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| | | (c) | give the Commissioner the opportunity to make representations, |
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| | | including representations in writing and in person, about the proposal to |
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| | | call for the Commissioner’s resignation or retirement; |
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| | | (d) | consider any representations, including representations in writing and in |
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| | | person, made by the Commissioner in accordance with subsection (c) and |
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| | | give the London Assembly a copy of any such representations made by |
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| | | the Commissioner, as soon as practicable after the Commissioner is |
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| | | (a) | The Mayor’s Office must comply with this subsection if, after complying |
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| | | with subsection (5C), the Mayor’s Office is still proposing to call upon |
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| | | the Commissioner to retire or resign under this section. |
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| | | (b) | the Mayor’s Office must notify— |
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| | | (i) | the Commissioner of Police for the Metropolis; and |
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| | | (ii) | the London Assembly police and crime panel |
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| | | | that the Mayor’s Office is still proposing to call upon the Commissioner |
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| | | (a) | This paragraph applies if a police and crime panel is given a notification |
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| | | (b) | The panel must make a recommendation to the Mayor’s Office as to |
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| | | whether or not it should call for the retirement or resignation. |
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| | | (c) | The recommendation must be given to the Mayor’s Office in writing |
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| | | before the end of the period of six weeks beginning with the day on which |
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| | | the panel receives the notification under subsection (5D). |
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| | | (d) | Before making the recommendation, the panel— |
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| | | (i) | must consult the chief inspector of the constabulary; |
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| | | (ii) | must consult the Independent Police Complaints Commission; |
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| | | (iii) | must hold a scrutiny hearing. |
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| | | (e) | The London Assembly police and crime panel must publish the |
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| | | recommendation made under this section. |
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| | | (f) | It is for the panel to determine the manner in which the recommendation |
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| | | is to be published in accordance with subsection (e). |
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| | | (5F) | For the purposes of this section a “scrutiny hearing” is a meeting of the London |
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| | | Assembly police and crime panel, held in private, at which the Mayor’s Office |
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| | | and Commissioner are required to appear in person for the purpose of answering |
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| | | questions relating to the proposal to call upon the Commissioner to retire or |
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| | | |
| | | (5G) | 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 proceedings |
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| | | at the meeting by any means that enable the person to hear, and be heard |
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| | | in, those proceedings as they happen. |
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| | | (5H) | The Mayor’s Office must accept the London Assembly’s recommendation given |
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| | Clause 48, page 30, line 17, leave out ‘reasons why’ and insert ‘grounds on which’. |
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| | Clause 57, page 35, line 41, at and add— |
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| | | ‘(6) | A minimum turnout of 40 per cent. of the electorate in the force area is required |
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| | | for a police and crime commissioner to be elected.’. |
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| | Clause 62, page 38, line 25, after ‘with’, insert ‘section 28(1E), or’. |
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| | Clause 62, page 38, line 35, leave out ‘or varying’. |
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| | Clause 62, page 38, leave out lines 36 to 39. |
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| | Clause 66, page 42, line 16, leave out subsection (4). |
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| | | Member’s explanatory statement
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| | | This amendment removes the restriction on members of a Police Authority being elected as PCC |
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| | | in the first round of elections. |
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| | Clause 67, page 43, line 3, leave out from ‘has’ to ‘, or’ in line 9 and insert ‘been |
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| | convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any |
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| | imprisonable offence (whether or not sentenced to a term imprisonment in respect of the |
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| | Clause 67, page 43, line 8, leave out ‘of three months or longer’. |
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| | Clause 67, page 43, line 14, leave out subsection (4) and insert— |
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| | | ‘(4) | Further to subsection (3)(c), the same restrictions apply to police commissioners |
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| | | as apply to chief constables, as established by National Policing Improvement |
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| | | Agency Circular NPIA 01/2010.
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| | | Police and Crime Panels may rule as to whether a person is disqualified from |
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| | | being elected as, or from being, a police commissioner on the basis of past |
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| | | |
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| | | |
| | Clause 67, page 43, leave out lines 15 and 16 and insert— |
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| | | ‘(a) | “imprisonable offence” means an offence— |
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| | | (i) | for which a person who has attained the age of 18 years may be |
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| | | sentenced to a term of imprisonment, or |
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| | | (ii) | for which, in the case of such a person, the sentence is fixed by |
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| | | law as life imprisonment;’. |
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| | Clause 67, page 43, line 23, leave out subsections (5) to (9). |
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| | Clause 75, page 47, line 19, leave out from ‘treated,’ to end of line. |
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| | Clause 75, page 47, line 20, at end insert ‘for the purpose of— |
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| | | (a) | any provision of, or made under, this Act, or |
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| | | (b) | any relevant provision (within the meaning of section 58)’. |
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| | Clause 75, page 47, leave out lines 32 and 33. |
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| | Clause 79, page 49, leave out lines 1 and 2 and insert— |
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| | | ‘(2) | A chief officer of police and the police commissioner must, in exercising their |
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| | | functions, take into account the strategic policing requirement.’. |
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| | |
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| | | |
| | Clause 79, page 49, line 9, after ‘bodies’, insert— |
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| | | ‘(iia) | such persons as appear to the Secretary of State to represent the views of |
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| | | police and crime panels.’. |
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| | |
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| | | |
| | Clause 79, page 49, line 36, at end insert— |
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| | | ‘(c) | a threat which required England and Wales police forces to exercise one |
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| | | or more functions to safeguard and promote the welfare of children as |
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| | | defined in the Children’s Act 2004 section 11(2)(a).’. |
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| | Clause 83, page 50, line 27, leave out ‘or Deputy Commissioner’. |
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| | Clause 84, page 52, line 12, leave out ‘local policing body’ and insert ‘local police |
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| | Clause 84, page 52, line 18, leave out ‘local policing body’ and insert ‘local police |
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| | Clause 84, page 52, line 18, leave out ‘body’ and insert ‘panel’. |
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| | Clause 85, page 53, leave out lines 8 and 9. |
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| | Clause 85, page 53, line 15, leave out ‘local policing body’ and insert ‘local police |
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| | Clause 85, page 53, line 16, leave out ‘body’ and insert ‘panel’. |
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| | Clause 85, page 53, line 18, leave out ‘local policing body’ and insert ‘local police |
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| | Clause 85, page 53, line 20, leave out ‘body’ and insert ‘panel’. |
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| | Clause 85, page 53, line 21, leave out ‘local policing body’ and insert ‘local police |
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| | Clause 90, page 56, line 7, leave out ‘policing bodies’ and insert ‘police and crime |
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| | Clause 90, page 56, line 9, leave out ‘policing bodies’ and insert ‘police and crime |
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| | | |
| | Clause 90, page 56, leave out lines 14 to 18 and insert— |
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| | | ‘(b) | provision about support by a policing panel for another police panel |
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| | | (“policing panel collaboration provision”); |
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| | | (c) | provision about support by a police and crime panel for the police force |
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| | | which another police and crime panel is responsible for maintaining |
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| | | (police panel and force collaboration provision).’. |
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| | Clause 90, page 56, line 23, leave out ‘policing body’ and insert ‘police and crime |
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| | Clause 90, page 56, line 25, leave out ‘policing body’ and insert ‘police and crime |
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| | Clause 90, page 56, line 27, leave out ‘policing body’ and insert ‘police and crime |
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| | Clause 90, page 56, line 28, leave out ‘policing body’ and insert ‘police and crime |
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| | | |
| | Clause 90, page 56, leave out lines 31 and 32 and insert— |
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| | | ‘(a) | the police and crime panel, or each police and crime panel, to which the |
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| | Clause 90, page 56, line 35, leave out ‘policing body’ and insert ‘police and crime |
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| | | |
| | Clause 90, page 56, line 42, leave out ‘policing body’ and insert ‘police and crime |
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| | Clause 90, page 57, line 5, leave out ‘policing body’ and insert ‘police and crime |
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