Session 2010 - 11
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Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(2)	For the purposes of sub-paragraph (1), the “relevant number” is—

(a)	ten (if the police area covers ten or fewer local authorities); or

(b)	the number that is equal to the number of local authorities which the

police area covers (if the police area covers eleven or more local

authorities).

(3)	A police and crime panel is—

(a)	a committee of the relevant local authority (if it is the panel for a

single-authority police area), or

(b)	a joint committee of the relevant local authorities (if it is the panel for

a multi-authority police area).

(4)	A police and crime panel may not exercise any functions other than those

conferred by this Act.

Persons properly appointed as members of panels

5    (1)

In this Part of this Schedule, a reference to a person properly appointed as a

member of a police and crime panel is a reference to—

(a)	a person nominated by a relevant local authority to be a member of the

panel, and appointed by the authority as a member of the panel, in

accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs

8 and 9, or

(b)	a person nominated by the Secretary of State to be a member of the

panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 10.

(2)	In the case of the police and crime panel for a multi-authority police area which

covers nine or fewer local authorities, the panel arrangements must make

provision as to the relevant local authority or authorities who are to have power

to appoint the extra members of the panel (see paragraph 8(3)(b)).

(3)	For that purpose “extra members” means the number of members of the panel

produced by this calculation—

where L is the number of local authorities which the police area covers.

Single-authority police area: nomination by local authority

6    (1)

This paragraph applies in relation to the police and crime panel for a single-

authority police area.

(2)	If the number of appointed members of the police and crime panel is less than

the full complement, the relevant local authority may nominate the appropriate

number of its councillors to be members of the police and crime panel.

(3)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(a)	the full complement; and

(b)	the number of appointed members of the panel;

“full complement” means ten members.

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

Police area covering ten or more local authorities: nomination by local authority

7    (1)

This paragraph applies in relation to the police and crime panel for a police

area which covers ten or more local authorities.

(2)	In a case where—

(a)	the number of appointed members of the police and crime panel is less

than the full complement, and

(b)	there is no member of the panel who was appointed by a particular

relevant local authority,

the authority may nominate one of its councillors to be a member of the police

and crime panel.

(3)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4)	In this paragraph, “full complement” means the number of appointed members

which the panel is to have by virtue of paragraph 4(1)(a).

Multi-authority police area covering nine or fewer local authorities: nomination by local

authority

8    (1)

This paragraph applies in relation to the police and crime panel for a multi-

authority police area which covers nine or fewer local authorities.

(2)	In a case where—

(a)	the number of appointed members of the police and crime panel is less

than the full complement,

(b)	a particular relevant local authority does not have power under the

panel arrangements to appoint an extra member of the panel (see

paragraph 5(2)), and

(c)	there is no member of the panel who was appointed by the authority,

the authority may nominate one of its councillors to be a member of the police

and crime panel.

(3)	In a case where—

(a)	the number of appointed members of the police and crime panel is less

than the full complement,

(b)	a particular relevant local authority has power under the panel

arrangements to appoint one or more extra members of the panel (see

paragraph 5(2)), and

(c)	the number of members of the panel who are members by virtue of

appointment by the authority is less than the authority’s quota of

members,

the authority may nominate the permitted number of its councillors to be

members of the police and crime panel.

(4)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(5)	In this paragraph, in relation to a police and crime panel and a relevant local

authority—

“full complement” means ten members;

“permitted number” means the number that is equal to the difference

between—

(c)	the authority’s quota of members; and

(d)	the number of members of the panel who are members by virtue

of appointment by the authority;

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

“quota of members” means the number of members calculated by adding

one to the number of extra members of the panel which the authority has

power to appoint under the panel arrangements (see paragraph 5(2)).

Appointment after nomination by local authority

9    (1)

This paragraph applies where a relevant local authority makes a nomination

under paragraph 6, 7 or 8.

(2)	If the nominee accepts the nomination, the relevant local authority may

appoint the nominated councillor as a member of the panel.

(3)	If the nominee does not accept the nomination, the relevant local authority may

nominate another of its councillors to be a member of the police and crime

panel (and sub-paragraph (2) or this sub-paragraph applies accordingly, as if

the nomination were made under paragraph 6, 7 or 8).

Failure of local authority to appoint member: nomination and appointment by Secretary

of State

10  (1)

This paragraph applies if the Secretary of State is satisfied that—

(a)	the number of appointed members of a police and crime panel is less

than the full complement, and

(b)	a relevant local authority (the “defaulting local authority”)—

(i)	has failed to nominate or appoint one or more of its

councillors as members of the panel in accordance with

paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and

9, or

(ii)	does not have power to make such a nomination and

appointment because of paragraph 6(3), 7(3) or 8(4).

(2)	The Secretary of State must nominate the appropriate number of persons who

are councillors of relevant local authorities to be members of the police and

crime panel.

(3)	Sub-paragraph (4) or (5) applies in relation to each nomination which the

Secretary of State is required to make under sub-paragraph (2).

(4)	If the nominee accepts the nomination, the Secretary of State must appoint the

nominated councillor as a member of the panel.

(5)	If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to be

a member of the police and crime panel (and sub-paragraph (4) or this sub-

paragraph applies accordingly, as if the nomination were made under sub-

paragraph (2)).

(6)	In complying with this paragraph in relation to the police and crime panel for

a multi-authority police area, the Secretary of State must secure (as far as is

reasonably practicable) that the fair representation objective is met.

(7)	The “fair representation objective” referred to in sub-paragraph (6) is—

(a)	in the case of a police area which covers ten or more local authorities,

the objective that each relevant local authority has only one of its

councillors as a member of the panel;

(b)	in the case of a police area which covers nine or fewer local

authorities, the objective that each relevant local authority has at least

one of its councillors as a member of the panel.

(8)	If the Secretary of State—

(a)	is satisfied that a relevant local authority has failed to nominate or

appoint one or more of its councillors as members of the panel as

mentioned in sub-paragraph (1)(b), and

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(b)	is considering whether to exercise, has decided to exercise, or has

exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State

is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9)	A notice given under sub-paragraph (8) may be withdrawn by the Secretary of

State at any time.

(10)	For the purposes of sub-paragraph (1)(b)(i), it is irrelevant that a relevant local

authority which has failed to nominate or appoint a councillor as a member of

the panel—

(a)	may have power under any of paragraphs 6 to 9 to make a further

nomination; or

(b)	is complying with, or has complied with, the panel arrangements

relating to that panel.

(11)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(e)	the full complement; and

(f)	the number of appointed members of the panel;

“full complement” means the number of appointed members which the

panel is to have by virtue of paragraph 4(1)(a).

Costs of the panel

11  (1)

This paragraph applies to a multi-authority panel.

(2)	The panel arrangements must make provision about—

(a)	how the relevant local authorities are to meet the costs of the panel;

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 relevant local authorities.

Part 3

Panels established by the Secretary of State

Establishment and maintenance of panels

12  (1)

This Part of this Schedule applies in relation to—

(a)	each police area in Wales, and

(b)	each police area in England in relation to which an order under

paragraph 1(2) has effect.

(2)	The Secretary of State must—

(a)	establish and maintain a separate police and crime panel for each

police area to which this Part of this Schedule applies, and

(b)	make the panel arrangements (see paragraph 23) for each police and

crime panel established and maintained in accordance with this

paragraph.

(3)	The Secretary of State may make different panel arrangements for different

police and crime panels.

(4)	In the following provisions of this Part of this Schedule, a reference to a police

and crime panel is a reference to a panel established and maintained in

accordance with this paragraph.

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

Membership and status

13  (1)

A police and crime panel for a police area is to consist of the following

members—

(a)	the relevant number of persons appointed by the Secretary of State as

members of the panel; and

(b)	two members co-opted by the panel.

(2)	For the purposes of sub-paragraph (1), the “relevant number” is—

(a)	ten (if the police area covers ten or fewer local authorities); or

(b)	the number that is equal to the number of local authorities which the

police area covers (if the police area covers eleven or more local

authorities).

(3)	A police and crime panel is not a committee or joint committee of any local

authority or local authorities.

Wales: persons appointed by the Secretary of State as members of panels

14	In this Part of this Schedule, a reference to a person appointed by the Secretary

of State as a member of a Welsh police and crime panel is a reference to—

(a)	a person nominated by a relevant local authority to be a member of the

panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 16(2) to (4)(a), or

(b)	a person nominated by the Secretary of State to be a member of the

panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 16(4)(b) to (6).

Wales: Secretary of State to ask local authorities to nominate members of panels

15  (1)

This paragraph applies in relation to a Welsh police and crime panel if the

Secretary of State is satisfied that the number of appointed members of the

panel is less than the full complement.

(2)	In the case of a police and crime panel for a single-authority police area, the

Secretary of State must ask the relevant local authority to nominate the

appropriate number of the authority’s councillors to be members of the panel.

(3)	In the case of a police and crime panel for a multi-authority police area, the

Secretary of State must—

(a)	decide which of the relevant local authorities to ask to make

nominations under this sub-paragraph (the “nominating authorities”);

(b)	decide what number of nominations under this sub-paragraph each

nominating authority is to be asked to make; and

(c)	ask each nominating authority to nominate that number of the

authority’s councillors to be members of the panel.

(4)	In complying with sub-paragraph (3), the Secretary of State must secure—

(a)	that the number of nominations which the nominating authority or

authorities are asked to make (when taken together) is equal to the

appropriate number; and

(b)	that (as far as is reasonably practicable) the fair representation

objective is met.

(5)	The “fair representation objective” referred to in sub-paragraph (4)(b) is—

(a)	in the case of a police area which covers ten or more local authorities,

the objective that each relevant local authority has only one of its

councillors as a member of the panel;

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Police Reform and Social Responsibility Bill, continued

(b)	in the case of a police area which covers nine or fewer local

authorities, the objective that each relevant local authority has at least

one of its councillors as a member of the panel.

(6)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(g)	the full complement; and

(h)	the number of appointed members of the panel;

“full complement” means the number of appointed members which the

panel is to have by virtue of paragraph 13(1)(a).

Wales: consequences of Secretary of State asking local authorities to make nominations

16  (1)

This paragraph applies if, under paragraph 15, the Secretary of State asks a

relevant local authority to nominate a councillor to be a member of a Welsh

police and crime panel.

(2)	The authority may make the nomination.

(3)	If the authority makes the nomination, and the nominee accepts the

nomination, the Secretary of State must appoint the nominated councillor as a

member of the police and crime panel.

(4)	If the authority fails to make the nomination, or the nominee does not accept

the nomination, the Secretary of State must either—

(a)	ask the authority to make another nomination (and sub-paragraph (2),

and sub-paragraph (3) or this sub-paragraph, apply accordingly, as if

the request were made under paragraph 15); or

(b)	nominate a person who is a councillor of a relevant local authority to

be a member of the police and crime panel.

(5)	If the nominee accepts a nomination made under sub-paragraph (4)(b), the

Secretary of State must appoint the nominated councillor as a member of the

panel.

(6)	If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to be

a member of the police and crime panel (and sub-paragraph (5) or this sub-

paragraph applies accordingly, as if the nomination were made under sub-

paragraph (4)(b)).

England: persons appointed by the Secretary of State as members of panels

17	In this Part of this Schedule, a reference to a person appointed by the Secretary

of State as a member of an English police and crime panel is a reference to a

person who has been appointed by the Secretary of State as a member of the

panel in accordance with paragraph 18.

England: nomination and appointment of members of panels by Secretary of State

18  (1)

This paragraph applies in relation to an English police and crime panel if the

Secretary of State is satisfied that the number of appointed members of the

panel is less than the full complement.

(2)	The Secretary of State must nominate the appropriate number of persons who

are councillors of relevant local authorities to be members of the police and

crime panel.

(3)	Sub-paragraph (4) or (5) applies in relation to each nomination which the

Secretary of State is required to make under sub-paragraph (2).

(4)	If the nominee accepts the nomination, the Secretary of State must appoint the

nominated councillor as a member of the panel.

Notices of Amendments: 23 March 2011

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Police Reform and Social Responsibility Bill, continued

(5)	If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to be

a member of the police and crime panel (and sub-paragraph (4) or this sub-

paragraph applies accordingly, as if the nomination were made under sub-

paragraph (2)).

(6)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(i)	the full complement; and

(j)	the number of appointed members of the panel;

“full complement” means the number of appointed members which the

panel is to have by virtue of paragraph 13(1)(a).

Liabilities of panels

19  (1)

All relevant liabilities relating to a police and crime panel are liabilities of the

Secretary of State (and accordingly are not liabilities of any member of the

panel).

(2)	Any expense incurred by a member of a police and crime panel—

(a)	in respect of a relevant liability, or

(b)	otherwise in the exercise of, or purported exercise of, a function of the

panel,

is to be borne and repaid by the Secretary of State.

(3)	In this paragraph “relevant liability” means a liability which, but for this

paragraph, would be a liability of a member of a police and crime panel

(whether personally or as a member of that panel) in respect of anything done

by—

(a)	that person in the exercise, or purported exercise, of a function of a

member of the panel,

(b)	any other member of the panel in the exercise, or purported exercise,

of a function of a member of the panel, or

(c)	the panel in the exercise, or purported exercise, of a function of the

panel.

Provision of financial and other resources

20  (1)

The Secretary of State may provide financial and other resources—

(a)	to a police and crime panel in connection with the exercise of the

panel’s functions;

(b)	to the members of a police and crime panel in connection with the

exercise of their functions; and

(c)	to one or more of the relevant local authorities covered by a police area

in connection with the exercise of functions by—

(i)	such an authority in relation to the police and crime panel for

that police area,

(ii)	that panel, or

(iii)

the members of that panel.

(2)	The Secretary of State may provide financial or other resources under sub-

paragraph (1) subject to conditions.

(3)	In the case of resources provided under sub-paragraph (1)(c), the conditions

which may be imposed include conditions requiring a relevant local authority

to pass resources to, or share resources with, another relevant local authority.

© Parliamentary copyright	Revised 24 March 2011