Police Reform and Social Responsibility Bill (HL Bill 86)

(2) 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
5recommendations), and

(c) publish the response.

(3) The police and crime commissioner may—

(a) issue 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
10recommendation 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
with sub-paragraph (2)(c).

Next steps if veto

6 (1) 15This 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
the precept for the financial year.

(3) The police and crime commissioner must—

(a) 20have 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
recommendations), and

(c) publish the response.

(4) 25It 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) Sub-paragraph (2) is subject to regulations under paragraph 8.

Regulations

7 (1) 30The 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) 35The 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) 40That 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) one or more previous precepts,

(b) 5the proposed precept, or

(c) any other matters.

(6) The regulations may confer functions on—

(a) police and crime commissioners,

(b) police and crime panels,

(c) 10the 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
(1).

Section 29

15SCHEDULE 6 Police and crime panels

Part 1 Type of panel which police area is to have

England

1 (1) 20Each 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
to have (for as long as the order has effect) a police and crime panel
25established 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
30one or more of its councillors as members of the panel in accordance with
paragraphs 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
35or at different times) failed to nominate or appoint one or more of their
councillors 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
40which covers nine or fewer local authorities).

Wales

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 5Panels established by local authorities

Establishment 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) 10The local authority or local authorities which such a police area covers
must—

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

(b) make the panel arrangements (see paragraph 24) for the police and
15crime panel.

(3) In 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
20in accordance with this paragraph.

Membership 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
25the panel; and

(b) the appropriate number of members co-opted by the panel.

(2) For the purposes of sub-paragraph (1)(a), 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
30police area covers (if the police area covers eleven or more local
authorities).

(3) For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a) two, or

(b) if a resolution of the panel under sub-paragraph (4) is in force, the
35number of co-opted members specified in that resolution.

(4) A police and crime panel may resolve that the panel is to have the number
of co-opted members specified in the resolution; but no such resolution may
be passed unless—

(a) that number of co-opted members is greater than two;

(b) 40the Secretary of State agrees that the panel should have that number
of co-opted members; and

(c) the total membership of the panel, including that number of co-opted
members, would not exceed 20.

(5) A police and crime panel is—

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

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

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

10Persons 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
the panel, and appointed by the authority as a member of the panel,
15in 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
panel, in accordance with paragraph 10.

(2) 20In 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
8(3)(b)).

(3) 25For that purpose “extra members” means the number of members of the
panel produced by this calculation—

Single-authority police area: nomination by local authority

6 (1) 30This 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
appropriate number of its councillors to be members of the police and crime
35panel.

(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) In this paragraph—

• 40“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;

• “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) In a case where—

(a) 5the 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,

the authority may nominate one of its councillors to be a member of the
10police 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) In this paragraph, “full complement” means the number of appointed
15members 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-
authority police area which covers nine or fewer local authorities.

(2) 20In 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
panel arrangements to appoint an extra member of the panel (see
25paragraph 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) In a case where—

(a) 30the 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
(see paragraph 5(2)), and

(c) 35the 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
members of the police and crime panel.

(4) 40A 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
authority—

• 45“full complement” means ten members;

Police Reform and Social Responsibility BillPage 125

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

  (a)

  the authority’s quota of members; and

  (b)

  the number of members of the panel who are members by
  5virtue 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
  paragraph 5(2)).

10Appointment 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
appoint the nominated councillor as a member of the panel.

(3) 15If 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).

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

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

(i) 25has 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) does not have power to make such a nomination and
30appointment 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) Sub-paragraph (4) or (5) applies in relation to each nomination which the
35Secretary 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
nominate another person who is a councillor of a relevant local authority to
40be 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
45is reasonably practicable) that the fair representation objective is met.

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

(a) in 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) 5in the case of a police area which covers nine or fewer local
authorities, the objective that each relevant local authority has at
least 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
10appoint one or more of its councillors as members of the panel as
mentioned in sub-paragraph (1)(b), and

(b) is 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
15is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9) A notice given under sub-paragraph (8) may be withdrawn by the Secretary
of 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
20member of the panel—

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

(b) is complying with, or has complied with, the panel arrangements
relating to that panel.

(11) 25In 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;

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

Costs of the panel

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

(2) The panel arrangements must make provision about—

(a) 35how the relevant local authorities are to meet the costs of the panel;
and

(b) insofar 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.

40Part 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) each 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) 5establish and maintain a separate police and crime panel for each
police area to which this Part of this Schedule applies, and

(b) make the panel arrangements (see paragraph 24) for each police and
crime panel established and maintained in accordance with this
paragraph.

(3) 10The Secretary of State may make different panel arrangements for different
police 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.

15Membership and status

13 (1) A 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) 20the appropriate number of members co-opted by the panel.

(2) For the purposes of sub-paragraph (1)(a), 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
25authorities).

(3) For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a) two, or

(b) if a resolution of the panel under sub-paragraph (4) is in force, the
number of co-opted members specified in that resolution.

(4) 30A police and crime panel may resolve that the panel is to have the number
of co-opted members specified in the resolution; but no such resolution may
be passed unless—

(a) that number of co-opted members is greater than two;

(b) the Secretary of State agrees that the panel should have that number
35of co-opted members; and

(c) the total membership of the panel, including that number of co-opted
members, would not exceed 20.

(5) A police and crime panel is not a committee or joint committee of any local
authority or local authorities.

40Wales: 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
reference 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
5panel, 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
10panel is less than the full complement.

(2) In 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) 15In the case of a police and crime panel for a multi-authority police area, the
Secretary of State must—

(a) decide which of the relevant local authorities to ask to make
nominations under this sub-paragraph (the “nominating
authorities”);

(b) 20decide what number of nominations under this sub-paragraph each
nominating 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) 25that the number of nominations which the nominating authority or
authorities 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) 30The “fair representation objective” referred to in sub-paragraph (4)(b) is—

(a) in 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
35authorities, the objective that each relevant local authority has at
least 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)

  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).

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
relevant local authority to nominate a councillor to be a member of a Welsh
police and crime panel.

(2) 5The 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
a member of the police and crime panel.

(4) If the authority fails to make the nomination, or the nominee does not accept
10the 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,
as if the request were made under paragraph 15); or

(b) nominate a person who is a councillor of a relevant local authority to
15be 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
panel.

(6) If the nominee does not accept the nomination, the Secretary of State must
20nominate 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
sub-paragraph (4)(b)).

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

17 25In 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
member of the panel in accordance with paragraph 18.

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

18 (1) 30This 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) The Secretary of State must nominate the appropriate number of persons
who are councillors of relevant local authorities to be members of the police
35and 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) If the nominee accepts the nomination, the Secretary of State must appoint
the nominated councillor as a member of the panel.

(5) 40If 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
sub-paragraph applies accordingly, as if the nomination were made under
sub-paragraph (2)).