Police Act 1996

[F1 9E Removal of Commissioner or Deputy Commissioner. E+W

(1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis [F2 in the interests of efficiency or effectiveness, to retire or to resign ] .

(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis [F3 —

(a) an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and

(b) an opportunity to make representations;

and the Authority shall consider any representations made by or on behalf of the Commissioner.

The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.]

[F4 (2A) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if—

(a) it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or

(b) having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or

(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;

and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).]

(3) Where the Commissioner of Police of the Metropolis is called upon to [F5 retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date ] as may be agreed upon between him and the Authority.

(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.

(5) This section is without prejudice to—

(a) section 9B(3),

(b) section 9D(3),

(c) any regulations under section 50, or

(d) any regulations under the M1 Police Pensions Act 1976.]

Textual Amendments

F1 S. 9E inserted (3.7.2000) by 1999 c. 29, s. 318 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F2 Words in s. 9E(1) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(1)(a), 108(2); S.I. 2004/1319, art. 2(a)

F3 Words in s. 9E(2) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 31(1), 108(2); S.I. 2004/1319, art. 2(b)

F4 S. 9E(2A) inserted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 32(1), 108(2); S.I. 2004/1319, art. 2(c)

F5 Words in s. 9E(3) substituted (1.6.2004) by Police Reform Act 2002 (c. 30), ss. 30(1)(b), 108(2); S.I. 2004/1319, art. 2(a)

Marginal Citations

M1 1976 c. 35.