|
| |
|
(2) | In such a case, the police and crime commissioner must also notify the |
| |
relevant police and crime panel of the following information— |
| |
(a) | the name of the constable whom the commissioner is proposing to |
| |
appoint (“the candidate”); |
| |
(b) | the criteria used to assess the suitability of the candidate for the |
| 5 |
| |
(c) | why the candidate satisfies those criteria; and |
| |
(d) | the terms and conditions on which the candidate is to be appointed. |
| |
Panel to review and report on proposed appointment |
| |
4 (1) | This paragraph applies if a police and crime panel is notified under |
| 10 |
paragraph 3 of a proposed appointment of a chief constable. |
| |
(2) | The panel must review the proposed appointment. |
| |
(3) | The panel must make a report to the commissioner on the proposed |
| |
| |
(4) | The report must include a recommendation to the police and crime |
| 15 |
commissioner as to whether or not the candidate should be appointed. |
| |
(5) | Sub-paragraph (4) does not apply if the panel vetoes the proposed |
| |
appointment under paragraph 5 (but see paragraph 5(2)). |
| |
(6) | The panel must comply with sub-paragraphs (2) and (3), and sub-paragraph |
| |
(4) (if applicable), within the period of three weeks beginning with the day |
| 20 |
on which the panel receives the notification from the commissioner of the |
| |
| |
(7) | The panel must publish the report to the commissioner made under this |
| |
| |
(8) | It is for the panel to determine the manner in which the recommendation is |
| 25 |
to be published in accordance with sub-paragraph (7). |
| |
(9) | In calculating the period of three weeks for the purpose of sub-paragraph |
| |
(6), any relevant post-election period is to be ignored. |
| |
(10) | For that purpose, “relevant post-election period” means the period that— |
| |
(a) | begins with the day of the poll at an ordinary election of a police and |
| 30 |
crime commissioner under section 50, and |
| |
(b) | ends with the day on which the person elected as police and crime |
| |
commissioner delivers a declaration of acceptance of office under |
| |
| |
Power to veto proposed appointment |
| 35 |
5 (1) | The police and crime panel may, having reviewed the proposed |
| |
appointment, veto the appointment of the candidate. |
| |
(2) | If the panel vetoes the appointment of the candidate, the report made under |
| |
paragraph 4 must include a statement that the panel has vetoed it. |
| |
(3) | References in this Schedule to a police and crime panel vetoing the |
| 40 |
appointment of a candidate are references to the panel making a decision, by |
| |
the required majority, that the candidate should not be appointed as chief |
| |
| |
|
| |
|
| |
|
(4) | For that purpose, the panel makes that decision by the required majority if |
| |
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. |
| |
(5) | The power conferred by this paragraph is exercisable in relation to a |
| |
proposed appointment only during the period of three weeks mentioned in |
| 5 |
| |
| |
6 (1) | A police and crime panel must hold a confirmation hearing— |
| |
(a) | before making a report under paragraph 4 to the police and crime |
| |
commissioner in relation to a proposed appointment of a chief |
| 10 |
| |
(b) | before making a recommendation under paragraph 4 (where |
| |
applicable) or vetoing an appointment under paragraph 5 (where |
| |
| |
(2) | For the purposes of this Part a “confirmation hearing” is a meeting of the |
| 15 |
panel, held in public, at which the candidate is requested to appear for the |
| |
purpose of answering questions relating to the appointment. |
| |
(3) | References in this Part to a person appearing at a meeting of the panel are |
| |
references to the person— |
| |
(a) | attending the meeting in person, or |
| 20 |
(b) | not attending the meeting in person, but participating in the |
| |
proceedings at the meeting by any means that enable the person to |
| |
hear, and be heard in, those proceedings as they happen. |
| |
| |
7 (1) | This paragraph applies if the police and crime panel does not veto the |
| 25 |
appointment of a candidate. |
| |
(2) | The police and crime commissioner may accept or reject the panel’s |
| |
recommendation as to whether or not the candidate should be appointed. |
| |
(3) | The police and crime commissioner must notify the panel of the decision |
| |
whether to accept or reject the recommendation. |
| 30 |
| |
8 (1) | This paragraph applies if the police and crime panel vetoes the appointment |
| |
| |
(2) | The police and crime commissioner must not appoint that candidate as chief |
| |
| 35 |
(3) | Sub-paragraph (2) is subject to regulations under paragraph 10. |
| |
| |
9 (1) | The Secretary of State may make regulations about— |
| |
(a) | the steps that are required to be taken by paragraphs 3 to 8, and |
| |
(b) | procedures that are to be followed in taking such steps. |
| 40 |
|
| |
|
| |
|
(2) | The regulations may, in particular, make provision about the time limits |
| |
applicable in taking steps or following procedures (if, or to the extent that, |
| |
this Part of this Schedule does not make such provision). |
| |
10 (1) | The Secretary of State may make regulations about the appointment of chief |
| |
constables in cases where paragraph 8 applies in relation to the appointment |
| 5 |
of a candidate (the “rejected candidate”). |
| |
(2) | The regulations may make provision about— |
| |
(a) | steps to be taken, and |
| |
(b) | procedures to be followed. |
| |
(3) | That includes provision about the time limits applicable in taking steps or |
| 10 |
| |
(4) | The regulations may make provision about limits on who may be considered |
| |
| |
(5) | That includes provision about limiting consideration for appointment to |
| |
some or all of the persons already considered as part of the process by which |
| 15 |
the rejected candidate was selected for appointment. |
| |
(6) | The regulations may confer functions on— |
| |
(a) | police and crime commissioners, |
| |
(b) | police and crime panels, |
| |
(c) | the Secretary of State, or |
| 20 |
| |
(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 |
| |
| |
| 25 |
Suspension and removal of chief constables |
| |
| |
11 | If a police and crime commissioner suspends a chief constable from duty |
| |
under section 38, the commissioner must notify the relevant police and |
| |
crime panel of the suspension. |
| 30 |
| |
12 (1) | A police and crime commissioner must not call upon a chief constable to |
| |
retire or resign until the end of the scrutiny process has been reached. |
| |
(2) | The end of the scrutiny process is reached when the first of the following |
| |
| 35 |
(a) | the period of six weeks mentioned in paragraph 15(3) has ended |
| |
without the panel having given the police and crime commissioner |
| |
any recommendation as to whether or not the commissioner should |
| |
call for the retirement or resignation; |
| |
(b) | the police and crime commissioner notifies the panel under |
| 40 |
paragraph 16(2) of the decision whether or not to accept the panel’s |
| |
recommendation in relation to the resignation or retirement. |
| |
|
| |
|
| |
|
Removal: notification and representations |
| |
13 (1) | A police and crime commissioner must comply with this paragraph before |
| |
calling upon a chief constable to retire or resign under section 38. |
| |
(2) | The police and crime commissioner must give the chief constable a written |
| |
explanation of the reasons why the commissioner is proposing to call for the |
| 5 |
retirement or resignation. |
| |
(3) | The police and crime commissioner must give the relevant police and crime |
| |
| |
(a) | written notification that the commissioner is proposing to call upon |
| |
the chief constable to retire or resign; and |
| 10 |
(b) | a copy of the reasons given to the chief constable in accordance with |
| |
| |
(4) | The police and crime commissioner must give the chief constable the |
| |
opportunity to make written representations about the proposal to call for |
| |
the chief constable’s resignation or retirement. |
| 15 |
(5) | The police and crime commissioner must— |
| |
(a) | consider any written representations made by the chief constable; |
| |
| |
(b) | give the relevant police and crime panel a copy of any such |
| |
representations made by the chief constable, as soon as practicable |
| 20 |
after the commissioner is given them. |
| |
Removal: further notification |
| |
14 (1) | A police and crime commissioner must comply with this paragraph if, after |
| |
complying with paragraph 13, the police and crime commissioner is still |
| |
proposing to call upon the chief constable to retire or resign under section 38. |
| 25 |
(2) | The police and crime commissioner must notify— |
| |
(a) | the chief constable, and |
| |
(b) | the relevant police and crime panel, |
| |
| that the commissioner is still proposing to call upon the chief constable to |
| |
| 30 |
| |
15 (1) | This paragraph applies if a police and crime panel is given a notification |
| |
| |
(2) | The panel must make a recommendation to the police and crime |
| |
commissioner as to whether or not the commissioner should call for the |
| 35 |
retirement or resignation. |
| |
(3) | The recommendation must be given to the police and crime commissioner in |
| |
writing before the end of the period of six weeks beginning with the day on |
| |
which the panel receives the notification under paragraph 14. |
| |
(4) | Before making the recommendation, the panel— |
| 40 |
(a) | may consult the chief inspector of constabulary, and |
| |
(b) | must hold a scrutiny hearing. |
| |
(5) | The panel must publish the recommendation made under this paragraph. |
| |
|
| |
|
| |
|
(6) | It is for the panel to determine the manner in which the recommendation is |
| |
to be published in accordance with sub-paragraph (5). |
| |
(7) | In calculating the period of six weeks mentioned in sub-paragraph (3), any |
| |
relevant post-election period is to be ignored. |
| |
(8) | For that purpose, “relevant post-election period” means the period that— |
| 5 |
(a) | begins with the day of the poll at an ordinary election of a police and |
| |
crime commissioner under section 50, and |
| |
(b) | ends with the day on which the person elected as police and crime |
| |
commissioner delivers a declaration of acceptance of office under |
| |
| 10 |
(9) | For the purposes of this Part a “scrutiny hearing” is a meeting of the panel, |
| |
held in private, at which the police and crime commissioner or chief |
| |
constable is, or both of them are, requested to appear for the purpose of |
| |
answering questions relating to the proposal to call upon the chief constable |
| |
| 15 |
(10) | References in this Part to a person appearing at a meeting of the panel are |
| |
references to the person— |
| |
(a) | attending the meeting in person, or |
| |
(b) | not attending the meeting in person, but participating in the |
| |
proceedings at the meeting by any means that enable the person to |
| 20 |
hear, and be heard in, those proceedings as they happen. |
| |
Removal: consideration of panel’s recommendation |
| |
16 (1) | The police and crime commissioner— |
| |
(a) | must consider the panel’s recommendation given under paragraph |
| |
| 25 |
(b) | having considered the recommendation, may accept or reject it. |
| |
(2) | The police and crime commissioner must notify the panel of the decision |
| |
whether or not to accept the recommendation. |
| |
| |
Suspension and removal of other senior police officers |
| 30 |
| |
17 | In this Part of this Schedule “senior police officer” means— |
| |
(a) | a deputy chief constable, or |
| |
(b) | an assistant chief constable. |
| |
| 35 |
18 | If a chief constable suspends a senior police from duty under section 39 or |
| |
40, the chief constable must notify the relevant police and crime |
| |
commissioner of the suspension. |
| |
|
| |
|
| |
|
| |
19 (1) | A chief constable must comply with this paragraph before calling upon a |
| |
senior police officer to retire or resign under section 39 or 40. |
| |
(2) | The chief constable must give the senior police officer a written explanation |
| |
of the reasons why the chief constable is proposing to call for the retirement |
| 5 |
| |
(3) | The chief constable must give the senior police officer the opportunity to |
| |
make written representations about the proposal to call for the senior police |
| |
officer’s retirement or resignation. |
| |
(4) | The chief constable must consider any written representations made by the |
| 10 |
| |
20 (1) | This paragraph applies if, after complying with paragraph 19, the chief |
| |
constable is still proposing to call upon the senior police officer to retire or |
| |
resign under section 39 or 40. |
| |
(2) | Before calling for the retirement or resignation, the chief constable must |
| 15 |
consult the relevant police and crime commissioner. |
| |
| |
| |
Supplementary vote system |
| |
| |
1 | This Schedule applies to an election under Chapter 6 of Part 1 of a police and |
| 20 |
crime commissioner for a police area at which there are three or more |
| |
| |
First preference vote and second preference vote |
| |
| |
“first preference vote” means a vote to the extent that it is given so as to |
| 25 |
indicate a first preference from among the candidates to be the police |
| |
| |
“second preference vote” means a vote to the extent that it is given so |
| |
as to indicate a second preference from among the candidates to be |
| |
the police and crime commissioner. |
| 30 |
Candidate with overall majority of first preference votes |
| |
3 | If one of the candidates to be the police and crime commissioner receives |
| |
more than half of all the first preference votes given in the police area, that |
| |
candidate is to be returned as the police and crime commissioner. |
| |
No candidate with overall majority of first preference votes |
| 35 |
4 (1) | If none of the candidates to be the police and crime commissioner receives |
| |
more than half of all the first preference votes given in the police area, the |
| |
following provisions of this paragraph apply. |
| |
|
| |
|
| |
|
(2) | The two candidates who received the greatest number of first preference |
| |
votes given in the police area remain in the contest. |
| |
(3) | If, by reason of an equality of first preference votes, three or more candidates |
| |
are qualified to remain in the contest by virtue of sub-paragraph (2), all of |
| |
them remain in the contest. |
| 5 |
(4) | The other candidates are eliminated from the contest. |
| |
(5) | The number of second preference votes given in the police area for each of |
| |
the candidates remaining in the contest by votes which did not give a first |
| |
preference vote to any of those candidates must be ascertained. |
| |
(6) | That number must be added to the number of first preference votes given for |
| 10 |
that candidate, to give the total number of preference votes for that |
| |
| |
(7) | The person who is to be returned as the police and crime commissioner for |
| |
the police area is that one of the candidates remaining in the contest who has |
| |
the greatest total number of preference votes. |
| 15 |
(8) | If, by reason of an equality of total number of preference votes, two or more |
| |
candidates remaining in the contest each have the greatest total number of |
| |
preference votes, the police area returning officer must decide by lots which |
| |
of them is to be returned as the police and crime commissioner. |
| |
| 20 |
| |
Elections of police and crime commissioners: consequential amendments |
| |
Local Government Act 1972 |
| |
1 | The Local Government Act 1972 is amended as follows. |
| |
2 | In section 67 (consequential and transitional arrangements relating to Part |
| |
4), after subsection (5) insert— |
| 25 |
“(5A) | Without prejudice to subsection (5), an order under section 58 which |
| |
makes provision altering any police areas may make provision as to |
| |
who is to be a police and crime commissioner, including— |
| |
(a) | provision for the police and crime commissioner for a police |
| |
area affected by the order to become the police and crime |
| 30 |
commissioner for a police area resulting from the order; |
| |
(b) | provision for the holding of an election for the police and |
| |
crime commissioner for any police area resulting from the |
| |
| |
(5B) | Such an order which includes provision within subsection (5A)(b) |
| 35 |
may, in particular, require the election in question to be held before |
| |
the alteration of police areas takes effect.” |
| |
Representation of the People Act 1983 |
| |
3 | In section 13B(4) of the Representation of the People Act 1983 (alteration of |
| |
registers: pending elections), omit “and” at the end of paragraph (d) and |
| 40 |
|
| |
|