The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012

• Citation: S.I. 2012/2271
• Sections: 12

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 and come into force on 22nd November 2012.

(2) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011;

“panel” means the police and crime panel referred to in section 28(1) of the 2011 Act;

“relevant financial year” means the financial year immediately preceding the financial year for which a precept is issued;

“Schedule 5” means Schedule 5 to the 2011 Act (issuing precepts);

“Schedule 8” means Schedule 8 to the 2011 Act (appointment, suspension and removal of senior police officers).

Section 3 Notification of proposed precept

The police and crime commissioner shall comply with the duty under paragraph 2 of Schedule 5 (commissioner to notify panel of proposed precept) by 1st February of the relevant financial year.

Section 4 Report on proposed precept

(1) The panel shall comply with the duty under paragraph 3 of Schedule 5 (panel to review proposed precept) by 8th February of the relevant financial year.

(2) Where the panel exercises the power under paragraph 4 of Schedule 5 (panel’s power to veto precept) but fails to act in accordance with paragraph (1) of this regulation, the end of the scrutiny process is reached and, notwithstanding the veto, the police and crime commissioner may issue the proposed precept as the precept for the financial year.

Section 5 Veto: police and crime commissioner’s response

(1) Where the panel exercises the power under paragraph 4 of Schedule 5, the police and crime commissioner shall comply with the duty under paragraph 6(3) of that Schedule (next steps if veto) by 15th February of the relevant financial year.

(2) The police and crime commissioner shall, in the response given under paragraph 6(3)(b) of Schedule 5, notify the police and crime panel of the precept that he now proposes to issue (“the revised precept”).

(3) Where the panel’s report under paragraph 3(2) of Schedule 5—

(a) indicates that the panel vetoes the proposed precept because it is too high, the revised precept shall be lower than the proposed precept;

(b) indicates that the panel vetoes the proposed precept because it is too low, the revised precept shall be higher than the proposed precept.

Section 6 Panel’s review of revised precept

(1) On receiving a response containing notification of a revised precept under regulation 5(2) the panel shall, by 22nd February of the relevant financial year—

(a) review the revised precept; and

(b) make a report to the police and crime commissioner on the revised precept (“the second report”).

(2) The second report may—

(a) indicate whether the panel accepts or rejects the revised precept (but rejection does not prevent the police and crime commissioner from issuing the revised precept as the precept for the financial year); and

(b) make recommendations, including recommendations as to the precept that should be issued for the financial year.

(3) Where the panel fails to act in accordance with paragraph (1), the end of the scrutiny process is reached and the police and crime commissioner may issue the revised precept as the precept for the financial year.

Section 7 Police and crime commissioner’s consideration of second report

On receiving the panel’s second report the police and crime commissioner shall, by 1st March of the relevant financial year—

(a) have regard to the second report (including any recommendations in the report);

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

(c) publish the response.

Section 8 Issuing precept

(1) In a case other than one to which regulation 4(2) or 6(3) applies, the end of the scrutiny process is reached when the police and crime commissioner gives the panel the response mentioned in regulation 7(b).

(2) The police and crime commissioner may then—

(a) issue the revised precept as the precept for the financial year; or

(b) issue a different precept, but this is subject to paragraph (3).

(3) In relation to the panel’s report under paragraph 3(2) of Schedule 5—

(a) where regulation 5(3)(a) applied, the police and crime commissioner shall not issue a precept which is higher than the revised precept; and

(b) where regulation 5(3)(b) applied, the police and crime commissioner shall not issue a precept which is lower than the revised precept,

unless it would be in accordance with a recommendation made by the panel in the second report to do so.

Section 9 Veto: proposal of reserve candidate

(1) Where the panel exercises the power under paragraph 5 of Schedule 8 (power to veto proposed appointment) the police and crime commissioner shall propose another person for appointment as chief constable (“a reserve candidate”).

(2) The police and crime commissioner proposes a reserve candidate by notifying the panel of the following information—

(a) the name of the reserve candidate;

(b) the criteria used to assess the suitability of the reserve candidate for the appointment;

(c) why the reserve candidate satisfies those criteria; and

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

Section 10 Panel’s consideration of reserve candidate

(1) Within the period of three weeks beginning with the day on which the panel receives notification under regulation 9(2) the panel shall—

(a) review the proposed appointment; and

(b) make a report to the police and crime commissioner on the proposed appointment.

(2) Before making a report under paragraph (1)(b), the panel must hold a confirmation hearing within the meaning of paragraph 6 of Schedule 8.

(3) The report made under paragraph (1)(b) must include a recommendation to the police and crime commissioner as to whether or not the reserve candidate should be appointed.

(4) The panel must publish the report made under paragraph (1)(b).

(5) In calculating the period of three weeks for the purpose of paragraph (1), any relevant post-election period within the meaning of paragraph 4(10) of Schedule 8 is to be ignored.

Section 11 Police and crime commissioner’s consideration of report

On receiving a report under regulation 10(1)(b) the commissioner shall—

(a) have regard to the report (including the recommendation in the report); and

(b) notify the panel of his decision as to whether he accepts or rejects the recommendation.

Section 12 Appointment of chief constable

(1) The end of the confirmation process is reached when the police and crime commissioner gives the notification mentioned in regulation 11(b).

(2) The police and crime commissioner may then—

(a) appoint the reserve candidate as chief constable; or

(b) propose another person for appointment as chief constable.

(3) Where a proposal is made under paragraph (2)(b), this Part applies in relation to that person as if the proposal had been made under regulation 9(1) (and accordingly the person is treated for the purposes of this Part as a reserve candidate).