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Police Reform and Social Responsibility Act 2011

Police Reform and Social Responsibility Act 2011. Andy Champness Chief Executive, Gloucestershire Police Authority Vice-Chair, APACE. Content. 1 Legal entities 2 PCCs 3 Chief constables 4 Officers and delegation 5 Checks and balances 6 Election 7 Supports 8. Transfer 9. Complaints

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Police Reform and Social Responsibility Act 2011

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  1. Police Reform and Social Responsibility Act 2011 Andy Champness Chief Executive, Gloucestershire Police Authority Vice-Chair, APACE

  2. Content 1 Legal entities 2 PCCs 3 Chief constables 4 Officers and delegation 5 Checks and balances 6 Election 7 Supports 8. Transfer 9. Complaints 10. Commencement

  3. PCC Functions Sections 1, 5-17, 21-27, schedules 1, 5, 8, 11 (MoPC sections 3, 19, 20 schedule 3) • Strategic planning • Holding to account • Partnership working • Collaboration • Information and engagement • Finance • People

  4. Strategic Planning Key points to pick out: • Only one plan needs to be issued per PCC term • To be issued as soon as practicable, but before 1st April 2013 • Includes financial and other resources provided • Covers plans for the policing of the area, and any grants that may be given • Sets out how the chief constable will be held to account • Must be kept under review, • Reasons for revisiting it are yearly budget variations, SPR variations, strategic assessment changes

  5. Engagement • Obtaining the views of the public • No long list of people groups, just • the views of people and of victims of crime on the policing of the area • the views of people and ratepayers’ representatives on proposed expenditure

  6. Finance

  7. CC Appointment Schedule 8 Part 1 PCC proposal p3 PCP confirmation hearing p6 PCP Report p4 PCP veto p5,8 PCP no veto p7 Appointment p2

  8. CC Removal Schedule 8 Part 2, Police (Amendment) Regulations 2011 (draft) Consult and have regard to HMIC views Written warning to CC and PCP p13 CCs response p13 PCC proposal p14 PCP recommendation p15 PCC consideration p16 Decision / time lapse p12 Removal p11

  9. CC Functions Sections 2, 34 to 41, 92, schedule 2 (Met 4, 42-49, 82, schedule 4) • Operational functions • Information and Engagement • Value for money • People • Contractual ability • Liability

  10. PCC Office Section 18 Schedule 1, para 14, 6-8, 13 Schedule 2 para 8 • Chief Executive / Monitoring Officer • Chief Finance Officer • Deputy PCC • Delegation

  11. Delegation 1 Sections18(3)(b) and (7) Functions prohibited from delegation to anyone: • issuing the police and crime plan • calculating the budget requirement • appointing, suspending and requiring the chief constable to resign Sections18(3)(d) and (7) Functions delegable only to Deputy PCC: • determining police and crime objectives • attending the PCP • preparing annual report

  12. Delegation 2 Sections18(3)(c) and (6) Bodies prohibited from delegation: • a constable; • a PCC; • the MOPC • the Deputy MOPC • the Mayor of London • the Common Council of the City of London • any body which maintains a police force • a member of staff of the above

  13. Police and Crime Panels • Membership • Duties and Responsibilities • Vacancy in PCC • Precept

  14. PCP Responsibilities Section 28, schedule 1 para 9-12 • Reviewing the draft police and crime plan • Reviewing the PCC’s annual report • Reviewing the removal of a chief constable • A power of veto over the issue of precept • A power of veto over the appointment of chief constable • Reviewing or scrutinising PCC decisions • Suspending the PCC • Appointing acting PCCs • Reviewing senior appointments

  15. Precept Schedule 5 PCC proposal p2 PCP review and report p3 PCP no veto p5 PCP veto p6 Regulations p8 Secretary of State Issue precept p1

  16. Elections Sections 50 to 76, schedules 9, 10 and Regulations to follow • Election date • Police Area Returning Officer • Declaration of acceptance • Disqualification

  17. Disqualification Sections 64 to 65 • Under 18s • Resident outside the police area • PCC or candidate for other area • Member of police force (officer, special or staff; NPIA, IPCC included) • PCC/MOPC staff Sections 66 to 67 • Not UK, RoI or commonwealth citizen • Judiciary • Military • Civil servant • Insolvent / bankrupt • Convicted of imprisonable offence • Local authority staff • MP, MSP, MEP, AM (Wales or NI)

  18. Supports Sections 77 to 87 • Strategic Policing Requirement (s77 inserting 37A PA’96, s81) • Protocol s79 • Secretary of State (ss 78, 80) • HMIC (ss83 to 87)

  19. Transfer Schedule 15 and Regulations to follow • Initial transfer • Force • Stuff • Police Authority • Stuff • Staff • Governance arrangements • Subsequent transfer

  20. Conclusion Any questions?

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