Police Reform and Social Responsibility Bill (HL Bill 77)

(a) any damages or costs awarded against a chief constable in any
proceedings brought against the chief constable in respect of the acts
or omissions of a member of the relevant police force’s civilian staff;

(b) any costs incurred by a chief constable in any such proceedings so far
5as not recovered by the chief constable in the proceedings; and

(c) any sum required in connection with the settlement of any claim
made against a chief constable in respect of the acts or omissions of a
member of the relevant police force’s civilian staff, if the settlement
is approved by the relevant police and crime commissioner.

(2) 10A police and crime commissioner may, in such cases and to such extent as
appear to the commissioner to be appropriate, pay out of the police fund
kept by the commissioner—

(a) any damages or costs awarded against a member of the relevant
police force’s civilian staff in proceedings for any unlawful conduct
15of that person;

(b) any costs incurred and not recovered by such a member of staff in
such proceedings; and

(c) any sum required in connection with the settlement of a claim that
has or might have given rise to such proceedings.

20Disciplinary action etc

9 Paragraph 2 does not affect the application of regulations under section 50
of the Police Act 1996 to the constable who occupies the office of chief
constable.

Section 4

SCHEDULE 3 25Mayor’s Office for Policing and Crime

Allowances

1 (1) The occupant of the Mayor’s Office for Policing and Crime is to be paid
authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of
30expenses incurred by the occupant of the Mayor’s Office for Policing and
Crime in the exercise of the functions of that Office, which are of the kinds
and amounts designated by the Secretary of State as payable in accordance
with this paragraph.

(3) A determination under this paragraph may make different provision for
35different cases.

(4) Payments under this paragraph are to be made by the Mayor’s Office for
Policing and Crime.

Staff

2 (1) The Mayor’s Office for Policing and Crime must appoint a person to be the
40head of that Office’s staff (referred to in this Part as the chief executive of the
Mayor’s Office for Policing and Crime).

(2) The Mayor’s Office for Policing and Crime may appoint such other staff (in
addition to the chief executive, and the chief finance officer appointed under
section 127(2) of the Greater London Authority Act 1999) as the Office thinks
appropriate to enable the Office to exercise its functions.

(3) 5A reference in any enactment to the officers of a functional body of the
Greater London Authority is, in the case of the Mayor’s Office for Policing
and Crime, to be read as a reference to the staff of that Office.

3 (1) The Mayor’s Office for Policing and Crime must appoint a person to act as
chief executive, if and for as long as—

(a) 10that post is vacant, or

(b) the holder of that post is, in the opinion of the Mayor’s Office for
Policing and Crime, unable to carry out the duties of that post.

(2) A reference in any enactment to the chief executive of the Mayor’s Office for
Policing and Crime includes a reference to a person acting as chief executive
15in accordance with sub-paragraph (1).

The Deputy Mayor for Policing and Crime

4 (1) This paragraph applies to the person appointed under section 20 to be the
Deputy Mayor for Policing and Crime.

(2) None of the following may be appointed as the Deputy Mayor for Policing
20and Crime—

(a) a police and crime commissioner;

(b) a person who has not attained the age of 18 on the day of
appointment;

(c) a person who is subject to a relevant disqualification;

(d) 25a Member of the House of Commons;

(e) a member of the European Parliament;

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

(g) a member of the Scottish Parliament;

(h) a member of the Northern Ireland Assembly.

(3) 30The terms and conditions of a person who is appointed as the Deputy Mayor
for Policing and Crime must provide for the appointment to end not later
than the day when the current term of office of the occupant of the Mayor’s
Office for Policing and Crime ends.

(4) If, and for as long as, the person who is Deputy Mayor for Policing and
35Crime is a member of the London Assembly, the Deputy Mayor for Policing
and Crime is not to be regarded as a member of staff of the Mayor’s Office
of Policing and Crime.

(5) But sub-paragraph (4) does not prevent the person who is the Deputy Mayor
for Policing and Crime from receiving allowances and gratuities under
40paragraph 6.

(6) Section 7 of the Local Government and Housing Act 1989 (appointment of
staff on merit) does not apply to the Deputy Mayor for Policing and Crime.

(7) In this paragraph “current term of office”, in relation to the appointment of
a member of staff by the occupant of the Mayor’s Office for Policing and

Crime, means the occupant’s term of office which is running at the time the
appointment is made.

(8) For the purposes of this paragraph, a person is subject to a relevant
disqualification if the person is disqualified from being elected as, or being,
5a police and crime commissioner under—

(a) section 67(1) (police officers, police-related employment etc), other
than paragraph (e)(ii); or

(b) section 68(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,
bankruptcy, criminal convictions & corrupt or illegal election
10practices).

Notification of appointments

5 (1) This paragraph applies to every appointment of a member of staff of the
Mayor’s Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime must notify the London
15Assembly of—

(a) the name of the person appointed;

(b) the post to which the person has been appointed; and

(c) the terms and conditions on which the person has been appointed.

(3) In this paragraph, a reference to appointment of a person as a member of
20staff of the Mayor’s Office for Policing and Crime includes a reference to a
person who is already a member of staff of the Office being appointed to a
different post within the staff of the Office.

Remuneration etc of staff

6 (1) The Mayor’s Office for Policing and Crime may pay remuneration,
25allowances and gratuities to the members of the staff of the Office.

(2) The Mayor’s Office for Policing and Crime may pay—

(a) pensions to, or in respect of, persons who have been members of the
staff of the Office, and

(b) amounts for or towards provision of pensions to, or in respect of,
30persons who have been members of the staff of the Office.

(3) In this paragraph “allowances”, in relation to a member of the staff of the
Mayor’s Office for Policing and Crime, means allowances in respect of
expenses incurred by the member of staff in the course of employment as
such a member of staff.

35Incidental powers

7 (1) The Mayor’s Office for Policing and Crime may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Office.

(2) That includes—

(a) 40entering into contracts and other agreements (whether legally
binding or not);

(b) acquiring and disposing of property (including land);

(c) borrowing money.

(3) This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Mayor’s Office for Policing and Crime.

Protection from personal liability

8 (1) A person who is the occupant of the Mayor’s Office for Policing and Crime
5has no personal liability for an act or omission done by the person in the
exercise of the functions of the office unless it is shown to have been done
otherwise than in good faith.

(2) A person who is a member of staff of the Mayor’s Office for Policing and
Crime has no personal liability for an act or omission done by the person in
10the carrying out of duties as a member of staff unless it is shown to have been
done otherwise than in good faith.

Financial year

9 (1) The first financial year of the Mayor’s Office for Policing and Crime is the
period that—

(a) 15begins with the day on which section 4 comes into force, and

(b) ends with the relevant 31 March.

(2) After that, the financial year of the Mayor’s Office for Policing and Crime is
the period of 12 months ending with 31 March.

(3) In this paragraph “relevant 31 March”, in relation to the first financial year
20of the Mayor’s Office for Policing and Crime, means—

(a) if that financial year begins on or before 1 October, the first 31 March
that falls after the beginning of the financial year;

(b) if that financial year begins after 1 October, the second 31 March that
falls after the beginning of the financial year.

Section 4

25SCHEDULE 4 Commissioner of Police of the Metropolis

Civilian staff

1 (1) The Commissioner of Police of the Metropolis must appoint a person to be
responsible for the proper administration of the metropolitan police force’s
30financial affairs (referred to in this Part as the metropolitan police force’s
chief finance officer).

(2) The Commissioner of Police of the Metropolis may appoint such other staff
as the Commissioner thinks appropriate—

(a) to enable the Commissioner to exercise the Commissioner’s
35functions, or

(b) otherwise to assist the metropolitan police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief
finance officer of the Commissioner of Police of the Metropolis as it applies
to the persons having responsibility for the administration of financial
40affairs mentioned in that section.

Remuneration etc of staff

2 (1) The Commissioner of Police of the Metropolis may pay remuneration,
allowances and gratuities to the members of the metropolitan police force’s
civilian staff.

(2) 5The Commissioner of Police of the Metropolis may pay—

(a) pensions to, or in respect of, persons who have been members of the
metropolitan police force’s civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of,
persons who have been members of the metropolitan police force’s
10civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a metropolitan
police force’s civilian staff, means allowances in respect of expenses
incurred by the member of staff in the course of employment as such a
member of staff.

15Incidental powers

3 (1) The Commissioner of Police of the Metropolis may do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of the Commissioner.

(2) That includes—

(a) 20entering into contracts and other agreements (whether legally
binding or not);

(b) acquiring and disposing of property, apart from land, but only with
the consent of the Mayor’s Office for Policing and Crime;

(c) borrowing money, but only with the consent of the Mayor’s Office
25for Policing and Crime.

(3) This paragraph is subject to the other provisions of this Act and to any other
enactment about the powers of the Commissioner.

Damages and costs in legal proceedings

4 (1) The following amounts must be paid out of the police fund kept by the
30Mayor’s Office for Policing and Crime—

(a) any damages or costs awarded against the Commissioner of Police of
the Metropolis in any proceedings brought against the
Commissioner in respect of the acts or omissions of a member of the
metropolitan police force’s civilian staff;

(b) 35any costs incurred by the Commissioner of Police of the Metropolis
in any such proceedings so far as not recovered by the Commissioner
in the proceedings; and

(c) any sum required in connection with the settlement of any claim
made against the Commissioner of Police of the Metropolis in respect
40of the acts or omissions of a member of the metropolitan police
force’s civilian staff, if the settlement is approved by the Mayor’s
Office for Policing and Crime.

(2) The Mayor’s Office for Policing and Crime may, in such cases and to such
extent as appear to the Office to be appropriate, pay out of the police fund
45kept by the Office—

(a) any damages or costs awarded against a member of the metropolitan
police force’s civilian staff in proceedings for any unlawful conduct
of that person;

(b) any costs incurred and not recovered by such a member of staff in
5such proceedings; and

(c) any sum required in connection with the settlement of a claim that
has or might have given rise to such proceedings.

Disciplinary action etc

5 Section 5(1) does not affect the application of regulations under section 50 of
10the Police Act 1996 to the constable who occupies the office of Commissioner
of Police of the Metropolis.

Section 27

SCHEDULE 5 Issuing precepts

Introduction

1 (1) 15A police and crime commissioner may not issue a precept under section 40
of the Local Government Finance Act 1992 for a financial year until the end
of the scrutiny process is reached.

(2) The end of the scrutiny process is reached when—

(a) in a case where paragraph 5 applies, the police and crime
20commissioner gives the police and crime panel a response to the
panel’s report; or

(b) in a case where paragraph 6 applies, the end of the process is reached
in accordance with regulations under paragraph 8.

(3) References in this Schedule to the issuing of a precept include references to
25the issuing of a substitute precept.

Commissioner to notify panel of proposed precept

2 The police and crime commissioner must notify the relevant police and
crime panel of the precept which the commissioner is proposing to issue for
the financial year (the “proposed precept”).

30Panel to review proposed precept

3 (1) The police and crime panel must review the proposed precept notified to it
under paragraph 2.

(2) The panel must make a report to the commissioner on the proposed precept.

(3) The report may include recommendations, including recommendations as
35to the precept that should be issued for the financial year.

Panel’s power to veto precept

4 (1) The police and crime panel may, having reviewed the proposed precept,
veto the proposed precept.

(2) If the panel vetoes the proposed precept, the report made under paragraph
3 must include a statement that the panel has vetoed it.

(3) References in this Schedule to a police and crime panel vetoing a proposed
precept are references to the panel making a decision, by the required
5majority, that the proposed precept should not be the precept for the
financial year.

(4) For that purpose, the panel makes that decision by the required majority if
at least three-quarters of the persons who are members of the panel at the
time when the decision is made vote in favour of making that decision.

10Next steps if no veto

5 (1) This paragraph applies if the police and crime panel does not veto the
proposed precept.

(2) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3
15(including any recommendations in the report),

(b) give the panel a response to the report (and any such
recommendations), and

(c) publish the response.

(3) The police and crime commissioner may—

(a) 20issue the proposed precept as the precept for the financial year, or

(b) issue a different precept, but only if it would be in accordance with a
recommendation made in the report to do so.

(4) It is for the police and crime panel to determine the manner in which a
response to a report or recommendations is to be published in accordance
25with sub-paragraph (2)(c).

Next steps if veto

6 (1) This paragraph applies if the police and crime panel vetoes the proposed
precept.

(2) The police and crime commissioner must not issue the proposed precept as
30the precept for the financial year.

(3) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3
(including any recommendations in the report),

(b) give the panel a response to the report (and any such
35recommendations), and

(c) publish the response.

(4) It is for the police and crime panel to determine the manner in which a
response to a report or recommendations is to be published in accordance
with sub-paragraph (3)(c).

(5) 40Sub-paragraph (2) is subject to regulations under paragraph 8.

Regulations

7 (1) The Secretary of State may make regulations about—

(a) the steps that are required to be taken by paragraphs 2 to 6, and

(b) procedures that are to be followed in taking such steps.

(2) The regulations may, in particular, make provision about the time limits
applicable in taking steps or following procedures.

8 (1) 5The Secretary of State may make regulations about the issuing of precepts in
cases where paragraph 6 applies.

(2) The regulations may make provision about—

(a) steps to be taken, and

(b) procedures to be followed.

(3) 10That includes provision about the time limits applicable in taking steps or
following procedures.

(4) The regulations may make provision about limits on the precept that may be
issued.

(5) That includes provision about the calculation of limits by reference to—

(a) 15one or more previous precepts,

(b) the proposed precept, or

(c) any other matters.

(6) The regulations may confer functions on—

(a) police and crime commissioners,

(b) 20police and crime panels,

(c) the Secretary of State, or

(d) any other person.

(7) That includes functions involving the exercise of a discretion.

(8) Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph
25(1).

Section 29

SCHEDULE 6 Police and crime panels

Part 1 Type of panel which police area is to have

30England

1 (1) Each police area in England, other than the metropolitan police district, is to
have a police and crime panel established and maintained in accordance
with Part 2 of this Schedule.

(2) But the Secretary of State may, by order, provide that any such police area is
35to have (for as long as the order has effect) a police and crime panel
established and maintained in accordance with Part 3 of this Schedule
(instead of a panel established and maintained in accordance with Part 2).

(3) The Secretary of State may make an order under sub-paragraph (2) in
relation to a single-authority police area only if the Secretary of State is of the
opinion that the relevant local authority has failed to nominate or appoint
one or more of its councillors as members of the panel in accordance with
5paragraphs 6 and 9.

(4) The Secretary of State may make an order under sub-paragraph (2) in
relation to a multi-authority police area only if the Secretary of State is of the
opinion that all the relevant local authorities have (whether at the same time
or at different times) failed to nominate or appoint one or more of their
10councillors as members of the panel—

(a) in accordance with paragraphs 7 and 9 (in the case of a police area
which covers ten or more local authorities), or

(b) in accordance with paragraphs 8 and 9 (in the case of a police area
which covers nine or fewer local authorities).

15Wales

2 Each police area in Wales is to have a police and crime panel established and
maintained in accordance with Part 3 of this Schedule.

Part 2 Panels established by local authorities

20Establishment and maintenance of panels

3 (1) This Part of this Schedule applies in relation to each police area in England
(other than the metropolitan police district), unless an order under
paragraph 1(2) has effect in relation to the police area.

(2) The local authority or local authorities which such a police area covers
25must—

(a) establish and maintain a police and crime panel for the police area,
and

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

(3) 30In the case of a multi-authority police area, all the relevant local authorities
must agree to the making or modification of the panel arrangements.

(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.

35Membership and status

4 (1) A police and crime panel for a police area is to consist of the following
members—

(a) the relevant number of persons properly appointed as members of
the panel; and

(b) 40two members co-opted by the panel.

(2) For 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) A police and crime panel is—

(a) 5a committee of the relevant local authority (if it is the panel for a
single-authority police area), or

(b) a joint committee of the relevant local authorities (if it is the panel for
a multi-authority police area).

(4) A police and crime panel may not exercise any functions other than those
10conferred by this Act.

Persons properly appointed as members of panels

5 (1) In this Part of this Schedule, a reference to a person properly appointed as a
member of a police and crime panel is a reference to—

(a) a person nominated by a relevant local authority to be a member of
15the panel, and appointed by the authority as a member of the panel,
in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or
paragraphs 8 and 9, or

(b) a person nominated by the Secretary of State to be a member of the
panel, and appointed by the Secretary of State as a member of the
20panel, in accordance with paragraph 10.

(2) In the case of the police and crime panel for a multi-authority police area
which covers nine or fewer local authorities, the panel arrangements must
make provision as to the relevant local authority or authorities who are to
have power to appoint the extra members of the panel (see paragraph
258(3)(b)).

(3) For that purpose “extra members” means the number of members of the
panel produced by this calculation—

30Single-authority police area: nomination by local authority

6 (1) This paragraph applies in relation to the police and crime panel for a single-
authority police area.

(2) If the number of appointed members of the police and crime panel is less
than the full complement, the relevant local authority may nominate the
35appropriate number of its councillors to be members 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) 40In this paragraph—

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

  (a)

  the full complement; and

  (b)

  the number of appointed members of the panel;

Police Reform and Social Responsibility BillPage 120

• “full complement” means ten members.

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