Legalize / United Kingdom / Public General Act

Police Reform and Social Responsibility Act 2011

Type Public General Act

Publication 2011-09-15

Last updated 2025-07-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

(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);

(d) Schedule 5 (issuing precepts); and

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

(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.

Allowances

28

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

Promotion of, and support, for panels

29

The 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;

(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.

Validity of proceedings

30

The 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.

Duty to produce balanced panel

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.

(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.

32

In 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.

Duty to nominate elected mayor to be a member of the panel

33

(1) This paragraph applies if—

(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.

34

(1) This paragraph applies if—

(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,

(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).

35

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

(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.

Application of other legislation

36

(1) The Secretary of State may, by regulations—

(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.

Regulations about notifications

37

The Secretary of State may, by regulations, make provision about notifications to be given by persons in relation to—

(a) their compliance, or failure to comply, with any duty imposed under this Schedule; or

(b) their exercise, or failure to exercise, any power conferred under this Schedule.

Regulations about making nominations

38

(1) The Secretary of State may, by regulations, make provision about—

(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.

Regulations about making appointments

39

(1) The Secretary of State may, by regulations, make provision about—

(a) the making of appointments;

(b) the notification of appointments (whether to the appointee or any other person); and

(c) the termination of appointments (including provision about when appointments are to be treated as having been terminated).

(2) In this paragraph “appointment” means—

(a) the appointment by a relevant local authority or the Secretary of State of a person as a member of a police and crime panel, and

(b) the co-option by a police and crime panel of a person to be a member of the panel.

Regulations about modification etc of functions

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.

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

Interpretation

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.

(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—is a member of the local authority, oris 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—in relation to England, a county council or a district council;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.

SCHEDULE 7

Introduction

1

(1) In this Schedule—

“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.

Investigation of serious complaints

2

(1) This paragraph applies to—

(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 Director General of the Independent Office for Police Conduct, or

(b) by a police force, in an investigation that is under the management of the Director 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 Director 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 Director 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.

Resolution of other complaints

3

(1) This paragraph applies in relation to qualifying complaints which—

(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 Director 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.

4

(1) This paragraph applies in relation to qualifying complaints which—

(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 Director 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.

Conferral of functions

5

(1) Regulations may confer functions on—

(a) the Director General of the Independent Office for Police Conduct,

(b) a police force,

(d) the Secretary of State, or

(e) any other person.

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

No power to terminate holding of office or employment

6

(1) Regulations may not provide for a relevant office holder—

(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.

Application and amendment of other enactments

7

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

(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.

SCHEDULE 8

Part 1 — Appointment of chief constables

Introduction

1

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

(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.

No appointment until end of confirmation process

2

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

(a) that person is eligible for appointment , and

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

(1A) Subject 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.

(1AA) Where, under an order under section 4H of the Fire and Rescue Services Act 2004 or 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.

Notification of proposed appointment

3

(1) A police and crime commissioner must notify the relevant police and crime panel of each proposed appointment of a chief constable by the commissioner.

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

(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;

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

Panel to review and report on proposed appointment

4

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

(2) The panel must review the proposed appointment.

(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.

Power to veto proposed appointment

5

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

(2) If the panel vetoes the appointment of the candidate, the report made under paragraph 4 must include a statement that the panel has vetoed it.

(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).

Confirmation hearings

6

(1) A police and crime panel must hold a confirmation hearing—

(a) before making a report under paragraph 4 to the police and crime commissioner in relation to a proposed appointment of a chief constable, and

(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.

Next steps if no veto

7

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

(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.

Next steps if veto

8

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

(2) The police and crime commissioner must not appoint that candidate as chief constable.

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

Regulations

9

(1) The Secretary of State may make regulations about—

(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).

10

(1) The Secretary of State may make regulations about the appointment of chief constables in cases where paragraph 8 applies in relation to the appointment of a candidate (the “rejected candidate”).

(2) The regulations may make provision about—

(a) steps to be taken, and

(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,

(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).

Part 2 — Suspension and removal of chief constables

Suspension

11

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

Removal: general

12

(1) A police and crime commissioner must not call upon a chief constable to retire or resign until the end of the scrutiny process has been reached.

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

Removal: notification and representations

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.

(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.

Removal: further notification

14

(1) A police and crime commissioner must comply with this paragraph if, after complying with paragraph 13, the police and crime commissioner is still proposing to call upon the chief constable to retire or resign under section 38.

(2) The police and crime commissioner must notify—

(a) the chief constable, and

(b) the relevant police and crime panel,

that the commissioner is still proposing to call upon the chief constable to retire or resign.

Removal: role of panel

15

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

(2) The panel must make a recommendation to the police and crime commissioner as to whether or not the commissioner should call for the retirement or resignation.

(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.

Removal: consideration of panel’s recommendation

16

(1) The police and crime commissioner—

(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.

Part 3 — Suspension and removal of other senior police officers

Senior police officers

17

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

(a) a deputy chief constable, or

(b) an assistant chief constable.

Suspension

18

If 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.

Removal

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.

(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.

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.

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

SCHEDULE 9

Application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First preference vote and second preference vote

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Candidate with overall majority of first preference votes

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No candidate with overall majority of first preference votes

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Local Government Act 1972

1

The Local Government Act 1972 is amended as follows.

2

In 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.

Representation of the People Act 1983

3

In 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.

Police Act 1996

4

The Police Act 1996 is amended as follows.

5

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

(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 ”.

6

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

7

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

(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.

Political Parties, Elections and Referendums Act 2000

8

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

9

In 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),

10

In 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);

11

In 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);

12

In 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).

13

In 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);

Local Government and Public Involvement in Health Act 2007

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.

(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.

SCHEDULE 11

1

The Crime and Disorder Act 1998 is amended as follows.

2

(1) Section 5 (authorities responsible for strategies) is amended as follows.

(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”.

3

After section 5 insert—

(5A) (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.

4

(1) Section 6 (formulation and implementation of strategies) is amended as follows.

(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).

5

(1) Section 7 (supplemental) is amended as follows.

(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

(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.

SCHEDULE 12

1

The Police Act 1996 is amended as follows.

2

(1) Section 23 (police force collaboration agreements) is amended in accordance with this paragraph.

(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).

3

(1) Section 23A (police authority collaboration agreements) is amended in accordance with this paragraph.

(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 ”;

(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).

4

(1) Section 23B (collaboration agreements: payments) is amended in accordance with this paragraph.

(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).

5

(1) Section 23C (collaboration agreements: consultation and supplemental) is amended in accordance with this paragraph.

(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.

6

(1) Section 23D (collaboration agreements: accountability) is amended as follows.

(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 ”.

7

In 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 ”.

8

In section 23F (collaboration agreements: guidance), for “police authorities” (in each place) substitute “ policing bodies ”.

9

In section 23G (collaboration agreements: directions), in subsections (1) and (2), for “police authorities” substitute “ policing bodies ”.

10

After section 23H insert—

(23HA) 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.

11

(1) Section 23I (collaboration agreements: definitions) is amended in accordance with this paragraph.

(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.

SCHEDULE 13

Police Act 1996

1

After section 23A of the Police Act 1996 insert—

(23AA) (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.

Police Reform Act 2002

2

The Police Reform Act 2002 is amended as follows.

3

After section 38A insert—

(38B) (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. (38C) (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.

4

(1) Section 42 (supplementary provisions relating to designations and accreditations) is amended in accordance with this paragraph.

(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.

5

In 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.

Railways and Transport Safety Act 2003

6

In 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),

SCHEDULE 14

Introduction

1

The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

2

In section 9(2)(b) (minimum number of members of Commission), for “ten” substitute “ five ”.

3

In Schedule 2 (the Independent Police Complaints Commission), in paragraph 10 (proceedings), omit sub-paragraph (6).

Complaints about policing

4

Omit section 14 (direction and control matters).

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 ”.

(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.

6

In 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)”.

Power of local policing body to direct chief officer of police to comply with obligations

7

In 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).

Initial handling and recording of complaints

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).

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”.

Handling of complaints by the appropriate authority

9

(1) In Schedule 3 (handling of complaints and conduct matters), for paragraph 6 (handling of complaints by the appropriate authority) substitute—

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)).”.

Disapplication of requirements of Schedule 3 to 2002 Act

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct matters arising in civil proceedings

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).

(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) ”.

Recording etc of conduct matters in other cases

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).

(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) ”.

Power to discontinue an investigation

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties with respect to disciplinary proceedings

14

(1) Schedule 3 is amended in accordance with this paragraph.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Rights of appeal

15

Schedule 3 (handling of complaints and conduct matters) is amended in accordance with the following paragraphs of this Schedule.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

(1) In the italic heading that precedes paragraph 25 (appeals to the Commission with respect to an investigation), omit “to the Commission”.

(2) Paragraph 25 is amended in accordance with the following provisions of this paragraph.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) ”;

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) In sub-paragraph (13), for “Commission” substitute “ relevant appeal body ”.

21

In 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;

22

After paragraph 29 insert—

(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.

SCHEDULE 15

Part 1 — Chief officers of police

Current chief officers to remain in post

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.

(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.

(3) Sub-paragraph (2) is without prejudice to any right of the person appointed not to take up the appointment.

Transfer of rights and liabilities

2

At the relevant commencement time, all rights and liabilities which immediately before that time were rights and liabilities of the existing chief officer of the police force for a police area are to transfer to the new chief officer of that police force.

Relevant legislative provisions

3

(1) Any relevant legislative provision which, immediately before the relevant commencement time, applied to chief constables of police forces maintained under section 2 of the Police Act 1996 is to apply after that time in the same way to chief constables established under section 2 of this Act (except where the context otherwise requires).

(2) Any relevant legislative provision which, immediately before the relevant commencement time, applied to the Commissioner of Police of the Metropolis is to apply after that time in the same way to the Commissioner of Police of the Metropolis established under section 4 of this Act (except where the context otherwise requires).

(3) Sub-paragraphs (1) and (2) are subject to any provision to the contrary made—

(a) by or under this Act, or

(b) by any other Act passed, or subordinate legislation made, on or after the passing of this Act.

(4) In this paragraph—

Interpretation

4

In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 2 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section 4 comes into force.

Part 2 — Initial transfer from police authorities

Transfer of property, rights and liabilities

5

(1) At the relevant commencement time, all property, rights and liabilities which immediately before that time were property, rights and liabilities of the existing police authority for a police area are to transfer to, and by virtue of this paragraph vest in, the new policing body for that police area.

(2) This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 6).

Transfer of staff

6

(1) Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the relevant commencement time is a member of the staff of the existing police authority for a police area (the “existing employer”).

(2) A contract of employment between a person to whom this paragraph applies and the existing employer is to have effect from the relevant commencement time as if originally made between that person and the new policing body for the police area in relation to which the existing employer was established (the “new employer”).

(3) Sub-paragraph (2) does not break the continuity of a person's employment and accordingly such a person's period of employment with the existing employer counts as a period of employment with the new employer for the purposes of the Employment Rights Act 1996.

(4) Without prejudice to sub-paragraph (2)—

(a) all the existing employer's rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies are by virtue of this paragraph transferred to the new employer at the relevant commencement time; and

(b) anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

(5) Sub-paragraphs (2) to (4) are without prejudice to any right of a member of staff to terminate the contract of employment if a substantial change is made to the person's detriment in the person's working conditions; but no such right arises by reason only of the change in employer effected by this paragraph.

(6) Where a person—

(a) has, prior to the relevant commencement time, entered into a contract of employment with an existing police authority which is to come into effect at or after that time; and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

that person is to be treated as a person to whom this paragraph applies.

(7) A person who would (but for this sub-paragraph) be treated as being dismissed by the operation of this paragraph (whether by an enactment or otherwise) is to be treated as not being so dismissed.

(8) Sub-paragraph (7) does not apply to a person who, by virtue of sub-paragraph (5), does not become an employee of a new policing body.

(9) This paragraph is subject to paragraph 7.

Police civilians

7

(1) The new policing body for a police area—

(a) is to have, for the purpose mentioned in sub-paragraph (2), relevant powers to arrange for the new chief officer of the police force for that area to discharge functions of that body; and

(b) must exercise those powers for the purpose mentioned in sub-paragraph (2).

(2) That purpose is securing that the police civilian members of staff of that new policing body are under the direction and control of that chief officer.

(3) Any arrangements made in compliance with section 15(2) of the Police Act 1996 between the existing police authority for a police area and the existing chief officer of the police force for that area which are in force immediately before the relevant commencement time are to have effect at and after that time as if made under this paragraph between the new policing body for that area and the new chief officer of that police force.

(4) Sub-paragraph (5) applies to a person who—

(a) immediately before the relevant commencement time, is a police civilian member of the staff of an existing police authority, and

(b) at that time becomes a member of the staff of the new policing body for a police area by virtue of paragraph 6.

(5) For as long as the person continues to be a member of the staff of that body, the person is to be—

(a) employed as a police civilian member of that staff, and

(b) under the direction and control of the new chief officer of the police for that area.

(6) Sub-paragraph (5) does not prevent the new policing body from making arrangements with the person for the person to cease to be a police civilian member of staff of that body (whether or not the person remains a member of the staff of that body).

(7) After the relevant commencement time, a new policing body may, for either of the purposes set out in sub-paragraph (8), make arrangements—

(a) with any member of the staff of the body who is not a police civilian member of staff to become a police civilian member of that staff, or

(b) with a person who is not a member of that body's staff to become a police civilian member of that staff.

(8) In relation to the new policing body for a police area those purposes are—

(a) replacing police civilian members of staff of the existing police authority for that area who did not become members of the staff of the new policing body in accordance with paragraph 6;

(b) replacing police civilian members of staff of the new policing body who have ceased to be police civilian members of staff of that body otherwise than by virtue of a transfer scheme under Part 2 of this Schedule; or

(9) Sub-paragraphs (1) to (5) are subject to—

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