panel for

a multi-authority police area).

(4) A police and crime panel may not exercise any functions other than those

10conferred by this Act.

Persons properly appointed as members of panels

5 (1) In this Part of this Schedule, a reference to a person properly appointed as a

member of a police and crime panel is a reference to—

(a) a person nominated by a relevant local authority to be a member of

15the panel, and appointed by the authority as a member of the panel,

in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or

paragraphs 8 and 9, or

(b) a person nominated by the Secretary of State to be a member of the

panel, and appointed by the Secretary of State as a member of the

20panel, in accordance with paragraph 10.

(2) In the case of the police and crime panel for a multi-authority police area

which covers nine or fewer local authorities, the panel arrangements must

make provision as to the relevant local authority or authorities who are to

have power to appoint the extra members of the panel (see paragraph

258(3)(b)).

(3) For that purpose “extra members” means the number of members of the

panel produced by this calculation—

30Single-authority police area: nomination by local authority

6 (1) This paragraph applies in relation to the police and crime panel for a single-

authority police area.

(2) If the number of appointed members of the police and crime panel is less

than the full complement, the relevant local authority may nominate the

35appropriate number of its councillors to be members of the police and crime

panel.

(3) A relevant local authority may not make a nomination under this paragraph

if, and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4) 40In this paragraph—

• “appropriate number” means the number that is equal to the difference
  
  between—

  (a)

  the full complement; and

  (b)

  the number of appointed members of the panel;

Police Reform and Social Responsibility BillPage 120

• “full complement” means ten members.