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20 | Deputy Mayor for Policing and Crime: confirmation hearings |
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(1) | The Greater London Authority Act 1999 is amended in accordance with this |
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(2) | In section 60A (confirmation hearings etc for certain appointments by the |
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| 5 |
(a) | in the title, at the end insert “or Mayor’s Office for Policing and |
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(b) | in subsection (3), omit the entry relating to the chairman and vice |
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chairman of the Metropolitan Police Authority; |
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(c) | for subsection (4) substitute— |
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“(4) | This section also applies in any case where the Mayor’s Office |
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for Policing and Crime proposes to make an appointment, |
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under section 19 of the Police Reform and Social Responsibility |
| |
Act 2011, of a person to be the Deputy Mayor for Policing and |
| |
| 15 |
(3) | In Schedule 4A (confirmation hearings etc), in paragraph 1 (application of |
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Schedule), after sub-paragraph (2) insert— |
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“(3) | This Schedule also has effect where the Mayor’s Office for Policing |
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and Crime proposes to make an appointment, under section 19 of the |
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Police Reform and Social Responsibility Act 2011, of a person to be |
| 20 |
the Deputy Mayor for Policing and Crime. |
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(4) | In the application of this Schedule in relation to such an |
| |
appointment, references to the Mayor are to be read as references to |
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the Mayor’s Office for Policing and Crime. |
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(5) | Paragraph 9 does not apply in relation to such an appointment (but |
| 25 |
see section 32 of the Police Reform and Social Responsibility Act |
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(1) | Each elected local policing body must keep a fund to be known as the police |
| 30 |
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(2) | All of an elected local policing body’s receipts must be paid into the relevant |
| |
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(3) | All of an elected local policing body’s expenditure must be paid out of the |
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| 35 |
(4) | An elected local policing body must keep accounts of payments made into or |
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out of the relevant police fund. |
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(5) | Subsections (2) and (3) are subject to any regulations under the Police Pensions |
| |
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(6) | In this section “relevant police fund”, in relation to an elected local policing |
| 40 |
body, means the police fund which that body keeps. |
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|
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|
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|
22 | Minimum budget for police and crime commissioner |
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(1) | Section 41 of the Police Act 1996 (directions as to minimum budget) is amended |
| |
| |
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(a) | for “a police authority established under section 3” substitute “a police |
| 5 |
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(b) | for “the authority” substitute “the commissioner”; |
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(c) | for “its budget requirement” substitute “the commissioner’s budget |
| |
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(3) | After subsection (1) insert— |
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“(1A) | But the Secretary of State may not give a direction to the police and |
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crime commissioner for a police area by virtue of subsection (1) unless |
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the Secretary of State is satisfied that it is necessary to give the direction |
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in order to prevent the safety of people in that police area from being |
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| 15 |
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(a) | for “a police authority” substitute “a police and crime commissioner”; |
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(b) | for “the authority” substitute “the commissioner”. |
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23 | Minimum budget for Mayor’s Office for Policing and Crime |
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(1) | The Greater London Authority Act 1999 is amended as follows. |
| 20 |
(2) | Section 95 (minimum budget for Metropolitan Police Authority) is amended in |
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accordance with subsections (3) to (7). |
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(3) | In the title, for “Metropolitan Police Authority” substitute “Mayor’s Office |
| |
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(4) | In subsection (1), for “Metropolitan Police Authority” substitute “Mayor’s |
| 25 |
Office for Policing and Crime”; |
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(5) | In subsection (2), for “Metropolitan Police Authority” substitute “Mayor’s |
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Office for Policing and Crime”. |
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(6) | After subsection (2) insert— |
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“(2A) | But the Secretary of State may not give a direction to the Authority by |
| 30 |
virtue of subsection (2) unless the Secretary of State is satisfied that it is |
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necessary to give the direction in order to prevent the safety of people |
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in the metropolitan police district from being put at risk.”. |
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(7) | In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each |
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place) substitute “Mayor’s Office for Policing and Crime”. |
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(8) | In section 96 (provisions supplemental to section 95), in subsection (6), for |
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“Metropolitan Police Authority” substitute “Mayor’s Office for Policing and |
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| |
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(1) | Section 46 of the Police Act 1996 (police grant) is amended as follows. |
| 40 |
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|
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|
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|
(a) | for paragraph (a) substitute— |
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“(a) | police and crime commissioners, and”; |
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(b) | in the words after paragraph (b), for “police authorities” substitute “police and |
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(3) | In subsection (2)(b), for “authority” substitute “commissioner”. |
| 5 |
(4) | In subsection (4), for “police authorities” substitute “commissioners”. |
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(5) | In subsection (5), for “different authorities or different classes of authority” substitute |
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“different commissioners or different classes of commissioner”. |
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(6) | In subsection (7), for “police authority” substitute “police and crime commissioner”. |
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(a) | for “Metropolitan Police Authority” substitute “Mayor’s Office for Policing |
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(b) | for “that Authority” substitute “that Office”. |
| |
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(a) | for “an authority’s” substitute “a commissioner’s”; |
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(b) | for “the authority” substitute “the commissioner”; |
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(c) | for “an authority” substitute “a commissioner”. |
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(9) | In subsection (9), for “Metropolitan Police Authority” substitute “Mayor’s Office for |
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25 | Other grants etc under Police Act 1996 |
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(1) | The Police Act 1996 is amended as follows. |
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(2) | In section 47 (grants for capital expenditure)— |
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(a) | for subsection (1)(a) and (b) substitute— |
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“(a) | police and crime commissioners, and |
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(b) | the Mayor’s Office for Policing and Crime.”; |
| 25 |
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(i) | for “Metropolitan Police Authority” substitute “Mayor’s Office for |
| |
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(ii) | for “that Authority” substitute “that Office”. |
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(3) | In section 48 (grants for expenditure on safeguarding national security)— |
| 30 |
(a) | for subsection (1)(a) and (b) substitute— |
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“(a) | police and crime commissioners, and |
| |
(b) | the Mayor’s Office for Policing and Crime, |
| |
| in connection with safeguarding national security.”; |
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(i) | for “Metropolitan Police Authority” substitute “Mayor’s Office for |
| |
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(ii) | for “that Authority” substitute “that Office”. |
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(4) | In section 92 (grants by local authorities)— |
| |
(a) | in subsection (1), for “police authority established under section 3” |
| 40 |
substitute “police and crime commissioner”; |
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(b) | in subsection (2), for “Metropolitan Police Authority” substitute |
| |
“Mayor’s Office for Policing and Crime”. |
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|
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|
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|
(5) | In section 93 (acceptance of gifts or loans)— |
| |
(a) | in subsection (1), for “police authority” substitute “local policing body”; |
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(i) | for “police authority” substitute “local policing body”; and |
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(ii) | for “maintained by it” substitute “for which it is responsible”. |
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(6) | Section 94 (financing of new police authorities) is amended as follows. |
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(7) | In the title, for “police authorities” substitute “police and crime |
| |
| |
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(a) | for “police authority established under section 3” substitute “police and crime |
| 10 |
| |
(b) | for “it” substitute “the commissioner”. |
| |
| |
(a) | for “police authority established under section 3” substitute “police and crime |
| |
| 15 |
(b) | for “it” substitute “the commissioner”; |
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(c) | for “its” (in both places) substitute “the commissioner’s”. |
| |
| |
(a) | for “an authority” substitute “a commissioner”; |
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(b) | for “its” substitute “the commissioner’s”. |
| 20 |
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(a) | for “a police authority” substitute “a police and crime commissioner”; |
| |
(b) | for “it” (in both places) substitute “the commissioner”. |
| |
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(1) | The Local Government Finance Act 1992 is amended in accordance with |
| 25 |
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(2) | In section 39 (precepting and precepted authorities), in subsection (1) (major |
| |
precepting authorities), for paragraph (b) substitute— |
| |
“(b) | a police and crime commissioner;”. |
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(3) | In section 65 (duty to consult ratepayers), in subsection (3) (definition of |
| 30 |
relevant authority), after “major precepting authority” insert “, apart from a |
| |
police and crime commissioner”. |
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(4) | Schedule 5 (issuing precepts) has effect. |
| |
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(1) | Section 155 of the Local Government and Housing Act 1989 (emergency financial |
| 35 |
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”. |
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(3) | In subsection (4) (meaning of local authority), for paragraph (ea) substitute— |
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“(ea) | a police and crime commissioner;”. |
| 40 |
|
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|
| |
|
(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) |
| |
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“(m) | a police and crime commissioner.”. |
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| 5 |
Accountability of elected local policing bodies |
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Scrutiny of police and crime commissioners |
| |
28 | Police and crime panels of local authorities |
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(1) | The local authority, or local authorities, covered by a police area must establish |
| |
a police and crime panel for that police area. |
| 10 |
(2) | A police and crime panel must— |
| |
(a) | review the draft police and crime plan, or draft variations, given to the |
| |
panel by the relevant police and crime commissioner in accordance |
| |
with section 5(6)(c), and |
| |
(b) | make a report or recommendations on the draft plan or variations to the |
| 15 |
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(3) | A 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 12, |
| |
(b) | ask the elected local policing body, at that meeting, such questions |
| 20 |
about the annual report as the members of the panel think appropriate, |
| |
(c) | review the annual report, and |
| |
(d) | make a report or recommendations on the annual report to the |
| |
| |
(4) | A police and crime panel has the functions conferred by Schedules 5 (issuing |
| 25 |
precepts) and 8 (procedure for appointments by police and crime |
| |
| |
(5) | 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 |
| 30 |
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 |
| |
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| insofar as the panel is not otherwise required to do so by subsections (2) or (3) |
| 35 |
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(6) | A police and crime panel must— |
| |
(a) | publish any reports or recommendations made to the relevant police |
| |
and crime commissioner, and |
| |
(b) | send copies of any such reports or recommendations made under any |
| 40 |
of subsections (2) to (4) to the local authority or local authorities |
| |
covered by the relevant police area. |
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|
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|
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|
(7) | 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 (6)(a). |
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(8) | Schedule 6 (police and crime panels) has effect. |
| |
(9) | A reference in this section to a local authority covered by a police area is a |
| |
reference to a local authority whose area falls wholly or partly within the police |
| 5 |
| |
| |
| |
(a) | in relation to England, a county council or a district council; |
| |
(b) | in relation to Wales, a county council or a county borough |
| 10 |
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“police area” means a police area listed in Schedule 1 to the Police Act 1996 |
| |
(police areas outside London). |
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29 | Power to require attendance and information |
| |
(1) | A police and crime panel may require the relevant police and crime |
| 15 |
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) | A police and crime panel may require the relevant police and crime |
| |
commissioner to respond in writing (within a reasonable period determined by |
| 20 |
the panel) to any report or recommendation made by the panel to the |
| |
| |
(3) | The police and crime commissioner must comply with any requirement |
| |
imposed by the panel under subsection (1) or (2). |
| |
(4) | Members of the staff of the police and crime commissioner must comply with |
| 25 |
any requirement imposed on them under subsection (1). |
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30 | 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 |
| 30 |
Channel Islands or the Isle of Man with an offence, and |
| |
(b) | the offence is one which carries a maximum term of imprisonment |
| |
| |
(2) | The suspension of the police and crime commissioner ceases to have effect |
| |
upon the occurrence of the earliest of these events— |
| 35 |
(a) | the charge being dropped; |
| |
(b) | the police and crime commissioner being acquitted of the offence; |
| |
(c) | the 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. |
| 40 |
(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 |
| |
not holding that office during that suspension. |
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|
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|
| |
|
(4) | In this section references to an offence which carries a maximum term of |
| |
imprisonment of two years or more 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) | to an offence for which, in the case of such a person, the sentence is |
| 5 |
fixed by law as life imprisonment. |
| |
Conduct of police and crime commissioners |
| |
31 | Conduct of commissioners |
| |
(1) | The Secretary of State may, by regulations, make provision about— |
| |
(a) | the making and handling of complaints about the conduct of police and |
| 10 |
crime commissioners (“qualifying complaints”); |
| |
(b) | the recording of matters in the case of which there is an indication |
| |
(whether from the circumstances or otherwise) that a police and crime |
| |
commissioner may have committed a criminal offence or engaged in |
| |
other corrupt behaviour (“conduct matters”); |
| 15 |
(c) | the 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. |
| |
Scrutiny of Mayor’s Office for Policing and Crime |
| |
32 | London Assembly police and crime panel |
| 20 |
(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) | the functions conferred on the Assembly by section 33; |
| 25 |
(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 |
| |
| |
(3) | The London Assembly may not arrange for the police and crime panel |
| 30 |
functions to be discharged on its behalf otherwise than in accordance with |
| |
| |
(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 |
| 35 |
panel; but that is without prejudice to rules of procedure about the quorum of |
| |
a meeting of the whole panel. |
| |
(6) | The enactments applying to committees of the Greater London Authority, |
| |
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 |
| 40 |
virtue of arrangements under section 54(1)(a) of the 1999 Act. |
| |
|
| |
|