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Police Reform and Social Responsibility Bill (HL Bill 86)

Police Reform and Social Responsibility BillPage 140

(3) The first event mentioned in sub-paragraphs (2)(a) and (2)(b) is the period of
three weeks mentioned in paragraph 4(6) ending without the relevant police
and crime panel having given the police and crime commissioner any report
on the proposed appointment.

(4) 5The second event mentioned in sub-paragraph (2)(a) is the police and crime
commissioner notifying the panel under paragraph 7(3) of the decision
whether or not to accept the panel’s recommendation in relation to the
appointment.

(5) The second event mentioned in sub-paragraph (2)(b) is the end of the
10confirmation process being reached in accordance with regulations under
paragraph 10.

Notification of proposed appointment

3 (1) A police and crime commissioner must notify the relevant police and crime
panel of each proposed appointment of a chief constable by the
15commissioner.

(2) In such a case, the police and crime commissioner must also notify the
relevant police and crime panel of the following information—

(a) the name of the person whom the commissioner is proposing to
appoint (“the candidate”);

(b) 20the criteria used to assess the suitability of the candidate for the
appointment;

(c) why the candidate satisfies those criteria; and

(d) the terms and conditions on which the candidate is to be appointed.

Panel to review and report on proposed appointment

4 (1) 25This paragraph applies if a police and crime panel is notified under
paragraph 3 of a proposed appointment of a chief constable.

(2) The panel must review the proposed appointment.

(3) The panel must make a report to the commissioner on the proposed
appointment.

(4) 30The report must include a recommendation to the police and crime
commissioner as to whether or not the candidate should be appointed.

(5) Sub-paragraph (4) does not apply if the panel vetoes the proposed
appointment under paragraph 5 (but see paragraph 5(2)).

(6) The panel must comply with sub-paragraphs (2) to (4) within the period of
35three weeks beginning with the day on which the panel receives the
notification from the commissioner of the proposed appointment.

(7) The panel must publish the report to the commissioner made under this
paragraph.

(8) It is for the panel to determine the manner in which the recommendation is
40to be published in accordance with sub-paragraph (7).

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

Police Reform and Social Responsibility BillPage 141

(10) 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
crime commissioner under section 51, and

(b) ends with the day on which the person elected as police and crime
5commissioner delivers a declaration of acceptance of office under
section 71.

Power to veto proposed appointment

5 (1) The police and crime panel may, having reviewed the proposed
appointment, veto the appointment of the candidate.

(2) 10If the panel vetoes the appointment of the candidate, the report made under
paragraph 4 must include a statement that the panel has vetoed it.

(3) References in this Schedule to a police and crime panel vetoing the
appointment of a candidate are references to the panel making a decision, by
the required majority, that the candidate should not be appointed as chief
15constable.

(4) For that purpose, the panel makes that decision by the required majority if
at 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.

(5) The power conferred by this paragraph is exercisable in relation to a
20proposed appointment only during the period of three weeks mentioned in
paragraph 4(6).

Confirmation hearings

6 (1) A police and crime panel must hold a confirmation hearing—

(a) before making a report under paragraph 4 to the police and crime
25commissioner in relation to a proposed appointment of a chief
constable, and

(b) before making a recommendation under paragraph 4 (where
applicable) or vetoing an appointment under paragraph 5 (where
applicable).

(2) 30For the purposes of this Part 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) References in this Part to a person appearing at a meeting of the panel are
references to the person—

(a) 35attending 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
hear, and be heard in, those proceedings as they happen.

Next steps if no veto

7 (1) 40This paragraph applies if the police and crime panel does not veto the
appointment of a candidate.

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

Police Reform and Social Responsibility BillPage 142

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

Next steps if veto

8 (1) This paragraph applies if the police and crime panel vetoes the appointment
5of a candidate.

(2) The police and crime commissioner must not appoint that candidate as chief
constable.

(3) Sub-paragraph (2) is subject to regulations under paragraph 10.

Regulations

9 (1) 10The Secretary of State may make regulations about—

(a) the steps that are required to be taken by paragraphs 3 to 8, and

(b) procedures that are to be followed in taking such steps.

(2) The regulations may, in particular, make provision about the time limits
applicable in taking steps or following procedures (if, or to the extent that,
15this Part of this Schedule does not make such provision).

10 (1) The Secretary of State may make regulations about the appointment of chief
constables in cases where paragraph 8 applies in relation to the appointment
of a candidate (the “rejected candidate”).

(2) The regulations may make provision about—

(a) 20steps to be taken, and

(b) procedures to be followed.

(3) That includes provision about the time limits applicable in taking steps or
following procedures.

(4) The regulations may make provision about limits on who may be considered
25for appointment.

(5) That includes provision about limiting consideration for appointment to
some or all of the persons already considered as part of the process by which
the rejected candidate was selected for appointment.

(6) The regulations may confer functions on—

(a) 30police and crime commissioners,

(b) police and crime panels,

(c) the Secretary of State, or

(d) any other person.

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

(8) 35Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph
(1).

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Part 2 Suspension and removal of chief constables

Suspension

11 If a police and crime commissioner suspends a chief constable from duty
5under section 39, the commissioner must notify the relevant police and
crime panel of the suspension.

Removal: general

12 (1) A police and crime commissioner must not call upon a chief constable to
retire or resign until the end of the scrutiny process has been reached.

(2) 10The end of the scrutiny process is reached when the first of the following
events occurs—

(a) the period of six weeks mentioned in paragraph 15(3) has ended
without the panel having given the police and crime commissioner
any recommendation as to whether or not the commissioner should
15call for the retirement or resignation;

(b) the police and crime commissioner notifies the panel under
paragraph 16(2) of the decision whether or not to accept the panel’s
recommendation in relation to the resignation or retirement.

Removal: notification and representations

13 (1) 20A police and crime commissioner must comply with this paragraph before
calling upon a chief constable to retire or resign under section 39.

(2) The police and crime commissioner must give the chief constable a written
explanation of the reasons why the commissioner is proposing to call for the
retirement or resignation.

(3) 25The police and crime commissioner must give the relevant police and crime
panel—

(a) written notification that the commissioner is proposing to call upon
the chief constable to retire or resign; and

(b) a copy of the reasons given to the chief constable in accordance with
30sub-paragraph (1).

(4) The police and crime commissioner must give the chief constable the
opportunity to make written representations about the proposal to call for
the chief constable’s resignation or retirement.

(5) The police and crime commissioner must—

(a) 35consider any written representations made by the chief constable;
and

(b) give the relevant police and crime panel a copy of any such
representations made by the chief constable, as soon as practicable
after the commissioner is given them.

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Removal: further notification

14 (1) A police and crime commissioner must comply with this paragraph if, after
complying with paragraph 13, the police and crime commissioner is still
proposing to call upon the chief constable to retire or resign under section 39.

(2) 5The police and crime commissioner must notify—

(a) the chief constable, and

(b) the relevant police and crime panel,

that the commissioner is still proposing to call upon the chief constable to
retire or resign.

10Removal: role of panel

15 (1) This paragraph applies if a police and crime panel is given a notification
under paragraph 14.

(2) The panel must make a recommendation to the police and crime
commissioner as to whether or not the commissioner should call for the
15retirement or resignation.

(3) The recommendation must be given to the police and crime commissioner in
writing before the end of the period of six weeks beginning with the day on
which the panel receives the notification under paragraph 14.

(4) Before making the recommendation, the panel—

(a) 20may consult the chief inspector of constabulary, and

(b) must hold a scrutiny hearing.

(5) The panel must publish the recommendation made under this paragraph.

(6) It is for the panel to determine the manner in which the recommendation is
to be published in accordance with sub-paragraph (5).

(7) 25In calculating the period of six weeks mentioned in sub-paragraph (3), any
relevant post-election period is to be ignored.

(8) 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
crime commissioner under section 51, and

(b) 30ends with the day on which the person elected as police and crime
commissioner delivers a declaration of acceptance of office under
section 71.

(9) For the purposes of this Part a “scrutiny hearing” is a meeting of the panel,
held in private, which the police and crime commissioner and the chief
35constable are both entitled to attend for the purpose of making
representations relating to the proposal to call upon the chief constable to
retire or resign.

(10) References in this Part to a person appearing at a meeting of the panel are
references to the person—

(a) 40attending 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
hear, and be heard in, those proceedings as they happen.

Police Reform and Social Responsibility BillPage 145

Removal: consideration of panel’s recommendation

16 (1) The police and crime commissioner—

(a) must consider the panel’s recommendation given under paragraph
15, and

(b) 5having considered the recommendation, may accept or reject it.

(2) The police and crime commissioner must notify the panel of the decision
whether or not to accept the recommendation.

Part 3 Suspension and removal of other senior police officers

10Senior police officers

17 In this Part of this Schedule “senior police officer” means—

(a) a deputy chief constable, or

(b) an assistant chief constable.

Suspension

18 15If a chief constable suspends a senior police from duty under section 40 or
41, the chief constable must notify the relevant police and crime
commissioner of the suspension.

Removal

19 (1) A chief constable must comply with this paragraph before calling upon a
20senior police officer to retire or resign under section 40 or 41.

(2) The chief constable must give the senior police officer a written explanation
of the reasons why the chief constable is proposing to call for the retirement
or resignation.

(3) The chief constable must give the senior police officer the opportunity to
25make written representations about the proposal to call for the senior police
officer’s retirement or resignation.

(4) The chief constable must consider any written representations made by the
senior police officer.

20 (1) This paragraph applies if, after complying with paragraph 19, the chief
30constable is still proposing to call upon the senior police officer to retire or
resign under section 40 or 41.

(2) Before calling for the retirement or resignation, the chief constable must
consult the relevant police and crime commissioner.

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Section 58

SCHEDULE 9 Supplementary vote system

Application

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and
5crime commissioner for a police area at which there are three or more
candidates.

First preference vote and second preference vote

2 In this Schedule—

  • “first preference vote” means a vote to the extent that it is given so as to
    10indicate a first preference from among the candidates to be the police
    and crime commissioner;

  • “second preference vote” means a vote to the extent that it is given so
    as to indicate a second preference from among the candidates to be
    the police and crime commissioner.

15Candidate with overall majority of first preference votes

3 If one of the candidates to be the police and crime commissioner receives
more than half of all the first preference votes given in the police area, that
candidate is to be returned as the police and crime commissioner.

No candidate with overall majority of first preference votes

4 (1) 20If none of the candidates to be the police and crime commissioner receives
more than half of all the first preference votes given in the police area, the
following provisions of this paragraph apply.

(2) The two candidates who received the greatest number of first preference
votes given in the police area remain in the contest.

(3) 25If, by reason of an equality of first preference votes, three or more candidates
are qualified to remain in the contest by virtue of sub-paragraph (2), all of
them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the police area for each of
30the candidates remaining in the contest by votes which did not give a first
preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for
that candidate, to give the total number of preference votes for that
candidate.

(7) 35The person who is to be returned as the police and crime commissioner for
the police area is that one of the candidates remaining in the contest who has
the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more
candidates remaining in the contest each have the greatest total number of
40preference votes, the police area returning officer must decide by lots which
of them is to be returned as the police and crime commissioner.

Police Reform and Social Responsibility BillPage 147

Section 75

SCHEDULE 10 Elections of police and crime commissioners: consequential amendments

Local Government Act 1972

1 The Local Government Act 1972 is amended as follows.

2 5In section 67 (consequential and transitional arrangements relating to Part
4), after subsection (5) insert—

(5A) Without prejudice to subsection (5), an order under section 58 which
makes provision altering any police areas may make provision as to
who is to be a police and crime commissioner, including—

(a) 10provision for the police and crime commissioner for a police
area affected by the order to become the police and crime
commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
15order.

(5B) Such an order which includes provision within subsection (5A)(b)
may, in particular, require the election in question to be held before
the alteration of police areas takes effect.

Representation of the People Act 1983

3 20In section 13B(4) of the Representation of the People Act 1983 (alteration of
registers: pending elections), omit “and” at the end of paragraph (d) and
after paragraph (f) insert and

(g) elections of police and crime commissioners in England and
Wales.

25Police Act 1996

4 The Police Act 1996 is amended as follows.

5 (1) Section 32 (power to alter police areas by order) is amended as follows.

(2) In subsection (3)(a), for “police authority” substitute “local policing body”.

(3) In subsection (4), after “ensure that” insert “no police area falls partly in
30England and partly in Wales and that”.

6 In section 33(1)(a) (objection to alterations proposed by Secretary of State)
for “police authority” substitute “local policing body”.

7 (1) Section 34 (orders altering police areas: supplementary provisions) is
amended as follows.

(2) 35For subsection (1)(a), substitute—

(a) provision as to who is to be a police and crime
commissioner;.

(3) After subsection (1) insert—

(1A) Provision falling within subsection (1)(a) includes, in particular—

Police Reform and Social Responsibility BillPage 148

(a) provision for the police and crime commissioner for a police
area affected by the order to become the police and crime
commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and
5crime commissioner for any police area resulting from the
order.

(4) In subsection (2)—

(a) omit “and” at the end of paragraph (a), and

(b) after paragraph (b) insert and

(c) 10to apply (with or without modification) any provision
of, or made under, Chapter 6 of Part 1 of the Police
Reform and Social Responsibility Act 2011.

(5) After subsection (2) insert—

(2A) An order under section 32 which includes provision within
15subsection (1A)(b) may, in particular require the election in question
to be held before the alteration of police areas takes effect.

Political Parties, Elections and Referendums Act 2000

8 The Political Parties, Elections and Referendums Act 2000 is amended as
follows.

9 20In section 5 (reports on elections and referendums)—

(a) in subsection (2), after paragraph (e) insert—

(f) an ordinary election of police and crime
commissioners.;

(b) in subsection (2A), omit “or” after paragraph (b), and after paragraph
25(c) insert or

(d) an election held under section 52 of the Police Reform
and Social Responsibility Act 2011 (election to fill
vacancy in office of police and crime commissioner),.

10 In section 6A (attendance of representatives of Commission at elections), in
30subsection (5), after paragraph (d) insert—

(da) an election under section 52 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
police and crime commissioner);.

11 In section 7 (Commission to be consulted on changes to electoral law), in
35subsection (2), after paragraph (h) insert—

(ha) an order under subsection (1)(b) of section 55 of the Police
Reform and Social Responsibility Act 2011 (designations of
returning officers for elections of persons as police and crime
commissioners in England and Wales);

(hb) 40regulations under subsection (2) of that section (functions of
returning officers and local returning officers for such
elections);

(hc) an order under section 59 of that Act (conduct of elections of
persons as police and crime commissioners in England and
45Wales);.

12 In section 8 (powers with respect to elections exercisable only on

Police Reform and Social Responsibility BillPage 149

Commission recommendation), in subsection (3), after paragraph (c)
insert—

(d) the making of orders under section 59 of the Police Reform
and Social Responsibility Act 2011 so far as relating to the
5matters mentioned in subsection (2)(d) of that section
(limitation of expenses in connection with elections of
persons as police and crime commissioners in England and
Wales).

13 In section 9A (setting of performance standards), in subsection (6), after
10paragraph (d) insert—

(da) an election under section 52 of the Police Reform and Social
Responsibility Act 2011 (election to fill vacancy in office of
police and crime commissioner);.

14 In section 22 (parties to be registered in order to field candidates at
15elections), in subsection (5), after paragraph (e) insert—

(ea) elections of police and crime commissioners,.

Local Government and Public Involvement in Health Act 2007

15 (1) Section 15 of the Local Government and Public Involvement in Health Act
2007 (structural and boundary change in England: incidental etc provision
20in orders or regulations) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “police authority” in both places where it occurs
substitute “local policing body”;

(b) after paragraph (f) insert—

(fa) 25as to who is to be a police and crime commissioner;.

(3) After subsection (1) insert—

(1A) Provision falling within subsection (1)(fa) includes, in particular—

(a) provision for the police and crime commissioner for a police
area affected by an order by virtue of provision made under
30section 11(4)(g) to become the police and crime commissioner
for a police area resulting from the order;

(b) provision for the holding of an election for the police and
crime commissioner for any police area resulting from the
order.

(4) 35After subsection (3) insert—

(3A) Without prejudice to subsection (2), an order under section 7 or 10
which includes provision within subsection (1A)(b) may, in
particular, require the election in question to be held before the
alteration of police areas takes effect.

Section 88

40SCHEDULE 11 Crime and disorder strategies

1 The Crime and Disorder Act 1998 is amended as follows.