Session 2010 - 11
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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies

29

 

43      

Deputy Commissioner of Police of the Metropolis

(1)   

The Metropolitan Police force has one Deputy Commissioner of Police of the

Metropolis.

(2)   

The Deputy Commissioner of Police of the Metropolis is to be appointed by

Her Majesty by warrant under Her sign manual.

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(3)   

A person holds office as the Deputy Commissioner of Police of the Metropolis

at Her Majesty’s pleasure.

(4)   

Before recommending to Her Majesty that She appoint a person as the Deputy

Commissioner of Police of the Metropolis, the Secretary of State must have

regard to—

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(a)   

any recommendations made by the Commissioner of Police of the

Metropolis, and

(b)   

any representations made by the Mayor’s Office for Policing and

Crime.

(5)   

The appointment of the Deputy Commissioner of Police of the Metropolis is

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subject to regulations under section 50 of the Police Act 1996.

44      

Functions of Deputy Commissioner of Police of the Metropolis

(1)   

The Deputy Commissioner of Police of the Metropolis may exercise any or all

of the powers and duties of the Commissioner of Police of the Metropolis—

(a)   

during any absence, incapacity or suspension from duty of the

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Commissioner,

(b)   

during any vacancy in the office of Commissioner, or

(c)   

at any other time, with the consent of the Commissioner.

(2)   

The Deputy Commissioner of Police of the Metropolis does not have power to

act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three

25

months, except with the consent of the Secretary of State.

(3)   

The Deputy Commissioner of Police of the Metropolis has all the powers and

duties of an Assistant Commissioner of Police of the Metropolis.

45      

Assistant Commissioners of Police of the Metropolis

(1)   

The metropolitan police force must have one or more Assistant Commissioners

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of Police of the Metropolis.

(2)   

The Commissioner of Police of the Metropolis must consult the Mayor’s Office

for Policing and Crime before appointing a person as an Assistant

Commissioner of Police of the Metropolis.

(3)   

The appointment of a person as an Assistant Commissioner of Police of the

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Metropolis is subject to regulations under section 50 of the Police Act 1996.

(4)   

An Assistant Commissioner of Police of the Metropolis may exercise any of the

powers and duties of the Commissioner of Police of the Metropolis with the

consent of the Commissioner of Police of the Metropolis.

(5)   

Subsection (4) is without prejudice to regulations under section 50 of the Police

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Act 1996.

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 5 — Police forces in areas with elected local policing bodies

30

 

46      

Deputy Assistant Commissioners of Police of the Metropolis

(1)   

The metropolitan police force must have one or more Deputy Assistant

Commissioners of Police of the Metropolis.

(2)   

The Commissioner of Police of the Metropolis must consult the Mayor’s Office

for Policing and Crime before appointing a person as a Deputy Assistant

5

Commissioner of Police of the Metropolis.

(3)   

The appointment of a person as a Deputy Assistant Commissioner of Police of

the Metropolis is subject to regulations under section 50 of the Police Act 1996.

47      

Commanders

(1)   

The metropolitan police force must have one or more Commanders.

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(2)   

The Commissioner of Police of the Metropolis must consult the Mayor’s Office

for Policing and Crime before appointing a person as a Commander.

(3)   

The appointment of a person as a Commander is subject to regulations under

section 50 of the Police Act 1996.

48      

Suspension and removal of Commissioner and Deputy Commissioner

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(1)   

The Mayor’s Office for Policing and Crime may, with the approval of the

Secretary of State—

(a)   

suspend the Commissioner of Police of the Metropolis from duty, or

(b)   

suspend the Deputy Commissioner of Police of the Metropolis from

duty.

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(2)   

If the Mayor’s Office for Policing and Crime suspends the Commissioner, or

Deputy Commissioner, from duty, that Office must notify the Secretary of State

of the suspension.

(3)   

The Mayor’s Office for Policing and Crime may, subject to subsections (5) and

(6), and with the approval of the Secretary of State—

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(a)   

call upon the Commissioner of Police of the Metropolis to resign or

retire, or

(b)   

call upon the Deputy Commissioner of Police of the Metropolis to

resign or retire.

(4)   

The Commissioner, or Deputy Commissioner, must resign or retire if called

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upon to do so in accordance with subsection (3).

(5)   

Before calling upon the Commissioner, or Deputy Commissioner, to retire or

resign, the Mayor’s Office for Policing and Crime must—

(a)   

give the police officer a written explanation of the reasons why the

Office is proposing to call for the retirement or resignation;

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(b)   

give the police officer the opportunity to make written representations

about the proposal to call for the police officer’s resignation or

retirement; and

(c)   

consider any written representations made by the police officer.

(6)   

The Mayor’s Office for Policing and Crime must comply with subsection (5)

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before seeking the approval of the Secretary of State to call upon the

Commissioner, or Deputy Commissioner, to retire or resign.

 
 

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies

31

 

(7)   

This section is subject to regulations under section 50 of the Police Act 1996.

(8)   

This section is without prejudice to—

(a)   

section 42(2);

(b)   

section 43(3); or

(c)   

regulations under the Police Pensions Act 1976.

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49      

Suspension and removal of other senior metropolitan police officers

(1)   

The Commissioner of Police of the Metropolis may suspend a senior

metropolitan police officer from duty.

(2)   

If the Commissioner suspends a senior metropolitan police officer from duty,

the Commissioner must notify the Mayor’s Office for Policing and Crime of the

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suspension.

(3)   

The Commissioner of Police of the Metropolis may, subject to subsection (5),

and after consulting the Mayor’s Office for Policing and Crime, call upon a

senior metropolitan police officer to resign or retire.

(4)   

A senior metropolitan police officer must resign or retire if called upon to do

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so in accordance with subsection (3).

(5)   

Before calling upon a senior metropolitan police officer to retire or resign, the

Commissioner of Police of the Metropolis must—

(a)   

give the police officer a written explanation of the reasons why the

Commissioner is proposing to call for the retirement or resignation;

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(b)   

give the police officer the opportunity to make written representations

about the proposal to call for the police officer’s resignation or

retirement; and

(c)   

consider any written representations made by the police officer.

(6)   

This section is subject to regulations under section 50 of the Police Act 1996.

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(7)   

This section is without prejudice to regulations under the Police Pensions Act

1976.

(8)   

In this section “senior metropolitan police officer” means any of the

following—

(a)   

an Assistant Commissioner of Police of the Metropolis;

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(b)   

a Deputy Assistant Commissioner of Police of the Metropolis;

(c)   

a Commander.

Chapter 6

Police and crime commissioners: elections and vacancies

Holding of elections

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50      

Ordinary elections

(1)   

An election of police and crime commissioners for all police areas (an

“ordinary election”) is to be held—

(a)   

in 2012;

(b)   

in each subsequent fourth year.

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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies

32

 

(2)   

The poll at an ordinary election of police and crime commissioners in any year

is to be held—

(a)   

in England, on the day which is the ordinary day of election in that year

of councillors for counties in England and districts (see sections 37 and

37A of the Representation of the People Act 1983), and

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(b)   

in Wales, on the day which is the ordinary day of election in that year

of councillors for counties in Wales and county boroughs (see sections

37 and 37B of that Act).

(3)   

The term of office of a person elected as a police and crime commissioner at an

ordinary election—

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(a)   

begins with the seventh day after the day of the poll at the election, and

(b)   

ends with the sixth day after the day of the poll at the next ordinary

election of police and crime commissioners.

(4)   

Subsection (3) is subject to any provision of or made under this or any other Act

relating to the appointment or election of police and crime commissioners or

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their ceasing to hold office.

51      

Election to fill vacancy in office of commissioner

(1)   

This section applies where a vacancy occurs in the office of police and crime

commissioner for a police area.

(2)   

An election must be held to fill the vacancy.

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(3)   

The police area returning officer must fix the date of the poll at the election.

(4)   

The date fixed must be not more than 35 days after the relevant event

(computed in accordance with section 75).

(5)   

For the purposes of subsection (4), “the relevant event” means—

(a)   

in a case where the High Court or the appropriate officer has declared

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the office to be vacant, the making of that declaration;

(b)   

in any other case, the giving of notice of the vacancy to the appropriate

officer by two or more relevant electors.

(6)   

For this purpose “relevant elector” means a person who is registered in a

register of local government electors in respect of an address within the police

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area.

(7)   

If the vacancy occurs within the period of six months ending with the day of

the poll at the next ordinary election of police and crime commissioners—

(a)   

no election is to be held under subsection (2) in respect of the vacancy,

and

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(b)   

accordingly, the office is to be left unfilled until that ordinary election.

(8)   

The term of office of a person elected as a police and crime commissioner for a

police area at an election to fill a vacancy in the office—

(a)   

begins immediately the person is declared to be elected as police and

crime commissioner for the area;

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(b)   

ends at the time when it would have ended had the person been elected

at the most recent ordinary election of police and crime commissioners.

(9)   

In the case of a vacancy occurring in consequence of the failure of, or other

irregularity in relation to, an election, subsections (3) and (4) have effect subject

to any provision made by an order under section 58.

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Revised 18 February 2011