|
| |
|
(a) | suspend the Commissioner of Police of the Metropolis from duty, or |
| |
(b) | suspend the Deputy Commissioner of Police of the Metropolis from |
| |
| |
(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 |
| 5 |
| |
(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 |
| |
| 10 |
(b) | call upon the Deputy Commissioner of Police of the Metropolis to |
| |
| |
(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 |
| 15 |
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 |
| 20 |
| |
(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. |
| 25 |
(7) | This section is subject to regulations under section 50 of the Police Act 1996. |
| |
(8) | This section is without prejudice to— |
| |
| |
| |
(c) | regulations under the Police Pensions Act 1976. |
| 30 |
49 | 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 |
| 35 |
| |
(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 |
| 40 |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(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 |
| |
| |
(8) | In this section “senior metropolitan police officer” means any of the |
| 10 |
| |
(a) | an Assistant Commissioner of Police of the Metropolis; |
| |
(b) | a Deputy Assistant Commissioner of Police of the Metropolis; |
| |
| |
| 15 |
Police and crime commissioners: elections and vacancies |
| |
| |
| |
(1) | An election of police and crime commissioners for all police areas (an |
| |
“ordinary election”) is to be held— |
| 20 |
| |
(b) | in each subsequent fourth year. |
| |
(2) | The poll at an ordinary election of police and crime commissioners in any year |
| |
| |
(a) | in England, on the day which is the ordinary day of election in that year |
| 25 |
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 |
| |
| 30 |
(3) | The term of office of a person elected as a police and crime commissioner at an |
| |
| |
(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. |
| 35 |
(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. |
| |
51 | Election to fill vacancy in office of commissioner |
| |
(1) | This section applies where a vacancy occurs in the office of police and crime |
| 40 |
commissioner for a police area. |
| |
|
| |
|
| |
|
(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— |
| 5 |
(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 |
| 10 |
register of local government electors in respect of an address within the police |
| |
| |
(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, |
| 15 |
| |
(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 |
| 20 |
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 |
| 25 |
to any provision made by an order under section 58. |
| |
52 | 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 |
| 30 |
election in an electoral area wholly or partly comprised in the police |
| |
| |
(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 |
| |
| 35 |
(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. |
| |
53 | 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 |
| 40 |
| |
(b) | each election to fill a vacancy in the office of police and crime |
| |
commissioner for a police area under section 51, |
| |
|
| |
|
| |
|
take such steps as it considers appropriate to raise public awareness about the |
| |
election and how to vote in it. |
| |
| |
54 | Returning officers etc |
| |
(1) | The returning officer for an election of a police and crime commissioner for a |
| 5 |
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 |
| 10 |
(b) | is designated for the purposes of this subsection by order of the |
| |
| |
(2) | The Secretary of State may by regulations confer functions— |
| |
(a) | on police area returning officers, and |
| |
(b) | on local returning officers. |
| 15 |
(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 |
| 20 |
discharge of those functions. |
| |
| |
| |
| |
(b) | a county council in England for a county in which there are no |
| 25 |
| |
(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 |
| 30 |
Representation of the People Act 1983, is a returning officer for any |
| |
| |
“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, |
| 35 |
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, |
| 40 |
(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 |
| |
| 45 |
|
| |
|