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Police Reform and Social Responsibility Bill (HL Bill 77)

Police Reform and Social Responsibility BillPage 40

64 Vacancy where acting commissioner acts for 6 months

(1) Subsection (2) applies where—

(a) an acting commissioner is appointed under section 63 to act for the

police and crime commissioner for a police area because the police and

5crime commissioner is incapacitated, and

(b) the police and crime commissioner does not cease to be incapacitated

during the period of 6 months beginning with the day on which the

acting commissioner is appointed.

(2) At the end of that 6 month period—

(a) 10the police and crime commissioner ceases to be police and crime

commissioner, and

(b) accordingly, the office of police and crime commissioner for that police

area becomes vacant.

Disqualification

65 15Disqualification from election as police and crime commissioner

(1) A person is disqualified from being elected to the office of police and crime

commissioner for a police area at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at

the election, and

(b) 20on each relevant day, the person is registered in the register of local

government electors for an electoral area in respect of an address in the

police area.

(2) In this section “relevant day”, in relation to a person who is a candidate at an

election, means—

(a) 25the day on which the person is nominated as a candidate at the election;

(b) the day of the poll at the election.

(3) A person is disqualified from being elected to the office of police and crime

commissioner for a police area at an ordinary election if the person has been

nominated as a candidate for election as police and crime commissioner for any

30other police area at that election.

(4) A person is disqualified from being elected to the office of police and crime

commissioner for a police area at an election other than an ordinary election

if—

(a) the person is police and crime commissioner for any other police area,

35or

(b) the person has been nominated as a candidate for election as police and

crime commissioner for any other police area for which an election is

held on the same day.

66 Police and crime commissioner not to serve for more than two terms

(1) 40A person is disqualified from being elected as police and crime commissioner

for a police area if the person has been elected as police and crime

commissioner for that area at two previous elections.

(2) It is immaterial for the purposes of subsection (1)

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(a) whether any election is, or was, an ordinary election;

(b) whether (and if so for how long), having been elected at a previous

election, the person acted as police and crime commissioner for the

area.

(3) 5An election which has been declared void under any provision made by or

under this Chapter is to be disregarded for the purposes of subsection (1).

(4) If an order under section 59 makes provision for a court to declare that a person

should have been elected in place of the person elected, it may make provision

for a person so declared to be treated for the purposes of subsection (1) as

10having been elected at an election.

(5) Where a police area alteration order is made, any affected police area is to be

treated for the purposes of this section as a different police area from any

resulting police area.

(6) Subsection (5) is subject to any provision made to the contrary by the police

15area alteration order.

(7) In this section—

  • “affected police area”, in relation to a police area alteration order, means

    a police area—

    (a)

    any part of whose boundary is altered by the order, or

    (b)

    20which is abolished by the order;

  • “police area alteration order” means—

    (a)

    an order under section 32 of the Police Act 1996 (power to alter

    police areas by order);

    (b)

    an order under section 10 of the Local Government and Public

    25Involvement in Health Act 2007 (implementation of Boundary

    Committee for England review of local government areas)

    which alters the boundary of any police area in England;

    (c)

    an order under section 58 of the Local Government Act 1972

    (implementation of proposals by Local Government Boundary

    30Commission for Wales) which alters the boundary of any police

    area in Wales;

  • “resulting police area”, in relation to a police area alteration order, means

    a police area—

    (a)

    which is created by the order, or

    (b)

    35any part of whose boundary results from the order.

67 Disqualification from election or holding office as police and crime

commissioner: police grounds

(1) A person is disqualified from being elected as, or being, a police and crime

commissioner if the person—

(a) 40is disqualified from being a member of the House of Commons under

section 1(1)(d) of the House of Commons Disqualification Act 1975

(members of police forces for police areas in the United Kingdom);

(b) is a member of—

(i) the British Transport Police Force;

(ii) 45the Civil Nuclear Constabulary;

(c) is a special constable appointed—

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(i) under section 27 of the Police Act 1996 for a police area or the

City of London police area;

(ii) under section 25 of the Railways and Transport Safety Act 2003

(British Transport Police Force);

(d) 5is a member of staff of the chief officer of police of any police force

maintained for a police area;

(e) is a member of staff of—

(i) a police and crime commissioner;

(ii) the Mayor’s Office for Policing and Crime;

(f) 10is the Mayor of London;

(g) is a member of the Common Council of the City of London or a member

of staff of that Council in its capacity as a police authority;

(h) is a member (including a member who is chairman or chief executive),

or member of staff, of—

(i) 15the British Transport Police Authority;

(ii) the Civil Nuclear Police Authority;

(iii) the Independent Police Complaints Commission;

(iv) the Serious Organised Crime Agency;

(v) the National Policing Improvement Agency;

(i) 20holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) any body mentioned in paragraph (h);

(iii) the chief officer of police for any police force maintained for a

police area or the City of London police area;

(iv) 25the chief officer of police for any police force mentioned in

paragraph (b).

(2) In this section, “member of staff”, in relation to any person (“A”), includes a

person (“B”) who works for A—

(a) under a contract of employment,

(b) 30under a contract for services, or

(c) in accordance with arrangements made between B’s employer and A;

and for this purpose B works for A if B provides services for A under the

direction and control of A.

(3) In subsection (1)(i), the reference to an entity under the control of a local

35policing body or other body or a chief officer of police is to be construed in

accordance with regulations made by the Secretary of State.

(4) In its application in relation to the first election of a police and crime

commissioner to be held for a police area, this section applies as if—

(a) for paragraphs (d) to (g) of subsection (1) there were substituted—

(d) 40any member, or member of staff, of a police authority

within the meaning of the Police Act 1996 (see section

101 of that Act);, and

(b) for paragraph (i)(i) of that subsection there were substituted—

(i) a police authority within the meaning of the

45Police Act 1996.

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68 Disqualification from election or holding office as police and crime

commissioner: other grounds

(1) A person is disqualified from being elected as, or being, a police and crime

commissioner unless the person satisfies the citizenship condition (see section

570).

(2) A person is disqualified from being elected as, or being, a police and crime

commissioner if the person—

(a) is disqualified from being a member of the House of Commons under

section 1(1)(a) to (c) of the House of Commons Disqualification Act

101975 (judges, civil servants, members of the armed forces), or

(b) is a member of the legislature of any country or territory outside the

United Kingdom.

(3) A person is disqualified from being elected as, or being, a police and crime

commissioner if—

(a) 15the person is the subject of—

(i) a debt relief restrictions order under paragraph 1 of Schedule

4ZB to the Insolvency Act 1986;

(ii) an interim debt relief restrictions order under paragraph 5 of

that Schedule;

(iii) 20a bankruptcy restrictions order under paragraph 1 of Schedule

4A to that Act;

(iv) a bankruptcy restrictions interim order under paragraph 5 of

that Schedule;

(b) a debt relief restrictions undertaking has effect in respect of the person

25under paragraph 7 of Schedule 4ZB to that Act;

(c) the person has been convicted in the United Kingdom, the Channel

Islands, or the Isle of Man, of any imprisonable offence (whether or not

sentenced to a term of imprisonment in respect of the offence); or

(d) the person is incapable of being elected as a member of the House of

30Commons, or is required to vacate a seat in the House of Commons,

under Part 3 of the Representation of the People Act 1983

(consequences of corrupt or illegal practices).

(4) For the purpose of subsection (3)(c)

(a) “imprisonable offence” means an offence—

(i) 35for which a person who has attained the age of 18 years may be

sentenced to a term of imprisonment, or

(ii) for which, in the case of such a person, the sentence is fixed by

law as life imprisonment;

(b) a person is to be treated as having been convicted—

(i) 40on the expiry of the ordinary period allowed for an appeal or

application in respect of the conviction, or

(ii) if an appeal or application is made in respect of the conviction,

when the appeal or application is finally disposed of or

abandoned or fails by reason of non-prosecution.

(5) 45A person is disqualified from being elected as, or being, police and crime

commissioner for a police area if the person—

(a) is a member of staff of a relevant council, or

(b) holds any employment in an entity which is under the control of a

relevant council within subsection (7)(a), (b), (c) or (f).

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(6) For this purpose—

  • “member of staff” has the same meaning as in section 67;

  • “relevant council”, in relation to a police area, means a council within

    subsection (7) for an area which, or any part of which, lies within the

    5police area.

(7) Those councils are—

(a) a county council;

(b) a county borough council;

(c) a district council;

(d) 10a parish council;

(e) a community council;

(f) the Council of the Isles of Scilly.

(8) In subsection (5)(b), the reference to an entity under the control of a relevant

council is to be construed in accordance with regulations made by the Secretary

15of State.

(9) Nothing in subsection (5) is to be taken to disqualify a person by virtue of being

a teacher, or otherwise employed, in a school or other educational institution

maintained or assisted by a relevant council.

69 Disqualification of person holding office as police and crime commissioner

20A person becomes disqualified from being a police and crime commissioner

upon becoming a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) the National Assembly for Wales;

(d) 25the Northern Ireland Assembly;

(e) the European Parliament.

70 Citizenship condition

(1) This section applies for the purposes of section 68.

(2) A person satisfies the citizenship condition if the person is—

(a) 30a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(c) a citizen of the Union.

(3) For the purposes of this section, a person is a qualifying Commonwealth

citizen if the person is a Commonwealth citizen and—

(a) 35is not a person who requires leave under the Immigration Act 1971 to

enter or remain in the United Kingdom, or

(b) is a person who requires such leave but for the time being has (or is, by

virtue of any enactment, to be treated as having) indefinite leave to

remain within the meaning of that Act.

(4) 40But a person who does not require leave to enter or remain in the United

Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to

requirement for leave in special cases) is not a qualifying Commonwealth

citizen by virtue of subsection (3)(a).

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(5) In this section the expression “citizen of the Union” is to be construed in

accordance with Article 20(1) of the Treaty on the Functioning of the European

Union.

71 Validity of acts

5The acts of a person elected as police and crime commissioner for a police area

under this Chapter who acts in that office are, despite any disqualification—

(a) from being, or being elected as, a police and crime commissioner, or

(b) from being, or being elected as police and crime commissioner for that

area,

10as valid and effectual as if the person had not been so disqualified.

Elections: further provision

72 Declaration of acceptance of office of police and crime commissioner

(1) A person elected to the office of police and crime commissioner for any police

area may not act in that office unless the person has—

(a) 15made a declaration of acceptance of the office in a form specified in an

order made by the Secretary of State, and

(b) delivered the declaration to the appropriate officer,

in each case, when not ineligible by virtue of subsection (5).

(2) If the person fails to make and deliver a declaration in accordance with

20subsection (1) within the period of two months beginning with the day after the

election, the office of police and crime commissioner for that area becomes

vacant at the end of the period.

(3) Any declaration made under this section must be made before—

(a) the appropriate officer;

(b) 25a justice of the peace or magistrate in the United Kingdom, the Channel

Islands or the Isle of Man, or

(c) a commissioner appointed to administer oaths in the Senior Courts.

(4) Any person before whom a declaration is authorised to be made under this

section may take the declaration.

(5) 30A person is ineligible to make or give a declaration of acceptance of office

under this section in respect of the office of police and crime commissioner for

a police area at any time when the person is a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) 35the National Assembly for Wales;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

(6) No salary, and no payment towards the provision of superannuation benefits,

is to be paid under this Act to or in respect of a police and crime commissioner

40until the commissioner has complied with the requirements of subsection (1).

(7) Subsection (6) does not affect any entitlement of a police and crime

commissioner to payments in respect of the period before the commissioner

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complies with the requirements of subsection (1) once the commissioner has

complied with those requirements.

73 Judicial proceedings as to disqualification or vacancy

(1) Any person who claims that a person purporting to be a police and crime

5commissioner for a police area is, or at any time since being elected has been,

disqualified—

(a) from being a police and crime commissioner; or

(b) from being police and crime commissioner for the police area,

may apply to the High Court for a declaration to that effect, and that

10accordingly the office of police and crime commissioner for the area is vacant.

(2) An application under subsection (1) in respect of any person may be made

whether the grounds on which it is made are alleged to have subsisted at the

time when the person was elected or to have arisen subsequently.

(3) No declaration may be made under this section in respect of any person on

15grounds which subsisted when the person was elected, if an election petition

under an order under section 59 is pending or has been tried in which the

person’s disqualification on those grounds is or was in issue.

(4) Any person who claims that a person purporting to be a police and crime

commissioner for a police area has ceased to be the police and crime

20commissioner for the police area by virtue of—

(a) section 64, or

(b) section 72,

may apply to the High Court for a declaration to that effect.

(5) On an application under this section—

(a) 25the person in respect of whom the application is made is to be the

respondent, and

(b) the applicant must give such security for the costs of the proceedings as

the court may direct.

(6) The amount of the security may not exceed £5,000 or such other sum as the

30Secretary of State may specify by order.

(7) The decision of the court on an application under this section is final.

74 Police and crime commissioners not to sit or vote in House of Lords

(1) A person elected as a police and crime commissioner is disqualified while

holding office as a police and crime commissioner—

(a) 35from sitting or voting in the House of Lords, and

(b) from sitting or voting in a committee of the House of Lords or a joint

committee of both Houses of Parliament.

(2) No writ of summons is to be issued to a member of the House of Lords while

disqualified under this section.

(3) 40Where a member of the House of Lords is elected as a police and crime

commissioner for a police area, the police area returning officer must notify the

Speaker of the House of Lords.

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(4) In this section references to a member of the House of Lords are references to a

person who is or, but for this section, would be entitled to receive writs of

summons to attend that House.

75 Amendment of police areas: term of office of commissioner

(1) 5Subsection (2) applies where a person becomes police and crime commissioner

for a resulting police area by virtue of, or of an election required to be held by,

a police area alteration order.

(2) The person’s term of office as police and crime commissioner ends at the time

when it would end had the person been elected as police and crime

10commissioner at the previous ordinary election of commissioners in England

or, as the case may be, Wales.

(3) In this section—

  • “police area alteration order” means—

    (a)

    an order under section 32 of the Police Act 1996 (power to alter

    15police areas by order);

    (b)

    an order under section 10 of the Local Government and Public

    Involvement in Health Act 2007 (implementation of Boundary

    Committee for England review of local government areas)

    which alters the boundary of any police area in England;

    (c)

    20an order under section 58 of the Local Government Act 1972

    (implementation of proposals by Local Government Boundary

    Commission for Wales) which alters the boundary of any police

    area in Wales;

  • “resulting police area”, in relation to a police area alteration order, means

    25a police area existing immediately after the order comes into force—

    (a)

    which is created by the order, or

    (b)

    any part of whose boundary results from the order.

(4) References in this section to the coming into force of a police area alteration

order are references to the changes in police areas made by the order taking

30effect.

76 Computation of time and timing of elections etc

(1) Subsection (2) applies where the day, or the last day, on which anything is

required or permitted to be done by or under section 51, 52 or 72 is not a

business day.

(2) 35The requirement or permission is deemed to relate instead to the first business

day after that day.

(3) Where under subsection (2) the day of an election is postponed, the day to

which it is postponed is to be treated as the day of election for the purpose of—

(a) any provision of, or made under, this Act, or

(b) 40any relevant provision (within the meaning of section 59).

(4) Any day which is not a business day is to be disregarded in computing any

period of time for the purpose of section 52.

(5) In this section, “business day” means a day other than—

(Nonenone) a Saturday,

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(Nonenone) a Sunday,

(Nonenone) Christmas Eve,

(Nonenone) Christmas Day,

(Nonenone) Good Friday,

(Nonenone) 5a bank holiday, or

(Nonenone) a day appointed for public thanksgiving or mourning.

77 Elections: consequential amendments

Schedule 10 (consequential amendments relating to elections of persons as

police and crime commissioners) has effect.

78 10The appropriate officer

(1) For each police area, other than the metropolitan police district, the Secretary

of State must by order designate a local authority.

(2) In this Chapter, the “appropriate officer”, in relation to any such police area,

means the head of paid service of the local authority designated for that police

15area.

(3) In this section—

  • “local authority” means—

    (a)

    a district council,

    (b)

    a county council in England for a county in which there are no

    20district councils,

    (c)

    the Council of the Isles of Scilly,

    (d)

    a county council or county borough council in Wales;

  • “head of paid service”, in relation to a council, means the person

    designated by the council under section 4(1)(a) of the Local

    25Government Act 1989.

79 Interpretation of Chapter 6

In this Chapter, the following terms have the following meanings, unless the

context otherwise requires—

  • “appropriate officer” has the meaning given by section 78;

  • 30“elector”, in relation to an election of a police and crime commissioner,

    means a person entitled to vote at the election;

  • “elector”, in relation to a local government election, has same meaning as

    in the Representation of the People Act 1983 (see section 202 of that

    Act);

  • 35“electoral area” has the same meaning as in that Act as it applies in

    relation to England and Wales (see section 203 of that Act);

  • “local government election” has the same meaning as in that Act as it

    applies in relation to England and Wales (see section 203 of that Act);

  • “local government elector” means a person registered as a local

    40government elector in the register of electors in accordance with the

    provisions of the Representation of the People Acts;

  • “ordinary election” has the meaning given in section 51;

  • “police area returning officer” has the meaning given by section 55.