|
| |
|
(b) | which is abolished by the order; |
| |
“police area alteration order” means— |
| |
(a) | an order under section 32 of the Police Act 1996 (power to alter |
| |
| |
(b) | an order under section 10 of the Local Government and Public |
| 5 |
Involvement in Health Act 2007 (implementation of Boundary |
| |
Committee for England review of local government areas) |
| |
which alters the boundary of any police area in England; |
| |
(c) | an order under section 58 of the Local Government Act 1972 |
| |
(implementation of proposals by Local Government Boundary |
| 10 |
Commission for Wales) which alters the boundary of any police |
| |
| |
“resulting police area”, in relation to a police area alteration order, means |
| |
| |
(a) | which is created by the order, or |
| 15 |
(b) | any part of whose boundary results from the order. |
| |
66 | Disqualification from election or holding office as police and crime |
| |
commissioner: police grounds |
| |
(1) | A person is dis qualified from being elected as, or being, a police and crime |
| |
commissioner if the person— |
| 20 |
(a) | is disqualified from being a member of the House of Commons under |
| |
section 1(1)(d) of the House of Commons Disqualification Act 1975 |
| |
(members of police forces for police areas in the United Kingdom); |
| |
| |
(i) | the British Transport Police Force; |
| 25 |
(ii) | the Civil Nuclear Constabulary; |
| |
(c) | is 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 |
| 30 |
(British Transport Police Force); |
| |
(d) | is 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; |
| 35 |
(ii) | the Mayor’s Office for Policing and Crime; |
| |
(f) | is 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), |
| 40 |
| |
(i) | the British Transport Police Authority; |
| |
(ii) | the Civil Nuclear Police Authority; |
| |
(iii) | the Independent Police Complaints Commission; |
| |
(iv) | the Serious Organised Crime Agency; |
| 45 |
(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) | any 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 |
| |
| 5 |
(2) | In 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; |
| 10 |
| and 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. |
| 15 |
(4) | In 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 |
| 20 |
| |
(b) | for paragraph (i)(i) of that subsection there were substituted— |
| |
“(i) | a police authority within the meaning of the |
| |
| |
67 | Disqualification from election or holding office as police and crime |
| 25 |
commissioner: other grounds |
| |
(1) | A person is disqualified from being elected as, or being, a police and crime |
| |
commissioner unless the person satisfies the citizenship condition (see section |
| |
| |
(2) | A person is disqualified from being elected as, or being, a police and crime |
| 30 |
commissioner if the person— |
| |
(a) | is disqualified from being a member of the House of Commons under |
| |
section 1(1)(a) to (c) of the House of Commons Disqualification Act |
| |
1975 (judges, civil servants, members of the armed forces), or |
| |
(b) | is a member of the legislature of any country or territory outside the |
| 35 |
| |
(3) | A person is disqualified from being elected as, or being, a police and crime |
| |
| |
(a) | the person is the subject of— |
| |
(i) | a debt relief restrictions order under paragraph 1 of Schedule |
| 40 |
4ZB to the Insolvency Act 1986; |
| |
(ii) | an interim debt relief restrictions order under paragraph 5 of |
| |
| |
(iii) | a bankruptcy restrictions order under paragraph 1 of Schedule |
| |
| 45 |
(iv) | a bankruptcy restrictions interim order under paragraph 5 of |
| |
| |
|
| |
|
| |
|
(b) | a debt relief restrictions undertaking has effect in respect of the person |
| |
under paragraph 7 of Schedule 4ZB to that Act; |
| |
| |
(i) | within the previous 5 years, been convicted in the United |
| |
Kingdom, the Channel Islands or the Isle of Man, of any offence, |
| 5 |
| |
(ii) | been sentenced in respect of the conviction to a term of |
| |
imprisonment of 3 months or longer without the option of a |
| |
| |
(d) | the person is incapable of being elected as a member of the House of |
| 10 |
Commons, or is required to vacate a seat in the House of Commons, |
| |
under Part 3 of the Representation of the People Act 1983 |
| |
(consequences of corrupt or illegal practices). |
| |
(4) | For the purpose of subsection (3)(c)— |
| |
(a) | the reference to a sentence of imprisonment includes a reference to a |
| 15 |
| |
(b) | a person is to be treated as having been convicted— |
| |
(i) | on the expiry of the ordinary period allowed for an appeal or |
| |
application in respect of the conviction, or |
| |
(ii) | if an appeal or application is made in respect of the conviction, |
| 20 |
when the appeal or application is finally disposed of or |
| |
abandoned or fails by reason of non-prosecution. |
| |
(5) | A person is disqualified from being elected as, or being, police and crime |
| |
commissioner for a police area if the person— |
| |
(a) | is a member of staff of a relevant council, or |
| 25 |
(b) | holds any employment in an entity which is under the control of a |
| |
relevant council within subsection (7)(a), (b), (c) or (f). |
| |
| |
“member of staff” has the same meaning as in section 66; |
| |
“relevant council”, in relation to a police area, means a council within |
| 30 |
subsection (7) for an area which, or any part of which, lies within the |
| |
| |
| |
| |
(b) | a county borough council; |
| 35 |
| |
| |
| |
(f) | the Council of the Isles of Scilly. |
| |
(8) | In subsection (5)(b), the reference to an entity under the control of a relevant |
| 40 |
council is to be construed in accordance with regulations made by the Secretary |
| |
| |
(9) | Nothing in subsection (5) is to be taken to disqualify a person by virtue of being |
| |
a teacher, or otherwise employed, in a school or other educational institution |
| |
maintained or assisted by a relevant council. |
| 45 |
|
| |
|
| |
|
68 | Disqualification of person holding office as police and crime commissioner |
| |
A person becomes disqualified from being a police and crime commissioner |
| |
upon becoming a member of— |
| |
(a) | the House of Commons; |
| |
(b) | the Scottish Parliament; |
| 5 |
(c) | the National Assembly for Wales; |
| |
(d) | the Northern Ireland Assembly; |
| |
(e) | the European Parliament. |
| |
| |
(1) | This section applies for the purposes of section 67. |
| 10 |
(2) | A person satisfies the citizenship condition if the person is— |
| |
(a) | a qualifying Commonwealth citizen, |
| |
(b) | a citizen of the Republic of Ireland, or |
| |
(c) | a citizen of the Union. |
| |
(3) | For the purposes of this section, a person is a qualifying Commonwealth |
| 15 |
citizen if the person is a Commonwealth citizen and— |
| |
(a) | is not a person who requires leave under the Immigration Act 1971 to |
| |
enter or remain in the United Kingdom, or |
| |
(b) | is a person who requires such leave but for the time being has (or is, by |
| |
virtue of any enactment, to be treated as having) indefinite leave to |
| 20 |
remain within the meaning of that Act. |
| |
(4) | But a person who does not require leave to enter or remain in the United |
| |
Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to |
| |
requirement for leave in special cases) is not a qualifying Commonwealth |
| |
citizen by virtue of subsection (3)(a). |
| 25 |
(5) | In this section the expression “citizen of the Union” is to be construed in |
| |
accordance with Article 20(1) of the Treaty on the Functioning of the European |
| |
| |
| |
The acts of a person elected as police and crime commissioner for a police area |
| 30 |
under this Chapter who acts in that office are, despite any disqualification— |
| |
(a) | from being, or being elected as, a police and crime commissioner, or |
| |
(b) | from being, or being elected as police and crime commissioner for that |
| |
| |
as valid and effectual as if the person had not been so disqualified. |
| 35 |
Elections: further provision |
| |
71 | Declaration of acceptance of office of police and crime commissioner |
| |
(1) | A person elected to the office of police and crime commissioner for any police |
| |
area may not act in that office unless the person has— |
| |
(a) | made a declaration of acceptance of the office in a form specified in an |
| 40 |
order made by the Secretary of State, and |
| |
|
| |
|
| |
|
(b) | delivered the declaration to the appropriate officer, |
| |
| in each case, when not ineligible by virtue of subsection (5). |
| |
(2) | If the person fails to make and deliver a declaration in accordance with |
| |
subsection (1) within the period of two months beginning with the day after the |
| |
election, the office of police and crime commissioner for that area becomes |
| 5 |
vacant at the end of the period. |
| |
(3) | Any declaration made under this section must be made before— |
| |
(a) | the appropriate officer; |
| |
(b) | a justice of the peace or magistrate in the United Kingdom, the Channel |
| |
Islands or the Isle of Man, or |
| 10 |
(c) | a commissioner appointed to administer oaths in the Senior Courts. |
| |
(4) | Any person before whom a declaration is authorised to be made under this |
| |
section may take the declaration. |
| |
(5) | A person is ineligible to make or give a declaration of acceptance of office |
| |
under this section in respect of the office of police and crime commissioner for |
| 15 |
a police area at any time when the person is a member of— |
| |
(a) | the House of Commons; |
| |
(b) | the Scottish Parliament; |
| |
(c) | the National Assembly for Wales; |
| |
(d) | the Northern Ireland Assembly; |
| 20 |
(e) | the European Parliament. |
| |
(6) | No salary, and no payment towards the provision of superannuation benefits, |
| |
is to be paid under this Act to or in respect of a police and crime commissioner |
| |
until the commissioner has complied with the requirements of subsection (1). |
| |
(7) | Subsection (6) does not affect any entitlement of a police and crime |
| 25 |
commissioner to payments in respect of the period before the commissioner |
| |
complies with the requirements of subsection (1) once the commissioner has |
| |
complied with those requirements. |
| |
72 | Judicial proceedings as to disqualification or vacancy |
| |
(1) | Any person who claims that a person purporting to be a police and crime |
| 30 |
commissioner for a police area is, or at any time since being elected has been, |
| |
| |
(a) | from being a police and crime commissioner; or |
| |
(b) | from being police and crime commissioner for the police area, |
| |
| may apply to the High Court for a declaration to that effect, and that |
| 35 |
accordingly the office of police and crime commissioner for the area is vacant. |
| |
(2) | An application under subsection (1) in respect of any person may be made |
| |
whether the grounds on which it is made are alleged to have subsisted at the |
| |
time when the person was elected or to have arisen subsequently. |
| |
(3) | No declaration may be made under this section in respect of any person on |
| 40 |
grounds which subsisted when the person was elected, if an election petition |
| |
under an order under section 58 is pending or has been tried in which the |
| |
person’s disqualification on those grounds is or was in issue. |
| |
|
| |
|
| |
|
(4) | Any person who claims that a person purporting to be a police and crime |
| |
commissioner for a police area has ceased to be the police and crime |
| |
commissioner for the police area by virtue of— |
| |
| |
| 5 |
| may apply to the High Court for a declaration to that effect. |
| |
(5) | On an application under this section— |
| |
(a) | the person in respect of whom the application is made is to be the |
| |
| |
(b) | the applicant must give such security for the costs of the proceedings as |
| 10 |
| |
(6) | The amount of the security may not exceed £5,000 or such other sum as the |
| |
Secretary of State may specify by order. |
| |
(7) | The decision of the court on an application under this section is final. |
| |
73 | Police and crime commissioners not to sit or vote in House of Lords |
| 15 |
(1) | A person elected as a police and crime commissioner is disqualified while |
| |
holding office as a police and crime commissioner— |
| |
(a) | from sitting or voting in the House of Lords, and |
| |
(b) | from sitting or voting in a committee of the House of Lords or a joint |
| |
committee of both Houses of Parliament. |
| 20 |
(2) | No writ of summons is to be issued to a member of the House of Lords while |
| |
disqualified under this section. |
| |
(3) | Where a member of the House of Lords is elected as a police and crime |
| |
commissioner for a police area, the police area returning officer must notify the |
| |
Speaker of the House of Lords. |
| 25 |
(4) | In this section references to a member of the House of Lords are references to a |
| |
person who is or, but for this section, would be entitled to receive writs of |
| |
summons to attend that House. |
| |
74 | Amendment of police areas: term of office of commissioner |
| |
(1) | Subsection (2) applies where a person becomes police and crime commissioner |
| 30 |
for a resulting police area by virtue of, or of an election required to be held by, |
| |
a police area alteration order. |
| |
(2) | The person’s term of office as police and crime commissioner ends at the time |
| |
when it would end had the person been elected as police and crime |
| |
commissioner at the previous ordinary election of commissioners in England |
| 35 |
or, as the case may be, Wales. |
| |
| |
“police area alteration order” means— |
| |
(a) | an order under section 32 of the Police Act 1996 (power to alter |
| |
| 40 |
(b) | an order under section 10 of the Local Government and Public |
| |
Involvement in Health Act 2007 (implementation of Boundary |
| |
Committee for England review of local government areas) |
| |
which alters the boundary of any police area in England; |
| |
|
| |
|
| |
|
(c) | an order under section 58 of the Local Government Act 1972 |
| |
(implementation of proposals by Local Government Boundary |
| |
Commission for Wales) which alters the boundary of any police |
| |
| |
“resulting police area”, in relation to a police area alteration order, means |
| 5 |
a police area existing immediately after the order comes into force— |
| |
(a) | which is created by the order, or |
| |
(b) | any part of whose boundary results from the order. |
| |
(4) | References in this section to the coming into force of a police area alteration |
| |
order are references to the changes in police areas made by the order taking |
| 10 |
| |
75 | Computation of time and timing of elections etc |
| |
(1) | Subsection (2) applies where the day, or the last day, on which anything is |
| |
required or permitted to be done by or under section 50, 51 or 71 is not a |
| |
| 15 |
(2) | The requirement or permission is deemed to relate instead to the first business |
| |
| |
(3) | Where under subsection (2) the day of an election is postponed, the day to |
| |
which it is postponed is to be treated, for the purpose of any relevant provision, |
| |
| 20 |
(4) | Any day which is not a business day is to be disregarded in computing any |
| |
period of time for the purpose of section 51. |
| |
| |
“business day” means a day other than— |
| |
| 25 |
| |
| |
| |
| |
| 30 |
| a day appointed for public thanksgiving or mourning; |
| |
“relevant provision” means any provision of or made under this Act or |
| |
any of the election enactments (within the meaning of section 58). |
| |
76 | Elections: consequential amendments |
| |
Schedule 10 (consequential amendments relating to elections of persons as |
| 35 |
police and crime commissioners) has effect. |
| |
77 | The appropriate officer |
| |
(1) | For each police area, other than the metropolitan police district, the Secretary |
| |
of State must by order designate a local authority. |
| |
(2) | In this Chapter, the “appropriate officer”, in relation to any such police area, |
| 40 |
means the head of paid service of the local authority designated for that police |
| |
| |
|
| |
|