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Policing and Crime Bill


Policing and Crime Bill
Part 1 — Police reform

1

 

A

Bill

[AS AMENDED IN COMMITTEE]

To

Make provision about the police; to make provision about prostitution, sex

offenders, sex establishments and certain other premises; to make provision

for reducing and dealing with the abuse of alcohol; to make provision about

the proceeds of crime; to make provision about extradition; to amend the

Aviation Security Act 1982; to make provision about criminal records and to

amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding

Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or

facilitate search, forfeiture and other powers relating to the United Kingdom’s

borders or elsewhere; to make further provision for combatting crime and

disorder; to repeal redundant provisions; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Police reform

Public accountability

1       

Duty of police authorities in relation to public accountability

(1)   

In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities

5

must have regard in discharging their functions) after paragraph (a) insert—

“(aa)   

the views of people in the authority’s area about policing in that

area,”.

(2)   

In section 54(2A) of that Act (inspection and report powers of inspectors of

constabulary) after “with” insert “the requirement to have regard to the views

10

of people in its area about policing in that area and its compliance with”.

 

HL Bill 74                                                                                              

54/4

 
 

Policing and Crime Bill
Part 1 — Police reform

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Appointment of senior officers

2       

Police Senior Appointments Panel

(1)   

In the Police Act 1996 (c. 16) after section 53A insert—

“Police Senior Appointments Panel

53B     

Police Senior Appointments Panel

5

(1)   

There shall be a Police Senior Appointments Panel constituted in

accordance with arrangements made by the Secretary of State.

(2)   

The arrangements shall provide for the panel to consist of—

(a)   

a chair and other members appointed by the Secretary of State,

and

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(b)   

representative members.

(3)   

The representative members shall consist of—

(a)   

persons nominated by the Secretary of State,

(b)   

persons nominated by the Association of Police Authorities,

and

15

(c)   

persons nominated by the Association of Chief Police Officers.

(4)   

A person may be nominated as a representative member for a

particular meeting, for a particular period or otherwise.

(5)   

Arrangements under subsection (1) may, in particular, include

provision about—

20

(a)   

the panel’s proceedings;

(b)   

annual or other reports.

(6)   

Before making (or revising) arrangements under subsection (1) the

Secretary of State shall consult—

(a)   

the Association of Police Authorities, and

25

(b)   

the Association of Chief Police Officers.

(7)   

The Secretary of State may make staff available to the panel; and

arrangements under subsection (1) may include provision about staff.

(8)   

The Secretary of State may—

(a)   

pay fees to the chair and members of the panel appointed by the

30

Secretary of State;

(b)   

defray expenses incurred by the panel.

53C     

Functions

(1)   

The Police Senior Appointments Panel shall advise the Secretary of

State on any matter about which it is consulted by the Secretary of

35

State in connection with—

(a)   

the appointment of a senior officer, or

(b)   

the giving of consent under section 12A(4) or under section 25

of the City of London Police Act 1839.

(2)   

The panel shall advise the Secretary of State and police authorities

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about—

 
 

Policing and Crime Bill
Part 1 — Police reform

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(a)   

ways to increase the pool of potential candidates for

appointment as a senior officer, and

(b)   

the training and development needs of potential candidates for

such appointment.

(3)   

The Secretary of State may refer any report made by Her Majesty’s

5

Inspectors of Constabulary to the panel.

(4)   

Following such a referral the panel shall consider the report and advise

the Secretary of State and police authorities on any matters which it

thinks appropriate in connection with—

(a)   

the training and development needs of senior officers;

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(b)   

other matters relating to senior officers.

(5)   

In discharging its functions under subsections (2) and (4) the panel may

give advice to police authorities in general or to any one or more police

authorities.

(6)   

In this section “senior officer” means—

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(a)   

a member of a police force holding a rank above that of chief

superintendent;

(b)   

the Commissioner of Police for the City of London.

53D     

Power to confer additional functions

(1)   

The Secretary of State may by order confer additional functions on the

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Police Senior Appointments Panel.

(2)   

An order under subsection (1) may, in particular, confer advisory or

other functions on the panel in connection with the appointment of

senior officers (within the meaning of section 53C(6)).

(3)   

An order under this section may make transitional, consequential,

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incidental and supplemental provision or savings.

(4)   

Before making an order under this section the Secretary of State shall

consult the panel.

(5)   

A statutory instrument containing an order under this section is subject

to annulment in pursuance of a resolution of either House of

30

Parliament.”

(2)   

In section 54 (appointment and functions of inspectors of constabulary) omit

subsection (3A) (delegation of Secretary of State’s functions relating to

approval of appointments, etc).

(3)   

In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject

35

to general statutory duty) insert at the appropriate place—

“The Police Senior Appointments Panel.”

(4)   

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public

authorities) insert at the appropriate place—

“The Police Senior Appointments Panel”.

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3       

Regulations about senior officers

In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after

 
 

Policing and Crime Bill
Part 1 — Police reform

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subsection (6) insert—

“(6A)   

Without prejudice to the powers conferred by this section, regulations

under this section may make provision with respect to—

(a)   

steps to be taken in connection with the appointment of senior

officers;

5

(b)   

payments to senior officers who cease to hold office before the

end of a fixed term appointment.

(6B)   

In subsection (6A) “senior officer” means—

(a)   

a member of a police force holding a rank above that of chief

superintendent;

10

(b)   

the Commissioner of Police for the City of London.”

4       

Metropolitan police force appointments

(1)   

The Police Act 1996 (c. 16) is amended as follows.

(2)   

In section 9F (Assistant Commissioners of Police of the Metropolis) for

subsection (2) substitute—

15

“(2)   

Any appointment of an Assistant Commissioner shall be made, in

accordance with regulations under section 50, by the Metropolitan

Police Authority.

(2A)   

Before appointing an Assistant Commissioner the Metropolitan Police

Authority shall—

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(a)   

consult the Commissioner of Police of the Metropolis, and

(b)   

obtain the approval of the Secretary of State.”

(3)   

In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis)

for subsection (2) substitute—

“(2)   

Any appointment of a Deputy Assistant Commissioner shall be made,

25

in accordance with regulations under section 50, by the Metropolitan

Police Authority.

(2A)   

Before appointing a Deputy Assistant Commissioner the Metropolitan

Police Authority shall—

(a)   

consult the Commissioner of Police of the Metropolis, and

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(b)   

obtain the approval of the Secretary of State.”

(4)   

In section 9G (Commanders in the metropolitan police force) for subsection (2)

substitute—

“(2)   

Any appointment of a Commander in the metropolitan police force

shall be made, in accordance with regulations under section 50, by the

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Metropolitan Police Authority.

(2A)   

Before appointing a Commander in the metropolitan police force the

Metropolitan Police Authority shall—

(a)   

consult the Commissioner of Police of the Metropolis, and

(b)   

obtain the approval of the Secretary of State.”

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