Police Reform and Social Responsibility Bill (HL Bill 77)

Police area covering ten or more local authorities: nomination by local authority

7 (1) This paragraph applies in relation to the police and crime panel for a police

area which covers ten or more local authorities.

(2) 5In a case where—

(a) the number of appointed members of the police and crime panel is

less than the full complement, and

(b) there is no member of the panel who was appointed by a particular

relevant local authority,

10the authority may nominate one of its councillors to be a member of the

police and crime panel.

(3) A relevant local authority may not make a nomination under this paragraph

if, and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4) 15In this paragraph, “full complement” means the number of appointed

members which the panel is to have by virtue of paragraph 4(1)(a).

Multi-authority police area covering nine or fewer local authorities: nomination by local

authority

8 (1) This paragraph applies in relation to the police and crime panel for a multi-

20authority police area which covers nine or fewer local authorities.

(2) In a case where—

(a) the number of appointed members of the police and crime panel is

less than the full complement,

(b) a particular relevant local authority does not have power under the

25panel arrangements to appoint an extra member of the panel (see

paragraph 5(2)), and

(c) there is no member of the panel who was appointed by the authority,

the authority may nominate one of its councillors to be a member of the

police and crime panel.

(3) 30In a case where—

(a) the number of appointed members of the police and crime panel is

less than the full complement,

(b) a particular relevant local authority has power under the panel

arrangements to appoint one or more extra members of the panel

35(see paragraph 5(2)), and

(c) the number of members of the panel who are members by virtue of

appointment by the authority is less than the authority’s quota of

members,

the authority may nominate the permitted number of its councillors to be

40members of the police and crime panel.

(4) A relevant local authority may not make a nomination under this paragraph

if, and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(5) In this paragraph, in relation to a police and crime panel and a relevant local

45authority—

Police Reform and Social Responsibility BillPage 121

• “full complement” means ten members;

• “permitted number” means the number that is equal to the difference
  
  between—

  (a)

  the authority’s quota of members; and

  (b)

  5the number of members of the panel who are members by
  
  virtue of appointment by the authority;

• “quota of members” means the number of members calculated by
  
  adding one to the number of extra members of the panel which the
  
  authority has power to appoint under the panel arrangements (see
  
  10paragraph 5(2)).

Appointment after nomination by local authority

9 (1) This paragraph applies where a relevant local authority makes a nomination

under paragraph 6, 7 or 8.

(2) If the nominee accepts the nomination, the relevant local authority may

15appoint the nominated councillor as a member of the panel.

(3) If the nominee does not accept the nomination, the relevant local authority

may nominate another of its councillors to be a member of the police and

crime panel (and sub-paragraph (2) or this sub-paragraph applies

accordingly, as if the nomination were made under paragraph 6, 7 or 8).

20Failure of local authority to appoint member: nomination and appointment by Secretary of

State

10 (1) This paragraph applies if the Secretary of State is satisfied that—

(a) the number of appointed members of a police and crime panel is less

than the full complement, and

(b) 25a relevant local authority (the “defaulting local authority”)—

(i) has failed to nominate or appoint one or more of its

councillors as members of the panel in accordance with

paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and

9, or

(ii) 30does not have power to make such a nomination and

appointment because of paragraph 6(3), 7(3) or 8(4).

(2) The Secretary of State must nominate the appropriate number of persons

who are councillors of relevant local authorities to be members of the police

and crime panel.

(3) 35Sub-paragraph (4) or (5) applies in relation to each nomination which the

Secretary of State is required to make under sub-paragraph (2).

(4) If the nominee accepts the nomination, the Secretary of State must appoint

the nominated councillor as a member of the panel.

(5) If the nominee does not accept the nomination, the Secretary of State must

40nominate another person who is a councillor of a relevant local authority to

be a member of the police and crime panel (and sub-paragraph (4) or this

sub-paragraph applies accordingly, as if the nomination were made under

sub-paragraph (2)).

(6) In complying with this paragraph in relation to the police and crime panel

for a multi-authority police area, the Secretary of State must secure (as far as

is reasonably practicable) that the fair representation objective is met.

(7) The “fair representation objective” referred to in sub-paragraph (6) is—

(a) 5in the case of a police area which covers ten or more local authorities,

the objective that each relevant local authority has only one of its

councillors as a member of the panel;

(b) in the case of a police area which covers nine or fewer local

authorities, the objective that each relevant local authority has at

10least one of its councillors as a member of the panel.

(8) If the Secretary of State—

(a) is satisfied that a relevant local authority has failed to nominate or

appoint one or more of its councillors as members of the panel as

mentioned in sub-paragraph (1)(b), and

(b) 15is considering whether to exercise, has decided to exercise, or has

exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State

is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9) A notice given under sub-paragraph (8) may be withdrawn by the Secretary

20of State at any time.

(10) For the purposes of sub-paragraph (1)(b)(i), it is irrelevant that a relevant

local authority which has failed to nominate or appoint a councillor as a

member of the panel—

(a) may have power under any of paragraphs 6 to 9 to make a further

25nomination; or

(b) is complying with, or has complied with, the panel arrangements

relating to that panel.

(11) In this paragraph—

• “appropriate number” means the number that is equal to the difference
  
  30between—

  (a)

  the full complement; and

  (b)

  the number of appointed members of the panel;

• “full complement” means the number of appointed members which the
  
  panel is to have by virtue of paragraph 4(1)(a).

35Costs of the panel

11 (1) This paragraph applies to a multi-authority panel.

(2) The panel arrangements must make provision about—

(a) how the relevant local authorities are to meet the costs of the panel;

and

(b) 40insofar as the provision is necessary, how funds paid (whether by the

Secretary of State or otherwise) to meet the costs of the panel are to

be paid to, or distributed between, the relevant local authorities.

Part 3 Panels established by the Secretary of State

Establishment and maintenance of panels

12 (1) This Part of this Schedule applies in relation to—

(a) 5each police area in Wales, and

(b) each police area in England in relation to which an order under

paragraph 1(2) has effect.

(2) The Secretary of State must—

(a) establish and maintain a separate police and crime panel for each

10police area to which this Part of this Schedule applies, and

(b) make the panel arrangements (see paragraph 23) for each police and

crime panel established and maintained in accordance with this

paragraph.

(3) The Secretary of State may make different panel arrangements for different

15police and crime panels.

(4) In the following provisions of this Part of this Schedule, a reference to a

police and crime panel is a reference to a panel established and maintained

in accordance with this paragraph.

Membership and status

13 (1) 20A police and crime panel for a police area is to consist of the following

members—

(a) the relevant number of persons appointed by the Secretary of State

as members of the panel; and

(b) two members co-opted by the panel.

(2) 25For the purposes of sub-paragraph (1), the “relevant number” is—

(a) ten (if the police area covers ten or fewer local authorities); or

(b) the number that is equal to the number of local authorities which the

police area covers (if the police area covers eleven or more local

authorities).

(3) 30A police and crime panel is not a committee or joint committee of any local

authority or local authorities.

Wales: persons appointed by the Secretary of State as members of panels

14 In this Part of this Schedule, a reference to a person appointed by the

Secretary of State as a member of a Welsh police and crime panel is a

35reference to—

(a) a person nominated by a relevant local authority to be a member of

the panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 16(2) to (4)(a), or

(b) a person nominated by the Secretary of State to be a member of the

40panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 16(4)(b) to (6).

Wales: Secretary of State to ask local authorities to nominate members of panels

15 (1) This paragraph applies in relation to a Welsh police and crime panel if the

Secretary of State is satisfied that the number of appointed members of the

panel is less than the full complement.

(2) 5In the case of a police and crime panel for a single-authority police area, the

Secretary of State must ask the relevant local authority to nominate the

appropriate number of the authority’s councillors to be members of the

panel.

(3) In the case of a police and crime panel for a multi-authority police area, the

10Secretary of State must—

(a) decide which of the relevant local authorities to ask to make

nominations under this sub-paragraph (the “nominating

authorities”);

(b) decide what number of nominations under this sub-paragraph each

15nominating authority is to be asked to make; and

(c) ask each nominating authority to nominate that number of the

authority’s councillors to be members of the panel.

(4) In complying with sub-paragraph (3), the Secretary of State must secure—

(a) that the number of nominations which the nominating authority or

20authorities are asked to make (when taken together) is equal to the

appropriate number; and

(b) that (as far as is reasonably practicable) the fair representation

objective is met.

(5) The “fair representation objective” referred to in sub-paragraph (4)(b) is—

(a) 25in the case of a police area which covers ten or more local authorities,

the objective that each relevant local authority has only one of its

councillors as a member of the panel;

(b) in the case of a police area which covers nine or fewer local

authorities, the objective that each relevant local authority has at

30least one of its councillors as a member of the panel.

(6) In this paragraph—

• “appropriate number” means the number that is equal to the difference
  
  between—

  (a)

  the full complement; and

  (b)

  35the number of appointed members of the panel;

• “full complement” means the number of appointed members which the
  
  panel is to have by virtue of paragraph 13(1)(a).

Wales: consequences of Secretary of State asking local authorities to make nominations

16 (1) This paragraph applies if, under paragraph 15, the Secretary of State asks a

40relevant local authority to nominate a councillor to be a member of a Welsh

police and crime panel.

(2) The authority may make the nomination.

(3) If the authority makes the nomination, and the nominee accepts the

nomination, the Secretary of State must appoint the nominated councillor as

45a member of the police and crime panel.

(4) If the authority fails to make the nomination, or the nominee does not accept

the nomination, the Secretary of State must either—

(a) ask the authority to make another nomination (and sub-paragraph

(2), and sub-paragraph (3) or this sub-paragraph, apply accordingly,

5as if the request were made under paragraph 15); or

(b) nominate a person who is a councillor of a relevant local authority to

be a member of the police and crime panel.

(5) If the nominee accepts a nomination made under sub-paragraph (4)(b), the

Secretary of State must appoint the nominated councillor as a member of the

10panel.

(6) If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to

be a member of the police and crime panel (and sub-paragraph (5) or this

sub-paragraph applies accordingly, as if the nomination were made under

15sub-paragraph (4)(b)).

England: persons appointed by the Secretary of State as members of panels

17 In this Part of this Schedule, a reference to a person appointed by the

Secretary of State as a member of an English police and crime panel is a

reference to a person who has been appointed by the Secretary of State as a

20member of the panel in accordance with paragraph 18.

England: nomination and appointment of members of panels by Secretary of State

18 (1) This paragraph applies in relation to an English police and crime panel if the

Secretary of State is satisfied that the number of appointed members of the

panel is less than the full complement.

(2) 25The Secretary of State must nominate the appropriate number of persons

who are councillors of relevant local authorities to be members of the police

and crime panel.

(3) Sub-paragraph (4) or (5) applies in relation to each nomination which the

Secretary of State is required to make under sub-paragraph (2).

(4) 30If the nominee accepts the nomination, the Secretary of State must appoint

the nominated councillor as a member of the panel.

(5) If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to

be a member of the police and crime panel (and sub-paragraph (4) or this

35sub-paragraph applies accordingly, as if the nomination were made under

sub-paragraph (2)).

(6) In this paragraph—

• “appropriate number” means the number that is equal to the difference
  
  between—

  (a)

  40the full complement; and

  (b)

  the number of appointed members of the panel;

• “full complement” means the number of appointed members which the
  
  panel is to have by virtue of paragraph 13(1)(a).

Liabilities of panels

19 (1) All relevant liabilities relating to a police and crime panel are liabilities of the

Secretary of State (and accordingly are not liabilities of any member of the

panel).

(2) 5Any expense incurred by a member of a police and crime panel—

(a) in respect of a relevant liability, or

(b) otherwise in the exercise of, or purported exercise of, a function of

the panel,

is to be borne and repaid by the Secretary of State.

(3) 10In this paragraph “relevant liability” means a liability which, but for this

paragraph, would be a liability of a member of a police and crime panel

(whether personally or as a member of that panel) in respect of anything

done by—

(a) that person in the exercise, or purported exercise, of a function of a

15member of the panel,

(b) any other member of the panel in the exercise, or purported exercise,

of a function of a member of the panel, or

(c) the panel in the exercise, or purported exercise, of a function of the

panel.

20Provision of financial and other resources

20 (1) The Secretary of State may provide financial and other resources—

(a) to a police and crime panel in connection with the exercise of the

panel’s functions;

(b) to the members of a police and crime panel in connection with the

25exercise of their functions; and

(c) to one or more of the relevant local authorities covered by a police

area in connection with the exercise of functions by—

(i) such an authority in relation to the police and crime panel for

that police area,

(ii) 30that panel, or

(iii) the members of that panel.

(2) The Secretary of State may provide financial or other resources under sub-

paragraph (1) subject to conditions.

(3) In the case of resources provided under sub-paragraph (1)(c), the conditions

35which may be imposed include conditions requiring a relevant local

authority to pass resources to, or share resources with, another relevant local

authority.

(4) The power under this paragraph to provide resources is in addition to the

duty under paragraph 19(2).

Part 4 General provisions

Restrictions on membership of panel

21 The police and crime commissioner for a police area may not be a member

5of the police and crime panel for the area.

22 A person may not be a co-opted member of the police and crime panel for a

police area if the person is any of the following—

(a) a member of the staff of the police and crime commissioner for that

police area;

(b) 10a member of the civilian staff of the police force for that police area;

(c) a member of a local authority which is covered by that police area;

(d) a Member of Parliament;

(e) a member of the National Assembly for Wales;

(f) a member of the Scottish Parliament;

(g) 15a member of the European Parliament.

Panel arrangements

23 (1) Panel arrangements are arrangements for the establishment and

maintenance of a police and crime panel.

(2) Panel arrangements must make provision about the co-option of, and

20holding of office by, the two co-opted members of the police and crime

panel.

(3) Panel arrangements must include provision about—

(a) the term of office of appointed members and co-opted members of

the panel;

(b) 25resignation, and removal, of appointed members and co-opted

members of the panel;

(c) conditions for re-appointment of appointed members and co-opted

members of the panel.

(4) Panel arrangements may not make rules of procedure for the police and

30crime panel (as to which see paragraph 24).

(5) Panel arrangements may make different provision for different cases.

(6) The following persons must comply with the panel arrangements relating to

a police and crime panel—

(a) each relevant local authority;

(b) 35each member of the police and crime panel.

Rules of procedure

24 (1) A police and crime panel must make rules of procedure for the panel.

(2) A police and crime panel’s rules of procedure must make provision about

the appointment, resignation and removal of a person to chair the panel.

(3) 40The police and crime panel’s rules of procedure may, in particular, make

provision about—

(a) the method of making decisions, and

(b) the formation of sub-committees.

(4) A sub-committee of a police and crime panel may not co-opt members.

(5) This paragraph is subject to paragraph 26.

5Voting by members

25 All members of a police and crime panel may vote in proceedings of the

panel.

Exercise of special functions

26 (1) The special functions of a police and crime panel may not be discharged by

10a committee or sub-committee of the panel.

(2) In this paragraph “special functions” means the functions conferred on a

police and crime panel by—

(a) section 29(2) (scrutiny of police and crime plan);

(b) section 29(3) (scrutiny of annual report);

(c) 15Schedule 5 (issuing precepts); and

(d) Part 1 of Schedule 8 (scrutiny of appointment of chief constables).

Allowances

27 The panel arrangements may make provision about the payment of

allowances to members of the police and crime panel.

20Promotion of, and support, for panels

28 The panel arrangements must make provision for—

(a) the role of the police and crime panel to be promoted;

(b) administrative and other support to be given to the police and crime

panel and its members;

(c) 25support and guidance to be given to—

(i) members of relevant local authorities,

(ii) members of the executives (if any) of relevant local

authorities, and

(iii) officers of relevant local authorities,

30in relation to the functions of the police and crime panel.

Validity of proceedings

29 The validity of the proceedings of a police and crime panel is not affected by

a vacancy in the membership of the panel or a defect in appointment.