Police Reform and Social Responsibility Act 2011

Valid from 22/11/2012

Scrutiny of senior appointments E+W

9 (1) A police and crime commissioner must notify the relevant police and crime panel of each proposed appointment by the commissioner of— E+W

(a) the commissioner's chief executive,

(b) the commissioner's chief finance officer, or

(c) a deputy police and crime commissioner.

(2) In a case where the police and crime commissioner notifies the relevant police and crime panel of such an appointment (“a proposed senior appointment”), the commissioner must also notify the panel of the following information—

(a) the name of the person whom the commissioner is proposing to appoint (“the candidate”);

(b) the criteria used to assess the suitability of the candidate for the appointment;

(c) why the candidate satisfies those criteria; and

(d) the terms and conditions on which the candidate is to be appointed.

10 (1) This paragraph applies if a police and crime panel is notified under paragraph 9 of a proposed senior appointment. E+W

(2) The panel must review the proposed senior appointment.

(3) The panel must make a report to the commissioner on the proposed senior appointment.

(4) The report must include a recommendation to the police and crime commissioner as to whether or not the candidate should be appointed.

(5) The panel must comply with sub-paragraphs (2) to (4), within the period of three weeks beginning with the day on which the panel receives the notification from the commissioner of the proposed senior appointment.

(6) The panel must publish the report to the commissioner made under this paragraph.

(7) It is for the panel to determine the manner in which the recommendation is to be published in accordance with sub-paragraph (6).

(8) In calculating the period of three weeks for the purpose of sub-paragraph (5), any relevant post-election period is to be ignored.

(9) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an ordinary election of a police and crime commissioner under section 50, and

(b) ends with the day on which the person elected as police and crime commissioner delivers a declaration of acceptance of office under section 70.

11 (1) A police and crime panel must hold a confirmation hearing before making a report and recommendation under paragraph 10 to the police and crime commissioner in relation to a proposed senior appointment. E+W

(2) For the purposes of this Schedule a “confirmation hearing” is a meeting of the panel, held in public, at which the candidate is requested to appear for the purpose of answering questions relating to the appointment.

(3) References in this Schedule to a person appearing at a meeting of the panel are references to the person—

(a) attending the meeting in person, or

(b) not attending the meeting in person, but participating in the proceedings at the meeting by any means that enable the person to hear, and be heard in, those proceedings as they happen.

12 (1) The police and crime commissioner may accept or reject the panel's recommendation under paragraph 10 as to whether or not the candidate should be appointed. E+W

(2) The police and crime commissioner must notify the panel of the decision whether to accept or reject the recommendation.