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 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables
124

      (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
appointment;
(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
appointment.
      (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
proposed appointment.
      (7)
The panel must publish the report to the commissioner made under this
paragraph.
      (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
section 71.
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
constable.

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables
125

      (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
paragraph 4(6).
Confirmation hearings
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
constable, and
(b)
before making a recommendation under paragraph 4 (where
applicable) or vetoing an appointment under paragraph 5 (where
applicable).
      (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.
Next steps if no veto
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
Next steps if veto
8     (1)
This paragraph applies if the police and crime panel vetoes the appointment
of a candidate.
      (2)
The police and crime commissioner must not appoint that candidate as chief
constable.
35
      (3)
Sub-paragraph (2) is subject to regulations under paragraph 10.
Regulations
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

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 2 — Suspension and removal of chief constables
126

      (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
following procedures.
      (4)
The regulations may make provision about limits on who may be considered
for appointment.
      (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
(d)
any other person.
      (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).
Part 2
25
Suspension and removal of chief constables
Suspension
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
Removal: general
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
events occurs—
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.

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 2 — Suspension and removal of chief constables
127

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
panel—
(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
sub-paragraph (1).
      (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;
and
(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
retire or resign.
30
Removal: role of panel
15    (1)
This paragraph applies if a police and crime panel is given a notification
under paragraph 14.
      (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.

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 3 — Suspension and removal of other senior police officers
128

      (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
section 71.
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
to retire or resign.
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
15, and
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.
Part 3
Suspension and removal of other senior police officers
30
Senior police officers
17
In this Part of this Schedule “senior police officer” means—
(a)
a deputy chief constable, or
(b)
an assistant chief constable.
Suspension
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.

Police Reform and Social Responsibility Bill
Schedule 9 — Supplementary vote system
129

Removal
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
or resignation.
      (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
senior police officer.
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.
Schedule 9
Section 57

Supplementary vote system
Application
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
candidates.
First preference vote and second preference vote
2
In this Schedule—
“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
and crime commissioner;
“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.

Police Reform and Social Responsibility Bill
Schedule 10 — Elections of police and crime commissioners: consequential amendments
130

      (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
candidate.
      (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.
Schedule 10
20
Section 76

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
order.
(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