Police Reform and Social Responsibility Bill (HL Bill 77)

(b) the notification of nominations (whether to the nominee or any other

person); and

(c) the acceptance and refusal of nominations (including provision

about when nominations are to be treated as having been accepted or

5refused).

(2) In this paragraph “nomination” means a nomination by a relevant local

authority or the Secretary of State of a person to be a member of a police and

crime panel.

Regulations about making appointments

35 (1) 10The Secretary of State may, by regulations, make provision about—

(a) the making of appointments;

(b) the notification of appointments (whether to the appointee or any

other person); and

(c) the termination of appointments (including provision about when

15appointments are to be treated as having been terminated).

(2) In this paragraph “appointment” means—

(a) the appointment by a relevant local authority or the Secretary of

State of a person as a member of a police and crime panel, and

(b) the co-option by a police and crime panel of a person to be a member

20of the panel.

Regulations about modification etc of functions

36 (1) The Secretary of State may, by regulations, make provision for modifying,

suspending, transferring or removing relevant functions insofar as they are

exercisable in relation to police and crime panels in respect of which the

25Secretary of State is, or has been, required to nominate members.

(2) In this paragraph, “relevant functions” means functions conferred on

relevant local authorities or the Secretary of State by this Schedule.

Interpretation

37 (1) A reference in this Schedule to a police area which covers a local authority is

30a reference to a police area whose area is the same as, or includes, all or part

of the local authority’s area.

(2) The circumstances in which a relevant local authority may be taken, for the

purposes of this Schedule, to have failed to nominate or appoint a councillor

as a member of a police and crime panel include circumstances where a

35councillor who is nominated and appointed fails to remain as a member of

the panel for such a period as the Secretary of State considers reasonable.

(3) In this Schedule—

• “appointed member” means a member of a police and crime panel by
  
  virtue of paragraph 4(1)(a) or 13(1)(a);

• 40“co-opted member” means a member of a police and crime panel by
  
  virtue of paragraph 4(1)(b) or 13(1)(b);

• “councillor”, in relation to local authority, means a person who—

  (a)

  is a member of the local authority, or

  Police Reform and Social Responsibility BillPage 131

  (b)

  is the elected mayor of a mayor and cabinet executive (within
  
  the meaning of Part 2 of the Local Government Act 2000) of a
  
  relevant local authority;

• “English police and crime panel” means a police and crime panel for a
  
  5police area in England;

• “local authority” means—

  (a)

  in relation to England, a county council or a district council;

  (b)

  in relation to Wales, a county council or a county borough
  
  council;

• 10“multi-authority police area” means a police area which covers two or
  
  more local authorities;

• “panel arrangements” means the arrangements referred to in
  
  paragraph 23;

• “relevant local authority”, in relation to a police area, means a local
  
  15authority which the police area covers;

• “single-authority police area” means a police area which covers only
  
  one local authority;

• “Welsh police and crime panel” means a police and crime panel for a
  
  police area in Wales.

Section 32

20SCHEDULE 7 Regulations about complaints and conduct matters

Introduction

1 (1) In this Schedule—

• “conduct matter” has the same meaning as in section 32;

• 25“police force” means a police force maintained for a police area in
  
  England or Wales or any other police force which exercises functions
  
  in England or Wales;

• “qualifying complaint” has the same meaning as in section 32;

• “regulations” means regulations under section 32.

(2) 30The provisions of this Schedule that confer power to make particular kinds

of regulations do not affect the generality of the power conferred by section

32.

Investigation of serious complaints and conduct matters

2 (1) This paragraph applies to—

(a) 35serious complaints, and

(b) conduct matters.

(2) Regulations must provide for serious complaints and conduct matters to be

investigated—

(a) by the Independent Police Complaints Commission, or

(b) 40by a police force, in an investigation that is under the management of

the Independent Police Complaints Commission.

(3) This paragraph does not prevent regulations from making provision about

the receipt or initial handling of serious complaints or conduct matters

otherwise than by the Independent Police Complaints Commission or a

police force.

(4) 5This paragraph does not prevent regulations from making provision

about—

(a) circumstances in which serious complaints or conduct matters are

not to be investigated; and

(b) circumstances in which investigations of serious complaints or

10conduct matters are to be discontinued;

including provision about the determination of such matters (whether by

the Independent Police Complaints Commission, a police force or

otherwise).

(5) Regulations may make provision about what is to be taken to be a criminal

15offence, or other corrupt behaviour, for the purposes of sub-paragraph (6).

(6) In this paragraph “serious complaint” means a qualifying complaint made

about conduct which constitutes or involves, or appears to constitute or

involve—

(a) the commission of a criminal offence, or

(b) 20other corrupt behaviour.

Resolution of other complaints

3 (1) This paragraph applies in relation to qualifying complaints which are not, or

cease to be, investigated by the Independent Police Complaints Commission

or a police force.

(2) 25Regulations—

(a) may not provide for the investigation of such complaints; but

(b) must provide for police and crime panels to engage in informal

resolution of such complaints.

(3) This paragraph does not prevent regulations from making provision about

30the receipt or initial handling of qualifying complaints otherwise than by

police and crime panels.

(4) This paragraph does not prevent regulations from making provision

about—

(a) circumstances in which police and crime panels are not required to

35engage in informal resolution of such complaints; and

(b) circumstances in which informal resolution of such complaints is to

be discontinued;

including provision about the determination of such matters (whether by

police and crime panels or otherwise).

(5) 40In this Schedule—

(a) references to engaging in informal resolution of a complaint are

references to encouraging, facilitating, or otherwise assisting in, the

resolution of the complaint otherwise than by legal proceedings; and

(b) references to informal resolution of a complaint are to be construed

45accordingly.

Conferral of functions

4 (1) Regulations may confer functions on—

(a) the Independent Police Complaints Commission,

(b) a police force,

(c) 5police and crime panels,

(d) the Secretary of State, or

(e) any other person.

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

No power to terminate holding of office or employment

5 10Regulations may not provide for a police and crime commissioner—

(a) to cease to hold office, or

(b) to be required to cease to hold office.

Application and amendment of other enactments

6 (1) Regulations may apply (with or without modifications), or amend or

15otherwise modify, Part 2 of the Police Reform Act 2002.

(2) Regulations may apply (with or without modifications) such other

enactments, or make such amendments or other modifications of other

enactments, as appear to the Secretary of State to be necessary or expedient

in connection with, or in consequence of, regulations.

Section 39

20SCHEDULE 8 Appointment, suspension and removal of senior police officers

Part 1 Appointment of chief constables

Introduction

1 25A police and crime commissioner must comply with this Part of this

Schedule in appointing a chief constable under section 39.

No appointment until end of confirmation process

2 (1) A police and crime commissioner must not appoint a constable to be chief

constable until the end of the confirmation process has been reached.

(2) 30The end of the confirmation process is reached—

(a) in a case where paragraph 7 applies, when the first of the events

mentioned in sub-paragraphs (3) and (4) occurs; or

(b) in a case where paragraph 8 applies, when the first of the events

mentioned in sub-paragraphs (3) and (5) occurs.

(3) 35The first event mentioned in sub-paragraphs (2)(a) and (2)(b) is the period of

three weeks mentioned in paragraph 4(6) ending without the relevant police

and crime panel having given the police and crime commissioner any report

on the proposed appointment.

(4) The second event mentioned in sub-paragraph (2)(a) is the police and crime

commissioner notifying the panel under paragraph 7(3) of the decision

5whether or not to accept the panel’s recommendation in relation to the

appointment.

(5) The second event mentioned in sub-paragraph (2)(b) is the end of the

confirmation process being reached in accordance with regulations under

paragraph 10.

10Notification of proposed appointment

3 (1) A police and crime commissioner must notify the relevant police and crime

panel of each proposed appointment of a chief constable by the

commissioner.

(2) In such a case, the police and crime commissioner must also notify the

15relevant police and crime panel of the following information—

(a) the name of the constable whom the commissioner is proposing to

appoint (“the candidate”);

(b) the criteria used to assess the suitability of the candidate for the

appointment;

(c) 20why the candidate satisfies those criteria; and

(d) the terms and conditions on which the candidate is to be appointed.

Panel to review and report on proposed appointment

4 (1) This paragraph applies if a police and crime panel is notified under

paragraph 3 of a proposed appointment of a chief constable.

(2) 25The panel must review the proposed appointment.

(3) The panel must make a report to the commissioner on the proposed

appointment.

(4) The report must include a recommendation to the police and crime

commissioner as to whether or not the candidate should be appointed.

(5) 30Sub-paragraph (4) does not apply if the panel vetoes the proposed

appointment under paragraph 5 (but see paragraph 5(2)).

(6) The panel must comply with sub-paragraphs (2) and (3), and sub-paragraph

(4) (if applicable), within the period of three weeks beginning with the day

on which the panel receives the notification from the commissioner of the

35proposed appointment.

(7) The panel must publish the report to the commissioner made under this

paragraph.

(8) It is for the panel to determine the manner in which the recommendation is

to be published in accordance with sub-paragraph (7).

(9) 40In calculating the period of three weeks for the purpose of sub-paragraph

(6), any relevant post-election period is to be ignored.

(10) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an ordinary election of a police and

crime commissioner under section 51, and

(b) ends with the day on which the person elected as police and crime

commissioner delivers a declaration of acceptance of office under

5section 72.

Power to veto proposed appointment

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

appointment, veto the appointment of the candidate.

(2) If the panel vetoes the appointment of the candidate, the report made under

10paragraph 4 must include a statement that the panel has vetoed it.

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

appointment of a candidate are references to the panel making a decision, by

the required majority, that the candidate should not be appointed as chief

constable.

(4) 15For 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.

(5) The power conferred by this paragraph is exercisable in relation to a

proposed appointment only during the period of three weeks mentioned in

20paragraph 4(6).

Confirmation hearings

6 (1) A police and crime panel must hold a confirmation hearing—

(a) before making a report under paragraph 4 to the police and crime

commissioner in relation to a proposed appointment of a chief

25constable, and

(b) before making a recommendation under paragraph 4 (where

applicable) or vetoing an appointment under paragraph 5 (where

applicable).

(2) For the purposes of this Part a “confirmation hearing” is a meeting of the

30panel, held in public, at which the candidate is requested to appear for the

purpose of answering questions relating to the appointment.

(3) References in this Part to a person appearing at a meeting of the panel are

references to the person—

(a) attending the meeting in person, or

(b) 35not attending the meeting in person, but participating in the

proceedings at the meeting by any means that enable the person to

hear, and be heard in, those proceedings as they happen.

Next steps if no veto

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

40appointment of a candidate.

(2) The police and crime commissioner may accept or reject the panel’s

recommendation as to whether or not the candidate should be appointed.

(3) The police and crime commissioner must notify the panel of the decision

whether to accept or reject the recommendation.

Next steps if veto

8 (1) This paragraph applies if the police and crime panel vetoes the appointment

5of a candidate.

(2) The police and crime commissioner must not appoint that candidate as chief

constable.

(3) Sub-paragraph (2) is subject to regulations under paragraph 10.

Regulations

9 (1) 10The Secretary of State may make regulations about—

(a) the steps that are required to be taken by paragraphs 3 to 8, 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 (if, or to the extent that,

15this Part of this Schedule does not make such provision).

10 (1) The Secretary of State may make regulations about the appointment of chief

constables in cases where paragraph 8 applies in relation to the appointment

of a candidate (the “rejected candidate”).

(2) The regulations may make provision about—

(a) 20steps to be taken, and

(b) procedures to be followed.

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

following procedures.

(4) The regulations may make provision about limits on who may be considered

25for appointment.

(5) That includes provision about limiting consideration for appointment to

some or all of the persons already considered as part of the process by which

the rejected candidate was selected for appointment.

(6) The regulations may confer functions on—

(a) 30police and crime commissioners,

(b) police and crime panels,

(c) the Secretary of State, or

(d) any other person.

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

(8) 35Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph

(1).

Part 2 Suspension and removal of chief constables

Suspension

11 If a police and crime commissioner suspends a chief constable from duty

5under section 39, the commissioner must notify the relevant police and

crime panel of the suspension.

Removal: general

12 (1) A police and crime commissioner must not call upon a chief constable to

retire or resign until the end of the scrutiny process has been reached.

(2) 10The end of the scrutiny process is reached when the first of the following

events occurs—

(a) the period of six weeks mentioned in paragraph 15(3) has ended

without the panel having given the police and crime commissioner

any recommendation as to whether or not the commissioner should

15call for the retirement or resignation;

(b) the police and crime commissioner notifies the panel under

paragraph 16(2) of the decision whether or not to accept the panel’s

recommendation in relation to the resignation or retirement.

Removal: notification and representations

13 (1) 20A police and crime commissioner must comply with this paragraph before

calling upon a chief constable to retire or resign under section 39.

(2) The police and crime commissioner must give the chief constable a written

explanation of the reasons why the commissioner is proposing to call for the

retirement or resignation.

(3) 25The police and crime commissioner must give the relevant police and crime

panel—

(a) written notification that the commissioner is proposing to call upon

the chief constable to retire or resign; and

(b) a copy of the reasons given to the chief constable in accordance with

30sub-paragraph (1).

(4) The police and crime commissioner must give the chief constable the

opportunity to make written representations about the proposal to call for

the chief constable’s resignation or retirement.

(5) The police and crime commissioner must—

(a) 35consider any written representations made by the chief constable;

and

(b) give the relevant police and crime panel a copy of any such

representations made by the chief constable, as soon as practicable

after the commissioner is given them.

Removal: further notification

14 (1) A police and crime commissioner must comply with this paragraph if, after

complying with paragraph 13, the police and crime commissioner is still

proposing to call upon the chief constable to retire or resign under section 39.

(2) 5The police and crime commissioner must notify—

(a) the chief constable, and

(b) the relevant police and crime panel,

that the commissioner is still proposing to call upon the chief constable to

retire or resign.

10Removal: role of panel

15 (1) This paragraph applies if a police and crime panel is given a notification

under paragraph 14.

(2) The panel must make a recommendation to the police and crime

commissioner as to whether or not the commissioner should call for the

15retirement or resignation.

(3) The recommendation must be given to the police and crime commissioner in

writing before the end of the period of six weeks beginning with the day on

which the panel receives the notification under paragraph 14.

(4) Before making the recommendation, the panel—

(a) 20may consult the chief inspector of constabulary, and

(b) must hold a scrutiny hearing.

(5) The panel must publish the recommendation made under this paragraph.

(6) It is for the panel to determine the manner in which the recommendation is

to be published in accordance with sub-paragraph (5).

(7) 25In calculating the period of six weeks mentioned in sub-paragraph (3), any

relevant post-election period is to be ignored.

(8) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an ordinary election of a police and

crime commissioner under section 51, and

(b) 30ends with the day on which the person elected as police and crime

commissioner delivers a declaration of acceptance of office under

section 72.

(9) For the purposes of this Part a “scrutiny hearing” is a meeting of the panel,

held in private, at which the police and crime commissioner or chief

35constable is, or both of them are, requested to appear for the purpose of

answering questions relating to the proposal to call upon the chief constable

to retire or resign.

(10) References in this Part to a person appearing at a meeting of the panel are

references to the person—

(a) 40attending the meeting in person, or

(b) not attending the meeting in person, but participating in the

proceedings at the meeting by any means that enable the person to

hear, and be heard in, those proceedings as they happen.

Removal: consideration of panel’s recommendation

16 (1) The police and crime commissioner—

(a) must consider the panel’s recommendation given under paragraph

15, and

(b) 5having considered the recommendation, may accept or reject it.

(2) The police and crime commissioner must notify the panel of the decision

whether or not to accept the recommendation.

Part 3 Suspension and removal of other senior police officers

10Senior police officers

17 In this Part of this Schedule “senior police officer” means—

(a) a deputy chief constable, or

(b) an assistant chief constable.

Suspension

18 15If a chief constable suspends a senior police from duty under section 40 or

41, the chief constable must notify the relevant police and crime

commissioner of the suspension.

Removal

19 (1) A chief constable must comply with this paragraph before calling upon a

20senior police officer to retire or resign under section 40 or 41.

(2) The chief constable must give the senior police officer a written explanation

of the reasons why the chief constable is proposing to call for the retirement

or resignation.

(3) The chief constable must give the senior police officer the opportunity to

25make written representations about the proposal to call for the senior police

officer’s retirement or resignation.

(4) The chief constable must consider any written representations made by the

senior police officer.

20 (1) This paragraph applies if, after complying with paragraph 19, the chief

30constable is still proposing to call upon the senior police officer to retire or

resign under section 40 or 41.

(2) Before calling for the retirement or resignation, the chief constable must

consult the relevant police and crime commissioner.