Police Reform and Social Responsibility Bill (HL Bill 86)

(6) In this paragraph—

• “appropriate number” means the number that is equal to the difference
  between—

  (a)

  the full complement; and

  (b)

  5the number of appointed members of the panel;

• “full complement” means the number of appointed members which the
  panel is to have by virtue of paragraph 13(1)(a).

Liabilities of panels

19 (1) All relevant liabilities relating to a police and crime panel are liabilities of the
10Secretary of State (and accordingly are not liabilities of any member of the
panel).

(2) Any expense incurred by a member of a police and crime panel—

(a) in respect of a relevant liability, or

(b) otherwise in the exercise of, or purported exercise of, a function of
15the panel,

is to be borne and repaid by the Secretary of State.

(3) In this paragraph “relevant liability” means a liability which, but for this
paragraph, would be a liability of a member of a police and crime panel
(whether personally or as a member of that panel) in respect of anything
20done by—

(a) that person in the exercise, or purported exercise, of a function of a
member of the panel,

(b) any other member of the panel in the exercise, or purported exercise,
of a function of a member of the panel, or

(c) 25the panel in the exercise, or purported exercise, of a function of the
panel.

Provision of financial and other resources

20 (1) The Secretary of State may provide financial and other resources—

(a) to a police and crime panel in connection with the exercise of the
30panel’s functions;

(b) to the members of a police and crime panel in connection with the
exercise of their functions; and

(c) to one or more of the relevant local authorities covered by a police
area in connection with the exercise of functions by—

(i) 35such an authority in relation to the police and crime panel for
that police area,

(ii) that panel, or

(iii) the members of that panel.

(2) The Secretary of State may provide financial or other resources under sub-
40paragraph (1) subject to conditions.

(3) In the case of resources provided under sub-paragraph (1)(c), the conditions
which may be imposed include conditions requiring a relevant local
authority to pass resources to, or share resources with, another relevant local
authority.

(4) The power under this paragraph to provide resources is in addition to the
duty under paragraph 19(2).

Part 4 General provisions

5Restrictions on membership of panel

21 The police and crime commissioner for a police area may not be a member
of the police and crime panel for the area.

22 A person may not be a co-opted member of the police and crime panel for a
police area if the person is any of the following—

(a) 10a member of the staff of the police and crime commissioner for that
police area;

(b) a member of the civilian staff of the police force for that police area;

(c) a Member of Parliament;

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

(e) 15a member of the Scottish Parliament;

(f) a member of the European Parliament.

23 (1) If the police and crime panel for a police area has two co-opted members, a
member of a local authority which is covered by that police area may not be
a co-opted member of that panel.

(2) 20If the police and crime panel for a police area has three or more co-opted
members, a member of a local authority which is covered by that police area
may be a co-opted member of that panel only if at least two of the other co-
opted members are not members of any such local authority.

Panel arrangements

24 (1) 25Panel arrangements are arrangements for the establishment and
maintenance of a police and crime panel.

(2) Panel arrangements must make provision about the co-option of, and
holding of office by, the co-opted members of the police and crime panel.

(3) Panel arrangements must include provision about—

(a) 30the term of office of appointed members and co-opted members of
the panel;

(b) resignation, and removal, of appointed members and co-opted
members of the panel;

(c) conditions for re-appointment of appointed members and co-opted
35members of the panel.

(4) Panel arrangements may not make rules of procedure for the police and
crime panel (as to which see paragraph 25).

(5) Panel arrangements may make different provision for different cases.

(6) The following persons must comply with the panel arrangements relating to
40a police and crime panel—

(a) each relevant local authority;

(b) each member of the police and crime panel.

Rules of procedure

25 (1) A police and crime panel must make rules of procedure for the panel.

(2) A police and crime panel’s rules of procedure must make provision about
the appointment, resignation and removal of a person to chair the panel.

(3) 5The police and crime panel’s rules of procedure may, in particular, make
provision about—

(a) the method of making decisions, and

(b) the formation of sub-committees.

(4) A sub-committee of a police and crime panel may not co-opt members.

(5) 10This paragraph is subject to paragraph 27.

Voting by members

26 All members of a police and crime panel may vote in proceedings of the
panel.

Exercise of special functions

27 (1) 15The special functions of a police and crime panel may not be discharged by
a committee or sub-committee of the panel.

(2) In this paragraph “special functions” means the functions conferred on a
police and crime panel by—

(a) section 29(2) (scrutiny of police and crime plan);

(b) 20section 29(3) (scrutiny of annual report);

(c) paragraphs 10 and 11 of Schedule 1;

(d) Schedule 5 (issuing precepts); and

(e) Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

Allowances

28 25The panel arrangements may make provision about the payment of
allowances to members of the police and crime panel.

Promotion of, and support, for panels

29 The panel arrangements must make provision for—

(a) the role of the police and crime panel to be promoted;

(b) 30administrative and other support to be given to the police and crime
panel and its members;

(c) support and guidance to be given to—

(i) members of relevant local authorities,

(ii) members of the executives (if any) of relevant local
35authorities, and

(iii) officers of relevant local authorities,

in relation to the functions of the police and crime panel.

Validity of proceedings

30 The validity of the proceedings of a police and crime panel is not affected by
a vacancy in the membership of the panel or a defect in appointment.

Duty to produce balanced panel

31 (1) 5In exercising functions under Part 2 or 3 of this Schedule, a relevant local
authority must secure that (as far as is reasonably practicable) the balanced
appointment objective is met.

(2) In exercising functions under Part 2 or 3 of this Schedule, the Secretary of
State must secure that (as far as is reasonably practicable) the balanced
10appointment objective is met.

(3) A police and crime panel must, in co-opting persons who are members of
relevant local authorities, secure that (as far is reasonably practicable) the
balanced appointment objective is met.

(4) A police and crime panel—

(a) 15must, from time to time, decide whether the panel’s exercise of the
power conferred by paragraph 4(4) or 13(4) (changing the number of
co-opted members of the panel) would enable the balanced
appointment objective to be, or would contribute to that objective
being, met or more effectively met; and

(b) 20if the panel decides that the exercise of the power would do so, must
exercise that power accordingly.

(5) The “balanced appointment objective” referred to in this paragraph is the
objective that local authority members of a police and crime panel (when
taken together)—

(a) 25represent all parts of the relevant police area;

(b) represent the political make-up of—

(i) the relevant local authority, or

(ii) the relevant local authorities (when taken together);

(c) have the skills, knowledge and experience necessary for the police
30and crime panel to discharge its functions effectively.

(6) For that purpose “local authority members” means—

(a) appointed members of the police and crime panel, and

(b) co-opted members of the panel who are members of relevant local
authorities.

32 35In co-opting members who are not members of relevant local authorities, a
police and crime panel must secure that (as far as is reasonably practicable),
the appointed and co-opted members of the panel (when taken together)
have the skills, knowledge and experience necessary for the police and crime
panel to discharge its functions effectively.

40Duty to nominate elected mayor to be a member of the panel

33 (1) This paragraph applies if—

(a) a local authority has a mayor and cabinet executive, and

(b) the elected mayor of that executive is not a member of the relevant
police and crime panel.

(2) If the relevant local authority has power under paragraph 6(2), 7(2), 8(2) or
(3) or 16(2) to nominate one or more of its councillors to be members of that
panel, any exercise of that power must be such as to secure that the elected
mayor is the councillor, or one of the councillors, so nominated.

(3) 5If the Secretary of State is required by paragraph 10(2), 16(4)(b) or 18(2) to
nominate one or more persons to be members of that panel, the Secretary of
State must secure that the elected mayor is the person, or one of the persons,
so nominated.

(4) The duty in sub-paragraph (2) or (3) does not apply at a particular time if the
10person who holds office as the elected mayor at that time (the “current
mayor”)—

(a) has, since the start of the current mayoral term, already been
nominated to be a member of that panel (whether by the relevant
local authority or the Secretary of State), and

(b) 15did not become a member of that panel by virtue of the nomination.

(5) But sub-paragraph (4) does not prevent the exercise of a power under this
Schedule so as to make a further nomination of the current mayor to be a
member of that panel.

34 (1) This paragraph applies if—

(a) 20a local authority has a mayor and cabinet executive,

(b) under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority
nominates the person who holds office as elected mayor of the
executive at that time (the “current mayor”) to be a member of the
relevant police and crime panel,

(c) 25that is the first such nomination of the current mayor since the start
of the current mayoral term, and

(d) the current mayor does not become a member of that panel by virtue
of the nomination.

(2) The Secretary of State may not, by virtue of that failure of the current mayor
30to become a member of the police and crime panel, nominate a person to be
a member of that panel under paragraph 10(2) or 16(4)(b).

35 (1) This paragraph applies for the purposes of paragraphs 33 and 34 and this
paragraph.

(2) A reference to the start of the current mayoral term of a person who is the
35elected mayor of the executive of a local authority is a reference to the time
when that person—

(a) took office as elected mayor of that executive (if that person has been
so elected on only one occasion), or

(b) most recently took office as elected mayor of that executive (if that
40person has been so elected on two or more occasions).

(3) The “relevant police and crime panel”, in relation to a local authority, is the
police and crime panel for the police area which covers that authority.

(4) The expressions “elected mayor” and “mayor and cabinet executive” have
the same meanings as in Part 2 of the Local Government Act 2000.

45Application of other legislation

36 (1) The Secretary of State may, by regulations—

(a) amend or otherwise modify any local authority enactment in its
application to police and crime panels or members of police and
crime panels, and

(b) apply any local authority enactment (with or without modifications)
5to police and crime panels or members of police and crime panels if,
or to the extent that, it does not so apply.

(2) In this paragraph “local authority enactment” means an enactment which
relates to—

(a) local authorities or committees or joint committees of local
10authorities, or

(b) members of such authorities, committees or joint committees.

Regulations about notifications

37 The Secretary of State may, by regulations, make provision about
notifications to be given by persons in relation to—

(a) 15their compliance, or failure to comply, with any duty imposed under
this Schedule; or

(b) their exercise, or failure to exercise, any power conferred under this
Schedule.

Regulations about making nominations

38 (1) 20The Secretary of State may, by regulations, make provision about—

(a) the making of nominations (including provision about when
nominations lapse);

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

(c) 25the acceptance and refusal of nominations (including provision
about when nominations are to be treated as having been accepted or
refused).

(2) In this paragraph “nomination” means a nomination by a relevant local
authority or the Secretary of State of a person to be a member of a police and
30crime panel.

Regulations about making appointments

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

(a) the making of appointments;

(b) the notification of appointments (whether to the appointee or any
35other person); and

(c) the termination of appointments (including provision about when
appointments are to be treated as having been terminated).

(2) In this paragraph “appointment” means—

(a) the appointment by a relevant local authority or the Secretary of
40State of a person as a member of a police and crime panel, and

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

Regulations about modification etc of functions

40 (1) The Secretary of State may, by regulations, make provision for modifying,
suspending, transferring or removing relevant functions insofar as they are
exercisable in relation to police and crime panels in respect of which the
5Secretary of State is, or has been, required to nominate members.

(2) In this paragraph, “relevant functions” means functions conferred on
relevant local authorities or the Secretary of State by this Schedule.

Interpretation

41 (1) A reference in this Schedule to a police area which covers a local authority is
10a reference to a police area whose area is the same as, or includes, all or part
of the local authority’s area.

(2) The circumstances in which a relevant local authority may be taken, for the
purposes of this Schedule, to have failed to nominate or appoint a councillor
as a member of a police and crime panel include circumstances where a
15councillor who is nominated and appointed fails to remain as a member of
the panel for such a period as the Secretary of State considers reasonable.

(3) In this Schedule—

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

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

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

  (a)

  is a member of the local authority, or

  (b)

  is the elected mayor of a mayor and cabinet executive (within
  25the meaning of Part 2 of the Local Government Act 2000) of a
  relevant local authority;

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

• “local authority” means—

  (a)

  30in relation to England, a county council or a district council;

  (b)

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

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

• 35“panel arrangements” means the arrangements referred to in
  paragraph 24;

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

• “single-authority police area” means a police area which covers only
  40one local authority;

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

Section 32

SCHEDULE 7 Regulations about complaints and conduct matters

Introduction

1 (1) In this Schedule—

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

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

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

• 10“regulations” means regulations under section 32.

(2) The provisions of this Schedule that confer power to make particular kinds
of regulations do not affect the generality of the power conferred by section
32.

Investigation of serious complaints

2 (1) 15This paragraph applies to—

(a) serious complaints, and

(b) conduct matters,

which relate to any relevant office holder.

(2) Regulations must provide for serious complaints and conduct matters to be
20investigated—

(a) by the Independent Police Complaints Commission, or

(b) by a police force, in an investigation that is under the management of
the Independent Police Complaints Commission.

(3) This paragraph does not prevent regulations from making provision about
25the receipt or initial handling of serious complaints or conduct matters
otherwise than by the Independent Police Complaints Commission or a
police force.

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

(a) 30circumstances in which serious complaints or conduct matters are
not to be investigated; and

(b) circumstances in which investigations of serious complaints or
conduct matters are to be discontinued;

including provision about the determination of such matters (whether by
35the Independent Police Complaints Commission, a police force or
otherwise).

(5) Regulations may make provision about what is to be taken to be a criminal
offence for the purposes of sub-paragraph (6).

(6) In this paragraph “serious complaint” means a qualifying complaint made
40about conduct which constitutes or involves, or appears to constitute or
involve, the commission of a criminal offence.

Resolution of other complaints

3 (1) This paragraph applies in relation to qualifying complaints which—

(a) relate to a holder of the office of—

(i) police and crime commissioner,

(ii) 5deputy police and crime commissioner, or

(iii) Deputy Mayor for Policing and Crime (unless the holder of
that office is a member of the London Assembly), and

(b) are not, or cease to be, investigated by the Independent Police
Complaints Commission or a police force.

(2) 10Regulations—

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

(b) must provide for police and crime panels to engage in informal
resolution of such complaints.

(3) This paragraph does not prevent regulations from making provision about
15the receipt or initial handling of qualifying complaints otherwise than by
police and crime panels.

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

(a) circumstances in which police and crime panels are not required to
20engage in informal resolution of such complaints; and

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

including provision about the determination of such matters (whether by
police and crime panels or otherwise).

(5) 25In this Schedule—

(a) references to engaging in informal resolution of a complaint are
references to encouraging, facilitating, or otherwise assisting in, the
resolution of the complaint otherwise than by legal proceedings; and

(b) references to informal resolution of a complaint are to be construed
30accordingly.

4 (1) This paragraph applies in relation to qualifying complaints which—

(a) relate to a holder of the office of—

(i) the Mayor’s Office for Policing and Crime, or

(ii) Deputy Mayor for Policing and Crime, if the holder of that
35office is a member of the London Assembly, and

(b) are not, or cease to be, investigated by the Independent Police
Complaints Commission or a police force.

(2) Regulations must secure that such complaints are dealt with in accordance
with Part 3 of the Local Government Act 2000.

40Conferral of functions

5 (1) Regulations may confer functions on—

(a) the Independent Police Complaints Commission,

(b) a police force,

(c) police and crime panels,

(d) 45the Secretary of State, or

(e) any other person.

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

No power to terminate holding of office or employment

6 (1) Regulations may not provide for a relevant office holder—

(a) 5to cease to hold office, or

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

(2) But that does not apply to regulations under, or for the purposes of,
paragraph 4.

Application and amendment of other enactments

7 (1) 10Regulations may apply (with or without modifications), or amend or
otherwise modify, Part 2 of the Police Reform Act 2002.

(2) Regulations may apply (with or without modifications) such other
enactments, or make such amendments or other modifications of other
enactments, as appear to the Secretary of State to be necessary or
15expedient—

(a) in connection with, or in consequence of, regulations, or

(b) for the purposes of paragraph 4.

Section 39

SCHEDULE 8 Appointment, suspension and removal of senior police officers

20Part 1 Appointment of chief constables

Introduction

1 A police and crime commissioner must comply with this Part of this
Schedule in appointing a chief constable under section 39.

25No appointment until end of confirmation process

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

(a) that person is, or has been, a constable in any part of the United
Kingdom, and

(b) 30the end of the confirmation process has been reached.

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

(a) in a case where paragraph 7 applies, when the first of the events
mentioned in sub-paragraphs (3) and (4) occurs; or

(b) in a case where paragraph 8 applies, when the first of the events
35mentioned in sub-paragraphs (3) and (5) occurs.