Police Reform and Social Responsibility Bill (HL Bill 77)

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.

Duty to produce balanced panel

30 (1) 35In exercising functions under Part 2 or 3 of this Schedule, a relevant local
authority must secure that (as far as is reasonably practicable) the balanced
appointment objective is met.

(2) In exercising functions under Part 2 or 3 of this Schedule, the Secretary of
State must secure that (as far as is reasonably practicable) the balanced
appointment objective is met.

(3) The “balanced appointment objective” referred to in this paragraph is the
5objective that the appointed members of a police and crime panel (when
taken together)—

(a) represent all parts of the relevant police area;

(b) represent the political make-up of—

(i) the relevant local authority, or

(ii) 10the relevant local authorities (when taken together);

(c) have the skills, knowledge and experience necessary for the police
and crime panel to discharge its functions effectively.

31 In co-opting members, a police and crime panel must secure that (as far as is
reasonably practicable), the appointed and co-opted members of the panel
15(when taken together) have the skills, knowledge and experience necessary
for the police and crime panel to discharge its functions effectively.

Application of other legislation

32 (1) The Secretary of State may, by regulations—

(a) modify a relevant enactment in its application to Part 2 panels, or

(b) 20provide for a relevant enactment not to apply to Part 2 panels.

(2) The Secretary of State may, by regulations, provide for a relevant enactment
to apply (with or without modifications) to Part 3 panels.

(3) In this paragraph—

• “Part 2 panels” means police and crime panels established and
  25maintained under Part 2 of this Schedule (which are committees or
  joint committees of the relevant local authority or authorities);

• “Part 3 panels” means police and crime panels established and
  maintained under Part 3 of this Schedule (which are not committees
  or joint committees of any local authority);

• 30“relevant enactment” means an enactment which applies to a
  committee of a local authority or a joint committee of local
  authorities.

Regulations about notifications

33 The Secretary of State may, by regulations, make provision about
35notifications to be given by persons in relation to—

(a) their compliance, or failure to comply, with any duty imposed under
this Schedule; or

(b) their exercise, or failure to exercise, any power conferred under this
Schedule.

40Regulations about making nominations

34 (1) The Secretary of State may, by regulations, make provision about—

(a) the making of nominations (including provision about when
nominations lapse);