Session 2010 - 11
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Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(4)	The power under this paragraph to provide resources is in addition to the duty

under paragraph 19(2).

Part 4

General provisions

Restrictions on membership of panel

21	The police and crime commissioner for a police area may not be a member of

the police and crime panel for the area.

22	A person may not be a co-opted member of the police and crime panel for a

police area if the person is any of the following—

(a)	a member of the staff of the police and crime commissioner for that

police area;

(b)	a member of the civilian staff of the police force for that police area;

(c)	a member of a local authority which is covered by that police area;

(d)	a Member of Parliament;

(e)	a member of the National Assembly for Wales;

(f)	a member of the Scottish Parliament;

(g)	a member of the European Parliament.

Panel arrangements

23  (1)

Panel arrangements are arrangements for the establishment and maintenance

of a police and crime panel.

(2)	Panel arrangements must make provision about the co-option of, and holding

of office by, the two co-opted members of the police and crime panel.

(3)	Panel arrangements must include provision about—

(a)	the term of office of appointed members and co-opted members of the

panel;

(b)	resignation, and removal, of appointed members and co-opted

members of the panel;

(c)	conditions for re-appointment of appointed members and co-opted

members of the panel.

(4)	Panel arrangements may not make rules of procedure for the police and crime

panel (as to which see paragraph 24).

(5)	Panel arrangements may make different provision for different cases.

(6)	The following persons must comply with the panel arrangements relating to a

police and crime panel—

(a)	each relevant local authority;

(b)	each member of the police and crime panel.

Rules of procedure

24  (1)

A police and crime panel must make rules of procedure for the panel.

(2)	A police and crime panel’s rules of procedure must make provision about the

appointment, resignation and removal of a person to chair the panel.

(3)	The police and crime panel’s rules of procedure may, in particular, make

provision about—

(a)	the method of making decisions, and

(b)	the formation of sub-committees.

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(4)	A sub-committee of a police and crime panel may not co-opt members.

(5)	This paragraph is subject to paragraph 26.

Voting by members

25	All members of a police and crime panel may vote in proceedings of the panel.

Exercise of special functions

26  (1)

The special functions of a police and crime panel may not be discharged by a

committee or sub-committee of the panel.

(2)	In this paragraph “special functions” means the functions conferred on a police

and crime panel by—

(a)	section 28(2) (scrutiny of police and crime plan);

(b)	section 28(3) (scrutiny of annual report);

(c)	Schedule 5 (issuing precepts); and

(d)	Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

Allowances

27	The panel arrangements may make provision about the payment of allowances

to members of the police and crime panel.

Promotion of, and support, for panels

28	The panel arrangements must make provision for—

(a)	the role of the police and crime panel to be promoted;

(b)	administrative and other support to be given to the police and crime

panel and its members;

(c)	support and guidance to be given to—

(i)	members of relevant local authorities,

(ii)	members of the executives (if any) of relevant local

authorities, and

(iii)

officers of relevant local authorities,

in relation to the functions of the police and crime panel.

Validity of proceedings

29	The validity of the proceedings of a police and crime panel is not affected by

a vacancy in the membership of the panel or a defect in appointment.

Duty to produce balanced panel

30  (1)

In exercising functions under Part 2 or 3 of this Schedule, a relevant local

authority must secure that (as far as is reasonably practicable) the balanced

appointment objective is met.

(2)	In exercising functions under Part 2 or 3 of this Schedule, the Secretary of State

must secure that (as far as is reasonably practicable) the balanced appointment

objective is met.

(3)	The “balanced appointment objective” referred to in this paragraph is the

objective that the appointed members of a police and crime panel (when taken

together)—

(a)	represent all parts of the relevant police area;

(b)	represent the political make-up of—

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(i)	the relevant local authority, or

(ii)	the relevant local authorities (when taken together);

(c)	have the skills, knowledge and experience necessary for the police and

crime panel to discharge its functions effectively.

31	In co-opting members, a police and crime panel must secure that (as far as is

reasonably practicable), the appointed and co-opted members of the panel

(when taken together) have the skills, knowledge and experience necessary for

the police and crime panel to discharge its functions effectively.

Application of other legislation

32  (1)

The Secretary of State may, by regulations—

(a)	modify a relevant enactment in its application to Part 2 panels, or

(b)	provide for a relevant enactment not to apply to Part 2 panels.

(2)	The Secretary of State may, by regulations, provide for a relevant enactment

to apply (with or without modifications) to Part 3 panels.

(3)	In this paragraph—

“Part 2 panels” means police and crime panels established and maintained

under Part 2 of this Schedule (which are committees or joint committees

of the relevant local authority or authorities);

“Part 3 panels” means police and crime panels established and maintained

under Part 3 of this Schedule (which are not committees or joint

committees of any local authority);

“relevant enactment” means an enactment which applies to a committee of

a local authority or a joint committee of local authorities.

Regulations about notifications

33	The Secretary of State may, by regulations, make provision about notifications

to be given by persons in relation to—

(a)	their compliance, or failure to comply, with any duty imposed under

this Schedule; or

(b)	their exercise, or failure to exercise, any power conferred under this

Schedule.

Regulations about making nominations

34  (1)

The Secretary of State may, by regulations, make provision about—

(a)	the making of nominations (including provision about when

nominations lapse);

(b)	the notification of nominations (whether to the nominee or any other

person); and

(c)	the acceptance and refusal of nominations (including provision about

when nominations are to be treated as having been accepted or

refused).

(2)	In this paragraph “nomination” means a nomination by a relevant local

authority or the Secretary of State of a person to be a member of a police and

crime panel.

Regulations about making appointments

35  (1)

The Secretary of State may, by regulations, make provision about—

(a)	the making of appointments;

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(b)	the notification of appointments (whether to the appointee or any other

person); and

(c)	the termination of appointments (including provision about when

appointments are to be treated as having been terminated).

(2)	In this paragraph “appointment” means—

(a)	the appointment by a relevant local authority or the Secretary of State

of a person as a member of a police and crime panel, and

(b)	the co-option by a police and crime panel of a person to be a member

of the panel.

Regulations about modification etc of functions

36  (1)

The Secretary of State may, by regulations, make provision for modifying,

suspending, transferring or removing relevant functions insofar as they are

exercisable in relation to police and crime panels in respect of which the

Secretary of State is, or has been, required to nominate members.

(2)	In this paragraph, “relevant functions” means functions conferred on relevant

local authorities or the Secretary of State by this Schedule.

Interpretation

37  (1)

A reference in this Schedule to a police area which covers a local authority is

a reference to a police area whose area is the same as, or includes, all or part

of the local authority’s area.

(2)	The circumstances in which a relevant local authority may be taken, for the

purposes of this Schedule, to have failed to nominate or appoint a councillor as

a member of a police and crime panel include circumstances where a

councillor who is nominated and appointed fails to remain as a member of the

panel for such a period as the Secretary of State considers reasonable.

(3)	In this Schedule—

“appointed member” means a member of a police and crime panel by virtue

of paragraph 4(1)(a) or 13(1)(a);

“co-opted member” means a member of a police and crime panel by virtue

of paragraph 4(1)(b) or 13(1)(b);

“councillor”, in relation to local authority, means a person who—

(k)	is a member of the local authority, or

(l)	is the elected mayor of a mayor and cabinet executive (within the

meaning of Part 2 of the Local Government Act 2000) of a

relevant local authority;

“English police and crime panel” means a police and crime panel for a

police area in England;

“local authority” means—

(m)	in relation to England, a county council or a district council;

(n)	in relation to Wales, a county council or a county borough

council;

“multi-authority police area” means a police area which covers two or more

local authorities;

“panel arrangements” means the arrangements referred to in paragraph 23;

“relevant local authority”, in relation to a police area, means a local

authority which the police area covers;

“single-authority police area” means a police area which covers only one

local authority;

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

“Welsh police and crime panel” means a police and crime panel for a police

area in Wales.’.

Secretary Theresa May

31

Page  104,  line  13  [Schedule  1],  leave out ‘qualified’.

Secretary Theresa May

32

Page  104,  line  18  [Schedule  1],  leave out from beginning to ‘person’ in line 19 and

insert ‘A person may not be appointed under sub-paragraph (1) to act as chief finance

officer unless the’.

Secretary Theresa May

33

Page  106,  line  2  [Schedule  2],  leave out ‘police and crime commissioner’ and

insert ‘chief constable’.

Secretary Theresa May

34

Page  106,  line  18  [Schedule  2],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

35

Page  106,  line  21  [Schedule  2],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

36

Page  106,  line  23  [Schedule  2],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

37

Page  106,  line  24  [Schedule  2],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

38

Page  108,  line  8  [Schedule  3],  leave out ‘qualified’.

Secretary Theresa May

39

Page  108,  line  13  [Schedule  3],  leave out sub-paragraph (2).

Secretary Theresa May

40

Page  110,  line  39  [Schedule  4],  leave out ‘a police and crime commissioner’ and

insert ‘the Commissioner of Police of the Metropolis’.

Secretary Theresa May

41

Page  114,  line  29,  leave out Schedule 6.

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

Secretary Theresa May

42

Page  121,  line  39  [Schedule  7],  leave out ‘these purposes’ and insert ‘the purposes

of sub-paragraph (6)’.

Secretary Theresa May

43

Page  133,  line  24  [Schedule  11],  after ‘areas’, insert ‘in England’.

Secretary Theresa May

44

Page  135,  line  7  [Schedule  11],  leave out subsection (7).

Secretary Theresa May

45

Page  135,  line  28  [Schedule  11],  after ‘commissioner’, insert ‘for a police area in

England’.

Secretary Theresa May

46

Page  135,  line  30  [Schedule  11],  leave out ‘the police area of the commissioner’

and insert ‘that police area’.

Secretary Theresa May

47

Page  136,  line  2  [Schedule  11],  at end insert ‘, and

(c)	after “section 6 above” insert “, apart from devolved Welsh functions (as

defined by section 5(7)),”.’.

Secretary Theresa May

48

Page  136  [Schedule  11],  leave out lines 6 to 17 and insert—

‘(a)	the body is not satisfied that the responsible authorities for the area are

carrying out their functions under section 6 in an effective and efficient

manner, and

(b)	the body considers it reasonable and proportionate in all the

circumstances to require a report.’.

Secretary Theresa May

49

Page  136  [Schedule  11],  leave out lines 30 to 33.

Secretary Theresa May

50

Page  163,  line  18  [Schedule  16],  at end insert—

‘( )	For subsection (2) substitute—

“(2)	In issuing a policing plan, the Common Council must have regard to

the strategic policing requirement issued under section 37A.”.’.

Secretary Theresa May

51

Page  167,  line  41  [Schedule  16],  at end insert—

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

‘In section 61 (the Police Negotiating Board for the United Kingdom), in

subsection (1)(a), for “authorities” substitute “persons and bodies”.’.

Secretary Theresa May

52

Page  211,  line  5  [Schedule  16],  leave out paragraph 355.

Secretary Theresa May

53

Page  215,  line  26  [Schedule  17],  after first ‘that’, insert ‘—

(c)	the Secretary of State has consulted in accordance with section 2B and

has determined that the order should be made, or

(d)	the Secretary of State has received a recommendation under that section

that the order should be made.

(3A)	The Secretary of State may make the determination mentioned in subsection

(3)(a) only if’.

Secretary Theresa May

54

Page  216,  line  6  [Schedule  17],  at end insert—

‘(6A)

The power of the Secretary of State to make an order under this section is subject

to section 2B.’.

Secretary Theresa May

55

Page  216,  line  10  [Schedule  17],  at end insert—

‘2B	Orders under section 2A: role of Advisory Council etc

(1)	Before making an order under section 2A the Secretary of State—

(a)	must consult as mentioned in subsection (2), or

(b)	must have received a recommendation from the Advisory

Council to make the order.

(2)	The Secretary of State must consult—

(a)	the Advisory Council, or

(b)	if the order is to be made under section 2A(1) and the urgency

condition applies, the person mentioned in subsection (3).

(3)	The person referred to in subsection (2)(b) is—

(a)	the person who is for the time being the chairman of the

Advisory Council appointed under paragraph 1(3) of

Schedule 1, or

(b)	if that person has delegated the function of responding to

consultation under subsection (1)(a) to another member of the

Advisory Council, that other member.

(4)	The “urgency condition” applies if it appears to the Secretary of State

that the misuse of the substance or product to be specified in the order

as a drug subject to temporary control, or the likelihood of its misuse,

poses an urgent and significant threat to public safety or health.

(5)	The duty of the Advisory Council or any other person consulted under

subsection (1)(a) is limited to giving to the Secretary of State that

person’s opinion as to whether the order in question should be made.

© Parliamentary copyright	Revised 24 March 2011