Police Reform and Social Responsibility Bill

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
33

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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)
the 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
5
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
area.
(2)
A person is not entitled to vote as an elector more than once in the same police
10
area at any election of a police and crime commissioner.
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Public awareness about elections: role of Electoral Commission
The Electoral Commission must, in relation to—
(a)
each ordinary election of police and crime commissioners under section
50,
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(b)
each election to fill a vacancy in the office of police and crime
commissioner for a police area under section 51,
take such steps as it considers appropriate to raise public awareness about the
election and how to vote in it.
Conduct of elections
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54
Returning officers etc
(1)
The 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
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parliamentary election) for a constituency falling wholly or partly
within 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—
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(a)
on police area returning officers, and
(b)
on 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
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disposal of any person on whom functions are conferred under subsection (2)
in 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—
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(a)
a district council,
(b)
a county council in England for a county in which there are no
district councils,

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
34

(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;
“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
5
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;
“relevant provision” means any provision (whenever passed or made) of,
or made under, any of the following—
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(a)
the Representation of the People Acts,
(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,
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(f)
the Government of Wales Act 2006, and
(g)
any other enactment relating to parliamentary elections,
European Parliamentary elections or local government
elections.
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Returning officers: expenditure
20
(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)
the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
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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
accordance with, an order made by the Secretary of State, with the
consent of the Treasury, for the purposes of this subsection.
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(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)
Subject to subsection (4), the returning officer may not recover more than the
specified maximum recoverable amount in respect of any specified services or
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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)
more than the specified maximum recoverable amount for any
specified services or expenses,
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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
services or incur the expenses, and
(b)
that the charges in question are reasonable.
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
35

(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)
But the Secretary of State may, before payment, apply for the account to be
taxed under section 56.
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(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
crime 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
10
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
Secretary of State thinks fit.
(10)
The Secretary of State may by regulations make provision as to—
15
(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
payment of a returning officer’s charges.
(11)
Any sums required by the Secretary of State for making payments under this
20
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 54;
“local returning officer” has the same meaning as in that section;
“returning officer” means—
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(a)
a police area returning officer, or
(b)
a local returning officer on whom functions are conferred under
subsection (2) of that section;
“specified” means specified in, or determined in accordance with, an
order under subsection (1).
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Taxation of returning officer’s account
(1)
Any application under section 55(7) for a returning officer’s account to be
taxed is to be made to the county court.
(2)
On any such application the court has jurisdiction—
(a)
to tax the account—
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(i)
in such manner, and
(ii)
at such time and place,

as the court thinks fit, and
(b)
finally to determine the amount payable to the returning officer.
(3)
On any such application the returning officer may apply to the court to
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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)
notice of the application must be given to the claimant;

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
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(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
persons.
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(5)
In this section “returning officer” has the same meaning as in section 55.
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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)
The commissioner is to be returned under the simple majority system, unless
10
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)
any vote in the election is a supplementary vote.
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(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.
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Power to make provision about elections etc
(1)
The Secretary of State may by order make provision as to—
20
(a)
the 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
25
particular, 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;
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(d)
about 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;
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(g)
for 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
40
relevant 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;

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
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(c)
include provision creating criminal offences.
(4)
The 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,
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(c)
an order under subsection (1), or
(d)
regulations under section 54.
(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)—
10
(a)
in relation to elections for police and crime commissioners as it applies
in 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—
15
“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,
20
(d)
the 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
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elections;
“modify” includes amend, repeal or revoke (and related terms are to be
read accordingly).
Vacancy in office of police and crime commissioner
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Date of vacancy in office of commissioner
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(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)
in 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 58;
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(b)
in the case of resignation, on receipt of the notice of resignation by the
appropriate officer;
(c)
in 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
40
been vacated by the High Court or by the appropriate officer, as the
case may be.
(2)
The cases referred to in subsection (1)(d) are—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
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(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 63 (incapacity of commissioner:
acting commissioner acting for 6 months);
5
(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)
The appropriate officer must give public notice of a vacancy in the office of
10
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
the date on which the vacancy is to be regarded under this section as occurring.
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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
20
(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
fails to make and deliver a declaration of acceptance of office in
accordance with section 71, or
25
(c)
a vacancy arises under section 63 (incapacity of commissioner: acting
commissioner acting for 6 months).
(2)
The appropriate officer must forthwith declare the office of police and crime
commissioner for that police area to be vacant, unless—
(a)
it has been declared vacant by the High Court, or
30
(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
declaration.
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Resignation of commissioner
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(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.
Vacancy or incapacity
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Appointment of acting commissioner
40
(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—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
39

(a)
no person holds the office of police and crime commissioner for that
area,
(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 30.
5
(2)
The police and crime panel may appoint a person as acting commissioner only
if 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
10
regard to any representations made by the commissioner in relation to the
appointment.
(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 5.
15
(5)
Any property or rights vested in the police and crime commissioner may be
dealt 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;
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(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
be incapacitated;
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(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)
the acting commissioner is appointed because the police and crime
30
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
commissioner (and accordingly subsection (6)(c) or (d) does not apply).
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(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
commissioner has yet to give a declaration of office under section 71;
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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)
Subject to subsection (4), a reference in any enactment to a police and crime
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commissioner includes a reference to an acting commissioner.