Notices of Amendments: 20 January 2011

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Police Reform and Social Responsibility Bill, continued

(1E)	The police authorities established for police areas under section 3 of the Police

Act 1996 are abolished.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

252

Page  21,  line  14,  leave out Clause 29.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

253

Clause  30,  page  21,  line  28,  at beginning insert ‘the remaining members of’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

254

Clause  30,  page  21,  line  40,  after ‘suspension by the’, insert ‘remaining members

of the’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

255

Schedule  6,  page  118,  line  19,  leave out paragraph 13.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

256

Schedule  6,  page  119,  line  10,  leave out sub-paragraph (2).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

257

Clause  28,  page  20,  line  10,  at end insert—

‘(1A)

A police and crime panel has—

(a)	the functions conferred by this Chapter;

(b)	the functions conferred by Schedule 5 (issuing precepts);

(c)	the functions conferred by Schedule 8 (procedure for appointments by

police and crime commissioners); and

(d)	the other functions conferred by this Act and any other enactments.

(1B)	A police and crime panel must hold the relevant police and crime commissioner

to account for the exercise of—

Notices of Amendments: 20 January 2011

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Police Reform and Social Responsibility Bill, continued

(a)	the functions of the police and crime commissioner;

(b)	the functions of the police and crime commissioner’s staff;

(c)	the conduct of the police and crime commissioner; and

(d)	the conduct of the police and crime commissioner’s staff.

(1C)	In discharging its functions under this Act, a police and crime panel may

consult—

(a)	a chief officer of police;

(b)	persons residing in the police force area;

(c)	Her Majesty’s Inspector of Constabulary; and

(d)	any other person as the panel sees fit.

(1D)	In discharging its functions under this Act, a police and crime panel may consider

any views expressed, or complaints made by—

(a)	a chief officer of police;

(b)	persons residing in the police force area, and

(c)	any other person, as the panel sees fit.

(1E)	In discharging its functions under this Act, a police and crime panel may—

(a)	investigate qualifying complaints and conduct matters in relation to the

police and crime commissioner in accordance with regulations made

under section 31;

(b)	institute misconduct proceedings against the police and crime

commissioner if, following an investigation under paragraph (a), it

appears to the panel that misconduct proceedings are necessary, in

accordance with regulations made under section 31;

(c)	suspend the relevant police and crime commisioner, in accordance with

sections 30 and 31.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

258

Clause  28,  page  20,  line  25,  leave out subsection (4).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

259

Clause  30,  page  21,  line  33,  at end insert—

‘(1A)

A police and crime panel may suspend the relevant police and crime

commissioner in accordance with regulations under section 31.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

260

Clause  30,  page  21,  line  34,  after ‘commissoner’, insert ‘under subsection (1)’.

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Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

261

Clause  31,  page  22,  line  17,  at end insert—

‘(d)	the suspension of a police and crime commissioner by a police and crime

panel while a qualifying complaint or conduct matter is being

investigated.’.

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

263

Clause  28,  page  20,  line  20,  after ‘elected local policing body’, insert ‘and relevant

chief constable’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

264

Schedule  8,  page  125,  line  10,  leave out ‘appear’ and insert ‘attend the meeting in

person’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

265

Schedule  8,  page  125,  line  12,  leave out sub-paragraph (3).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

266

Schedule  8,  page  125,  line  30,  at end add—

‘(4)	If the police and crime commissioner rejects the panel’s recommendation as to

whether or not the candidate should be appointed, the commissioner must give the

panel a response to any such recommendation, including the reasons for his

decision to reject the recommendation.

(5)	The police and crime commissioner must publish any response issued under

subsection (4).’.

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Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

267

Clause  38,  page  25,  line  34,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

268

Clause  38,  page  25,  line  35,  after ‘area’, insert ‘if an investigation into an allegation

of misconduct or gross misconduct by a chief constable is being undertaken and, in light

of the investigation, the maintenance of public confidence in that force requires the

suspension.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

269

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

‘11(3)

A police and crime panel 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 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;

Notices of Amendments: 20 January 2011

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Police Reform and Social Responsibility Bill, continued

(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

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.

Notices of Amendments: 20 January 2011

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Police Reform and Social Responsibility Bill, continued

(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);

(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.’.

Notices of Amendments: 20 January 2011

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Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

271

Clause  38,  page  25,  line  36,  leave out ‘commissioner’ and insert ‘panel’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

273

Clause  38,  page  25,  line  36,  after ‘may’, insert ‘acting with the approval of the

Secretary of State’.

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

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

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

277

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

approval’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

278

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

approval’.

© Parliamentary copyright	Revised 21 January 2011