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| | Page 7, line 44 [Clause 7], leave out ‘chief officer of police’s performance in |
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| | providing policing’ and insert ‘ police force’s performance’. |
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| | Page 8, line 4 [Clause 7], leave out ‘elected local policing body’s’. |
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| | Page 8, line 6 [Clause 7], leave out ‘the body’s’. |
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| | Page 8, line 6 [Clause 7], leave out ‘body’s’ and insert ‘police force’. |
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| | Page 20, line 29 [Clause 28], at end insert— |
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| | | ‘(2A) | A police and crime panel’s report or recommendations under subsection (2)(b) |
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| | | must include the panel’s police and crime objectives.’. |
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| | Page 20, line 23 [Clause 28], at end insert— |
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| | | ‘(1A) | A police and crime panel has— |
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| | | (a) | the functions conferred by this Chapter; |
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| | | (b) | the functions conferred by Schedule 5 (issuing precepts); |
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| | | (c) | the functions conferred by Schedule 8 (procedure for appointments by |
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| | | police and crime commissioners); |
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| | | (d) | the other functions conferred by this Act and any other enactments. |
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| | | (1B) | A police and crime panel must hold the relevant police and crime commissioner |
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| | | to account for the exercise of— |
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| | | (a) | the functions of the police and crime commissioner; |
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| | | (b) | the functions of the police and crime commissioner’s staff; |
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| | | (c) | the conduct of the police and crime commissioner; |
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| | | (d) | the conduct of the police and crime commissioner’s staff. |
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| | | (1C) | In discharging its functions under this Act, a police and crime panel may |
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| | | (a) | a chief officer of police, |
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| | | (b) | persons residing in the police force area, |
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| | | (c) | Her Majesty’s Inspector of Constabulary, |
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| | | (d) | any other person as the panel sees fit. |
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| | | (1D) | In discharging its functions under this Act, a police and crime panel may consider |
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| | | any views expressed, or complaints made by— |
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| | | (a) | a chief officer of police, |
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| | | (b) | persons residing in the police force area, |
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| | | (c) | any other person as the panel sees fit. |
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| | | (1E) | In discharging its functions under this Act, a police and crime panel may— |
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| | | (a) | investigate qualifying complaints and conduct matters in relation to the |
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| | | police and crime commissioner in accordance with regulations made |
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| | | (b) | institute misconduct proceedings against the police and crime |
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| | | commissioner if, following an investigation under subsection (a), it |
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| | | appears to the panel that misconduct proceedings are necessary, in |
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| | | accordance with regulations made under section 31; |
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| | | (c) | suspend the relevant police and crime commissioner, in accordance with |
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| | Page 20, line 38 [Clause 28], leave out subsection (4). |
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| | Page 22, line 4 [Clause 30], at end insert— |
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| | | ‘(1A) | A police and crime panel may suspend the relevant police and crime |
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| | | commissioner in accordance with regulations under section 31.’. |
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| | Page 22, line 5 [Clause 30], after ‘commissioner’, insert ‘under subsection (1)’. |
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| | Page 22, line 31 [Clause 31], at end insert— |
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| | | ‘(d) | the suspension of a police and crime commissioner by a police and crime |
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| | | panel while a qualifying complaint or conduct matter is being |
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| | Page 39, line 5 [Clause 62], after ‘with’, insert ‘section 28(1D), or’. |
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| | Page 20, line 33 [Clause 28], after ‘body’, insert ‘and relevant chief constable’. |
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| | Page 20, line 28 [Clause 28], leave out subsection (5) and insert— |
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| | | ‘(5) | For the purposes of its functions under this section, a police and crime panel must |
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| | | review, investigate, and prepare reports and recommendations about— |
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| | | (a) | any actions and decisions by the relevant police and crime commissioner, |
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| | | (b) | any matters with respect to the discharge of the commissioner’s |
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| | | (c) | matters in relation to which the functions of the commissioner are |
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| | | (d) | matters relating to the functions of the police and crime commissioner, |
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| | | (e) | any other matters which the panel considers to be of importance to |
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| | | policing and crime reduction in the police force area, |
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| | | (f) | any other matters which the panel considers to be of importance to |
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| | | maintaining the trust and confidence of persons residing within the police |
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| | | force area, in the performance of the police and crime commissioner, |
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| | | | insofar as the panel is not otherwise required to do so by subsections (2) or (3) or |
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| | Page 21, line 31 [Clause 29], leave out ‘and’. |
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| | Page 21, line 31 [Clause 29], after ‘staff’, insert ‘and the relevant chief constable,’. |
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| | Page 21, line 41 [Clause 29], at end insert— |
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| | | ‘(5) | The chief constable must comply with any requirement imposed by the panel |
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| | Page 125, line 16 [Schedule 8], leave out ‘appear’ and insert ‘attend the meeting in |
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| | Page 125, line 18 [Schedule 8], leave out sub-paragraph (3). |
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| | Page 125, line 30 [Schedule 8], at end insert— |
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| | | ‘(4) | If the police and crime commissioner rejects the panel’s recommendation as to |
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| | | whether or not the candidate should be appointed, the commissioner must give |
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| | | the panel a response to any such recommendation, including the reasons for his |
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| | | decision to reject the recommendation. |
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| | | (5) | The police and crime commissioner must publish any response issued under |
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| | Page 126, line 7 [Schedule 8], after ‘Suspension’, insert ‘general’. |
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| | Page 126, line 28 [Schedule 8], leave out paragraph 11 and insert— |
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| | | ‘11(1) | A police and crime commissioner must only suspend the relevant chief |
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| | | constable from duty under section 38 when the following conditions “the |
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| | | suspension conditions” are satisfied— |
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| | | (a) | an allegation comes to the attention of the police and crime |
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| | | commissioner which indicates that the conduct of the chief constable |
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| | | may amount to misconduct or gross misconduct; |
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| | | (b) | an investigation is ongoing; and |
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| | | (c) | it appears to the commissioner that either— |
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| | | (i) | the effective investigation of the case may be prejudiced |
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| | | unless the chief constable concerned is so suspended; or |
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| | | (ii) | having regard to the nature of the allegation and any other |
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| | | relevant considerations, the public interest requires that he |
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| | | (2) | In determining whether the suspension conditions in sub-paragraph (1) are |
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| | | satisfied, the police and crime commissioner must consult Her Majesty’s |
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| | | Inspector of Constabulary. |
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| | | 11A(1) | If the suspension conditions in accordance with paragraph 11 are satisfied, a |
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| | | police and crime commissioner may suspend a relevant chief constable from |
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| | | (2) | A chief constable’s suspension from duty under section 38 will have effect |
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| | | from the date and time of notification. |
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| | | (3) | Notification under sub-paragraph (1) shall be given either— |
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| | | (a) | in writing with a summary of the reasons; or |
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| | | (b) | orally, in which case the police and crime commissioner shall confirm |
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| | | the suspension in writing with a summary of the reasons before the end |
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| | | of three working days beginning with the first working day after the |
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| | | (4) | If a police and crime commissioner suspends a chief constable from duty under |
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| | | section 38, the commissioner must notify the relevant police and crime panel |
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| | | as soon as reasonably practicable and before the end of the second working day |
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| | | (5) | Notification under sub-paragraph (3) must include— |
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| | | (a) | written notification that the chief constable has been suspended, |
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| | | (b) | a copy of the reasons given to the chief constable in accordance with |
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| | | Suspension: role of panel |
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| | | 11B(1) | A chief constable suspended under section 38 may make representations |
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| | | against his suspension to the relevant police and crime panel— |
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| | | (a) | before the end of seven working days beginning with the first working |
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| | | day after his being suspended; |
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| | | (b) | at any time during the suspension if he reasonably believes that |
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| | | circumstances relevant to the suspension conditions have changed. |
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| | | (2) | The police and crime panel shall review the suspension— |
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| | | (a) | on receipt of any representations under paragraph (1)(a); |
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| | | (b) | if there has been no previous review, before the end of four weeks |
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| | | beginning with the first working day after the suspension; |
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| | | (i) | on being notified that circumstances relevant to the |
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| | | suspension conditions may have changed (whether by means |
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| | | of representations made under paragraph (1)(b) or otherwise); |
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| | | (ii) | before the end of four weeks beginning with the day after the |
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| | | (3) | Where a review takes place under sub-paragraph (2), if the police and crime |
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| | | panel reasonably believes— |
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| | | (a) | the suspension conditions continue to be satisfied, and |
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| | | (b) | suspension should continue, |
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| | | | it shall, and before the end of three working days beginning with the day after |
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| | | the review, make a recommendation for continued suspension to the police and |
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| | | crime commissioner, in writing with a summary of the reasons. |
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| | | (4) | Where a review takes place under sub-paragraph (2), if the police and crime |
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| | | panel reasonable believes that the conditions in either sub-paragraph (3)(a) or |
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| | | sub-paragraph (3)(b) are no longer met, it must, and before the end of three |
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| | | working days beginning with the day after the review, make a recommendation |
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| | | for the end of the suspension to the police and crime commissioner, in writing |
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| | | with a summary of the reasons. |
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| | | (5) | Where a recommendation under sub-paragraph (4) is made, the police and |
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| | | crime commissioner must accept the recommendation.’. |
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| | Page 126, line 34 [Schedule 8], leave out ‘the decision’ and insert ‘his decision to |
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| | accept the panel’s recommendation’. |
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| | Page 128, line 26 [Schedule 8], leave out ‘may accept or reject it’ and insert ‘must |
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| | Page 128, line 26 [Schedule 8], leave out from ‘the’ to end of subclause and insert |
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| | ‘his decision to accept the panel’s recommendation’. |
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| | Page 127, line 14 [Schedule 8], leave out ‘written representations’ and insert |
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| | ‘representations, including representations in writing and in person’. |
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| | Page 127, line 17 [Schedule 8], leave out ‘written representations’ and insert |
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| | ‘representations, including representations in writing and in person’. |
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| | Page 127 [Schedule 8], leave out lines 41 and 42 and insert— |
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| | | ‘(a) | must consult the chief inspector of the constabulary, |
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| | | (b) | must consult the Independent Police Complaints |
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| | | (c) | must hold a scrutiny hearing’. |
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| | Page 128, line 12 [Schedule 8], leave out ‘or’ and insert ‘and’. |
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| | Page 128, line 13 [Schedule 8], leave out ‘is, or both of them’. |
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| | Page 128, line 13 [Schedule 8], leave out ‘requested to appear’ and insert ‘required |
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