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Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill


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

117

 

a county council or county borough council whose area is the same

as, or included in, the police area.

Appointment of local authority members

5     (1)  

The panel arrangements must make provision about the appointment of,

and holding of office by, the local authority members of the panel.

5

      (2)  

The provision that may be made under this paragraph includes provision

about—

(a)   

the term of office of members of the panel;

(b)   

resignation, and removal, of members of the panel;

(c)   

conditions for re-appointment of members of the panel.

10

      (3)  

In the case of a joint panel to which paragraph 3(3) or 4(3) applies, the panel

arrangements must secure that—

(a)   

at least one member of each participating authority is a member of

the panel, and

(b)   

a member of any particular participating authority is appointed as a

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member of the panel by that authority.

6          

The panel arrangements must secure that, as far as is reasonably practicable,

the local authority members of a police and crime panel (when taken

together) represent all parts of the relevant police area.

7          

The panel arrangements must secure that, as far as is reasonably practicable,

20

the local authority members of a police and crime panel (when taken

together) represent the political make-up of the participating authority, or of

all the participating authorities taken together.

Co-option of members

8     (1)  

The panel arrangements must make provision about the co-option of, and

25

holding of office by, the two co-opted members of the police and crime

panel.

      (2)  

The provision that may be made under this paragraph includes provision

about—

(a)   

the term of office of the co-opted members;

30

(b)   

resignation, and removal, of co-opted members;

(c)   

conditions for re-appointment of co-opted members.

9          

A person may not be a co-opted member of a police and crime panel if the

person is any of the following—

(a)   

a member of the police and crime commissioner’s staff;

35

(b)   

a member of the civilian staff of the relevant police force;

(c)   

a member of a participating authority;

(d)   

a Member of the House of Commons;

(e)   

a member of the National Assembly for Wales;

(f)   

a member of the Scottish Parliament;

40

(g)   

a member of the European Parliament.

 
 

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

118

 

Appointment of local elected representatives in Wales

10    (1)  

The panel arrangements for a police and crime panel in Wales must make

provision about the holding of office by the member of the panel who is the

local elected representative.

      (2)  

The provision that may be made under this paragraph includes provision

5

about—

(a)   

the term of office of the member;

(b)   

resignation, and removal, of the member;

(c)   

conditions for re-appointment of the member.

Skills etc of members

10

11    (1)  

In co-opting members, the panel must secure that, as far as is reasonably

practicable, the members of the panel have, between them, the skills,

knowledge and experience necessary for the police and crime panel to

discharge its functions effectively.

      (2)  

The panel arrangements must secure that, as far as is reasonably practicable,

15

the members of the panel have, between them, the skills, knowledge and

experience necessary for the police and crime panel to discharge its

functions effectively.

Voting by members

12         

All members of a police and crime panel may vote in proceedings of the

20

panel.

Exercise of special functions

13    (1)  

The special functions of a police and crime panel may only be exercised at a

meeting of the whole panel.

      (2)  

In the case of a police and crime panel in Wales—

25

(a)   

the function conferred by virtue of section 5A(7) of the Crime and

Disorder Act 1998 of determining whether to agree to become a party

to a combination agreement (within the meaning of that section)—

(i)   

may also only be exercised at a meeting of the whole panel,

and

30

(ii)   

may be exercised so as to agree to become a party to a

combination agreement only by a unanimous vote; and

(b)   

the function conferred by section 7(1C) of that Act of determining

whether to consent to the issuing of a requirement for a report under

subsection (1A) of that section—

35

(i)   

may also only be exercised at a meeting of the whole panel,

and

(ii)   

may be exercised so as to consent to the issuing of a

requirement for a report only by a unanimous vote.

      (3)  

Sub-paragraphs (1) and (2) are without prejudice to rules of procedure about

40

the quorum of a meeting of the whole panel.

      (4)  

References in this paragraph to a unanimous vote, in relation to a decision

by a meeting of a police and crime panel whether to exercise of a function in

 
 

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

119

 

a particular way, are references to all the members of the panel who are

attending the meeting voting in favour of the function being exercised in

that way.

      (5)  

In this paragraph “special functions” means the functions conferred on a

police and crime panel by—

5

(a)   

section 28(2) (scrutiny of police and crime plan),

(b)   

section 28(3) (scrutiny of annual report),

(c)   

Schedule 5 (scrutiny of proposed precept), and

(d)   

Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

Functions

10

14         

A police and crime panel may not exercise any functions other than those

conferred by this Act.

Rules of procedure

15    (1)  

A police and crime panel must make rules of procedure for the panel.

      (2)  

A police and crime panel’s rules of procedure must make provision about

15

the appointment, resignation and removal of a person to chair the panel.

      (3)  

The police and crime panel’s rules of procedure may, in particular, make

provision about—

(a)   

the method of making decisions, and

(b)   

the formation of sub-committees.

20

      (4)  

A sub-committee of a police and crime panel may not co-opt members.

      (5)  

This paragraph is subject to paragraph 13.

Allowances

16         

The panel arrangements may make provision about the payment of

allowances to members of the police and crime panel.

25

Promotion of, and support, for panels

17         

The panel arrangements must make provision for—

(a)   

the role of the police and crime panel to be promoted;

(b)   

administrative and other support to be given to the police and crime

panel and its members;

30

(c)   

support and guidance to be given to—

(i)   

members of participating authorities,

(ii)   

members of the executives (if any) of participating

authorities, and

(iii)   

officers of participating authorities,

35

   

in relation to the functions of the police and crime panel.

Costs of the panel

18         

In the case of a joint panel, the panel arrangements must make provision

about—

 
 

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

120

 

(a)   

how the participating authorities are to meet the costs of the panel,

and

(b)   

insofar as the provision is necessary, how funds paid (whether by the

Secretary of State or otherwise) to meet the costs of the panel are to

be paid to, or distributed between, the participating authorities.

5

Joint panels: making panel arrangements

19         

In the case of a joint panel, all participating authorities must agree to the

making or modification of panel arrangements.

Exercise of functions by local authorities with executive arrangements

20    (1)  

Functions of local authorities in relation to police and crime panels are, in the

10

case of local authorities with executive arrangements, functions that may

(but need not be) functions of the executive.

      (2)  

Expressions used in this paragraph and in Part 2 of the Local Government

Act 2000 have the same meanings in this paragraph as in that Part.

Application of other legislation

15

21         

The Secretary of State may, by regulations—

(a)   

amend or otherwise modify any enactment applying to committees

of local authorities in its application to police and crime panels, and

(b)   

provide for any enactment which applies to committees of local

authorities (but not to police and crime panels) to apply (with or

20

without modifications) to police and crime panels.

Interpretation

22    (1)  

In this Schedule—

“co-opted member”, in relation to a police and crime panel, means a

person who is member of the panel by virtue of sub-paragraph (b)

25

of—

(a)   

paragraph 3(1), (2), (3) or (4), or

(b)   

paragraph 4(1), (2), (3) or (4);

“local authority member”, in relation to a police and crime panel,

means a person who is member of the panel by virtue of sub-

30

paragraph (a) of—

(a)   

paragraph 3(1), (2), (3) or (4), or

(b)   

paragraph 4(1), (2), (3) or (4);

“joint panel” means a police and crime panel established by two or

more local authorities;

35

“panel arrangements”, in relation to a police and crime panel, means

the arrangements made by the participating authority, or

participating authorities, under which the panel is established;

“participating authority”, in relation to a police and crime panel, means

the local authority, or each local authority, which is covered by the

40

police area to which the panel relates;

“single-authority panel” means a police and crime panel established by

one local authority.

 
 

Police Reform and Social Responsibility Bill
Schedule 7 — Regulations about complaints and conduct matters

121

 

      (2)  

Expressions used in this Schedule and in section 28 have the same meanings

in this Schedule as in that section.

Schedule 7

Section 31

 

Regulations about complaints and conduct matters

Introduction

5

1     (1)  

In this Schedule—

“conduct matter” has the same meaning as in section 31;

“police force” means a police force maintained for a police area in

England or Wales or any other police force which exercises functions

in England or Wales;

10

“qualifying complaint” has the same meaning as in section 31;

“regulations” means regulations under section 31.

      (2)  

The provisions of this Schedule that confer power to make particular kinds

of regulations do not affect the generality of the power conferred by section

31.

15

Investigation of serious complaints and conduct matters

2     (1)  

This paragraph applies to—

(a)   

serious complaints, and

(b)   

conduct matters.

      (2)  

Regulations must provide for serious complaints and conduct matters to be

20

investigated—

(a)   

by the Independent Police Complaints Commission, or

(b)   

by a police force, in an investigation that is under the management of

the Independent Police Complaints Commission.

      (3)  

This paragraph does not prevent regulations from making provision about

25

the receipt or initial handling of serious complaints or conduct matters

otherwise than by the Independent Police Complaints Commission or a

police force.

      (4)  

This paragraph does not prevent regulations from making provision

about—

30

(a)   

circumstances in which serious complaints or conduct matters are

not to be investigated; and

(b)   

circumstances in which investigations of serious complaints or

conduct matters are to be discontinued;

           

including provision about the determination of such matters (whether by

35

the Independent Police Complaints Commission, a police force or

otherwise).

      (5)  

Regulations may make provision about what is to be taken to be a criminal

offence, or other corrupt behaviour, for these purposes.

 
 

Police Reform and Social Responsibility Bill
Schedule 7 — Regulations about complaints and conduct matters

122

 

      (6)  

In this paragraph “serious complaint” means a qualifying complaint made

about conduct which constitutes or involves, or appears to constitute or

involve—

(a)   

the commission of a criminal offence, or

(b)   

other corrupt behaviour.

5

Resolution of other complaints

3     (1)  

This paragraph applies in relation to qualifying complaints which are not, or

cease to be, investigated by the Independent Police Complaints Commission

or a police force.

      (2)  

Regulations—

10

(a)   

may not provide for the investigation of such complaints; but

(b)   

must provide for police and crime panels to engage in informal

resolution of such complaints.

      (3)  

This paragraph does not prevent regulations from making provision about

the receipt or initial handling of qualifying complaints otherwise than by

15

police and crime panels.

      (4)  

This paragraph does not prevent regulations from making provision

about—

(a)   

circumstances in which police and crime panels are not required to

engage in informal resolution of such complaints; and

20

(b)   

circumstances in which informal resolution of such complaints is to

be discontinued;

           

including provision about the determination of such matters (whether by

police and crime panels or otherwise).

      (5)  

In this Schedule—

25

(a)   

references to engaging in informal resolution of a complaint are

references to encouraging, facilitating, or otherwise assisting in, the

resolution of the complaint otherwise than by legal proceedings; and

(b)   

references to informal resolution of a complaint are to be construed

accordingly.

30

Conferral of functions

4     (1)  

Regulations may confer functions on—

(a)   

the Independent Police Complaints Commission,

(b)   

a police force,

(c)   

police and crime panels,

35

(d)   

the Secretary of State, or

(e)   

any other person.

      (2)  

That includes functions involving the exercise of a discretion.

No power to terminate holding of office or employment

5          

Regulations may not provide for a police and crime commissioner—

40

(a)   

to cease to hold office, or

(b)   

to be required to cease to hold office.

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables

123

 

Application and amendment of other enactments

6     (1)  

Regulations may apply (with or without modifications), or amend or

otherwise modify, Part 2 of the Police Reform Act 2002.

      (2)  

Regulations may apply (with or without modifications) such other

enactments, or make such amendments or other modifications of other

5

enactments, as appear to the Secretary of State to be necessary or expedient

in connection with, or in consequence of, regulations.

Schedule 8

Section 38

 

Appointment, suspension and removal of senior police officers

Part 1

10

Appointment of chief constables

Introduction

1          

A police and crime commissioner must comply with this Part of this

Schedule in appointing a chief constable under section 38.

No appointment until end of confirmation process

15

2     (1)  

A police and crime commissioner must not appoint a constable to be chief

constable until the end of the confirmation process has been reached.

      (2)  

The end of the confirmation process is reached—

(a)   

in a case where paragraph 7 applies, when the first of the events

mentioned in sub-paragraphs (3) and (4) occurs; or

20

(b)   

in a case where paragraph 8 applies, when the first of the events

mentioned in sub-paragraphs (3) and (5) occurs.

      (3)  

The first event mentioned in sub-paragraphs (2)(a) and (2)(b) is the period of

three weeks mentioned in paragraph 4(6) ending without the relevant police

and crime panel having given the police and crime commissioner any report

25

on the proposed appointment.

      (4)  

The second event mentioned in sub-paragraph (2)(a) is the police and crime

commissioner notifying the panel under paragraph 7(3) of the decision

whether or not to accept the panel’s recommendation in relation to the

appointment.

30

      (5)  

The second event mentioned in sub-paragraph (2)(b) is the end of the

confirmation process being reached in accordance with regulations under

paragraph 10.

Notification of proposed appointment

3     (1)  

A police and crime commissioner must notify the relevant police and crime

35

panel of each proposed appointment of a chief constable by the

commissioner.

 
 

 
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Revised 18 February 2011