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43 | Deputy Commissioner of Police of the Metropolis |
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(1) | The Metropolitan Police force has one Deputy Commissioner of Police of the |
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(2) | The Deputy Commissioner of Police of the Metropolis is to be appointed by |
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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 |
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at Her Majesty’s pleasure. |
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(4) | Before recommending to Her Majesty that She appoint a person as the Deputy |
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Commissioner of Police of the Metropolis, the Secretary of State must have |
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(a) | any recommendations made by the Commissioner of Police of the |
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(b) | any representations made by the Mayor’s Office for Policing and |
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(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. |
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44 | Functions of Deputy Commissioner of Police of the Metropolis |
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(1) | The Deputy Commissioner of Police of the Metropolis may exercise any or all |
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of the powers and duties of the Commissioner of Police of the Metropolis— |
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(a) | during any absence, incapacity or suspension from duty of the |
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(b) | during any vacancy in the office of Commissioner, or |
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(c) | at any other time, with the consent of the Commissioner. |
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(2) | The Deputy Commissioner of Police of the Metropolis does not have power to |
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act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three |
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months, except with the consent of the Secretary of State. |
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(3) | The Deputy Commissioner of Police of the Metropolis has all the powers and |
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duties of an Assistant Commissioner of Police of the Metropolis. |
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45 | Assistant Commissioners of Police of the Metropolis |
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(1) | The metropolitan police force must have one or more Assistant Commissioners |
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of Police of the Metropolis. |
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(2) | The Commissioner of Police of the Metropolis must consult the Mayor’s Office |
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for Policing and Crime before appointing a person as an Assistant |
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Commissioner of Police of the Metropolis. |
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(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. |
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(4) | An Assistant Commissioner of Police of the Metropolis may exercise any of the |
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powers and duties of the Commissioner of Police of the Metropolis with the |
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consent of the Commissioner of Police of the Metropolis. |
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(5) | Subsection (4) is without prejudice to regulations under section 50 of the Police |
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46 | Deputy Assistant Commissioners of Police of the Metropolis |
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(1) | The metropolitan police force must have one or more Deputy Assistant |
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Commissioners of Police of the Metropolis. |
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(2) | The Commissioner of Police of the Metropolis must consult the Mayor’s Office |
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for Policing and Crime before appointing a person as a Deputy Assistant |
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Commissioner of Police of the Metropolis. |
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(3) | The appointment of a person as a Deputy Assistant Commissioner of Police of |
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the Metropolis is subject to regulations under section 50 of the Police Act 1996. |
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(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 |
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for Policing and Crime before appointing a person as a Commander. |
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(3) | The appointment of a person as a Commander is subject to regulations under |
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section 50 of the Police Act 1996. |
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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 |
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(a) | suspend the Commissioner of Police of the Metropolis from duty, or |
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(b) | suspend the Deputy Commissioner of Police of the Metropolis from |
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(2) | If the Mayor’s Office for Policing and Crime suspends the Commissioner, or |
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Deputy Commissioner, from duty, that Office must notify the Secretary of State |
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(3) | The Mayor’s Office for Policing and Crime may, subject to subsections (5) and |
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(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 |
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(b) | call upon the Deputy Commissioner of Police of the Metropolis to |
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(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). |
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(5) | Before calling upon the Commissioner, or Deputy Commissioner, to retire or |
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resign, the Mayor’s Office for Policing and Crime must— |
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(a) | give the police officer a written explanation of the reasons why the |
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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 |
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about the proposal to call for the police officer’s resignation or |
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(c) | consider any written representations made by the police officer. |
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(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 |
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Commissioner, or Deputy Commissioner, to retire or resign. |
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(7) | This section is subject to regulations under section 50 of the Police Act 1996. |
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(8) | This section is without prejudice to— |
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(c) | regulations under the Police Pensions Act 1976. |
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49 | Suspension and removal of other senior metropolitan police officers |
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(1) | The Commissioner of Police of the Metropolis may suspend a senior |
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metropolitan police officer from duty. |
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(2) | If the Commissioner suspends a senior metropolitan police officer from duty, |
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the Commissioner must notify the Mayor’s Office for Policing and Crime of the |
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(3) | The Commissioner of Police of the Metropolis may, subject to subsection (5), |
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and after consulting the Mayor’s Office for Policing and Crime, call upon a |
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senior metropolitan police officer to resign or retire. |
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(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). |
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(5) | Before calling upon a senior metropolitan police officer to retire or resign, the |
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Commissioner of Police of the Metropolis must— |
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(a) | give the police officer a written explanation of the reasons why the |
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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 |
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about the proposal to call for the police officer’s resignation or |
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(c) | consider any written representations made by the police officer. |
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(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 |
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(8) | In this section “senior metropolitan police officer” means any of the |
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(a) | an Assistant Commissioner of Police of the Metropolis; |
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(b) | a Deputy Assistant Commissioner of Police of the Metropolis; |
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Police and crime commissioners: elections and vacancies |
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(1) | An election of police and crime commissioners for all police areas (an |
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“ordinary election”) is to be held— |
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(b) | in each subsequent fourth year. |
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(2) | The poll at an ordinary election of police and crime commissioners in any year |
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(a) | in England, on the day which is the ordinary day of election in that year |
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of councillors for counties in England and districts (see sections 37 and |
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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 |
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of councillors for counties in Wales and county boroughs (see sections |
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(3) | The term of office of a person elected as a police and crime commissioner at an |
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(a) | begins with the seventh day after the day of the poll at the election, and |
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(b) | ends with the sixth day after the day of the poll at the next ordinary |
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election of police and crime commissioners. |
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(4) | Subsection (3) is subject to any provision of or made under this or any other Act |
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relating to the appointment or election of police and crime commissioners or |
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their ceasing to hold office. |
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51 | Election to fill vacancy in office of commissioner |
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(1) | This section applies where a vacancy occurs in the office of police and crime |
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commissioner for a police area. |
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(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. |
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(4) | The date fixed must be not more than 35 days after the relevant event |
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(computed in accordance with section 75). |
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(5) | For the purposes of subsection (4), “the relevant event” means— |
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(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; |
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(b) | in any other case, the giving of notice of the vacancy to the appropriate |
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officer by two or more relevant electors. |
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(6) | For this purpose “relevant elector” means a person who is registered in a |
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register of local government electors in respect of an address within the police |
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(7) | If the vacancy occurs within the period of six months ending with the day of |
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the poll at the next ordinary election of police and crime commissioners— |
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(a) | no election is to be held under subsection (2) in respect of the vacancy, |
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(b) | accordingly, the office is to be left unfilled until that ordinary election. |
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(8) | The term of office of a person elected as a police and crime commissioner for a |
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police area at an election to fill a vacancy in the office— |
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(a) | begins immediately the person is declared to be elected as police and |
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crime commissioner for the area; |
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(b) | ends at the time when it would have ended had the person been elected |
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at the most recent ordinary election of police and crime commissioners. |
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(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 |
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to any provision made by an order under section 58. |
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