Police Reform and Social Responsibility Bill (HL Bill 86)

(a) during any period when the chief constable is unable to exercise
functions, or

(b) at any other time, with the consent of the chief constable.

(2) For the purposes of subsection (1), the appropriate deputy chief constable is—

(a) 5if the police force has only one deputy chief constable, the deputy chief
constable;

(b) if the police force has more than one deputy chief constable, the most
senior deputy chief constable.

(3) If the police force has more than one deputy chief constable, the chief constable
10must designate the deputy chief constables in order of seniority for the
purposes of subsection (2)(b).

(4) During any absence, incapacity or suspension from duty of the person who—

(a) is designated as the most senior deputy chief constable for the purposes
of subsection (2)(b), or

(b) 15is treated under this section as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable is to be
treated as the most senior one for the purposes of subsection (2)(b).

(5) The assistant chief constable designated for this purpose by the chief constable
of the force may exercise any or all of the chief constable’s functions during any
20period when—

(a) the chief constable is unable to exercise functions, and

(b) a deputy chief constable is unable to exercise functions.

(6) The chief constable of the force must designate an assistant chief constable of
the force for the purposes of subsection (5).

(7) 25Only one person is authorised to act at any one time by virtue of a designation
by the chief constable.

(8) The chief constable must consult the relevant police and crime commissioner
before making a designation for the purposes of subsection (2)(b) or (5).

(9) This section is without prejudice to any other enactment that makes provision
30for a person other than the chief constable to exercise the chief constable’s
functions.

(10) In a case where a deputy chief constable or assistant chief constable (the “acting
chief constable”) is authorised by subsection (1)(a) or (5) to exercise or perform
functions of a chief constable—

(a) 35the powers of the police and crime commissioner under section 39(2)
and (3) are exercisable in relation to the acting chief constable as the
powers are exercisable in relation to the chief constable (and references
to chief constables in those provisions, and in other enactments relating
to those provisions, are to be read accordingly); and

(b) 40the powers under section 40(4) and (5) or section 41(4) and (5) are not
exercisable in relation to the acting chief constable.

(11) In this section—

(a) “police force” means the police force for a police area listed in Schedule
1 to the Police Act 1996 (police areas outside London);

(b) 45a reference to a period when the chief constable is unable to exercise
functions is a reference to a period when—

(i) the chief constable is absent, incapacitated or suspended from
duty, or

(ii) the office of chief constable is vacant;

(c) a reference to a period when a deputy chief constable is unable to
5exercise functions is a reference to a period when—

(i) the deputy chief constable, or each of the deputy chief
constables, is absent, incapacitated or suspended from duty, or

(ii) the office of deputy chief constable, or of each deputy chief
constable, is vacant.

10The metropolitan police force

43 Appointment of Commissioner of Police of the Metropolis

(1) The Commissioner of Police of the Metropolis is to be appointed by Her
Majesty by warrant under Her sign manual.

(2) A constable holds office as the Commissioner of Police of the Metropolis at Her
15Majesty’s pleasure.

(3) The Secretary of State may not recommend to Her Majesty that She appoint a
person as the Commissioner of Police of the Metropolis unless that person is,
or has been, a constable in any part of the United Kingdom; and, before making
such a recommendation, the Secretary of State must have regard to any
20recommendations made by the Mayor’s Office for Policing and Crime.

(4) The appointment of the Commissioner of Police of the Metropolis is subject to
regulations under section 50 of the Police Act 1996.

44 Deputy Commissioner of Police of the Metropolis

(1) The Metropolitan Police force has one Deputy Commissioner of Police of the
25Metropolis.

(2) The Deputy Commissioner of Police of the Metropolis is to be appointed by
Her Majesty by warrant under Her sign manual.

(3) A person holds office as the Deputy Commissioner of Police of the Metropolis
at Her Majesty’s pleasure.

(4) 30Before recommending to Her Majesty that She appoint a person as the Deputy
Commissioner of Police of the Metropolis, the Secretary of State must have
regard to—

(a) any recommendations made by the Commissioner of Police of the
Metropolis, and

(b) 35any representations made by the Mayor’s Office for Policing and
Crime.

(5) The appointment of the Deputy Commissioner of Police of the Metropolis is
subject to regulations under section 50 of the Police Act 1996.

45 Functions of Deputy Commissioner of Police of the Metropolis

(1) 40The Deputy Commissioner of Police of the Metropolis may exercise any or all
of the powers and duties of the Commissioner of Police of the Metropolis—

(a) during any absence, incapacity or suspension from duty of the
Commissioner,

(b) during any vacancy in the office of Commissioner, or

(c) at any other time, with the consent of the Commissioner.

(2) 5The Deputy Commissioner of Police of the Metropolis does not have power to
act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three
months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis has all the powers and
duties of an Assistant Commissioner of Police of the Metropolis.

46 10Assistant Commissioners of Police of the Metropolis

(1) The metropolitan police force must have one or more Assistant Commissioners
of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor’s Office
for Policing and Crime before appointing a person as an Assistant
15Commissioner of Police of the Metropolis.

(3) The appointment of a person as an Assistant Commissioner of Police of the
Metropolis is subject to regulations under section 50 of the Police Act 1996.

(4) An Assistant Commissioner of Police of the Metropolis may exercise any of the
powers and duties of the Commissioner of Police of the Metropolis with the
20consent of the Commissioner of Police of the Metropolis.

(5) Subsection (4) is without prejudice to regulations under section 50 of the Police
Act 1996.

47 Deputy Assistant Commissioners of Police of the Metropolis

(1) The metropolitan police force must have one or more Deputy Assistant
25Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor’s Office
for Policing and Crime before appointing a person as a Deputy Assistant
Commissioner of Police of the Metropolis.

(3) The appointment of a person as a Deputy Assistant Commissioner of Police of
30the Metropolis is subject to regulations under section 50 of the Police Act 1996.

48 Commanders

(1) The metropolitan police force must have one or more Commanders.

(2) The Commissioner of Police of the Metropolis must consult the Mayor’s Office
for Policing and Crime before appointing a person as a Commander.

(3) 35The appointment of a person as a Commander is subject to regulations under
section 50 of the Police Act 1996.

49 Suspension and removal of Commissioner and Deputy Commissioner

(1) The Mayor’s Office for Policing and Crime may, with the approval of the
Secretary of State—

(a) suspend the Commissioner of Police of the Metropolis from duty, or

(b) suspend the Deputy Commissioner of Police of the Metropolis from
duty.

(2) If the Mayor’s Office for Policing and Crime suspends the Commissioner, or
5Deputy Commissioner, from duty, that Office must notify the Secretary of State
of the suspension.

(3) The Mayor’s Office for Policing and Crime may, subject to subsections (5) and
(6), and with the approval of the Secretary of State—

(a) call upon the Commissioner of Police of the Metropolis to resign or
10retire, or

(b) call upon the Deputy Commissioner of Police of the Metropolis to
resign or retire.

(4) The Commissioner, or Deputy Commissioner, must resign or retire if called
upon to do so in accordance with subsection (3).

(5) 15Before calling upon the Commissioner, or Deputy Commissioner, to retire or
resign, the Mayor’s Office for Policing and Crime must—

(a) give the police officer a written explanation of the reasons why the
Office is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations
20about the proposal to call for the police officer’s resignation or
retirement; and

(c) consider any written representations made by the police officer.

(6) The Mayor’s Office for Policing and Crime must comply with subsection (5)
before seeking the approval of the Secretary of State to call upon the
25Commissioner, or Deputy Commissioner, to retire or resign.

(7) This section is subject to regulations under section 50 of the Police Act 1996.

(8) This section is without prejudice to—

(a) section 43(2);

(b) section 44(3); or

(c) 30regulations under the Police Pensions Act 1976.

50 Suspension and removal of other senior metropolitan police officers

(1) The Commissioner of Police of the Metropolis may suspend a senior
metropolitan police officer from duty.

(2) If the Commissioner suspends a senior metropolitan police officer from duty,
35the Commissioner must notify the Mayor’s Office for Policing and Crime of the
suspension.

(3) The Commissioner of Police of the Metropolis may, subject to subsection (5),
and after consulting the Mayor’s Office for Policing and Crime, call upon a
senior metropolitan police officer to resign or retire.

(4) 40A senior metropolitan police officer must resign or retire if called upon to do
so in accordance with subsection (3).

(5) Before calling upon a senior metropolitan police officer to retire or resign, the
Commissioner of Police of the Metropolis must—

(a) give the police officer a written explanation of the reasons why the
Commissioner is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations
about the proposal to call for the police officer’s resignation or
5retirement; and

(c) consider any written representations made by the police officer.

(6) This section is subject to regulations under section 50 of the Police Act 1996.

(7) This section is without prejudice to regulations under the Police Pensions Act
1976.

(8) 10In this section “senior metropolitan police officer” means any of the
following—

(a) an Assistant Commissioner of Police of the Metropolis;

(b) a Deputy Assistant Commissioner of Police of the Metropolis;

(c) a Commander.

CHAPTER 6 15Police and crime commissioners: elections and vacancies

Holding of elections

51 Ordinary elections

(1) An election of police and crime commissioners for all police areas (an
“ordinary election”) is to be held—

(a) 20in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of police and crime commissioners in any year
is to be held—

(a) in England, on the day which is the ordinary day of election in that year
25of councillors for counties in England and districts (see sections 37 and
37A of the Representation of the People Act 1983), and

(b) in Wales, on the day which is the ordinary day of election in that year
of councillors for counties in Wales and county boroughs (see sections
37 and 37B of that Act).

(3) 30The term of office of a person elected as a police and crime commissioner at an
ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary
election of police and crime commissioners.

(4) 35Subsection (3) is subject to any provision of or made under this or any other Act
relating to the appointment or election of police and crime commissioners or
their ceasing to hold office.

52 Election to fill vacancy in office of commissioner

(1) This section applies where a vacancy occurs in the office of police and crime
40commissioner for a police area.

(2) An election must be held to fill the vacancy.

(3) The police area returning officer must fix the date of the poll at the election.

(4) The date fixed must be not more than 35 days after the relevant event
(computed in accordance with section 74).

(5) 5For the purposes of subsection (4), “the relevant event” means—

(a) in a case where the High Court or the appropriate officer has declared
the office to be vacant, the making of that declaration;

(b) in any other case, the giving of notice of the vacancy to the appropriate
officer by two or more relevant electors.

(6) 10For this purpose “relevant elector” means a person who is registered in a
register of local government electors in respect of an address within the police
area.

(7) If the vacancy occurs within the period of six months ending with the day of
the poll at the next ordinary election of police and crime commissioners—

(a) 15no election is to be held under subsection (2) in respect of the vacancy,
and

(b) accordingly, the office is to be left unfilled until that ordinary election.

(8) The term of office of a person elected as a police and crime commissioner for a
police area at an election to fill a vacancy in the office—

(a) 20begins immediately the person is declared to be elected as police and
crime commissioner for the area;

(b) ends at the time when it would have ended had the person been elected
at the most recent ordinary election of police and crime commissioners.

(9) In the case of a vacancy occurring in consequence of the failure of, or other
25irregularity in relation to, an election, subsections (3) and (4) have effect subject
to any provision made by an order under section 59.

53 Persons entitled to vote

(1) A person is entitled to vote as an elector at an election of a police and crime
commissioner for a police area if on the date of the poll—

(a) 30the person would be entitled to vote as an elector at a local government
election in an electoral area wholly or partly comprised in the police
area, and

(b) the address in respect of which the person is registered in the register
of local government electors for that electoral area is within the police
35area.

(2) A person is not entitled to vote as an elector more than once in the same police
area at any election of a police and crime commissioner.

54 Public awareness about elections: role of Electoral Commission

The Electoral Commission must, in relation to—

(a) 40each ordinary election of police and crime commissioners under section
51,

(b) each election to fill a vacancy in the office of police and crime
commissioner for a police area under section 52,

take such steps as it considers appropriate to raise public awareness about the
election and how to vote in it.

Conduct of elections

55 Returning officers etc

(1) 5The returning officer for an election of a police and crime commissioner for a
police area (“the police area returning officer”) is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the
Representation of the People Act 1983 (acting returning officer for
parliamentary election) for a constituency falling wholly or partly
10within the police area, and

(b) is designated for the purposes of this subsection by order of the
Secretary of State.

(2) The Secretary of State may by regulations confer functions—

(a) on police area returning officers, and

(b) 15on local returning officers.

(3) Regulations under subsection (2) may apply or incorporate, with or without
modifications or exceptions, any relevant provision.

(4) Each relevant local authority must place the services of its officers at the
disposal of any person on whom functions are conferred under subsection (2)
20in relation to the police area for the purpose of assisting that person in the
discharge of those functions.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  25a county council in England for a county in which there are no
  district councils,

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “local election” means an election of members of a local authority;

• 30“local returning officer” means a person who, by virtue of section 35 of the
  Representation of the People Act 1983, is a returning officer for any
  local elections;

• “relevant local authority”, in relation to a police area, means a local
  authority whose area falls wholly or partly within the police area;

• 35“relevant provision” means any provision (whenever passed or made) of,
  or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  40the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections,
  European Parliamentary elections or local government
  45elections.

56 Returning officers: expenditure

(1) A returning officer may recover charges in respect of services rendered, or
expenses incurred, by the officer for or in connection with an election of a
police and crime commissioner if—

(a) 5the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
election, and

(b) the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined in
10accordance with, an order made by the Secretary of State, with the
consent of the Treasury, for the purposes of this subsection.

(2) An order under subsection (1) may specify, or make provision for determining
in accordance with the order, a maximum recoverable amount for services or
expenses of any specified description.

(3) 15Subject to subsection (4), the returning officer may not recover more than the
specified maximum recoverable amount in respect of any specified services or
expenses.

(4) In a particular case the Secretary of State may authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) 20more than the specified maximum recoverable amount for any
specified services or expenses,

if the Secretary of State is satisfied that the conditions in subsection (5) are met.

(5) Those conditions are—

(a) that it was reasonable for the returning officer concerned to render the
25services or incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this section is to be
paid by the Secretary of State on an account being submitted to the Secretary
of State.

(7) 30But the Secretary of State may, before payment, apply for the account to be
taxed under section 57.

(8) Where the superannuation contributions required to be paid by a local
authority in respect of any person are increased by any fee paid under this
section as part of a returning officer’s charges at an election of a police and
35crime commissioner, then on an account being submitted to the Secretary of
State a sum equal to the increase must be paid to the authority by the Secretary
of State.

(9) On the request of a returning officer for an advance on account of the officer’s
charges, the Secretary of State may make such an advance on such terms as the
40Secretary of State thinks fit.

(10) The Secretary of State may by regulations make provision as to—

(a) the time when, and

(b) the manner and form in which,

accounts are to be rendered to the Secretary of State for the purposes of the
45payment of a returning officer’s charges.

(11) Any sums required by the Secretary of State for making payments under this
section are to be charged on, and paid out of, the Consolidated Fund.

(12) In this section—

• “local authority” has the same meaning as in section 55;

• 5“local returning officer” has the same meaning as in that section;

• “returning officer” means—

  (a)

  a police area returning officer, or

  (b)

  a local returning officer on whom functions are conferred under
  subsection (2) of that section;

• 10“specified” means specified in, or determined in accordance with, an
  order under subsection (1).

57 Taxation of returning officer’s account

(1) Any application under section 56(7) for a returning officer’s account to be
taxed is to be made to the county court.

(2) 15On any such application the court has jurisdiction—

(a) to tax the account—

(i) in such manner, and

(ii) at such time and place,

as the court thinks fit, and

(b) 20finally to determine the amount payable to the returning officer.

(3) On any such application the returning officer may apply to the court to
examine any claim made by any person against the officer in respect of matters
charged in the account.

(4) Where an application is made in respect of a claim under subsection (3)—

(a) 25notice of the application must be given to the claimant;

(b) the court must give the claimant an opportunity to be heard and to
tender any evidence;

(c) the court may allow or disallow the claim, with or without costs;

(d) the determination of the court is final for all purposes and as against all
30persons.

(5) In this section “returning officer” has the same meaning as in section 56.

58 Voting at elections of police and crime commissioners

(1) This section applies to any election under this Chapter of a police and crime
commissioner for a police area.

(2) 35The commissioner is to be returned under the simple majority system, unless
there are three or more candidates.

(3) If there are three or more candidates—

(a) the commissioner is to be returned under the supplementary vote
system, and

(b) 40any vote in the election is a supplementary vote.

(4) Schedule 9 (the supplementary vote system) has effect.

(5) In subsection (3), “supplementary vote” means a vote capable of being given to
indicate first and second preferences from among the candidates.

59 Power to make provision about elections etc

(1) The Secretary of State may by order make provision as to—

(a) 5the conduct of elections of persons to be police and crime
commissioners;

(b) the questioning of such an election and the consequences of
irregularities.

(2) The provision which may be made under subsection (1)(a) includes, in
10particular, provision—

(a) about registration of electors;

(b) for disregarding alterations in a register of electors;

(c) about the registration of political parties in connection with elections of
police and crime commissioners;

(d) 15about the limitation of the election expenses of candidates;

(e) about funding and expenditure of candidates and political parties in
relation to elections of police and crime commissioners;

(f) for the combination of polls at elections of police and crime
commissioners and other polls;

(g) 20for any election held in consequence of any irregularity at an ordinary
election to be treated as held at an ordinary election for any of the
purposes of this Act.

(3) An order under subsection (1) may—

(a) apply or incorporate, with or without modifications or exceptions, any
25relevant provision;

(b) modify any form contained in any relevant provision so far as may be
necessary to enable it to be used both for the original purpose and in
relation to elections for police and crime commissioners;

(c) include provision creating criminal offences.

(4) 30The Secretary of State may by order make modifications of any relevant
provision that are consequential on any provision of—

(a) section 1(4),

(b) this Chapter,

(c) an order under subsection (1), or

(d) 35regulations under section 55.

(5) Provision that may be made under subsection (4) includes, in particular
provision modifying any relevant provision so as to apply (with or without
modifications)—

(a) in relation to elections for police and crime commissioners as it applies
40in relation to other elections;

(b) in relation to police and crime commissioners as it applies in relation to
persons elected at other elections.

(6) In this section—

• “relevant provision” means any provision (whenever passed or made) of,
  45or made under, any of the following—

  (a)

  the Representation of the People Acts,

  Police Reform and Social Responsibility BillPage 40

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  5the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections,
  European Parliamentary elections or local government
  elections;

• “modify” includes amend, repeal or revoke (and related terms are to be
  10read accordingly).

Vacancy in office of police and crime commissioner

60 Date of vacancy in office of commissioner

(1) For the purposes of this Chapter, a vacancy in the office of police and crime
commissioner for a police area is to be regarded as occurring—

(a) 15in the case of a vacancy in consequence of the failure of, or other
irregularity in relation to, an election, at the time specified in an order
under section 59;

(b) in the case of resignation, on receipt of the notice of resignation by the
appropriate officer;

(c) 20in the case of death, on the date of death;

(d) in any case within subsection (2), on the date on which the office of
police and crime commissioner for the police area is declared to have
been vacated by the High Court or by the appropriate officer, as the
case may be.

(2) 25The cases referred to in subsection (1)(d) are—

(a) where the person elected as police and crime commissioner fails to
make and deliver a declaration of acceptance of office in accordance
with section 71;

(b) where a vacancy arises under section 64 (incapacity of commissioner:
30acting commissioner acting for 6 months);

(c) where a person becomes disqualified—

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police
area.

(3) 35The appropriate officer must give public notice of a vacancy in the office of
police and crime commissioner for a police area.

(4) The appropriate officer must give notice of a vacancy in the office of police and
crime commissioner for a police area to the police area returning officer.

(5) Any notice under subsection (3) or (4) must be given as soon as practicable after
40the date on which the vacancy is to be regarded under this section as occurring.

61 Declaration of vacancy in certain cases

(1) Subsection (2) applies where—

(a) a police and crime commissioner for a police area becomes disqualified
(whether by virtue of this or any other Act)—

(i) from being a police and crime commissioner, or

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

(b) the person elected as police and crime commissioner for a police area
5fails to make and deliver a declaration of acceptance of office in
accordance with section 71, or

(c) a vacancy arises under section 64 (incapacity of commissioner: acting
commissioner acting for 6 months).

(2) The appropriate officer must forthwith declare the office of police and crime
10commissioner for that police area to be vacant, unless—

(a) it has been declared vacant by the High Court, or

(b) an application has been made to the High Court for a declaration under
section 72 and the grounds in issue include any ground on which the
appropriate officer would (but for this paragraph) make the
15declaration.

62 Resignation of commissioner

(1) A police and crime commissioner may at any time resign office by giving notice
to the appropriate officer.

(2) Any such resignation takes effect on the officer’s receipt of the notice.

20Vacancy or incapacity

63 Appointment of acting commissioner

(1) The police and crime panel for a police area must appoint a person to act as
police and crime commissioner for that area (the “acting commissioner”) if—

(a) no person holds the office of police and crime commissioner for that
25area,

(b) the police and crime commissioner for that area is incapacitated, or

(c) the police and crime commissioner for that area is suspended in
accordance with section 31.

(2) The police and crime panel may appoint a person as acting commissioner only
30if the person is a member of the police and crime commissioner’s staff at the
time of the appointment.

(3) In appointing a person as acting commissioner in a case where the police and
crime commissioner is incapacitated, the police and crime panel must have
regard to any representations made by the commissioner in relation to the
35appointment.

(4) All the functions of a police and crime commissioner are exercisable by an
acting commissioner, apart from issuing or varying a police and crime plan
under section 6.

(5) Any property or rights vested in the police and crime commissioner may be
40dealt with by the acting commissioner as if vested in the acting commissioner.

(6) The appointment of an acting commissioner ceases to have effect upon the
occurrence of the earliest of these events—

(a) the election of a person as police and crime commissioner;

(b) the termination by the police and crime panel, or by the acting
commissioner, of the appointment of the acting commissioner;

(c) in a case where the acting commissioner is appointed because the police
and crime commissioner is incapacitated, the commissioner ceasing to
5be incapacitated;

(d) in a case where the acting commissioner is appointed because the police
and crime commissioner is suspended, the commissioner ceasing to be
suspended.

(7) In a case where—

(a) 10the acting commissioner is appointed because the police and crime
commissioner is incapacitated or suspended, and

(b) a vacancy subsequently occurs in the office of police and crime
commissioner,

the occurrence of that vacancy does not affect the appointment of the acting
15commissioner (and accordingly subsection (6)(c) or (d) does not apply).

(8) For the purposes of this section—

(a) a police and crime commissioner is incapacitated if the commissioner is
unable to exercise the functions of commissioner, except where the
commissioner is unable to exercise those functions only because the
20commissioner has yet to give a declaration of office under section 71;
and

(b) it is for the police and crime panel for a police area to determine
whether or not the police and crime commissioner for that area is
incapacitated.

(9) 25Subject to subsection (4), a reference in any enactment to a police and crime
commissioner includes a reference to an acting commissioner.

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
30police and crime commissioner for a police area because the police and
crime 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) 35At the end of that 6 month period—

(a) the 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.

40Disqualification

65 Disqualification 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
45the election, and

(b) on 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
5election, means—

(a) the 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
10nominated as a candidate for election as police and crime commissioner for any
other 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) 15the person is police and crime commissioner for any other police area,
or

(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 20Disqualification 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) is disqualified from being a member of the House of Commons under
25section 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) the Civil Nuclear Constabulary;

(c) 30is a special constable appointed—

(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) 35is 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) 40is 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) 45the 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) holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) 5any 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) the chief officer of police for any police force mentioned in
paragraph (b).

(2) 10In 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) under a contract for services, or

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

15and 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
policing 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) 20In 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) any member, or member of staff, of a police authority
within the meaning of the Police Act 1996 (see section
25101 of that Act);”, and

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

“(i) a police authority within the meaning of the
Police Act 1996.”

67 Disqualification from election or holding office as police and crime
30commissioner: other grounds