|
| |
|
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 |
| |
| |
(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 |
| |
| |
(b) | a member of any particular participating authority is appointed as a |
| 15 |
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. |
| |
| |
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 |
| |
| |
(2) | The provision that may be made under this paragraph includes provision |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
(a) | the term of office of the member; |
| |
(b) | resignation, and removal, of the member; |
| |
(c) | conditions for re-appointment of the member. |
| |
| 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 |
| |
| |
| |
12 | All members of a police and crime panel may vote in proceedings of the |
| 20 |
| |
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, |
| |
| 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, |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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). |
| |
| 10 |
14 | A police and crime panel may not exercise any functions other than those |
| |
| |
| |
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 |
| |
| |
(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. |
| |
| |
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 |
| |
| 30 |
(c) | support and guidance to be given to— |
| |
(i) | members of participating authorities, |
| |
(ii) | members of the executives (if any) of participating |
| |
| |
(iii) | officers of participating authorities, |
| 35 |
| in relation to the functions of the police and crime panel. |
| |
| |
18 | In the case of a joint panel, the panel arrangements must make provision |
| |
| |
|
| |
|
| |
|
(a) | how the participating authorities are to meet the costs of the panel, |
| |
| |
(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. |
| |
| |
| |
“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 |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(2) | Expressions used in this Schedule and in section 28 have the same meanings |
| |
in this Schedule as in that section. |
| |
| |
| |
Regulations about complaints and conduct matters |
| |
| 5 |
| |
“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 |
| |
| 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 |
| |
| 15 |
Investigation of serious complaints and conduct matters |
| |
2 (1) | This paragraph applies to— |
| |
(a) | serious complaints, and |
| |
| |
(2) | Regulations must provide for serious complaints and conduct matters to be |
| 20 |
| |
(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 |
| |
| |
(4) | This paragraph does not prevent regulations from making provision |
| |
| 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 |
| |
| |
(5) | Regulations may make provision about what is to be taken to be a criminal |
| |
offence, or other corrupt behaviour, for these purposes. |
| |
|
| |
|
| |
|
(6) | In this paragraph “serious complaint” means a qualifying complaint made |
| |
about conduct which constitutes or involves, or appears to constitute or |
| |
| |
(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 |
| |
| |
| 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 |
| |
(4) | This paragraph does not prevent regulations from making provision |
| |
| |
(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 |
| |
| |
| including provision about the determination of such matters (whether by |
| |
police and crime panels or otherwise). |
| |
| 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 |
| |
| 30 |
| |
4 (1) | Regulations may confer functions on— |
| |
(a) | the Independent Police Complaints Commission, |
| |
| |
(c) | police and crime panels, |
| 35 |
(d) | the Secretary of State, or |
| |
| |
(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. |
| |
|
| |
|
| |
|
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. |
| |
| |
| |
Appointment, suspension and removal of senior police officers |
| |
| 10 |
Appointment of chief constables |
| |
| |
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 |
| |
| 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 |
| |
| |
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 |
| |
| |
|
| |
|