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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 3 — Suspension and removal of other senior police officers

128

 

(a)   

begins with the day of the poll at an ordinary election of a police and

crime commissioner under section 50, and

(b)   

ends with the day on which the person elected as police and crime

commissioner delivers a declaration of acceptance of office under

section 71.

5

      (9)  

For the purposes of this Part a “scrutiny hearing” is a meeting of the panel,

held in private, at which the police and crime commissioner or chief

constable is, or both of them are, requested to appear for the purpose of

answering questions relating to the proposal to call upon the chief constable

to retire or resign.

10

     (10)  

References in this Part to a person appearing at a meeting of the panel are

references to the person—

(a)   

attending the meeting in person, or

(b)   

not attending the meeting in person, but participating in the

proceedings at the meeting by any means that enable the person to

15

hear, and be heard in, those proceedings as they happen.

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

20

(b)   

having 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

25

Senior 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

30

18         

If a chief constable suspends a senior police from duty under section 39 or

40, 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

35

senior police officer to retire or resign under section 39 or 40.

      (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.

 
 

Police Reform and Social Responsibility Bill
Schedule 9 — Supplementary vote system

129

 

      (3)  

The chief constable must give the senior police officer the opportunity to

make 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.

5

20    (1)  

This paragraph applies if, after complying with paragraph 19, the chief

constable is still proposing to call upon the senior police officer to retire or

resign under section 39 or 40.

      (2)  

Before calling for the retirement or resignation, the chief constable must

consult the relevant police and crime commissioner.

10

Schedule 9

Section 57

 

Supplementary vote system

Application

1          

This Schedule applies to an election under Chapter 6 of Part 1 of a police and

crime commissioner for a police area at which there are three or more

15

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

indicate a first preference from among the candidates to be the police

20

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.

Candidate with overall majority of first preference votes

25

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)  

If none of the candidates to be the police and crime commissioner receives

30

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)  

If, by reason of an equality of first preference votes, three or more candidates

35

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.

 
 

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments

130

 

      (5)  

The number of second preference votes given in the police area for each of

the 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

5

candidate.

      (7)  

The 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

10

candidates remaining in the contest each have the greatest total number of

preference votes, the police area returning officer must decide by lots which

of them is to be returned as the police and crime commissioner.

Schedule 10

Section 76

 

Elections of police and crime commissioners: consequential amendments

15

Local Government Act 1972

1          

The Local Government Act 1972 is amended as follows.

2          

In 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

20

makes provision altering any police areas may make provision as to

who is to be a police and crime commissioner, including—

(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;

25

(b)   

provision for the holding of an election for the police and

crime commissioner for any police area resulting from the

order.

(5B)   

Such an order which includes provision within subsection (5A)(b)

may, in particular, require the election in question to be held before

30

the alteration of police areas takes effect.”

Representation of the People Act 1983

3          

In 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

35

(g)   

elections of police and crime commissioners in England and

Wales.”

Police 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.

40

 
 

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments

131

 

      (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

England 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”.

5

7     (1)  

Section 34 (orders altering police areas: supplementary provisions) is

amended as follows.

      (2)  

For subsection (1)(a), substitute—

“(a)   

provision as to who is to be a police and crime

commissioner;”.

10

      (3)  

After subsection (1) insert—

“(1A)   

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

(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;

15

(b)   

provision for the holding of an election for the police and

crime commissioner for any police area resulting from the

order.”

      (4)  

In subsection (2)—

(a)   

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

20

(b)   

after paragraph (b) insert “and

“(c)   

to 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—

25

“(2A)   

An order under section 32 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.”

Political Parties, Elections and Referendums Act 2000

8          

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

30

follows.

9          

In section 5 (reports on elections and referendums)—

(a)   

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

“(f)   

an ordinary election of police and crime

commissioners.”;

35

(b)   

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

(c) insert “or

(d)   

an election held under section 51 of the Police Reform

and Social Responsibility Act 2011 (election to fill

vacancy in office of police and crime commissioner),”.

40

10         

In section 6A (attendance of representatives of Commission at elections), in

 
 

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments

132

 

subsection (5), after paragraph (d) insert—

“(da)   

an election under section 51 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

5

subsection (2), after paragraph (h) insert—

“(ha)   

an order under subsection (1)(b) of section 54 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);

10

(hb)   

regulations under subsection (2) of that section (functions of

returning officers and local returning officers for such

elections);

(hc)   

an order under section 58 of that Act (conduct of elections of

persons as police and crime commissioners in England and

15

Wales);”.

12         

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

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

insert—

“(d)   

the making of orders under section 58 of the Police Reform

20

and Social Responsibility Act 2011 so far as relating to the

matters 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).”

25

13         

In section 9A (setting of performance standards), in subsection (6), after

paragraph (d) insert—

“(da)   

an election under section 51 of the Police Reform and Social

Responsibility Act 2011 (election to fill vacancy in office of

police and crime commissioner);”.

30

14         

In section 22 (parties to be registered in order to field candidates at

elections), 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

35

2007 (structural and boundary change in England: incidental etc provision

in 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”;

40

(b)   

after paragraph (f) insert—

“(fa)   

as 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

45

area affected by an order by virtue of provision made under

 
 

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies

133

 

section 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.”

5

      (4)  

After 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.”

10

Schedule 11

Section 89

 

Crime and disorder strategies

1          

The Crime and Disorder Act 1998 is amended as follows.

2     (1)  

Section 5 (authorities responsible for strategies) is amended as follows.

      (2)  

Omit subsection (1)(c).

15

      (3)  

For subsections (1A) and (1B) substitute—

“(1A)   

The relevant local policing body in relation to two or more local

government areas may make a combination agreement with the

responsible authorities in relation to those areas (the “combined

area”).

20

(1B)   

A combination agreement is an agreement for the functions

conferred by or under section 6 or by section 7 to be carried out in

relation to the combined area as if it constituted only one local

government area.

(1BA)   

The responsible authorities in relation to a combined area are all the

25

persons who are the responsible authorities in relation to each local

government area that falls within the combined area.

(1BB)   

Section 5A contains further provision about the making and contents

of combination agreements.”.

      (4)  

In subsection (1C) for “An order under subsection (1A) above” substitute “A

30

combination agreement”.

      (5)  

In subsection (1D), in the definition of “crime and disorder scrutiny

functions”, for “an order under subsection (1A) above” substitute “a

combination agreement”.

      (6)  

After subsection (1D) insert—

35

“(1E)   

The “relevant local policing body”, in relation to a combined area,

is—

(a)   

if the area falls (wholly or partly) within the police area of a

police and crime commissioner, the commissioner,

(b)   

if the area falls (wholly or partly) within the metropolitan

40

police district, the Mayor’s Office for Policing and Crime, and

 
 

Police Reform and Social Responsibility Bill
Schedule 11 — Crime and disorder strategies

134

 

(c)   

if the area falls partly within the City of London, the Secretary

of State.

(1F)   

If there is more than one relevant local policing body in relation to a

combined area by virtue of subsection (1E), the references in

subsection (1A) above and section 5A(2) to the relevant local policing

5

body in relation to the combined area are references to each of the

relevant local policing bodies for that area acting jointly.”.

      (7)  

In subsection (2) for “those functions” substitute “the functions conferred by

or under section 6”.

      (8)  

In subsection (5), omit—

10

(a)   

the word “and” at the end of the definition of “fire and rescue

authority”, and

(b)   

the definition of “police authority”.

3          

After section 5 insert—

“5A     

Combination agreements: further provision

15

(1)   

A combination agreement for a combined area may only be made if

every responsible authority in relation to that area is a party to the

agreement.

(2)   

The relevant local policing body for a combined area may enter into

a combination agreement for that area only if it considers that it

20

would be in the interests of one or more of the following to do so—

(a)   

reducing crime and disorder;

(b)   

reducing re-offending;

(c)   

combating the misuse of drugs, alcohol and other substances.

(3)   

Subsections (4) to (6) apply if a combined area in relation to a

25

combination agreement includes (wholly or party) the area of more

than one police area.

(4)   

The combination agreement must include arrangements for securing

effective and efficient co-operation—

(a)   

between each of the relevant local policing bodies in relation

30

to the combined area, and

(b)   

between the responsible authorities for the area and those

relevant local policing bodies.

(5)   

The Secretary of State must be a party to the agreement (if not

already a party by virtue of being a relevant local policing body in

35

relation to the combined area).

(6)   

The Secretary of State may enter into the agreement only if the

Secretary of State—

(a)   

considers that it would be in the interests of one or more of

the matters mentioned in subsection (2), and

40

(b)   

is satisfied that the arrangements mentioned in subsection (4)

are adequate for the purposes of securing effective and

efficient co-operation in the carrying out of functions under

section 6.

(7)   

In the case of a combination agreement relating to local government

45

areas in Wales—

 
 

 
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