Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
116

(a)
ten members appointed from among the members of the
participating authority by that authority,
(b)
two members co-opted by the panel, and
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
5
      (2)
In the case of a joint panel for a police area in Wales with ten participating
authorities, the police and crime panel is to consist of—
(a)
ten members, each of whom is appointed by a different participating
authority from among the members of that participating authority,
(b)
two members co-opted by the panel, and
10
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
      (3)
In the case of a joint panel for a police area in Wales with nine or fewer
participating authorities, the police and crime panel is to consist of—
(a)
ten members appointed by the participating authorities from among
15
the members of the participating authorities,
(b)
two members co-opted by the panel, and
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
      (4)
In the case of a joint panel for a police area in Wales with eleven or more
20
participating authorities, the police and crime panel is to consist of—
(a)
the relevant number of members, each of whom is appointed by a
different participating authority from among the members of that
participating authority,
(b)
two members co-opted by the panel, and
25
(c)
one member appointed by the Welsh Ministers from among the local
elected representatives.
      (5)
In sub-paragraph (4), “relevant number”, in relation to a joint panel, means
the number that is equal to the number of participating authorities.
      (6)
The police and crime commissioner for a police area may not be a member
30
of the police and crime panel for that area.
      (7)
In this Schedule “local elected representative”, in relation to the police and
crime panel for a police area, means any of the following—
(a)
a person who is a member of the National Assembly of Wales for an
Assembly constituency which falls wholly or partly within the police
35
area;
(b)
a person who is a member of the National Assembly of Wales for an
Assembly electoral region whose area is the same as, includes part of,
or is included in, the police area;
(c)
a person who is a member of a county council or county borough
40
council whose area is the same as, or included in, the police area;
(d)
a person who is the elected mayor of the mayor and cabinet executive
(within the meaning of Part 2 of the Local Government Act 2000) of
a county council or county borough council whose area is the same
as, or included in, the police area.
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Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
117

Appointment of local authority members
5     (1)
The panel arrangements must make provision about the appointment of,
and holding of office by, the local authority members of the panel.
      (2)
The provision that may be made under this paragraph includes provision
about—
5
(a)
the term of office of members of the panel;
(b)
resignation, and removal, of members of the panel;
(c)
conditions for re-appointment of members of the panel.
      (3)
In the case of a joint panel to which paragraph 3(3) or 4(3) applies, the panel
arrangements must secure that—
10
(a)
at least one member of each participating authority is a member of
the panel, and
(b)
a member of any particular participating authority is appointed as a
member of the panel by that authority.
6
The panel arrangements must secure that, as far as is reasonably practicable,
15
the local authority members of a police and crime panel (when taken
together) represent all parts of the relevant police area.
7
The panel arrangements must secure that, as far as is reasonably practicable,
the local authority members of a police and crime panel (when taken
together) represent the political make-up of the participating authority, or of
20
all the participating authorities taken together.
Co-option of members
8     (1)
The panel arrangements must make provision about the co-option of, and
holding of office by, the two co-opted members of the police and crime
panel.
25
      (2)
The provision that may be made under this paragraph includes provision
about—
(a)
the term of office of the co-opted members;
(b)
resignation, and removal, of co-opted members;
(c)
conditions for re-appointment of co-opted members.
30
9
A person may not be a co-opted member of a police and crime panel if the
person is any of the following—
(a)
a member of the police and crime commissioner’s staff;
(b)
a member of the civilian staff of the relevant police force;
(c)
a member of a participating authority;
35
(d)
a Member of the House of Commons;
(e)
a member of the National Assembly for Wales;
(f)
a member of the Scottish Parliament;
(g)
a member of the European Parliament.
Appointment of local elected representatives in Wales
40
10    (1)
The panel arrangements for a police and crime panel in Wales must make
provision about the holding of office by the member of the panel who is the
local elected representative.

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
118

      (2)
The provision that may be made under this paragraph includes provision
about—
(a)
the term of office of the member;
(b)
resignation, and removal, of the member;
(c)
conditions for re-appointment of the member.
5
Skills etc of members
11    (1)
In co-opting members, the panel must secure that, as far as is reasonably
practicable, the members of the panel have, between them, the skills,
knowledge and experience necessary for the police and crime panel to
discharge its functions effectively.
10
      (2)
The panel arrangements must secure that, as far as is reasonably practicable,
the members of the panel have, between them, the skills, knowledge and
experience necessary for the police and crime panel to discharge its
functions effectively.
Voting by members
15
12
All members of a police and crime panel may vote in proceedings of the
panel.
Exercise of special functions
13    (1)
The special functions of a police and crime panel may only be exercised at a
meeting of the whole panel.
20
      (2)
In the case of a police and crime panel in Wales—
(a)
the function conferred by virtue of section 5A(7) of the Crime and
Disorder Act 1998 of determining whether to agree to become a party
to a combination agreement (within the meaning of that section)—
(i)
may also only be exercised at a meeting of the whole panel,
25
and
(ii)
may be exercised so as to agree to become a party to a
combination agreement only by a unanimous vote; and
(b)
the function conferred by section 7(1C) of that Act of determining
whether to consent to the issuing of a requirement for a report under
30
subsection (1A) of that section—
(i)
may also only be exercised at a meeting of the whole panel,
and
(ii)
may be exercised so as to consent to the issuing of a
requirement for a report only by a unanimous vote.
35
      (3)
Sub-paragraphs (1) and (2) are without prejudice to rules of procedure about
the quorum of a meeting of the whole panel.
      (4)
References in this paragraph to a unanimous vote, in relation to a decision
by a meeting of a police and crime panel whether to exercise of a function in
a particular way, are references to all the members of the panel who are
40
attending the meeting voting in favour of the function being exercised in
that way.
      (5)
In this paragraph “special functions” means the functions conferred on a
police and crime panel by—

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
119

(a)
section 28(2) (scrutiny of police and crime plan),
(b)
section 28(3) (scrutiny of annual report),
(c)
Schedule 5 (scrutiny of proposed precept), and
(d)
Part 1 of Schedule 8 (scrutiny of appointment of chief constables).
Functions
5
14
A police and crime panel may not exercise any functions other than those
conferred by this Act.
Rules of procedure
15    (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
10
the appointment, resignation and removal of a person to chair the panel.
      (3)
The 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.
15
      (4)
A sub-committee of a police and crime panel may not co-opt members.
      (5)
This paragraph is subject to paragraph 13.
Allowances
16
The panel arrangements may make provision about the payment of
allowances to members of the police and crime panel.
20
Promotion of, and support, for panels
17
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;
25
(c)
support and guidance to be given to—
(i)
members of participating authorities,
(ii)
members of the executives (if any) of participating
authorities, and
(iii)
officers of participating authorities,
30

in relation to the functions of the police and crime panel.
Costs of the panel
18
In the case of a joint panel, the panel arrangements must make provision
about—
(a)
how the participating authorities are to meet the costs of the panel,
35
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 participating authorities.

Police Reform and Social Responsibility Bill
Schedule 6 — Police and crime panels
120

Joint panels: making panel arrangements
19
In the case of a joint panel, all participating authorities must agree to the
making or modification of panel arrangements.
Exercise of functions by local authorities with executive arrangements
20    (1)
Functions of local authorities in relation to police and crime panels are, in the
5
case of local authorities with executive arrangements, functions that may
(but need not be) functions of the executive.
      (2)
Expressions used in this paragraph and in Part 2 of the Local Government
Act 2000 have the same meanings in this paragraph as in that Part.
Application of other legislation
10
21
The Secretary of State may, by regulations—
(a)
amend or otherwise modify any enactment applying to committees
of local authorities in its application to police and crime panels, and
(b)
provide for any enactment which applies to committees of local
authorities (but not to police and crime panels) to apply (with or
15
without modifications) to police and crime panels.
Interpretation
22    (1)
In this Schedule—
“co-opted member”, in relation to a police and crime panel, means a
person who is member of the panel by virtue of sub-paragraph (b)
20
of—
(a)
paragraph 3(1), (2), (3) or (4), or
(b)
paragraph 4(1), (2), (3) or (4);
“local authority member”, in relation to a police and crime panel,
means a person who is member of the panel by virtue of sub-
25
paragraph (a) of—
(a)
paragraph 3(1), (2), (3) or (4), or
(b)
paragraph 4(1), (2), (3) or (4);
“joint panel” means a police and crime panel established by two or
more local authorities;
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“panel arrangements”, in relation to a police and crime panel, means
the arrangements made by the participating authority, or
participating authorities, under which the panel is established;
“participating authority”, in relation to a police and crime panel, means
the local authority, or each local authority, which is covered by the
35
police area to which the panel relates;
“single-authority panel” means a police and crime panel established by
one local authority.
      (2)
Expressions used in this Schedule and in section 28 have the same meanings
in this Schedule as in that section.
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