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| | Page 8, line 6 [Clause 7], leave out ‘body’s’ and insert ‘police force’. |
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| | Page 8, line 12 [Clause 7], leave out subsection (b). |
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| | Page 10, line 4 [Clause 10], leave out ‘in’ and insert ‘for’. |
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| | Page 10, line 4 [Clause 10], after ‘effective’, insert ‘, independent and impartial’. |
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| | Page 10, line 5 [Clause 10], at end insert— |
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| | | ‘(2A) | The Secretary of State must publish a Memorandum of Understanding on |
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| | | collaborative working between the Police and Crime Commissioner and criminal |
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| | | justice bodies, detailing where the functions of the criminal justice bodies shall |
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| | | be independent of the Police and Crime Commissioner. |
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| | | (2B) | The Secretary of State may by regulations made by Statutory Instrument bring |
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| | | into force the Memorandum of Understanding published under subsection (2A). |
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| | | (2C) | Regulations under subsection (2B) may not be made unless a draft of the |
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| | | instrument has been laid before, and approved by a resolution of, each House of |
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| | Page 10, line 27 [Clause 10], at end insert— |
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| | | ‘“functions” does not include functions which are exercisable only in |
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| | | relation to Wales and relate to matters in relation to which the Welsh |
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| | | Ministers have functions;’. |
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| | Page 14, line 7 [Clause 18], after ‘commissioner’, insert ‘, with the prior |
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| | authorisation of the police and crime panel.’. |
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| | Page 14, line 8 [Clause 18], after ‘arrange’, insert ‘under this section’. |
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| | Page 15, line 8 [Clause 19], leave out from ‘of’ to end of line 9 and insert ‘the |
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| | Mayor’s Office for Policing and Crime which is, in accordance with subsection (1), |
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| | exercisable by the Deputy Mayor for Policing and Crime.’. |
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| | Page 19, line 20 [Clause 25], leave out sub-paragraph (ii). |
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| | Page 20, line 22 [Clause 28], leave out subsection (1) and insert— |
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| | | ‘(1) | Each police area, other than the metropolitan police district, is to have a police |
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| | | and crime panel established and maintained in accordance with Schedule (Police |
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| | | and crime panels) (police and crime panels).’. |
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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 25 [Clause 28], leave out ‘or draft variations’. |
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| | Page 20, line 28 [Clause 28], leave out ‘or variations’. |
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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 33 [Clause 28], leave out ‘elected local policing body’ and insert |
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| | ‘police and crime commissioner’. |
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| | Page 20, line 33 [Clause 28], after ‘body’, insert ‘and relevant chief constable’. |
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| | Page 20, line 38 [Clause 28], leave out subsection (4). |
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| | Page 21, line 1 [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 9 [Clause 28], leave out ‘5 or’. |
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| | Page 21, line 12 [Clause 28], leave out from ‘commissioner’ to end of line 15 and |
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| | | ‘(6A) | The police and crime panel for a police area in England must send copies of any |
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| | | such reports or recommendations to each local authority whose area falls wholly |
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| | | or partly within the police area.’. |
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| | Page 21, line 18 [Clause 28], leave out from beginning to end of line 28 and |
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| | | ‘(8) | Schedule (Police and crime panels) (police and crime panels) has effect. |
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| | | (9) | In this section “local authority” means a county council or a district council.’. |
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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 33 [Clause 29], at end insert— |
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| | | ‘( ) | Nothing in subsection (1) requires a member of the police and crime |
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| | | commissioner’s staff to give any evidence, or produce any document, which |
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| | | discloses advice given to the commissioner by that person.’. |
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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 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 16 [Clause 30], leave out ‘of two years or more’ and insert ‘exceeding |
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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 23, line 38 [Clause 33], leave out ‘review’ and insert ‘approve’. |
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| | Page 24, line 5 [Clause 33], after ‘decisions’, insert ‘and conduct’. |
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| | Page 24, line 6 [Clause 33], after ‘decisions’, insert ‘and conduct’. |
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| | Page 24, line 7 [Clause 33], after ‘decisions’, insert ‘and conduct’. |
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| | Page 24, line 14 [Clause 33], at end insert— |
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| | | ‘(g) | any other matters which the London Assembly considers to be of |
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| | | importance to maintaining the trust and confidence of persons residing |
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| | | within the police force area in the performance of the Mayor’s Office for |
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| | Page 24, line 14 [Clause 33], at end insert— |
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| | | ‘(3A) | In discharging its functions under this Act, the London Assembly police and |
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| | | (a) | investigate complaints of misconduct against the Mayor’s Office for |
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| | | (b) | institute misconduct proceedings against the Mayor’s Office for Policing |
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| | | and Crime if, following an investigation under paragraph (a), it appears |
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| | | to the panel that misconduct proceedings are necessary; |
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| | | (c) | make a report or recommendations to the Secretary of State on the |
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| | | outcome of any investigation. |
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| | | (3B) | In discharging its functions under this Act, the London Assembly police and |
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| | | (a) | the Commissioner of Police of the Metropolis; |
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| | | (b) | persons residing in the Metropolis; |
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| | | (c) | Her Majesty’s Inspector of Constabulary; or |
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| | | (d) | any other person as the London Assembly sees fit. |
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