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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.

45

 
 

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;

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(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;

30

“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

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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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