Police Reform and Social Responsibility Act 2011

Andy ChampnessChief 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

10. Commencement

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

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

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

Finance

Police Grant PreceptOther

Grants

CC AppointmentSchedule 8 Part 1

PCC proposal p3

PCP confirmation hearing p6

PCP Report p4

PCP veto p5,8 PCP no veto p7

Appointment p2

CC RemovalSchedule 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

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

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

Delegation 1Sections18(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

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

Police and Crime Panels

• Membership

• Duties and Responsibilities

• Vacancy in PCC

• Precept

PCP ResponsibilitiesSection 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

Precept

Schedule 5

PCC proposal p2

PCP review and report p3

PCP no veto p5 PCP veto p6

Regulations p8Secretary of State

Issue precept p1

Elections

Sections 50 to 76, schedules 9, 10 and Regulations to follow

• Election date

• Police Area Returning Officer

• Declaration of acceptance

• Disqualification

DisqualificationSections 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)

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)

Transfer

Schedule 15 and Regulations to follow

• Initial transfer– Force

• Stuff

– Police Authority• Stuff• Staff • Governance arrangements

• Subsequent transfer

Conclusion

Any questions?