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| |
| | |
| | |
| |
| | | (i) | the relevant local authority, or |
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| | | (ii) | the relevant local authorities (when taken together); |
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| | | (c) | have the skills, knowledge and experience necessary for the police and |
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| | | crime panel to discharge its functions effectively. |
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| | | 31 | In co-opting members, a police and crime panel must secure that (as far as is |
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| | | reasonably practicable), the appointed and co-opted members of the panel |
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| | | (when taken together) have the skills, knowledge and experience necessary for |
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| | | the police and crime panel to discharge its functions effectively. |
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| | | Application of other legislation |
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| | | 32 (1) | The Secretary of State may, by regulations— |
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| | | (a) | modify a relevant enactment in its application to Part 2 panels, or |
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| | | (b) | provide for a relevant enactment not to apply to Part 2 panels. |
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| | | (2) | The Secretary of State may, by regulations, provide for a relevant enactment |
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| | | to apply (with or without modifications) to Part 3 panels. |
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| | | |
| | | “Part 2 panels” means police and crime panels established and maintained |
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| | | under Part 2 of this Schedule (which are committees or joint committees |
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| | | of the relevant local authority or authorities); |
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| | | “Part 3 panels” means police and crime panels established and maintained |
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| | | under Part 3 of this Schedule (which are not committees or joint |
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| | | committees of any local authority); |
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| | | “relevant enactment” means an enactment which applies to a committee of |
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| | | a local authority or a joint committee of local authorities. |
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| | | Regulations about notifications |
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| | | 33 | The Secretary of State may, by regulations, make provision about notifications |
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| | | to be given by persons in relation to— |
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| | | (a) | their compliance, or failure to comply, with any duty imposed under |
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| | | |
| | | (b) | their exercise, or failure to exercise, any power conferred under this |
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| | | |
| | | Regulations about making nominations |
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| | | 34 (1) | The Secretary of State may, by regulations, make provision about— |
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| | | (a) | the making of nominations (including provision about when |
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| | | |
| | | (b) | the notification of nominations (whether to the nominee or any other |
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| | | |
| | | (c) | the acceptance and refusal of nominations (including provision about |
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| | | when nominations are to be treated as having been accepted or |
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| | | |
| | | (2) | In this paragraph “nomination” means a nomination by a relevant local |
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| | | authority or the Secretary of State of a person to be a member of a police and |
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| | | |
| | | Regulations about making appointments |
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| | | 35 (1) | The Secretary of State may, by regulations, make provision about— |
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| | | (a) | the making of appointments; |
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| |
| | |
| | |
| |
| | | (b) | the notification of appointments (whether to the appointee or any other |
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| | | |
| | | (c) | the termination of appointments (including provision about when |
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| | | appointments are to be treated as having been terminated). |
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| | | (2) | In this paragraph “appointment” means— |
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| | | (a) | the appointment by a relevant local authority or the Secretary of State |
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| | | of a person as a member of a police and crime panel, and |
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| | | (b) | the co-option by a police and crime panel of a person to be a member |
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| | | |
| | | Regulations about modification etc of functions |
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| | | 36 (1) | The Secretary of State may, by regulations, make provision for modifying, |
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| | | suspending, transferring or removing relevant functions insofar as they are |
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| | | exercisable in relation to police and crime panels in respect of which the |
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| | | Secretary of State is, or has been, required to nominate members. |
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| | | (2) | In this paragraph, “relevant functions” means functions conferred on relevant |
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| | | local authorities or the Secretary of State by this Schedule. |
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| | | |
| | | 37 (1) | A reference in this Schedule to a police area which covers a local authority is |
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| | | a reference to a police area whose area is the same as, or includes, all or part |
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| | | of the local authority’s area. |
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| | | (2) | The circumstances in which a relevant local authority may be taken, for the |
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| | | purposes of this Schedule, to have failed to nominate or appoint a councillor as |
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| | | a member of a police and crime panel include circumstances where a |
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| | | councillor who is nominated and appointed fails to remain as a member of the |
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| | | panel for such a period as the Secretary of State considers reasonable. |
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| | | |
| | | “appointed member” means a member of a police and crime panel by virtue |
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| | | of paragraph 4(1)(a) or 13(1)(a); |
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| | | “co-opted member” means a member of a police and crime panel by virtue |
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| | | of paragraph 4(1)(b) or 13(1)(b); |
|
| | | “councillor”, in relation to local authority, means a person who— |
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| | | (k) | is a member of the local authority, or |
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| | | (l) | is the elected mayor of a mayor and cabinet executive (within the |
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| | | meaning of Part 2 of the Local Government Act 2000) of a |
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| | | relevant local authority; |
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| | | “English police and crime panel” means a police and crime panel for a |
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| | | |
| | | |
| | | (m) | in relation to England, a county council or a district council; |
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| | | (n) | in relation to Wales, a county council or a county borough |
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| | | |
| | | “multi-authority police area” means a police area which covers two or more |
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| | | |
| | | “panel arrangements” means the arrangements referred to in paragraph 23; |
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| | | “relevant local authority”, in relation to a police area, means a local |
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| | | authority which the police area covers; |
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| | | “single-authority police area” means a police area which covers only one |
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| | | |
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| |
| | |
| | |
| |
| | | “Welsh police and crime panel” means a police and crime panel for a police |
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| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 104, line 6 [Schedule 1], leave out sub-paragraph (2) and insert— |
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| | | | ‘A police and crime commissioner may appoint other staff— |
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| | | (a) | to enable the commissioner to exercise the functions of commissioner, |
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| | | |
| | | (b) | to enable the chief constable to exercise the chief constable’s |
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| | | |
| | | (c) | otherwise to assist the relevant police force.’. |
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| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 104, line 9 [Schedule 1], at beginning insert— |
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| | | ‘(2A) | A police and crime commissioner may delegate appointments under |
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| | | paragraphs (2)(b) and (2)(c) to the police force’s chief constable’. |
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| | |
| | | |
| | Page 104, line 13 [Schedule 1], leave out ‘qualified’. |
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| | |
| | | |
| | Page 104, line 18 [Schedule 1], leave out from beginning to ‘person’ in line 19 and |
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| | insert ‘A person may not be appointed under sub-paragraph (1) to act as chief finance |
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| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 104, line 27 [Schedule 1], at end insert ‘and police force’s staff.’. |
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|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 104, line 30 [Schedule 1], after ‘staff’, insert ‘ and police force’s staff’. |
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| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 104, line 32 [Schedule 1], after ‘staff’, insert ‘and police force’s staff’. |
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| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 105, line 20, leave out Schedule 2. |
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| | |
| | |
| | | |
| | Page 106, line 2 [Schedule 2], leave out ‘police and crime commissioner’ and |
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| | insert ‘chief constable’. |
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| | |
| | | |
| | Page 106, line 18 [Schedule 2], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 106, line 21 [Schedule 2], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 106, line 23 [Schedule 2], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 106, line 24 [Schedule 2], after ‘force’s’, insert ‘civilian’. |
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| | |
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| |
| | |
| | |
| |
| | |
| | | |
| | Page 108, line 8 [Schedule 3], leave out ‘qualified’. |
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| | |
| | | |
| | Page 108, line 13 [Schedule 3], leave out sub-paragraph (2). |
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| | |
| | |
| | | |
| | Page 110, line 39 [Schedule 4], leave out ‘a police and crime commissioner’ and |
|
| | insert ‘the Commissioner of Police of the Metropolis’. |
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| | |
| | |
| | | |
| | Page 111, line 5 [Schedule 4], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 111, line 9 [Schedule 4], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 111, line 11 [Schedule 4], after ‘force’s’, insert ‘civilian’. |
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| | |
| | | |
| | Page 111, line 14 [Schedule 4], after ‘force’s’, insert ‘civilian’. |
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| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 112, line 15, leave out Schedule 5. |
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| | |
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| |
| | |
| | |
| |
| | |
| | | |
| | Page 114, line 29, leave out Schedule 6. |
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| | |
| | |
| | | |
| | Page 121, line 39 [Schedule 7], leave out ‘these purposes’ and insert ‘the purposes |
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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 |
|
| | | whether or not the candidate should be appointed, the commissioner must give |
|
| | | 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 |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 126, line 27 [Schedule 8], after ‘Suspension’, insert ‘general’. |
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|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (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. |
|
| | | |
| | | 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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (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 |
|
| | | as soon as reasonably practicable and before the end of the second working day |
|
| | | |
| | | (5) | Notification under sub-paragraph (3) must include— |
|
| | | (a) | written notification that the chief constable has been suspended, |
|
| | | (b) | a copy of the reasons given to the chief constable in accordance with |
|
| | | |
| | | Suspension: role of panel |
|
| | | 11B(1) | A chief constable suspended under section 38 may make representations |
|
| | | against his suspension to the relevant police and crime panel— |
|
| | | (a) | before the end of seven working days beginning with the first working |
|
| | | day after his being suspended; |
|
| | | (b) | at any time during the suspension if he reasonably believes that |
|
| | | circumstances relevant to the suspension conditions have changed. |
|
| | | (2) | The police and crime panel shall review the suspension— |
|
|
