Police Reform and Social Responsibility Bill (HL Bill 86)

(a) for paragraph (a) substitute—

“(a) police and crime commissioners,

(aa) the Common Council, and”;

(b) for the words after paragraph (b) substitute—

5“and in those provisions a reference to a grant recipient is a
reference to a police and crime commissioner, the Common
Council or the Greater London Authority.”.

(3) In subsection (2)(b), for “authority” substitute “grant recipient”.

(4) In subsection (4), for “police authorities” substitute “grant recipients”.

(5) 10In subsection (5), for “different authorities or different classes of authority”
substitute “different grant recipients or different classes of grant recipient”.

(6) In subsection (7), for “police authority” substitute “grant recipient”.

(7) In subsection (7A)—

(a) for “Metropolitan Police Authority” substitute “Mayor’s Office for
15Policing and Crime”;

(b) for “that Authority” substitute “that Office”.

(8) In subsection (8)—

(a) for “an authority’s” substitute “a grant recipient’s”;

(b) for “the authority” substitute “the grant recipient”;

(c) 20for “an authority” substitute “a grant recipient”.

(9) In subsection (9), for “Metropolitan Police Authority” substitute “Mayor’s
Office for Policing and Crime”.

26 Other grants etc under Police Act 1996

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

(2) 25In section 47 (grants for capital expenditure)—

(a) in subsection (1), for the words from “by” to “Authority”, substitute “by
local policing bodies”;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “under
subsection (1) in respect of expenditure incurred (or to be incurred) by
30the Mayor’s Office for Policing and Crime”;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime;

(ii) for “that Authority” substitute “that Office”.

(3) 35In section 48 (grants for expenditure on safeguarding national security)—

(a) in subsection (1), for the words from “by” to “security”, substitute “by
local policing bodies in connection with safeguarding national
security”;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “under
40subsection (1) in respect of expenditure incurred (or to be incurred) by
the Mayor’s Office for Policing and Crime”;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “Mayor’s Office
for Policing and Crime”;

(ii) for “that Authority” substitute “that Office”.

(4) In section 92 (grants by local authorities)—

(a) in subsection (1), for “police authority established under section 3”
substitute “police and crime commissioner”;

(b) 5in subsection (2), for “Metropolitan Police Authority” substitute
“Mayor’s Office for Policing and Crime”.

(5) In section 93 (acceptance of gifts or loans)—

(a) in subsection (1), for “police authority” substitute “local policing body”;

(b) in subsection (2), for “police authority” substitute “local policing body”.

(6) 10Section 94 (financing of new police authorities) is amended as follows.

(7) In the title, for “police authorities” substitute “police and crime
commissioners”.

(8) In subsection (1)—

(a) for “police authority established under section 3” substitute “police and
15crime commissioner”;

(b) for “it” substitute “the commissioner”.

(9) In subsection (2)—

(a) for “police authority established under section 3” substitute “police and
crime commissioner”;

(b) 20for “it” substitute “the commissioner”;

(c) for “its” (in both places) substitute “the commissioner’s”.

(10) In subsection (3)—

(a) for “an authority” substitute “a commissioner”;

(b) for “its” substitute “the commissioner’s”.

(11) 25In subsection (4)—

(a) for “a police authority” substitute “a police and crime commissioner”;

(b) for “it” (in both places) substitute “the commissioner”.

27 Precepts

(1) The Local Government Finance Act 1992 is amended in accordance with
30subsections (2) and (3).

(2) In section 39 (precepting and precepted authorities), in subsection (1) (major
precepting authorities), for paragraph (b) substitute—

“(b) a police and crime commissioner;”.

(3) In section 65 (duty to consult ratepayers), in subsection (3) (definition of
35relevant authority), after “major precepting authority” insert “, apart from a
police and crime commissioner”.

(4) Schedule 5 (issuing precepts) has effect.

28 Other grants etc

(1) Section 155 of the Local Government and Housing Act 1989 (emergency
40financial assistance to local authorities) is amended in accordance with
subsections (2) and (3).

(2) In subsection (1A) (grants to GLA functional bodies), for paragraph (b)
substitute—

“(b) the Mayor’s Office for Policing and Crime, or”.

(3) In subsection (4) (meaning of local authority), for paragraph (ea) substitute—

“(ea) 5a police and crime commissioner;”.

(4) In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of
Part 3: expenditure grant), in subsection (1) (meaning of local authority), for
paragraph (m) substitute—

“(m) a police and crime commissioner.”.

CHAPTER 4 10Accountability of elected local policing bodies

Scrutiny of police and crime commissioners

29 Police and crime panels outside London

(1) Each police area, other than the metropolitan police district, is to have a police
and crime panel established and maintained in accordance with Schedule 6
15(police and crime panels).

(2) CORRECTION: the following lines 17 to 19 should be omitted The functions of the police and crime panel for a police area must be exercised
with a view to supporting the effective exercise of the functions of the police
and crime commissioner for that police area.

(3) A police and crime panel must—

(a) 20review the draft police and crime plan, or draft variation, given to the
panel by the relevant police and crime commissioner in accordance
with section 6(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the
commissioner.

(4) 25A police and crime panel must—

(a) arrange for a public meeting of the panel to be held as soon as
practicable after the panel is sent an annual report under section 13,

(b) ask the police and crime commissioner, at that meeting, such questions
about the annual report as the members of the panel think appropriate,

(c) 30review the annual report, and

(d) make a report or recommendations on the annual report to the
commissioner.

(5) A police and crime panel has the functions conferred by Schedules 1
(procedure for appointments of senior staff), 5 (issuing precepts) and 8
35(procedure for appointments by police and crime commissioners).

(6) A police and crime panel must—

(a) review or scrutinise decisions made, or other action taken, by the
relevant police and crime commissioner in connection with the
discharge of the commissioner’s functions; and

(b) make reports or recommendations to the relevant police and crime
commissioner with respect to the discharge of the commissioner’s
functions,

insofar as the panel is not otherwise required to do so by subsection (3) or (4)
5or by Schedule 1, 5 or 8.

(7) A police and crime panel must publish any reports or recommendations made
to the relevant police and crime commissioner.

(8) The police and crime panel for a police area in England must send copies of any
such reports or recommendations to each local authority whose area falls
10wholly or partly within the police area.

(9) It is for the police and crime panel to determine the manner in which reports or
recommendations are to be published in accordance with subsection (7).

(10) Schedule 6 (police and crime panels) has effect.

(11) In this section “local authority” means a county council or a district council.

30 15Power to require attendance and information

(1) A police and crime panel may require the relevant police and crime
commissioner, and members of that commissioner’s staff, to attend before the
panel (at reasonable notice) to answer any question which appears to the panel
to be necessary in order for it to carry out its functions.

(2) 20Nothing in subsection (1) requires a member of the police and crime
commissioner’s staff to give any evidence, or produce any document, which
discloses advice given to the commissioner by that person.

(3) A police and crime panel may require the relevant police and crime
commissioner to respond in writing (within a reasonable period determined by
25the panel) to any report or recommendation made by the panel to the
commissioner.

(4) The police and crime commissioner must comply with any requirement
imposed by the panel under subsection (1) or (3).

(5) Members of the staff of the police and crime commissioner must comply with
30any requirement imposed on them under subsection (1).

(6) If a police and crime panel requires the relevant police and crime commissioner
to attend before the panel, the panel may (at reasonable notice) request the
relevant chief constable to attend before the panel on the same occasion to
answer any question which appears to the panel to be necessary in order for it
35to carry out its functions.

31 Suspension of police and crime commissioner

(1) A police and crime panel may suspend the relevant police and crime
commissioner if it appears to the panel that—

(a) the commissioner has been charged in the United Kingdom, the
40Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment
exceeding two years.

(2) The suspension of the police and crime commissioner ceases to have effect
upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the police and crime commissioner being acquitted of the offence;

(c) 5the police and crime commissioner being convicted of the offence but
not being disqualified under section 67 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during
a period of suspension, the police and crime commissioner is to be treated as
10not holding that office during that suspension.

(4) In this section references to an offence which carries a maximum term of
imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a
person who has attained the age of 18 years, or

(b) 15to an offence for which, in the case of such a person, the sentence is
fixed by law as life imprisonment.

Conduct

32 Conduct

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

(a) 20the making and handling of complaints about the conduct of relevant
office holders (“qualifying complaints”);

(b) the recording of matters in the case of which there is an indication
(whether from the circumstances or otherwise) that a relevant office
holder may have committed a criminal offence (“conduct matters”);

(c) 25the manner in which qualifying complaints and conduct matters are
investigated or otherwise dealt with.

(2) Schedule 7 (regulations about complaints and conduct matters) has effect.

(3) In this section and that Schedule “relevant officer holder” means the holder of
any of the following offices—

(a) 30police and crime commissioner;

(b) deputy police and crime commissioner;

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

(d) Deputy Mayor for Policing and Crime.

Scrutiny of Mayor’s Office for Policing and Crime

33 35London Assembly police and crime panel

(1) The London Assembly must arrange for the functions referred to in subsection
(2) to be discharged on its behalf by a particular committee of the Assembly
(the “police and crime panel”).

(2) Those functions (“the police and crime panel functions”) are—

(a) 40the functions conferred on the Assembly by section 34;

(b) the functions conferred on the Assembly by section 60A of, and
Schedule 4A to, the 1999 Act in relation to the appointment of the

Deputy Mayor for Policing and Crime by the Mayor’s Office for
Policing and Crime.

(3) The London Assembly may not arrange for the police and crime panel
functions to be discharged on its behalf otherwise than in accordance with
5subsection (1).

(4) The London Assembly may not arrange for any of its other functions to be
discharged by the police and crime panel.

(5) The special scrutiny functions may only be exercised at a meeting of the whole
panel; but that is without prejudice to rules of procedure about the quorum of
10a meeting of the whole panel.

(6) The enactments applying to committees of the London Assembly, apart from
the excluded provisions, apply to the police and crime panel as if the police and
crime panel functions were to be discharged by the panel by virtue of
arrangements under section 54(1)(a) of the 1999 Act.

(7) 15In subsection (6), “excluded provisions” means the following provisions of the
1999 Act—

(a) section 54(5), so far as it provides for the London Assembly to retain
power to exercise functions delegated to a committee;

(b) section 55 (Assembly committees and sub-committees).

(8) 20The enactments conferring, or relating to, the police and crime panel functions
are to be read with the appropriate modifications; in particular—

(a) references to the London Assembly are to be read as references to the
police and crime panel; and

(b) references to proceedings of the London Assembly are to be read as
25references to proceedings of the police and crime panel.

(9) For the purposes of subsection (8), references to the police and crime panel
include references to a sub-committee or member (if any) by whom functions
are to be discharged in accordance with section 54(3) of the 1999 Act.

(10) The following provisions apply to the police and crime panel—

(a) 30the number of members of the panel, and their term of office, are to be
fixed by the London Assembly;

(b) persons who are not members of the London Assembly may be
members of the panel.

(11) The following provisions apply to any sub-committee by which police and
35crime panel functions are to be discharged—

(a) the number of members of the sub-committee, and their term of office,
are to be fixed by the police and crime panel;

(b) persons who are not members of the London Assembly may be
members of the sub-committee.

(12) 40The police and crime panel functions must be exercised with a view to
supporting the effective exercise of the functions of the Mayor’s Office for
Policing and Crime.

(13) In this section—

• “1999 Act” means the Greater London Authority Act 1999;

• 45“special scrutiny functions” means the functions conferred—

  (a)

  by section 34(1), or

  Police Reform and Social Responsibility BillPage 26

  (b)

  by section 60A of, and Schedule 4A to, the 1999 Act in relation
  to the appointment of the Deputy Mayor for Policing and Crime
  by the Mayor’s Office for Policing and Crime.

34 Functions to be discharged by police and crime panel

(1) 5The London Assembly must—

(a) review the draft police and crime plan, or draft variation, given to the
Assembly by the Mayor’s Office for Policing and Crime in accordance
with section 7(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the
10Mayor’s Office for Policing and Crime.

(2) The London Assembly must keep under review the exercise of the functions of
the Mayor’s Office for Policing and Crime, insofar as the Assembly is not
otherwise required to do so by the other provisions of this section or by
Schedule 4A to the 1999 Act.

(3) 15For the purposes of subsection (2), the powers of the London Assembly
include, in particular, power to investigate, and prepare reports about—

(a) any actions and decisions of the Mayor’s Office for Policing and Crime;

(b) any actions and decisions of the Deputy Mayor for Policing and Crime;

(c) any actions and decisions of a member of staff of the Mayor’s Office for
20Policing and Crime;

(d) matters relating to the functions of the Mayor’s Office for Policing and
Crime;

(e) matters in relation to which the functions of the Mayor’s Office for
Policing and Crime are exercisable; or

(f) 25any other matters which the Assembly considers to be of importance to
policing and crime reduction in the metropolitan police district.

(4) The London Assembly may submit proposals to the Mayor’s Office for
Policing and Crime.

(5) The London Assembly may require a person referred to in subsection (6)—

(a) 30to attend proceedings of the Assembly for the purpose of giving
evidence, or

(b) to produce to the Assembly documents in the person’s possession or
under the person’s control.

(6) Those persons are—

(a) 35the Deputy Mayor for Policing and Crime;

(b) any member of the staff of the Mayor’s Office for Policing and Crime;

(c) the person who is the occupant of the Mayor’s Office for Policing and
Crime;

(d) any person who has within the 8 years prior to the date of the
40requirement to be imposed under subsection (5) been the Deputy
Mayor for Policing and Crime or the occupant of the Mayor’s Office for
Policing and Crime.

(7) Nothing in subsection (5) requires a member of the staff of the Mayor’s Office
for Policing and Crime to give any evidence, or produce any document, which
45discloses advice given to the Mayor’s Office for Policing and Crime by that
person.

(8) If the London Assembly requires the Deputy Mayor for Policing and Crime, or
the person who is the occupant of the Mayor’s Office for Policing and Crime,
to attend proceedings, the Assembly may (at reasonable notice) request the
Commissioner of Police of the Metropolis to attend proceedings on the same
5occasion for the purpose of giving evidence.

(9) The following provisions of the 1999 Act apply (with appropriate
modifications) to a requirement under subsection (5) as they apply to a
requirement under section 61(1) of the 1999 Act—

(a) section 61(14) (meaning of document etc);

(b) 10section 62(3) to (6) (procedure for requiring attendance);

(c) section 63 (restriction of information);

(d) section 64 (failure to attend proceedings);

(e) section 65 (openness).

(10) In this section “1999 Act” means the Greater London Authority Act 1999.

CHAPTER 5 15Police forces in areas with elected local policing bodies

Chief officers of police

35 Engagement with local people

(1) A chief officer of police must make arrangements for obtaining the views of
persons within each neighbourhood in the relevant police area about crime
20and disorder in that neighbourhood.

(2) A chief officer of police must make arrangements for providing persons within
each neighbourhood in the relevant police area with information about
policing in that neighbourhood (including information about how policing in
that neighbourhood is aimed at dealing with crime and disorder there).

(3) 25Arrangements under this section must provide for, or include arrangements
for, the holding in each neighbourhood of regular meetings between—

(a) persons within that neighbourhood, and

(b) police officers with responsibility for supervising or carrying out
policing in that neighbourhood.

(4) 30It is for a chief officer of police to determine what the neighbourhoods are in
the relevant police area.

36 Value for money

(1) In exercising functions, a chief officer of police must secure that good value for
money is obtained.

(2) 35That includes securing that the persons under the direction and control of the
chief officer of police obtain good value for money in exercising their functions.

37 Information for elected local policing bodies

(1) A chief officer of police must give the relevant elected local policing body such
information on policing matters that the body may require the chief officer to
give.

(2) 5Such information must be in the form (if any) specified by the elected local
policing body.

(3) The elected local policing body may—

(a) arrange for such information to be published, or

(b) require the chief officer of police to arrange for such information to be
10published.

(4) It is for the elected local policing body to determine the manner in which
information is to be published in accordance with subsection (3)(a) or (b).

(5) In this section “policing matters” means matters connected with the policing of
the relevant police area.

38 15Appointment of persons not employed by chief officers of police

(1) This section applies where a chief officer of police is required or authorised by
any Act—

(a) to appoint a person to a specified post in the relevant police force, or a
specified post in the civilian staff of the relevant police force, or

(b) 20to designate a person as having specified duties or responsibilities.

(2) The chief officer of police may appoint or designate a person whether or not the
person is already a member of staff of the police force.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that
is mentioned in subsection (1).

25Police forces outside London

39 Appointment, suspension and removal of chief constables

(1) The police and crime commissioner for a police area is to appoint the chief
constable of the police force for that area.

(2) The police and crime commissioner for a police area may suspend from duty
30the chief constable of the police force for that area.

(3) The police and crime commissioner for a police area may call upon the chief
constable of the police force for that area to resign or retire.

(4) The chief constable must retire or resign if called upon to do so by the relevant
police and crime commissioner in accordance with subsection (3).

(5) 35Schedule 8 (appointment, suspension and removal of senior police officers) has
effect.

(6) This section is subject to Parts 1 and 2 of Schedule 8.

(7) This section and Schedule 8 are subject to regulations under section 50 of the
Police Act 1996.

40 Deputy chief constables

(1) Each police force must have one or more deputy chief constables.

(2) The chief constable of a police force must consult the relevant police and crime
commissioner before increasing the number of deputy chief constables which
5the force has.

(3) The chief constable of a police force must consult the relevant police and crime
commissioner before appointing a person to be a deputy chief constable of the
force.

(4) The chief constable of a police force may suspend from duty a deputy chief
10constable of that police force.

(5) The chief constable of a police force may call upon a deputy chief constable of
that police force to resign or retire.

(6) A deputy chief constable must resign or retire if called upon to do so by the
chief constable in accordance with subsection (5).

(7) 15Subsections (3) to (6) are subject to regulations under section 50 of the Police
Act 1996.

(8) Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and
removal of other senior police officers).

(9) In this section “police force” means the police force for a police area listed in
20Schedule 1 to the Police Act 1996 (police areas outside London).

41 Assistant chief constables

(1) Each police force must have one or more assistant chief constables.

(2) The chief constable of a police force must consult the relevant police and crime
commissioner before appointing a person as an assistant chief constable of the
25force.

(3) The chief constable of a police force may suspend from duty an assistant chief
constable of that police force.

(4) The chief constable of a police force may call upon an assistant chief constable
of that police force to resign or retire.

(5) 30An assistant chief constable must resign or retire if called upon to do so by the
chief constable in accordance with subsection (4).

(6) Subsections (2) to (5) are subject to regulations under section 50 of the Police
Act 1996.

(7) Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and
35removal of other senior police officers).

(8) In this section “police force” means the police force for a police area listed in
Schedule 1 to the Police Act 1996 (police areas outside London).

42 Power of deputy to exercise functions of chief constable

(1) The appropriate deputy chief constable of a police force may exercise or
40perform any or all of the functions of the chief constable of the force—