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| Clause 38, page 25, line 35, after ‘area’, insert ‘if an investigation into an allegation |
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| of misconduct or gross misconduct by a chief constable is being undertaken and, in light |
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| of the investigation, the maintenance of public confidence in that force requires the |
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| Clause 38, page 25, line 36, leave out ‘commissioner’ and insert ‘panel’. |
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| Clause 38, page 25, line 36, after ‘may’, insert ‘acting with the approval of the |
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| Clause 38, page 25, line 37, after ‘constable’, insert ‘and assistant and deputy chief |
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| Clause 38, page 25, line 37, after ‘retire’, insert ‘on grounds of gross misconduct’. |
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| Clause 38, page 26, line 2, after ‘constable’, insert ‘and assistant and deputy chief |
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| Schedule 8, page 123, line 7, leave out paragraph 1. |
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| Schedule 8, page 123, line 7, at end insert— |
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| | ‘1 | A police and crime panel must comply with this Part of this Schedule in |
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| | appointing a chief constable under section 38. |
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| | 2 | A police and crime panel must not appoint a constable to be chief constable |
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| | until the agreement of a 75 per cent. majority of the panel has been secured. |
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| | 3 (1) | A police and crime panel must hold an appointment hearing before appointing |
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| | (2) | For the purposes of this Part an “appointment hearing”, is a meeting of the |
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| | panel, held in public, at which the candidate is requested to appear for the |
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| | purposes of answering questions in relation to the appointment. |
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| | (3) | 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 |
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| | proceedings at the meeting by any means that enable the person to |
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| | hear, and be heard in, those proceedings at the happen.’. |
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| Schedule 8, page 123, line 10, leave out paragraph 2. |
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| Schedule 8, page 123, line 29, leave out paragraph 3. |
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| Schedule 8, page 124, line 2, leave out paragraph 4. |
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| Schedule 8, page 124, line 28, leave out paragraph 5. |
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| Schedule 8, page 124, line 38, leave out ‘three-quarters’ and insert ‘two-thirds’. |
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| | Member’s explanatory statement
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| | This is intended to lower the threshold for the police and crime panel to exercise its veto over the |
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| | commissioner’s proposed candidate for chief constable to a majority of two-thirds (as against the |
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| | three-quarters requirement in the Bill. |
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| Schedule 8, page 124, line 38, leave out ‘three quarters’ and insert ‘two thirds’. |
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| Schedule 8, page 125, line 1, leave out paragraph 6. |
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| Schedule 8, page 125, line 10, leave out ‘appear’ and insert ‘attend the meeting in |
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| Schedule 8, page 125, line 12, leave out sub-paragraph (3). |
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| Schedule 8, page 125, line 22, at end insert— |
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| | ‘(2A) | The appropriate authority must only appoint the candidate if the Secretary of |
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| | State approves the appointment.’. |
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| Schedule 8, page 125, leave out line 30. |
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| Schedule 8, page 125, line 30, at end add— |
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| | ‘(4) | If the police and crime commissioner rejects the panel’s recommendation as to |
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| | whether or not the candidate should be appointed, the commissioner must give the |
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| | panel a response to any such recommendation, including the reasons for his |
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| | decision to reject the recommendation. |
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| | (5) | The police and crime commissioner must publish any response issued under |
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| Schedule 8, page 125, line 33, leave out ‘by paragraphs 3 to 8’ and insert |
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| Schedule 8, page 125, line 37, at end insert— |
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| | ‘(2A) | The regulations may not make provision for the appointment of a candidate |
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| | whose appointment has been vetoed by the police and crime panel.’. |
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| Schedule 8, page 125, line 37, at end insert— |
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| | ‘(3) | The regulations may confer functions on— |
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| | (a) | police and crime panels, |
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| | (b) | the Secretary of State, or |
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| | (4) | That includes functions involving the exercise of discretion.’. |
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| Schedule 8, page 125, line 38, leave out paragraph 10. |
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| Schedule 8, page 126, leave out lines 7 to 9. |
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| Schedule 8, page 126, line 17, at end insert— |
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| | ‘(1) | The Police and Crime Commissioner must notify the relevant police and crime |
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| | panel of the proposed terms and conditions of appointment of a chief |
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| | (2) | The commissioner may not apply to an appointment any term or condition |
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| Schedule 8, page 126, line 21, leave out ‘commissioner’ and insert ‘panel’. |
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| Schedule 8, page 126, line 21, leave out paragraph 11 and insert— |
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| | ‘11(3) | A police and crime panel must only suspend the relevant chief constable from |
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| | duty under section 38 when the following conditions “the suspension |
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| | conditions” are satisfied— |
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| | (a) | an allegation comes to the attention of the police and crime panel |
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| | which indicates that the conduct of the chief constable may amount to |
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| | misconduct or gross misconduct; |
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| | (b) | an investigation is ongoing; and |
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| | (c) | it appears to the commissioner that either— |
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| | (i) | the effective investigation of the case may be prejudiced |
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| | unless the chief constable concerned is so suspended; or |
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| | (ii) | having regard to the nature of the allegation and any other |
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| | relevant considerations, the public interest requires that he |
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| | |
| | (4) | In determining whether the suspension conditions in sub-paragraph (1) are |
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| | satisfied, the police and crime panel must consult Her Majesty’s Inspector of |
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| | |
| | 11A(1) | If the suspension conditions in accordance with paragraph 11 are satisfied, a |
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| | police and crime panel may suspend a relevant chief constable from duty under |
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| | (2) | A chief constable’s suspension from duty under section 38 will have effect |
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| | from the date and time of notification. |
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| | (3) | Notification under sub-paragraph (1) shall be given either— |
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| | (a) | in writing with a summary of the reasons; or |
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| | (b) | orally, in which case the police and crime panel shall confirm the |
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| | suspension in writing with a summary of the reasons before the end of |
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| | three working days beginning with the first working day after the |
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| | 11B(1) | A chief constable suspended under section 38 may make representations |
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| | against his suspension to the relevant police and crime panel— |
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| | (a) | before the end of seven working days beginning with the first working |
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| | day after his being suspended; |
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| | (b) | at any time during the suspension if he reasonably believes that |
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| | circumstances relevant to the suspension conditions have changed. |
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| | (2) | The police and crime panel shall review the suspension— |
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| | (a) | on receipt of any representations under paragraph (1)(a); |
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| | (b) | if there has been no previous review, before the end of four weeks |
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| | beginning with the first working day after the suspension; |
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| | (i) | on being notified that circumstances relevant to the |
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| | suspension conditions may have changed (whether by means |
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| | of representations made under paragraph (1)(b) or otherwise); |
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| | (ii) | before the end of four weeks beginning with the day after the |
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| | (3) | Where a review takes place under sub-paragraph (2), if the police and crime |
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| | panel reasonably believes— |
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| | (a) | the suspension conditions continue to be satisfied, and |
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| | (b) | suspension should continue, |
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| | | it shall, and before the end of three working days beginning with the day after |
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| | the review, inform the chief constable, in writing, with a summary of the |
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| | |
| | (4) | Where a review takes place under sub-paragraph (2), if the police and crime |
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| | panel reasonably believes that the conditions in either sub-sub-paragraph |
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| | (3)(a) or sub-sub-paragraph (3)(b) are no longer met, it must, and before the |
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| | end of the three working days beginning with the day after the review, inform |
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| | the chief constable, in writing, that his suspension has been lifted with a |
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| | summary of the reasons.’. |
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| Schedule 8, page 126, line 21, leave out paragraph 11 and insert— |
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| | ‘11(1) | A police and crime commissioner must only suspend the relevant chief |
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| | constable from duty under section 38 when the following conditions “the |
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| | suspension conditions” are satisfied— |
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| | (a) | an allegation comes to the attention of the police and crime |
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| | commissioner which indicates that the conduct of the chief constable |
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| | may amount to misconduct or gross misconduct; |
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| | (b) | an investigation is ongoing; and |
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| | (c) | it appears to the commissioner that either— |
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| | (i) | the effective investigation of the case may be prejudiced |
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| | unless the chief constable concerned is so suspended; or |
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| | (ii) | having regard to the nature of the allegation and any other |
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| | relevant considerations, the public interest requires that he |
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| | |
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| |
| |
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| | (2) | In determining whether the suspension conditions in sub-paragraph (1) are |
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| | satisfied, the police and crime commissioner must consult Her Majesty’s |
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| | Inspector of Constabulary. |
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| | 11A(1) | If the suspension conditions in accordance with paragraph 11 are satisfied, a |
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| | police and crime commissioner may suspend a relevant chief constable from |
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| | |
| | (2) | A chief constable’s suspension from duty under section 38 will have effect |
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| | from the date and time of notification. |
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| | (3) | Notification under sub-paragraph (1) shall be given either— |
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| | (a) | in writing with a summary of the reasons; or |
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| | (b) | orally, in which case the police and crime commissioner shall confirm |
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| | the suspension in writing with a summary of the reasons before the end |
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| | of three working days beginning with the first working day after the |
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| | |
| | (4) | If a police and crime commissioner suspends a chief constable from duty under |
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| | section 38, the commissioner must notify the relevant police and crime panel |
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| | as soon as reasonable practicable and before the end of the second working day |
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| | |
| | (5) | Notification under sub-paragraph (4) must include— |
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| | (a) | written notification that the chief constable has been suspended; |
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| | (b) | a copy of the reasons given to the chief constable in accordance with |
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| | |
| | 11B(1) | A chief constable suspended under section 38 may make representations |
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| | against his suspension to the relevant police and crime panel— |
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| | (a) | before the end of seven working days beginning with the first working |
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| | day after his being suspended; |
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| | (b) | at any time during the suspension if he reasonably believes that |
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| | circumstances relevant to the suspension conditions have changed. |
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| | (2) | The police and crime panel shall review the suspension— |
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| | (a) | on receipt of any representations under paragraph (1)(a); |
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| | (b) | if there has been no previous review, before the end of four weeks |
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| | beginning with the first working day after the suspension; |
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| | |
| | (i) | on being notified that circumstances relevant to the |
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| | suspension conditions may have changed (whether by means |
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| | of representations made under paragraph (1)(b) or otherwise); |
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| | |
| | (ii) | before the end of four weeks beginning with the day after the |
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| | |
| | (3) | Where a review takes place under paragraph (2), if the police and crime panel |
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| | |
| | (a) | the suspension conditions continue to be satisfied, and |
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| | (b) | suspension should continue, |
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| | | it shall, and before the end of three working days beginning with the day after |
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| | the review, make a recommendation for continued suspension to the police and |
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| | crime commissioner, in writing with a summary of the reasons. |
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| | (4) | Where a review takes place under paragraph (2), if the police and crime panel |
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| | reasonably believes that the conditions in either sub-paragraph (3)(a) or sub- |
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| | paragraph (3)(b) are no longer met, it must, and before the end of three working |
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| | days beginning with the day after the review, make a recommendation for the |
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| | end of the suspension to the police and crime commissioner, in writing with a |
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| | |
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