Police Reform and Social Responsibility Bill

Session 2010 - 11
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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
40

63
Vacancy where acting commissioner acts for 6 months
(1)
Subsection (2) applies where—
(a)
an acting commissioner is appointed under section 62 to act for the
police and crime commissioner for a police area because the police and
crime commissioner is incapacitated, and
5
(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)
At the end of that 6 month period—
(a)
the police and crime commissioner ceases to be police and crime
10
commissioner, and
(b)
accordingly, the office of police and crime commissioner for that police
area becomes vacant.
Disqualification
64
Disqualification from election as police and crime commissioner
15
(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
the election, and
(b)
on each relevant day, the person is registered in the register of local
20
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
election, means—
(a)
the day on which the person is nominated as a candidate at the election;
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(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
nominated as a candidate for election as police and crime commissioner for any
other police area at that election.
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(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)
the person is police and crime commissioner for any other police area,
or
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(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.
65
Police and crime commissioner not to serve for more than two terms
(1)
A person is disqualified from being elected as police and crime commissioner
40
for a police area if the person has been elected as police and crime
commissioner for that area at two previous elections.
(2)
It is immaterial for the purposes of subsection (1)—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
41

(a)
whether any election is, or was, an ordinary election;
(b)
whether (and if so for how long), having been elected at a previous
election, the person acted as police and crime commissioner for the
area.
(3)
An election which has been declared void under any provision made by or
5
under this Chapter is to be disregarded for the purposes of subsection (1).
(4)
If an order under section 58 makes provision for a court to declare that a person
should have been elected in place of the person elected, it may make provision
for a person so declared to be treated for the purposes of subsection (1) as
having been elected at an election.
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(5)
Where a police area alteration order is made, any affected police area is to be
treated for the purposes of this section as a different police area from any
resulting police area.
(6)
Subsection (5) is subject to any provision made to the contrary by the police
area alteration order.
15
(7)
In this section—
“affected police area”, in relation to a police area alteration order, means
a police area—
(a)
any part of whose boundary is altered by the order, or
(b)
which is abolished by the order;
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“police area alteration order” means—
(a)
an order under section 32 of the Police Act 1996 (power to alter
police areas by order);
(b)
an order under section 10 of the Local Government and Public
Involvement in Health Act 2007 (implementation of Boundary
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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
30
area in Wales;
“resulting police area”, in relation to a police area alteration order, means
a police area—
(a)
which is created by the order, or
(b)
any part of whose boundary results from the order.
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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—
(a)
is disqualified from being a member of the House of Commons under
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section 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;
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(c)
is a special constable appointed—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
42

(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)
is a member of staff of the chief officer of police of any police force
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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)
is the Mayor of London;
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(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)
the British Transport Police Authority;
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(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—
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(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
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paragraph (b).
(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
30
(c)
in accordance with arrangements made between B’s employer and A;

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
35
accordance with regulations made by the Secretary of State.
(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
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within the meaning of the Police Act 1996 (see section
101 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.”
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Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
43

67
Disqualification from election or holding office as police and crime
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
69).
5
(2)
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
section 1(1)(a) to (c) of the House of Commons Disqualification Act
1975 (judges, civil servants, members of the armed forces), or
10
(b)
is a member of the legislature of any country or territory outside the
United Kingdom.
(3)
A person is disqualified from being elected as, or being, a police and crime
commissioner if—
(a)
the person is the subject of—
15
(i)
a debt relief restrictions order under paragraph 1 of Schedule
4ZB to the Insolvency Act 1986;
(ii)
an interim debt relief restrictions order under paragraph 5 of
that Schedule;
(iii)
a bankruptcy restrictions order under paragraph 1 of Schedule
20
4A to that Act;
(iv)
a bankruptcy restrictions interim order under paragraph 5 of
that Schedule;
(b)
a debt relief restrictions undertaking has effect in respect of the person
under paragraph 7 of Schedule 4ZB to that Act;
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(c)
the person has been convicted in the United Kingdom, the Channel
Islands, or the Isle of Man, of any imprisonable offence (whether or not
sentenced to a term of imprisonment in respect of the offence); or
(d)
the person is incapable of being elected as a member of the House of
Commons, or is required to vacate a seat in the House of Commons,
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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)
“imprisonable offence” means an offence—
(i)
for which a person who has attained the age of 18 years may be
35
sentenced to a term of imprisonment, or
(ii)
for which, in the case of such a person, the sentence is fixed by
law as life imprisonment;
(b)
a person is to be treated as having been convicted—
(i)
on the expiry of the ordinary period allowed for an appeal or
40
application in respect of the conviction, or
(ii)
if an appeal or application is made in respect of the conviction,
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
45
commissioner for a police area if the person—
(a)
is a member of staff of a relevant council, or
(b)
holds any employment in an entity which is under the control of a
relevant council within subsection (7)(a), (b), (c) or (f).

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
44

(6)
For this purpose—
“member of staff” has the same meaning as in section 66;
“relevant council”, in relation to a police area, means a council within
subsection (7) for an area which, or any part of which, lies within the
police area.
5
(7)
Those councils are—
(a)
a county council;
(b)
a county borough council;
(c)
a district council;
(d)
a parish council;
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(e)
a community council;
(f)
the Council of the Isles of Scilly.
(8)
In subsection (5)(b), the reference to an entity under the control of a relevant
council is to be construed in accordance with regulations made by the Secretary
of State.
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(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.
68
Disqualification of person holding office as police and crime commissioner
A person becomes disqualified from being a police and crime commissioner
20
upon becoming a member of—
(a)
the House of Commons;
(b)
the Scottish Parliament;
(c)
the National Assembly for Wales;
(d)
the Northern Ireland Assembly;
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(e)
the European Parliament.
69
Citizenship condition
(1)
This section applies for the purposes of section 67.
(2)
A person satisfies the citizenship condition if the person is—
(a)
a qualifying Commonwealth citizen,
30
(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
citizen if the person is a Commonwealth citizen and—
(a)
is not a person who requires leave under the Immigration Act 1971 to
35
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
remain within the meaning of that Act.
(4)
But a person who does not require leave to enter or remain in the United
40
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).

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
45

(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
Union.
70
Validity of acts
The acts of a person elected as police and crime commissioner for a police area
5
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
area,
as valid and effectual as if the person had not been so disqualified.
10
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
15
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
20
election, the office of police and crime commissioner for that area becomes
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
25
Islands or the Isle of Man, or
(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
30
under this section in respect of the office of police and crime commissioner for
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;
35
(d)
the Northern Ireland Assembly;
(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).
40
(7)
Subsection (6) does not affect any entitlement of a police and crime
commissioner to payments in respect of the period before the commissioner

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 6 — Police and crime commissioners: elections and vacancies
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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
commissioner for a police area is, or at any time since being elected has been,
5
disqualified—
(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
accordingly the office of police and crime commissioner for the area is vacant.
10
(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
grounds which subsisted when the person was elected, if an election petition
15
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—
20
(a)
section 63, or
(b)
section 71,

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
25
respondent, and
(b)
the applicant must give such security for the costs of the proceedings as
the court may direct.
(6)
The amount of the security may not exceed £5,000 or such other sum as the
Secretary of State may specify by order.
30
(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
(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
35
(b)
from sitting or voting in a committee of the House of Lords or a joint
committee of both Houses of Parliament.
(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
40
commissioner for a police area, the police area returning officer must notify the
Speaker of the House of Lords.