Police Reform and Social Responsibility Bill

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
22

(a)
the commissioner has been charged in the United Kingdom, the
Channel Islands or the Isle of Man with an offence, and
(b)
the offence is one which carries a maximum term of imprisonment
exceeding two years.
(2)
The suspension of the police and crime commissioner ceases to have effect
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upon the occurrence of the earliest of these events—
(a)
the charge being dropped;
(b)
the police and crime commissioner being acquitted of the offence;
(c)
the police and crime commissioner being convicted of the offence but
not being disqualified under section 67 by virtue of the conviction;
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(d)
the termination of the suspension by the police and crime panel.
(3)
For the purposes of salary, pensions and allowances in respect of times during
a period of suspension, the police and crime commissioner is to be treated as
not holding that office during that suspension.
(4)
In this section references to an offence which carries a maximum term of
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imprisonment of two years or more are references—
(a)
to an offence which carries such a maximum term in the case of a
person who has attained the age of 18 years, or
(b)
to an offence for which, in the case of such a person, the sentence is
fixed by law as life imprisonment.
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Conduct of police and crime commissioners
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Conduct of commissioners
(1)
The Secretary of State may, by regulations, make provision about—
(a)
the making and handling of complaints about the conduct of police and
crime commissioners (“qualifying complaints”);
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(b)
the recording of matters in the case of which there is an indication
(whether from the circumstances or otherwise) that a police and crime
commissioner may have committed a criminal offence or engaged in
other corrupt behaviour (“conduct matters”);
(c)
the manner in which qualifying complaints and conduct matters are
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investigated or otherwise dealt with.
(2)
Schedule 7 (regulations about complaints and conduct matters) has effect.
Scrutiny of Mayor’s Office for Policing and Crime
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London Assembly police and crime panel
(1)
The London Assembly must arrange for the functions referred to in subsection
35
(2) to be discharged on its behalf by a particular committee of the Assembly
(the “police and crime panel”).
(2)
Those functions (“the police and crime panel functions”) are—
(a)
the functions conferred on the Assembly by section 33;
(b)
the functions conferred on the Assembly by section 60A of, and
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Schedule 4A to, the 1999 Act in relation to the appointment of the

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
23

Deputy Mayor for Policing and Crime by the Mayor’s Office for
Policing and Crime.
(3)
The London Assembly may not arrange for the police and crime panel
functions to be discharged on its behalf otherwise than in accordance with
subsection (1).
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(4)
The London Assembly may not arrange for any of its other functions to be
discharged by the police and crime panel.
(5)
The special scrutiny functions may only be exercised at a meeting of the whole
panel; but that is without prejudice to rules of procedure about the quorum of
a meeting of the whole panel.
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(6)
The enactments applying to committees of the Greater London Authority,
apart from the excluded provisions, apply to the police and crime panel as if
the police and crime panel functions were to be discharged by the panel by
virtue of arrangements under section 54(1)(a) of the 1999 Act.
(7)
In subsection (6), “excluded provisions” means the following provisions of the
15
1999 Act—
(a)
section 54(5), so far as it provides for the London Assembly to retain
power to exercise functions delegated to a committee;
(b)
section 55 (Assembly committees and sub-committees).
(8)
The enactments conferring, or relating to, the police and crime panel functions
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are to be read with the appropriate modifications; in particular—
(a)
references to the London Assembly are to be read as references to the
police and crime panel; and
(b)
references to proceedings of the London Assembly are to be read as
references to proceedings of the police and crime panel.
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(9)
For the purposes of subsection (8), references to the police and crime panel
include references to a sub-committee or member (if any) by whom functions
are to be discharged in accordance with section 54(3) of the 1999 Act.
(10)
In this section—
“1999 Act” means the Greater London Authority Act 1999;
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“special scrutiny functions” means the functions conferred—
(a)
by section 33(1), or
(b)
by section 60A of, and Schedule 4A to, the 1999 Act in relation
to the appointment of the Deputy Mayor for Policing and Crime
by the Mayor’s Office for Policing and Crime.
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33
Functions to be discharged by police and crime panel
(1)
The London Assembly must—
(a)
review the draft police and crime plan, or draft variations, given to the
Assembly by the Mayor’s Office for Policing and Crime in accordance
with section 6(6)(c), and
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(b)
make a report or recommendations on the draft plan or variations to the
Mayor’s Office for Policing and Crime.
(2)
The London Assembly must keep under review the exercise of the functions of
the Mayor’s Office for Policing and Crime, insofar as the Assembly is not

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 4 — Accountability of elected local policing bodies
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otherwise required to do so by the other provisions of this section or by
Schedule 4A to the 1999 Act.
(3)
For the purposes of subsection (2), the powers of the London Assembly
include, in particular, power to investigate, and prepare reports about—
(a)
any actions and decisions of the Mayor’s Office for Policing and Crime;
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(b)
any actions and decisions of the Deputy Mayor for Policing and Crime;
(c)
any actions and decisions of a member of staff of the Mayor’s Office for
Policing and Crime;
(d)
matters relating to the functions of the Mayor’s Office for Policing and
Crime;
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(e)
matters in relation to which the functions of the Mayor’s Office for
Policing and Crime are exercisable; or
(f)
any other matters which the Assembly considers to be of importance to
policing and crime reduction in the metropolitan police district.
(4)
The London Assembly may submit proposals to the Mayor’s Office for
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Policing and Crime.
(5)
The London Assembly may require a person referred to in subsection (6)—
(a)
to attend proceedings of the Assembly for the purpose of giving
evidence, or
(b)
to produce to the Assembly documents in the person’s possession or
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under the person’s control.
(6)
Those persons are—
(a)
the Deputy Mayor for Policing and Crime;
(b)
any member of the staff of the Mayor’s Office for Policing and Crime;
(c)
the person who is the occupant of the Mayor’s Office for Policing and
25
Crime;
(d)
any person who has within the 8 years prior to the date of the
requirement to be imposed under subsection (5) been the Deputy
Mayor for Policing and Crime or the occupant of the Mayor’s Office for
Policing and Crime.
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(7)
Nothing in subsection (5) requires a member of the staff of the Mayor’s Office
for Policing and Crime to give any evidence, or produce any document, which
discloses advice given to the Mayor’s Office for Policing and Crime by that
person.
(8)
The following provisions of the 1999 Act apply (with appropriate
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modifications) to a requirement under subsection (5) as they apply to a
requirement under section 61(1) of the 1999 Act—
(a)
section 61(14) (meaning of document etc);
(b)
section 62(3) to (6) (procedure for requiring attendance);
(c)
section 63 (restriction of information);
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(d)
section 64 (failure to attend proceedings);
(e)
section 65 (openness).
(9)
In this section “1999 Act” means the Greater London Authority Act 1999.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies
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Chapter 5
Police forces in areas with elected local policing bodies
Chief officers of police
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Engagement with local people
(1)
A chief officer of police must make arrangements for obtaining the views of
5
persons within each neighbourhood in the relevant police area about crime
and disorder in that neighbourhood.
(2)
A chief officer of police must make arrangements for providing persons within
each neighbourhood in the relevant police area with information about
policing in that neighbourhood (including information about how policing in
10
that neighbourhood is aimed at dealing with crime and disorder there).
(3)
Arrangements under this section must provide for, or include arrangements
for, the holding in each neighbourhood of regular meetings between—
(a)
persons within that neighbourhood, and
(b)
police officers with responsibility for supervising or carrying out
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policing in that neighbourhood.
(4)
It is for a chief officer of police to determine what the neighbourhoods are in
the relevant police area.
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Value for money
(1)
In exercising functions, a chief officer of police must secure that good value for
20
money is obtained.
(2)
That includes securing that the persons under the direction and control of the
chief officer of police obtain good value for money in exercising their functions.
36
Reports for elected local policing bodies
(1)
A chief officer of police must give the relevant elected local policing body such
25
reports on policing matters that the body may require the chief officer to give.
(2)
A report must be in the form (if any) specified by the elected local policing
body.
(3)
The elected local policing body may—
(a)
arrange for a report to be published, or
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(b)
require the chief officer of police to arrange for a report to be published.
(4)
It is for the elected local policing body to determine the manner in which a
report is to be published in accordance with subsection (3)(a) or (b).
(5)
In this section “policing matters” means matters connected with the policing of
the relevant police area.
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Appointment of persons not employed by chief officers of police
(1)
This section applies where a chief officer of police is required or authorised by
any Act—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies
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(a)
to appoint a person to a specified post in the relevant police force, or a
specified post in the civilian staff of the relevant police force, or
(b)
to designate a person as having specified duties or responsibilities.
(2)
The chief officer of police may appoint or designate a person whether or not the
person is already a member of staff of the police force.
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(3)
Subsection (2) has effect in spite of any provision to the contrary in the Act that
is mentioned in subsection (1).
Police forces outside London
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Appointment, suspension and removal of chief constables
(1)
The police and crime commissioner for a police area is to appoint the chief
10
constable of the police force for that area.
(2)
The police and crime commissioner for a police area may suspend from duty
the chief constable of the police force for that area.
(3)
The police and crime commissioner for a police area may call upon the chief
constable of the police force for that area to resign or retire.
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(4)
The chief constable must retire or resign if called upon to do so by the relevant
police and crime commissioner in accordance with subsection (3).
(5)
Schedule 8 (appointment, suspension and removal of senior police officers) has
effect.
(6)
This section is subject to Parts 1 and 2 of Schedule 8.
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(7)
This section and Schedule 8 are subject to regulations under section 50 of the
Police Act 1996.
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Deputy chief constables
(1)
Each police force must have one or more deputy chief constables.
(2)
The chief constable of a police force must consult the relevant police and crime
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commissioner before increasing the number of deputy chief constables which
the force has.
(3)
The chief constable of a police force must consult the relevant police and crime
commissioner before appointing a person to be a deputy chief constable of the
force.
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(4)
The chief constable of a police force may suspend from duty a deputy chief
constable of that police force.
(5)
The chief constable of a police force may call upon a deputy chief constable of
that police force to resign or retire.
(6)
A deputy chief constable must resign or retire if called upon to do so by the
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chief constable in accordance with subsection (5).
(7)
Subsections (3) to (6) are subject to regulations under section 50 of the Police
Act 1996.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies
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(8)
Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and
removal of other senior police officers).
(9)
In this section “police force” means the police force for a police area listed in
Schedule 1 to the Police Act 1996 (police areas outside London).
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Assistant chief constables
5
(1)
Each police force must have one or more assistant chief constables.
(2)
The chief constable of a police force must consult the relevant police and crime
commissioner before appointing a person as an assistant chief constable of the
force.
(3)
The chief constable of a police force may suspend from duty an assistant chief
10
constable of that police force.
(4)
The chief constable of a police force may call upon an assistant chief constable
of that police force to resign or retire.
(5)
An assistant chief constable must resign or retire if called upon to do so by the
chief constable in accordance with subsection (4).
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(6)
Subsections (2) to (5) are subject to regulations under section 50 of the Police
Act 1996.
(7)
Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and
removal of other senior police officers).
(8)
In this section “police force” means the police force for a police area listed in
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Schedule 1 to the Police Act 1996 (police areas outside London).
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Power of deputy to exercise functions of chief constable
(1)
The appropriate deputy chief constable of a police force may exercise or
perform any or all of the functions of the chief constable of the force—
(a)
during any period when the chief constable is unable to exercise
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functions, or
(b)
at any other time, with the consent of the chief constable.
(2)
For the purposes of subsection (1), the appropriate deputy chief constable is—
(a)
if the police force has only one deputy chief constable, the deputy chief
constable;
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(b)
if the police force has more than one deputy chief constable, the most
senior deputy chief constable.
(3)
If the police force has more than one deputy chief constable, the chief constable
must designate the deputy chief constables in order of seniority for the
purposes of subsection (2)(b).
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(4)
During any absence, incapacity or suspension from duty of the person who—
(a)
is designated as the most senior deputy chief constable for the purposes
of subsection (2)(b), or
(b)
is treated under this section as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable is to be
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treated as the most senior one for the purposes of subsection (2)(b).

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies
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(5)
The assistant chief constable designated for this purpose by the chief constable
of the force may exercise any or all of the chief constable’s functions during any
period when—
(a)
the chief constable is unable to exercise functions, and
(b)
a deputy chief constable is unable to exercise functions.
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(6)
The chief constable of the force must designate an assistant chief constable of
the force for the purposes of subsection (5).
(7)
Only one person is authorised to act at any one time by virtue of a designation
by the chief constable.
(8)
The chief constable must consult the relevant police and crime commissioner
10
before making a designation for the purposes of subsection (2)(b) or (5).
(9)
This section is without prejudice to any other enactment that makes provision
for a person other than the chief constable to exercise the chief constable’s
functions.
(10)
In this section—
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(a)
“police force” means the police force for a police area listed in Schedule
1 to the Police Act 1996 (police areas outside London);
(b)
a reference to a period when the chief constable is unable to exercise
functions is a reference to a period when—
(i)
the chief constable is absent, incapacitated or suspended from
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duty, or
(ii)
the office of chief constable is vacant;
(c)
a reference to a period when a deputy chief constable is unable to
exercise functions is a reference to a period when—
(i)
the deputy chief constable, or each of the deputy chief
25
constables, is absent, incapacitated or suspended from duty, or
(ii)
the office of deputy chief constable, or of each deputy chief
constable, is vacant.
The metropolitan police force
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Appointment of Commissioner of Police of the Metropolis
30
(1)
The Commissioner of Police of the Metropolis is to be appointed by Her
Majesty by warrant under Her sign manual.
(2)
A constable holds office as the Commissioner of Police of the Metropolis at Her
Majesty’s pleasure.
(3)
Before recommending to Her Majesty that She appoint a constable as the
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Commissioner of Police of the Metropolis, the Secretary of State must have
regard to any recommendations made by the Mayor’s Office for Policing and
Crime.
(4)
The appointment of the Commissioner of Police of the Metropolis is subject to
regulations under section 50 of the Police Act 1996.
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