|
| |
|
(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 |
| |
| 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 |
| |
| 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 |
| |
| 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. |
| |
| |
Suspension and removal of other senior police officers |
| 25 |
| |
17 | In this Part of this Schedule “senior police officer” means— |
| |
(a) | a deputy chief constable, or |
| |
(b) | an assistant chief constable. |
| |
| 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. |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
Supplementary vote system |
| |
| |
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 |
| |
First preference vote and second preference vote |
| |
| |
“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 |
| |
“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. |
| |
|
| |
|
| |
|
(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 |
| |
(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. |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
| |
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 |
|
| |
|
| |
|
(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 |
| |
| |
(2) | For subsection (1)(a), substitute— |
| |
“(a) | provision as to who is to be a police and crime |
| |
| 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 |
| |
| |
| |
(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 |
| |
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 |
| |
| 35 |
(b) | in subsection (2A), omit “or” after paragraph (b), and after paragraph |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(hc) | an order under section 58 of that Act (conduct of elections of |
| |
persons as police and crime commissioners in England and |
| 15 |
| |
12 | In section 8 (powers with respect to elections exercisable only on |
| |
Commission recommendation), in subsection (3), after paragraph (c) |
| |
| |
“(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 |
| |
| 25 |
13 | In section 9A (setting of performance standards), in subsection (6), after |
| |
| |
“(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. |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
(5) | In subsection (1D), in the definition of “crime and disorder scrutiny |
| |
functions”, for “an order under subsection (1A) above” substitute “a |
| |
| |
(6) | After subsection (1D) insert— |
| 35 |
“(1E) | The “relevant local policing body”, in relation to a combined area, |
| |
| |
(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 |
| |
|
| |
|
| |
|
(c) | if the area falls partly within the City of London, the Secretary |
| |
| |
(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 |
| |
| |
(8) | In subsection (5), omit— |
| 10 |
(a) | the word “and” at the end of the definition of “fire and rescue |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(7) | In the case of a combination agreement relating to local government |
| 45 |
| |
|
| |
|