Police Reform and Social Responsibility Bill (HL Bill 86)

(8) In calculating the period of three weeks for the purpose of sub-paragraph
(5), any relevant post-election period is to be ignored.

(9) 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
5crime 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
section 71.

11 (1) A police and crime panel must hold a confirmation hearing before making a
10report and recommendation under paragraph 10 to the police and crime
commissioner in relation to a proposed senior appointment.

(2) For the purposes of this Schedule a “confirmation hearing” is a meeting of
the panel, held in public, at which the candidate is requested to appear for
the purpose of answering questions relating to the appointment.

(3) 15References in this Schedule to a person appearing at a meeting of the panel
are references to the person—

(a) attending 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
20hear, and be heard in, those proceedings as they happen.

12 (1) The police and crime commissioner may accept or reject the panel’s
recommendation under paragraph 10 as to whether or not the candidate
should be appointed.

(2) The police and crime commissioner must notify the panel of the decision
25whether to accept or reject the recommendation.

Remuneration etc of staff

13 (1) A police and crime commissioner may pay remuneration, allowances and
gratuities to the members of the commissioner’s staff.

(2) A police and crime commissioner may pay—

(a) 30pensions to, or in respect of, persons who have been members of the
commissioner’s staff, and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the commissioner’s staff.

(3) In this paragraph “allowances”, in relation to a member of a commissioner’s
35staff, means allowances in respect of expenses incurred by the member of
staff in the course of employment as such a member of staff.

Incidental powers

14 (1) A police and crime commissioner may do anything which is calculated to
facilitate, or is conducive or incidental to, the exercise of the functions of
40commissioner.

(2) That includes—

(a) entering into contracts and other agreements (whether legally
binding or not);

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

(c) borrowing money.

(3) This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of police and crime commissioners.

Protection from personal liability

15 (1) 5A person who is a police and crime commissioner has no personal liability
for an act or omission done by the person in the exercise of the
commissioner’s functions unless it is shown to have been done otherwise
than in good faith.

(2) A person who is a member of staff of a police and crime commissioner has
10no personal liability for an act or omission done by the person in the carrying
out of duties as a member of staff unless it is shown to have been done
otherwise than in good faith.

Financial year

16 (1) The first financial year of a police and crime commissioner is the period
15that—

(a) begins with the day on which the first election of the commissioner
is held, and

(b) ends with the following 31 March.

(2) After that, a commissioner’s financial year is the period of 12 months ending
20with 31 March.

Section 2

SCHEDULE 2 Chief constables

Introduction

1 This Schedule applies to the chief constables established under section 3.

25Status, name etc

2 A chief constable is a corporation sole.

3 The name of the chief constable for a police force is “the Chief Constable of”
with the addition of the name of the police force.

Civilian staff

4 (1) 30The chief constable of a police force must appoint a person to be responsible
for the proper administration of the police force’s financial affairs (referred
to in this Part as the police force’s chief finance officer).

(2) The chief constable of a police force may appoint such other staff as the chief
constable thinks appropriate—

(a) 35to enable the chief constable to exercise the chief constable’s
functions, or

(b) otherwise to assist the relevant police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of a chief constable as it applies to the persons having
responsibility for the administration of financial affairs mentioned in that
section.

5 (1) 5A chief constable must appoint a qualified person to act as chief finance
officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the chief constable’s opinion, unable to
carry out the duties of that post.

(2) 10For the purposes of sub-paragraph (1) a person is qualified to be appointed
to act as chief finance officer if that person is qualified to be appointed to the
post under paragraph 4.

(3) A reference in any enactment to the police force’s chief finance officer
includes a reference to a person acting as chief finance officer in accordance
15with sub-paragraph (1).

Remuneration etc of staff

6 (1) A chief constable may pay remuneration, allowances and gratuities to the
members of the police force’s civilian staff.

(2) A chief constable may pay—

(a) 20pensions to, or in respect of, persons who have been members of the
police force’s civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the police force’s civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a police force’s
25civilian staff, means allowances in respect of expenses incurred by the
member of staff in the course of employment as such a member of staff.

Incidental powers

7 (1) A chief constable may do anything which is calculated to facilitate, or is
conducive or incidental to, the exercise of the functions of chief constable.

(2) 30That includes—

(a) entering into contracts and other agreements (whether legally
binding or not), but only with the consent of the relevant police and
crime commissioner;

(b) acquiring and disposing of property, apart from land, but only with
35the consent of the relevant police and crime commissioner.

(3) But the chief constable may not borrow money.

(4) Sub-paragraph (2)(a) does not require the chief constable to obtain the
consent of the relevant police and crime commissioner in order to enter into
a contract or other agreement with a person—

(a) 40by virtue of which the person becomes, or is, a member of the police
force’s civilian staff, or

(b) which otherwise relates to the person’s membership of that civilian
staff (including the terms and conditions of the person’s
membership).

(5) This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of chief constables.

Damages and costs in legal proceedings

8 (1) The following amounts must be paid out of the police fund kept by the
5relevant police and crime commissioner—

(a) any damages or costs awarded against a chief constable in any
proceedings brought against the chief constable in respect of the acts
or omissions of a member of the relevant police force’s civilian staff;

(b) any costs incurred by a chief constable in any such proceedings so far
10as not recovered by the chief constable in the proceedings; and

(c) any sum required in connection with the settlement of any claim
made against a chief constable in respect of the acts or omissions of a
member of the relevant police force’s civilian staff, if the settlement
is approved by the relevant police and crime commissioner.

(2) 15A police and crime commissioner may, in such cases and to such extent as
appear to the commissioner to be appropriate, pay out of the police fund
kept by the commissioner—

(a) any damages or costs awarded against a member of the relevant
police force’s civilian staff in proceedings for any unlawful conduct
20of that person;

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

(c) any sum required in connection with the settlement of a claim that
has or might have given rise to such proceedings.

25Disciplinary action etc

9 Paragraph 2 does not affect the application of regulations under section 50
of the Police Act 1996 to the constable who occupies the office of chief
constable.

Section 4

SCHEDULE 3 30Mayor’s Office for Policing and Crime

Allowances

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

(2) In this paragraph “authorised allowances” means allowances, in respect of
35expenses incurred by the occupant of the Mayor’s Office for Policing and
Crime in the exercise of the functions of that Office, which are of the kinds
and amounts designated by the Secretary of State as payable in accordance
with this paragraph.

(3) A determination under this paragraph may make different provision for
40different cases.

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

Staff

2 (1) The Mayor’s Office for Policing and Crime must appoint a person to be the
5head of that Office’s staff (referred to in this Part as the chief executive of the
Mayor’s Office for Policing and Crime).

(2) The Mayor’s Office for Policing and Crime may appoint such other staff (in
addition to the chief executive, and the chief finance officer appointed under
section 127(2) of the Greater London Authority Act 1999) as the Office thinks
10appropriate to enable the Office to exercise its functions.

(3) A reference in any enactment to the officers of a functional body of the
Greater London Authority is, in the case of the Mayor’s Office for Policing
and Crime, to be read as a reference to the staff of that Office.

3 (1) The Mayor’s Office for Policing and Crime must appoint a person to act as
15chief executive, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the opinion of the Mayor’s Office for
Policing and Crime, unable to carry out the duties of that post.

(2) A reference in any enactment to the chief executive of the Mayor’s Office for
20Policing and Crime includes a reference to a person acting as chief executive
in accordance with sub-paragraph (1).

The Deputy Mayor for Policing and Crime

4 (1) This paragraph applies to the person appointed under section 20 to be the
Deputy Mayor for Policing and Crime.

(2) 25None of the following may be appointed as the Deputy Mayor for Policing
and Crime—

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

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

(c) 30a Member of the House of Commons;

(d) a member of the European Parliament;

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

(f) a member of the Scottish Parliament;

(g) a member of the Northern Ireland Assembly.

(3) 35The terms and conditions of a person who is appointed as the Deputy Mayor
for Policing and Crime must provide for the appointment to end not later
than the day when the current term of office of the occupant of the Mayor’s
Office for Policing and Crime ends.

(4) If, and for as long as, the person who is Deputy Mayor for Policing and
40Crime is a member of the London Assembly, the Deputy Mayor for Policing
and Crime is not to be regarded as a member of staff of the Mayor’s Office
of Policing and Crime.

(5) But sub-paragraph (4) does not prevent the person who is the Deputy Mayor
for Policing and Crime from receiving allowances and gratuities under
paragraph 6.

(6) Section 7 of the Local Government and Housing Act 1989 (appointment of
5staff on merit) does not apply to the Deputy Mayor for Policing and Crime.

(7) In this paragraph “current term of office”, in relation to the appointment of
a member of staff by the occupant of the Mayor’s Office for Policing and
Crime, means the occupant’s term of office which is running at the time the
appointment is made.

(8) 10For the purposes of this paragraph, a person is subject to a relevant
disqualification if the person is disqualified from being elected as, or being,
a police and crime commissioner under—

(a) section 66(1) (police officers, police-related employment etc), other
than paragraph (e)(ii); or

(b) 15section 67(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,
bankruptcy, criminal convictions & corrupt or illegal election
practices).

Notification of appointments

5 (1) This paragraph applies to every appointment of a member of staff of the
20Mayor’s Office for Policing and Crime.

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

(a) the name of the person appointed;

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

(c) 25the terms and conditions on which the person has been appointed.

(3) In this paragraph, a reference to appointment of a person as a member of
staff of the Mayor’s Office for Policing and Crime includes a reference to a
person who is already a member of staff of the Office being appointed to a
different post within the staff of the Office.

30Remuneration etc of staff

6 (1) The Mayor’s Office for Policing and Crime may pay remuneration,
allowances and gratuities to the members of the staff of the Office.

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

(a) pensions to, or in respect of, persons who have been members of the
35staff of the Office, and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the staff of the Office.

(3) In this paragraph “allowances”, in relation to a member of the staff of the
Mayor’s Office for Policing and Crime, means allowances in respect of
40expenses incurred by the member of staff in the course of employment as
such a member of staff.

Incidental powers

7 (1) The Mayor’s Office for Policing and Crime may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Office.

(2) 5That includes—

(a) entering into contracts and other agreements (whether legally
binding or not);

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

(c) borrowing money.

(3) 10This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Mayor’s Office for Policing and Crime.

Protection from personal liability

8 (1) A person who is the occupant of the Mayor’s Office for Policing and Crime
has no personal liability for an act or omission done by the person in the
15exercise of the functions of the office unless it is shown to have been done
otherwise than in good faith.

(2) A person who is a member of staff of the Mayor’s Office for Policing and
Crime has no personal liability for an act or omission done by the person in
the carrying out of duties as a member of staff unless it is shown to have been
20done otherwise than in good faith.

Financial year

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

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

(b) 25ends with the relevant 31 March.

(2) After that, the financial year of the Mayor’s Office for Policing and Crime is
the period of 12 months ending with 31 March.

(3) In this paragraph “relevant 31 March”, in relation to the first financial year
of the Mayor’s Office for Policing and Crime, means—

(a) 30if that financial year begins on or before 1 October, the first 31 March
that falls after the beginning of the financial year;

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

Section 4

SCHEDULE 4 35Commissioner of Police of the Metropolis

Civilian staff

1 (1) The Commissioner of Police of the Metropolis must appoint a person to be
responsible for the proper administration of the metropolitan police force’s
financial affairs (referred to in this Part as the metropolitan police force’s
40chief finance officer).

(2) The Commissioner of Police of the Metropolis may appoint such other staff
as the Commissioner thinks appropriate—

(a) to enable the Commissioner to exercise the Commissioner’s
functions, or

(b) 5otherwise to assist the metropolitan police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of the Commissioner of Police of the Metropolis as it applies
to the persons having responsibility for the administration of financial
affairs mentioned in that section.

2 (1) 10The Commissioner of Police of the Metropolis must appoint a qualified
person to act as chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the Commissioner’s opinion, unable to
carry out the duties of that post.

(2) 15For the purposes of sub-paragraph (1) a person is qualified to be appointed
to act as chief finance officer if that person is qualified to be appointed to the
post under paragraph 1.

(3) A reference in any enactment to the metropolitan police force’s chief finance
officer includes a reference to a person acting as chief finance officer in
20accordance with sub-paragraph (1).

Remuneration etc of staff

3 (1) The Commissioner of Police of the Metropolis may pay remuneration,
allowances and gratuities to the members of the metropolitan police force’s
civilian staff.

(2) 25The Commissioner of Police of the Metropolis may pay—

(a) pensions to, or in respect of, persons who have been members of the
metropolitan police force’s civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the metropolitan police force’s
30civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a metropolitan
police force’s civilian staff, means allowances in respect of expenses
incurred by the member of staff in the course of employment as such a
member of staff.

35Incidental powers

4 (1) The Commissioner of Police of the Metropolis may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Commissioner.

(2) That includes—

(a) 40entering into contracts and other agreements (whether legally
binding or not), but only with the consent of the Mayor’s Office for
Policing and Crime;

(b) acquiring and disposing of property, apart from land, but only with
the consent of the Mayor’s Office for Policing and Crime.

(3) But the Commissioner of Police of the Metropolis may not borrow money.

(4) Sub-paragraph (3) does not require the Commissioner of Police of the
Metropolis to obtain the consent of the Mayor’s Office for Policing and
Crime in order to enter into a contract or other agreement with a person—

(a) 5by virtue of which the person becomes, or is, a member of the
metropolitan police force’s civilian staff, or

(b) which otherwise relates to the person’s membership of that civilian
staff (including the terms and conditions of the person’s
membership).

(5) 10This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Commissioner.

Damages and costs in legal proceedings

5 (1) The following amounts must be paid out of the police fund kept by the
Mayor’s Office for Policing and Crime—

(a) 15any damages or costs awarded against the Commissioner of Police of
the Metropolis in any proceedings brought against the
Commissioner in respect of the acts or omissions of a member of the
metropolitan police force’s civilian staff;

(b) any costs incurred by the Commissioner of Police of the Metropolis
20in any such proceedings so far as not recovered by the Commissioner
in the proceedings; and

(c) any sum required in connection with the settlement of any claim
made against the Commissioner of Police of the Metropolis in respect
of the acts or omissions of a member of the metropolitan police
25force’s civilian staff, if the settlement is approved by the Mayor’s
Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime may, in such cases and to such
extent as appear to the Office to be appropriate, pay out of the police fund
kept by the Office—

(a) 30any damages or costs awarded against a member of the metropolitan
police force’s civilian staff in proceedings for any unlawful conduct
of that person;

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

(c) 35any sum required in connection with the settlement of a claim that
has or might have given rise to such proceedings.

Disciplinary action etc

6 Section 5(1) does not affect the application of regulations under section 50 of
the Police Act 1996 to the constable who occupies the office of Commissioner
40of Police of the Metropolis.

Section 27

SCHEDULE 5 Issuing precepts

Introduction

1 (1) A police and crime commissioner may not issue a precept under section 40
5of the Local Government Finance Act 1992 for a financial year until the end
of the scrutiny process is reached.

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

(a) in a case where paragraph 5 applies, the police and crime
commissioner gives the police and crime panel a response to the
10panel’s report; or

(b) in a case where paragraph 6 applies, the end of the process is reached
in accordance with regulations under paragraph 8.

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

15Commissioner to notify panel of proposed precept

2 The police and crime commissioner must notify the relevant police and
crime panel of the precept which the commissioner is proposing to issue for
the financial year (the “proposed precept”).

Panel to review proposed precept

3 (1) 20The police and crime panel must review the proposed precept notified to it
under paragraph 2.

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

(3) The report may include recommendations, including recommendations as
to the precept that should be issued for the financial year.

25Panel’s power to veto precept

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

(2) If the panel vetoes the proposed precept, the report made under paragraph
3 must include a statement that the panel has vetoed it.

(3) 30References in this Schedule to a police and crime panel vetoing a proposed
precept are references to the panel making a decision, by the required
majority, that the proposed precept should not be the precept for the
financial year.

(4) For that purpose, the panel makes that decision by the required majority if
35at least two-thirds of the persons who are members of the panel at the time
when the decision is made vote in favour of making that decision.

Next steps if no veto

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