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Police Reform and Social Responsibility Act 2011

Schedule 1: Police and Crime Commissioners

27.Schedule 1 deals with a number of ancillary matters in relation to police and crime commissioners such as remuneration, staff and powers.

28.Paragraphs 2 to 5 provide for a police and crime commissioner to receive a salary, allowances and a pension. The amount of the salary and allowances, and the amount to be paid by the police and crime commissioner in respect of pensions, will be determined by the Secretary of State, and these determinations will be published.

29.Paragraphs 6 and 7 set out the powers and duties of police and crime commissioners in respect of staff. The police and crime commissioner must appoint a person to be head of his staff (referred to in the Act as his chief executive) and a person to be responsible for the administration of his financial affairs (referred to in the Act as his chief finance officer), and may appoint other staff. Paragraphs 187 to 190 and 201 to 202 of Part 3 of Schedule 16 amend the relevant provisions in local government legislation with the effect that the chief executive and chief finance officer have the same powers and duties as their equivalents in local authorities. In particular, the chief finance officer will automatically be designated as monitoring officer, with the duty of making a report in relation to any unlawful conduct or maladministration by the police and crime commissioner.

30.Paragraph 8 contains provision about the deputy police and crime commissioner, listing persons who are disqualified from appointment to the post, specifying that the deputy’s appointment will not extend beyond the tenure of the police and crime commissioner, and disapplying section 7 of the Local Government and Housing Act 1989 (which would otherwise require a deputy police and crime commissioner, as a member of the police and crime commissioner’s staff, to be appointed on merit).

31.Paragraphs 9 to 12 make provisions requiring a police and crime panel to hold a confirmation hearing in relation to a proposed appointment by a police and crime commissioner of a deputy police and crime commissioner, a chief executive or a chief finance officer. This provision is similar to that made in respect of the appointment of a chief constable under Part 1 of Schedule 8.

32.Paragraph 13 allows the police and crime commissioner to pay his staff.

33.Paragraph 14 provides a police and crime commissioner with a general power to do anything intended to allow or assist him in discharging his functions.

34.Paragraph 15 protects a police and crime commissioner and any member of his staff from personal liability in respect of acts done in the course of their duties and in good faith.

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