The Police Reform and Social Responsibility Act 2011 established each Police Crime & Crime Commissioner (PCC) and Chief Constable as separate legal entities or ‘corporations sole’. Previously, there was just one legal entity – the Police Authority – which employed staff, entered into contracts and held other legal liabilities, as Chief Constables were unable to do so. After the PCC elections in November 2012, the Police Authority was abolished and a ‘Stage 1’ transfer saw all existing rights, assets and liabilities transfer automatically, by operation of statute, from the Authority to PCCs. This included the transfer of all police staff to the employment of the PCC.
The Act stipulates that a second ‘Stage 2’ transfer should take place, which sees a movement of the majority of staff from the employment of the PCC to the employment of the Chief Constable. The Home Secretary has instructed that this Stage 2 transfer must take place by 1st April 2014 and that all PCCs must have submitted a formal Scheme of Transfer by 3rd March 2014.
Implementation of Stage 2 arrangements on 1st April 2014 requires a set of revised governance documents to reflect the new employment arrangements and expectations of the two corporations sole. Collectively, these documents are known as the ‘Scheme of Corporate Governance’. The scheme covers both legal entities (PCC and CC) and sets out the governance arrangements between the two. It is based on current established good practice and takes into account national advice.
The Police and Crime Commissioner has now agreed these documents. You can see a record of his decision and access the full documents themselves at the links below:
055_2014_Stage 2 New Scheme of Corporate Governance
Stage 2 – Surrey Scheme of Corporate Governance