Chwilio Deddfwriaeth

Police Reform and Social Responsibility Act 2011

Changes to legislation:

Police Reform and Social Responsibility Act 2011 is up to date with all changes known to be in force on or before 25 April 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 1

SCHEDULE 1E+WPolice and crime commissioners

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Modifications etc. (not altering text)

IntroductionE+W

1This Schedule applies in relation to the police and crime commissioners established under section 1.

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Commencement Information

I1Sch. 1 para. 1 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Salary etcE+W

2(1)A police and crime commissioner is to be paid a salary.E+W

(2)The Secretary of State is to determine the amount of a commissioner's salary.

(3)The Secretary of State may determine that different salaries are to be payable to the police and crime commissioners for different police areas.

[F1(4)Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.]

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Amendments (Textual)

F1Sch. 1 para. 2(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 91; S.I. 2017/399, reg. 2, Sch. para. 38

Modifications etc. (not altering text)

Commencement Information

I2Sch. 1 para. 2 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

3(1)A police and crime commissioner is to be paid authorised allowances.E+W

(2)In this paragraph “authorised allowances” means allowances, in respect of expenses incurred by a commissioner in the exercise of the commissioner's functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.

(3)A determination under this paragraph may make different provision for different cases.

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Modifications etc. (not altering text)

Commencement Information

I3Sch. 1 para. 3 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

4(1)A police and crime commissioner must make authorised pension payments.E+W

(2)In this paragraph “authorised pension payments” means—

(a)pensions to, or in respect of, persons who have been commissioner, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been commissioner,

which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.

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Commencement Information

I4Sch. 1 para. 4 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

5(1)Payments under paragraphs 2 and 3 are to be made by the police and crime commissioner concerned.E+W

(2)The Secretary of State must publish every determination under any of paragraphs 2 to 4.

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Modifications etc. (not altering text)

Commencement Information

I5Sch. 1 para. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

StaffE+W

6(1)A police and crime commissioner must appoint—E+W

(a)a person to be the head of the commissioner's staff (referred to in this Part as the commissioner's chief executive); and

(b)a person to be responsible for the proper administration of the commissioner's financial affairs (referred to in this Part as the commissioner's chief finance officer).

(2)A police and crime commissioner must comply with paragraphs 9 to 12 in appointing the commissioner's chief executive or the commissioner's chief finance officer.

(3)A police and crime commissioner may appoint such other staff as the commissioner thinks appropriate to enable the commissioner to exercise the functions of commissioner.

(4)Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a police and crime commissioner as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

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Modifications etc. (not altering text)

Commencement Information

I6Sch. 1 para. 6 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

7(1)A police and crime commissioner must appoint a person to act as chief executive, or a chief finance officer, if and for as long as—E+W

(a)that post is vacant, or

(b)the holder of that post is, in the commissioner's opinion, unable to carry out the duties of that post.

(2)A person may not be appointed under sub-paragraph (1) to act as chief finance officer unless the person is qualified to be appointed to the post under paragraph 6.

(3)A reference in any enactment to the chief executive, or chief finance officer, of a police and crime commissioner includes a reference to a person acting as chief executive, or chief finance officer, in accordance with sub-paragraph (1).

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Modifications etc. (not altering text)

Commencement Information

I7Sch. 1 para. 7 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

The deputy police and crime commissionerE+W

8(1)This paragraph applies to a person appointed under section 18 by a police and crime commissioner to be the deputy police and crime commissioner.E+W

(2)None of the following may be appointed as the deputy police and crime commissioner—

(a)a person who has not attained the age of 18 on the day of the appointment;

(b)a person who is subject to a relevant disqualification;

(c)a Member of the House of Commons;

(d)a member of the European Parliament;

(e)a member of the National Assembly for Wales;

(f)a member of the Scottish Parliament;

(g)a member of the Northern Ireland Assembly.

[F2(3)The terms and conditions of a person appointed as the deputy police and crime commissioner must ensure that the term of office ends no later than the sixth day after the day of the poll at the next ordinary election of police and crime commissioners (that is, the day on which the term of office of the appointing police and crime commissioner would, if there were no vacancy in the office before then, end in accordance with section 50(7)(b)).

(3A)The terms and conditions must also provide for the deputy police and crime commissioner’s appointment to end when, following an election held under section 51 to fill a vacancy in the office of the appointing police and crime commissioner, the person elected makes and delivers a declaration of acceptance of office under section 70(1).

(3B)Subject to sub-paragraphs (3) and (3A), the terms and conditions may make such provision about termination as the appointing police and crime commissioner thinks appropriate.]

(4)Section 7 of the Local Government and Housing Act 1989 (appointment of staff on merit) does not apply to the deputy police and crime commissioner.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of this paragraph, a person is subject to a relevant disqualification if the person is disqualified from being elected as, or being, a police and crime commissioner under—

(a)section 65(1) (police officers, police-related employment etc), other than paragraph (e)(ii); or

(b)section 66(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship, bankruptcy, criminal convictions & corrupt or illegal election practices).

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Amendments (Textual)

F2Sch. 1 para. 8(3)-(3B) substituted for Sch. 1 para. 8(3) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 121(2), 183(1), (5)(e) (with s. 121(4)(5)); S.I. 2017/399, reg. 2, Sch. para. 29

F3Sch. 1 para. 8(5) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 121(3), 183(1), (5)(e) (with s. 121(4)(5)); S.I. 2017/399, reg. 2, Sch. para. 29

Commencement Information

I8Sch. 1 para. 8 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Scrutiny of senior appointmentsE+W

9(1)A police and crime commissioner must notify the relevant police and crime panel of each proposed appointment by the commissioner of—E+W

(a)the commissioner's chief executive,

(b)the commissioner's chief finance officer, or

(c)a deputy police and crime commissioner.

(2)In a case where the police and crime commissioner notifies the relevant police and crime panel of such an appointment (“a proposed senior appointment”), the commissioner must also notify the panel of the following information—

(a)the name of the person 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

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

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Modifications etc. (not altering text)

C7Sch. 1 para. 9(1)(b) applied by 2004 c. 21, Sch. A2 para. 11 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C8Sch. 1 para. 9(2) applied by 2004 c. 21, Sch. A2 para. 11 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I9Sch. 1 para. 9 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b) (with art. 4)

10(1)This paragraph applies if a police and crime panel is notified under paragraph 9 of a proposed senior appointment.E+W

(2)The panel must review the proposed senior appointment.

(3)The panel must make a report to the commissioner on the proposed senior 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)The panel must comply with sub-paragraphs (2) to (4), within the period of three weeks beginning with the day on which the panel receives the notification from the commissioner of the proposed senior appointment.

(6)The panel must publish the report to the commissioner made under this paragraph.

(7)It is for the panel to determine the manner in which the recommendation is to be published in accordance with sub-paragraph (6).

(8)In calculating the period of three weeks for the purpose of sub-paragraph (5), any relevant post-election period is to be ignored.

(9)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 commissioner delivers a declaration of acceptance of office under section 70.

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Modifications etc. (not altering text)

C9Sch. 1 paras. 10-12 applied (with modifications) by 2004 c. 21, Sch. A2 para. 11 (as inserted 31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I10Sch. 1 para. 10 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b) (with art. 4)

11(1)A police and crime panel must hold a confirmation hearing before making a report and recommendation under paragraph 10 to the police and crime commissioner in relation to a proposed senior appointment.E+W

(2)For the purposes of this Schedule a “confirmation hearing” is a meeting of the panel, held in public, at which the candidate is requested to appear for the purpose of answering questions relating to the appointment.

(3)References in this Schedule 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 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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Modifications etc. (not altering text)

C9Sch. 1 paras. 10-12 applied (with modifications) by 2004 c. 21, Sch. A2 para. 11 (as inserted 31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I11Sch. 1 para. 11 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b) (with art. 4)

12(1)The police and crime commissioner may accept or reject the panel's recommendation under paragraph 10 as to whether or not the candidate should be appointed.E+W

(2)The police and crime commissioner must notify the panel of the decision whether to accept or reject the recommendation.

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Modifications etc. (not altering text)

C9Sch. 1 paras. 10-12 applied (with modifications) by 2004 c. 21, Sch. A2 para. 11 (as inserted 31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I12Sch. 1 para. 12 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b) (with art. 4)

Remuneration etc of staffE+W

13(1)A police and crime commissioner may pay remuneration, allowances and gratuities to the members of the commissioner's staff.E+W

(2)A police and crime commissioner may pay—

(a)pensions to, or in respect of, persons who have been members of the commissioner's staff, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the commissioner's staff.

(3)In this paragraph “allowances”, in relation to a member of a commissioner's staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

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Commencement Information

I13Sch. 1 para. 13 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Incidental powersE+W

14(1)A police and crime commissioner may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of commissioner.E+W

(2)That includes—

(a)entering into contracts and other agreements (whether legally binding or not);

(b)acquiring and disposing of property (including land);

(c)borrowing money.

(3)This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of police and crime commissioners.

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Commencement Information

I14Sch. 1 para. 14 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Protection from personal liabilityE+W

15(1)A person who is a police and crime commissioner has no personal liability for an act or omission done by the person in the exercise of the commissioner's functions unless it is shown to have been done otherwise than in good faith.E+W

(2)A person who is a member of staff of a police and crime commissioner has no personal liability for an act or omission done by the person in the carrying out of duties as a member of staff unless it is shown to have been done otherwise than in good faith.

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Commencement Information

I15Sch. 1 para. 15 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Financial yearE+W

16(1)The first financial year of a police and crime commissioner is the period that—E+W

(a)begins with the day on which the first election of the commissioner is held, and

(b)ends with the following 31 March.

(2)After that, a commissioner's financial year is the period of 12 months ending with 31 March.

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Commencement Information

I16Sch. 1 para. 16 in force at 22.11.2012 by S.I. 2012/2892, art. 2(b)

Section 2

SCHEDULE 2E+WChief constables

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Modifications etc. (not altering text)

IntroductionE+W

1This Schedule applies to the chief constables established under section 2.

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Commencement Information

I17Sch. 2 para. 1 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Status, name etcE+W

2A chief constable is a corporation sole.

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Commencement Information

I18Sch. 2 para. 2 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

3The name of the chief constable for a police force is “the Chief Constable of” with the addition of the name of the police force.

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Commencement Information

I19Sch. 2 para. 3 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Civilian staffE+W

4(1)The chief constable of a police force must appoint a person to be responsible for the proper administration of the police force's financial affairs (referred to in this Part as the police force's chief finance officer).E+W

(2)The chief constable of a police force may appoint such other staff as the chief constable thinks appropriate—

(a)to enable the chief constable to exercise the chief constable's functions, or

(b)otherwise to assist the relevant police force.

(3)Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a chief constable as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

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Commencement Information

I20Sch. 2 para. 4 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

5(1)A chief constable must appoint a qualified person to act as chief finance officer, if and for as long as—E+W

(a)that post is vacant, or

(b)the holder of that post is, in the chief constable's opinion, unable to carry out the duties of that post.

(2)For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 4.

(3)A reference in any enactment to the police force's chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).

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Commencement Information

I21Sch. 2 para. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Remuneration etc of staffE+W

6(1)A chief constable may pay remuneration, allowances and gratuities to the members of the police force's civilian staff.E+W

(2)A chief constable may pay—

(a)pensions to, or in respect of, persons who have been members of the police force's civilian staff, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the police force's civilian staff.

(3)In this paragraph “allowances”, in relation to a member of a police force's civilian staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 2 para. 6 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Incidental powersE+W

7(1)A chief constable may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of chief constable.E+W

(2)That includes—

(a)entering into contracts and other agreements (whether legally binding or not), but only with the consent of the relevant police and crime commissioner;

(b)acquiring and disposing of property, apart from land, but only with the consent of the relevant police and crime commissioner.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Sub-paragraph (2)(a) does not require the chief constable to obtain the consent of the relevant police and crime commissioner in order to enter into a contract or other agreement with a person—

(a)by virtue of which the person becomes, or is, a member of the police force's civilian staff, or

(b)which otherwise relates to the person's membership of that civilian staff (including the terms and conditions of the person's membership).

(5)This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.

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Amendments (Textual)

Commencement Information

I23Sch. 2 para. 7 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

[F5Financial arrangements etcE+W

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Amendments (Textual)

F5Sch. 2 para. 7A and cross-heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 141(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 11

7A(1)A chief constable may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the chief constable, but only—E+W

(a)for the purpose of meeting expenses pending the receipt of revenues receivable by the chief constable in respect of the period of account in which the expenses are chargeable,

(b)in sterling, and

(c)with the consent of the relevant police and crime commissioner.

(2)A chief constable—

(a)may not borrow money except as permitted by sub-paragraph (1);

(b)may not enter into a credit arrangement.

(3)A chief constable may invest—

(a)for any purpose relevant to the chief constable's functions under any enactment, or

(b)for the purpose of the prudent management of the chief constable's financial affairs,

but only with the consent of the relevant police and crime commissioner.

(4)The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts) apply in relation to a chief constable as they apply in relation to a local authority—

(a)section 6 (protection of lenders);

(b)section 7 (meaning of “credit arrangements”);

(c)sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6);

(d)section 13 (security for money borrowed etc);

(e)section 14 (information);

(f)section 15 (guidance);

(g)section 16 (meaning of “capital expenditure”);

(h)section 17 (external funds);

(i)section 18 (companies etc), ignoring any reference to a Passenger Transport Executive;

(j)section 20 (directions);

(k)sections 21 and 22 (accounts);

(l)section 24(1) and (2)(b) (application to Wales).

(5)Regulations made by the Secretary of State under any of the provisions listed in sub-paragraph (4) apply in relation to the chief constable of a police force in England as they apply in relation to a local authority in England.

(6)Regulations made by the Welsh Ministers under any of those provisions apply in relation to the chief constable of a police force in Wales as they apply in relation to a local authority in Wales.

(7)Any of those provisions, or regulations made under them, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3).

(8)An order under section 217 or 218 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies—

(a)with the substitution of a reference to a chief constable for a reference to a local authority, and

(b)with any other necessary modifications.]

Damages and costs in legal proceedingsE+W

8(1)The following amounts must be paid out of the police fund kept by the relevant police and crime commissioner—E+W

(a)any damages or costs awarded against a chief constable in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the relevant police force's civilian staff;

(b)any costs incurred by a chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings; and

(c)any sum required in connection with the settlement of any claim made against a chief constable in respect of the acts or omissions of a member of the relevant police force's civilian staff, if the settlement is approved by the relevant police and crime commissioner.

(2)A police and crime commissioner may, in such cases and to such extent as appear to the commissioner to be appropriate, pay out of the police fund kept by the commissioner—

(a)any damages or costs awarded against a member of the relevant police force's civilian staff in proceedings for any unlawful conduct of that person;

(b)any costs incurred and not recovered by such a member of staff in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

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Commencement Information

I24Sch. 2 para. 8 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Disciplinary action etcE+W

9Paragraph 2 does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of chief constable.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 2 para. 9 in force at 22.11.2012 by S.I. 2012/2892, art. 2(c)

Section 3

SCHEDULE 3E+WMayor's Office for Policing and Crime

AllowancesE+W

1(1)The occupant of the Mayor's Office for Policing and Crime is to be paid authorised allowances.E+W

(2)In this paragraph “authorised allowances” means allowances, in respect of expenses incurred by the occupant of the Mayor's Office for Policing and Crime in the exercise of the functions of that Office, which are of the kinds and amounts designated by the Secretary of State as payable in accordance with this paragraph.

(3)A determination under this paragraph may make different provision for different cases.

(4)Payments under this paragraph are to be made by the Mayor's Office for Policing and Crime.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 3 para. 1 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

StaffE+W

2(1)The Mayor's Office for Policing and Crime must appoint a person to be the head of that Office's staff (referred to in this Part as the chief executive of the Mayor's Office for Policing and Crime).E+W

(2)The Mayor's Office for Policing and Crime may appoint such other staff (in addition to the chief executive, and the chief finance officer appointed under section 127(2) of the Greater London Authority Act 1999) as the Office thinks appropriate to enable the Office to exercise its functions.

(3)A reference in any enactment to the officers of a functional body of the Greater London Authority is, in the case of the Mayor's Office for Policing and Crime, to be read as a reference to the staff of that Office.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 3 para. 2 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

3(1)The Mayor's Office for Policing and Crime must appoint a person to act as chief executive, if and for as long as—E+W

(a)that post is vacant, or

(b)the holder of that post is, in the opinion of the Mayor's Office for Policing and Crime, unable to carry out the duties of that post.

(2)A reference in any enactment to the chief executive of the Mayor's Office for Policing and Crime includes a reference to a person acting as chief executive in accordance with sub-paragraph (1).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 3 para. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

The Deputy Mayor for Policing and CrimeE+W

4(1)This paragraph applies to the person appointed under section 19 to be the Deputy Mayor for Policing and Crime.E+W

(2)None of the following may be appointed as the Deputy Mayor for Policing and Crime—

(a)a person who has not attained the age of 18 on the day of appointment;

(b)a person who is subject to a relevant disqualification;

(c)a Member of the House of Commons;

(d)a member of the European Parliament;

(e)a member of the National Assembly for Wales;

(f)a member of the Scottish Parliament;

(g)a member of the Northern Ireland Assembly.

(3)The terms and conditions of a person who is appointed as the Deputy Mayor for Policing and Crime must provide for the appointment to end not later than the day when the current term of office of the occupant of the Mayor's Office for Policing and Crime ends.

(4)If, and for as long as, the person who is Deputy Mayor for Policing and Crime is a member of the London Assembly, the Deputy Mayor for Policing and Crime is not to be regarded as a member of staff of the Mayor's Office of Policing and Crime.

(5)But sub-paragraph (4) does not prevent the person who is the Deputy Mayor for Policing and Crime from receiving allowances and gratuities under paragraph 6.

(6)Section 7 of the Local Government and Housing Act 1989 (appointment of staff on merit) does not apply to the Deputy Mayor for Policing and Crime.

(7)In this paragraph “current term of office”, in relation to the appointment of a member of staff by the occupant of the Mayor's Office for Policing and Crime, means the occupant's term of office which is running at the time the appointment is made.

(8)For the purposes of this paragraph, a person is subject to a relevant disqualification if the person is disqualified from being elected as, or being, a police and crime commissioner under—

(a)section 65(1) (police officers, police-related employment etc), other than paragraph (e)(ii); or

(b)section 66(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship, bankruptcy, criminal convictions & corrupt or illegal election practices).

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Commencement Information

I29Sch. 3 para. 4 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Notification of appointmentsE+W

5(1)This paragraph applies to every appointment of a member of staff of the Mayor's Office for Policing and Crime.E+W

(2)The Mayor's Office for Policing and Crime must notify the London Assembly of—

(a)the name of the person appointed;

(b)the post to which the person has been appointed; and

(c)the terms and conditions on which the person has been appointed.

(3)In this paragraph, a reference to appointment of a person as a member of staff of the Mayor's Office for Policing and Crime includes a reference to a person who is already a member of staff of the Office being appointed to a different post within the staff of the Office.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 3 para. 5 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Remuneration etc of staffE+W

6(1)The Mayor's Office for Policing and Crime may pay remuneration, allowances and gratuities to the members of the staff of the Office.E+W

(2)The Mayor's Office for Policing and Crime may pay—

(a)pensions to, or in respect of, persons who have been members of the staff of the Office, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the staff of the Office.

(3)In this paragraph “allowances”, in relation to a member of the staff of the Mayor's Office for Policing and Crime, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 3 para. 6 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Incidental powersE+W

7(1)The Mayor's Office for Policing and Crime may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office.E+W

(2)That includes—

(a)entering into contracts and other agreements (whether legally binding or not);

(b)acquiring and disposing of property (including land);

(c)borrowing money.

(3)This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Mayor's Office for Policing and Crime.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 3 para. 7 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Protection from personal liabilityE+W

8(1)A person who is the occupant of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the exercise of the functions of the office unless it is shown to have been done otherwise than in good faith.E+W

(2)A person who is a member of staff of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the carrying out of duties as a member of staff unless it is shown to have been done otherwise than in good faith.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 3 para. 8 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Financial yearE+W

9(1)The first financial year of the Mayor's Office for Policing and Crime is the period that—E+W

(a)begins with the day on which section 3 comes into force, and

(b)ends with the relevant 31 March.

(2)After that, the financial year of the Mayor's Office for Policing and Crime is the period of 12 months ending with 31 March.

(3)In this paragraph “relevant 31 March”, in relation to the first financial year of the Mayor's Office for Policing and Crime, means—

(a)if that financial year begins on or before 1 October, the first 31 March that falls after the beginning of the financial year;

(b)if that financial year begins after 1 October, the second 31 March that falls after the beginning of the financial year.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 3 para. 9 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Section 4

SCHEDULE 4E+WCommissioner of Police of the Metropolis

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Modifications etc. (not altering text)

Civilian staffE+W

1(1)The Commissioner of Police of the Metropolis must appoint a person to be responsible for the proper administration of the metropolitan police force's financial affairs (referred to in this Part as the metropolitan police force's chief finance officer).E+W

(2)The Commissioner of Police of the Metropolis may appoint such other staff as the Commissioner thinks appropriate—

(a)to enable the Commissioner to exercise the Commissioner's functions, or

(b)otherwise to assist the metropolitan police force.

(3)Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of the Commissioner of Police of the Metropolis as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

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Commencement Information

I35Sch. 4 para. 1 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 7(3))

2(1)The Commissioner of Police of the Metropolis must appoint a qualified person to act as chief finance officer, if and for as long as—E+W

(a)that post is vacant, or

(b)the holder of that post is, in the Commissioner's opinion, unable to carry out the duties of that post.

(2)For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 1.

(3)A reference in any enactment to the metropolitan police force's chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).

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Commencement Information

I36Sch. 4 para. 2 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 7(3))

Remuneration etc of staffE+W

3(1)The Commissioner of Police of the Metropolis may pay remuneration, allowances and gratuities to the members of the metropolitan police force's civilian staff.E+W

(2)The Commissioner of Police of the Metropolis may pay—

(a)pensions to, or in respect of, persons who have been members of the metropolitan police force's civilian staff, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the metropolitan police force's civilian staff.

(3)In this paragraph “allowances”, in relation to a member of a metropolitan police force's civilian staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

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Commencement Information

I37Sch. 4 para. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Incidental powersE+W

4(1)The Commissioner of Police of the Metropolis may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Commissioner.E+W

(2)That includes—

(a)entering into contracts and other agreements (whether legally binding or not), but only with the consent of the Mayor's Office for Policing and Crime;

(b)acquiring and disposing of property, apart from land, but only with the consent of the Mayor's Office for Policing and Crime.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Sub-paragraph (3) does not require the Commissioner of Police of the Metropolis to obtain the consent of the Mayor's Office for Policing and Crime in order to enter into a contract or other agreement with a person—

(a)by virtue of which the person becomes, or is, a member of the metropolitan police force's civilian staff, or

(b)which otherwise relates to the person's membership of that civilian staff (including the terms and conditions of the person's membership).

(5)This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Commissioner.

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Amendments (Textual)

Commencement Information

I38Sch. 4 para. 4 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

[F7Financial arrangements etcE+W

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Amendments (Textual)

F7 Sch. 4 para. 4A and cross-heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 141(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 11

4A(1)The Commissioner of Police of the Metropolis may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the Commissioner, but only—E+W

(a)for the purpose of meeting expenses pending the receipt of revenues receivable by the Commissioner in respect of the period of account in which the expenses are chargeable,

(b)in sterling, and

(c)with the consent of the Mayor's Office for Policing and Crime.

(2)The Commissioner of Police of the Metropolis—

(a)may not borrow money except as permitted by sub-paragraph (1);

(b)may not enter into a credit arrangement.

(3)The Commissioner of Police of the Metropolis may invest—

(a)for any purpose relevant to the Commissioner's functions under any enactment, or

(b)for the purpose of the prudent management of the Commissioner's financial affairs,

but only with the consent of the Mayor's Office for Policing and Crime.

(4)The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), and any regulations made under them by the Secretary of State, apply in relation to the Commissioner of Police of the Metropolis as they apply in relation to a local authority in England—

(a)section 6 (protection of lenders);

(b)section 7 (meaning of “credit arrangements”);

(c)sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6);

(d)section 13 (security for money borrowed etc);

(e)section 14 (information);

(f)section 15 (guidance);

(g)section 16 (meaning of “capital expenditure”);

(h)section 17 (external funds);

(i)section 18 (companies etc), ignoring any reference to a Passenger Transport Executive;

(j)section 20 (directions);

(k)sections 21 and 22 (accounts).

(5)Any of those provisions, or regulations made under them by the Secretary of State, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3).

(6)An order under section 217 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies—

(a)with the substitution of a reference to the Commissioner of Police of the Metropolis for a reference to a local authority, and

(b)with any other necessary modifications.]

Damages and costs in legal proceedingsE+W

5(1)The following amounts must be paid out of the police fund kept by the Mayor's Office for Policing and Crime—E+W

(a)any damages or costs awarded against the Commissioner of Police of the Metropolis in any proceedings brought against the Commissioner in respect of the acts or omissions of a member of the metropolitan police force's civilian staff;

(b)any costs incurred by the Commissioner of Police of the Metropolis in any such proceedings so far as not recovered by the Commissioner in the proceedings; and

(c)any sum required in connection with the settlement of any claim made against the Commissioner of Police of the Metropolis in respect of the acts or omissions of a member of the metropolitan police force's civilian staff, if the settlement is approved by the Mayor's Office for Policing and Crime.

(2)The Mayor's Office for Policing and Crime may, in such cases and to such extent as appear to the Office to be appropriate, pay out of the police fund kept by the Office—

(a)any damages or costs awarded against a member of the metropolitan police force's civilian staff in proceedings for any unlawful conduct of that person;

(b)any costs incurred and not recovered by such a member of staff in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

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Commencement Information

I39Sch. 4 para. 5 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Disciplinary action etcE+W

6Section 4(1) does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of Commissioner of Police of the Metropolis.

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Commencement Information

I40Sch. 4 para. 6 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Section 26

SCHEDULE 5E+WIssuing precepts

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Modifications etc. (not altering text)

C12Sch. 5 applied (with modifications) by 2004 c. 21, Sch. A2 para. 12 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

IntroductionE+W

1(1)A police and crime commissioner may not issue a precept under section 40 of the Local Government Finance Act 1992 for a financial year until the end of the scrutiny process is reached.E+W

(2)The end of the scrutiny process is reached when—

(a)in a case where paragraph 5 applies, the police and crime commissioner gives the police and crime panel a response to the panel's report; or

(b)in a case where paragraph 6 applies, the end of the process is reached in accordance with regulations under paragraph 8.

(3)References in this Schedule to the issuing of a precept include references to the issuing of a substitute precept.

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Commencement Information

I41Sch. 5 para. 1 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Commissioner to notify panel of proposed preceptE+W

2The police and crime commissioner must notify the relevant police and crime panel of the precept which the commissioner is proposing to issue for the financial year (the “proposed precept”).

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Commencement Information

I42Sch. 5 para. 2 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Panel to review proposed preceptE+W

3(1)The police and crime panel must review the proposed precept notified to it under paragraph 2.E+W

(2)The panel must make a report to the commissioner on the proposed precept.

(3)The report may include recommendations, including recommendations as to the precept that should be issued for the financial year.

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Commencement Information

I43Sch. 5 para. 3 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Panel's power to veto preceptE+W

4(1)The police and crime panel may, having reviewed the proposed precept, veto the proposed precept.E+W

(2)If the panel vetoes the proposed precept, the report made under paragraph 3 must include a statement that the panel has vetoed it.

(3)References in this Schedule to a police and crime panel vetoing a proposed precept are references to the panel making a decision, by the required majority, that the proposed precept should not be the precept for the financial year.

(4)For that purpose, the panel makes that decision by the required majority if at least two-thirds of the persons who are members of the panel at the time when the decision is made vote in favour of making that decision.

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Commencement Information

I44Sch. 5 para. 4 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Next steps if no vetoE+W

5(1)This paragraph applies if the police and crime panel does not veto the proposed precept.E+W

(2)The police and crime commissioner must—

(a)have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),

(b)give the panel a response to the report (and any such recommendations), and

(c)publish the response.

(3)The police and crime commissioner may—

(a)issue the proposed precept as the precept for the financial year, or

(b)issue a different precept, but only if it would be in accordance with a recommendation made in the report to do so.

(4)It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with sub-paragraph (2)(c).

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Commencement Information

I45Sch. 5 para. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Next steps if vetoE+W

6(1)This paragraph applies if the police and crime panel vetoes the proposed precept.E+W

(2)The police and crime commissioner must not issue the proposed precept as the precept for the financial year.

(3)The police and crime commissioner must—

(a)have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),

(b)give the panel a response to the report (and any such recommendations), and

(c)publish the response.

(4)It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with sub-paragraph (3)(c).

(5)Sub-paragraph (2) is subject to regulations under paragraph 8.

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Commencement Information

I46Sch. 5 para. 6 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

RegulationsE+W

7(1)The Secretary of State may make regulations about—E+W

(a)the steps that are required to be taken by paragraphs 2 to 6, 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.

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Commencement Information

I47Sch. 5 para. 7 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

8(1)The Secretary of State may make regulations about the issuing of precepts in cases where paragraph 6 applies.E+W

(2)The regulations may make provision about—

(a)steps to be taken, and

(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 the precept that may be issued.

(5)That includes provision about the calculation of limits by reference to—

(a)one or more previous precepts,

(b)the proposed precept, or

(c)any other matters.

(6)The regulations may confer functions on—

(a)police and crime commissioners,

(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 (1).

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Commencement Information

I48Sch. 5 para. 8 in force at 22.11.2012 by S.I. 2012/2892, art. 2(d)

Section 28

SCHEDULE 6E+WPolice and crime panels

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Modifications etc. (not altering text)

Part 1E+WType of panel which police area is to have

EnglandE+W

1(1)Each police area in England, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Part 2 of this Schedule.E+W

(2)But the Secretary of State may, by order, provide that any such police area is to have (for as long as the order has effect) a police and crime panel established and maintained in accordance with Part 3 of this Schedule (instead of a panel established and maintained in accordance with Part 2).

(3)The Secretary of State may make an order under sub-paragraph (2) in relation to a single-authority police area only if the Secretary of State is of the opinion that the relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9.

(4)The Secretary of State may make an order under sub-paragraph (2) in relation to a multi-authority police area only if the Secretary of State is of the opinion that all the relevant local authorities have (whether at the same time or at different times) failed to nominate or appoint one or more of their councillors as members of the panel—

(a)in accordance with paragraphs 7 and 9 (in the case of a police area which covers ten or more local authorities), or

(b)in accordance with paragraphs 8 and 9 (in the case of a police area which covers nine or fewer local authorities).

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Commencement Information

I49Sch. 6 para. 1 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

WalesE+W

2Each police area in Wales is to have a police and crime panel established and maintained in accordance with Part 3 of this Schedule.

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Commencement Information

I50Sch. 6 para. 2 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Part 2E+WPanels established by local authorities

Establishment and maintenance of panelsE+W

3(1)This Part of this Schedule applies in relation to each police area in England (other than the metropolitan police district), unless an order under paragraph 1(2) has effect in relation to the police area.E+W

(2)The local authority or local authorities which such a police area covers must—

(a)establish and maintain a police and crime panel for the police area, and

(b)make the panel arrangements (see paragraph 24) for the police and crime panel.

(3)In the case of a multi-authority police area, all the relevant local authorities must agree to the making or modification of the panel arrangements.

(4)In the following provisions of this Part of this Schedule, a reference to a police and crime panel is a reference to a panel established and maintained in accordance with this paragraph.

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Modifications etc. (not altering text)

Commencement Information

I51Sch. 6 para. 3 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Membership and statusE+W

4(1)A police and crime panel for a police area is to consist of the following members—E+W

(a)the relevant number of persons properly appointed as members of the panel; and

(b)the appropriate number of members co-opted by the panel.

(2)For the purposes of sub-paragraph (1)(a), the “relevant number” is—

(a)ten (if the police area covers ten or fewer local authorities); or

(b)the number that is equal to the number of local authorities which the police area covers (if the police area covers eleven or more local authorities).

(3)For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a)two, or

(b)if a resolution of the panel under sub-paragraph (4) is in force, the number of co-opted members specified in that resolution.

(4)A police and crime panel may resolve that the panel is to have the number of co-opted members specified in the resolution; but no such resolution may be passed unless—

(a)that number of co-opted members is greater than two;

(b)the Secretary of State agrees that the panel should have that number of co-opted members; and

(c)the total membership of the panel, including that number of co-opted members, would not exceed 20.

(5)A police and crime panel is—

(a)a committee of the relevant local authority (if it is the panel for a single-authority police area), or

(b)a joint committee of the relevant local authorities (if it is the panel for a multi-authority police area).

F8(6)A police and crime panel may not exercise any functions other than those conferred by this Act [F8or by, or by virtue of, the Fire and Rescue Services Act 2004.]

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Amendments (Textual)

F8Words in Sch. 6 para. 4(6) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(2); S.I. 2017/399, reg. 2, Sch. para. 38

Commencement Information

I52Sch. 6 para. 4 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Persons properly appointed as members of panelsE+W

5(1)In this Part of this Schedule, a reference to a person properly appointed as a member of a police and crime panel is a reference to—E+W

(a)a person nominated by a relevant local authority to be a member of the panel, and appointed by the authority as a member of the panel, in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, or

(b)a person nominated by the Secretary of State to be a member of the panel, and appointed by the Secretary of State as a member of the panel, in accordance with paragraph 10.

(2)In the case of the police and crime panel for a multi-authority police area which covers nine or fewer local authorities, the panel arrangements must make provision as to the relevant local authority or authorities who are to have power to appoint the extra members of the panel (see paragraph 8(3)(b)).

(3)For that purpose “extra members” means the number of members of the panel produced by this calculation—

where L is the number of local authorities which the police area covers.

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Commencement Information

I53Sch. 6 para. 5 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Single-authority police area: nomination by local authorityE+W

6(1)This paragraph applies in relation to the police and crime panel for a single-authority police area.E+W

(2)If the number of appointed members of the police and crime panel is less than the full complement, the relevant local authority may nominate the appropriate number of its councillors to be members of the police and crime panel.

(3)A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(4)In this paragraph—

  • appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • full complement” means ten members.

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Commencement Information

I54Sch. 6 para. 6 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Police area covering ten or more local authorities: nomination by local authorityE+W

7(1)This paragraph applies in relation to the police and crime panel for a police area which covers ten or more local authorities.E+W

(2)In a case where—

(a)the number of appointed members of the police and crime panel is less than the full complement, and

(b)there is no member of the panel who was appointed by a particular relevant local authority,

the authority may nominate one of its councillors to be a member of the police and crime panel.

(3)A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(4)In this paragraph, “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).

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Commencement Information

I55Sch. 6 para. 7 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Multi-authority police area covering nine or fewer local authorities: nomination by local authorityE+W

8(1)This paragraph applies in relation to the police and crime panel for a multi-authority police area which covers nine or fewer local authorities.E+W

(2)In a case where—

(a)the number of appointed members of the police and crime panel is less than the full complement,

(b)a particular relevant local authority does not have power under the panel arrangements to appoint an extra member of the panel (see paragraph 5(2)), and

(c)there is no member of the panel who was appointed by the authority,

the authority may nominate one of its councillors to be a member of the police and crime panel.

(3)In a case where—

(a)the number of appointed members of the police and crime panel is less than the full complement,

(b)a particular relevant local authority has power under the panel arrangements to appoint one or more extra members of the panel (see paragraph 5(2)), and

(c)the number of members of the panel who are members by virtue of appointment by the authority is less than the authority's quota of members,

the authority may nominate the permitted number of its councillors to be members of the police and crime panel.

(4)A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(5)In this paragraph, in relation to a police and crime panel and a relevant local authority—

  • full complement” means ten members;

  • permitted number” means the number that is equal to the difference between—

    (a)

    the authority's quota of members; and

    (b)

    the number of members of the panel who are members by virtue of appointment by the authority;

  • quota of members” means the number of members calculated by adding one to the number of extra members of the panel which the authority has power to appoint under the panel arrangements (see paragraph 5(2)).

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Commencement Information

I56Sch. 6 para. 8 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Appointment after nomination by local authorityE+W

9(1)This paragraph applies where a relevant local authority makes a nomination under paragraph 6, 7 or 8.E+W

(2)If the nominee accepts the nomination, the relevant local authority may appoint the nominated councillor as a member of the panel.

(3)If the nominee does not accept the nomination, the relevant local authority may nominate another of its councillors to be a member of the police and crime panel (and sub-paragraph (2) or this sub-paragraph applies accordingly, as if the nomination were made under paragraph 6, 7 or 8).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 6 para. 9 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Failure of local authority to appoint member: nomination and appointment by Secretary of StateE+W

10(1)This paragraph applies if the Secretary of State is satisfied that—E+W

(a)the number of appointed members of a police and crime panel is less than the full complement, and

(b)a relevant local authority (the “defaulting local authority”)—

(i)has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, or

(ii)does not have power to make such a nomination and appointment because of paragraph 6(3), 7(3) or 8(4).

(2)The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

(3)Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

(4)If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

(5)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (4) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (2)).

(6)In complying with this paragraph in relation to the police and crime panel for a multi-authority police area, the Secretary of State must secure (as far as is reasonably practicable) that the fair representation objective is met.

(7)The “fair representation objective” referred to in sub-paragraph (6) is—

(a)in the case of a police area which covers ten or more local authorities, the objective that each relevant local authority has only one of its councillors as a member of the panel;

(b)in the case of a police area which covers nine or fewer local authorities, the objective that each relevant local authority has at least one of its councillors as a member of the panel.

(8)If the Secretary of State—

(a)is satisfied that a relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel as mentioned in sub-paragraph (1) (b), and

(b)is considering whether to exercise, has decided to exercise, or has exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9)A notice given under sub-paragraph (8) may be withdrawn by the Secretary of State at any time.

(10)For the purposes of sub-paragraph (1) (b) (i), it is irrelevant that a relevant local authority which has failed to nominate or appoint a councillor as a member of the panel—

(a)may have power under any of paragraphs 6 to 9 to make a further nomination; or

(b)is complying with, or has complied with, the panel arrangements relating to that panel.

(11)In this paragraph—

  • appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 6 para. 10 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Costs of the panelE+W

11(1)This paragraph applies to a multi-authority panel.E+W

(2)The panel arrangements must make provision about—

(a)how the relevant local authorities are to meet the costs of the panel; and

(b)insofar as the provision is necessary, how funds paid (whether by the Secretary of State or otherwise) to meet the costs of the panel are to be paid to, or distributed between, the relevant local authorities.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 6 para. 11 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Part 3E+WPanels established by the Secretary of State

Establishment and maintenance of panelsE+W

12(1)This Part of this Schedule applies in relation to—E+W

(a)each police area in Wales, and

(b)each police area in England in relation to which an order under paragraph 1(2) has effect.

(2)The Secretary of State must—

(a)establish and maintain a separate police and crime panel for each police area to which this Part of this Schedule applies, and

(b)make the panel arrangements (see paragraph 24) for each police and crime panel established and maintained in accordance with this paragraph.

(3)The Secretary of State may make different panel arrangements for different police and crime panels.

(4)In the following provisions of this Part of this Schedule, a reference to a police and crime panel is a reference to a panel established and maintained in accordance with this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 6 para. 12 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Membership and statusE+W

13(1)A police and crime panel for a police area is to consist of the following members—E+W

(a)the relevant number of persons appointed by the Secretary of State as members of the panel; and

(b)the appropriate number of members co-opted by the panel.

(2)For the purposes of sub-paragraph (1) (a), the “relevant number” is—

(a)ten (if the police area covers ten or fewer local authorities); or

(b)the number that is equal to the number of local authorities which the police area covers (if the police area covers eleven or more local authorities).

(3)For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a)two, or

(b)if a resolution of the panel under sub-paragraph (4) is in force, the number of co-opted members specified in that resolution.

(4)A police and crime panel may resolve that the panel is to have the number of co-opted members specified in the resolution; but no such resolution may be passed unless—

(a)that number of co-opted members is greater than two;

(b)the Secretary of State agrees that the panel should have that number of co-opted members; and

(c)the total membership of the panel, including that number of co-opted members, would not exceed 20.

(5)A police and crime panel is not a committee or joint committee of any local authority or local authorities.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 6 para. 13 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Wales: persons appointed by the Secretary of State as members of panelsE+W

14In this Part of this Schedule, a reference to a person appointed by the Secretary of State as a member of a Welsh police and crime panel is a reference to—

(a)a person nominated by a relevant local authority to be a member of the panel, and appointed by the Secretary of State as a member of the panel, in accordance with paragraph 16 (2) to (4)(a), or

(b)a person nominated by the Secretary of State to be a member of the panel, and appointed by the Secretary of State as a member of the panel, in accordance with paragraph 16 (4)(b) to (6).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 6 para. 14 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Wales: Secretary of State to ask local authorities to nominate members of panelsE+W

15(1)This paragraph applies in relation to a Welsh police and crime panel if the Secretary of State is satisfied that the number of appointed members of the panel is less than the full complement.E+W

(2)In the case of a police and crime panel for a single-authority police area, the Secretary of State must ask the relevant local authority to nominate the appropriate number of the authority's councillors to be members of the panel.

(3)In the case of a police and crime panel for a multi-authority police area, the Secretary of State must—

(a)decide which of the relevant local authorities to ask to make nominations under this sub-paragraph (the “nominating authorities”);

(b)decide what number of nominations under this sub-paragraph each nominating authority is to be asked to make; and

(c)ask each nominating authority to nominate that number of the authority's councillors to be members of the panel.

(4)In complying with sub-paragraph (3), the Secretary of State must secure—

(a)that the number of nominations which the nominating authority or authorities are asked to make (when taken together) is equal to the appropriate number; and

(b)that (as far as is reasonably practicable) the fair representation objective is met.

(5)The “fair representation objective” referred to in sub-paragraph (4)(b) is—

(a)in the case of a police area which covers ten or more local authorities, the objective that each relevant local authority has only one of its councillors as a member of the panel;

(b)in the case of a police area which covers nine or fewer local authorities, the objective that each relevant local authority has at least one of its councillors as a member of the panel.

(6)In this paragraph—

  • appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 6 para. 15 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Wales: consequences of Secretary of State asking local authorities to make nominationsE+W

16(1)This paragraph applies if, under paragraph 15, the Secretary of State asks a relevant local authority to nominate a councillor to be a member of a Welsh police and crime panel.E+W

(2)The authority may make the nomination.

(3)If the authority makes the nomination, and the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the police and crime panel.

(4)If the authority fails to make the nomination, or the nominee does not accept the nomination, the Secretary of State must either—

(a)ask the authority to make another nomination (and sub-paragraph (2), and sub-paragraph (3) or this sub-paragraph, apply accordingly, as if the request were made under paragraph 15); or

(b)nominate a person who is a councillor of a relevant local authority to be a member of the police and crime panel.

(5)If the nominee accepts a nomination made under sub-paragraph (4)(b), the Secretary of State must appoint the nominated councillor as a member of the panel.

(6)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (5) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (4)(b)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 6 para. 16 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

England: persons appointed by the Secretary of State as members of panelsE+W

17In this Part of this Schedule, a reference to a person appointed by the Secretary of State as a member of an English police and crime panel is a reference to a person who has been appointed by the Secretary of State as a member of the panel in accordance with paragraph 18.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 6 para. 17 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

England: nomination and appointment of members of panels by Secretary of StateE+W

18(1)This paragraph applies in relation to an English police and crime panel if the Secretary of State is satisfied that the number of appointed members of the panel is less than the full complement.E+W

(2)The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

(3)Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

(4)If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

(5)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (4) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (2)).

(6)In this paragraph—

  • appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 6 para. 18 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Liabilities of panelsE+W

19(1)All relevant liabilities relating to a police and crime panel are liabilities of the Secretary of State (and accordingly are not liabilities of any member of the panel).E+W

(2)Any expense incurred by a member of a police and crime panel—

(a)in respect of a relevant liability, or

(b)otherwise in the exercise of, or purported exercise of, a function of the panel,

is to be borne and repaid by the Secretary of State.

(3)In this paragraph “relevant liability” means a liability which, but for this paragraph, would be a liability of a member of a police and crime panel (whether personally or as a member of that panel) in respect of anything done by—

(a)that person in the exercise, or purported exercise, of a function of a member of the panel,

(b)any other member of the panel in the exercise, or purported exercise, of a function of a member of the panel, or

(c)the panel in the exercise, or purported exercise, of a function of the panel.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 6 para. 19 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Provision of financial and other resourcesE+W

20(1)The Secretary of State may provide financial and other resources—E+W

(a)to a police and crime panel in connection with the exercise of the panel's functions;

(b)to the members of a police and crime panel in connection with the exercise of their functions; and

(c)to one or more of the relevant local authorities covered by a police area in connection with the exercise of functions by—

(i)such an authority in relation to the police and crime panel for that police area,

(ii)that panel, or

(iii)the members of that panel.

(2)The Secretary of State may provide financial or other resources under sub-paragraph (1) subject to conditions.

(3)In the case of resources provided under sub-paragraph (1) (c), the conditions which may be imposed include conditions requiring a relevant local authority to pass resources to, or share resources with, another relevant local authority.

(4)The power under this paragraph to provide resources is in addition to the duty under paragraph 19(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 6 para. 20 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Part 4E+WGeneral provisions

Restrictions on membership of panelE+W

21The police and crime commissioner for a police area may not be a member of the police and crime panel for the area.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 6 para. 21 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

22 [F9(1)] A person may not be a co-opted member of the police and crime panel for a police area if the person is any of the following—E+W

(a)a member of the staff of the police and crime commissioner for that police area;

(b)a member of the civilian staff of the police force for that police area;

(c)a Member of Parliament;

(d)a member of the National Assembly for Wales;

(e)a member of the Scottish Parliament;

(f)a member of the European Parliament.

[F10(2)Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

(3)A person may not be a co-opted member of the panel if the person is—

(a)a member of staff of the fire and rescue authority, or

(b)if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

(i)transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

(ii)appointed by the chief constable under section 4I(4) of that Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Sch. 6 para. 22(1): Sch. 6 para. 22 renumbered as Sch. 6 para. 22(1) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(3)(a); S.I. 2017/399, reg. 2, Sch. para. 38

F10Sch. 6 para. 22(2)(3) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(3)(b); S.I. 2017/399, reg. 2, Sch. para. 38

Commencement Information

I70Sch. 6 para. 22 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

23(1)If the police and crime panel for a police area has two co-opted members, a member of a local authority which is covered by that police area may not be a co-opted member of that panel.E+W

(2)If the police and crime panel for a police area has three or more co-opted members, a member of a local authority which is covered by that police area may be a co-opted member of that panel only if at least two of the other co-opted members are not members of any such local authority.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 6 para. 23 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Panel arrangementsE+W

24(1)Panel arrangements are arrangements for the establishment and maintenance of a police and crime panel.E+W

(2)Panel arrangements must make provision about the co-option of, and holding of office by, the co-opted members of the police and crime panel.

(3)Panel arrangements must include provision about—

(a)the term of office of appointed members and co-opted members of the panel;

(b)resignation, and removal, of appointed members and co-opted members of the panel;

(c)conditions for re-appointment of appointed members and co-opted members of the panel.

(4)Panel arrangements may not make rules of procedure for the police and crime panel (as to which see paragraph 25).

(5)Panel arrangements may make different provision for different cases.

(6)The following persons must comply with the panel arrangements relating to a police and crime panel—

(a)each relevant local authority;

(b)each member of the police and crime panel.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 6 para. 24 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Rules of procedureE+W

25(1)A police and crime panel must make rules of procedure for the panel.E+W

(2)A police and crime panel's rules of procedure must make provision about the appointment, resignation and removal of a person to chair the panel.

(3)The police and crime panel's rules of procedure may, in particular, make provision about—

(a)the method of making decisions, and

(b)the formation of sub-committees.

(4)A sub-committee of a police and crime panel may not co-opt members.

(5)This paragraph is subject to paragraph 27.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 6 para. 25 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Voting by membersE+W

26All members of a police and crime panel may vote in proceedings of the panel.

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Commencement Information

I74Sch. 6 para. 26 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Exercise of special functionsE+W

27(1)The special functions of a police and crime panel may not be discharged by a committee or sub-committee of the panel.E+W

(2)In this paragraph “special functions” means the functions conferred on a police and crime panel by—

(a)section 28(3) (scrutiny of police and crime plan);

(b)section 28(4) (scrutiny of annual report);

(c)paragraphs 10 and 11 of Schedule 1;

(d)Schedule 5 (issuing precepts); and

(e)Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

[F11(3)The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.]

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Amendments (Textual)

F11Sch. 6 para. 27(3) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(4); S.I. 2017/399, reg. 2, Sch. para. 38

Commencement Information

I75Sch. 6 para. 27 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

AllowancesE+W

28The panel arrangements may make provision about the payment of allowances to members of the police and crime panel.

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Commencement Information

I76Sch. 6 para. 28 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Promotion of, and support, for panelsE+W

29The panel arrangements must make provision for—

(a)the role of the police and crime panel to be promoted;

(b)administrative and other support to be given to the police and crime panel and its members;

(c)support and guidance to be given to—

(i)members of relevant local authorities,

(ii)members of the executives (if any) of relevant local authorities, and

(iii)officers of relevant local authorities,

in relation to the functions of the police and crime panel.

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Commencement Information

I77Sch. 6 para. 29 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Validity of proceedingsE+W

30The validity of the proceedings of a police and crime panel is not affected by a vacancy in the membership of the panel or a defect in appointment.

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Commencement Information

I78Sch. 6 para. 30 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Duty to produce balanced panelE+W

31(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.E+W

(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)A police and crime panel must, in co-opting persons who are members of relevant local authorities, secure that (as far is reasonably practicable) the balanced appointment objective is met.

(4)A police and crime panel—

(a)must, from time to time, decide whether the panel's exercise of the power conferred by paragraph 4(4) or 13(4) (changing the number of co-opted members of the panel) would enable the balanced appointment objective to be, or would contribute to that objective being, met or more effectively met; and

(b)if the panel decides that the exercise of the power would do so, must exercise that power accordingly.

(5)The “balanced appointment objective” referred to in this paragraph is the objective that local authority 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.

(6)For that purpose “local authority members” means—

(a)appointed members of the police and crime panel, and

(b)co-opted members of the panel who are members of relevant local authorities.

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Commencement Information

I79Sch. 6 para. 31 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

32In co-opting members who are not members of relevant local authorities, 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.

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Commencement Information

I80Sch. 6 para. 32 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

[F12Duty to produce panel with fire and rescue expertiseE+W

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Amendments (Textual)

F12Sch. 6 para. 32A and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 92(5); S.I. 2017/399, reg. 2, Sch. para. 38

32A(1)Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—E+W

(a)a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and

(b)the area of the fire and rescue authority is the same as, or falls within, the police area.

(2)Each person listed in sub-paragraph (3)—

(a)must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and

(b)if the person considers that the person could exercise such a function to that end, must do so.

(3)Those persons are—

(a)the panel,

(b)a relevant local authority, and

(c)the Secretary of State.

(4)The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.]

Duty to nominate elected mayor to be a member of the panelE+W

33(1)This paragraph applies if—E+W

(a)a local authority has a mayor and cabinet executive, and

(b)the elected mayor of that executive is not a member of the relevant police and crime panel.

(2)If the relevant local authority has power under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) to nominate one or more of its councillors to be members of that panel, any exercise of that power must be such as to secure that the elected mayor is the councillor, or one of the councillors, so nominated.

(3)If the Secretary of State is required by paragraph 10(2), 16(4)(b) or 18(2) to nominate one or more persons to be members of that panel, the Secretary of State must secure that the elected mayor is the person, or one of the persons, so nominated.

(4)The duty in sub-paragraph (2) or (3) does not apply at a particular time if the person who holds office as the elected mayor at that time (the “current mayor”)—

(a)has, since the start of the current mayoral term, already been nominated to be a member of that panel (whether by the relevant local authority or the Secretary of State), and

(b)did not become a member of that panel by virtue of the nomination.

(5)But sub-paragraph (4) does not prevent the exercise of a power under this Schedule so as to make a further nomination of the current mayor to be a member of that panel.

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Modifications etc. (not altering text)

Commencement Information

I81Sch. 6 para. 33 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

34(1)This paragraph applies if—E+W

(a)a local authority has a mayor and cabinet executive,

(b)under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority nominates the person who holds office as elected mayor of the executive at that time (the “current mayor”) to be a member of the relevant police and crime panel,

(c)that is the first such nomination of the current mayor since the start of the current mayoral term, and

(d)the current mayor does not become a member of that panel by virtue of the nomination.

(2)The Secretary of State may not, by virtue of that failure of the current mayor to become a member of the police and crime panel, nominate a person to be a member of that panel under paragraph 10(2) or 16(4)(b).

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Modifications etc. (not altering text)

Commencement Information

I82Sch. 6 para. 34 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

35(1)This paragraph applies for the purposes of paragraphs 33 and 34 and this paragraph.E+W

(2)A reference to the start of the current mayoral term of a person who is the elected mayor of the executive of a local authority is a reference to the time when that person—

(a)took office as elected mayor of that executive (if that person has been so elected on only one occasion), or

(b)most recently took office as elected mayor of that executive (if that person has been so elected on two or more occasions).

(3)The “relevant police and crime panel”, in relation to a local authority, is the police and crime panel for the police area which covers that authority.

(4)The expressions “elected mayor” and “mayor and cabinet executive” have the same meanings as in Part 2 of the Local Government Act 2000.

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Modifications etc. (not altering text)

Commencement Information

I83Sch. 6 para. 35 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Application of other legislationE+W

36(1)The Secretary of State may, by regulations—E+W

(a)amend or otherwise modify any local authority enactment in its application to police and crime panels or members of police and crime panels, and

(b)apply any local authority enactment (with or without modifications) to police and crime panels or members of police and crime panels if, or to the extent that, it does not so apply.

(2)In this paragraph “local authority enactment” means an enactment which relates to—

(a)local authorities or committees or joint committees of local authorities, or

(b)members of such authorities, committees or joint committees.

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Commencement Information

I84Sch. 6 para. 36 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Regulations about notificationsE+W

37The 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.

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Commencement Information

I85Sch. 6 para. 37 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Regulations about making nominationsE+W

38(1)The Secretary of State may, by regulations, make provision about—E+W

(a)the making of nominations (including provision about when nominations lapse);

(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.

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Commencement Information

I86Sch. 6 para. 38 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Regulations about making appointmentsE+W

39(1)The Secretary of State may, by regulations, make provision about—E+W

(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.

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Commencement Information

I87Sch. 6 para. 39 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Regulations about modification etc of functionsE+W

40(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.E+W

(2)In this paragraph, “relevant functions” means functions conferred on relevant local authorities or the Secretary of State by this Schedule.

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Commencement Information

I88Sch. 6 para. 40 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

InterpretationE+W

41(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.E+W

(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 a local authority, means a person who—

    (a)

    is a member of the local authority, or

    (b)

    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;

  • local authority” means—

    (a)

    in relation to England, a county council or a district council;

    (b)

    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 24;

  • 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.

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Commencement Information

I89Sch. 6 para. 41 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

Section 31

F13SCHEDULE 7E+WRegulations about complaints and conduct matters

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Amendments (Textual)

F13Words in Sch. 7 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 73(3); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

C17Sch. 7 applied (with modifications) by 2004 c. 21, Sch. A2 para. 13 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

IntroductionE+W

1(1)In this Schedule—E+W

  • conduct matter” has the same meaning as in section 31;

  • police force” means a police force maintained for a police area in England or Wales or any other police force which exercises functions in England or Wales;

  • qualifying complaint” has the same meaning as in section 31;

  • regulations” means regulations under section 31.

(2)The provisions of this Schedule that confer power to make particular kinds of regulations do not affect the generality of the power conferred by section 31.

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Commencement Information

I90Sch. 7 para. 1 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Investigation of serious complaintsE+W

2(1)This paragraph applies to—E+W

(a)serious complaints, and

(b)conduct matters,

which relate to any relevant office holder.

(2)Regulations must provide for serious complaints and conduct matters to be investigated—

(a)by the [F13Director General of the Independent Office for Police Conduct], or

(b)by a police force, in an investigation that is under the management of the [F13Director General of the Independent Office for Police Conduct].

(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 [F13Director General of the Independent Office for Police Conduct] or a police force.

(4)This paragraph does not prevent regulations from making provision 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;

including provision about the determination of such matters (whether by the [F13Director General of the Independent Office for Police Conduct], a police force or otherwise).

(5)Regulations may make provision about what is to be taken to be a criminal offence for the purposes of sub-paragraph (6).

(6)In this paragraph “serious complaint” means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.

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Commencement Information

I91Sch. 7 para. 2 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Resolution of other complaintsE+W

3(1)This paragraph applies in relation to qualifying complaints which—E+W

(a)relate to a holder of the office of—

(i)police and crime commissioner,

(ii)deputy police and crime commissioner, or

(iii)Deputy Mayor for Policing and Crime (unless the holder of that office is a member of the London Assembly), and

(b)are not, or cease to be, investigated by the [F13Director General of the Independent Office for Police Conduct] or a police force.

(2)Regulations—

(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 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

(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—

(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.

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Commencement Information

I92Sch. 7 para. 3 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

4(1)This paragraph applies in relation to qualifying complaints which—E+W

(a)relate to a holder of the office of—

(i)the Mayor's Office for Policing and Crime, or

(ii)Deputy Mayor for Policing and Crime, if the holder of that office is a member of the London Assembly, and

(b)are not, or cease to be, investigated by the [F13Director General of the Independent Office for Police Conduct] or a police force.

(2)Regulations must secure that such complaints are dealt with in accordance with Part 3 of the Local Government Act 2000.

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Commencement Information

I93Sch. 7 para. 4 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Conferral of functionsE+W

5(1)Regulations may confer functions on—E+W

(a)the [F13Director General of the Independent Office for Police Conduct],

(b)a police force,

(c)police and crime panels,

(d)the Secretary of State, or

(e)any other person.

(2)That includes functions involving the exercise of a discretion.

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Commencement Information

I94Sch. 7 para. 5 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

No power to terminate holding of office or employmentE+W

6(1)Regulations may not provide for a relevant office holder—E+W

(a)to cease to hold office, or

(b)to be required to cease to hold office.

(2)But that does not apply to regulations under, or for the purposes of, paragraph 4.

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Commencement Information

I95Sch. 7 para. 6 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Application and amendment of other enactmentsE+W

7(1)Regulations may apply (with or without modifications), or amend or otherwise modify, Part 2 of the Police Reform Act 2002.E+W

(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—

(a)in connection with, or in consequence of, regulations, or

(b)for the purposes of paragraph 4.

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Commencement Information

I96Sch. 7 para. 7 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Section 38

SCHEDULE 8E+WAppointment, suspension and removal of senior police officers

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Modifications etc. (not altering text)

Part 1 E+WAppointment of chief constables

IntroductionE+W

1 [F14(1)] A police and crime commissioner must comply with this Part of this Schedule in appointing a chief constable under section 38.E+W

[F15(2)The police and crime commissioner also has duties under section 88C of the Police Act 1996 (effect of inclusion in police barred list) in relation to the appointment of a chief constable.]

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Amendments (Textual)

F14Sch. 8 para. 1(1): Sch. 8 para. 1 renumbered as Sch. 8 para. 1(1) (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 30(5)(a), 183(1)(5)(e); S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)

F15Sch. 8 para. 1(2) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 30(5)(b), 183(1)(5)(e); S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I97Sch. 8 para. 1 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

No appointment until end of confirmation processE+W

2(1)A police and crime commissioner must not appoint a person to be chief constable unless—E+W

(a)that person [F16is eligible for appointment] , and

(b)the end of the confirmation process has been reached.

[F17(1A)[F18Subject to sub-paragraph (1AA), a person] is eligible for appointment if the person is or has been—

(a)a constable in any part of the United Kingdom, or

(b)a police officer in an approved overseas police force, of at least the approved rank.

[F19(1AA)Where, under an order under section 4H of the Fire and Rescue Services Act 2004 [F20or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009], functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person—

(a)has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and

(b)has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.]

(1B)An “approved overseas police force” is a police force which—

(a)is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and

(b)is designated in relation to that country or territory by the regulations.

(1C)The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations.

(1D)The College of Policing must recommend to the Secretary of State matters to be designated under this paragraph.

(1E)The Secretary of State may make regulations under this paragraph only if they give effect to a recommendation under sub-paragraph (1D).]

(2)The end of the confirmation process is reached—

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

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Amendments (Textual)

F16Words in Sch. 8 para. 2(1)(a) substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 140(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(a)

F18Words in Sch. 8 para. 2(1A) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 93(a); S.I. 2017/399, reg. 2, Sch. para. 38

F19Sch. 8 para. 2(1AA) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 93(b); S.I. 2017/399, reg. 2, Sch. para. 38

F20Words in Sch. 8 para. 2(1AA) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(10), 183(1), (5)(e); S.I. 2017/726, reg. 2(a)

Commencement Information

I98Sch. 8 para. 2 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Notification of proposed appointmentE+W

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.E+W

(2)In such a case, the police and crime commissioner must also notify the relevant police and crime panel of the following information—

(a)the name of the person 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

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

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Commencement Information

I99Sch. 8 para. 3 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Panel to review and report on proposed appointmentE+W

4(1)This paragraph applies if a police and crime panel is notified under paragraph 3 of a proposed appointment of a chief constable.E+W

(2)The panel must review the proposed appointment.

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

(6)The panel must comply with sub-paragraphs (2) to (4) within the period of three weeks beginning with the day on which the panel receives the notification from the commissioner of the proposed appointment.

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

(10)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 commissioner delivers a declaration of acceptance of office under section 70.

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Commencement Information

I100Sch. 8 para. 4 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Power to veto proposed appointmentE+W

5(1)The police and crime panel may, having reviewed the proposed appointment, veto the appointment of the candidate.E+W

(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.

(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 at least two-thirds 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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Commencement Information

I101Sch. 8 para. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Confirmation hearingsE+W

6(1)A police and crime panel must hold a confirmation hearing—E+W

(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

(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 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 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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Commencement Information

I102Sch. 8 para. 6 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Next steps if no vetoE+W

7(1)This paragraph applies if the police and crime panel does not veto the appointment of a candidate.E+W

(2)The police and crime commissioner may accept or reject the panel's recommendation as to whether or not the candidate should be appointed.

(3)The police and crime commissioner must notify the panel of the decision whether to accept or reject the recommendation.

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Commencement Information

I103Sch. 8 para. 7 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Next steps if vetoE+W

8(1)This paragraph applies if the police and crime panel vetoes the appointment of a candidate.E+W

(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.

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Commencement Information

I104Sch. 8 para. 8 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

RegulationsE+W

9(1)The Secretary of State may make regulations about—E+W

(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).

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Commencement Information

I105Sch. 8 para. 9 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

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”).E+W

(2)The regulations may make provision about—

(a)steps to be taken, and

(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.

(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,

(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 (1).

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Commencement Information

I106Sch. 8 para. 10 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Part 2 E+WSuspension and removal of chief constables

SuspensionE+W

11If a police and crime commissioner suspends a chief constable from duty under section 38, the commissioner must notify the relevant police and crime panel of the suspension.

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Commencement Information

I107Sch. 8 para. 11 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Removal: generalE+W

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.E+W

(2)The end of the scrutiny process is reached when the first of the following 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;

(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.

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Commencement Information

I108Sch. 8 para. 12 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Removal: notification and representationsE+W

13(1)A police and crime commissioner must comply with this paragraph before calling upon a chief constable to retire or resign under section 38.E+W

(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 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).

(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; 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.

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Commencement Information

I109Sch. 8 para. 13 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Removal: further notificationE+W

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.E+W

(2)The police and crime commissioner must notify—

(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.

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Commencement Information

I110Sch. 8 para. 14 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Removal: role of panelE+W

15(1)This paragraph applies if a police and crime panel is given a notification under paragraph 14.E+W

(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.

(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

(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 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 commissioner delivers a declaration of acceptance of office under section 70.

(9)For the purposes of this Part a “scrutiny hearing” is a meeting of the panel, held in private, which the police and crime commissioner and the chief constable are both entitled to attend for the purpose of making representations 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

(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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Commencement Information

I111Sch. 8 para. 15 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Removal: consideration of panel's recommendationE+W

16(1)The police and crime commissioner—E+W

(a)must consider the panel's recommendation given under paragraph 15, and

(b)having considered the recommendation, may accept or reject it.

(2)The police and crime commissioner must notify the panel of the decision whether or not to accept the recommendation.

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Commencement Information

I112Sch. 8 para. 16 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Part 3 E+WSuspension and removal of other senior police officers

Senior police officersE+W

17In this Part of this Schedule “senior police officer” means—

(a)a deputy chief constable, or

(b)an assistant chief constable.

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Commencement Information

I113Sch. 8 para. 17 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

SuspensionE+W

18If a chief constable suspends a senior police officer from duty under section 39 or 40, the chief constable must notify the relevant police and crime commissioner of the suspension.

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Commencement Information

I114Sch. 8 para. 18 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

RemovalE+W

19(1)A chief constable must comply with this paragraph before calling upon a senior police officer to retire or resign under section 39 or 40.E+W

(2)The chief constable must give the senior police officer a written explanation of the reasons why the chief constable is proposing to call for the retirement or resignation.

(3)The chief constable must give the senior police officer the opportunity to make written representations about the proposal to call for the senior police officer's retirement or resignation.

(4)The chief constable must consider any written representations made by the senior police officer.

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Commencement Information

I115Sch. 8 para. 19 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

20(1)This paragraph applies if, after complying with paragraph 19, the chief constable is still proposing to call upon the senior police officer to retire or resign under section 39 or 40.E+W

(2)Before calling for the retirement or resignation, the chief constable must consult the relevant police and crime commissioner.

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Commencement Information

I116Sch. 8 para. 20 in force at 22.11.2012 by S.I. 2012/2892, art. 2(e)

Section 57

SCHEDULE 9E+WSupplementary vote system

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Modifications etc. (not altering text)

ApplicationE+W

1This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

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Commencement Information

I117Sch. 9 para. 1 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

First preference vote and second preference voteE+W

2In this Schedule—

  • first preference vote” means a vote to the extent that it is given so as to indicate a first preference from among the candidates to be the police and crime commissioner;

  • second preference vote” means a vote to the extent that it is given so as to indicate a second preference from among the candidates to be the police and crime commissioner.

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Commencement Information

I118Sch. 9 para. 2 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

Candidate with overall majority of first preference votesE+W

3If one of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, that candidate is to be returned as the police and crime commissioner.

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Commencement Information

I119Sch. 9 para. 3 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

No candidate with overall majority of first preference votesE+W

4(1)If none of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, the following provisions of this paragraph apply.E+W

(2)The two candidates who received the greatest number of first preference votes given in the police area remain in the contest.

(3)If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4)The other candidates are eliminated from the contest.

(5)The number of second preference votes given in the police area for each of the candidates remaining in the contest by votes which did not give a first preference vote to any of those candidates must be ascertained.

(6)That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7)The person who is to be returned as the police and crime commissioner for the police area is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8)If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the police area returning officer must decide by lots which of them is to be returned as the police and crime commissioner.

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Commencement Information

I120Sch. 9 para. 4 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

Section 74

SCHEDULE 10E+WElections of police and crime commissioners: consequential amendments

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Modifications etc. (not altering text)

Local Government Act 1972E+W

1The Local Government Act 1972 is amended as follows.

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Commencement Information

I121Sch. 10 para. 1 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

2In section 67 (consequential and transitional arrangements relating to Part 4), after subsection (5) insert—

(5A)Without prejudice to subsection (5), an order under section 58 which makes provision altering any police areas may make provision as to who is to be a police and crime commissioner, including—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(5B)Such an order which includes provision within subsection (5A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

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Commencement Information

I122Sch. 10 para. 2 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Representation of the People Act 1983E+W

3In section 13B(4) of the Representation of the People Act 1983 (alteration of registers: pending elections), omit “and” at the end of paragraph (d) and after paragraph (f) insert and

(g)elections of police and crime commissioners in England and Wales.

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Commencement Information

I123Sch. 10 para. 3 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Police Act 1996E+W

4The Police Act 1996 is amended as follows.

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Commencement Information

I124Sch. 10 para. 4 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

5(1)Section 32 (power to alter police areas by order) is amended as follows.E+W

(2)In subsection (3)(a), for “police authority” substitute “ local policing body ”.

(3)In subsection (4), after “ensure that” insert “ no police area falls partly in England and partly in Wales and that ”.

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Commencement Information

I125Sch. 10 para. 5 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

6In section 33(1)(a) (objection to alterations proposed by Secretary of State) for “police authority” substitute “ local policing body ”.

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Commencement Information

I126Sch. 10 para. 6 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

7(1)Section 34 (orders altering police areas: supplementary provisions) is amended as follows.E+W

(2)For subsection (1)(a), substitute—

(a)provision as to who is to be a police and crime commissioner;.

(3)After subsection (1) insert—

(1A)Provision falling within subsection (1)(a) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(4)In subsection (2)—

(a)omit “and” at the end of paragraph (a), and

(b)after paragraph (b) insert and

(c)to apply (with or without modification) any provision of, or made under, Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011.

(5)After subsection (2) insert—

(2A)An order under section 32 which includes provision within subsection (1A)(b) may, in particular require the election in question to be held before the alteration of police areas takes effect.

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Commencement Information

I127Sch. 10 para. 7 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Political Parties, Elections and Referendums Act 2000E+W

8The Political Parties, Elections and Referendums Act 2000 is amended as follows.

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Commencement Information

I128Sch. 10 para. 8 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

9In section 5 (reports on elections and referendums)—

(a)in subsection (2), after paragraph (e) insert—

(f)an ordinary election of police and crime commissioners.;

(b)in subsection (2A), omit “or” after paragraph (b), and after paragraph (c) insert or

(d)an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),.

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Commencement Information

I129Sch. 10 para. 9 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

10In section 6A (attendance of representatives of Commission at elections), in subsection (5), after paragraph (d) insert—

(da)an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);.

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Commencement Information

I130Sch. 10 para. 10 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

11In section 7 (Commission to be consulted on changes to electoral law), in subsection (2), after paragraph (h) insert—

(ha)an order under subsection (1)(b) of section 54 of the Police Reform and Social Responsibility Act 2011 (designations of returning officers for elections of persons as police and crime commissioners in England and Wales);

(hb)regulations under subsection (2) of that section (functions of returning officers and local returning officers for such elections);

(hc)an order under section 58 of that Act (conduct of elections of persons as police and crime commissioners in England and Wales);.

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Commencement Information

I131Sch. 10 para. 11 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Prospective

12In section 8 (powers with respect to elections exercisable only on Commission recommendation), in subsection (3), after paragraph (c) insert—

(d)the making of orders under section 58 of the Police Reform and Social Responsibility Act 2011 so far as relating to the matters mentioned in subsection (2)(d) of that section (funding and expenditure of candidates, political parties and other persons in connection with elections of persons as police and crime commissioners in England and Wales).

13In section 9A (setting of performance standards), in subsection (6), after paragraph (d) insert—

(da)an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);.

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Commencement Information

I132Sch. 10 para. 13 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Local Government and Public Involvement in Health Act 2007E+W

14(1)Section 15 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change in England: incidental etc provision in orders or regulations) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), for “police authority” in both places where it occurs substitute “ local policing body ”;

(b)after paragraph (f) insert—

(fa)as to who is to be a police and crime commissioner;.

(3)After subsection (1) insert—

(1A)Provision falling within subsection (1)(fa) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(4)After subsection (3) insert—

(3A)Without prejudice to subsection (2), an order under section 7 or 10 which includes provision within subsection (1A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

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Commencement Information

I133Sch. 10 para. 14 in force at 25.4.2012 by S.I. 2012/1129, art. 2(g)

Section 88

SCHEDULE 11E+WCrime and disorder strategies

1The Crime and Disorder Act 1998 is amended as follows.

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Commencement Information

I134Sch. 11 para. 1 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

2(1)Section 5 (authorities responsible for strategies) is amended as follows.E+W

(2)Omit subsection (1)(c).

(3)For subsections (1A) and (1B) substitute—

(1A)The relevant local policing body in relation to two or more local government areas in England may make a combination agreement with the responsible authorities in relation to those areas (the “combined area”).

(1B)A combination agreement is an agreement for the functions conferred by or under section 6 or by section 7 to be carried out in relation to the combined area as if it constituted only one local government area.

(1BA)The responsible authorities in relation to a combined area are all the persons who are the responsible authorities in relation to each local government area that falls within the combined area.

(1BB)Section 5A contains further provision about the making and contents of combination agreements..

(4)In subsection (1C) for “An order under subsection (1A) above” substitute “ A combination agreement ”.

(5)In subsection (1D), in the definition of “crime and disorder scrutiny functions”, for “an order under subsection (1A) above” substitute “ a combination agreement ”.

(6)After subsection (1D) insert—

(1E)The “relevant local policing body”, in relation to a combined area, is—

(a)if the area falls (wholly or partly) within the police area of a police and crime commissioner, the commissioner,

(b)if the area falls (wholly or partly) within the metropolitan police district, the Mayor's Office for Policing and Crime, and

(c)if the area falls partly within the City of London, the Secretary of State.

(1F)If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly..

(7)In subsection (2) for “those functions” substitute “ the functions conferred by or under section 6 ”.

(8)In subsection (5), omit—

(a)the word “and” at the end of the definition of “fire and rescue authority”, and

(b)the definition of “police authority”.

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Commencement Information

I135Sch. 11 para. 2 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 6(a))

3After section 5 insert—

5ACombination agreements: further provision

(1)A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.

(2)The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—

(a)reducing crime and disorder;

(b)reducing re-offending;

(c)combating the misuse of drugs, alcohol and other substances.

(3)Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.

(4)The combination agreement must include arrangements for securing effective and efficient co-operation—

(a)between each of the relevant local policing bodies in relation to the combined area, and

(b)between the responsible authorities for the area and those relevant local policing bodies.

(5)The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).

(6)The Secretary of State may enter into the agreement only if the Secretary of State—

(a)considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and

(b)is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.

(7)A combination agreement—

(a)must be in writing, and

(b)may be varied by a further combination agreement.

(8)A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.

(9)In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5..

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Commencement Information

I136Sch. 11 para. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

4(1)Section 6 (formulation and implementation of strategies) is amended as follows.E+W

(2)In subsection (1), after “section 5” insert “ , with subsection (1A), ”.

(3)After subsection (1) insert—

(1A)In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area..

(4)In subsection (3) after paragraph (c) insert—

(ca)the conferring of functions on a police and crime commissioner for a police area in England in relation to the formulation and implementation of a strategy for any local government area that lies in that police area;.

(5)After subsection (4) insert—

(4A)Provision under subsection (3)(ca) may include provision—

(a)for a police and crime commissioner to arrange for meetings to be held for the purpose of assisting in the formulation and implementation of any strategy (or strategies) that the commissioner may specify that relate to any part of the police area of the commissioner,

(b)for the commissioner to chair the meetings, and

(c)for such descriptions and numbers of persons to attend the meetings as the commissioner may specify (including, in particular, representatives of the responsible authorities in relation to the strategies to be discussed at the meetings)..

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Commencement Information

I137Sch. 11 para. 4 in force at 22.11.2012 by S.I. 2012/2892, art. 2(f)

5(1)Section 7 (supplemental) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” (in the first place) substitute “ relevant local policing body for that area ”,

(b)for “the Secretary of State” (in the second place) substitute “ that body ”, and

(c)after “section 6 above” insert “ , apart from devolved Welsh functions (as defined by section 5(8)), ”.

(3)After subsection (1) insert—

(1A)The relevant local policing body in relation to a local government area may require a report under subsection (1) only if—

(a)the body is not satisfied that the responsible authorities for the area are carrying out their functions under section 6 in an effective and efficient manner, and

(b)the body considers it reasonable and proportionate in all the circumstances to require a report.

(4)In subsection (3)—

(a)for “Secretary of State” substitute “ relevant local policing body ”, and

(b)for “him” substitute “ the body ”.

(5)After subsection (3) insert—

(4)Relevant local policing body”, in relation to a local government area, means—

(a)if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,

(b)if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and

(c)if the area (or any part of it) is the City of London, the Secretary of State.

(5)If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))—

(a)a report submitted under subsection (1) is to be submitted to each of the relevant local policing bodies for the combined area, and

(b)references in this section to any requirement or arrangement made by the relevant local policing body are references to a requirement or arrangement made by each of the relevant local policing bodies for the combined area acting jointly..

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Commencement Information

I138Sch. 11 para. 5 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 6(b))

Section 89

SCHEDULE 12E+WCollaboration agreements

1The Police Act 1996 is amended as follows.

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Commencement Information

I139Sch. 12 para. 1 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

2(1)Section 23 (police force collaboration agreements) is amended in accordance with this paragraph.E+W

(2)In the title, for “Police force collaboration agreements” substitute Collaboration agreements involving police forces.

(3)Omit subsection (1).

(4)In subsection (2), for the words before paragraph (a) substitute—

(2)Force collaboration provision may, in particular, consist of provision—.

(5)Omit subsection (3).

(6)In subsection (4), for “An agreement” substitute “ A collaboration agreement ”.

(7)In subsection (5), for “an agreement” substitute “ a collaboration agreement ”.

(8)Omit subsections (6), (7) and (8).

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Commencement Information

I140Sch. 12 para. 2 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

3(1)Section 23A (police authority collaboration agreements) is amended in accordance with this paragraph.E+W

(2)For the title substitute Collaboration agreements involving policing bodies.

(3)Omit subsection (1).

(4)In subsection (2)—

(a)for the words before paragraph (a) substitute—

(2)Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—;

(b)in paragraphs (a) and (b), for “authorities” substitute “ policing bodies ”;

(c)in paragraph (c)—

(i)for “an authority” substitute “ a policing body ”;

(ii)for “another authority” (in each place) substitute “ another policing body ”.

(5)In subsection (3), for “In this section” substitute “ In relation to policing body collaboration provision, or policing body & force collaboration provision, ”.

(6)Omit subsection (4).

(7)In subsection (5)—

(a)for “A police authority may make an agreement” substitute “ A policing body may make a collaboration agreement ”;

(b)for “police authorities” substitute “ policing bodies ”.

(8)For subsection (6), substitute—

(6)A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement)..

(9)Omit subsection (7).

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Commencement Information

I141Sch. 12 para. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

4(1)Section 23B (collaboration agreements: payments) is amended in accordance with this paragraph.E+W

(2)In subsection (1), for “relevant police authorities” substitute “ parties to the agreement ”.

(3)In subsection (2)—

(a)after “may” insert “ in the case of policing bodies or chief officers of police who are parties to the agreement ”;

(b)in paragraph (a), for “authorities” (in each place) substitute “ policing bodies or chief officers of police ”.

(4)In subsection (3), for “A relevant police authority” substitute “ A policing body or chief officer of police ”.

(5)Omit subsections (4) and (5).

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Commencement Information

I142Sch. 12 para. 4 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

5(1)Section 23C (collaboration agreements: consultation and supplemental) is amended in accordance with this paragraph.E+W

(2)Omit subsection (1).

(3)After subsection (5) insert—

(6)If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement..

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Commencement Information

I143Sch. 12 para. 5 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

6(1)Section 23D (collaboration agreements: accountability) is amended as follows.E+W

(2)In subsection (1)—

(a)for “police force collaboration agreement” substitute “ collaboration agreement ”;

(b)for “police authority” substitute “ policing body ”.

(3)In subsection (2), for “approving an agreement as mentioned in section 23(6), a police authority” substitute “ making a collaboration agreement to which a chief officer of police is to be a party, a policing body ”.

(4)In subsection (3)—

(a)for “police authority” (in each place) substitute “ policing body ”;

(b)for “consider making” substitute “ make ”.

(5)In subsection (4), for “police authority” substitute “ policing body ”.

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Commencement Information

I144Sch. 12 para. 6 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

7In section 23E (collaboration agreements: publication), in subsection (2), for the words before “must” substitute “ In a case where information is notified to a chief officer of police under section 23D(2), that information ”.

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Commencement Information

I145Sch. 12 para. 7 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

8In section 23F (collaboration agreements: guidance), for “police authorities” (in each place) substitute “ policing bodies ”.

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Commencement Information

I146Sch. 12 para. 8 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

9In section 23G (collaboration agreements: directions), in subsections (1) and (2), for “police authorities” substitute “ policing bodies ”.

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Commencement Information

I147Sch. 12 para. 9 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

10After section 23H insert—

23HADecisions about efficiency or effectiveness

In reaching a conclusion about whether or not a collaboration agreement is, or would be, in the interests of efficiency or effectiveness of one or more police forces (the “police forces under consideration”), a person must, in particular, consider—

(a)the existing collaboration agreements, and other arrangements for co-operation, to which the police forces under consideration are parties;

(b)the desirability of police forces taking a consistent approach in making such agreements and other arrangements; and

(c)the opportunities available to the police forces under consideration to make such agreements and other arrangements..

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Commencement Information

I148Sch. 12 para. 10 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

11(1)Section 23I (collaboration agreements: definitions) is amended in accordance with this paragraph.E+W

(2)In subsection (1), for “23” substitute “ 22A ”.

(3)In subsection (4), for the words before paragraph (a) insert—

(4)Policing body” means—

(aa)a local policing body,.

(4)After subsection (4) insert—

(5)The following expressions have the meanings given in section 22A—

  • “collaboration agreement”;

  • “force collaboration provision”;

  • “policing body collaboration provision”;

  • “policing body & force collaboration provision”.

(6)References to the police force which a policing body is responsible for maintaining include—

(a)in the case of the British Transport Police Authority, the British Transport Police, and

(b)in the case of the Civil Nuclear Police Authority, the Civil Nuclear Constabulary.

(7)References to a police force include—

(a)references to the special constables appointed by a chief officer of police, and

(b)references to the civilian employees of the police force;

and references to the members of a police force are to be read accordingly.

(8)For that purpose “civilian employee” means—

(a)in the case of a police force maintained under section 2 or 5A, the members of the civilian staff of that force;

(b)in the case of any other police force, the employees of the policing body responsible for maintaining that force who are under the direction and control of the chief officer of police of that force..

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Commencement Information

I149Sch. 12 para. 11 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Section 90

SCHEDULE 13E+WPolice powers for civilian employees under collaboration agreements

Police Act 1996E+W

1After section 23A of the Police Act 1996 insert—

23AAForce collaboration provision about civilian employees

(1)This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by designated civilian employees of one police force (the “assisting force”) for the purposes of another police force (the “assisted force”).

(2)The force collaboration provision must specify—

(a)the functions which the designated civilian employees are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and

(b)any restrictions or conditions on that permission for the designated civilian employees to discharge those functions.

(3)The force collaboration provision must not permit the designated civilian employees to discharge functions for the purposes of the assisted force unless those employees are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.

(4)The force collaboration provision does not authorise the designated civilian employees to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).

(5)References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force include references to—

(a)the joint discharge of functions by the civilian employees and members of the assisted police force,

(b)the discharge of functions by the civilian employees in the assisted force's area, and

(c)the provision of the civilian employees to the assisted force.

(6)In this section—

  • designated”, in relation to a civilian employee of a police force, means designated by the chief officer of police of that force by a section 38 designation;

  • relevant section 38 designation”, in relation to a designated civilian employee, means the section 38 designation relating to the employee;

  • section 38 designation” means a designation under section 38 of the Police Reform Act 2002..

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Commencement Information

I150Sch. 13 para. 1 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Police Reform Act 2002E+W

2The Police Reform Act 2002 is amended as follows.

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Commencement Information

I151Sch. 13 para. 2 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

3After section 38A insert—

38BPolice powers for civilian employees under collaboration agreements

(1)The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—

(a)is a civilian employee of another police force (the “assisting force”),

(b)is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and

(c)is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.

(2)The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of one or more of the descriptions specified in section 38(2).

(3)The collaboration designation may designate C as an officer of a particular description specified in section 38(2) only if the section 38 designation designates C as an officer of that description.

(4)C shall have the powers and duties conferred or imposed on C by the collaboration designation.

(5)A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.

(6)C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.

(7)The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.

(8)Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.

(9)C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.

(10)References in this section to the discharge of functions by civilian employees of the assisting force for the purposes of the assisted force have the same meaning as in section 23B of the Police Act 1996.

(11)In this section—

  • civilian employee” has the meaning given by section 23I of the Police Act 1996;

  • relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.

38CDesignations under section 38B: supplementary provision

(1)The collaboration designation of C must be in accordance with the relevant police collaboration provision.

(2)Subsection (1) is in addition to section 38B(5) and (8).

(3)Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.

(4)In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—

(a)as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and

(b)accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.

(5)Expressions used in this section and section 38B have the same meanings in this section as in section 38B..

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Commencement Information

I152Sch. 13 para. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

4(1)Section 42 (supplementary provisions relating to designations and accreditations) is amended in accordance with this paragraph.E+W

(2)In subsection (1), after “section 38” insert “ , 38B ”.

(3)After subsection (2) insert—

(2ZA)A power exercisable by any person in reliance on a designation under section 38B by the chief officer of police of the assisted force shall, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—

(a)determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and

(b)identified or described in the designation.

In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B..

(4)In subsection (2A), after “subsection (2)” insert “ or (2ZA) ”.

(5)In subsection (2B), after “section 38” insert “ (in relation to subsection (2)) or section 38B (in relation to subsection (2ZA)) ”.

(6)In subsection (3), after “section 38” insert “ , 38B ”.

(7)After subsection (7) insert—

(7A)For the purposes of determining liability for the unlawful conduct of a civilian employee of a police force (within the meaning of section 38B), conduct by such an employee in reliance or purported reliance on a designation under section 38B shall be taken to be conduct in the course of the employee's employment by the employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly..

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Commencement Information

I153Sch. 13 para. 4 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

5In section 46 (offences against designated and accredited persons etc), after subsection (4) insert—

(5)References in this section to a designated person are to—

(a)a designated person within the meaning given by section 47(1), and

(b)a person in relation to whom a designation under section 38B is for the time being in force..

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Commencement Information

I154Sch. 13 para. 5 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Railways and Transport Safety Act 2003E+W

6In section 28 of the Railways and Transport Safety Act 2003 (exercise of powers by civilians), after subsection (1)(aa) insert—

(ab)sections 38B and 38C (police powers for civilian employees under collaboration agreements),.

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Commencement Information

I155Sch. 13 para. 6 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Section 95

SCHEDULE 14E+WPolice: complaints

IntroductionE+W

1The Police Reform Act 2002 is amended in accordance with this Schedule.

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Commencement Information

I156Sch. 14 para. 1 in force at 15.11.2011 by S.I. 2011/2515, art. 3(f)

Membership and proceedings of Independent Police Complaints CommissionE+W

2In section 9(2)(b) (minimum number of members of Commission), for “ten” substitute “ five ”.

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Commencement Information

I157Sch. 14 para. 2 in force at 15.11.2011 by S.I. 2011/2515, art. 3(f)

3In Schedule 2 (the Independent Police Complaints Commission), in paragraph 10 (proceedings), omit sub-paragraph (6).

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Commencement Information

I158Sch. 14 para. 3 in force at 15.11.2011 by S.I. 2011/2515, art. 3(f)

Complaints about policingE+W

4Omit section 14 (direction and control matters).

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Modifications etc. (not altering text)

Commencement Information

I159Sch. 14 para. 4 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1 (with art. 8(2)) (as amended (14.11.2012) by S.I. 2012/2892, art. 8(3))

I160Sch. 14 para. 4 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(g) (with art. 6)

5(1)In section 29(1) (interpretation of Part 2), in the definition of “conduct” in subsection (1), for “and statements” substitute “ , statements and decisions ”.E+W

(2)In Schedule 3 (handling of complaints and conduct matters), in paragraph 4 (reference of complaints to the Commission), after sub-paragraph (7) insert—

(8)In a case where—

(a)a complaint relates to a direction and control matter, and

(b)there is no obligation under this paragraph for the appropriate authority to refer the complaint to the Commission,

the appropriate authority may refer the complaint to the Commission under this paragraph only if the Commission consents..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 14 para. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

6In consequence of paragraph 4—

(a)in section 10 (general functions of the Commission), omit subsection (8);

(b)in section 13 (handling of complaints, conduct matters and DSI matters etc), omit “subject to section 14(1)”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 14 para. 6 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Power of local policing body to direct chief officer of police to comply with obligationsE+W

7In section 15 (general duties of local policing bodies, chief officers and inspectors), after subsection (2) insert—

(2A)Subsection (2B) applies in a case where it appears to a local policing body that—

(a)an obligation to act or refrain from acting has arisen by or under this Part,

(b)that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

(c)the chief officer has not yet complied with that obligation, or has contravened it.

(2B)The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

(2C)The chief officer must comply with any direction given under subsection (2B)..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 14 para. 7 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I164Sch. 14 para. 7 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(g) (with art. 6)

Initial handling and recording of complaintsE+W

8(1)In Schedule 3 (handling of complaints and conduct matters), paragraph 2 (initial handling and recording of complaints) is amended in accordance with sub-paragraphs (2) to (5).E+W

(2)For sub-paragraph (1) substitute—

(1)Where a complaint is made to the Commission, it shall give notification of the complaint to the appropriate authority.

(1A)But the Commission need not give that notification if the Commission considers that there are exceptional circumstances that justify its not being given..

(3)Omit sub-paragraph (4).

(4)In sub-paragraph (5)—

(a)in the words before sub-paragraph (a)—

(i)omit the words from “or the Commission” to “sub-paragraph (4)”;

(ii)omit “or, as the case may be, the Commission”;

(b)omit sub-paragraph (b) (and the word “or” preceding it).

(5)[F21After sub-paragraph (7) insert—

(8)Nothing in this paragraph shall require the recording by any person of any complaint about any conduct if that person considers that the complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph..]

(6)In consequence of the amendments made by sub-paragraphs (2) to (5)—

(a)in section 12(2) (complaints, matters and persons to which Part 2 applies), omit “, paragraph 2(4) of Schedule 3”;

(b)in section 29(1) (interpretation of Part 2), omit paragraph (b) of the definition of “recordable conduct matter”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21Sch. 14 para. 8(5) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I165Sch. 14 para. 8 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(g) (with art. 6)

I166Sch. 14 para. 8(1)(2)(3) in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

Handling of complaints by the appropriate authorityE+W

9(1)In Schedule 3 (handling of complaints and conduct matters), for paragraph 6 (handling of complaints by the appropriate authority) substitute—E+W

6(1)This paragraph applies where a complaint has been recorded by the appropriate authority.

(2)But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the Commission under paragraph 4, unless the complaint is for the time being—

(a)referred back to the authority under paragraph 5, or

(b)the subject of a determination under paragraph 15.

(3)Subject to paragraph 7, the appropriate authority shall determine whether or not the complaint is suitable for being subjected to local resolution.

(4)If the appropriate authority determines that the complaint is suitable for being subjected to local resolution, it shall make arrangements for it to be so subjected.

(5)If the appropriate authority determines that the complaint is not so suitable, it shall make arrangements for the complaint to be investigated by the authority on its own behalf.

(6)A determination that a complaint is suitable for being subjected to local resolution may not be made unless the following conditions are both met.

(7)The first condition is that the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings against the person whose conduct is complained of.

(8)The second condition is that the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not involve the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).

(9)In a case where this paragraph applies to a complaint by virtue of sub-paragraph (2)(b), a determination that the complaint is suitable for being subjected to local resolution may not be made unless the Commission approves the determination.

(10)No more than one application may be made to the Commission for the purposes of sub-paragraph (9) in respect of the same complaint.

(11)Sub-paragraph (9) (where applicable) is in addition to sub-paragraphs (6) to (8)..

(2)[F22In paragraphs 7(6)(a) and 16(1)(a) of that Schedule, for “paragraph 6(2)” substitute “ paragraph 6(3) ”.]

(3)In section 22 (power of the Commission to issue guidance), in subsection (5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-paragraph (i)).”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22Sch. 14 para. 9(2) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I167Sch. 14 para. 9 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Disapplication of requirements of Schedule 3 to 2002 ActE+W

10[F23(1)Schedule 3 (handling of complaints and conduct matters) is amended in accordance with this paragraph.E+W

(2)In the italic heading that precedes paragraph 7 (dispensation by the Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation by the Commission from” substitute Disapplication of.

(3)Paragraph 7 is amended in accordance with the following provisions of this paragraph.

(4)In sub-paragraph (1), omit “apply to the Commission, in accordance with the regulations, for permission to”.

(5)After sub-paragraph (1) insert—

(1A)But, in a case where paragraph 6 applies by virtue of paragraph 6(2)(a) or (b), the appropriate authority may not handle the complaint in whatever manner (if any) the authority thinks fit unless—

(a)the authority applies to the Commission, in accordance with the regulations, for permission to so handle the complaint, and

(b)the Commission gives permission..

(6)For sub-paragraph (2) substitute—

(2)The appropriate authority shall notify the complainant—

(a)that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

(b)about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application)..

(7)In sub-paragraph (5)—

(a)for the words before paragraph (a) substitute—

(5)Where the complaint is to be handled in whatever manner (if any) the authority thinks fit (whether or not the Commission's permission is needed), the authority—;

(b)in sub-paragraph (b), for “but for the permission” substitute “ if it were not proceeding in accordance with this paragraph ”.

(8)In sub-paragraph (6)—

(a)after “Where” insert “ the appropriate authority applies to the Commission under sub-paragraph (1A) and ”;

(b)omit “under this paragraph”.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23Sch. 14 para. 10 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I168Sch. 14 para. 10 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Conduct matters arising in civil proceedingsE+W

11(1)In Schedule 3 (handling of complaints and conduct matters), paragraph 10 (conduct matters arising in civil proceedings) is amended in accordance with sub-paragraphs (2) to (4).E+W

(2)In sub-paragraph (3), for “record that matter” substitute “ determine whether the matter is one which it or he is required to refer to the Commission under paragraph 13 or is one which it would be appropriate to so refer ”.

(3)For sub-paragraph (4) substitute—

(4)In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.

(4A)In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.

(4B)In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.

(4C)In any other case, the appropriate authority may (but need not) record the matter.

(4D)In a case where the appropriate authority—

(a)records a matter under this paragraph, and

(b)is not required to refer the matter to the Commission under paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine..

(4)In sub-paragraph (5), for “sub-paragraph (3)” substitute “ sub-paragraph (4) or (4B) ”.

(5)In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “ 10(4D) ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 14 para. 11 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Recording etc of conduct matters in other casesE+W

12(1)In Schedule 3 (handling of complaints and conduct matters), paragraph 11 (recording etc of conduct matters in other cases) is amended in accordance with sub-paragraphs (2) to (4).E+W

(2)In sub-paragraph (1)—

(a)for the words before paragraph (a) substitute—

(1)This paragraph applies where—;

(b)omit the words after paragraph (b).

(3)For sub-paragraph (3) substitute—

(3)The appropriate authority must determine whether the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer.

(3A)In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Commission under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.

(3B)In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.

(3C)In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.

(3D)In any other case, the appropriate authority may (but need not) record the matter.

(3E)In a case where the appropriate authority—

(a)records a matter under this paragraph, and

(b)is not required to refer the matter to the Commission under paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine..

(4)In sub-paragraph (4), for “sub-paragraph (1)” substitute “ sub-paragraph (3A) or (3C) ”.

(5)In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “ 11(3E) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I170Sch. 14 para. 12 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Power to discontinue an investigationE+W

13[F24(1)Schedule 3 (handling of complaints and conduct matters) is amended in accordance with this paragraph.E+W

(2)In the italic heading that precedes paragraph 21 (power of the Commission to discontinue an investigation), omit “of the Commission”.

(3)Paragraph 21 is amended in accordance with the following provisions of this paragraph.

(4)For sub-paragraph (1) substitute—

(1)The Commission may by order require the discontinuance of the investigation of a complaint or matter if (whether on the application of the appropriate authority or otherwise) it appears to the Commission that—

(a)the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and

(b)discontinuance of the investigation is within the Commission's power.

(1A)The appropriate authority that is investigating a complaint or matter may discontinue the investigation if it appears to that authority that—

(a)the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and

(b)discontinuance of the investigation is not within the Commission's power.

(1B)For the purposes of this paragraph—

(a)discontinuance of the investigation of a complaint is within the Commission's power if—

(i)the investigation is being undertaken by the appropriate authority on its own behalf and the complaint is one required to be referred to the Commission under paragraph 4; or

(ii)the investigation is under the supervision or management of the Commission;

(b)discontinuance of the investigation of a matter other than a complaint is within the Commission's power if the investigation is under the supervision or management of the Commission..

(5)After sub-paragraph (3) insert—

(3A)Where the appropriate authority discontinues an investigation under sub-paragraph (1A), the appropriate authority shall give notification of the discontinuance—

(a)to every person entitled to be kept properly informed in relation to the investigation under section 21; and

(b)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant..

(6)In sub-paragraph (4), for “in accordance with this paragraph” substitute “ in accordance with an order under sub-paragraph (1) ”.

(7)After sub-paragraph (5) insert—

(6)Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with sub-paragraph (1A)—

(a)the appropriate authority may take any such steps of a description specified in regulations made by the Secretary of State as he or it considers appropriate for purposes connected with the discontinuance of the investigation; and

(b)subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter..]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F24Sch. 14 para. 13 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I171Sch. 14 para. 13 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Duties with respect to disciplinary proceedingsE+W

14(1)Schedule 3 is amended in accordance with this paragraph.E+W

(2)[F25In paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i) insert—

(ia)whether or not any such person's performance is unsatisfactory, and.]

(3)In paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i) insert—

(ia)whether or not any such person's performance is unsatisfactory, and.

(4)[F26In paragraph 25 (appeals to the Commission with respect to an investigation)—

(a)in sub-paragraph (2)(ba), after “answer” (in the second place) insert “ or that such a person's performance is, or is not, unsatisfactory ”;

(b)in sub-paragraph (3), after sub-paragraph (za) insert—

(zb)sets out whether the appropriate authority has determined any such person's performance is, or is not, unsatisfactory;;

(c)in sub-paragraph (5)(c)(i), after “sub-paragraph (3)(za)” insert “ or (zb) ”;

(d)in sub-paragraph (9), in the words before sub-paragraph (a), for “considers appropriate or” substitute “ considers appropriate, or determines that the appropriate authority has not made a determination as to whether a person's performance is or is not unsatisfactory, or determines that the appropriate authority ”.]

(5)[F26In paragraph 27 (duties with respect to disciplinary proceedings), in sub-paragraph (3)—

(a)after sub-paragraph (za) insert—

(zb)that the person's performance is, or is not, unsatisfactory;;

(b)in sub-paragraph (a), after “conduct” insert “ , efficiency or effectiveness ”;

(c)in sub-paragraph (b), after “conduct” insert “ , efficiency or effectiveness ”.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F25Sch. 14 para. 14(2) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

F26Sch. 14 para. 14(4) (5) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I172Sch. 14 para. 14 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Rights of appealE+W

15Schedule 3 (handling of complaints and conduct matters) is amended in accordance with the following paragraphs of this Schedule.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 14 para. 15 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

16[F27In paragraph 3 (failures to notify or record a complaint), after sub-paragraph (3) insert—

(3A)But the complainant has no right of appeal under sub-paragraph (3) in either of the following cases.

(3B)The first case is where, by virtue of paragraph 2(7), there is no requirement to record the complaint.

(3C)The second case is where—

(a)the complaint relates to a direction and control matter, and

(b)the appeal relates to a failure by a local policing body..]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Sch. 14 para. 16 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I174Sch. 14 para. 16 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

17[F28(1)Paragraph 7 (dispensation by the Commission from requirements of Schedule 3 to 2002 Act) is amended in accordance with this paragraph.E+W

(2)After sub-paragraph (7) insert—

(8)The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under this paragraph to handle the complaint otherwise than in accordance with this Schedule or to take no action in relation to it.

(9)But the complainant has no right of appeal in either of the following cases.

(10)The first case is where the appeal relates to a decision for which the Commission has given permission under this paragraph.

(11)The second case is where the complaint relates to a direction and control matter.

(12)On an appeal under this paragraph, subject to sub-paragraphs (13) and (14), the relevant appeal body shall—

(a)determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b)if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule;

and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).

(13)Sub-paragraph (12) does not apply in a case where a particular chief officer of police is—

(a)the person in respect of whose decision the appeal is made under this paragraph, and

(b)the relevant appeal body in relation to the appeal.

(14)In such a case—

(a)the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b)if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule..]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28Sch. 14 para. 17 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I175Sch. 14 para. 17 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

18[F29For paragraph 9 and the italic heading that precedes it (Appeals relating to local resolution) substitute—

Appeals relating to complaints dealt with other than by investigationE+W

8A(1)The complainant shall have a right of appeal to the relevant appeal body against the outcome of any complaint that is—

(a)subjected to local resolution, or

(b)handled otherwise than in accordance with this Schedule.

(2)But the complainant has no right of appeal if the complaint relates to a direction and control matter.

(3)On an appeal under this paragraph, subject to sub-paragraphs (4) and (5), the relevant appeal body shall—

(a)determine whether the outcome of the complaint is a proper outcome; and

(b)if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken in relation to the complaint;

and it shall be the duty of the appropriate authority to comply with any directions given under paragraph (b).

(4)Sub-paragraph (3) does not apply in a case where a chief officer of police is the relevant appeal body in relation to the appeal.

(5)In such a case—

(a)the appeal shall determine whether the outcome of the complaint is a proper outcome; and

(b)if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate in relation to the complaint..]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F29Sch. 14 para. 18 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I176Sch. 14 para. 18 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

19[F30(1)Paragraph 21 (power of the Commission to discontinue an investigation) is amended in accordance with this paragraph.E+W

(2)After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule) insert—

(7)The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under sub-paragraph (1A) to discontinue the investigation of the complaint.

(8)But the complainant has no right of appeal if the complaint relates to a direction and control matter.

(9)On an appeal under this paragraph, subject to sub-paragraphs (10) and (11), the relevant appeal body shall—

(a)determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b)if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for investigating the complaint;

and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).

(10)Sub-paragraph (9) does not apply in a case where a particular chief officer of police is—

(a)the person in respect of whose decision an appeal is made under this paragraph, and

(b)the relevant appeal body in relation to the appeal.

(11)In such a case—

(a)the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b)if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for investigating the complaint..]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F30Sch. 14 para. 19 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I177Sch. 14 para. 19 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

20(1)In the italic heading that precedes paragraph 25 (appeals to the Commission with respect to an investigation), omit “to the Commission”.E+W

(2)Paragraph 25 is amended in accordance with the following provisions of this paragraph.

(3)[F31In sub-paragraph (2)—

(a)in the words before sub-paragraph (a), for “to the Commission” substitute “ to the relevant appeal body ”;

(b)in the words after sub-paragraph (d)—

(i)for “Commission” substitute “ relevant appeal body ”;

(ii)after “this paragraph” insert “ (except that the duty to notify the appropriate authority does not apply where that authority is the relevant appeal body) ”.]

(4)[F31After sub-paragraph (2) insert—

(2ZA)But the complainant has no right of appeal if the complaint relates to a direction and control matter..]

(5)[F31In sub-paragraph (5), for “Commission” (in each place) substitute “ relevant appeal body ”.]

(6)[F31In sub-paragraph (6)—

(a)for “Commission” (in the first place) substitute “ relevant appeal body ”;

(b)after “any matter” insert

(a)in a case where the Commission is the relevant appeal body,;

(c)at the end insert ; and

(b)in a case where the appropriate authority is the relevant appeal body, that authority shall take such steps as it considers appropriate for securing that the complainant is properly informed..]

(7)[F31In sub-paragraph (7), for “sub-paragraph (6)” substitute “ sub-paragraph (6)(a) ”.]

(8)[F31In sub-paragraph (8)—

(a)after “reconsidered,” insert “ in a case where the Commission is the relevant appeal body ”;

(b)at the end of paragraph (b) insert ; and

in a case where the appropriate authority is the relevant appeal body, that authority shall re-investigate the complaint..]

(9)[F31In sub-paragraph (9)—

(a)for “Commission” (in the first three places) substitute “ relevant appeal body ”;

(b)for “considers appropriate, the Commission shall” substitute considers appropriate—

(a)sub-paragraph (9ZA) applies if the Commission is the relevant appeal body; or

(b)sub-paragraph (9ZB) applies if the chief officer of police is the relevant appeal body.

(9ZA)The Commission shall—.]

(10)[F31Before sub-paragraph (9A) insert—

(9ZB)The chief officer of police shall take such action as the chief officer thinks appropriate in relation to the bringing of disciplinary proceedings in respect of the matters dealt with in the report.

(9ZC)If disciplinary proceedings are brought by virtue of sub-paragraph (9ZB), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion..]

(11)[F31In sub-paragraph (9A)—

(a)for “Commission” substitute “ relevant appeal body ”;

(b)for “it shall direct the appropriate authority” substitute “ in a case where the Commission is the relevant appeal body it shall direct the appropriate authority to, or in a case where the appropriate authority is the relevant appeal body it shall ”;

(c)in sub-paragraph (a)—

(i)omit “to”;

(ii)omit “Commission's”;

(d)in sub-paragraph (b), omit “to”.]

(12)In sub-paragraph (10)—

(a)in the words before paragraph (a), for “Commission” substitute “ relevant appeal body ”;

(b)in sub-paragraph (a), after “authority” insert “ (unless it is the relevant appeal body) ”;

(c)in sub-paragraph (d), for “Commission” substitute “ relevant appeal body ”.

(13)[F32In sub-paragraph (11), for “The Commission” substitute “ In a case where the Commission is the relevant appeal body, it ”.]

(14)In sub-paragraph (13), for “Commission” substitute “ relevant appeal body ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31Sch. 14 para. 20(3)-(11) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

F32Sch. 14 para. 20(13) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 51(a)

Commencement Information

I178Sch. 14 para. 20 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

21In paragraph 29 (minor definitions), before the definition of “gross misconduct” insert—

direction and control matter” means a matter that relates to the direction and control of a police force by—

(a)the chief officer of police of that force, or

(b)a person for the time being carrying out the functions of the chief officer of police of that force;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 14 para. 21 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

22After paragraph 29 insert—

Appeals: the relevant appeal bodyE+W

30(1)The relevant appeal body in relation to an appeal is—

(a)the Commission, in a case where the relevant complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph; or

(b)the chief officer of police who is the appropriate authority in relation to the relevant complaint, in any other case.

(2)In this paragraph and paragraphs 31 and 32—

  • appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);

  • relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.

31(1)This paragraph applies in a case where—

(a)an appeal is made to the Commission, and

(b)the appropriate authority is the relevant appeal body in relation to the appeal.

(2)The Commission must—

(a)forward the appeal to the appropriate authority; and

(b)notify the person who made the appeal—

(i)that the appropriate authority is the relevant appeal body; and

(ii)the appeal has been forwarded.

(3)The appeal is to be taken to have been—

(a)made to the appropriate authority, and

(b)so made at the time when it is forwarded to the appropriate authority.

32(1)This paragraph applies in a case where—

(a)an appeal is made to the appropriate authority; and

(b)the Commission is the relevant appeal body in relation to the appeal.

(2)The appropriate authority must—

(a)forward the appeal to the Commission; and

(b)notify the person who made the appeal—

(i)that the Commission is the relevant appeal body; and

(ii)the appeal has been forwarded.

(3)The appeal is to be taken to have been—

(a)made to the Commission; and

(b)so made at the time when it is forwarded to the Commission..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 14 para. 22 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

Section 98

SCHEDULE 15E+W+SPolice reform: transitional provision

Part 1 E+W+SChief officers of police

Current chief officers to remain in postE+W+S

1(1)At the relevant commencement time a person who, immediately before that time, is in post as the existing chief officer of the police force for a police area becomes the new chief officer of that police force.E+W+S

(2)Where a person has, prior to the relevant commencement time, accepted an appointment as the existing chief officer of the police force for a police area which is to come into effect at a time (the “effective time”) which falls at or after the relevant commencement time, that appointment is to take effect at the effective time as an appointment as the new chief officer of that police force.