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| | | (2) | In determining whether the suspension conditions in sub-paragraph (1) are |
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| | | satisfied, the police and crime commissioner must consult Her Majesty’s |
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| | | Inspector of Constabulary. |
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| | | 11A(1) | If the suspension conditions in accordance with paragraph 11 are satisfied, a |
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| | | police and crime commissioner may suspend a relevant chief constable from |
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| | | (2) | A chief constable’s suspension from duty under section 38 will have effect |
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| | | from the date and time of notification. |
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| | | (3) | Notification under sub-paragraph (1) shall be given either— |
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| | | (a) | in writing with a summary of the reasons; or |
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| | | (b) | orally, in which case the police and crime commissioner shall confirm |
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| | | the suspension in writing with a summary of the reasons before the end |
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| | | of three working days beginning with the first working day after the |
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| | | (4) | If a police and crime commissioner suspends a chief constable from duty under |
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| | | section 38, the commissioner must notify the relevant police and crime panel |
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| | | as soon as reasonable practicable and before the end of the second working day |
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| | | (5) | Notification under sub-paragraph (4) must include— |
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| | | (a) | written notification that the chief constable has been suspended; |
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| | | (b) | a copy of the reasons given to the chief constable in accordance with |
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| | | 11B(1) | A chief constable suspended under section 38 may make representations |
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| | | against his suspension to the relevant police and crime panel— |
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| | | (a) | before the end of seven working days beginning with the first working |
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| | | day after his being suspended; |
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| | | (b) | at any time during the suspension if he reasonably believes that |
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| | | circumstances relevant to the suspension conditions have changed. |
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| | | (2) | The police and crime panel shall review the suspension— |
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| | | (a) | on receipt of any representations under paragraph (1)(a); |
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| | | (b) | if there has been no previous review, before the end of four weeks |
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| | | beginning with the first working day after the suspension; |
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| | | (i) | on being notified that circumstances relevant to the |
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| | | suspension conditions may have changed (whether by means |
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| | | of representations made under paragraph (1)(b) or otherwise); |
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| | | (ii) | before the end of four weeks beginning with the day after the |
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| | | (3) | Where a review takes place under paragraph (2), if the police and crime panel |
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| | | (a) | the suspension conditions continue to be satisfied, and |
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| | | (b) | suspension should continue, |
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| | | | it shall, and before the end of three working days beginning with the day after |
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| | | the review, make a recommendation for continued suspension to the police and |
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| | | crime commissioner, in writing with a summary of the reasons. |
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| | | (4) | Where a review takes place under paragraph (2), if the police and crime panel |
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| | | reasonably believes that the conditions in either sub-paragraph (3)(a) or sub- |
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| | | paragraph (3)(b) are no longer met, it must, and before the end of three working |
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| | | days beginning with the day after the review, make a recommendation for the |
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| | | end of the suspension to the police and crime commissioner, in writing with a |
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| | | (5) | Where a recommendation under paragraph (4) is made, the police and crime |
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| | | commissioner must accept the recommendation.’. |
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| | Schedule 8, page 126, line 25, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 126, line 25, after ‘not’, insert ‘seek the Secretary of State’s |
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| | Schedule 8, page 126, line 26, leave out ‘scrutiny’ and insert ‘consideration’. |
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| | Schedule 8, page 126, line 27, leave out subparagraph (2). |
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| | Schedule 8, page 126, line 31, after ‘should’, insert ‘seek the Secretary of State’s |
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| | Schedule 8, page 126, line 34, leave out from ‘of’ to end of line 35 and insert ‘his |
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| | decision to accept the panel’s recommendation.’. |
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| | Schedule 8, page 126, line 37, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 126, line 37, after ‘before’, insert ‘seeking the Secretary of |
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| | Schedule 8, page 126, line 39, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 126, line 40, leave out ‘reasons why the commissioner is’ and |
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| | Schedule 8, page 126, line 40, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 126, line 40, after ‘proposing’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 126, line 40, after ‘proposing’, insert ‘on grounds of gross |
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| | Schedule 8, page 127, line 1, leave out subparagraph (3). |
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| | Schedule 8, page 127, line 3, after ‘proposing’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 127, line 5, leave out ‘reasons’ and insert ‘grounds’. |
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| | Schedule 8, page 127, line 7, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 127, line 8, leave out ‘written representations’ and insert |
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| | ‘representations, including representations in writing and in person,’. |
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| | Schedule 8, page 127, line 8, after ‘proposing’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 127, line 10, leave out ‘commissioner’ and insert ‘panel’. |
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| | |
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| | Schedule 8, page 127, line 11, leave out ‘written representations’ and insert |
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| | ‘representations, including representations in writing and in person,’. |
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| | Schedule 8, page 127, leave out lines 12 to 15. |
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| | Schedule 8, page 127, line 16, leave out paragraph 14 and insert— |
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| | | ‘14(1) | Prior to making a decision on removal a police and crime panel must hold a |
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| | | |
| | | (2) | For the purposes of this Part a “removal hearing” is a meeting of the panel, held |
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| | | in private, at which the chief constable is requested to appear for the purpose |
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| | | of answering questions relating to the proposal to call upon the chief constable |
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| | | |
| | | (3) | References in this part to a person appearing at a meeting of the panel are |
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| | | references to the person— |
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| | | (a) | attending the meeting in person, or |
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| | | (b) | not attending the meeting in person but participating in the |
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| | | proceedings of the meeting by any means that enable the person to |
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| | | hear, and be heard, in those proceedings as they happen.’. |
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| | Schedule 8, page 127, line 19, after ‘proposing’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 127, line 23, after ‘proposing’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 127, line 25, leave out paragraph 15. |
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| | Schedule 8, page 127, line 29, after ‘should’, insert ‘seek Secretary of State |
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| | | |
| | Schedule 8, page 127, leave out lines 35 and 36 and insert— |
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| | | ‘(a) | must consult the chief inspector of the constabulary, |
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| | | (b) | must consult the Independent Police Complaints Commission, |
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| | | (c) | must hold a scrutiny hearing.’. |
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| | Schedule 8, page 128, line 8, leave out ‘is, or both of them’. |
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| | Schedule 8, page 128, line 7, leave out ‘or’ and insert ‘and’. |
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| | Schedule 8, page 128, line 8, leave out ‘requested to appear’ and insert ‘required to |
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| | Schedule 8, page 128, line 9, after ‘proposal’, insert ‘to seek Secretary of State |
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| | |
| | |
| | | |
| | Schedule 8, page 128, line 10, at end insert— |
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| | | ‘(9A) | Before a scrutiny hearing is convened, the panel must give the chief constable the |
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| | | opportunity to make written representations to the panel about the police and |
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| | | crime commissioner’s proposal to call for the chief constable’s resignation or |
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| | | |
| | Schedule 8, page 128, leave out lines 11 to 16. |
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| | |
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| | |
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| | | |
| | Schedule 8, page 128, leave out lines 17 to 23 and insert— |
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| | | ‘16(1) | The Police and Crime Panel may, having reviewed the proposed removal, veto |
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| | | the removal of the Chief Constable. |
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| | | (2) | References in this schedule to a police and crime panel vetoing the removal of |
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| | | a Chief Constable are references to the panel making a decision, by the |
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| | | |
| | | (3) | For that purpose, the panel makes that decision by the required majority if at |
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| | | least two thirds of the persons who are members of the panel at the time when |
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| | | the decision is made vote in favour of making that decision.’. |
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| | |
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| | | |
| | Schedule 8, page 128, line 17, leave out paragraph 16. |
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| | |
| | |
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| | Schedule 8, page 128, line 21, leave out ‘may accept or reject it’ and insert ‘must |
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| | |
| | | |
| | Schedule 8, page 128, line 22, leave out from ‘of’ to end of line 23 and insert ‘his/ |
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| | her acceptance of the panel’s recommendation’. |
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|
