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| | Schedule 8, page 128, line 8, leave out ‘requested to appear’ and insert ‘required to |
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| | Schedule 8, page 128, line 9, after ‘proposal’, insert ‘to seek Secretary of State |
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| | Schedule 8, page 128, line 10, at end insert— |
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| | | ‘(9A) | Before a scrutiny hearing is convened, the panel must give the chief constable the |
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| | | opportunity to make written representations to the panel about the police and |
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| | | crime commissioner’s proposal to call for the chief constable’s resignation or |
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| | Schedule 8, page 128, leave out lines 11 to 16. |
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| | | Negatived on division 554 |
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| | Schedule 8, page 128, leave out lines 17 to 23 and insert— |
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| | | ‘16(1) | The Police and Crime Panel may, having reviewed the proposed removal, veto |
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| | | the removal of the Chief Constable. |
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| | | (2) | References in this schedule to a police and crime panel vetoing the removal of |
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| | | a Chief Constable are references to the panel making a decision, by the |
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| | | (3) | For that purpose, the panel makes that decision by the required majority if at |
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| | | least two thirds of the persons who are members of the panel at the time when |
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| | | the decision is made vote in favour of making that decision.’. |
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| | Schedule 8, page 128, line 17, leave out paragraph 16. |
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| | Schedule 8, page 128, line 21, leave out ‘may accept or reject it’ and insert ‘must |
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| | Schedule 8, page 128, line 22, leave out from ‘of’ to end of line 23 and insert ‘his/ |
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| | her acceptance of the panel’s recommendation’. |
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| | Schedule 8, page 128, line 33, leave out ‘commissioner’ and insert ‘panel’. |
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| | Schedule 8, page 129, line 10, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 39, page 26, line 11, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 39, page 26, line 14, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 40, page 26, line 31, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 41, page 27, line 34, leave out ‘commissioner’ and insert ‘panel’. |
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| | Clause 42, page 28, line 19, at end insert ‘and the London Assembly police and |
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| | Clause 42, page 28, line 19, at end insert ‘and shall have regard to subsections (5), |
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| | Clause 42, page 28, line 21, at end insert— |
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| | | ‘(5) | No person shall be appointed as Commissioner of Police for the Metropolis |
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| | | unless he holds or has held the rank of— |
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| | | (a) | Chief Constable, Deputy Chief Constable or Assistant Chief constable in |
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| | | a police force maintained under section 2 of the Police Act 1996; |
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| | | (b) | Deputy Commissioner, Assistant Commissioner or Deputy Assistant |
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| | | Commissioner in the Metropolitan police force, or |
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| | | (c) | Assistant Commissioner in the City of London police force, |
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| | | | for a period of no less than three years. |
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| | | (6) | No person shall be appointed as the Commissioner of Police for the Metropolis |
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| | | unless he has passed the Senior National Assessment Centre and completed the |
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| | | Strategic Command Course. |
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| | | (7) | Subject to this section an appointment to the rank of Commissioner of Police for |
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| | | the Metropolis shall be for a fixed term of five years.’. |
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| | Clause 43, page 28, line 35, at end insert ‘; and |
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| | | (c) | any representations made by the London Assembly police and crime |
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| | Clause 45, page 29, line 14, after ‘Crime’, insert ‘and the London Assembly police |
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| | Clause 46, page 29, line 27, after ‘Crime’, insert ‘and the London Assembly police |
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| | Clause 47, page 29, line 34, after ‘Crime’, insert ‘and the London Assembly police |
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| | Clause 48, page 29, line 38, after ‘of’, insert ‘the London Assembly police and |
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| | Clause 48, page 30, line 2, leave out subsection (1)(b). |
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| | Clause 48, page 30, line 3, at end insert ‘if an investigation into an allegation of |
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| | misconduct or gross misconduct by the Commissioner of Police for the Metropolis is |
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| | being undertaken and, in light of the investigation, the maintenance of public confidence |
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| | in the Metropolitan police force requires the suspension.’. |
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| | Clause 48, page 30, line 4, leave out subsection (2). |
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| | Clause 48, page 30, line 6, at end insert— |
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| | | ‘(2A) | The Mayor’s Office for Policing and Crime must only suspend the Commissioner |
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| | | of Police for the Metropolis from duty under this section when the following |
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| | | conditions (“the suspension conditions”) are satisfied: an allegation comes to the |
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| | | attention of the Mayor’s Office for Policing and Crime which indicates that the |
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| | | conduct of the Commissioner of Police for the Metropolis may amount to |
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| | | misconduct or gross misconduct; |
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| | | (a) | an investigation is ongoing; |
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| | | (b) | it appears to the appropriate authority that either— |
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| | | (i) | the effective investigation of the case may be prejudiced unless |
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| | | the Commissioner of Police of the Metropolis 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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| | | (2B) | In determining whether the suspension conditions in subsection (2A) are |
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| | | satisfied, the Mayor’s Office for Policing and Crime must consult Her Majesty’s |
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| | | Inspector of Constabulary. |
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| | | (a) | If the suspension conditions in sub-section (2A) are satisfied, the |
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| | | Mayor’s Office for Policing and Crime may suspend the Commissioner |
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| | | of Police of the Metropolis from duty under section 48. |
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| | | (b) | The Commissioner’s suspension from duty under section 48 will have |
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| | | effect from the date and time of notification. |
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| | | (c) | Notification under paragraph (a) shall be given either— |
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| | | (i) | in writing with a summary of the reasons; or |
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| | | (ii) | orally, in which case the Mayor’s Office shall confirm the |
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| | | suspension in writing with a summary of the reasons before the |
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| | | end of three working days beginning with the first working day |
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| | | (d) | If the Mayor’s Office suspends the Commissioner from duty under |
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| | | section 48, the Mayor’s Office must notify the London Assembly as soon |
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| | | as reasonably practicable and before the end of the second working day |
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| | | (e) | Notification under paragraph (d) must include written notification that |
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| | | the Commissioner of Police for the Metropolis has been suspended; |
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| | | (i) | a copy of the reasons given to the Commissioner in accordance |
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| | | (2D) | The Commissioner of Police for the Metropolis once suspended under this section |
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| | | may make representation against his suspension to the London Assembly police |
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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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| | | (2E) | The London Assembly shall review the suspension conditions and whether or not |
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| | | an investigation into misconduct or gross misconduct is underway— |
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| | | (a) | on receipt of any representations under subsection (2D); |
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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 suspension |
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| | | conditions may have changed (whether by means of |
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| | | representations made under subsection (2D) or otherwise); or |
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| | | (ii) | before the end of four weeks beginning with the day after the |
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| | | (2F) | Where a review takes place under subsection (2E) a recommendation by the |
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| | | London Assembly must be given to the Secretary of State regarding whether the |
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| | | suspension conditions remain satisfied and whether the panel reasonably believes |
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| | | that suspension should continue. |
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| | | (2G) | With regard to a recommendation under subsection (2F) the panel shall before the |
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| | | end of three working days— |
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| | | (a) | notify the Secretary of State in writing with a summary of reasons; |
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| | | (b) | notify the Commissioner in writing with a summary of reasons; and |
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| | | (c) | notify the Mayor’s Office in writing with a summary of reasons.’. |
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| | Clause 48, page 30, line 8, after ‘of’, insert ‘the London Assembly police and crime |
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| | Clause 48, page 30, line 11, leave out subsection (3)(b). |
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| | Clause 48, page 30, line 12, at end insert ‘on grounds of misconduct or gross |
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| | Clause 48, page 30, line 15, leave out subsection (5) and insert— |
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| | | ‘(5) | The Mayor’s Office for Policing and Crime must comply with this section before |
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| | | calling on the Commissioner of Police for the Metropolis to resign. |
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| | | |
| | | (a) | The Mayor’s Office for Policing and Crime must not call upon the |
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| | | Commissioner to retire or resign until the end of the scrutiny process has |
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| | | (b) | The end of the scrutiny process is reached when the first of the following |
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| | | (i) | a period of six weeks has ended without the London Assembly |
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| | | police and crime panel having given the Mayor’s Office any |
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| | | recommendation as to whether or not the Commissioner should |
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| | | call for the retirement or resignation; |
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| | | (ii) | the Mayor’s Office notifies the London Assembly of its decision |
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| | | under this Part of his decision to accept the London Assembly’s |
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| | | recommendation in relation to the resignation or retirement. |
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| | | (5B) | The Mayor’s Office must give the Commissioner a written explanation of the |
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| | | reasons why the Mayor’s Office is proposing to call for the retirement or |
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