Session 2010 - 11
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Other Bills before Parliament

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

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—

(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);

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

(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;

(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;

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

“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;

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

area in Wales.’.

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

144

Page  104,  line  6  [Schedule  1],  leave out sub-paragraph (2) and insert—

‘A police and crime commissioner may appoint other staff—

(a)	to enable the commissioner to exercise the functions of commissioner,

or

(b)	to enable the chief constable to exercise the chief constable’s

functions, or

(c)	otherwise to assist the relevant police force.’.

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

145

Page  104,  line  9  [Schedule  1],  at beginning insert—

‘(2A)

A police and crime commissioner may delegate appointments under

paragraphs (2)(b) and (2)(c) to the police force’s chief constable’.

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’.

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

146

Page  104,  line  27  [Schedule  1],  at end insert ‘and police force’s staff.’.

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

147

Page  104,  line  30  [Schedule  1],  after ‘staff’, insert ‘ and police force’s staff’.

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

148

Page  104,  line  32  [Schedule  1],  after ‘staff’, insert ‘and police force’s staff’.

Mark Reckless

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Mr David Nuttall

143

Page  105,  line  20,  leave out Schedule 2.

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’.

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

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

135A

Page  111,  line  5  [Schedule  4],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

136

Page  111,  line  9  [Schedule  4],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

137

Page  111,  line  11  [Schedule  4],  after ‘force’s’, insert ‘civilian’.

Secretary Theresa May

138

Page  111,  line  14  [Schedule  4],  after ‘force’s’, insert ‘civilian’.

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

Mark Reckless

Zac Goldsmith

Mr David Ruffley

Mr Douglas Carswell

Mr Philip Hollobone

Mr Peter Bone

Total signatories: 8

Mr David Nuttall

Henry Smith

152

Page  112,  line  15,  leave out Schedule 5.

Secretary Theresa May

41

Page  114,  line  29,  leave out Schedule 6.

Secretary Theresa May

42

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

of sub-paragraph (6)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

112

Page  125,  line  16  [Schedule  8],  leave out ‘appear’ and insert ‘attend the meeting in

person’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

113

Page  125,  line  18  [Schedule  8],  leave out sub-paragraph (3).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

114

Page  125,  line  30  [Schedule  8],  at end insert—

‘(4)	If the police and crime commissioner rejects the panel’s recommendation as to

whether or not the candidate should be appointed, the commissioner must give

Consideration of Bill: 30 March 2011

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Police Reform and Social Responsibility Bill, continued

the panel a response to any such recommendation, including the reasons for his

decision to reject the recommendation.

(5)	The police and crime commissioner must publish any response issued under

subsection (4).’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

115

Page  126,  line  27  [Schedule  8],  after ‘Suspension’, insert ‘general’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

116

Page  126,  line  28  [Schedule  8],  leave out paragraph 11 and insert—

‘11(1)

A police and crime commissioner must only suspend the relevant chief

constable from duty under section 38 when the following conditions “the

suspension conditions” are satisfied—

(a)	an allegation comes to the attention of the police and crime

commissioner which indicates that the conduct of the chief constable

may amount to misconduct or gross misconduct;

(b)	an investigation is ongoing; and

(c)	it appears to the commissioner that either—

(i)	the effective investigation of the case may be prejudiced

unless the chief constable concerned is so suspended; or

(ii)	having regard to the nature of the allegation and any other

relevant considerations, the public interest requires that he

should be so suspended.

(2)	In determining whether the suspension conditions in sub-paragraph (1) are

satisfied, the police and crime commissioner must consult Her Majesty’s

Inspector of Constabulary.

Suspension: notification

11A(1)

If the suspension conditions in accordance with paragraph 11 are satisfied, a

police and crime commissioner may suspend a relevant chief constable from

duty under section 38.

(2)	A chief constable’s suspension from duty under section 38 will have effect

from the date and time of notification.

(3)	Notification under sub-paragraph (1) shall be given either—

(a)	in writing with a summary of the reasons; or

(b)	orally, in which case the police and crime commissioner shall confirm

the suspension in writing with a summary of the reasons before the end

of three working days beginning with the first working day after the

suspension.

(4)	If a police and crime commissioner suspends a chief constable from duty under

section 38, the commissioner must notify the relevant police and crime panel

© Parliamentary copyright	Revised 30 March 2011