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Regulations about complaints and conduct matters |
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“conduct matter” has the same meaning as in section 31; |
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“police force” means a police force maintained for a police area in |
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England or Wales or any other police force which exercises functions |
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“qualifying complaint” has the same meaning as in section 31; |
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“regulations” means regulations under section 31. |
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(2) | The provisions of this Schedule that confer power to make particular kinds |
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of regulations do not affect the generality of the power conferred by section |
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Investigation of serious complaints and conduct matters |
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2 (1) | This paragraph applies to— |
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(a) | serious complaints, and |
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(2) | Regulations must provide for serious complaints and conduct matters to be |
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(a) | by the Independent Police Complaints Commission, or |
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(b) | by a police force, in an investigation that is under the management of |
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the Independent Police Complaints Commission. |
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(3) | This paragraph does not prevent regulations from making provision about |
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the receipt or initial handling of serious complaints or conduct matters |
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otherwise than by the Independent Police Complaints Commission or a |
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(4) | This paragraph does not prevent regulations from making provision |
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(a) | circumstances in which serious complaints or conduct matters are |
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not to be investigated; and |
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(b) | circumstances in which investigations of serious complaints or |
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conduct matters are to be discontinued; |
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| including provision about the determination of such matters (whether by |
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the Independent Police Complaints Commissioner, a police force or |
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(5) | Regulations may make provision about what is to be taken to be a criminal |
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offence, or other corrupt behaviour, for these purposes. |
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(6) | In this paragraph “serious complaint” means a qualifying complaint made |
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about conduct which constitutes or involves, or appears to constitute or |
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(a) | the commission of a criminal offence, or |
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(b) | other corrupt behaviour. |
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Resolution of other complaints |
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3 (1) | This paragraph applies in relation to qualifying complaints which are not, or |
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cease to be, investigated by the Independent Police Complaints Commission |
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(a) | may not provide for the investigation of such complaints; but |
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(b) | must provide for police and crime panels to engage in informal |
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resolution of such complaints. |
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(3) | This paragraph does not prevent regulations from making provision about |
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the receipt or initial handling of qualifying complaints otherwise than by |
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(4) | This paragraph does not prevent regulations from making provision |
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(a) | circumstances in which police and crime panels are not required to |
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engage in informal resolution of such complaints; and |
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(b) | circumstances in which informal resolution of such complaints is to |
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| including provision about the determination of such matters (whether by |
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police and crime panels or otherwise). |
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(a) | references to engaging in informal resolution of a complaint are |
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references to encouraging, facilitating, or otherwise assisting in, the |
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resolution of the complaint otherwise than by legal proceedings; and |
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(b) | references to informal resolution of a complaint are to be construed |
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4 (1) | Regulations may confer functions on— |
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(a) | the Independent Police Complaints Commission, |
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(c) | police and crime panels, |
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(d) | the Secretary of State, or |
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(2) | That includes functions involving the exercise of a discretion. |
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No power to terminate holding of office or employment |
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5 | Regulations may not provide for a police and crime commissioner— |
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(a) | to cease to hold office, or |
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(b) | to be required to cease to hold office. |
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Application and amendment of other enactments |
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6 (1) | Regulations may apply (with or without modifications), or amend or |
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otherwise modify, Part 2 of the Police Reform Act 2002. |
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(2) | Regulations may apply (with or without modifications) such other |
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enactments, or make such amendments or other modifications of other |
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|
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enactments, as appear to the Secretary of State to be necessary or expedient |
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in connection with, or in consequence of, regulations. |
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Appointment, suspension and removal of senior police officers |
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Appointment of chief constables |
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1 | A police and crime commissioner must comply with this Part of this |
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Schedule in appointing a chief constable under section 38. |
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No appointment until end of confirmation process |
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2 (1) | A police and crime commissioner must not appoint a constable to be chief |
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constable until the end of the confirmation process has been reached. |
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(2) | The end of the confirmation process is reached— |
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(a) | in a case where paragraph 7 applies, when the first of the events |
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mentioned in sub-paragraphs (3) and (4) occurs; or |
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(b) | in a case where paragraph 8 applies, when the first of the events |
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mentioned in sub-paragraphs (3) and (5) occurs. |
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(3) | The first event mentioned in sub-paragraphs (2)(a) and (2)(b) is the period of |
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three weeks mentioned in paragraph 4(6) ending without the relevant police |
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and crime panel having given the police and crime commissioner any report |
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on the proposed appointment. |
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(4) | The second event mentioned in sub-paragraph (2)(a) is the police and crime |
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commissioner notifying the panel under paragraph 7(3) of the decision |
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whether or not to accept the panel’s recommendation in relation to the |
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(5) | The second event mentioned in sub-paragraph (2)(b) is the end of the |
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confirmation process being reached in accordance with regulations under |
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Notification of proposed appointment |
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3 (1) | A police and crime commissioner must notify the relevant police and crime |
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panel of each proposed appointment of a chief constable by the |
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(2) | In such a case, the police and crime commissioner must also notify the |
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relevant police and crime panel of the following information— |
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(a) | the name of the constable whom the commissioner is proposing to |
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appoint (“the candidate”); |
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(b) | the criteria used to assess the suitability of the candidate for the |
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(c) | why the candidate satisfies those criteria; and |
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(d) | the terms and conditions on which the candidate is to be appointed. |
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Panel to review and report on proposed appointment |
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4 (1) | This paragraph applies if a police and crime panel is notified under |
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paragraph 3 of a proposed appointment of a chief constable. |
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(2) | The panel must review the proposed appointment. |
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(3) | The panel must make a report to the commissioner on the proposed |
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(4) | The report must include a recommendation to the police and crime |
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commissioner as to whether or not the candidate should be appointed. |
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(5) | Sub-paragraph (4) does not apply if the panel vetoes the proposed |
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appointment under paragraph 5 (but see paragraph 5(2)). |
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(6) | The panel must comply with sub-paragraphs (2) and (3), and sub-paragraph |
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(4) (if applicable), within the period of three weeks beginning with the day |
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on which the panel receives the notification from the commissioner of the |
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(7) | The panel must publish the report to the commissioner made under this |
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(8) | It is for the panel to determine the manner in which the recommendation is |
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to be published in accordance with sub-paragraph (7). |
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(9) | In calculating the period of three weeks for the purpose of sub-paragraph |
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(6), any relevant post-election period is to be ignored. |
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(10) | For that purpose, “relevant post-election period” means the period that— |
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(a) | begins with the day of the poll at an ordinary election of a police and |
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crime commissioner under section 50, and |
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(b) | ends with the day on which the person elected as police and crime |
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commissioner delivers a declaration of acceptance of office under |
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Power to veto proposed appointment |
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5 (1) | The police and crime panel may, having reviewed the proposed |
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appointment, veto the appointment of the candidate. |
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(2) | If the panel vetoes the appointment of the candidate, the report made under |
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paragraph 4 must include a statement that the panel has vetoed it. |
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(3) | References in this Schedule to a police and crime panel vetoing the |
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appointment of a candidate are references to the panel making a decision, by |
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the required majority, that the candidate should not be appointed as chief |
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(4) | For that purpose, the panel makes that decision by the required majority if |
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at least three-quarters of the persons who are members of the panel at the |
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time when the decision is made vote in favour of making that decision. |
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(5) | The power conferred by this paragraph is exercisable in relation to a |
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proposed appointment only during the period of three weeks mentioned in |
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|
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|
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6 (1) | A police and crime panel must hold a confirmation hearing— |
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(a) | before making a report under paragraph 4 to the police and crime |
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commissioner in relation to a proposed appointment of a chief |
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(b) | before making a recommendation under paragraph 4 (where |
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applicable) or vetoing an appointment under paragraph 5 (where |
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(2) | For the purposes of this Part a “confirmation hearing” is a meeting of the |
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panel, held in public, at which the candidate is requested to appear for the |
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purpose of answering questions relating to the appointment. |
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(3) | References in this Part to a person appearing at a meeting of the panel are |
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references to the person— |
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(a) | attending the meeting in person, or |
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(b) | not attending the meeting in person, but participating in the |
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proceedings at the meeting by any means that enable the person to |
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hear, and be heard in, those proceedings as they happen. |
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7 (1) | This paragraph applies if the police and crime panel does not veto the |
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appointment of a candidate. |
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(2) | The police and crime commissioner may accept or reject the panel’s |
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recommendation as to whether or not the candidate should be appointed. |
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(3) | The police and crime commissioner must notify the panel of the decision |
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whether to accept or reject the recommendation. |
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8 (1) | This paragraph applies if the police and crime panel vetoes the appointment |
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(2) | The police and crime commissioner must not appoint that candidate as chief |
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(3) | Sub-paragraph (2) is subject to regulations under paragraph 10. |
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9 (1) | The Secretary of State may make regulations about— |
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(a) | the steps that are required to be taken by paragraphs 3 to 8, and |
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(b) | procedures that are to be followed in taking such steps. |
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(2) | The regulations may, in particular, make provision about the time limits |
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applicable in taking steps or following procedures (if, or to the extent that, |
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this Part of this Schedule does not make such provision). |
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10 (1) | The Secretary of State may make regulations about the appointment of chief |
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constables in cases where paragraph 8 applies in relation to the appointment |
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of a candidate (the “rejected candidate”). |
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(2) | The regulations may make provision about— |
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|
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|
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(a) | steps to be taken, and |
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(b) | procedures to be followed. |
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(3) | That includes provision about the time limits applicable in taking steps or |
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(4) | The regulations may make provision about limits on who may be considered |
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(5) | That includes provision about limiting consideration for appointment to |
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some or all of the persons already considered as part of the process by which |
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the rejected candidate was selected for appointment. |
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(6) | The regulations may confer functions on— |
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(a) | police and crime commissioners, |
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(b) | police and crime panels, |
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(c) | the Secretary of State, or |
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(7) | That includes functions involving the exercise of a discretion. |
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(8) | Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph |
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Suspension and removal of chief constables |
| |
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11 | If a police and crime commissioner suspends a chief constable from duty |
| |
under section 38, the commissioner must notify the relevant police and |
| |
crime panel of the suspension. |
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12 (1) | A police and crime commissioner must not call upon a chief constable to |
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retire or resign until the end of the scrutiny process has been reached. |
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(2) | The end of the scrutiny process is reached when the first of the following |
| |
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(a) | the period of six weeks mentioned in paragraph 15(3) has ended |
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without the panel having given the police and crime commissioner |
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any recommendation as to whether or not the commissioner should |
| |
call for the retirement or resignation; |
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(b) | the police and crime commissioner notifies the panel under |
| |
paragraph 16(2) of the decision whether or not to accept the panel’s |
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recommendation in relation to the resignation or retirement. |
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Removal: notification and representations |
| |
13 (1) | A police and crime commissioner must comply with this paragraph before |
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calling upon a chief constable to retire or resign under section 38. |
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(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 |
| 40 |
retirement or resignation. |
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|
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|
| |
|
(3) | The police and crime commissioner must give the relevant police and crime |
| |
| |
(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 |
| 5 |
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(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— |
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(a) | consider any written representations made by the chief constable; |
| |
| |
(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 38. |
| |
(2) | The police and crime commissioner must notify— |
| 20 |
(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 |
| |
| |
| 25 |
15 (1) | This paragraph applies if a police and crime panel is given a notification |
| |
| |
(2) | The panel must make a recommendation to the police and crime |
| |
commissioner as to whether or not the commissioner should call for the |
| |
retirement or resignation. |
| 30 |
(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) | may consult the chief inspector of constabulary, and |
| 35 |
(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) | In calculating the period of six weeks mentioned in sub-paragraph (3), any |
| 40 |
relevant post-election period is to be ignored. |
| |
(8) | For that purpose, “relevant post-election period” means the period that— |
| |
|
| |
|