Part II Central Supervision, Direction and Facilities
Functions of Secretary of State
42F1Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner
F2F3(1)
The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.
(1A)
The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.
(2)
F4Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—
(a)
give the officer concerned a notice in writing—
(i)
informing him of the Secretary of State’s intention to require the exercise of that power; and
(ii)
explaining the Secretary of State’s grounds for requiring the exercise of that power; and
(b)
give that officer an opportunity to make representations to the Secretary of State.
(2A)
Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the F5notice to the Mayor's Office for Policing and Crime.
(2B)
The Secretary of State shall consider any representations made to him under subsection (2).
(3)
F6Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.
F7(3A)
At an inquiry held under subsection (3)—
(a)
the Commissioner F8or Deputy Commissioner shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;
(b)
the F9Mayor's Office for Policing and Crime shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.
(3B)
The entitlement of the Commissioner F10or Deputy Commissioner to make representations shall include the entitlement to make them in person.
(4)
F13(4A)
If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—
(a)
the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and
(b)
section 48(5) of the 2011 Act does not apply.
(4B)
In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.
F14(4C)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .