Policing and Crime Act 2009

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Policing and Crime Act 2009

An Act to make provision about the police; to make provision about prostitution, sex offenders, sex establishments and certain other premises; to make provision for reducing and dealing with the abuse of alcohol; to make provision about the proceeds of crime; to make provision about extradition; to amend the Aviation Security Act 1982; to make provision about criminal records and to amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or facilitate search, forfeiture and other powers relating to the United Kingdom’s borders or elsewhere; to make further provision for combatting crime and disorder; to repeal redundant provisions; and for connected purposes.

[12 th November 2009]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Police reform

Public accountability

1 Duty of police authorities in relation to public accountability

(1) In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—

“(aa) the views of people in the authority’s area about policing in that area,”.

(2) In section 54(2 A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “the requirement to have regard to the views of people in its area about policing in that area and its compliance with”.

Appointment of senior officers

2 Police Senior Appointments Panel

(1) In the Police Act 1996 (c. 16) after section 53 A insert—

“Police Senior Appointments Panel

53 BPolice Senior Appointments Panel

(1) There shall be a Police Senior Appointments Panel constituted in accordance with arrangements made by the Secretary of State.

(2) The arrangements shall provide for the panel to consist of—

(a) a chair and other members appointed by the Secretary of State, and

(b) representative members.

(3) The representative members shall consist of—

(a) persons nominated by the Secretary of State,

(b) persons nominated by the Association of Police Authorities, and

(4) A person may be nominated as a representative member for a particular meeting, for a particular period or otherwise.

(5) Arrangements under subsection (1) may, in particular, include provision about—

(a) the panel’s proceedings;

(b) annual or other reports.

(6) Before making (or revising) arrangements under subsection (1) the Secretary of State shall consult—

(a) the Association of Police Authorities, and

(b) the Association of Chief Police Officers.

(7) The Secretary of State may make staff available to the panel; and arrangements under subsection (1) may include provision about staff.

(8) The Secretary of State may—

(a) pay fees to the chair and members of the panel appointed by the Secretary of State;

(b) defray expenses incurred by the panel.

53 CFunctions

(1) The Police Senior Appointments Panel shall advise the Secretary of State on any matter about which it is consulted by the Secretary of State in connection with—

(a) the appointment of a senior officer, or

(b) the giving of consent under section 12 A(4) or under section 25 of the City of London Police Act 1839.

(2) The panel shall advise the Secretary of State and police authorities about—

(a) ways to increase the pool of potential candidates for appointment as a senior officer, and

(b) the training and development needs of potential candidates for such appointment.

(3) The Secretary of State may refer any report made by Her Majesty’s Inspectors of Constabulary to the panel.

(4) Following such a referral the panel shall consider the report and advise the Secretary of State and police authorities on any matters which it thinks appropriate in connection with—

(a) the training and development needs of senior officers;

(b) other matters relating to senior officers.

(5) In discharging its functions under subsections (2) and (4) the panel may give advice to police authorities in general or to any one or more police authorities.

(6) In this section “senior officer” means—

(a) a member of a police force holding a rank above that of chief superintendent;

(b) the Commissioner of Police for the City of London.

53 DPower to confer additional functions

(1) The Secretary of State may by order confer additional functions on the Police Senior Appointments Panel.

(2) An order under subsection (1) may, in particular, confer advisory or other functions on the panel in connection with the appointment of senior officers (within the meaning of section 53 C(6)).

(3) An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

(4) Before making an order under this section the Secretary of State shall consult the panel.

(5) A statutory instrume...

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