Session 2010 - 11
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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Schedule 7 — Regulations about complaints and conduct matters

132

 

      (3)  

This paragraph does not prevent regulations from making provision about

the receipt or initial handling of serious complaints or conduct matters

otherwise than by the Independent Police Complaints Commission or a

police force.

      (4)  

This paragraph does not prevent regulations from making provision

5

about—

(a)   

circumstances in which serious complaints or conduct matters are

not to be investigated; and

(b)   

circumstances in which investigations of serious complaints or

conduct matters are to be discontinued;

10

           

including provision about the determination of such matters (whether by

the Independent Police Complaints Commission, a police force or

otherwise).

      (5)  

Regulations may make provision about what is to be taken to be a criminal

offence, or other corrupt behaviour, for the purposes of sub-paragraph (6).

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      (6)  

In this paragraph “serious complaint” means a qualifying complaint made

about conduct which constitutes or involves, or appears to constitute or

involve—

(a)   

the commission of a criminal offence, or

(b)   

other corrupt behaviour.

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Resolution of other complaints

3     (1)  

This paragraph applies in relation to qualifying complaints which are not, or

cease to be, investigated by the Independent Police Complaints Commission

or a police force.

      (2)  

Regulations—

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(a)   

may not provide for the investigation of such complaints; but

(b)   

must provide for police and crime panels to engage in informal

resolution of such complaints.

      (3)  

This paragraph does not prevent regulations from making provision about

the receipt or initial handling of qualifying complaints otherwise than by

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police and crime panels.

      (4)  

This paragraph does not prevent regulations from making provision

about—

(a)   

circumstances in which police and crime panels are not required to

engage in informal resolution of such complaints; and

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(b)   

circumstances in which informal resolution of such complaints is to

be discontinued;

           

including provision about the determination of such matters (whether by

police and crime panels or otherwise).

      (5)  

In this Schedule—

40

(a)   

references to engaging in informal resolution of a complaint are

references to encouraging, facilitating, or otherwise assisting in, the

resolution of the complaint otherwise than by legal proceedings; and

(b)   

references to informal resolution of a complaint are to be construed

accordingly.

45

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables

133

 

Conferral of functions

4     (1)  

Regulations may confer functions on—

(a)   

the Independent Police Complaints Commission,

(b)   

a police force,

(c)   

police and crime panels,

5

(d)   

the Secretary of State, or

(e)   

any other person.

      (2)  

That includes functions involving the exercise of a discretion.

No power to terminate holding of office or employment

5          

Regulations may not provide for a police and crime commissioner—

10

(a)   

to cease to hold office, or

(b)   

to be required to cease to hold office.

Application and amendment of other enactments

6     (1)  

Regulations may apply (with or without modifications), or amend or

otherwise modify, Part 2 of the Police Reform Act 2002.

15

      (2)  

Regulations may apply (with or without modifications) such other

enactments, or make such amendments or other modifications of other

enactments, as appear to the Secretary of State to be necessary or expedient

in connection with, or in consequence of, regulations.

Schedule 8

20

Section 38

 

Appointment, suspension and removal of senior police officers

Part 1

Appointment of chief constables

Introduction

1          

A police and crime commissioner must comply with this Part of this

25

Schedule in appointing a chief constable under section 38.

No appointment until end of confirmation process

2     (1)  

A police and crime commissioner must not appoint a constable to be chief

constable until the end of the confirmation process has been reached.

      (2)  

The end of the confirmation process is reached—

30

(a)   

in a case where paragraph 7 applies, when the first of the events

mentioned in sub-paragraphs (3) and (4) occurs; or

(b)   

in a case where paragraph 8 applies, when the first of the events

mentioned in sub-paragraphs (3) and (5) occurs.

      (3)  

The first event mentioned in sub-paragraphs (2)(a) and (2)(b) is the period of

35

three weeks mentioned in paragraph 4(6) ending without the relevant police

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables

134

 

and crime panel having given the police and crime commissioner any report

on the proposed appointment.

      (4)  

The second event mentioned in sub-paragraph (2)(a) is the police and crime

commissioner notifying the panel under paragraph 7(3) of the decision

whether or not to accept the panel’s recommendation in relation to the

5

appointment.

      (5)  

The second event mentioned in sub-paragraph (2)(b) is the end of the

confirmation process being reached in accordance with regulations under

paragraph 10.

Notification of proposed appointment

10

3     (1)  

A police and crime commissioner must notify the relevant police and crime

panel of each proposed appointment of a chief constable by the

commissioner.

      (2)  

In such a case, the police and crime commissioner must also notify the

relevant police and crime panel of the following information—

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(a)   

the name of the constable whom the commissioner is proposing to

appoint (“the candidate”);

(b)   

the criteria used to assess the suitability of the candidate for the

appointment;

(c)   

why the candidate satisfies those criteria; and

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(d)   

the terms and conditions on which the candidate is to be appointed.

Panel to review and report on proposed appointment

4     (1)  

This paragraph applies if a police and crime panel is notified under

paragraph 3 of a proposed appointment of a chief constable.

      (2)  

The panel must review the proposed appointment.

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      (3)  

The panel must make a report to the commissioner on the proposed

appointment.

      (4)  

The report must include a recommendation to the police and crime

commissioner as to whether or not the candidate should be appointed.

      (5)  

Sub-paragraph (4) does not apply if the panel vetoes the proposed

30

appointment under paragraph 5 (but see paragraph 5(2)).

      (6)  

The panel must comply with sub-paragraphs (2) and (3), and sub-paragraph

(4) (if applicable), within the period of three weeks beginning with the day

on which the panel receives the notification from the commissioner of the

proposed appointment.

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      (7)  

The panel must publish the report to the commissioner made under this

paragraph.

      (8)  

It is for the panel to determine the manner in which the recommendation is

to be published in accordance with sub-paragraph (7).

      (9)  

In calculating the period of three weeks for the purpose of sub-paragraph

40

(6), any relevant post-election period is to be ignored.

     (10)  

For that purpose, “relevant post-election period” means the period that—

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables

135

 

(a)   

begins with the day of the poll at an ordinary election of a police and

crime commissioner under section 50, and

(b)   

ends with the day on which the person elected as police and crime

commissioner delivers a declaration of acceptance of office under

section 71.

5

Power to veto proposed appointment

5     (1)  

The police and crime panel may, having reviewed the proposed

appointment, veto the appointment of the candidate.

      (2)  

If the panel vetoes the appointment of the candidate, the report made under

paragraph 4 must include a statement that the panel has vetoed it.

10

      (3)  

References in this Schedule to a police and crime panel vetoing the

appointment of a candidate are references to the panel making a decision, by

the required majority, that the candidate should not be appointed as chief

constable.

      (4)  

For that purpose, the panel makes that decision by the required majority if

15

at least three-quarters of the persons who are members of the panel at the

time when the decision is made vote in favour of making that decision.

      (5)  

The power conferred by this paragraph is exercisable in relation to a

proposed appointment only during the period of three weeks mentioned in

paragraph 4(6).

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Confirmation hearings

6     (1)  

A police and crime panel must hold a confirmation hearing—

(a)   

before making a report under paragraph 4 to the police and crime

commissioner in relation to a proposed appointment of a chief

constable, and

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(b)   

before making a recommendation under paragraph 4 (where

applicable) or vetoing an appointment under paragraph 5 (where

applicable).

      (2)  

For the purposes of this Part a “confirmation hearing” is a meeting of the

panel, held in public, at which the candidate is requested to appear for the

30

purpose of answering questions relating to the appointment.

      (3)  

References in this Part to a person appearing at a meeting of the panel are

references to the person—

(a)   

attending the meeting in person, or

(b)   

not attending the meeting in person, but participating in the

35

proceedings at the meeting by any means that enable the person to

hear, and be heard in, those proceedings as they happen.

Next steps if no veto

7     (1)  

This paragraph applies if the police and crime panel does not veto the

appointment of a candidate.

40

      (2)  

The police and crime commissioner may accept or reject the panel’s

recommendation as to whether or not the candidate should be appointed.

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 1 — Appointment of chief constables

136

 

      (3)  

The police and crime commissioner must notify the panel of the decision

whether to accept or reject the recommendation.

Next steps if veto

8     (1)  

This paragraph applies if the police and crime panel vetoes the appointment

of a candidate.

5

      (2)  

The police and crime commissioner must not appoint that candidate as chief

constable.

      (3)  

Sub-paragraph (2) is subject to regulations under paragraph 10.

Regulations

9     (1)  

The Secretary of State may make regulations about—

10

(a)   

the steps that are required to be taken by paragraphs 3 to 8, and

(b)   

procedures that are to be followed in taking such steps.

      (2)  

The regulations may, in particular, make provision about the time limits

applicable in taking steps or following procedures (if, or to the extent that,

this Part of this Schedule does not make such provision).

15

10    (1)  

The Secretary of State may make regulations about the appointment of chief

constables in cases where paragraph 8 applies in relation to the appointment

of a candidate (the “rejected candidate”).

      (2)  

The regulations may make provision about—

(a)   

steps to be taken, and

20

(b)   

procedures to be followed.

      (3)  

That includes provision about the time limits applicable in taking steps or

following procedures.

      (4)  

The regulations may make provision about limits on who may be considered

for appointment.

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      (5)  

That includes provision about limiting consideration for appointment to

some or all of the persons already considered as part of the process by which

the rejected candidate was selected for appointment.

      (6)  

The regulations may confer functions on—

(a)   

police and crime commissioners,

30

(b)   

police and crime panels,

(c)   

the Secretary of State, or

(d)   

any other person.

      (7)  

That includes functions involving the exercise of a discretion.

      (8)  

Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph

35

(1).

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 2 — Suspension and removal of chief constables

137

 

Part 2

Suspension and removal of chief constables

Suspension

11         

If a police and crime commissioner suspends a chief constable from duty

under section 38, the commissioner must notify the relevant police and

5

crime panel of the suspension.

Removal: general

12    (1)  

A police and crime commissioner must not call upon a chief constable to

retire or resign until the end of the scrutiny process has been reached.

      (2)  

The end of the scrutiny process is reached when the first of the following

10

events occurs—

(a)   

the period of six weeks mentioned in paragraph 15(3) has ended

without the panel having given the police and crime commissioner

any recommendation as to whether or not the commissioner should

call for the retirement or resignation;

15

(b)   

the police and crime commissioner notifies the panel under

paragraph 16(2) of the decision whether or not to accept the panel’s

recommendation in relation to the resignation or retirement.

Removal: notification and representations

13    (1)  

A police and crime commissioner must comply with this paragraph before

20

calling upon a chief constable to retire or resign under section 38.

      (2)  

The police and crime commissioner must give the chief constable a written

explanation of the reasons why the commissioner is proposing to call for the

retirement or resignation.

      (3)  

The police and crime commissioner must give the relevant police and crime

25

panel—

(a)   

written notification that the commissioner is proposing to call upon

the chief constable to retire or resign; and

(b)   

a copy of the reasons given to the chief constable in accordance with

sub-paragraph (1).

30

      (4)  

The police and crime commissioner must give the chief constable the

opportunity to make written representations about the proposal to call for

the chief constable’s resignation or retirement.

      (5)  

The police and crime commissioner must—

(a)   

consider any written representations made by the chief constable;

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and

(b)   

give the relevant police and crime panel a copy of any such

representations made by the chief constable, as soon as practicable

after the commissioner is given them.

 
 

Police Reform and Social Responsibility Bill
Schedule 8 — Appointment, suspension and removal of senior police officers
Part 2 — Suspension and removal of chief constables

138

 

Removal: further notification

14    (1)  

A police and crime commissioner must comply with this paragraph if, after

complying with paragraph 13, the police and crime commissioner is still

proposing to call upon the chief constable to retire or resign under section 38.

      (2)  

The police and crime commissioner must notify—

5

(a)   

the chief constable, and

(b)   

the relevant police and crime panel,

           

that the commissioner is still proposing to call upon the chief constable to

retire or resign.

Removal: role of panel

10

15    (1)  

This paragraph applies if a police and crime panel is given a notification

under paragraph 14.

      (2)  

The panel must make a recommendation to the police and crime

commissioner as to whether or not the commissioner should call for the

retirement or resignation.

15

      (3)  

The recommendation must be given to the police and crime commissioner in

writing before the end of the period of six weeks beginning with the day on

which the panel receives the notification under paragraph 14.

      (4)  

Before making the recommendation, the panel—

(a)   

may consult the chief inspector of constabulary, and

20

(b)   

must hold a scrutiny hearing.

      (5)  

The panel must publish the recommendation made under this paragraph.

      (6)  

It is for the panel to determine the manner in which the recommendation is

to be published in accordance with sub-paragraph (5).

      (7)  

In calculating the period of six weeks mentioned in sub-paragraph (3), any

25

relevant post-election period is to be ignored.

      (8)  

For that purpose, “relevant post-election period” means the period that—

(a)   

begins with the day of the poll at an ordinary election of a police and

crime commissioner under section 50, and

(b)   

ends with the day on which the person elected as police and crime

30

commissioner delivers a declaration of acceptance of office under

section 71.

      (9)  

For the purposes of this Part a “scrutiny hearing” is a meeting of the panel,

held in private, at which the police and crime commissioner or chief

constable is, or both of them are, requested to appear for the purpose of

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answering questions relating to the proposal to call upon the chief constable

to retire or resign.

     (10)  

References in this Part to a person appearing at a meeting of the panel are

references to the person—

(a)   

attending the meeting in person, or

40

(b)   

not attending the meeting in person, but participating in the

proceedings at the meeting by any means that enable the person to

hear, and be heard in, those proceedings as they happen.

 
 

 
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Revised 4 April 2011