Public Bill Committee: 25 January 2011

186

Police Reform and Social Responsibility Bill, continued

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

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

238

Clause  38,  page  25,  line  37,  after ‘constable’, insert ‘and assistant and deputy chief

constables’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

284

Clause  38,  page  25,  line  37,  after ‘retire’, insert ‘on grounds of gross misconduct’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

239

Clause  38,  page  26,  line  2,  after ‘constable’, insert ‘and assistant and deputy chief

constables’.

Public Bill Committee: 25 January 2011

187

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

124

Schedule  8,  page  123,  line  7,  leave out paragraph 1.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

125

Schedule  8,  page  123,  line  7,  at end insert—

‘1	A police and crime panel must comply with this Part of this Schedule in

appointing a chief constable under section 38.

2	A police and crime panel must not appoint a constable to be chief constable

until the agreement of a 75 per cent. majority of the panel has been secured.

3    (1)

A police and crime panel must hold an appointment hearing before appointing

a chief constable.

(2)	For the purposes of this Part an “appointment hearing”, is a meeting of the

panel, held in public, at which the candidate is requested to appear for the

purposes of answering questions in relation to the appointment.

(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 at the meeting by any means that enable the person to

hear, and be heard in, those proceedings at the happen.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

126

Schedule  8,  page  123,  line  10,  leave out paragraph 2.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

127

Schedule  8,  page  123,  line  29,  leave out paragraph 3.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

128

Schedule  8,  page  124,  line  2,  leave out paragraph 4.

Public Bill Committee: 25 January 2011

188

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

129

Schedule  8,  page  124,  line  28,  leave out paragraph 5.

Mike Crockart

Dr Julian Huppert

42

Schedule  8,  page  124,  line  38,  leave out ‘three-quarters’ and insert ‘two-thirds’.

Member’s explanatory statement

This is intended to lower the threshold for the police and crime panel to exercise its veto over the

commissioner’s proposed candidate for chief constable to a majority of two-thirds (as against the

three-quarters requirement in the Bill.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

150

Schedule  8,  page  124,  line  38,  leave out ‘three quarters’ and insert ‘two thirds’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

130

Schedule  8,  page  125,  line  1,  leave out paragraph 6.

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

233

Schedule  8,  page  125,  line  22,  at end insert—

‘(2A)

The appropriate authority must only appoint the candidate if the Secretary of

State approves the appointment.’.

Public Bill Committee: 25 January 2011

189

Police Reform and Social Responsibility Bill, continued

Mike Crockart

Dr Julian Huppert

43

Schedule  8,  page  125,  leave out line 30.

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).’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

131

Schedule  8,  page  125,  line  33,  leave out ‘by paragraphs 3 to 8’ and insert

‘paragraphs 1 to 3’.

Mike Crockart

Dr Julian Huppert

44

Schedule  8,  page  125,  line  37,  at end insert—

‘(2A)

The regulations may not make provision for the appointment of a candidate

whose appointment has been vetoed by the police and crime panel.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

132

Schedule  8,  page  125,  line  37,  at end insert—

‘(3)	The regulations may confer functions on—

(a)	police and crime panels,

(b)	the Secretary of State, or

(c)	any other persons.

(4)	That includes functions involving the exercise of discretion.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

133

Schedule  8,  page  125,  line  38,  leave out paragraph 10.

Public Bill Committee: 25 January 2011

190

Police Reform and Social Responsibility Bill, continued

Mike Crockart

Dr Julian Huppert

45

Schedule  8,  page  126,  leave out lines 7 to 9.

Mike Crockart

Dr Julian Huppert

46

Schedule  8,  page  126,  line  17,  at end insert—

‘(1)	The Police and Crime Commissioner must notify the relevant police and crime

panel of the proposed terms and conditions of appointment of a chief

constable.

(2)	The commissioner may not apply to an appointment any term or condition

vetoed by the panel.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

134

Schedule  8,  page  126,  line  21,  leave out ‘commissioner’ and insert ‘panel’.

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

Public Bill Committee: 25 January 2011

191

Police Reform and Social Responsibility Bill, continued

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

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.

Public Bill Committee: 25 January 2011

192

Police Reform and Social Responsibility Bill, continued

(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);

(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.

© Parliamentary copyright	Revised 25 January 2011