Police Reform and Social Responsibility Bill (HL Bill 77)

64 Vacancy where acting commissioner acts for 6 months

(1) Subsection (2) applies where—

(a) an acting commissioner is appointed under section 63 to act for the
police and crime commissioner for a police area because the police and
5crime commissioner is incapacitated, and

(b) the police and crime commissioner does not cease to be incapacitated
during the period of 6 months beginning with the day on which the
acting commissioner is appointed.

(2) At the end of that 6 month period—

(a) 10the police and crime commissioner ceases to be police and crime
commissioner, and

(b) accordingly, the office of police and crime commissioner for that police
area becomes vacant.

Disqualification

65 15Disqualification from election as police and crime commissioner

(1) A person is disqualified from being elected to the office of police and crime
commissioner for a police area at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at
the election, and

(b) 20on each relevant day, the person is registered in the register of local
government electors for an electoral area in respect of an address in the
police area.

(2) In this section “relevant day”, in relation to a person who is a candidate at an
election, means—

(a) 25the day on which the person is nominated as a candidate at the election;

(b) the day of the poll at the election.

(3) A person is disqualified from being elected to the office of police and crime
commissioner for a police area at an ordinary election if the person has been
nominated as a candidate for election as police and crime commissioner for any
30other police area at that election.

(4) A person is disqualified from being elected to the office of police and crime
commissioner for a police area at an election other than an ordinary election
if—

(a) the person is police and crime commissioner for any other police area,
35or

(b) the person has been nominated as a candidate for election as police and
crime commissioner for any other police area for which an election is
held on the same day.

66 Police and crime commissioner not to serve for more than two terms

(1) 40A person is disqualified from being elected as police and crime commissioner
for a police area if the person has been elected as police and crime
commissioner for that area at two previous elections.

(2) It is immaterial for the purposes of subsection (1)—

(a) whether any election is, or was, an ordinary election;

(b) whether (and if so for how long), having been elected at a previous
election, the person acted as police and crime commissioner for the
area.

(3) 5An election which has been declared void under any provision made by or
under this Chapter is to be disregarded for the purposes of subsection (1).

(4) If an order under section 59 makes provision for a court to declare that a person
should have been elected in place of the person elected, it may make provision
for a person so declared to be treated for the purposes of subsection (1) as
10having been elected at an election.

(5) Where a police area alteration order is made, any affected police area is to be
treated for the purposes of this section as a different police area from any
resulting police area.

(6) Subsection (5) is subject to any provision made to the contrary by the police
15area alteration order.

(7) In this section—

• “affected police area”, in relation to a police area alteration order, means
  a police area—

  (a)

  any part of whose boundary is altered by the order, or

  (b)

  20which is abolished by the order;

• “police area alteration order” means—

  (a)

  an order under section 32 of the Police Act 1996 (power to alter
  police areas by order);

  (b)

  an order under section 10 of the Local Government and Public
  25Involvement in Health Act 2007 (implementation of Boundary
  Committee for England review of local government areas)
  which alters the boundary of any police area in England;

  (c)

  an order under section 58 of the Local Government Act 1972
  (implementation of proposals by Local Government Boundary
  30Commission for Wales) which alters the boundary of any police
  area in Wales;

• “resulting police area”, in relation to a police area alteration order, means
  a police area—

  (a)

  which is created by the order, or

  (b)

  35any part of whose boundary results from the order.

67 Disqualification from election or holding office as police and crime
commissioner: police grounds

(1) A person is disqualified from being elected as, or being, a police and crime
commissioner if the person—

(a) 40is disqualified from being a member of the House of Commons under
section 1(1)(d) of the House of Commons Disqualification Act 1975
(members of police forces for police areas in the United Kingdom);

(b) is a member of—

(i) the British Transport Police Force;

(ii) 45the Civil Nuclear Constabulary;

(c) is a special constable appointed—

(i) under section 27 of the Police Act 1996 for a police area or the
City of London police area;

(ii) under section 25 of the Railways and Transport Safety Act 2003
(British Transport Police Force);

(d) 5is a member of staff of the chief officer of police of any police force
maintained for a police area;

(e) is a member of staff of—

(i) a police and crime commissioner;

(ii) the Mayor’s Office for Policing and Crime;

(f) 10is the Mayor of London;

(g) is a member of the Common Council of the City of London or a member
of staff of that Council in its capacity as a police authority;

(h) is a member (including a member who is chairman or chief executive),
or member of staff, of—

(i) 15the British Transport Police Authority;

(ii) the Civil Nuclear Police Authority;

(iii) the Independent Police Complaints Commission;

(iv) the Serious Organised Crime Agency;

(v) the National Policing Improvement Agency;

(i) 20holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) any body mentioned in paragraph (h);

(iii) the chief officer of police for any police force maintained for a
police area or the City of London police area;

(iv) 25the chief officer of police for any police force mentioned in
paragraph (b).

(2) In this section, “member of staff”, in relation to any person (“A”), includes a
person (“B”) who works for A—

(a) under a contract of employment,

(b) 30under a contract for services, or

(c) in accordance with arrangements made between B’s employer and A;

and for this purpose B works for A if B provides services for A under the
direction and control of A.

(3) In subsection (1)(i), the reference to an entity under the control of a local
35policing body or other body or a chief officer of police is to be construed in
accordance with regulations made by the Secretary of State.

(4) In its application in relation to the first election of a police and crime
commissioner to be held for a police area, this section applies as if—

(a) for paragraphs (d) to (g) of subsection (1) there were substituted—

“(d) 40any member, or member of staff, of a police authority
within the meaning of the Police Act 1996 (see section
101 of that Act);”, and

(b) for paragraph (i)(i) of that subsection there were substituted—

“(i) a police authority within the meaning of the
45Police Act 1996.”

68 Disqualification from election or holding office as police and crime
commissioner: other grounds

(1) A person is disqualified from being elected as, or being, a police and crime
commissioner unless the person satisfies the citizenship condition (see section
570).

(2) A person is disqualified from being elected as, or being, a police and crime
commissioner if the person—

(a) is disqualified from being a member of the House of Commons under
section 1(1)(a) to (c) of the House of Commons Disqualification Act
101975 (judges, civil servants, members of the armed forces), or

(b) is a member of the legislature of any country or territory outside the
United Kingdom.

(3) A person is disqualified from being elected as, or being, a police and crime
commissioner if—

(a) 15the person is the subject of—

(i) a debt relief restrictions order under paragraph 1 of Schedule
4ZB to the Insolvency Act 1986;

(ii) an interim debt relief restrictions order under paragraph 5 of
that Schedule;

(iii) 20a bankruptcy restrictions order under paragraph 1 of Schedule
4A to that Act;

(iv) a bankruptcy restrictions interim order under paragraph 5 of
that Schedule;

(b) a debt relief restrictions undertaking has effect in respect of the person
25under paragraph 7 of Schedule 4ZB to that Act;

(c) the person has been convicted in the United Kingdom, the Channel
Islands, or the Isle of Man, of any imprisonable offence (whether or not
sentenced to a term of imprisonment in respect of the offence); or

(d) the person is incapable of being elected as a member of the House of
30Commons, or is required to vacate a seat in the House of Commons,
under Part 3 of the Representation of the People Act 1983
(consequences of corrupt or illegal practices).

(4) For the purpose of subsection (3)(c)—

(a) “imprisonable offence” means an offence—

(i) 35for which a person who has attained the age of 18 years may be
sentenced to a term of imprisonment, or

(ii) for which, in the case of such a person, the sentence is fixed by
law as life imprisonment;

(b) a person is to be treated as having been convicted—

(i) 40on the expiry of the ordinary period allowed for an appeal or
application in respect of the conviction, or

(ii) if an appeal or application is made in respect of the conviction,
when the appeal or application is finally disposed of or
abandoned or fails by reason of non-prosecution.

(5) 45A person is disqualified from being elected as, or being, police and crime
commissioner for a police area if the person—

(a) is a member of staff of a relevant council, or

(b) holds any employment in an entity which is under the control of a
relevant council within subsection (7)(a), (b), (c) or (f).

(6) For this purpose—

• “member of staff” has the same meaning as in section 67;

• “relevant council”, in relation to a police area, means a council within
  subsection (7) for an area which, or any part of which, lies within the
  5police area.

(7) Those councils are—

(a) a county council;

(b) a county borough council;

(c) a district council;

(d) 10a parish council;

(e) a community council;

(f) the Council of the Isles of Scilly.

(8) In subsection (5)(b), the reference to an entity under the control of a relevant
council is to be construed in accordance with regulations made by the Secretary
15of State.

(9) Nothing in subsection (5) is to be taken to disqualify a person by virtue of being
a teacher, or otherwise employed, in a school or other educational institution
maintained or assisted by a relevant council.

69 Disqualification of person holding office as police and crime commissioner

20A person becomes disqualified from being a police and crime commissioner
upon becoming a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) the National Assembly for Wales;

(d) 25the Northern Ireland Assembly;

(e) the European Parliament.

70 Citizenship condition

(1) This section applies for the purposes of section 68.

(2) A person satisfies the citizenship condition if the person is—

(a) 30a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(c) a citizen of the Union.

(3) For the purposes of this section, a person is a qualifying Commonwealth
citizen if the person is a Commonwealth citizen and—

(a) 35is not a person who requires leave under the Immigration Act 1971 to
enter or remain in the United Kingdom, or

(b) is a person who requires such leave but for the time being has (or is, by
virtue of any enactment, to be treated as having) indefinite leave to
remain within the meaning of that Act.

(4) 40But a person who does not require leave to enter or remain in the United
Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to
requirement for leave in special cases) is not a qualifying Commonwealth
citizen by virtue of subsection (3)(a).

(5) In this section the expression “citizen of the Union” is to be construed in
accordance with Article 20(1) of the Treaty on the Functioning of the European
Union.

71 Validity of acts

5The acts of a person elected as police and crime commissioner for a police area
under this Chapter who acts in that office are, despite any disqualification—

(a) from being, or being elected as, a police and crime commissioner, or

(b) from being, or being elected as police and crime commissioner for that
area,

10as valid and effectual as if the person had not been so disqualified.

Elections: further provision

72 Declaration of acceptance of office of police and crime commissioner

(1) A person elected to the office of police and crime commissioner for any police
area may not act in that office unless the person has—

(a) 15made a declaration of acceptance of the office in a form specified in an
order made by the Secretary of State, and

(b) delivered the declaration to the appropriate officer,

in each case, when not ineligible by virtue of subsection (5).

(2) If the person fails to make and deliver a declaration in accordance with
20subsection (1) within the period of two months beginning with the day after the
election, the office of police and crime commissioner for that area becomes
vacant at the end of the period.

(3) Any declaration made under this section must be made before—

(a) the appropriate officer;

(b) 25a justice of the peace or magistrate in the United Kingdom, the Channel
Islands or the Isle of Man, or

(c) a commissioner appointed to administer oaths in the Senior Courts.

(4) Any person before whom a declaration is authorised to be made under this
section may take the declaration.

(5) 30A person is ineligible to make or give a declaration of acceptance of office
under this section in respect of the office of police and crime commissioner for
a police area at any time when the person is a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) 35the National Assembly for Wales;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

(6) No salary, and no payment towards the provision of superannuation benefits,
is to be paid under this Act to or in respect of a police and crime commissioner
40until the commissioner has complied with the requirements of subsection (1).

(7) Subsection (6) does not affect any entitlement of a police and crime
commissioner to payments in respect of the period before the commissioner

complies with the requirements of subsection (1) once the commissioner has
complied with those requirements.

73 Judicial proceedings as to disqualification or vacancy

(1) Any person who claims that a person purporting to be a police and crime
5commissioner for a police area is, or at any time since being elected has been,
disqualified—

(a) from being a police and crime commissioner; or

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

may apply to the High Court for a declaration to that effect, and that
10accordingly the office of police and crime commissioner for the area is vacant.

(2) An application under subsection (1) in respect of any person may be made
whether the grounds on which it is made are alleged to have subsisted at the
time when the person was elected or to have arisen subsequently.

(3) No declaration may be made under this section in respect of any person on
15grounds which subsisted when the person was elected, if an election petition
under an order under section 59 is pending or has been tried in which the
person’s disqualification on those grounds is or was in issue.

(4) Any person who claims that a person purporting to be a police and crime
commissioner for a police area has ceased to be the police and crime
20commissioner for the police area by virtue of—

(a) section 64, or

(b) section 72,

may apply to the High Court for a declaration to that effect.

(5) On an application under this section—

(a) 25the person in respect of whom the application is made is to be the
respondent, and

(b) the applicant must give such security for the costs of the proceedings as
the court may direct.

(6) The amount of the security may not exceed £5,000 or such other sum as the
30Secretary of State may specify by order.

(7) The decision of the court on an application under this section is final.

74 Police and crime commissioners not to sit or vote in House of Lords

(1) A person elected as a police and crime commissioner is disqualified while
holding office as a police and crime commissioner—

(a) 35from sitting or voting in the House of Lords, and

(b) from sitting or voting in a committee of the House of Lords or a joint
committee of both Houses of Parliament.

(2) No writ of summons is to be issued to a member of the House of Lords while
disqualified under this section.

(3) 40Where a member of the House of Lords is elected as a police and crime
commissioner for a police area, the police area returning officer must notify the
Speaker of the House of Lords.

(4) In this section references to a member of the House of Lords are references to a
person who is or, but for this section, would be entitled to receive writs of
summons to attend that House.

75 Amendment of police areas: term of office of commissioner

(1) 5Subsection (2) applies where a person becomes police and crime commissioner
for a resulting police area by virtue of, or of an election required to be held by,
a police area alteration order.

(2) The person’s term of office as police and crime commissioner ends at the time
when it would end had the person been elected as police and crime
10commissioner at the previous ordinary election of commissioners in England
or, as the case may be, Wales.

(3) In this section—

• “police area alteration order” means—

  (a)

  an order under section 32 of the Police Act 1996 (power to alter
  15police areas by order);

  (b)

  an order under section 10 of the Local Government and Public
  Involvement in Health Act 2007 (implementation of Boundary
  Committee for England review of local government areas)
  which alters the boundary of any police area in England;

  (c)

  20an order under section 58 of the Local Government Act 1972
  (implementation of proposals by Local Government Boundary
  Commission for Wales) which alters the boundary of any police
  area in Wales;

• “resulting police area”, in relation to a police area alteration order, means
  25a police area existing immediately after the order comes into force—

  (a)

  which is created by the order, or

  (b)

  any part of whose boundary results from the order.

(4) References in this section to the coming into force of a police area alteration
order are references to the changes in police areas made by the order taking
30effect.

76 Computation of time and timing of elections etc

(1) Subsection (2) applies where the day, or the last day, on which anything is
required or permitted to be done by or under section 51, 52 or 72 is not a
business day.

(2) 35The requirement or permission is deemed to relate instead to the first business
day after that day.

(3) Where under subsection (2) the day of an election is postponed, the day to
which it is postponed is to be treated as the day of election for the purpose of—

(a) any provision of, or made under, this Act, or

(b) 40any relevant provision (within the meaning of section 59).

(4) Any day which is not a business day is to be disregarded in computing any
period of time for the purpose of section 52.

(5) In this section, “business day” means a day other than—

(Nonenone) a Saturday,

(Nonenone) a Sunday,

(Nonenone) Christmas Eve,

(Nonenone) Christmas Day,

(Nonenone) Good Friday,

(Nonenone) 5a bank holiday, or

(Nonenone) a day appointed for public thanksgiving or mourning.

77 Elections: consequential amendments

Schedule 10 (consequential amendments relating to elections of persons as
police and crime commissioners) has effect.

78 10The appropriate officer

(1) For each police area, other than the metropolitan police district, the Secretary
of State must by order designate a local authority.

(2) In this Chapter, the “appropriate officer”, in relation to any such police area,
means the head of paid service of the local authority designated for that police
15area.

(3) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for a county in which there are no
  20district councils,

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “head of paid service”, in relation to a council, means the person
  designated by the council under section 4(1)(a) of the Local
  25Government Act 1989.

79 Interpretation of Chapter 6

In this Chapter, the following terms have the following meanings, unless the
context otherwise requires—

• “appropriate officer” has the meaning given by section 78;

• 30“elector”, in relation to an election of a police and crime commissioner,
  means a person entitled to vote at the election;

• “elector”, in relation to a local government election, has same meaning as
  in the Representation of the People Act 1983 (see section 202 of that
  Act);

• 35“electoral area” has the same meaning as in that Act as it applies in
  relation to England and Wales (see section 203 of that Act);

• “local government election” has the same meaning as in that Act as it
  applies in relation to England and Wales (see section 203 of that Act);

• “local government elector” means a person registered as a local
  40government elector in the register of electors in accordance with the
  provisions of the Representation of the People Acts;

• “ordinary election” has the meaning given in section 51;

• “police area returning officer” has the meaning given by section 55.

CHAPTER 7 Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities

80 The strategic policing requirement

(1) For section 37A of the Police Act 1996 (setting of strategic priorities for police
5authorities), substitute—

“37A The strategic policing requirement

(1) The Secretary of State must, from time to time, issue a document (the
“strategic policing requirement”) which sets out what, in the Secretary
of State’s view, are—

(a) 10national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those
national threats.

(2) A chief officer of police must, in exercising the functions of chief officer,
have regard to the strategic policing requirement.

(3) 15Before issuing the strategic policing requirement, the Secretary of
State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to
represent the views of chief officers of police, and

(ii) 20such persons as appear to the Secretary of State to
represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks
fit.

(4) The strategic policing requirement need not set out a national threat (in
25particular) if, in the Secretary of State’s view, countering the threat
would involve police forces other than England and Wales police forces
(and only those other police forces).

(5) References in this section to national policing capabilities to counter a
threat are references to the ability of all England and Wales police
30forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways
to counter that threat, or

(c) to exercise one or more functions in accordance with common
35operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  40the City of London police force;

• “national threat” means a threat (whether actual or prospective)
  which is—

  Police Reform and Social Responsibility BillPage 50

  (a)

  a threat to national security, public safety, public order
  or public confidence that is of such gravity as to be of
  national importance, or

  (b)

  a threat which can be countered effectively or efficiently
  5only by national policing capabilities to counter the
  threat.”.

Duties and powers of Secretary of State

81 General duty of Secretary of State

The Secretary of State must exercise the powers conferred by this Part in such
10manner and to such extent as appears to the Secretary of State to be best
calculated to promote the efficiency and effectiveness of the police.

82 Obtaining advice from representative bodies

(1) The Secretary of State may, in connection with the exercise by the Secretary of
State of any function relating to the police or policing, require a representative
15body to give the Secretary of State advice on any matter.

(2) A requirement under subsection (1) may specify the period within which the
advice is to be given.

(3) A representative body must comply with a requirement under subsection (1).

(4) In a case where—

(a) 20the Secretary of State makes such a request, and

(b) the representative body gives the advice (and, where applicable, does
so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that
function.

(5) 25In this section “representative body” means any body which appears to the
Secretary of State to represent the professional views of members of one or
more police forces.

83 Abolition of certain powers of Secretary of State

In the Police Act 1996, omit—

(a) 30section 38 (performance targets for police strategic priorities);

(b) section 39 (codes of practice for police authorities);

(c) section 43 (reports from police authorities to Secretary of State).

84 Suspension and removal of senior police officers

(1) The Police Act 1996 is amended as follows.

(2) 35Section 42 (removal of chief constables etc) is amended in accordance with
subsections (3) to (11).

(3) For the title substitute “Metropolitan police: suspension or removal of
Commissioner or Deputy Commissioner”.

(4) For subsections (1) to (1B) substitute—

“(1) The Secretary of State may require the Mayor’s Office for Policing and
Crime to exercise the power under section 49 of the Police Reform and
Social Responsibility Act 2011 (the “2011 Act”) to call upon the
5Commissioner of Police of the Metropolis, or the Deputy
Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor’s Office for Policing
and Crime to exercise the power under section 49 of the 2011 Act to
suspend the Commissioner of Police of the Metropolis, or the Deputy
10Commissioner of Police of the Metropolis, if the Secretary of State
considers that it is necessary for the maintenance of public confidence
in the metropolitan police force for that police officer to be suspended.”.

(5) In subsection (2), for the words before paragraph (a) substitute—

“(2) Before requiring the Mayor’s Office for Policing and Crime to exercise
15its power to call upon the Commissioner of Police of the Metropolis, or
the Deputy Commissioner of Police of the Metropolis, to retire or
resign, the Secretary of State shall—”.

(6) In subsection (2A), for the words from “notice” (in the second place) to the end
substitute “notice to the Mayor’s Office for Policing and Crime.”.

(7) 20In subsection (3A)—

(a) in paragraph (a), for the words from “, Deputy” to “question” substitute
“or Deputy Commissioner”;

(b) in paragraph (b), for the words from “Metropolitan” to “concerned”
substitute “Mayor’s Office for Policing and Crime”.

(8) 25In subsection (3B), for the words from “, Deputy” to “question” substitute “or
Deputy Commissioner”.

(9) In subsection (4), for the words from “, the Deputy” to “constable” substitute
“or Deputy Commissioner”.

(10) For subsection (4A) substitute—

“(4A) 30If the Secretary of State exercises the power conferred by subsection (1)
to require the Mayor’s Office for Policing and Crime to call upon the
Commissioner to retire or resign—

(a) the requirement of section 49(1) of the 2011 Act to obtain the
Secretary of State’s consent does not apply, and

(b) 35section 49(5) of the 2011 Act does not apply.”.

(11) Omit subsection (4C).

(12) In section 50 (regulations for police forces), after subsection (2) insert—

“(2A) Without prejudice to the generality of subsection (1) or (2), regulations
under this section may make provision with respect to the procedures
40to be followed by police and crime commissioners, or the Mayor’s
Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) powers of removal,

(whether, in the case of the Mayor’s Office for Policing and Crime, on
their own initiative or in compliance with a requirement imposed by
the Secretary of State).

(2B) In subsection (2A)—

• 5“power of removal” means—

  (a)

  the power conferred on police and crime commissioners
  by section 39(3) of the 2011 Act to require chief
  constables to retire or resign;

  (b)

  the power conferred on the Mayor’s Office for Policing
  10and Crime by section 49(3) of the 2011 Act to require the
  Commissioner or Deputy Commissioner of Police of the
  Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners
  15by section 39(2) of the 2011 Act to suspend chief
  constables;

  (b)

  the power conferred on the Mayor’s Office for Policing
  and Crime by section 49(1) of the 2011 Act to suspend
  the Commissioner or Deputy Commissioner of Police of
  20the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social
Responsibility Act 2011.”.

Her Majesty’s inspectors of constabulary

85 Functions of HMIC

(1) 25Section 54 of the Police Act 1996 (appointment and functions of inspectors of
constabulary) is amended as follows.

(2) In subsection (2) omit “to the Secretary of State”.

(3) Omit subsection (2A).

(4) After subsection (2B) insert—

“(2BA) 30The local policing body for a police area may at any time request the
inspectors of constabulary to carry out an inspection under this section
of a police force maintained for that police area; and a request under
this subsection may include a request for the inspection to be confined
to a particular part of the force in question, to particular matters or to
35particular activities of that force.

(2BB) Where a local policing body requests the inspectors to carry out an
inspection under subsection (2BA), the body must pay to the inspectors
such reasonable costs incurred or to be incurred in connection with the
inspection as the inspectors may require.”.

(5) 40Omit subsection (2C).

(6) In subsection (4)—

(a) for “in such form as the Secretary of State may direct” substitute “on the
carrying out of inspections under this section”, and

(b) for “Secretary of State” (in the third place) substitute “chief inspector”.

(7) After subsection (4) insert—

“(4A) A report under subsection (4) must include the chief inspector’s
assessment of the efficiency and effectiveness of policing in England
and Wales for the year in respect of which the report is prepared.”.

86 5HMIC reports: publication

(1) Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

(2) For subsection (1) substitute—

“(1) The inspectors of constabulary must arrange for any report prepared
under section 54 to be published in such manner as appears to the
10inspectors to be appropriate.”.

(3) For subsection (2) substitute—

“(2) But the inspectors of constabulary must exclude from publication
under subsection (1) anything that the inspectors consider—

(a) would be against the interests of national security, or

(b) 15might jeopardise the safety of any person.

(2A) The inspectors must disclose to the Secretary of State anything
excluded from publication by virtue of subsection (2).”.

(4) For subsection (3) substitute—

“(3) The inspectors of constabulary must send a copy of the published
20report to—

(a) the Secretary of State,

(b) the local policing body maintaining the police force to which the
report relates,

(c) the chief officer of police of that police force, and

(d) 25any police and crime panel established under section 29 of the
Police Reform and Social Responsibility Act 2011 for the police
area of that police force.”.

(5) In subsection (4)—

(a) for “police authority” substitute “local policing body”, and

(b) 30for “authority” substitute “body”.

(6) In subsection (5)—

(a) for “police authority” substitute “local policing body”, and

(b) in paragraph (c) and in the words following that paragraph, for
“authority” substitute “body”.

(7) 35In subsection (6) for “police authority” substitute “local policing body”.

(8) Omit subsection (8).

87 Inspection programmes and frameworks

(1) Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about
HMIC) is amended as follows.

(2) In sub-paragraph (1) omit “, or at such times as the Secretary of State may
specify by order,”.

(3) In sub-paragraph (2) for “each of those persons or bodies” substitute “the
Secretary of State”.

(4) 5After sub-paragraph (2) insert—

“(2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or
inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be
10published in such manner as the chief inspector thinks
appropriate, and

(c) send a copy of each such programme or framework to each of
the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the
15Secretary of State to the inspection programme or framework in
question before acting under sub-paragraph (2A).”.

(5) In sub-paragraph (3)—

(a) before “to send” insert “under sub-paragraph (2A)(c)”, and

(b) for “that sub-paragraph” substitute “sub-paragraph (2)”.

(6) 20Omit sub-paragraph (4).

(7) Before sub-paragraph (5) insert—

“(4A) The Secretary of State may by order specify matters to which the
chief inspector of constabulary must have regard in preparing an
inspection programme or an inspection framework.

(4B) 25Those matters may (in particular) include the need to secure, so far
as possible, the following objectives—

(a) that any requirements placed on police forces as a result of
inspections carried out under section 54 are not unduly
burdensome; and

(b) 30that inspections under that section can be carried out
promptly in response to matters that raise issues of national
importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may
issue guidance as to the matters that raise issues of national
35importance in relation to the police; and the chief inspector of
constabulary must have regard to any such guidance in preparing an
inspection programme or an inspection framework.”.

88 Powers in connection with HMIC inspections

(1) In Schedule 4A to the Police Act 1996 (further provision about HMIC), after
40paragraph 6 insert—

“Powers of inspectors regarding information etc

6A (1) The chief officer of police of a police force must—

(a) provide to an inspector such information and documents
specified or described in a notification given by the inspector
to that chief officer, and

(b) produce or deliver up to the inspector all such evidence and
5other things so specified or described,

as appear to the inspector to be required for the purposes of an
inspection under section 54.

(2) A notification under sub-paragraph (1) requiring any information or
documents to be provided may authorise or require that they be
10provided electronically.

(3) Anything that a chief officer is obliged to provide, produce or deliver
up by virtue of a requirement imposed under sub-paragraph (1)
must be provided, produced or delivered up in such form and
manner, and within such period, as may be specified—

(a) 15in the notification imposing the requirement, or

(b) in any subsequent notification given by the inspector to the
chief officer.