Schedule 8: Appointment, suspension and removal of senior police officers
169.The Schedule makes provision for the scrutiny by police and crime panels of appointments, suspensions and removals of chief constables by police and crime commissioners, and for certain procedural requirements to be complied with by chief constables in suspending or removing deputy chief constables or assistant chief constables.
170.Part 1 deals with the appointment of chief constables. It restricts eligibility for appointment to persons who hold or have held the office of constable. It sets out a process by which the police and crime panel must consider a proposed appointment at a confirmation hearing and make a recommendation as to whether the candidate is to be appointed. It gives the panel a power of veto over a proposed appointment, provided that two thirds of the total membership of the panel agrees. It also gives the Secretary of State powers to make regulations governing the procedure for the panel's scrutiny of appointments, and the procedure to follow if a proposed appointment is vetoed, to deal with any deadlock and ensure an appointment is eventually made.
171.Part 2 deals with the suspension and removal of chief constables. It requires a police and crime commissioner to notify the police and crime panel if he suspends the chief constable. In relation to removals, it requires the police and crime commissioner to give the chief constable a written explanation of the grounds for wishing to remove him, and allows the chief constable to make written representations which the police and crime commissioner must consider. The police and crime commissioner must also inform the police and crime panel of the proposed removal, and the panel must consider the matter at a hearing. The chief constable has the right to attend and make representations at the hearing. The panel may also consult the chief inspector of constabulary. The panel must make a recommendation to the police and crime commissioner in relation to the proposed removal, which the commissioner must consider.
172.Part 3 deals with the suspension and removal of deputy chief constables and assistant chief constables. It requires a chief constable to notify the police and crime commissioner if they suspend one of these officers. If the chief constable wishes to remove one of these officers they are required to consult with the police and crime commissioner and provide the officer concerned with a written explanation of the reasons for removal. The officer must be given the opportunity to make representations, which the chief constable must consider before making a final decision.
