Police Reform and Social Responsibility Act 2011

• Citation: 2011 c. 13
• Sections: 772

Section 1 Police and crime commissioners

(1) There is to be a police and crime commissioner for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

(2) A police and crime commissioner is a corporation sole.

(3) Unless subsection (3B) applies, the name of the police and crime commissioner for a police area is “the Police and Crime Commissioner for” with the addition of the name of the police area.

(3A) Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(3B) In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.

(4) The police and crime commissioner for a police area is to be elected, and hold office, in accordance with Chapter 6.

(5) A police and crime commissioner has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(6) The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and

(b) secure that the police force is efficient and effective.

(7) The police and crime commissioner for a police area must hold the relevant chief constable to account for the exercise of—

(a) the functions of the chief constable, and

(b) the functions of persons under the direction and control of the chief constable.

(8) The police and crime commissioner must, in particular, hold the chief constable to account for—

(a) the exercise of the duty under section 8(2) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty under section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

(ca) the exercise of the chief constable’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(d) the effectiveness and efficiency of the chief constable's arrangements for co-operating with other persons in the exercise of the chief constable's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the chief constable's arrangements under section 34 (engagement with local people);

(f) the extent to which the chief constable has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity that are imposed on the chief constable by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the chief constable by sections 10 and 11 of the Children Act 2004.

(9) The police authorities established for police areas under section 3 of the Police Act 1996 are abolished.

(9A) Subsection (1) does not apply to an area in relation to which an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009 has effect (order providing for mayor for an area of a combined authority to exercise functions of a police and crime commissioner for the area).

(10) Schedule 1 (police and crime commissioners) has effect.

Section 2 Chief constables

(1) Each police force is to have a chief constable.

(2) The chief constable of a police force is to be appointed, and hold office, in accordance with—

(a) section 38, and

(b) the terms and conditions of the appointment.

(3) A police force, and the civilian staff of a police force, are under the direction and control of the chief constable of the force.

(4) A chief constable has the other functions conferred by this Act and by other enactments.

(5) A chief constable must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the relevant police and crime commissioner to exercise the commissioner's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 2 (chief constables) has effect.

(8) In this section “ police force ” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (see section 2 of that Act).

Section 3 Mayor's Office for Policing and Crime

(1) There is to be a body with the name “The Mayor's Office for Policing and Crime” for the metropolitan police district.

(2) The Mayor's Office for Policing and Crime is a corporation sole.

(3) The person who is Mayor of London for the time being is to be the occupant for the time being of the Mayor's Office for Policing and Crime.

(4) Accordingly, where a person is the occupant of the Mayor's Office for Policing and Crime by virtue of a particular term of office as Mayor of London (the “relevant mayoral term”), the person's term as the occupant of the Mayor's Office for Policing and Crime—

(a) begins at the same time as the relevant mayoral term, and

(b) ends at the same time as the relevant mayoral term.

(5) The Mayor's Office for Policing and Crime has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(6) The Mayor's Office for Policing and Crime must—

(a) secure the maintenance of the metropolitan police force, and

(b) secure that the metropolitan police force is efficient and effective.

(7) The Mayor's Office for Policing and Crime must hold the Commissioner of Police of the Metropolis to account for the exercise of—

(a) the functions of the Commissioner, and

(b) the functions of persons under the direction and control of the Commissioner.

(8) The Mayor's Office for Policing and Crime must, in particular, hold the Commissioner to account for—

(a) the exercise of the duty imposed by section 8(4) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty imposed by section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

(ca) the exercise of the Commissioner’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(d) the effectiveness and efficiency of the Commissioner's arrangements for co-operating with other persons in the exercise of the Commissioner's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the Commissioner's arrangements under section 34 (engagement with local people);

(f) the extent to which the Commissioner has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity imposed on the Commissioner by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004.

(9) In section 424 of the Greater London Authority Act 1999 (interpretation), in subsection (1), in the definition of “functional body”, for paragraph (c) substitute—

(c) the Mayor's Office for Policing and Crime; or

(10) In this section, references to the Mayor of London include references to a person who is, by virtue of Schedule 4 to the Greater London Authority Act 1999 (exercise of functions of Mayor during vacancy or incapacity), treated as if the person were the Mayor of London.

(11) Where such a person is the occupant for the time being of the Mayor's Office for Policing and Crime, references in this section to the relevant mayoral term are references to the period for which the person is treated as if the person were the Mayor of London.

(12) The Metropolitan Police Authority is abolished.

(13) Schedule 3 (Mayor's Office for Policing and Crime) has effect.

Section 4 Commissioner of Police of the Metropolis

(1) There is to be a corporation sole with the name “the Commissioner of Police of the Metropolis”.

(2) The Commissioner of Police of the Metropolis is to be appointed, and hold office, in accordance with—

(a) sections 42 and 48, and

(b) the terms and conditions of the appointment.

(3) The metropolitan police force, and the civilian staff of the metropolitan police force, are under the direction and control of the Commissioner of Police of the Metropolis.

(4) The Commissioner of Police of the Metropolis has the other functions conferred by this Act and by other enactments.

(5) The Commissioner of Police of the Metropolis must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the Mayor's Office for Policing and Crime to exercise that Office's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 4 (Commissioner of Police of the Metropolis) has effect.

Section 5 Police and crime commissioners to issue police and crime plans

(1) The police and crime commissioner for a police area must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) A police and crime commissioner must comply with the duty under subsection (1) as soon as practicable after the commissioner takes office.

(3) A police and crime commissioner may, at any time, issue a police and crime plan.

(4) A police and crime commissioner may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, a police and crime commissioner must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

(5A) Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—

(a) which corresponds to the area of a fire and rescue authority created by an order under section 4A, or

(b) within which the area of such a fire and rescue authority falls.

(5B) Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—

(a) the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and

(b) the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(5C) A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.

(5D) If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority’s priorities and objectives, for the period of the plan, in connection with the discharge of the authority’s functions.

(5E) Subsection (5B)(b) does not apply to a joint police and crime plan.

(6) Before issuing or varying a police and crime plan, a police and crime commissioner must—

(a) prepare a draft of the plan or variation,

(b) consult the relevant chief constable in preparing the draft plan or variation,

(c) send the draft plan or variation to the relevant police and crime panel,

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 28(3)),

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

(f) publish any such response.

(7) In complying with subsection (6)(c), the police and crime commissioner must ensure that the relevant police and crime panel has a reasonable amount of time to exercise its functions under section 28(3).

(8) A police and crime commissioner must consult the relevant chief constable before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) A police and crime commissioner must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of—

(i) any report or recommendations made to the commissioner by the relevant police and crime panel under section 28(4), and

(ii) any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) A police and crime commissioner who issues or varies a police and crime plan must—

(a) send a copy of the issued plan, or the variation, to the relevant chief constable and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the relevant police area, and

(b) publish a copy of the issued plan, or the variation.

(11) The duty under subsection (10) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

(12) It is for the commissioner to determine the manner in which—

(a) a response to a report or recommendations is to be published in accordance with subsection (6)(f), and

(b) a copy of the plan or variation is to be published in accordance with subsection (10) (b).

(13) In this section—

“ financial year ” means the financial year of the police and crime commissioner;

“ ordinary election ”, in relation to the police and crime commissioner for a police area, means an election held under section 50 in relation to that area.

Section 6 Mayor's Office for Policing and Crime to issue police and crime plans

(1) The Mayor's Office for Policing and Crime must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) The Mayor's Office for Policing and Crime must comply with the duty under subsection (1) as soon as practicable after the person elected in the ordinary election takes office.

(3) The Mayor's Office for Policing and Crime may, at any time, issue a police and crime plan.

(4) The Mayor's Office for Policing and Crime may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must—

(a) prepare a draft of the plan or variation,

(b) consult the Commissioner of Police of the Metropolis in preparing the draft plan or variation,

(c) send the draft plan or variation to the police and crime panel of the London Assembly (see section 32),

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 33(1)),

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

(f) publish any such response.

(7) In complying with subsection (6)(c), the Mayor's Office for Policing and Crime must ensure that the police and crime panel has a reasonable amount of time to exercise its functions under section 33(1).

(8) The Mayor's Office for Policing and Crime must consult the Commissioner of Police of the Metropolis before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) The Mayor's Office for Policing and Crime must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) The provisions of the 1999 Act set out in subsection (11) apply to the Mayor's Office for Policing and Crime and police and crime plans as the provisions apply to the Mayor of London and the relevant mayoral strategies.

(11) Those provisions of the 1999 Act are—

(a) section 33(1)(b) and (c) (equality of opportunity);

(b) section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12) (general duties in preparing and revising strategies);

(c) section 42(1) and (6) (consultation);

(d) section 42A (apart from subsection (2)) (consultation: supplementary provision);

(e) section 43 (publicity and availability of strategies);

(f) section 44 (directions by the Secretary of State).

(12) Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as if the police and crime plan were a strategy listed in section 41(1) of the 1999 Act.

(13) The Mayor of London and the Mayor's Office for Policing and Crime must co-operate with each other in exercising their respective functions under section 41(5)(b) of the 1999 Act.

(14) In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district”.

(15) In this section—

“ 1999 Act ” means the Greater London Authority Act 1999;

“ financial year ” means the financial year of the Mayor's Office for Policing and Crime;

“ ordinary election ” means an election of the Mayor of London held under section 3 of the 1999 Act;

“ relevant mayoral strategy ”, in relation to a provision set out in subsection (11), means a strategy to which the provision applies.

Section 7 Police and crime plans

(1) A police and crime plan is a plan which sets out, in relation to the planning period, the following matters—

(a) the elected local policing body's police and crime objectives;

(b) the policing of the police area which the chief officer of police is to provide;

(c) the financial and other resources which the elected local policing body is to provide to the chief officer of police for the chief officer to exercise the functions of chief officer;

(d) the means by which the chief officer of police will report to the elected local policing body on the chief officer's provision of policing;

(e) the means by which the chief officer of police's performance in providing policing will be measured;

(ea) the services which are to be provided by virtue of section 143 of the Anti-social Behaviour, Crime and Policing Act 2014;

(f) any grants which the elected local policing body is to make under that section, and the conditions (if any) subject to which any such grants are to be made.

(2) The elected local policing body's police and crime objectives are the body's objectives for—

(a) the policing of the body's area,

(b) crime and disorder reduction in that area, and

(c) the discharge by the relevant police force of its national or international functions.

(3) A police and crime plan has effect from the start of the planning period until—

(a) the end of that planning period, or

(b) if another police and crime plan is issued in relation to the elected local policing body's area before the end of that planning period, the day when that other plan first has effect.

(4) The Secretary of State may give guidance to elected local policing bodies about the matters to be dealt with in police and crime plans.

(5) An elected local policing body must have regard to such guidance.

(6) Before giving guidance under subsection (4) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

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

(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

(7) In this section, in relation to a police and crime plan—

“ financial year ” means the financial year of the elected local policing body;

“ordinary election”—

in relation to a police and crime commissioner, has the meaning given in section 5;

in relation to the Mayor's Office for Policing and Crime, has the meaning given in section 6;

“ planning period ”, in relation to a police and crime plan, is the period that—

begins with—

the day on which the plan is issued, or

if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and

ends with the last day of the financial year in which the next ordinary election is expected to take place after the plan is issued;

“ qualifying day ” means a day which meets the following conditions (so far as applicable)—

the day must fall after the day on which the plan is issued;

the day must not fall after the day on which the next ordinary election is expected to take place after the plan is issued;

in the case of a plan issued in accordance with the duty in section 5(1) or 6(1), the day must be, or fall before, the first day of the financial year following the financial year in which that duty must be complied with.

Section 8 Duty to have regard to police and crime plan

(1) A police and crime commissioner must, in exercising the functions of commissioner, have regard to the police and crime plan issued by the commissioner.

(2) The chief constable of the police force for a police area listed in Schedule 1 to the Police Act 1996 must, in exercising the functions of chief constable, have regard to the police and crime plan issued by the police and crime commissioner for that police area.

(3) The Mayor's Office for Policing and Crime must, in exercising the functions of the Office, have regard to the police and crime plan issued by the Office.

(4) The Commissioner of Police of the Metropolis must, in exercising the functions of Commissioner, have regard to the police and crime plan issued by the Mayor's Office for Policing and Crime.

(5) The Secretary of State may give guidance to a person subject to a duty under this section about how that duty is to be complied with.

(6) A person given such guidance must have regard to the guidance.

(7) Before giving guidance under subsection (5) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

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

(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

Section 9 Crime and disorder reduction grants

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Section 10 Co-operative working

(1) The elected local policing body for a police area must, in exercising its functions, have regard to the relevant priorities of each responsible authority.

(2) The elected local policing body for a police area, in exercising its functions, and a responsible authority, in exercising its functions conferred by or under section 6 of the Crime and Disorder Act 1998 in relation to that police area, must act in co-operation with each other.

(3) The elected local policing body for a police area, and the criminal justice bodies which exercise functions as criminal justice bodies in that police area, must make arrangements (so far as it is appropriate to do so) for the exercise of functions so as to provide an efficient and effective criminal justice system for the police area.

(4) The references in this section to a responsible authority exercising functions in relation to a police area are references to the responsible authority exercising the functions in relation to a local government area that is comprised, or included, in the police area.

(5) In this section—

“ criminal justice body ”, in relation to the elected local policing body for a police area, means—

the chief officer of police for that police area;

the Crown Prosecution Service;

the Lord Chancellor, in exercising functions under section 1 of the Courts Act 2003 (duty to ensure efficient and effective courts service);

a Minister of the Crown, in exercising functions in relation to prisons (within the meaning of the Prison Act 1952);

a youth offending team established under section 39 of the Crime and Disorder Act 1998;

a person with whom the Secretary of State has made contractual or other arrangements, under section 3(2) of the Offender Management Act 2007, for the making of probation provision;

the Secretary of State, in making probation provision in accordance with arrangements made by the Secretary of State under section 3(5) of the Offender Management Act 2007;

“ functions ” does not include functions which are exercisable only in relation to Wales and relate to matters in relation to which the Welsh Ministers have functions;

“ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975;

“ relevant priority ”, in relation to a responsible authority, means a priority applicable to the exercise of that authority's functions which is identified by that authority in compliance with a requirement imposed by regulations made under section 6(2) of the Crime and Disorder Act 1998;

“ responsible authority ” has the same meaning as in section 5 of the Crime and Disorder Act 1998.

Section 11 Information for public etc

(1) An elected local policing body—

(a) must publish specified information; and

(b) if the time or manner of the publication of that information is specified, must publish it at that time or in that manner.

(2) For that purpose, “ specified ” means specified by the Secretary of State by order.

(3) An elected local policing body must publish the information which the body considers to be necessary to enable the persons who live in the body's area to assess—

(a) the performance of the body in exercising the body's functions, and

(b) the performance of the relevant chief officer of police in exercising the chief officer's functions.

(4) The information necessary to enable those persons to assess those matters by reference to a particular time, or a particular period, must be published by the elected local policing body as soon as practicable after that time or the end of that period.

(5) An elected local policing body may provide (whether by publication or other means) information about—

(a) the exercise of the body's functions, and

(b) the exercise of the functions of the relevant chief officer of police.

Section 12 Annual reports

(1) Each elected local policing body must produce a report (an “annual report”) on—

(a) the exercise of the body's functions in each financial year, and

(b) the progress which has been made in the financial year in meeting the police and crime objectives in the body's police and crime plan.

(2) As soon as practicable after producing an annual report, the elected local policing body must send the report to the relevant police and crime panel.

(3) The elected local policing body must attend before the panel at the public meeting arranged by the panel in accordance with section 28(4), to—

(a) present the report to the panel, and

(b) answer the panel's questions on the report.

(4) The elected local policing body must—

(a) give the panel a response to any report or recommendations on the annual report (see section 28(4)), and

(b) publish any such response.

(5) 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 subsection (4)(b).

(6) An elected local policing body must arrange for each annual report to be published.

(7) It is for the elected local policing body to determine the manner in which an annual report is to be published.

Section 13 Information for police and crime panels

(1) An elected local policing body must provide the relevant police and crime panel with any information which the panel may reasonably require in order to carry out its functions.

(2) But subsection (1) does not require the elected local policing body to provide information if disclosure of the information—

(a) would, in the view of the chief officer of police, be against the interests of national security,

(b) might, in the view of the chief officer of police, jeopardise the safety of any person,

(c) might, in the view of the chief officer of police, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice, or

(d) is prohibited by or under any enactment.

(3) An elected local policing body may provide the relevant police and crime panel with any other information which the body thinks appropriate.

Section 14 Arrangements for obtaining the views of the community on policing

(1) Section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) is amended in accordance with this section.

(2) In subsection (1), after paragraph (b) insert

;

and for obtaining the views of victims of crime in that area about matters concerning the policing of the area.

(3) After subsection (1) insert—

(1A) Those arrangements must include, in the case of—

(a) a police area listed in Schedule 1, or

(b) the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued under section 5 or 6 of the Police Reform and Social Responsibility Act 2011, the views of the people in that police area, and the views of the victims of crime in that area, on that plan.

(1B) Those arrangements must include, in the case of a police area listed in Schedule 1, arrangements for obtaining, before the first precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992, the views of—

(a) the people in that police area, and

(b) the relevant ratepayers' representatives,

on the proposals of the police and crime commissioner for expenditure (including capital expenditure) in that financial year.

(1C) Those arrangements must include, in the case of the metropolitan police district, arrangements for obtaining, before the first calculations in relation to the Mayor's Office for Policing and Crime are made for a financial year under section 85 of the Greater London Authority Act 1999, the views of—

(a) the people in the metropolitan police district, and

(b) the relevant ratepayers' representatives,

on the proposals of the Mayor's Office for Policing and Crime for expenditure (including capital expenditure) in that financial year.

(4) For subsection (2) substitute—

(2) Arrangements under this section are to be made by the local policing body for the police area, after consulting the chief officer of police for that area.

(5) Before subsection (6) insert—

(5A) In subsections (1B) and (1C) “relevant ratepayers' representatives”, in relation to a police area listed in Schedule 1, or the metropolitan police district, means the persons or bodies who appear to the elected local policing body for that area or district to be representative of persons subject to non-domestic rates under sections 43 and 45 of the Local Government Finance Act 1988 as regards hereditaments situated in that area or district.

(5B) In determining which persons or bodies are relevant ratepayers' representatives, an elected local policing body must have regard to any guidance given by the Secretary of State.

(6) Omit subsections (6) to (10).

Section 15 Supply of goods and services

(1) Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and services by local authorities) apply, with the modification set out in subsection (2), to each elected local policing body as they apply to a local authority.

(2) In those subsections, references to a public body (within the meaning of that section) are to be read as references to any person.

(3) An elected local policing body may not enter into an agreement with another elected local policing body, or with the Common Council of the City of London in its capacity as a police authority, under section 1 of the 1970 Act in respect of a matter which could be the subject of force collaboration provision in a collaboration agreement under section 22A of the Police Act 1996.

(4) In this section “ 1970 Act ” means the Local Authorities (Goods and Services) Act 1970.

Section 16 Appointment of persons not employed by elected local policing bodies

(1) This section applies where an elected local policing body is required or authorised by any Act—

(a) to appoint a person to a specified post in the body, or

(b) to designate a person as having specified duties or responsibilities.

(2) The elected local policing body may appoint or designate a person whether or not the person is already a member of staff of the body.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

Section 17 Duties when carrying out functions

(1) In carrying out functions, an elected local policing body must have regard to the views of people in the body's area about policing in that area.

(2) In carrying out functions in a particular financial year, an elected local policing body must have regard to any report or recommendations made by the relevant police and crime panel on the annual report for the previous financial year (see section 28(4)).

(3) Subsection (2) does not affect any exercise of the functions of the elected local policing body in any part of a particular financial year that falls—

(a) before the body has received a report or recommendations on the annual report for the previous financial year, or

(b) during the period after receipt of a report or recommendations when the body is considering the report or recommendations.

(4) In carrying out functions, an elected local policing body must have regard to any financial code of practice issued by the Secretary of State.

(5) The Secretary of State may from time to time revise the whole or any part of any financial code of practice.

(6) The Secretary of State must lay before Parliament a copy of—

(a) any financial code of practice, and

(b) any revision of a financial code of practice.

(7) In this section “ financial code of practice ” means a code of practice relating to the proper administration by elected local policing bodies of their financial affairs.

(8) This section is in addition to the duty under section 8 to have regard to the police and crime plan.

Section 18 Delegation of functions by police and crime commissioners

(1) The police and crime commissioner for a police area may—

(a) appoint a person as the deputy police and crime commissioner for that police area, and

(b) arrange for the deputy police and crime commissioner to exercise any function of the police and crime commissioner.

(2) A police and crime commissioner may arrange for any person (who is not the deputy police and crime commissioner) to exercise any function of the commissioner.

(3) But a police and crime commissioner may not—

(a) appoint a person listed in subsection (6) as the deputy police and crime commissioner;

(aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for Policing and Crime or any other person to exercise a function that the Mayor’s Office for Policing and Crime has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);

(b) arrange for the deputy police and crime commissioner to exercise a function listed in subsection (7)(a), (e) or (f);

(c) arrange, under subsection (2), for a person listed in subsection (6) to exercise any function; or

(d) arrange, under subsection (2), for any person to exercise a function listed in subsection (7).

(4) A deputy police and crime commissioner may arrange for any other person to exercise any function of the police and crime commissioner which is, in accordance with subsection (1)(b), exercisable by the deputy police and crime commissioner.

(5) But the deputy police and crime commissioner may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) the Mayor's Office for Policing and Crime;

(d) the Deputy Mayor for Policing and Crime appointed by the Mayor's Office for Policing and Crime;

(e) the Mayor of London;

(f) the Common Council of the City of London;

(g) any other person or body which maintains a police force;

(h) a member of the staff of a person falling within any of paragraphs (a) to (g).

(7) The functions referred to in subsection (3) are—

(a) issuing a police and crime plan (see section 5);

(b) determining police and crime objectives (see section 7);

(c) attendance at a meeting of a police and crime panel in compliance with a requirement by the panel to do so (see section 29);

(d) preparing an annual report to a policing and crime panel (see section 12);

(e) appointing the chief constable, suspending the chief constable, or calling upon the chief constable to retire or resign (see section 38);

(f) calculating a council tax requirement or a budget requirement (see section 42A or 43 of the Local Government Finance Act 1992).

(g) appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(h) deciding whether to enter into a liability limitation agreement under section 14 of that Act.

(8) If a function of a police and crime commissioner is exercisable by any other person in accordance with this section, any property or rights vested in the commissioner may be dealt with by the other person in exercising the function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a deputy police and crime commissioner.

(10) The deputy police and crime commissioner is a member of the police and crime commissioner's staff.

(11) For further provision about the appointment of a deputy police and crime commissioner, see paragraphs 8 to 12 of Schedule 1.

Section 19 Delegation of functions by Mayor's Office for Policing and Crime

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

(a) appoint a person as the Deputy Mayor for Policing and Crime, and

(b) arrange for the Deputy Mayor for Policing and Crime to exercise any function of the Mayor's Office for Policing and Crime.

(2) The Mayor's Office for Policing and Crime may arrange for a person (who is not the Deputy Mayor for Policing and Crime) to exercise any function of the Mayor's Office for Policing and Crime.

(3) But the Mayor's Office for Policing and Crime may not—

(a) appoint a person listed in subsection (6) as the Deputy Mayor for Policing and Crime;

(aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for Policing and Crime or any other person to exercise a function that the Mayor’s Office for Policing and Crime has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);

(b) arrange for the Deputy Mayor for Policing and Crime to exercise a function listed in subsection (7) (a), (e), (f), (g) or (h);

(c) arrange, under subsection (2), for a person listed in subsection (6) to exercise any function; or

(d) arrange, under subsection (2), for a person to exercise a function listed in subsection (7).

(4) The Deputy Mayor for Policing and Crime may arrange for any other person to exercise any function of the Mayor's Office for Policing and Crime which is, in accordance with subsection (1)(b), exercisable by the Deputy Mayor for Policing and Crime.

(5) But the Deputy Mayor for Policing and Crime may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) the Mayor of London;

(d) the Common Council of the City of London;

(e) any other person or body which maintains a police force;

(f) a member of the staff of a person falling within any of paragraphs (a) to (e).

(7) The functions mentioned in subsection (3) are—

(a) issuing a police and crime plan (see section 6);

(b) determining police and crime objectives (see section 7);

(c) attendance at a meeting of the police and crime panel of the London Assembly in compliance with a requirement by the panel to do so (see section 29);

(d) preparing an annual report to the policing and crime panel of the London Assembly (see section 12);

(e) making recommendations in relation to the appointment of a Commissioner of Police of the Metropolis under section 42;

(f) making representations in relation to the appointment of a Deputy Commissioner of Police of the Metropolis under section 45;

(g) being consulted in relation to the appointment or removal of an Assistant Commissioner of Police of the Metropolis, a Deputy Assistant Commissioner of Police of the Metropolis, or a Commander (see sections 45, 46, 47 and 49);

(h) suspending the Commissioner, or Deputy Commissioner, of Police of the Metropolis, or calling upon the Commissioner, or Deputy Commissioner, to retire or resign (see section 48);

(i) appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(j) deciding whether to enter into a liability limitation agreement under section 14 of that Act.

(8) If a function of the Mayor's Office for Policing and Crime is exercisable by a person in accordance with subsection (1), (2) or (4), any property or rights vested in the Office may be dealt with by the other person in exercising the function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a Deputy Mayor for Policing and Crime.

(10) The Deputy Mayor for Policing and Crime is a member of the staff of the Mayor's Office for Policing and Crime.

(11) But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member).

(12) The appointment of the Deputy Mayor for Policing and Crime is subject to Schedule 4A to the Greater London Authority Act 1999.

(13) For further provision about the appointment of the Deputy Mayor for Policing and Crime, see paragraph 4 of Schedule 3.

Section 20 Deputy Mayor for Policing and Crime: confirmation hearings

(1) The Greater London Authority Act 1999 is amended in accordance with this section.

(2) In section 60A (confirmation hearings etc for certain appointments by the Mayor)—

(a) in the title, at the end insert “ or Mayor's Office for Policing and Crime ” ;

(b) in subsection (3), omit the entry relating to the chairman and vice chairman of the Metropolitan Police Authority;

(c) for subsection (4) substitute—

(4) This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.

(3) In Schedule 4A (confirmation hearings etc)—

(a) in paragraph 1 (application of Schedule), after sub-paragraph (2) insert—

(3) This Schedule also has effect where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.

(4) In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.

(5) Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).

(6) Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.

(7) Paragraphs 2, 4 and 5 are subject to paragraph 10.

(b) after paragraph 9 insert—

(10)

(1) The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.

(2) The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—

(a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b) notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).

(3) If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.

(4) References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.

(5) For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.

Section 21 Police fund

(1) Each elected local policing body must keep a fund to be known as the police fund.

(2) All of an elected local policing body's receipts must be paid into the relevant police fund.

(3) All of an elected local policing body's expenditure must be paid out of the relevant police fund.

(4) An elected local policing body must keep accounts of payments made into or out of the relevant police fund.

(5) Subsections (2) and (3) are subject to any regulations under the Police Pensions Act 1976.

(6) In this section “ relevant police fund ”, in relation to an elected local policing body, means the police fund which that body keeps.

Section 22 Minimum budget for police and crime commissioner

(1) Section 41 of the Police Act 1996 (directions as to minimum budget) is amended as follows.

(2) In subsection (1)—

(a) for “a police authority established under section 3” substitute “ a police and crime commissioner ” ;

(b) for “the authority” substitute “ the commissioner ” ;

(c) for “its” substitute “the commissioner's”.

(3) After subsection (1) insert—

(1A) But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.

(4) In subsection (4)—

(a) for “a police authority” substitute “ a police and crime commissioner ” ;

(b) for “the authority” substitute “ the commissioner ” .

Section 23 Minimum budget for Mayor's Office for Policing and Crime

(1) The Greater London Authority Act 1999 is amended as follows.

(2) Section 95 (minimum budget for Metropolitan Police Authority) is amended in accordance with subsections (3) to (7).

(3) In the title, for “ Metropolitan Police Authority ” substitute “ Mayor's Office for Policing and Crime ” .

(4) In subsection (1), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” .

(5) In subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” .

(6) After subsection (2) insert—

(2A) But the Secretary of State may not give a direction to the Authority under subsection (2) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in the metropolitan police district from being put at risk.

(7) In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each place) substitute “ Mayor's Office for Policing and Crime ” .

(8) In section 96 (provisions supplemental to section 95), in subsection (6), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” .

Section 24 Police grant

(1) Section 46 of the Police Act 1996 (police grant) is amended as follows.

(2) In subsection (1)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the words after paragraph (b) substitute—

and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.

(3) In subsection (2)(b), for “authority” substitute “ grant recipient ” .

(4) In subsection (4), for “police authorities” substitute “ grant recipients ” .

(5) In subsection (5), for “different authorities or different classes of authority” substitute “ different grant recipients or different classes of grant recipient ” .

(6) In subsection (7), for “police authority” substitute “ grant recipient ” .

(7) In subsection (7A)—

(a) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” ;

(b) for “that Authority” substitute “ that Office ” .

(8) In subsection (8)—

(a) for “an authority's” substitute “ a grant recipient's ” ;

(b) for “the authority” substitute “ the grant recipient ” ;

(c) for “an authority” substitute “ a grant recipient ” .

(9) In subsection (9), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” .

Section 25 Other grants etc under Police Act 1996

(1) The Police Act 1996 is amended as follows.

(2) In section 47 (grants for capital expenditure)—

(a) in subsection (1), for the words from “by” to “Authority”, substitute “ by local policing bodies ” ;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “ under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime ” ;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” ;

(ii) for “that Authority” substitute “ that Office ” .

(3) In section 48 (grants for expenditure on safeguarding national security)—

(a) in subsection (1), for the words from “by” to “security”, substitute “ by local policing bodies in connection with safeguarding national security ” ;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “ under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime ” ;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” ;

(ii) for “that Authority” substitute “ that Office ” .

(4) In section 92 (grants by local authorities)—

(a) in subsection (1), for “police authority established under section 3” substitute “ police and crime commissioner ” ;

(b) in subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ” .

(5) In section 93 (acceptance of gifts or loans)—

(a) in subsection (1), for “police authority” substitute “ local policing body ” ;

(b) in subsection (2), for “police authority” substitute “ local policing body ” .

(6) Section 94 (financing of new police authorities) is amended as follows.

(7) In the title, for “ police authorities ” substitute “ police and crime commissioners ” .

(8) In subsection (1)—

(a) for “police authority established under section 3” substitute “ police and crime commissioner ” ;

(b) for “it” substitute “ the commissioner ” .

(9) In subsection (2)—

(a) for “police authority established under section 3” substitute “ police and crime commissioner ” ;

(b) for “it” substitute “ the commissioner ” ;

(c) for “its” (in both places) substitute “ the commissioner's ” .

(10) In subsection (3)—

(a) for “an authority” substitute “ a commissioner ” ;

(b) for “its” substitute “ the commissioner's ” .

(11) In subsection (4)—

(a) for “a police authority” substitute “ a police and crime commissioner ” ;

(b) for “it” (in both places) substitute “ the commissioner ” .

Section 26 Precepts

(1) The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

(2) In section 39 (precepting and precepted authorities), in subsection (1) (major precepting authorities), for paragraph (b) substitute—

(b) a police and crime commissioner;

(3) In section 65 (duty to consult ratepayers), in subsection (3) (definition of relevant authority), after “major precepting authority” insert “ , apart from a police and crime commissioner ” .

(4) Schedule 5 (issuing precepts) has effect.

Section 27 Other grants etc

(1) Section 155 of the Local Government and Housing Act 1989 (emergency financial assistance to local authorities) is amended in accordance with subsections (2) and (3).

(2) In subsection (1A) (grants to GLA functional bodies), for paragraph (b) substitute—

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

(3) In subsection (4) (meaning of local authority), for paragraph (ea) substitute—

(ea) a police and crime commissioner;

(4) In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of Part 3: expenditure grant), in subsection (1) (meaning of local authority), for paragraph (m) substitute—

(m) a police and crime commissioner.

Section 28 Police and crime panels outside London

(1) Each police area, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Schedule 6 (police and crime panels).

(1A) Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(1B) The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.

(2) The functions of the police and crime panel for a police area must be exercised with a view to supporting the effective exercise of the functions of the police and crime commissioner for that police area.

(3) A police and crime panel must—

(a) review the draft police and crime plan, or draft variation, given to the panel by the relevant police and crime commissioner in accordance with section 5(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the commissioner.

(4) A police and crime panel must—

(a) arrange for a public meeting of the panel to be held as soon as practicable after the panel is sent an annual report under section 12,

(b) ask the police and crime commissioner, at that meeting, such questions about the annual report as the members of the panel think appropriate,

(c) review the annual report, and

(d) make a report or recommendations on the annual report to the commissioner.

(5) A police and crime panel has the functions conferred by Schedules 1 (procedure for appointments of senior staff), 5 (issuing precepts) and 8 (procedure for appointments by police and crime commissioners).

(6) A police and crime panel must—

(a) review or scrutinise decisions made, or other action taken, by the relevant police and crime commissioner in connection with the discharge of the commissioner's functions; and

(b) make reports or recommendations to the relevant police and crime commissioner with respect to the discharge of the commissioner's functions,

insofar as the panel is not otherwise required to do so by subsection (3) or (4) or by Schedule 1, 5 or 8.

(7) A police and crime panel must publish any reports or recommendations made to the relevant police and crime commissioner.

(8) The police and crime panel for a police area in England must send copies of any such reports or recommendations to each local authority whose area falls wholly or partly within the police area.

(9) It is for the police and crime panel to determine the manner in which reports or recommendations are to be published in accordance with subsection (7).

(10) Schedule 6 (police and crime panels) has effect.

(11) In this section “ local authority ” means a county council or a district council.

Section 29 Power to require attendance and information

(1) A police and crime panel may require the relevant police and crime commissioner, and members of that commissioner's staff, to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

(2) Nothing in subsection (1) requires a member of the police and crime commissioner's staff to give any evidence, or produce any document, which discloses advice given to the commissioner by that person.

(3) A police and crime panel may require the relevant police and crime commissioner to respond in writing (within a reasonable period determined by the panel) to any report or recommendation made by the panel to the commissioner.

(4) The police and crime commissioner must comply with any requirement imposed by the panel under subsection (1) or (3).

(5) Members of the staff of the police and crime commissioner must comply with any requirement imposed on them under subsection (1).

(6) If a police and crime panel requires the relevant police and crime commissioner to attend before the panel, the panel may (at reasonable notice) request the relevant chief constable to attend before the panel on the same occasion to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

Section 30 Suspension of police and crime commissioner

(1) A police and crime panel may suspend the relevant police and crime commissioner if it appears to the panel that—

(a) the commissioner has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the police and crime commissioner ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the police and crime commissioner being acquitted of the offence;

(c) the police and crime commissioner being convicted of the offence but not being disqualified under section 66 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the police and crime commissioner is to be treated as not holding that office during that suspension.

(4) In this section references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.

Section 31 Conduct

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

(a) the making and handling of complaints about the conduct of relevant office holders (“qualifying complaints”);

(b) the recording of matters in the case of which there is an indication (whether from the circumstances or otherwise) that a relevant office holder may have committed a criminal offence (“conduct matters”);

(c) the manner in which qualifying complaints and conduct matters are investigated or otherwise dealt with.

(2) Schedule 7 (regulations about complaints and conduct matters) has effect.

(3) In this section and that Schedule “ relevant officer holder ” means the holder of any of the following offices—

(a) police and crime commissioner;

(b) deputy police and crime commissioner;

(c) the Mayor's Office for Policing and Crime;

(d) Deputy Mayor for Policing and Crime.

Section 32 London Assembly police and crime panel

(1) The London Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (the “police and crime panel”).

(2) Those functions (“the police and crime panel functions”) are—

(a) the functions conferred on the Assembly by section 33;

(b) the functions conferred on the Assembly by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

(3) The London Assembly may not arrange for the police and crime panel functions to be discharged on its behalf otherwise than in accordance with subsection (1).

(4) The London Assembly may not arrange for any of its other functions to be discharged by the police and crime panel.

(5) The special scrutiny functions may only be exercised at a meeting of the whole panel; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole panel.

(6) The enactments applying to committees of the London Assembly, apart from the excluded provisions, apply to the police and crime panel as if the police and crime panel functions were to be discharged by the panel by virtue of arrangements under section 54(1)(a) of the 1999 Act.

(7) In subsection (6), “ excluded provisions ” means the following provisions of the 1999 Act—

(a) section 54(5), so far as it provides for the London Assembly to retain power to exercise functions delegated to a committee;

(b) section 55 (Assembly committees and sub-committees).

(8) The enactments conferring, or relating to, the police and crime panel functions are to be read with the appropriate modifications; in particular—

(a) references to the London Assembly are to be read as references to the police and crime panel; and

(b) references to proceedings of the London Assembly are to be read as references to proceedings of the police and crime panel.

(9) For the purposes of subsection (8), references to the police and crime panel include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3) of the 1999 Act.

(10) The following provisions apply to the police and crime panel—

(a) the number of members of the panel, and their term of office, are to be fixed by the London Assembly;

(b) persons who are not members of the London Assembly may be members of the panel.

(11) The following provisions apply to any sub-committee by which police and crime panel functions are to be discharged—

(a) the number of members of the sub-committee, and their term of office, are to be fixed by the police and crime panel;

(b) persons who are not members of the London Assembly may be members of the sub-committee.

(12) The police and crime panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor's Office for Policing and Crime.

(13) In this section—

“ 1999 Act ” means the Greater London Authority Act 1999;

“ special scrutiny functions ” means the functions conferred—

by section 33(1), or

by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

Section 33 Functions to be discharged by police and crime panel

(1) The London Assembly must—

(a) review the draft police and crime plan, or draft variation, given to the Assembly by the Mayor's Office for Policing and Crime in accordance with section 6(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the Mayor's Office for Policing and Crime.

(2) The London Assembly must keep under review the exercise of the functions of the Mayor's Office for Policing and Crime, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A to the 1999 Act.

(3) For the purposes of subsection (2), the powers of the London Assembly include, in particular, power to investigate, and prepare reports about—

(a) any actions and decisions of the Mayor's Office for Policing and Crime;

(b) any actions and decisions of the Deputy Mayor for Policing and Crime;

(c) any actions and decisions of a member of staff of the Mayor's Office for Policing and Crime;

(d) matters relating to the functions of the Mayor's Office for Policing and Crime;

(e) matters in relation to which the functions of the Mayor's Office for Policing and Crime are exercisable; or

(f) any other matters which the Assembly considers to be of importance to policing and crime reduction in the metropolitan police district.

(4) The London Assembly may submit proposals to the Mayor's Office for Policing and Crime.

(5) The London Assembly may require a person referred to in subsection (6)—

(a) to attend proceedings of the Assembly for the purpose of giving evidence, or

(b) to produce to the Assembly documents in the person's possession or under the person's control.

(6) Those persons are—

(a) the Deputy Mayor for Policing and Crime;

(b) any member of the staff of the Mayor's Office for Policing and Crime;

(c) the person who is the occupant of the Mayor's Office for Policing and Crime;

(d) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (5) been the Deputy Mayor for Policing and Crime or the occupant of the Mayor's Office for Policing and Crime.

(7) Nothing in subsection (5) requires a member of the staff of the Mayor's Office for Policing and Crime to give any evidence, or produce any document, which discloses advice given to the Mayor's Office for Policing and Crime by that person.

(8) If the London Assembly requires the Deputy Mayor for Policing and Crime, or the person who is the occupant of the Mayor's Office for Policing and Crime, to attend proceedings, the Assembly may (at reasonable notice) request the Commissioner of Police of the Metropolis to attend proceedings on the same occasion for the purpose of giving evidence.

(9) The following provisions of the 1999 Act apply (with appropriate modifications) to a requirement under subsection (5) as they apply to a requirement under section 61(1) of the 1999 Act—

(a) section 61(14) (meaning of document etc);

(b) section 62(3) to (6) (procedure for requiring attendance);

(c) section 63 (restriction of information);

(d) section 64 (failure to attend proceedings);

(e) section 65 (openness).

(10) In this section “ 1999 Act ” means the Greater London Authority Act 1999.

Section 34 Engagement with local people

(1) A chief officer of police must make arrangements for obtaining the views of persons within each neighbourhood in the relevant police area about crime and disorder in that neighbourhood.

(2) A chief officer of police must make arrangements for providing persons within each neighbourhood in the relevant police area with information about policing in that neighbourhood (including information about how policing in that neighbourhood is aimed at dealing with crime and disorder there).

(3) Arrangements under this section must provide for, or include arrangements for, the holding in each neighbourhood of regular meetings between—

(a) persons within that neighbourhood, and

(b) police officers with responsibility for supervising or carrying out policing in that neighbourhood.

(4) It is for a chief officer of police to determine what the neighbourhoods are in the relevant police area.

Section 35 Value for money

(1) In exercising functions, a chief officer of police must secure that good value for money is obtained.

(2) That includes securing that the persons under the direction and control of the chief officer of police obtain good value for money in exercising their functions.

Section 36 Information for elected local policing bodies

(1) A chief officer of police must give the relevant elected local policing body such information on policing matters that the body may require the chief officer to give.

(2) Such information must be in the form (if any) specified by the elected local policing body.

(3) The elected local policing body may—

(a) arrange for such information to be published, or

(b) require the chief officer of police to arrange for such information to be published.

(4) It is for the elected local policing body to determine the manner in which information is to be published in accordance with subsection (3) (a) or (b).

(5) In this section “ policing matters ” means matters connected with the policing of the relevant police area.

Section 37 Appointment of persons not employed by chief officers of police

(1) This section applies where a chief officer of police is required or authorised by any Act—

(a) to appoint a person to a specified post in the relevant police force, or a specified post in the civilian staff of the relevant police force, or

(b) to designate a person as having specified duties or responsibilities.

(2) The chief officer of police may appoint or designate a person whether or not the person is already a member of staff of the police force.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

Section 38 Appointment, suspension and removal of chief constables

(1) The police and crime commissioner for a police area is to appoint the chief constable of the police force for that area.

(2) The police and crime commissioner for a police area may suspend from duty the chief constable of the police force for that area.

(3) The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire.

(4) The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).

(5) Schedule 8 (appointment, suspension and removal of senior police officers) has effect.

(6) This section is subject to Parts 1 and 2 of Schedule 8.

(7) This section and Schedule 8 are subject to regulations under section 50 of the Police Act 1996.

Section 39 Deputy chief constables

(1) Each police force must have one or more deputy chief constables.

(2) The chief constable of a police force must consult the relevant police and crime commissioner before increasing the number of deputy chief constables which the force has.

(3) The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person to be a deputy chief constable of the force.

(4) The chief constable of a police force may suspend from duty a deputy chief constable of that police force.

(5) The chief constable of a police force may call upon a deputy chief constable of that police force to resign or retire.

(6) A deputy chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (5).

(7) Subsections (3) to (6) are subject to regulations under section 50 of the Police Act 1996.

(8) Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

(9) In this section “ police force ” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

Section 40 Assistant chief constables

(1) Each police force must have one or more assistant chief constables.

(2) The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person as an assistant chief constable of the force.

(3) The chief constable of a police force may suspend from duty an assistant chief constable of that police force.

(4) The chief constable of a police force may call upon an assistant chief constable of that police force to resign or retire.

(5) An assistant chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (4).

(6) Subsections (2) to (5) are subject to regulations under section 50 of the Police Act 1996.

(7) Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

(8) In this section “ police force ” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

Section 41 Power of deputy to exercise functions of chief constable

(1) The appropriate deputy chief constable of a police force may exercise or perform any or all of the functions of the chief constable of the force—

(a) during any period when the chief constable is unable to exercise functions, or

(b) at any other time, with the consent of the chief constable.

(2) For the purposes of subsection (1), the appropriate deputy chief constable is—

(a) if the police force has only one deputy chief constable, the deputy chief constable;

(b) if the police force has more than one deputy chief constable, the most senior deputy chief constable.

(3) If the police force has more than one deputy chief constable, the chief constable must designate the deputy chief constables in order of seniority for the purposes of subsection (2)(b).

(4) During any absence, incapacity or suspension from duty of the person who—

(a) is designated as the most senior deputy chief constable for the purposes of subsection (2)(b), or

(b) is treated under this section as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable is to be treated as the most senior one for the purposes of subsection (2)(b).

(5) The assistant chief constable designated for this purpose by the chief constable of the force may exercise any or all of the chief constable's functions during any period when—

(a) the chief constable is unable to exercise functions, and

(b) a deputy chief constable is unable to exercise functions.

(6) The chief constable of the force must designate an assistant chief constable of the force for the purposes of subsection (5).

(7) Only one person is authorised to act at any one time by virtue of a designation by the chief constable.

(8) The chief constable must consult the relevant police and crime commissioner before making a designation for the purposes of subsection (2)(b) or (5).

(9) This section is without prejudice to any other enactment that makes provision for a person other than the chief constable to exercise the chief constable's functions.

(10) In a case where a deputy chief constable or assistant chief constable (the “acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise or perform functions of a chief constable—

(a) section 38(2) and (3) apply in relation to the acting chief constable as they apply in relation to the chief constable (and references to chief constables in those provisions, and in other enactments relating to those provisions, are to be read accordingly); and

(b) section 39(4) and (5) or section 40(3) and (4) do not apply in relation to the acting chief constable.

(11) In this section—

(a) “ police force ” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);

(b) a reference to a period when the chief constable is unable to exercise functions is a reference to a period when—

(i) the chief constable is absent, incapacitated or suspended from duty, or

(ii) the office of chief constable is vacant;

(c) a reference to a period when a deputy chief constable is unable to exercise functions is a reference to a period when—

(i) the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty, or

(ii) the office of deputy chief constable, or of each deputy chief constable, is vacant.

Section 42 Appointment of Commissioner of Police of the Metropolis

(1) The Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

(2) A constable holds office as the Commissioner of Police of the Metropolis at Her Majesty's pleasure.

(3) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis unless that person is eligible for appointment ; and, before making such a recommendation, the Secretary of State must have regard to any recommendations made by the Mayor's Office for Policing and Crime.

(3A) 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.

(3AA) But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

(3B) 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.

(3C) 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.

(3D) The College of Policing must recommend to the Secretary of State matters to be designated under this section.

(3E) The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).

(4) The appointment of the Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Section 43 Deputy Commissioner of Police of the Metropolis

(1) The Metropolitan Police force has one Deputy Commissioner of Police of the Metropolis.

(2) The Deputy Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

(3) A person holds office as the Deputy Commissioner of Police of the Metropolis at Her Majesty's pleasure.

(3A) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment.

(3B) A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

(4) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis, the Secretary of State must have regard to—

(a) any recommendations made by the Commissioner of Police of the Metropolis, and

(b) any representations made by the Mayor's Office for Policing and Crime.

(5) The appointment of the Deputy Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Section 44 Functions of Deputy Commissioner of Police of the Metropolis

(1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

(a) during any absence, incapacity or suspension from duty of the Commissioner,

(b) during any vacancy in the office of Commissioner, or

(c) at any other time, with the consent of the Commissioner.

(2) The Deputy Commissioner of Police of the Metropolis does not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis has all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

Section 45 Assistant Commissioners of Police of the Metropolis

(1) The metropolitan police force must have one or more Assistant Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as an Assistant Commissioner of Police of the Metropolis.

(3) The appointment of a person as an Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

(4) An Assistant Commissioner of Police of the Metropolis may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner of Police of the Metropolis.

(5) Subsection (4) is without prejudice to regulations under section 50 of the Police Act 1996.

(6) In a case where an Assistant Commissioner of Police of the Metropolis is acting in place of the Commissioner of Police of the Metropolis—

(a) section 48 applies in relation to the Assistant Commissioner as it applies to the Commissioner (and references to the Commissioner in that section, and in other enactments relating to that section, are to be read accordingly); and

(b) section 49 does not apply in relation to the Assistant Commissioner.

(7) For the purposes of subsection (6), an Assistant Commissioner is to be taken to be acting in place of the Commissioner at a particular time if—

(a) the Assistant Commissioner is, at that time, authorised by subsection (4) to exercise powers and duties of the Commissioner, and

(b) that time falls during—

(i) any absence, incapacity or suspension from office of the Commissioner, or

(ii) any vacancy in the office of Commissioner.

Section 46 Deputy Assistant Commissioners of Police of the Metropolis

(1) The metropolitan police force must have one or more Deputy Assistant Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Deputy Assistant Commissioner of Police of the Metropolis.

(3) The appointment of a person as a Deputy Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Section 47 Commanders

(1) The metropolitan police force must have one or more Commanders.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Commander.

(3) The appointment of a person as a Commander is subject to regulations under section 50 of the Police Act 1996.

Section 48 Suspension and removal of Commissioner and Deputy Commissioner

(1) The Mayor's Office for Policing and Crime may, with the approval of the Secretary of State—

(a) suspend the Commissioner of Police of the Metropolis from duty, or

(b) suspend the Deputy Commissioner of Police of the Metropolis from duty.

(2) If the Mayor's Office for Policing and Crime suspends the Commissioner, or Deputy Commissioner, from duty, that Office must notify the Secretary of State of the suspension.

(3) The Mayor's Office for Policing and Crime may, subject to subsections (5) and (6), and with the approval of the Secretary of State—

(a) call upon the Commissioner of Police of the Metropolis to resign or retire, or

(b) call upon the Deputy Commissioner of Police of the Metropolis to resign or retire.

(4) The Commissioner, or Deputy Commissioner, must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon the Commissioner, or Deputy Commissioner, to retire or resign, the Mayor's Office for Policing and Crime must—

(a) give the police officer a written explanation of the reasons why the Office is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(c) consider any written representations made by the police officer.

(6) The Mayor's Office for Policing and Crime must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the Commissioner, or Deputy Commissioner, to retire or resign.

(7) This section is subject to regulations under section 50 of the Police Act 1996.

(8) This section is without prejudice to—

(a) section 42(2);

(b) section 43(3); or

(c) regulations under the Police Pensions Act 1976.

Section 49 Suspension and removal of other senior metropolitan police officers

(1) The Commissioner of Police of the Metropolis may suspend a senior metropolitan police officer from duty.

(2) If the Commissioner suspends a senior metropolitan police officer from duty, the Commissioner must notify the Mayor's Office for Policing and Crime of the suspension.

(3) The Commissioner of Police of the Metropolis may, subject to subsection (5), and after consulting the Mayor's Office for Policing and Crime, call upon a senior metropolitan police officer to resign or retire.

(4) A senior metropolitan police officer must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must—

(a) give the police officer a written explanation of the reasons why the Commissioner is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(c) consider any written representations made by the police officer.

(6) This section is subject to regulations under section 50 of the Police Act 1996.

(7) This section is without prejudice to regulations under the Police Pensions Act 1976.

(8) In this section “ senior metropolitan police officer ” means any of the following—

(a) an Assistant Commissioner of Police of the Metropolis;

(b) a Deputy Assistant Commissioner of Police of the Metropolis;

(c) a Commander.

Section 50 Ordinary elections

(1) An election of police and crime commissioners for all police areas (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at the ordinary election of police and crime commissioners in 2012 is to be held on 15 November 2012.

(3) The poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on the first Thursday in May in the year of the election.

(4) But, if the Secretary of State ... so specifies in an order, the poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on such day in the year of the election as may be specified in the order.

(5) An order under subsection (4)—

(a) may not specify, as the day of a poll, a day which is before the first Thursday in May in the year of the election;

(b) may not be made within the period of six months ending with the first Thursday in May in the year of the election (or the first of the elections) to which the order relates.

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

(7) The term of office of a person elected as a police and crime commissioner at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of police and crime commissioners.

(8) Subsection (7) is subject to any provision of or made under this or any other Act relating to the appointment or election of police and crime commissioners or their ceasing to hold office.