Public Bill Committee: 3 February 2011

440

Police Reform and Social Responsibility Bill, continued

‘(2A)

The Mayor’s Office for Policing and Crime must only suspend the Commissioner

of Police for the Metropolis from duty under this section when the following

conditions (“the suspension conditions”) are satisfied: an allegation comes to the

attention of the Mayor’s Office for Policing and Crime which indicates that the

conduct of the Commissioner of Police for the Metropolis may amount to

misconduct or gross misconduct;

(a)	an investigation is ongoing;

(b)	it appears to the appropriate authority that either—

(i)	the effective investigation of the case may be prejudiced unless

the Commissioner of Police of the Metropolis is so suspended; or

(ii)	having regard to the nature of the allegation and any other

relevant considerations, the public interest requires that he

should be so suspended.

(2B)	In determining whether the suspension conditions in subsection (2A) are

satisfied, the Mayor’s Office for Policing and Crime must consult Her Majesty’s

Inspector of Constabulary.

(2C)    

(a)	If the suspension conditions in sub-section (2A) are satisfied, the

Mayor’s Office for Policing and Crime may suspend the Commissioner

of Police of the Metropolis from duty under section 48.

(b)	The Commissioner’s suspension from duty under section 48 will have

effect from the date and time of notification.

(c)	Notification under paragraph (a) shall be given either—

(i)	in writing with a summary of the reasons; or

(ii)	orally, in which case the Mayor’s Office shall confirm the

suspension in writing with a summary of the reasons before the

end of three working days beginning with the first working day

after the suspension.

(d)	If the Mayor’s Office suspends the Commissioner from duty under

section 48, the Mayor’s Office must notify the London Assembly as soon

as reasonably practicable and before the end of the second working day

after the suspension.

(e)	Notification under paragraph (d) must include written notification that

the Commissioner of Police for the Metropolis has been suspended;

(i)	a copy of the reasons given to the Commissioner in accordance

with paragraph (c).

(2D)	The Commissioner of Police for the Metropolis once suspended under this section

may make representation against his suspension to the London Assembly police

and crime panel—

(a)	before the end of seven working days beginning with the first working

day after his being suspended;

(b)	at any time during the suspension if he reasonably believes that

circumstances relevant to the suspension conditions have changed.

(2E)	The London Assembly shall review the suspension conditions and whether or not

an investigation into misconduct or gross misconduct is underway—

(a)	on receipt of any representations under subsection (2D);

(b)	if there has been no previous review, before the end of four weeks

beginning with the first working day after the suspension;

(c)	in any other case—

(i)	on being notified that circumstances relevant to the suspension

conditions may have changed (whether by means of

representations made under subsection (2D) or otherwise); or

(ii)	before the end of four weeks beginning with the day after the

previous review.

Public Bill Committee: 3 February 2011

441

Police Reform and Social Responsibility Bill, continued

(2F)	Where a review takes place under subsection (2E) a recommendation by the

London Assembly must be given to the Secretary of State regarding whether the

suspension conditions remain satisfied and whether the panel reasonably believes

that suspension should continue.

(2G)	With regard to a recommendation under subsection (2F) the panel shall before the

end of three working days—

(a)	notify the Secretary of State in writing with a summary of reasons;

(b)	notify the Commissioner in writing with a summary of reasons; and

(c)	notify the Mayor’s Office in writing with a summary of reasons.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

162

Clause  48,  page  30,  line  8,  after ‘of’, insert ‘the London Assembly police and crime

panel and the’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

494

Clause  48,  page  30,  line  11,  leave out subsection (3)(b).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

163

Clause  48,  page  30,  line  12,  at end insert ‘on grounds of misconduct or gross

misconduct’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

165

Clause  48,  page  30,  line  15,  leave out subsection (5) and insert—

‘(5)	The Mayor’s Office for Policing and Crime must comply with this section before

calling on the Commissioner of Police for the Metropolis to resign.

(5A)    

(a)	The Mayor’s Office for Policing and Crime must not call upon the

Commissioner to retire or resign until the end of the scrutiny process has

been reached.

(b)	The end of the scrutiny process is reached when the first of the following

event occurs—

(i)	a period of six weeks has ended without the London Assembly

police and crime panel having given the Mayor’s Office any

recommendation as to whether or not the Commissioner should

call for the retirement or resignation;

(ii)	the Mayor’s Office notifies the London Assembly of its decision

under this Part of his decision to accept the London Assembly’s

recommendation in relation to the resignation or retirement.

Public Bill Committee: 3 February 2011

442

Police Reform and Social Responsibility Bill, continued

(5B)	The Mayor’s Office must give the Commissioner a written explanation of the

reasons why the Mayor’s Office is proposing to call for the retirement or

resignation.

(5C)	Before calling upon the Commissioner to retire or resign the Mayor’s Office for

Police and Crime must—

(a)	give the Commissioner a written explanation of the reasons why the

Mayor’s Office is proposing to call for the retirement of resignation;

(b)	give the London Assembly police and crime panel written notification

that the Mayor’s Office is proposing to call upon the Commissioner to

retire or resign and a copy of the reasons given to the Commissioner in

accordance with subsection (5C)(a);

(c)	give the Commissioner the opportunity to make representations,

including representations in writing and in person, about the proposal to

call for the Commissioner’s resignation or retirement;

(d)	consider any representations, including representations in writing and in

person, made by the Commissioner in accordance with subsection (c) and

give the London Assembly a copy of any such representations made by

the Commissioner, as soon as practicable after the Commissioner is

given them.

(5D)    

(a)	The Mayor’s Office must comply with this subsection if, after complying

with subsection (5C), the Mayor’s Office is still proposing to call upon

the Commissioner to retire or resign under this section.

(b)	the Mayor’s Office must notify—

(i)	the Commissioner of Police for the Metropolis; and

(ii)	the London Assembly police and crime panel

that the Mayor’s Office is still proposing to call upon the Commissioner

to resign.

(5E)    

(a)	This paragraph applies if a police and crime panel is given a notification

under subsection (5D).

(b)	The panel must make a recommendation to the Mayor’s Office as to

whether or not it should call for the retirement or resignation.

(c)	The recommendation must be given to the Mayor’s Office in writing

before the end of the period of six weeks beginning with the day on which

the panel receives the notification under subsection (5D).

(d)	Before making the recommendation, the panel—

(i)	must consult the chief inspector of the constabulary;

(ii)	must consult the Independent Police Complaints Commission;

(iii)

must hold a scrutiny hearing.

(e)	The London Assembly police and crime panel must publish the

recommendation made under this section.

(f)	It is for the panel to determine the manner in which the recommendation

is to be published in accordance with subsection (e).

(5F)	For the purposes of this section a “scrutiny hearing” is a meeting of the London

Assembly police and crime panel, held in private, at which the Mayor’s Office

and Commissioner are required to appear in person for the purpose of answering

questions relating to the proposal to call upon the Commissioner to retire or

resign.

(5G)	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 hear, and be heard

in, those proceedings as they happen.

Public Bill Committee: 3 February 2011

443

Police Reform and Social Responsibility Bill, continued

(5H)	The Mayor’s Office must accept the London Assembly’s recommendation given

under this section.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

164

Clause  48,  page  30,  line  17,  leave out ‘reasons why’ and insert ‘grounds on which’.

Mike Crockart

Dr Julian Huppert

32

Clause  57,  page  35,  line  36,  leave out from second ‘the’ to end of line 39 and insert

‘alternative vote system.’.

Mike Crockart

Dr Julian Huppert

33

Clause  57,  page  35,  line  40,  leave out subsection (5) and insert—

‘(5)	Schedule [Alternative Vote System] has effect.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

555

Clause  57,  page  35,  line  41,  at and add—

‘(6)	A minimum turnout of 40 per cent. of the electorate in the force area is required

for a police and crime commissioner to be elected.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

262

Clause  62,  page  38,  line  25,  after ‘with’, insert ‘section 28(1E), or’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

456

Clause  62,  page  38,  line  35,  leave out ‘or varying’.

Public Bill Committee: 3 February 2011

444

Police Reform and Social Responsibility Bill, continued

Nick Herbert

559

Clause  62,  page  38,  leave out lines 36 to 39.

Mike Crockart

Dr Julian Huppert

496

Clause  66,  page  42,  line  16,  leave out subsection (4).

Member’s explanatory statement

This amendment removes the restriction on members of a Police Authority being elected as PCC

in the first round of elections.

Nick Herbert

560

Clause  67,  page  43,  line  3,  leave out from ‘has’ to ‘, or’ in line 9 and insert ‘been

convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any

imprisonable offence (whether or not sentenced to a term imprisonment in respect of the

offence)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

548

Clause  67,  page  43,  line  8,  leave out ‘of three months or longer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

549

Clause  67,  page  43,  line  14,  leave out subsection (4) and insert—

‘(4)	Further to subsection (3)(c), the same restrictions apply to police commissioners

as apply to chief constables, as established by National Policing Improvement

Agency Circular NPIA 01/2010.

Police and Crime Panels may rule as to whether a person is disqualified from

being elected as, or from being, a police commissioner on the basis of past

convictions.’.

Nick Herbert

561

Clause  67,  page  43,  leave out lines 15 and 16 and insert—

‘(a)	“imprisonable offence” means an offence—

(i)	for which a person who has attained the age of 18 years may be

sentenced to a term of imprisonment, or

(ii)	for which, in the case of such a person, the sentence is fixed by

law as life imprisonment;’.

Public Bill Committee: 3 February 2011

445

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

550

Clause  67,  page  43,  line  23,  leave out subsections (5) to (9).

Nick Herbert

563

Clause  75,  page  47,  line  19,  leave out from ‘treated,’ to end of line.

Nick Herbert

564

Clause  75,  page  47,  line  20,  at end insert ‘for the purpose of—

(a)	any provision of, or made under, this Act, or

(b)	any relevant provision (within the meaning of section 58)’.

Nick Herbert

565

Clause  75,  page  47,  leave out lines 32 and 33.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

166

Clause  79,  page  49,  leave out lines 1 and 2 and insert—

‘(2)	A chief officer of police and the police commissioner must, in exercising their

functions, take into account the strategic policing requirement.’.

Mike Crockart

Dr Julian Huppert

34

Clause  79,  page  49,  line  9,  after ‘bodies’, insert—

‘(iia)

such persons as appear to the Secretary of State to represent the views of

police and crime panels.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

556

Clause  79,  page  49,  line  36,  at end insert—

Public Bill Committee: 3 February 2011

446

Police Reform and Social Responsibility Bill, continued

‘(c)	a threat which required England and Wales police forces to exercise one

or more functions to safeguard and promote the welfare of children as

defined in the Children’s Act 2004 section 11(2)(a).’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

491

Clause  83,  page  50,  line  27,  leave out ‘or Deputy Commissioner’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

167

Clause  84,  page  52,  line  12,  leave out ‘local policing body’ and insert ‘local police

and crime panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

168

Clause  84,  page  52,  line  18,  leave out ‘local policing body’ and insert ‘local police

and crime panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

169

Clause  84,  page  52,  line  18,  leave out ‘body’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

170

Clause  85,  page  53,  leave out lines 8 and 9.

© Parliamentary copyright	Revised 3 February 2011