Public Bill Committee: 8 February 2011

478

Police Reform and Social Responsibility Bill, continued

(a)	an allegation comes to the attention of the police and crime panel

which indicates that the conduct of the chief constable may amount to

misconduct or gross misconduct;

(b)	an investigation is ongoing; and

(c)	it appears to the commissioner that either—

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

unless the chief constable concerned 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.

(4)	In determining whether the suspension conditions in sub-paragraph (1) are

satisfied, the police and crime panel must consult Her Majesty’s Inspector of

Constabulary.

11A(1)

If the suspension conditions in accordance with paragraph 11 are satisfied, a

police and crime panel may suspend a relevant chief constable from duty under

section 38.

(2)	A chief constable’s suspension from duty under section 38 will have effect

from the date and time of notification.

(3)	Notification under sub-paragraph (1) shall be given either—

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

(b)	orally, in which case the police and crime panel 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.

11B(1)

A chief constable suspended under section 38 may make representations

against his suspension to the relevant 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.

(2)	The police and crime panel shall review the suspension—

(a)	on receipt of any representations under paragraph (1)(a);

(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 paragraph (1)(b) or otherwise);

or

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

previous review.

(3)	Where a review takes place under sub-paragraph (2), if the police and crime

panel reasonably believes—

(a)	the suspension conditions continue to be satisfied, and

(b)	suspension should continue,

it shall, and before the end of three working days beginning with the day after

the review, inform the chief constable, in writing, with a summary of the

reasons.

(4)	Where a review takes place under sub-paragraph (2), if the police and crime

panel reasonably believes that the conditions in either sub-sub-paragraph

(3)(a) or sub-sub-paragraph (3)(b) are no longer met, it must, and before the

end of the three working days beginning with the day after the review, inform

Public Bill Committee: 8 February 2011

479

Police Reform and Social Responsibility Bill, continued

the chief constable, in writing, that his suspension has been lifted with a

summary of the reasons.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

270

Schedule  8,  page  126,  line  21,  leave out paragraph 11 and insert—

‘11(1)

A police and crime commissioner must only suspend the relevant chief

constable from duty under section 38 when the following conditions “the

suspension conditions” are satisfied—

(a)	an allegation comes to the attention of the police and crime

commissioner which indicates that the conduct of the chief constable

may amount to misconduct or gross misconduct;

(b)	an investigation is ongoing; and

(c)	it appears to the commissioner that either—

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

unless the chief constable concerned 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.

(2)	In determining whether the suspension conditions in sub-paragraph (1) are

satisfied, the police and crime commissioner must consult Her Majesty’s

Inspector of Constabulary.

11A(1)

If the suspension conditions in accordance with paragraph 11 are satisfied, a

police and crime commissioner may suspend a relevant chief constable from

duty under section 38.

(2)	A chief constable’s suspension from duty under section 38 will have effect

from the date and time of notification.

(3)	Notification under sub-paragraph (1) shall be given either—

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

(b)	orally, in which case the police and crime commissioner 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.

(4)	If a police and crime commissioner suspends a chief constable from duty under

section 38, the commissioner must notify the relevant police and crime panel

as soon as reasonable practicable and before the end of the second working day

after the suspension.

(5)	Notification under sub-paragraph (4) must include—

(a)	written notification that the chief constable has been suspended;

(b)	a copy of the reasons given to the chief constable in accordance with

sub-paragraph (3).

11B(1)

A chief constable suspended under section 38 may make representations

against his suspension to the relevant 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.

(2)	The police and crime panel shall review the suspension—

(a)	on receipt of any representations under paragraph (1)(a);

Public Bill Committee: 8 February 2011

480

Police Reform and Social Responsibility Bill, continued

(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 paragraph (1)(b) or otherwise);

or

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

previous review.

(3)	Where a review takes place under paragraph (2), if the police and crime panel

reasonably believes—

(a)	the suspension conditions continue to be satisfied, and

(b)	suspension should continue,

it shall, and before the end of three working days beginning with the day after

the review, make a recommendation for continued suspension to the police and

crime commissioner, in writing with a summary of the reasons.

(4)	Where a review takes place under paragraph (2), if the police and crime panel

reasonably believes that the conditions in either sub-paragraph (3)(a) or sub-

paragraph (3)(b) are no longer met, it must, and before the end of three working

days beginning with the day after the review, make a recommendation for the

end of the suspension to the police and crime commissioner, in writing with a

summary of the reasons.

(5)	Where a recommendation under paragraph (4) is made, the police and crime

commissioner must accept the recommendation.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

135

Schedule  8,  page  126,  line  25,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

274

Schedule  8,  page  126,  line  25,  after ‘not’, insert ‘seek the Secretary of State’s

approval to’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

136

Schedule  8,  page  126,  line  26,  leave out ‘scrutiny’ and insert ‘consideration’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

137

Schedule  8,  page  126,  line  27,  leave out subparagraph (2).

Public Bill Committee: 8 February 2011

481

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

275

Schedule  8,  page  126,  line  31,  after ‘should’, insert ‘seek the Secretary of State’s

approval to’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

316

Schedule  8,  page  126,  line  34,  leave out from ‘of’ to end of line 35 and insert ‘his

decision to accept the panel’s recommendation.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

138

Schedule  8,  page  126,  line  37,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

276

Schedule  8,  page  126,  line  37,  after ‘before’, insert ‘seeking the Secretary of

State’s approval for’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

139

Schedule  8,  page  126,  line  39,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

285

Schedule  8,  page  126,  line  40,  leave out ‘reasons why the commissioner is’ and

insert ‘grounds for’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

140

Schedule  8,  page  126,  line  40,  leave out ‘commissioner’ and insert ‘panel’.

Public Bill Committee: 8 February 2011

482

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

277

Schedule  8,  page  126,  line  40,  after ‘proposing’, insert ‘to seek Secretary of State

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

286

Schedule  8,  page  126,  line  40,  after ‘proposing’, insert ‘on grounds of gross

misconduct,’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

141

Schedule  8,  page  127,  line  1,  leave out subparagraph (3).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

278

Schedule  8,  page  127,  line  3,  after ‘proposing’, insert ‘to seek Secretary of State

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

287

Schedule  8,  page  127,  line  5,  leave out ‘reasons’ and insert ‘grounds’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

142

Schedule  8,  page  127,  line  7,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

116

Schedule  8,  page  127,  line  8,  leave out ‘written representations’ and insert

‘representations, including representations in writing and in person,’.

Public Bill Committee: 8 February 2011

483

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

279

Schedule  8,  page  127,  line  8,  after ‘proposing’, insert ‘to seek Secretary of State

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

143

Schedule  8,  page  127,  line  10,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

117

Schedule  8,  page  127,  line  11,  leave out ‘written representations’ and insert

‘representations, including representations in writing and in person,’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

144

Schedule  8,  page  127,  leave out lines 12 to 15.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

145

Schedule  8,  page  127,  line  16,  leave out paragraph 14 and insert—

‘14(1)

Prior to making a decision on removal a police and crime panel must hold a

removal hearing.

(2)	For the purposes of this Part a “removal hearing” is a meeting of the panel, held

in private, at which the chief constable is requested to appear for the purpose

of answering questions relating to the proposal to call upon the chief constable

to retire or resign.

(3)	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 of the meeting by any means that enable the person to

hear, and be heard, in those proceedings as they happen.’.

Public Bill Committee: 8 February 2011

484

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

280

Schedule  8,  page  127,  line  19,  after ‘proposing’, insert ‘to seek Secretary of State

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

281

Schedule  8,  page  127,  line  23,  after ‘proposing’, insert ‘to seek Secretary of State

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

146

Schedule  8,  page  127,  line  25,  leave out paragraph 15.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

282

Schedule  8,  page  127,  line  29,  after ‘should’, insert ‘seek Secretary of State

approval to’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

118

Schedule  8,  page  127,  leave out lines 35 and 36 and insert—

‘(a)	must consult the chief inspector of the constabulary,

(b)	must consult the Independent Police Complaints Commission,

(c)	must hold a scrutiny hearing.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

120

Schedule  8,  page  128,  line  8,  leave out ‘is, or both of them’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

119

Schedule  8,  page  128,  line  7,  leave out ‘or’ and insert ‘and’.

© Parliamentary copyright	Revised 8 February 2011