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
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies
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(a)
suspend the Commissioner of Police of the Metropolis from duty, or
(b)
suspend the Deputy Commissioner of Police of the Metropolis from
duty.
(2)
If the Mayor’s Office for Policing and Crime suspends the Commissioner, or
Deputy Commissioner, from duty, that Office must notify the Secretary of State
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of the suspension.
(3)
The Mayor’s Office for Policing and Crime may, subject to subsections (5) and
(6), and with the approval of the Secretary of State—
(a)
call upon the Commissioner of Police of the Metropolis to resign or
retire, or
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(b)
call upon the Deputy Commissioner of Police of the Metropolis to
resign or retire.
(4)
The Commissioner, or Deputy Commissioner, must resign or retire if called
upon to do so in accordance with subsection (3).
(5)
Before calling upon the Commissioner, or Deputy Commissioner, to retire or
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resign, the Mayor’s Office for Policing and Crime must—
(a)
give the police officer a written explanation of the reasons why the
Office is proposing to call for the retirement or resignation;
(b)
give the police officer the opportunity to make written representations
about the proposal to call for the police officer’s resignation or
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retirement; and
(c)
consider any written representations made by the police officer.
(6)
The Mayor’s Office for Policing and Crime must comply with subsection (5)
before seeking the approval of the Secretary of State to call upon the
Commissioner, or Deputy Commissioner, to retire or resign.
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(7)
This section is subject to regulations under section 50 of the Police Act 1996.
(8)
This section is without prejudice to—
(a)
section 42(2);
(b)
section 43(3); or
(c)
regulations under the Police Pensions Act 1976.
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Suspension and removal of other senior metropolitan police officers
(1)
The Commissioner of Police of the Metropolis may suspend a senior
metropolitan police officer from duty.
(2)
If the Commissioner suspends a senior metropolitan police officer from duty,
the Commissioner must notify the Mayor’s Office for Policing and Crime of the
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suspension.
(3)
The Commissioner of Police of the Metropolis may, subject to subsection (5),
and after consulting the Mayor’s Office for Policing and Crime, call upon a
senior metropolitan police officer to resign or retire.
(4)
A senior metropolitan police officer must resign or retire if called upon to do
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so in accordance with subsection (3).
(5)
Before calling upon a senior metropolitan police officer to retire or resign, the
Commissioner of Police of the Metropolis must—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
31

(a)
give the police officer a written explanation of the reasons why the
Commissioner is proposing to call for the retirement or resignation;
(b)
give the police officer the opportunity to make written representations
about the proposal to call for the police officer’s resignation or
retirement; and
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(c)
consider any written representations made by the police officer.
(6)
This section is subject to regulations under section 50 of the Police Act 1996.
(7)
This section is without prejudice to regulations under the Police Pensions Act
1976.
(8)
In this section “senior metropolitan police officer” means any of the
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following—
(a)
an Assistant Commissioner of Police of the Metropolis;
(b)
a Deputy Assistant Commissioner of Police of the Metropolis;
(c)
a Commander.
Chapter 6
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Police and crime commissioners: elections and vacancies
Holding of elections
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Ordinary elections
(1)
An election of police and crime commissioners for all police areas (an
“ordinary election”) is to be held—
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(a)
in 2012;
(b)
in each subsequent fourth year.
(2)
The poll at an ordinary election of police and crime commissioners in any year
is to be held—
(a)
in England, on the day which is the ordinary day of election in that year
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of councillors for counties in England and districts (see sections 37 and
37A of the Representation of the People Act 1983), and
(b)
in Wales, on the day which is the ordinary day of election in that year
of councillors for counties in Wales and county boroughs (see sections
37 and 37B of that Act).
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(3)
The term of office of a person elected as a police and crime commissioner at an
ordinary election—
(a)
begins with the seventh day after the day of the poll at the election, and
(b)
ends with the sixth day after the day of the poll at the next ordinary
election of police and crime commissioners.
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(4)
Subsection (3) is subject to any provision of or made under this or any other Act
relating to the appointment or election of police and crime commissioners or
their ceasing to hold office.
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Election to fill vacancy in office of commissioner
(1)
This section applies where a vacancy occurs in the office of police and crime
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commissioner for a police area.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
32

(2)
An election must be held to fill the vacancy.
(3)
The police area returning officer must fix the date of the poll at the election.
(4)
The date fixed must be not more than 35 days after the relevant event
(computed in accordance with section 75).
(5)
For the purposes of subsection (4), “the relevant event” means—
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(a)
in a case where the High Court or the appropriate officer has declared
the office to be vacant, the making of that declaration;
(b)
in any other case, the giving of notice of the vacancy to the appropriate
officer by two or more relevant electors.
(6)
For this purpose “relevant elector” means a person who is registered in a
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register of local government electors in respect of an address within the police
area.
(7)
If the vacancy occurs within the period of six months ending with the day of
the poll at the next ordinary election of police and crime commissioners—
(a)
no election is to be held under subsection (2) in respect of the vacancy,
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and
(b)
accordingly, the office is to be left unfilled until that ordinary election.
(8)
The term of office of a person elected as a police and crime commissioner for a
police area at an election to fill a vacancy in the office—
(a)
begins immediately the person is declared to be elected as police and
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crime commissioner for the area;
(b)
ends at the time when it would have ended had the person been elected
at the most recent ordinary election of police and crime commissioners.
(9)
In the case of a vacancy occurring in consequence of the failure of, or other
irregularity in relation to, an election, subsections (3) and (4) have effect subject
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to any provision made by an order under section 58.
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Persons entitled to vote
(1)
A person is entitled to vote as an elector at an election of a police and crime
commissioner for a police area if on the date of the poll—
(a)
the person would be entitled to vote as an elector at a local government
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election in an electoral area wholly or partly comprised in the police
area, and
(b)
the address in respect of which the person is registered in the register
of local government electors for that electoral area is within the police
area.
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(2)
A person is not entitled to vote as an elector more than once in the same police
area at any election of a police and crime commissioner.
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Public awareness about elections: role of Electoral Commission
The Electoral Commission must, in relation to—
(a)
each ordinary election of police and crime commissioners under section
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50,
(b)
each election to fill a vacancy in the office of police and crime
commissioner for a police area under section 51,

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
33

take such steps as it considers appropriate to raise public awareness about the
election and how to vote in it.
Conduct of elections
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Returning officers etc
(1)
The returning officer for an election of a police and crime commissioner for a
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police area (“the police area returning officer”) is to be a person who—
(a)
is an acting returning officer by virtue of section 28(1) of the
Representation of the People Act 1983 (acting returning officer for
parliamentary election) for a constituency falling wholly or partly
within the police area, and
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(b)
is designated for the purposes of this subsection by order of the
Secretary of State.
(2)
The Secretary of State may by regulations confer functions—
(a)
on police area returning officers, and
(b)
on local returning officers.
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(3)
Regulations under subsection (2) may apply or incorporate, with or without
modifications or exceptions, any relevant provision.
(4)
Each relevant local authority must place the services of its officers at the
disposal of any person on whom functions are conferred under subsection (2)
in relation to the police area for the purpose of assisting that person in the
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discharge of those functions.
(5)
In this section—
“local authority” means—
(a)
a district council,
(b)
a county council in England for a county in which there are no
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district councils,
(c)
the Council of the Isles of Scilly,
(d)
a county council or county borough council in Wales;
“local election” means an election of members of a local authority;
“local returning officer” means a person who, by virtue of section 35 of the
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Representation of the People Act 1983, is a returning officer for any
local elections;
“relevant local authority”, in relation to a police area, means a local
authority whose area falls wholly or partly within the police area;
“relevant provision” means any provision (whenever passed or made) of,
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or made under, any of the following—
(a)
the Representation of the People Acts,
(b)
the Local Government Act 1972,
(c)
the Local Government Act 2000,
(d)
the Political Parties, Elections and Referendums Act 2000,
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(e)
the European Parliamentary Elections Act 2002,
(f)
the Government of Wales Act 2006, and
(g)
any other enactment relating to parliamentary elections,
European Parliamentary elections or local government
elections.
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