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| | Schedule 5, page 113, line 11, leave out paragraph 5. |
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| | Schedule 5, page 113, line 27, leave out paragraph 6. |
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| | Clause 27, page 19, line 40, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 27, page 20, line 4, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 28, page 20, line 9, leave out subsection (1). |
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| | Clause 28, page 20, line 10, at end insert— |
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| | | ‘(1A) | A police and crime panel has— |
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| | | (a) | the functions conferred by this section, |
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| | | (b) | the functions relating to community safety and crime prevention |
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| | | conferred by Chapter 3, and |
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| | | (c) | the other functions conferred by this Act and other enactments. |
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| | | (1B) | The police and crime panel for a police area must— |
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| | | (a) | secure the maintenance of the police force for that area, and |
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| | | (b) | secure that the police force is efficient and effective. |
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| | | (1C) | The police and criminal panel for a police area must hold the relevant chief |
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| | | constable to account for the exercise of— |
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| | | (a) | the functions of the chief constable, and |
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| | | (b) | the functions of persons under the direction and control of the chief |
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| | | (1D) | The police and crime panel must, in particular, hold the chief constable to account |
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| | | (a) | the exercise of the duty under section 8(2) (duty to have regard to police |
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| | | (b) | the exercise of the duty under section 37A(2) of the Police Act 1996 (duty |
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| | | to have regard to strategic policing requirement); |
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| | | (c) | the exercise of the duty under section 39(7) of the Police Act 1996 (duty |
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| | | to have regard to codes of practice issued by Secretary of State); |
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| | | (d) | the effectiveness and effciency of the chief constable’s arrangements for |
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| | | co-operating with other persons in the exercise of the chief constable’s |
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| | | functions (whether under section 22A of the Police Act 1996 or |
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| | | (e) | the effectiveness and efficiency of the chief constables arrangements |
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| | | under section 34 (engagement with local people); |
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| | | (f) | the extent to which the chief constable has complied with section 35 |
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| | | (g) | the exercise of duties relating to equality and diversity that are imposed |
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| | | on the chief constable by any enactment. |
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| | | (1E) | The police authorities established for police areas under section 3 of the Police |
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| | | Act 1996 are abolished.’. |
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| | Clause 28, page 20, line 10, at end insert— |
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| | | ‘(1A) | A police and crime panel has— |
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| | | (a) | the functions conferred by this Chapter; |
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| | | (b) | the functions conferred by Schedule 5 (issuing precepts); |
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| | | (c) | the functions conferred by Schedule 8 (procedure for appointments by |
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| | | police and crime commissioners); and |
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| | | (d) | the other functions conferred by this Act and any other enactments. |
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| | | (1B) | A police and crime panel must hold the relevant police and crime commissioner |
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| | | to account for the exercise of— |
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| | | (a) | the functions of the police and crime commissioner; |
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| | | (b) | the functions of the police and crime commissioner’s staff; |
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| | | (c) | the conduct of the police and crime commissioner; and |
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| | | (d) | the conduct of the police and crime commissioner’s staff. |
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| | | (1C) | In discharging its functions under this Act, a police and crime panel may |
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| | | (a) | a chief officer of police; |
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| | | (b) | persons residing in the police force area; |
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| | | (c) | Her Majesty’s Inspector of Constabulary; and |
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| | | (d) | any other person as the panel sees fit. |
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| | | (1D) | In discharging its functions under this Act, a police and crime panel may consider |
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| | | any views expressed, or complaints made by— |
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| | | (a) | a chief officer of police; |
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| | | (b) | persons residing in the police force area, and |
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| | | (c) | any other person, as the panel sees fit. |
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| | | (1E) | In discharging its functions under this Act, a police and crime panel may— |
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| | | (a) | investigate qualifying complaints and conduct matters in relation to the |
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| | | police and crime commissioner in accordance with regulations made |
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| | | (b) | institute misconduct proceedings against the police and crime |
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| | | commissioner if, following an investigation under paragraph (a), it |
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| | | appears to the panel that misconduct proceedings are necessary, in |
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| | | accordance with regulations made under section 31; |
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| | | (c) | suspend the relevant police and crime commisioner, in accordance with |
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| | Clause 28, page 20, line 11, leave out subsections (2) and (3). |
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| | Clause 28, page 20, line 12, leave out ‘or draft variations’. |
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| | Clause 28, page 20, line 15, after ‘make’, insert ‘and publish’. |
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| | Clause 28, page 20, line 15, leave out ‘or variations’. |
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| | Clause 28, page 20, line 16, at end insert— |
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| | | ‘(2A) | A police and crime panel’s report or recommendations under subsection (2)(b) |
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| | | must include the panel’s police and crime objectives.’. |
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| | Clause 28, page 20, line 20, after ‘elected local policing body’, insert ‘and relevant |
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| | Clause 28, page 20, line 25, leave out subsection (4). |
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| | Clause 28, page 20, line 27, leave out ‘commissioners’ and insert ‘panels’. |
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| | Clause 28, page 20, line 28, leave out subsection (5) and insert— |
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| | | ‘(5) | For the purposes of its functions under this section, a police and crime panel must |
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| | | review, investigate, and prepare reports and recommendations about— |
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| | | (a) | any actions and decisions by the relevant police and crime commissioner; |
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| | | (b) | any matters with respect to the discharge of the commissioner’s |
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| | | (c) | matters in relation to which the functions of the commissioner are |
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| | | (d) | matters relating to the functions of the police and crime commissioner; |
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| | | (e) | any other matters which the panel considers to be of importance to |
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| | | policing and crime reduction in the police force area; and |
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| | | (f) | any other matters which the panel considers to be of importance to |
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| | | maintaining the trust and confidence of persons residing within the police |
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| | | force area in the performance of the police and crime commissioner; |
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| | | | in so far as the panel is not otherwise required to do so by subsections (2) or (3) |
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| | Clause 28, page 20, line 28, leave out subsections (5) to (7). |
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| | Clause 28, page 20, line 29, leave out first ‘or’ and insert ‘and’. |
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| | Schedule 6, page 115, line 4, leave out ‘ten’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | The aim of this amendment is to create additional capacity within the membership of the Police |
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| | | and Crime Panels, which can be used to assist to meet the conditions laid out in relation to |
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| | | ensuring geographic and party political balance as stated in paragraphs 6 and 7 of Schedule 6. |
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| | Schedule 6, page 115, line 4, leave out ‘ten’ and insert ‘eight’. |
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| | Schedule 6, page 115, line 6, leave out ‘two’ and insert ‘seven’. |
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| | Schedule 6, page 115, line 6, leave out ‘two’ and insert ‘up to five’. |
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| | Schedule 6, page 115, line 6, at end insert— |
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| | | ‘(c) | Two further members under the age of 18 to be co-opted to the panel.’. |
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| | Schedule 6, page 115, line 9, leave out ‘ten’ and insert ‘eight’. |
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| | Schedule 6, page 115, line 10, at end add ‘plus two additional members appointed |
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| | from participating authorities.’. |
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| | | Member’s explanatory statement
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| | | For member’s explanatory statement see Amendment 240. |
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| | Schedule 6, page 115, line 12, leave out ‘two’ and insert ‘seven’. |
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| | Schedule 6, page 115, line 12, leave out ‘two’ and insert ‘up to five’. |
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| | Schedule 6, page 115, line 12, at end insert— |
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| | | ‘(c) | Two further members under the age of 18 to be co-opted to the panel.’. |
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| | Schedule 6, page 115, line 15, leave out ‘ten’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | For member’s explanatory statement see Amendment 240. |
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| | Schedule 6, page 115, line 15, leave out ‘ten’ and insert ‘eight’. |
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| | Schedule 6, page 115, line 17, leave out ‘two’ and insert ‘seven’. |
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| | Schedule 6, page 115, line 17, leave out ‘two’ and insert ‘up to five’. |
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| | Schedule 6, page 115, line 17, at end insert— |
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| | | ‘(c) | Two further members under the age of 18 to be co-opted to the panel.’. |
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| | Schedule 6, page 115, line 22, after ‘authority’, insert ‘plus two additional |
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| | members appointed from participating authorities’. |
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| | | Member’s explanatory statement
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| | | For member’s explanatory statement see Amendment 240. |
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| | Schedule 6, page 115, line 23, leave out ‘two’ and insert ‘seven’. |
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| | Schedule 6, page 115, line 23, leave out ‘two’ and insert ‘up to five’. |
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| | Schedule 6, page 115, line 23, at end insert— |
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| | | ‘(c) | Two further members under the age of 18 to be co-opted to the panel.’. |
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| | Schedule 6, page 116, line 1, leave out ‘ten’ and insert ‘eight’. |
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