Police Reform and Social Responsibility Bill

Session 2010 - 11
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Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 1 — Police and crime commissioners
103

Schedules
Schedule 1
Section 1

Police and crime commissioners
Introduction
1
This Schedule applies in relation to the police and crime commissioners
5
established under section 1.
Salary etc
2     (1)
A police and crime commissioner is to be paid a salary.
      (2)
The Secretary of State is to determine the amount of a commissioner’s salary.
      (3)
The Secretary of State may determine that different salaries are to be payable
10
to the police and crime commissioners for different police areas.
3     (1)
A police and crime commissioner is to be paid authorised allowances.
      (2)
In this paragraph “authorised allowances” means allowances, in respect of
expenses incurred by a commissioner in the exercise of the commissioner’s
functions, which are of the kinds and amounts determined by the Secretary
15
of State as payable in accordance with this paragraph.
      (3)
A determination under this paragraph may make different provision for
different cases.
4     (1)
A police and crime commissioner must make authorised pension payments.
      (2)
In this paragraph “authorised pension payments” means—
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(a)
pensions to, or in respect of, persons who have been commissioner,
and
(b)
amounts for or towards provision of pensions to, or in respect of,
persons who have been commissioner,

which are of the kinds and amounts determined by the Secretary of State as
25
payable in accordance with this paragraph.
5     (1)
Payments under paragraph 2 and 3 are to be made by the police and crime
commissioner concerned.
      (2)
The Secretary of State must publish every determination under any of
paragraphs 2 to 4.
30
Staff
6     (1)
A police and crime commissioner must appoint—

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Schedule 1 — Police and crime commissioners
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(a)
a person to be the head of the commissioner’s staff (referred to in this
Part as the commissioner’s chief executive); and
(b)
a person to be responsible for the proper administration of the
commissioner’s financial affairs (referred to in this Part as the
commissioner’s chief finance officer).
5
      (2)
A police and crime commissioner may appoint such other staff as the
commissioner thinks appropriate to enable the commissioner to exercise the
functions of commissioner.
      (3)
Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of a police and crime commissioner as it applies to the persons
10
having responsibility for the administration of financial affairs mentioned in
that section.
7     (1)
A police and crime commissioner must appoint a qualified person to act as
chief executive, or a chief finance officer, if and for as long as—
(a)
that post is vacant, or
15
(b)
the holder of that post is, in the commissioner’s opinion, unable to
carry out the duties of that post.
      (2)
For the purposes of sub-paragraph (1) a person is qualified to be appointed
to act as chief executive, or as chief finance officer, if that person is qualified
to be appointed to the post under paragraph 6.
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      (3)
A reference in any enactment to the chief executive, or chief finance officer,
of a police and crime commissioner includes a reference to a person acting
as chief executive, or chief finance officer, in accordance with sub-paragraph
(1).
Remuneration etc of staff
25
8     (1)
A police and crime commissioner may pay remuneration, allowances and
gratuities to the members of the commissioner’s staff.
      (2)
A police and crime commissioner may pay—
(a)
pensions to, or in respect of, persons who have been members of the
commissioner’s staff, and
30
(b)
amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the commissioner’s staff.
      (3)
In this paragraph “allowances”, in relation to a member of a commissioner’s
staff, means allowances in respect of expenses incurred by the member of
staff in the course of employment as such a member of staff.
35
Incidental powers
9     (1)
A police and crime commissioner may do anything which is calculated to
facilitate, or is conducive or incidental to, the exercise of the functions of
commissioner.
      (2)
That includes—
40
(a)
entering into contracts and other agreements (whether legally
binding or not);
(b)
acquiring and disposing of property (including land);
(c)
borrowing money.

Police Reform and Social Responsibility Bill
Schedule 2 — Chief constables
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      (3)
This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of police and crime commissioners.
Protection from personal liability
10    (1)
A person who is a police and crime commissioner has no personal liability
for an act or omission done by the person in the exercise of the
5
commissioner’s functions unless it is shown to have been done otherwise
than in good faith.
      (2)
A person who is a member of staff of a police and crime commissioner has
no personal liability for an act or omission done by the person in the carrying
out of duties as a member of staff unless it is shown to have been done
10
otherwise than in good faith.
Financial year
11    (1)
The first financial year of a police and crime commissioner is the period
that—
(a)
begins with the day on which the first election of the commissioner
15
is held, and
(b)
ends with the following 31 March.
      (2)
After that, a commissioner’s financial year is the period of 12 months ending
with 31 March.
Schedule 2
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Section 2

Chief constables
Introduction
1
This Schedule applies to the chief constables established under section 2.
Status, name etc
2
A chief constable is a corporation sole.
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3
The name of the chief constable for a police force is “the Chief Constable of”
with the addition of the name of the police force.
Civilian staff
4     (1)
The chief constable of a police force must appoint a person to be responsible
for the proper administration of the police force’s financial affairs (referred
30
to in this Part as the police force’s chief finance officer).
      (2)
The chief constable of a police force may appoint such other staff as the chief
constable thinks appropriate—
(a)
to enable the chief constable to exercise the chief constable’s
functions, or
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(b)
otherwise to assist the relevant police force.

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Schedule 2 — Chief constables
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      (3)
Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of a police and crime commissioner as it applies to the persons
having responsibility for the administration of financial affairs mentioned in
that section.
5     (1)
A chief constable must appoint a qualified person to act as chief finance
5
officer, if and for as long as—
(a)
that post is vacant, or
(b)
the holder of that post is, in the chief constable’s opinion, unable to
carry out the duties of that post.
      (2)
For the purposes of sub-paragraph (1) a person is qualified to be appointed
10
to act as chief finance officer if that person is qualified to be appointed to the
post under paragraph 4.
      (3)
A reference in any enactment to the chief finance officer of a chief constable
includes a reference to a person acting as chief finance officer in accordance
with sub-paragraph (1).
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Remuneration etc of staff
6     (1)
A chief constable may pay remuneration, allowances and gratuities to the
members of the police force’s staff.
      (2)
A chief constable may pay—
(a)
pensions to, or in respect of, persons who have been members of the
20
police force’s staff, and
(b)
amounts for or towards provisions of pensions to, or in respect of,
persons who have been members of the police force’s staff.
      (3)
In this paragraph “allowances”, in relation to a member of a police force’s
staff, means allowances in respect of expenses incurred by the member of
25
staff in the course of employment as such a member of staff.
Incidental powers
7     (1)
A chief constable may do anything which is calculated to facilitate, or is
conducive or incidental to, the exercise of the functions of chief constable.
      (2)
That includes—
30
(a)
entering into contracts and other agreements (whether legally
binding or not);
(b)
acquiring and disposing of property, apart from land, but only with
the consent of the relevant police and crime commissioner;
(c)
borrowing money, but only with the consent of the relevant police
35
and crime commissioner.
      (3)
This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of chief constables.
Damages and costs in legal proceedings
8     (1)
The following amounts must be paid out of the police fund kept by the
40
relevant police and crime commissioner—

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Schedule 3 — Mayor’s Office for Policing and Crime
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(a)
any damages or costs awarded against a chief constable in any
proceedings brought against the chief constable in respect of the acts
or omissions of a member of the relevant police force’s civilian staff;
(b)
any costs incurred by a chief constable in any such proceedings so far
as not recovered by the chief constable in the proceedings; and
5
(c)
any sum required in connection with the settlement of any claim
made against a chief constable in respect of the acts or omissions of a
member of the relevant police force’s civilian staff, if the settlement
is approved by the relevant police and crime commissioner.
      (2)
A police and crime commissioner may, in such cases and to such extent as
10
appear to the commissioner to be appropriate, pay out of the police fund
kept by the commissioner—
(a)
any damages or costs awarded against a member of the relevant
police force’s civilian staff in proceedings for any unlawful conduct
of that person;
15
(b)
any costs incurred and not recovered by such a member of staff in
such proceedings; and
(c)
any sum required in connection with the settlement of a claim that
has or might have given rise to such proceedings.
Disciplinary action etc
20
9
Paragraph 2 does not affect the application of regulations under section 50
of the Police Act 1996 to the constable who occupies the office of chief
constable.
Schedule 3
Section 3

Mayor’s Office for Policing and Crime
25
Allowances
1     (1)
The occupant of the Mayor’s Office for Policing and Crime is to be paid
authorised allowances.
      (2)
In this paragraph “authorised allowances” means allowances, in respect of
expenses incurred by the occupant of the Mayor’s Office for Policing and
30
Crime in the exercise of the functions of that Office, which are of the kinds
and amounts designated by the Secretary of State as payable in accordance
with this paragraph.
      (3)
A determination under this paragraph may make different provision for
different cases.
35
      (4)
Payments under this paragraph are to be made by the Mayor’s Office for
Policing and Crime.
Staff
2     (1)
The Mayor’s Office for Policing and Crime must appoint a person to be the
head of that Office’s staff (referred to in this Part as the chief executive of the
40
Mayor’s Office for Policing and Crime).

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Schedule 3 — Mayor’s Office for Policing and Crime
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      (2)
The Mayor’s Office for Policing and Crime may appoint such other staff (in
addition to the chief executive, and the chief finance officer appointed under
section 127(2) of the Greater London Authority Act 1999) as the Office thinks
appropriate to enable the Office to exercise its functions.
      (3)
A reference in any enactment to the officers of a functional body of the
5
Greater London Authority is, in the case of the Mayor’s Office for Policing
and Crime, to be read as reference to the staff of that Office.
3     (1)
The Mayor’s Office for Policing and Crime must appoint a qualified person
to act as chief executive if and for as long as—
(a)
that post is vacant, or
10
(b)
the holder of that post is, in the opinion of the Mayor’s Office for
Policing and Crime, unable to carry out the duties of that post.
      (2)
For the purposes of sub-paragraph (1) a person is qualified to be appointed
to act as chief executive if that person is qualified to be appointed to the post
under paragraph 2.
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      (3)
A reference in any enactment to the chief executive of the Mayor’s Office for
Policing and Crime includes a reference to a person acting as chief executive
in accordance with sub-paragraph (1).
The Deputy Mayor for Policing and Crime
4     (1)
This paragraph applies to the person appointed under section 19 to be the
20
Deputy Mayor for Policing and Crime.
      (2)
None of the following may be appointed as the Deputy Mayor for Policing
and Crime—
(a)
a police and crime commissioner;
(b)
a person who has not attained the age of 18 on the day of
25
appointment;
(c)
a person who is subject to a relevant disqualification;
(d)
a Member of the House of Commons;
(e)
a member of the European Parliament;
(f)
a member of the National Assembly for Wales;
30
(g)
a member of the Scottish Parliament;
(h)
a member of the Northern Ireland Assembly.
      (3)
The terms and conditions of a person who is appointed as the Deputy Mayor
for Policing and Crime must provide for the appointment to end not later
than the day when the current term of office of the occupant of the Mayor’s
35
Office for Policing and Crime ends.
      (4)
If, and for as long as, the person who is Deputy Mayor for Policing and
Crime is a member of the London Assembly, the Deputy Mayor for Policing
and Crime is not to be regarded as a member of staff of the Mayor’s Office
of Policing and Crime.
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      (5)
But sub-paragraph (4) does not prevent the person who is the Deputy Mayor
for Policing and Crime from receiving allowances and gratuities under
paragraph 6.
      (6)
Section 7 of the Local Government and Housing Act 1989 (appointment of
staff on merit) does not apply to the Deputy Mayor for Policing and Crime.
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Police Reform and Social Responsibility Bill
Schedule 3 — Mayor’s Office for Policing and Crime
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      (7)
In this paragraph “current term of office”, in relation to the appointment of
a member of staff by the occupant of the Mayor’s Office for Policing and
Crime, means the occupant’s term of office which is running at the time the
appointment is made.
      (8)
For the purposes of this paragraph, a person is subject to a relevant
5
disqualification if the person is disqualified from being elected as, or being,
a police and crime commissioner under—
(a)
section 66(1), other than paragraph (e)(ii) (police officers, police-
related employment etc); or
(b)
section 67(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,
10
bankruptcy, criminal convictions & corrupt or illegal election
practices).
Notification of appointments
5     (1)
This paragraph applies to every appointment of a member of staff of the
Mayor’s Office for Policing and Crime.
15
      (2)
The Mayor’s Office for Policing and Crime must notify the London
Assembly of—
(a)
the name of the person appointed;
(b)
the post to which the person has been appointed; and
(c)
the terms and conditions on which the person has been appointed.
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      (3)
In this paragraph, a reference to appointment of a person as a member of
staff of the Mayor’s Office for Policing and Crime includes a reference to a
person who is already a member of staff of the Office being appointed to a
different post within the staff of the Office.
Remuneration etc of staff
25
6     (1)
The Mayor’s Office for Policing and Crime may pay remuneration,
allowances and gratuities to the members of the staff of the Office.
      (2)
The Mayor’s Office for Policing and Crime may pay—
(a)
pensions to, or in respect of, persons who have been members of the
staff of the Office, and
30
(b)
amounts for or towards provisions of pensions to, or in respect of,
persons who have been members of the staff of the Office.
      (3)
In this paragraph “allowances”, in relation to a member of the staff of the
Mayor’s Office for Policing and Crime, means allowances in respect of
expenses incurred by the member of staff in the course of employment as
35
such a member of staff.
Incidental powers
7     (1)
The Mayor’s Office for Policing and Crime may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Office.
40
      (2)
That includes—
(a)
entering into contracts and other agreements (whether legally
binding or not);
(b)
acquiring and disposing of property (including land);