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 4 — Commissioner of Police of the Metropolis
110

(c)
borrowing money.
      (3)
This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Mayor’s Office for Policing and Crime.
Protection from personal liability
8     (1)
A person who is the occupant of the Mayor’s Office for Policing and Crime
5
has no personal liability for an act or omission done by the person in the
exercise of the functions of the office unless it is shown to have been done
otherwise than in good faith.
      (2)
A person who is a member of staff of the Mayor’s Office for Policing and
Crime has no personal liability for an act or omission done by the person in
10
the carrying out of duties as a member of staff unless it is shown to have been
done otherwise than in good faith.
Financial year
9     (1)
The first financial year of the Mayor’s Office for Policing and Crime is the
period that—
15
(a)
begins with the day on which section 3 comes into force, and
(b)
ends with the relevant 31 March.
      (2)
After that, the financial year of the Mayor’s Office for Policing and Crime is
the period of 12 months ending with 31 March.
      (3)
In this paragraph “relevant 31 March”, in relation to the first financial year
20
of the Mayor’s Office for Policing and Crime, means—
(a)
if that financial year begins on or before 1 October, the first 31 March
that falls after the beginning of the financial year;
(b)
if that financial year begins after 1 October, the second 31 March that
falls after the beginning of the financial year.
25
Schedule 4
Section 4

Commissioner of Police of the Metropolis
Civilian staff
1     (1)
The Commissioner of Police of the Metropolis must appoint a person to be
responsible for the proper administration of the metropolitan police force’s
30
financial affairs (referred to in this Part as the metropolitan police force’s
chief finance officer).
      (2)
The Commissioner of Police of the Metropolis may appoint such other staff
as the Commissioner thinks appropriate—
(a)
to enable the Commissioner to exercise the Commissioner’s
35
functions, or
(b)
otherwise to assist the metropolitan police force.
      (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

Police Reform and Social Responsibility Bill
Schedule 4 — Commissioner of Police of the Metropolis
111

having responsibility for the administration of financial affairs mentioned in
that section.
Remuneration etc of staff
2     (1)
The Commissioner of Police of the Metropolis may pay remuneration,
allowances and gratuities to the members of the metropolitan police force’s
5
staff.
      (2)
The Commissioner of Police of the Metropolis may pay—
(a)
pensions to, or in respect of, persons who have been members of the
metropolitan police force’s staff, and
(b)
amounts for or towards provisions of pensions to, or in respect of,
10
persons who have been members of the metropolitan police force’s
staff.
      (3)
In this paragraph “allowances”, in relation to a member of a metropolitan
police force’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.
15
Incidental powers
3     (1)
The Commissioner of Police of the Metropolis may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Commissioner.
      (2)
That includes—
20
(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 Mayor’s Office for Policing and Crime;
(c)
borrowing money, but only with the consent of the Mayor’s Office
25
for Policing and Crime.
      (3)
This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Commissioner.
Damages and costs in legal proceedings
4     (1)
The following amounts must be paid out of the police fund kept by the
30
Mayor’s Office for Policing and Crime—
(a)
any damages or costs awarded against the Commissioner of Police of
the Metropolis in any proceedings brought against the
Commissioner in respect of the acts or omissions of a member of the
metropolitan police force’s civilian staff;
35
(b)
any costs incurred by the Commissioner of Police of the Metropolis
in any such proceedings so far as not recovered by the Commissioner
in the proceedings; and
(c)
any sum required in connection with the settlement of any claim
made against the Commissioner of Police of the Metropolis in respect
40
of the acts or omissions of a member of the metropolitan police
force’s civilian staff, if the settlement is approved by the Mayor’s
Office for Policing and Crime.

Police Reform and Social Responsibility Bill
Schedule 5 — Issuing precepts
112

      (2)
The Mayor’s Office for Policing and Crime may, in such cases and to such
extent as appear to the Office to be appropriate, pay out of the police fund
kept by the Office—
(a)
any damages or costs awarded against a member of the metropolitan
police force’s civilian staff in proceedings for any unlawful conduct
5
of that person;
(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.
10
Disciplinary action etc
5
Section 4(1) does not affect the application of regulations under section 50 of
the Police Act 1996 to the constable who occupies the office of Commissioner
of Police of the Metropolis.
Schedule 5
15
Section 26

Issuing precepts
Introduction
1     (1)
A police and crime commissioner may not issue a precept under section 40
of the Local Government Finance Act 1992 for a financial year until the end
of the scrutiny process is reached.
20
      (2)
The end of the scrutiny process is reached when—
(a)
in a case where paragraph 5 applies, the police and crime
commissioner gives the police and crime panel a response to the
panel’s report; or
(b)
in a case where paragraph 6 applies, the end of the process is reached
25
in accordance with regulations under paragraph 8.
      (3)
References in this Schedule to the issuing of a precept include references to
the issuing of a substitute precept.
Commissioner to notify panel of proposed precept
2
The police and crime commissioner must notify the relevant police and
30
crime panel of the precept which the commissioner is proposing to issue for
the financial year (the “proposed precept”).
Panel to review proposed precept
3     (1)
The police and crime panel must review the proposed precept notified to it
under paragraph 2.
35
      (2)
The panel must make a report to the commissioner on the proposed precept.
      (3)
The report may include recommendations, including recommendations as
to the precept that should be issued for the financial year.

Police Reform and Social Responsibility Bill
Schedule 5 — Issuing precepts
113

Panel’s power to veto precept
4     (1)
The police and crime panel may, having reviewed the proposed precept,
veto the proposed precept.
      (2)
If the panel vetoes the proposed precept, the report made under paragraph
3 must include a statement that the panel has vetoed it.
5
      (3)
References in this Schedule to a police and crime panel vetoing a proposed
precept are references to the panel making a decision, by the required
majority, that the proposed precept should not be the precept for the
financial year.
      (4)
For that purpose, the panel makes that decision by the required majority if
10
at least three-quarters of the persons who are members of the panel at the
time when the decision is made vote in favour of making that decision.
Next steps if no veto
5     (1)
This paragraph applies if the police and crime panel does not veto the
proposed precept.
15
      (2)
The police and crime commissioner must—
(a)
have regard to the report made by the panel under paragraph 3
(including any recommendations in the report),
(b)
give the panel a response to the report (and any such
recommendations), and
20
(c)
publish the response.
      (3)
The police and crime commissioner may—
(a)
issue the proposed precept as the precept for the financial year, or
(b)
issue a different precept, but only if it would be in accordance with a
recommendation made in the report to do so.
25
      (4)
It is for the police and crime panel to determine the manner in which a
response to a report or recommendations is to be published in accordance
with sub-paragraph (2)(c).
Next steps if veto
6     (1)
This paragraph applies if the police and crime panel vetoes the proposed
30
precept.
      (2)
The police and crime commissioner must not issue the proposed precept as
the precept for the financial year.
      (3)
The police and crime commissioner must—
(a)
have regard to the report made by the panel under paragraph 3
35
(including any recommendations in the report),
(b)
give the panel a response to the report (and any such
recommendations), and
(c)
publish the response.
      (4)
It is for the police and crime panel to determine the manner in which a
40
response to a report or recommendations is to be published in accordance
with sub-paragraph (3)(c).

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
114

      (5)
Sub-paragraph (2) is subject to regulations under paragraph 8.
Regulations
7     (1)
The Secretary of State may make regulations about—
(a)
the steps that are required to be taken by paragraphs 2 to 6, and
(b)
procedures that are to be followed in taking such steps.
5
      (2)
The regulations may, in particular, make provision about the time limits
applicable in taking steps or following procedures.
8     (1)
The Secretary of State may make regulations about the issuing of precepts in
cases where paragraph 6 applies.
      (2)
The regulations may make provision about—
10
(a)
steps to be taken, and
(b)
procedures to be followed.
      (3)
That includes provision about the time limits applicable in taking steps or
following procedures.
      (4)
The regulations may make provision about limits on the precept that may be
15
issued.
      (5)
That includes provision about the calculation of limits by reference to—
(a)
one or more previous precepts,
(b)
the proposed precept, or
(c)
any other matters.
20
      (6)
The regulations may confer functions on—
(a)
police and crime commissioners,
(b)
police and crime panels,
(c)
the Secretary of State, or
(d)
any other person.
25
      (7)
That includes functions involving the exercise of a discretion.
      (8)
Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph
(1).
Schedule 6
Section 28

Police and crime panels
30
Introduction
1
This Schedule applies in relation to police and crime panels established
under section 28.
Status
2
A police and crime panel is—
35
(a)
a committee of the participating authority (if it is a single-authority
panel); or

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
115

(b)
a joint committee of the participating authorities (if it is a joint panel).
Membership: England
3     (1)
In the case of a single-authority panel for a police area in England, the police
and crime panel is to consist of—
(a)
ten members appointed from among the members of the
5
participating authority by that authority, and
(b)
two members co-opted by the panel.
      (2)
In the case of a joint panel for a police area in England with ten participating
authorities, the police and crime panel is to consist of—
(a)
ten members, each of whom is appointed by a different participating
10
authority from among the members of that participating authority,
and
(b)
two members co-opted by the panel.
      (3)
In the case of a joint panel for a police area in England with nine or fewer
participating authorities, the police and crime panel is to consist of—
15
(a)
ten members appointed by the participating authorities from among
the members of the participating authorities, and
(b)
two members co-opted by the panel.
      (4)
In the case of a joint panel for a police area in England with eleven or more
participating authorities, the police and crime panel is to consist of—
20
(a)
the relevant number of members, each of whom is appointed by a
different participating authority from among the members of that
participating authority, and
(b)
two members co-opted by the panel.
      (5)
In sub-paragraph (4), “relevant number”, in relation to a joint panel, means
25
the number that is equal to the number of participating authorities.
      (6)
In a case where a participating authority in England has a mayor and cabinet
executive—
(a)
references in this Schedule to the members of the participating
authority include the elected mayor, and
30
(b)
the panel arrangements relating to the relevant police and crime
panel must secure that the elected mayor is the member, or one of the
members, of the participating authority who is appointed by the
authority as a member of the panel.
      (7)
In sub-paragraph (6)—
35
(a)
“mayor and cabinet executive” and “elected mayor” have the same
meanings as in Part 2 of the Local Government Act 2000;
(b)
“relevant police and crime panel”, in relation to a participating
authority, means the police and crime panel for the police area which
covers the participating authority.
40
      (8)
The police and crime commissioner for a police area may not be a member
of the police and crime panel for that area.

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
116

Membership: Wales
4     (1)
In the case of a single-authority panel for a police area in Wales, the police
and crime panel is to consist of—
(a)
ten members appointed from among the members of the
participating authority by that authority,
5
(b)
two members co-opted by the panel, and
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
      (2)
In the case of a joint panel for a police area in Wales with ten participating
authorities, the police and crime panel is to consist of—
10
(a)
ten members, each of whom is appointed by a different participating
authority from among the members of that participating authority,
(b)
two members co-opted by the panel, and
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
15
      (3)
In the case of a joint panel for a police area in Wales with nine or fewer
participating authorities, the police and crime panel is to consist of—
(a)
ten members appointed by the participating authorities from among
the members of the participating authorities,
(b)
two members co-opted by the panel, and
20
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
      (4)
In the case of a joint panel for a police area in Wales with eleven or more
participating authorities, the police and crime panel is to consist of—
(a)
the relevant number of members, each of whom is appointed by a
25
different participating authority from among the members of that
participating authority,
(b)
two members co-opted by the panel, and
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
30
      (5)
In sub-paragraph (4), “relevant number”, in relation to a joint panel, means
the number that is equal to the number of participating authorities.
      (6)
The police and crime commissioner for a police area may not be a member
of the police and crime panel for that area.
      (7)
In this Schedule “local elected representative”, in relation to the police and
35
crime panel for a police area, means any of the following—
(a)
a person who is a member of the National Assembly of Wales for an
Assembly constituency which falls wholly or partly within the police
area;
(b)
a person who is a member of the National Assembly of Wales for an
40
Assembly electoral region whose area is the same as, includes part of,
or is included in, the police area;
(c)
a person who is a member of a county council or county borough
council whose area is the same as, or included in, the police area;
(d)
a person who is the elected mayor of the mayor and cabinet executive
45
(within the meaning of Part 2 of the Local Government Act 2000) of