Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

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—