Police Reform and Social Responsibility Bill (HL Bill 77)

(b) for “it” (in both places) substitute “the commissioner”.

27 Precepts

(1) The Local Government Finance Act 1992 is amended in accordance with

subsections (2) and (3).

(2) 5In section 39 (precepting and precepted authorities), in subsection (1) (major

precepting authorities), for paragraph (b) substitute—

“(b) a police and crime commissioner;”.

(3) In section 65 (duty to consult ratepayers), in subsection (3) (definition of

relevant authority), after “major precepting authority” insert “, apart from a

10police and crime commissioner”.

(4) Schedule 5 (issuing precepts) has effect.

28 Other grants etc

(1) Section 155 of the Local Government and Housing Act 1989 (emergency

financial assistance to local authorities) is amended in accordance with

15subsections (2) and (3).

(2) In subsection (1A) (grants to GLA functional bodies), for paragraph (b)

substitute—

“(b) the Mayor’s Office for Policing and Crime, or”.

(3) In subsection (4) (meaning of local authority), for paragraph (ea) substitute—

“(ea) 20a police and crime commissioner;”.

(4) In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of

Part 3: expenditure grant), in subsection (1) (meaning of local authority), for

paragraph (m) substitute—

“(m) a police and crime commissioner.”.

CHAPTER 4 25Accountability of elected local policing bodies

Scrutiny of police and crime commissioners

29 Police and crime panels outside London

(1) Each police area, other than the metropolitan police district, is to have a police

and crime panel established and maintained in accordance with Schedule 6

30(police and crime panels).

(2) A police and crime panel must—

(a) review the draft police and crime plan, or draft variation, given to the

panel by the relevant police and crime commissioner in accordance

with section 6(6)(c), and

(b) 35make a report or recommendations on the draft plan or variation to the

commissioner.

(3) A police and crime panel must—

(a) arrange for a public meeting of the panel to be held as soon as

practicable after the panel is sent an annual report under section 13,

(b) ask the police and crime commissioner, at that meeting, such questions

about the annual report as the members of the panel think appropriate,

(c) 5review the annual report, and

(d) make a report or recommendations on the annual report to the

commissioner.

(4) A police and crime panel has the functions conferred by Schedules 5 (issuing

precepts) and 8 (procedure for appointments by police and crime

10commissioners).

(5) A police and crime panel must—

(a) review or scrutinise decisions made, or other action taken, by the

relevant police and crime commissioner in connection with the

discharge of the commissioner’s functions; and

(b) 15make reports or recommendations to the relevant police and crime

commissioner with respect to the discharge of the commissioner’s

functions,

insofar as the panel is not otherwise required to do so by subsection (2) or (3)

or by Schedule 5 or 8.

(6) 20A police and crime panel must publish any reports or recommendations made

to the relevant police and crime commissioner.

(7) The police and crime panel for a police area in England must send copies of any

such reports or recommendations to each local authority whose area falls

wholly or partly within the police area.

(8) 25It is for the police and crime panel to determine the manner in which reports or

recommendations are to be published in accordance with subsection (6).

(8) Schedule 6 (police and crime panels) has effect.

(9) In this section “local authority” means a county council or a district council.

30 Power to require attendance and information

(1) 30A police and crime panel may require the relevant police and crime

commissioner, and members of that commissioner’s staff, to attend before the

panel (at reasonable notice) to answer any question which appears to the panel

to be necessary in order for it to carry out its functions.

(2) Nothing in subsection (1) requires a member of the police and crime

35commissioner’s staff to give any evidence, or produce any document, which

discloses advice given to the commissioner by that person.

(3) A police and crime panel may require the relevant police and crime

commissioner to respond in writing (within a reasonable period determined by

the panel) to any report or recommendation made by the panel to the

40commissioner.

(4) The police and crime commissioner must comply with any requirement

imposed by the panel under subsection (1) or (3).

(5) Members of the staff of the police and crime commissioner must comply with

any requirement imposed on them under subsection (1).

31 Suspension of police and crime commissioner

(1) A police and crime panel may suspend the relevant police and crime

commissioner if it appears to the panel that—

(a) the commissioner has been charged in the United Kingdom, the

5Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment

exceeding two years.

(2) The suspension of the police and crime commissioner ceases to have effect

upon the occurrence of the earliest of these events—

(a) 10the charge being dropped;

(b) the police and crime commissioner being acquitted of the offence;

(c) the police and crime commissioner being convicted of the offence but

not being disqualified under section 68 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) 15For the purposes of salary, pensions and allowances in respect of times during

a period of suspension, the police and crime commissioner is to be treated as

not holding that office during that suspension.

(4) In this section references to an offence which carries a maximum term of

imprisonment exceeding two years are references—

(a) 20to an offence which carries such a maximum term in the case of a

person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is

fixed by law as life imprisonment.

Conduct of police and crime commissioners

32 25Conduct of commissioners

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

(a) the making and handling of complaints about the conduct of police and

crime commissioners (“qualifying complaints”);

(b) the recording of matters in the case of which there is an indication

30(whether from the circumstances or otherwise) that a police and crime

commissioner may have committed a criminal offence or engaged in

other corrupt behaviour (“conduct matters”);

(c) the manner in which qualifying complaints and conduct matters are

investigated or otherwise dealt with.

(2) 35Schedule 7 (regulations about complaints and conduct matters) has effect.

Scrutiny of Mayor’s Office for Policing and Crime

33 London Assembly police and crime panel

(1) The London Assembly must arrange for the functions referred to in subsection

(2) to be discharged on its behalf by a particular committee of the Assembly

40(the “police and crime panel”).

(2) Those functions (“the police and crime panel functions”) are—

(a) the functions conferred on the Assembly by section 34;

(b) the functions conferred on the Assembly by section 60A of, and

Schedule 4A to, the 1999 Act in relation to the appointment of the

Deputy Mayor for Policing and Crime by the Mayor’s Office for

Policing and Crime.

(3) 5The London Assembly may not arrange for the police and crime panel

functions to be discharged on its behalf otherwise than in accordance with

subsection (1).

(4) The London Assembly may not arrange for any of its other functions to be

discharged by the police and crime panel.

(5) 10The special scrutiny functions may only be exercised at a meeting of the whole

panel; but that is without prejudice to rules of procedure about the quorum of

a meeting of the whole panel.

(6) The enactments applying to committees of the Greater London Authority,

apart from the excluded provisions, apply to the police and crime panel as if

15the police and crime panel functions were to be discharged by the panel by

virtue of arrangements under section 54(1)(a) of the 1999 Act.

(7) In subsection (6), “excluded provisions” means the following provisions of the

1999 Act—

(a) section 54(5), so far as it provides for the London Assembly to retain

20power to exercise functions delegated to a committee;

(b) section 55 (Assembly committees and sub-committees).

(8) The enactments conferring, or relating to, the police and crime panel functions

are to be read with the appropriate modifications; in particular—

(a) references to the London Assembly are to be read as references to the

25police and crime panel; and

(b) references to proceedings of the London Assembly are to be read as

references to proceedings of the police and crime panel.

(9) For the purposes of subsection (8), references to the police and crime panel

include references to a sub-committee or member (if any) by whom functions

30are to be discharged in accordance with section 54(3) of the 1999 Act.

(10) In this section—

• “1999 Act” means the Greater London Authority Act 1999;

• “special scrutiny functions” means the functions conferred—

  (a)

  by section 34(1), or

  (b)

  35by section 60A of, and Schedule 4A to, the 1999 Act in relation
  
  to the appointment of the Deputy Mayor for Policing and Crime
  
  by the Mayor’s Office for Policing and Crime.

34 Functions to be discharged by police and crime panel

(1) The London Assembly must—

(a) 40review the draft police and crime plan, or draft variation, given to the

Assembly by the Mayor’s Office for Policing and Crime in accordance

with section 7(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the

Mayor’s Office for Policing and Crime.

(2) The London Assembly must keep under review the exercise of the functions of

the Mayor’s Office for Policing and Crime, insofar as the Assembly is not

otherwise required to do so by the other provisions of this section or by

Schedule 4A to the 1999 Act.

(3) 5For the purposes of subsection (2), the powers of the London Assembly

include, in particular, power to investigate, and prepare reports about—

(a) any actions and decisions of the Mayor’s Office for Policing and Crime;

(b) any actions and decisions of the Deputy Mayor for Policing and Crime;

(c) any actions and decisions of a member of staff of the Mayor’s Office for

10Policing and Crime;

(d) matters relating to the functions of the Mayor’s Office for Policing and

Crime;

(e) matters in relation to which the functions of the Mayor’s Office for

Policing and Crime are exercisable; or

(f) 15any other matters which the Assembly considers to be of importance to

policing and crime reduction in the metropolitan police district.

(4) The London Assembly may submit proposals to the Mayor’s Office for

Policing and Crime.

(5) The London Assembly may require a person referred to in subsection (6)—

(a) 20to attend proceedings of the Assembly for the purpose of giving

evidence, or

(b) to produce to the Assembly documents in the person’s possession or

under the person’s control.

(6) Those persons are—

(a) 25the Deputy Mayor for Policing and Crime;

(b) any member of the staff of the Mayor’s Office for Policing and Crime;

(c) the person who is the occupant of the Mayor’s Office for Policing and

Crime;

(d) any person who has within the 8 years prior to the date of the

30requirement to be imposed under subsection (5) been the Deputy

Mayor for Policing and Crime or the occupant of the Mayor’s Office for

Policing and Crime.

(7) Nothing in subsection (5) requires a member of the staff of the Mayor’s Office

for Policing and Crime to give any evidence, or produce any document, which

35discloses advice given to the Mayor’s Office for Policing and Crime by that

person.

(8) The following provisions of the 1999 Act apply (with appropriate

modifications) to a requirement under subsection (5) as they apply to a

requirement under section 61(1) of the 1999 Act—

(a) 40section 61(14) (meaning of document etc);

(b) section 62(3) to (6) (procedure for requiring attendance);

(c) section 63 (restriction of information);

(d) section 64 (failure to attend proceedings);

(e) section 65 (openness).

(9) 45In this section “1999 Act” means the Greater London Authority Act 1999.

CHAPTER 5 Police forces in areas with elected local policing bodies

Chief officers of police

35 Engagement with local people

(1) A chief officer of police must make arrangements for obtaining the views of

5persons within each neighbourhood in the relevant police area about crime

and disorder in that neighbourhood.

(2) A chief officer of police must make arrangements for providing persons within

each neighbourhood in the relevant police area with information about

policing in that neighbourhood (including information about how policing in

10that neighbourhood is aimed at dealing with crime and disorder there).

(3) Arrangements under this section must provide for, or include arrangements

for, the holding in each neighbourhood of regular meetings between—

(a) persons within that neighbourhood, and

(b) police officers with responsibility for supervising or carrying out

15policing in that neighbourhood.

(4) It is for a chief officer of police to determine what the neighbourhoods are in

the relevant police area.

36 Value for money

(1) In exercising functions, a chief officer of police must secure that good value for

20money is obtained.

(2) That includes securing that the persons under the direction and control of the

chief officer of police obtain good value for money in exercising their functions.

37 Reports for elected local policing bodies

(1) A chief officer of police must give the relevant elected local policing body such

25reports on policing matters that the body may require the chief officer to give.

(2) A report must be in the form (if any) specified by the elected local policing

body.

(3) The elected local policing body may—

(a) arrange for a report to be published, or

(b) 30require the chief officer of police to arrange for a report to be published.

(4) It is for the elected local policing body to determine the manner in which a

report is to be published in accordance with subsection (3)(a) or (b).

(5) In this section “policing matters” means matters connected with the policing of

the relevant police area.

38 35Appointment of persons not employed by chief officers of police

(1) This section applies where a chief officer of police is required or authorised by

any Act—

(a) to appoint a person to a specified post in the relevant police force, or a

specified post in the civilian staff of the relevant police force, or

(b) to designate a person as having specified duties or responsibilities.

(2) The chief officer of police may appoint or designate a person whether or not the

5person is already a member of staff of the police force.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that

is mentioned in subsection (1).

Police forces outside London

39 Appointment, suspension and removal of chief constables

(1) 10The police and crime commissioner for a police area is to appoint the chief

constable of the police force for that area.

(2) The police and crime commissioner for a police area may suspend from duty

the chief constable of the police force for that area.

(3) The police and crime commissioner for a police area may call upon the chief

15constable of the police force for that area to resign or retire.

(4) The chief constable must retire or resign if called upon to do so by the relevant

police and crime commissioner in accordance with subsection (3).

(5) Schedule 8 (appointment, suspension and removal of senior police officers) has

effect.

(6) 20This section is subject to Parts 1 and 2 of Schedule 8.

(7) This section and Schedule 8 are subject to regulations under section 50 of the

Police Act 1996.

40 Deputy chief constables

(1) Each police force must have one or more deputy chief constables.

(2) 25The chief constable of a police force must consult the relevant police and crime

commissioner before increasing the number of deputy chief constables which

the force has.

(3) The chief constable of a police force must consult the relevant police and crime

commissioner before appointing a person to be a deputy chief constable of the

30force.

(4) The chief constable of a police force may suspend from duty a deputy chief

constable of that police force.

(5) The chief constable of a police force may call upon a deputy chief constable of

that police force to resign or retire.

(6) 35A deputy chief constable must resign or retire if called upon to do so by the

chief constable in accordance with subsection (5).

(7) Subsections (3) to (6) are subject to regulations under section 50 of the Police

Act 1996.

(8) Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and

removal of other senior police officers).

(9) In this section “police force” means the police force for a police area listed in

Schedule 1 to the Police Act 1996 (police areas outside London).

41 5Assistant chief constables

(1) Each police force must have one or more assistant chief constables.

(2) The chief constable of a police force must consult the relevant police and crime

commissioner before appointing a person as an assistant chief constable of the

force.

(3) 10The chief constable of a police force may suspend from duty an assistant chief

constable of that police force.

(4) The chief constable of a police force may call upon an assistant chief constable

of that police force to resign or retire.

(5) An assistant chief constable must resign or retire if called upon to do so by the

15chief constable in accordance with subsection (4).

(6) Subsections (2) to (5) are subject to regulations under section 50 of the Police

Act 1996.

(7) Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and

removal of other senior police officers).

(8) 20In this section “police force” means the police force for a police area listed in

Schedule 1 to the Police Act 1996 (police areas outside London).

42 Power of deputy to exercise functions of chief constable

(1) The appropriate deputy chief constable of a police force may exercise or

perform any or all of the functions of the chief constable of the force—

(a) 25during any period when the chief constable is unable to exercise

functions, or

(b) at any other time, with the consent of the chief constable.

(2) For the purposes of subsection (1), the appropriate deputy chief constable is—

(a) if the police force has only one deputy chief constable, the deputy chief

30constable;

(b) if the police force has more than one deputy chief constable, the most

senior deputy chief constable.

(3) If the police force has more than one deputy chief constable, the chief constable

must designate the deputy chief constables in order of seniority for the

35purposes of subsection (2)(b).

(4) During any absence, incapacity or suspension from duty of the person who—

(a) is designated as the most senior deputy chief constable for the purposes

of subsection (2)(b), or

(b) is treated under this section as the most senior deputy chief constable,

40the person designated as the next most senior deputy chief constable is to be

treated as the most senior one for the purposes of subsection (2)(b).

(5) The assistant chief constable designated for this purpose by the chief constable

of the force may exercise any or all of the chief constable’s functions during any

period when—

(a) the chief constable is unable to exercise functions, and

(b) 5a deputy chief constable is unable to exercise functions.

(6) The chief constable of the force must designate an assistant chief constable of

the force for the purposes of subsection (5).

(7) Only one person is authorised to act at any one time by virtue of a designation

by the chief constable.

(8) 10The chief constable must consult the relevant police and crime commissioner

before making a designation for the purposes of subsection (2)(b) or (5).

(9) This section is without prejudice to any other enactment that makes provision

for a person other than the chief constable to exercise the chief constable’s

functions.

(10) 15In this section—

(a) “police force” means the police force for a police area listed in Schedule

1 to the Police Act 1996 (police areas outside London);

(b) a reference to a period when the chief constable is unable to exercise

functions is a reference to a period when—

(i) 20the chief constable is absent, incapacitated or suspended from

duty, or

(ii) the office of chief constable is vacant;

(c) a reference to a period when a deputy chief constable is unable to

exercise functions is a reference to a period when—

(i) 25the deputy chief constable, or each of the deputy chief

constables, is absent, incapacitated or suspended from duty, or

(ii) the office of deputy chief constable, or of each deputy chief

constable, is vacant.

The metropolitan police force

43 30Appointment of Commissioner of Police of the Metropolis

(1) The Commissioner of Police of the Metropolis is to be appointed by Her

Majesty by warrant under Her sign manual.

(2) A constable holds office as the Commissioner of Police of the Metropolis at Her

Majesty’s pleasure.

(3) 35Before recommending to Her Majesty that She appoint a constable as the

Commissioner of Police of the Metropolis, the Secretary of State must have

regard to any recommendations made by the Mayor’s Office for Policing and

Crime.