SCHEDULES
SCHEDULE 11Removal and suspension of senior officers of Constabulary
1Removal of senior officers by Police Authority
1
The Police Authority may call on a senior officer, in the interests of efficiency or effectiveness, to retire or to resign.
2
The approval of the Secretary of State is required before the Police Authority may call on a senior officer to retire or to resign.
3
Before seeking the approval of the Secretary of State, the Police Authority must—
a
give the senior officer a notice of its intention to call on him to retire or to resign and an explanation of its grounds for doing so;
b
give the senior officer an opportunity of making representations, including an opportunity of making representations in person; and
c
consider any representations made by or on behalf of the senior officer.
4
A senior officer who is called on to retire or to resign must retire or resign with effect from—
a
such date as the Police Authority may specify; or
b
such earlier date as may be agreed between him and the Police Authority.
5
Oral notice is not effective for the purposes of sub-paragraph (3).
2Power of Secretary of State to require removal of chief constable
1
The Secretary of State may require the Police Authority to exercise its power under paragraph 1 to call on the chief constable to retire or to resign.
2
Before requiring the Police Authority to exercise that power, the Secretary of State must—
a
give the chief constable a notice of his intention to require the Police Authority to exercise that power and an explanation of his grounds for doing so;
b
give the chief constable an opportunity of making representations, including an opportunity of making representations in person; and
c
consider any representations made by or on behalf of the chief constable.
3
Where the Secretary of State gives a notice under sub-paragraph (2), he must send a copy of the notice to the Police Authority.
4
The Secretary of State must not exercise his power under sub-paragraph (1) unless he has—
a
appointed one or more persons to hold an inquiry and to report to him; and
b
considered the report made to him.
5
At least one of the persons appointed under sub-paragraph (4)(a) must be a person who is not any of the following—
a
a constable;
b
an employee of the Police Authority;
c
an officer of a Government department.
6
At an inquiry held under sub-paragraph (4)—
a
the chief constable, and
b
the Police Authority,
must each be given an opportunity of making representations, including (in the case of the chief constable) an opportunity of making representations in person.
7
The Police Authority must pay the costs reasonably incurred by the chief constable in respect of an inquiry under this paragraph.
8
The amount of those costs is to be assessed in such manner as the Secretary of State may direct.
9
If the Secretary of State exercises his power under sub-paragraph (1) in relation to the chief constable, the Police Authority—
a
must call on him to retire or to resign; and
b
is not required to comply with paragraph 1(3) before doing so.
10
Oral notice is not effective for the purposes of sub-paragraph (2).
3Suspension of senior officers by Police Authority pending removal
1
This paragraph applies where—
a
the Police Authority has notified a senior officer that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;
b
the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or
c
the Police Authority has exercised its power under paragraph 1 in the case of a senior officer, or has been required to do so under paragraph 2, but the senior officer has not yet retired or resigned.
2
The Police Authority may suspend the senior officer from duty.
3
But this power is to be exercisable only where the Police Authority considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.
4
The approval of the Secretary of State is required for a suspension under this paragraph.
4Power of Secretary of State to require suspension of chief constable
1
This paragraph applies where—
a
the Police Authority has notified the chief constable that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;
b
the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or
c
the Police Authority has exercised that power, or has been required to do so under paragraph 2, but the chief constable has not yet retired or resigned.
2
The Secretary of State may require the Police Authority to suspend the chief constable from duty.
3
But this power is to be exercisable only where the Secretary of State considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.
4
The Police Authority must comply with a requirement under this paragraph to suspend the chief constable from duty.
5
Paragraph 3(3) and (4) do not apply to the suspension of the chief constable in pursuance of a requirement under this paragraph.