Police Reform and Social Responsibility Bill (HL Bill 77)

47 Deputy Assistant Commissioners of Police of the Metropolis

(1) The metropolitan police force must have one or more Deputy Assistant
Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor’s Office
5for Policing and Crime before appointing a person as a Deputy Assistant
Commissioner of Police of the Metropolis.

(3) The appointment of a person as a Deputy Assistant Commissioner of Police of
the Metropolis is subject to regulations under section 50 of the Police Act 1996.

48 Commanders

(1) 10The metropolitan police force must have one or more Commanders.

(2) The Commissioner of Police of the Metropolis must consult the Mayor’s Office
for Policing and Crime before appointing a person as a Commander.

(3) The appointment of a person as a Commander is subject to regulations under
section 50 of the Police Act 1996.

49 15Suspension and removal of Commissioner and Deputy Commissioner

(1) The Mayor’s Office for Policing and Crime may, with the approval of the
Secretary of State—

(a) suspend the Commissioner of Police of the Metropolis from duty, or

(b) suspend the Deputy Commissioner of Police of the Metropolis from
20duty.

(2) If the Mayor’s Office for Policing and Crime suspends the Commissioner, or
Deputy Commissioner, from duty, that Office must notify the Secretary of State
of the suspension.

(3) The Mayor’s Office for Policing and Crime may, subject to subsections (5) and
25(6), and with the approval of the Secretary of State—

(a) call upon the Commissioner of Police of the Metropolis to resign or
retire, or

(b) call upon the Deputy Commissioner of Police of the Metropolis to
resign or retire.

(4) 30The Commissioner, or Deputy Commissioner, must resign or retire if called
upon to do so in accordance with subsection (3).

(5) Before calling upon the Commissioner, or Deputy Commissioner, to retire or
resign, the Mayor’s Office for Policing and Crime must—

(a) give the police officer a written explanation of the reasons why the
35Office is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations
about the proposal to call for the police officer’s resignation or
retirement; and

(c) consider any written representations made by the police officer.

(6) 40The Mayor’s Office for Policing and Crime must comply with subsection (5)
before seeking the approval of the Secretary of State to call upon the
Commissioner, or Deputy Commissioner, to retire or resign.

(7) This section is subject to regulations under section 50 of the Police Act 1996.

(8) This section is without prejudice to—

(a) section 43(2);

(b) section 44(3); or

(c) 5regulations under the Police Pensions Act 1976.

50 Suspension and removal of other senior metropolitan police officers

(1) The Commissioner of Police of the Metropolis may suspend a senior
metropolitan police officer from duty.

(2) If the Commissioner suspends a senior metropolitan police officer from duty,
10the Commissioner must notify the Mayor’s Office for Policing and Crime of the
suspension.

(3) The Commissioner of Police of the Metropolis may, subject to subsection (5),
and after consulting the Mayor’s Office for Policing and Crime, call upon a
senior metropolitan police officer to resign or retire.

(4) 15A senior metropolitan police officer must resign or retire if called upon to do
so in accordance with subsection (3).

(5) Before calling upon a senior metropolitan police officer to retire or resign, the
Commissioner of Police of the Metropolis must—

(a) give the police officer a written explanation of the reasons why the
20Commissioner is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations
about the proposal to call for the police officer’s resignation or
retirement; and

(c) consider any written representations made by the police officer.

(6) 25This section is subject to regulations under section 50 of the Police Act 1996.

(7) This section is without prejudice to regulations under the Police Pensions Act
1976.

(8) In this section “senior metropolitan police officer” means any of the
following—

(a) 30an Assistant Commissioner of Police of the Metropolis;

(b) a Deputy Assistant Commissioner of Police of the Metropolis;

(c) a Commander.

CHAPTER 6 Police and crime commissioners: elections and vacancies

Holding of elections

51 35Ordinary elections

(1) An election of police and crime commissioners for all police areas (an
“ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of police and crime commissioners in any year
is to be held—

(a) in England, on the day which is the ordinary day of election in that year
of councillors for counties in England and districts (see sections 37 and
537A of the Representation of the People Act 1983), and

(b) in Wales, on the day which is the ordinary day of election in that year
of councillors for counties in Wales and county boroughs (see sections
37 and 37B of that Act).

(3) The term of office of a person elected as a police and crime commissioner at an
10ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary
election of police and crime commissioners.

(4) Subsection (3) is subject to any provision of or made under this or any other Act
15relating to the appointment or election of police and crime commissioners or
their ceasing to hold office.

52 Election to fill vacancy in office of commissioner

(1) This section applies where a vacancy occurs in the office of police and crime
commissioner for a police area.

(2) 20An election must be held to fill the vacancy.

(3) The police area returning officer must fix the date of the poll at the election.

(4) The date fixed must be not more than 35 days after the relevant event
(computed in accordance with section 76).

(5) For the purposes of subsection (4), “the relevant event” means—

(a) 25in a case where the High Court or the appropriate officer has declared
the office to be vacant, the making of that declaration;

(b) in any other case, the giving of notice of the vacancy to the appropriate
officer by two or more relevant electors.

(6) For this purpose “relevant elector” means a person who is registered in a
30register of local government electors in respect of an address within the police
area.

(7) If the vacancy occurs within the period of six months ending with the day of
the poll at the next ordinary election of police and crime commissioners—

(a) no election is to be held under subsection (2) in respect of the vacancy,
35and

(b) accordingly, the office is to be left unfilled until that ordinary election.

(8) The term of office of a person elected as a police and crime commissioner for a
police area at an election to fill a vacancy in the office—

(a) begins immediately the person is declared to be elected as police and
40crime commissioner for the area;

(b) ends at the time when it would have ended had the person been elected
at the most recent ordinary election of police and crime commissioners.

(9) In the case of a vacancy occurring in consequence of the failure of, or other
irregularity in relation to, an election, subsections (3) and (4) have effect subject
45to any provision made by an order under section 59.

53 Persons entitled to vote

(1) A person is entitled to vote as an elector at an election of a police and crime
commissioner for a police area if on the date of the poll—

(a) the person would be entitled to vote as an elector at a local government
5election in an electoral area wholly or partly comprised in the police
area, and

(b) the address in respect of which the person is registered in the register
of local government electors for that electoral area is within the police
area.

(2) 10A person is not entitled to vote as an elector more than once in the same police
area at any election of a police and crime commissioner.

54 Public awareness about elections: role of Electoral Commission

The Electoral Commission must, in relation to—

(a) each ordinary election of police and crime commissioners under section
1551,

(b) each election to fill a vacancy in the office of police and crime
commissioner for a police area under section 52,

take such steps as it considers appropriate to raise public awareness about the
election and how to vote in it.

20Conduct of elections

55 Returning officers etc

(1) The returning officer for an election of a police and crime commissioner for a
police area (“the police area returning officer”) is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the
25Representation of the People Act 1983 (acting returning officer for
parliamentary election) for a constituency falling wholly or partly
within the police area, and

(b) is designated for the purposes of this subsection by order of the
Secretary of State.

(2) 30The Secretary of State may by regulations confer functions—

(a) on police area returning officers, and

(b) on local returning officers.

(3) Regulations under subsection (2) may apply or incorporate, with or without
modifications or exceptions, any relevant provision.

(4) 35Each relevant local authority must place the services of its officers at the
disposal of any person on whom functions are conferred under subsection (2)
in relation to the police area for the purpose of assisting that person in the
discharge of those functions.

(5) In this section—

• 40“local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for a county in which there are no
  district councils,

  Police Reform and Social Responsibility BillPage 34

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “local election” means an election of members of a local authority;

• “local returning officer” means a person who, by virtue of section 35 of the
  5Representation of the People Act 1983, is a returning officer for any
  local elections;

• “relevant local authority”, in relation to a police area, means a local
  authority whose area falls wholly or partly within the police area;

• “relevant provision” means any provision (whenever passed or made) of,
  10or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  15the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections,
  European Parliamentary elections or local government
  elections.

56 20Returning officers: expenditure

(1) A returning officer may recover charges in respect of services rendered, or
expenses incurred, by the officer for or in connection with an election of a
police and crime commissioner if—

(a) the services were necessarily rendered, or the expenses were
25necessarily incurred, for the efficient and effective conduct of the
election, and

(b) the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined in
accordance with, an order made by the Secretary of State, with the
30consent of the Treasury, for the purposes of this subsection.

(2) An order under subsection (1) may specify, or make provision for determining
in accordance with the order, a maximum recoverable amount for services or
expenses of any specified description.

(3) Subject to subsection (4), the returning officer may not recover more than the
35specified maximum recoverable amount in respect of any specified services or
expenses.

(4) In a particular case the Secretary of State may authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any
40specified services or expenses,

if the Secretary of State is satisfied that the conditions in subsection (5) are met.

(5) Those conditions are—

(a) that it was reasonable for the returning officer concerned to render the
services or incur the expenses, and

(b) 45that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this section is to be
paid by the Secretary of State on an account being submitted to the Secretary
of State.

(7) But the Secretary of State may, before payment, apply for the account to be
5taxed under section 57.

(8) Where the superannuation contributions required to be paid by a local
authority in respect of any person are increased by any fee paid under this
section as part of a returning officer’s charges at an election of a police and
crime commissioner, then on an account being submitted to the Secretary of
10State a sum equal to the increase must be paid to the authority by the Secretary
of State.

(9) On the request of a returning officer for an advance on account of the officer’s
charges, the Secretary of State may make such an advance on such terms as the
Secretary of State thinks fit.

(10) 15The Secretary of State may by regulations make provision as to—

(a) the time when, and

(b) the manner and form in which,

accounts are to be rendered to the Secretary of State for the purposes of the
payment of a returning officer’s charges.

(11) 20Any sums required by the Secretary of State for making payments under this
section are to be charged on, and paid out of, the Consolidated Fund.

(12) In this section—

• “local authority” has the same meaning as in section 55;

• “local returning officer” has the same meaning as in that section;

• 25“returning officer” means—

  (a)

  a police area returning officer, or

  (b)

  a local returning officer on whom functions are conferred under
  subsection (2) of that section;

• “specified” means specified in, or determined in accordance with, an
  30order under subsection (1).

57 Taxation of returning officer’s account

(1) Any application under section 56(7) for a returning officer’s account to be
taxed is to be made to the county court.

(2) On any such application the court has jurisdiction—

(a) 35to tax the account—

(i) in such manner, and

(ii) at such time and place,

as the court thinks fit, and

(b) finally to determine the amount payable to the returning officer.

(3) 40On any such application the returning officer may apply to the court to
examine any claim made by any person against the officer in respect of matters
charged in the account.

(4) Where an application is made in respect of a claim under subsection (3)—

(a) notice of the application must be given to the claimant;

(b) the court must give the claimant an opportunity to be heard and to
tender any evidence;

(c) the court may allow or disallow the claim, with or without costs;

(d) the determination of the court is final for all purposes and as against all
5persons.

(5) In this section “returning officer” has the same meaning as in section 56.

58 Voting at elections of police and crime commissioners

(1) This section applies to any election under this Chapter of a police and crime
commissioner for a police area.

(2) 10The commissioner is to be returned under the simple majority system, unless
there are three or more candidates.

(3) If there are three or more candidates—

(a) the commissioner is to be returned under the supplementary vote
system, and

(b) 15any vote in the election is a supplementary vote.

(4) Schedule 9 (the supplementary vote system) has effect.

(5) In subsection (3), “supplementary vote” means a vote capable of being given to
indicate first and second preferences from among the candidates.

59 Power to make provision about elections etc

(1) 20The Secretary of State may by order make provision as to—

(a) the conduct of elections of persons to be police and crime
commissioners;

(b) the questioning of such an election and the consequences of
irregularities.

(2) 25The provision which may be made under subsection (1)(a) includes, in
particular, provision—

(a) about registration of electors;

(b) for disregarding alterations in a register of electors;

(c) about the registration of political parties in connection with elections of
30police and crime commissioners;

(d) about the limitation of the election expenses of candidates;

(e) about funding and expenditure of candidates and political parties in
relation to elections of police and crime commissioners;

(f) for the combination of polls at elections of police and crime
35commissioners and other polls;

(g) for any election held in consequence of any irregularity at an ordinary
election to be treated as held at an ordinary election for any of the
purposes of this Act.

(3) An order under subsection (1) may—

(a) 40apply or incorporate, with or without modifications or exceptions, any
relevant provision;

(b) modify any form contained in any relevant provision so far as may be
necessary to enable it to be used both for the original purpose and in
relation to elections for police and crime commissioners;

(c) include provision creating criminal offences.

(4) The Secretary of State may by order make modifications of any relevant
provision that are consequential on any provision of—

(a) section 1(4),

(b) 5this Chapter,

(c) an order under subsection (1), or

(d) regulations under section 55.

(5) Provision that may be made under subsection (4) includes, in particular
provision modifying any relevant provision so as to apply (with or without
10modifications)—

(a) in relation to elections for police and crime commissioners as it applies
in relation to other elections;

(b) in relation to police and crime commissioners as it applies in relation to
persons elected at other elections.

(6) 15In this section—

• “relevant provision” means any provision (whenever passed or made) of,
  or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  20the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections,
  25European Parliamentary elections or local government
  elections;

• “modify” includes amend, repeal or revoke (and related terms are to be
  read accordingly).

Vacancy in office of police and crime commissioner

60 30Date of vacancy in office of commissioner

(1) For the purposes of this Chapter, a vacancy in the office of police and crime
commissioner for a police area is to be regarded as occurring—

(a) in the case of a vacancy in consequence of the failure of, or other
irregularity in relation to, an election, at the time specified in an order
35under section 59;

(b) in the case of resignation, on receipt of the notice of resignation by the
appropriate officer;

(c) in the case of death, on the date of death;

(d) in any case within subsection (2), on the date on which the office of
40police and crime commissioner for the police area is declared to have
been vacated by the High Court or by the appropriate officer, as the
case may be.

(2) The cases referred to in subsection (1)(d) are—

(a) where the person elected as police and crime commissioner fails to
make and deliver a declaration of acceptance of office in accordance
with section 72;

(b) where a vacancy arises under section 64 (incapacity of commissioner:
5acting commissioner acting for 6 months);

(c) where a person becomes disqualified—

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police
area.

(3) 10The appropriate officer must give public notice of a vacancy in the office of
police and crime commissioner for a police area.

(4) The appropriate officer must give notice of a vacancy in the office of police and
crime commissioner for a police area to the police area returning officer.

(5) Any notice under subsection (3) or (4) must be given as soon as practicable after
15the date on which the vacancy is to be regarded under this section as occurring.

61 Declaration of vacancy in certain cases

(1) Subsection (2) applies where—

(a) a police and crime commissioner for a police area becomes disqualified
(whether by virtue of this or any other Act)—

(i) 20from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police
area,

(b) the person elected as police and crime commissioner for a police area
fails to make and deliver a declaration of acceptance of office in
25accordance with section 72, or

(c) a vacancy arises under section 64 (incapacity of commissioner: acting
commissioner acting for 6 months).

(2) The appropriate officer must forthwith declare the office of police and crime
commissioner for that police area to be vacant, unless—

(a) 30it has been declared vacant by the High Court, or

(b) an application has been made to the High Court for a declaration under
section 73 and the grounds in issue include any ground on which the
appropriate officer would (but for this paragraph) make the
declaration.

62 35Resignation of commissioner

(1) A police and crime commissioner may at any time resign office by giving notice
to the appropriate officer.

(2) Any such resignation takes effect on the officer’s receipt of the notice.

Vacancy or incapacity

63 40Appointment of acting commissioner

(1) The police and crime panel for a police area must appoint a person to act as
police and crime commissioner for that area (the “acting commissioner”) if—

(a) no person holds the office of police and crime commissioner for that
area,

(b) the police and crime commissioner for that area is incapacitated, or

(c) the police and crime commissioner for that area is suspended in
5accordance with section 31.

(2) The police and crime panel may appoint a person as acting commissioner only
if the person is a member of the police and crime commissioner’s staff at the
time of the appointment.

(3) In appointing a person as acting commissioner in a case where the police and
10crime commissioner is incapacitated, the police and crime panel must have
regard to any representations made by the commissioner in relation to the
appointment.

(4) All the functions of a police and crime commissioner are exercisable by an
acting commissioner, apart from issuing or varying a police and crime plan
15under section 6.

(5) Any property or rights vested in the police and crime commissioner may be
dealt with by the acting commissioner as if vested in the acting commissioner.

(6) The appointment of an acting commissioner ceases to have effect upon the
occurrence of the earliest of these events—

(a) 20the election of a person as police and crime commissioner;

(b) the termination by the police and crime panel, or by the acting
commissioner, of the appointment of the acting commissioner;

(c) in a case where the acting commissioner is appointed because the police
and crime commissioner is incapacitated, the commissioner ceasing to
25be incapacitated;

(d) in a case where the acting commissioner is appointed because the police
and crime commissioner is suspended, the commissioner ceasing to be
suspended.

(7) In a case where—

(a) 30the acting commissioner is appointed because the police and crime
commissioner is incapacitated or suspended, and

(b) a vacancy subsequently occurs in the office of police and crime
commissioner,

the occurrence of that vacancy does not affect the appointment of the acting
35commissioner (and accordingly subsection (6)(c) or (d) does not apply).

(8) For the purposes of this section—

(a) a police and crime commissioner is incapacitated if the commissioner is
unable to exercise the functions of commissioner, except where the
commissioner is unable to exercise those functions only because the
40commissioner has yet to give a declaration of office under section 72;
and

(b) it is for the police and crime panel for a police area to determine
whether or not the police and crime commissioner for that area is
incapacitated.

(9) 45Subject to subsection (4), a reference in any enactment to a police and crime
commissioner includes a reference to an acting commissioner.