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| | |
| | 11 (1) | This paragraph applies to a multi-authority panel. |
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| | (2) | The panel arrangements must make provision about— |
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| | (a) | how the relevant local authorities are to meet the costs of the panel; |
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| | |
| | (b) | insofar as the provision is necessary, how funds paid (whether by the |
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| | Secretary of State or otherwise) to meet the costs of the panel are to be |
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| | paid to, or distributed between, the relevant local authorities. |
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| | |
| | Panels established by the Secretary of State |
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| | Establishment and maintenance of panels |
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| | 12 (1) | This Part of this Schedule applies in relation to— |
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| | (a) | each police area in Wales, and |
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| | (b) | each police area in England in relation to which an order under |
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| | paragraph 1(2) has effect. |
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| | (2) | The Secretary of State must— |
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| | (a) | establish and maintain a separate police and crime panel for each |
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| | police area to which this Part of this Schedule applies, and |
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| | (b) | make the panel arrangements (see paragraph 23) for each police and |
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| | crime panel established and maintained in accordance with this |
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| | |
| | (3) | The Secretary of State may make different panel arrangements for different |
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| | |
| | (4) | In the following provisions of this Part of this Schedule, a reference to a police |
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| | and crime panel is a reference to a panel established and maintained in |
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| | accordance with this paragraph. |
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| | |
| | 13 (1) | A police and crime panel for a police area is to consist of the following |
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| | |
| | (a) | the relevant number of persons appointed by the Secretary of State as |
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| | members of the panel; and |
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| | (b) | two members co-opted by the panel. |
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| | (2) | For the purposes of sub-paragraph (1), the “relevant number” is— |
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| | (a) | ten (if the police area covers ten or fewer local authorities); or |
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| | (b) | the number that is equal to the number of local authorities which the |
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| | police area covers (if the police area covers eleven or more local |
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| | |
| | (3) | A police and crime panel is not a committee or joint committee of any local |
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| | authority or local authorities. |
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| | Wales: persons appointed by the Secretary of State as members of panels |
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| | 14 | In this Part of this Schedule, a reference to a person appointed by the Secretary |
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| | of State as a member of a Welsh police and crime panel is a reference to— |
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| | (a) | a person nominated by a relevant local authority to be a member of the |
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| | panel, and appointed by the Secretary of State as a member of the |
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| | panel, in accordance with paragraph 16(2) to (4)(a), or |
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| |
| |
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| | (b) | a person nominated by the Secretary of State to be a member of the |
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| | panel, and appointed by the Secretary of State as a member of the |
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| | panel, in accordance with paragraph 16(4)(b) to (6). |
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| | Wales: Secretary of State to ask local authorities to nominate members of panels |
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| | 15 (1) | This paragraph applies in relation to a Welsh police and crime panel if the |
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| | Secretary of State is satisfied that the number of appointed members of the |
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| | panel is less than the full complement. |
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| | (2) | In the case of a police and crime panel for a single-authority police area, the |
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| | Secretary of State must ask the relevant local authority to nominate the |
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| | appropriate number of the authority’s councillors to be members of the panel. |
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| | (3) | In the case of a police and crime panel for a multi-authority police area, the |
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| | |
| | (a) | decide which of the relevant local authorities to ask to make |
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| | nominations under this sub-paragraph (the “nominating authorities”); |
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| | (b) | decide what number of nominations under this sub-paragraph each |
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| | nominating authority is to be asked to make; and |
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| | (c) | ask each nominating authority to nominate that number of the |
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| | authority’s councillors to be members of the panel. |
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| | (4) | In complying with sub-paragraph (3), the Secretary of State must secure— |
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| | (a) | that the number of nominations which the nominating authority or |
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| | authorities are asked to make (when taken together) is equal to the |
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| | |
| | (b) | that (as far as is reasonably practicable) the fair representation |
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| | |
| | (5) | The “fair representation objective” referred to in sub-paragraph (4)(b) is— |
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| | (a) | in the case of a police area which covers ten or more local authorities, |
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| | the objective that each relevant local authority has only one of its |
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| | councillors as a member of the panel; |
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| | (b) | in the case of a police area which covers nine or fewer local |
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| | authorities, the objective that each relevant local authority has at least |
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| | one of its councillors as a member of the panel. |
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| | |
| | “appropriate number” means the number that is equal to the difference |
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| | |
| | (g) | the full complement; and |
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| | (h) | the number of appointed members of the panel; |
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| | “full complement” means the number of appointed members which the |
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| | panel is to have by virtue of paragraph 13(1)(a). |
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| | Wales: consequences of Secretary of State asking local authorities to make nominations |
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| | 16 (1) | This paragraph applies if, under paragraph 15, the Secretary of State asks a |
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| | relevant local authority to nominate a councillor to be a member of a Welsh |
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| | |
| | (2) | The authority may make the nomination. |
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| | (3) | If the authority makes the nomination, and the nominee accepts the |
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| | nomination, the Secretary of State must appoint the nominated councillor as a |
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| | member of the police and crime panel. |
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| | (4) | If the authority fails to make the nomination, or the nominee does not accept |
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| | the nomination, the Secretary of State must either— |
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| |
| |
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| | (a) | ask the authority to make another nomination (and sub-paragraph (2), |
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| | and sub-paragraph (3) or this sub-paragraph, apply accordingly, as if |
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| | the request were made under paragraph 15); or |
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| | (b) | nominate a person who is a councillor of a relevant local authority to |
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| | be a member of the police and crime panel. |
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| | (5) | If the nominee accepts a nomination made under sub-paragraph (4)(b), the |
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| | Secretary of State must appoint the nominated councillor as a member of the |
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| | |
| | (6) | If the nominee does not accept the nomination, the Secretary of State must |
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| | nominate another person who is a councillor of a relevant local authority to be |
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| | a member of the police and crime panel (and sub-paragraph (5) or this sub- |
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| | paragraph applies accordingly, as if the nomination were made under sub- |
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| | |
| | England: persons appointed by the Secretary of State as members of panels |
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| | 17 | In this Part of this Schedule, a reference to a person appointed by the Secretary |
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| | of State as a member of an English police and crime panel is a reference to a |
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| | person who has been appointed by the Secretary of State as a member of the |
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| | panel in accordance with paragraph 18. |
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| | England: nomination and appointment of members of panels by Secretary of State |
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| | 18 (1) | This paragraph applies in relation to an English police and crime panel if the |
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| | Secretary of State is satisfied that the number of appointed members of the |
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| | panel is less than the full complement. |
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| | (2) | The Secretary of State must nominate the appropriate number of persons who |
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| | are councillors of relevant local authorities to be members of the police and |
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| | |
| | (3) | Sub-paragraph (4) or (5) applies in relation to each nomination which the |
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| | Secretary of State is required to make under sub-paragraph (2). |
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| | (4) | If the nominee accepts the nomination, the Secretary of State must appoint the |
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| | nominated councillor as a member of the panel. |
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| | (5) | If the nominee does not accept the nomination, the Secretary of State must |
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| | nominate another person who is a councillor of a relevant local authority to be |
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| | a member of the police and crime panel (and sub-paragraph (4) or this sub- |
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| | paragraph applies accordingly, as if the nomination were made under sub- |
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| | |
| | |
| | “appropriate number” means the number that is equal to the difference |
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| | |
| | (i) | the full complement; and |
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| | (j) | the number of appointed members of the panel; |
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| | “full complement” means the number of appointed members which the |
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| | panel is to have by virtue of paragraph 13(1)(a). |
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| | |
| | 19 (1) | All relevant liabilities relating to a police and crime panel are liabilities of the |
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| | Secretary of State (and accordingly are not liabilities of any member of the |
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| | |
| | (2) | Any expense incurred by a member of a police and crime panel— |
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| | (a) | in respect of a relevant liability, or |
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| | (b) | otherwise in the exercise of, or purported exercise of, a function of the |
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| | |
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| |
| |
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| | | is to be borne and repaid by the Secretary of State. |
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| | (3) | In this paragraph “relevant liability” means a liability which, but for this |
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| | paragraph, would be a liability of a member of a police and crime panel |
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| | (whether personally or as a member of that panel) in respect of anything done |
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| | |
| | (a) | that person in the exercise, or purported exercise, of a function of a |
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| | |
| | (b) | any other member of the panel in the exercise, or purported exercise, |
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| | of a function of a member of the panel, or |
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| | (c) | the panel in the exercise, or purported exercise, of a function of the |
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| | |
| | Provision of financial and other resources |
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| | 20 (1) | The Secretary of State may provide financial and other resources— |
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| | (a) | to a police and crime panel in connection with the exercise of the |
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| | |
| | (b) | to the members of a police and crime panel in connection with the |
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| | exercise of their functions; and |
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| | (c) | to one or more of the relevant local authorities covered by a police area |
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| | in connection with the exercise of functions by— |
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| | (i) | such an authority in relation to the police and crime panel for |
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| | |
| | |
| | (iii) | the members of that panel. |
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| | (2) | The Secretary of State may provide financial or other resources under sub- |
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| | paragraph (1) subject to conditions. |
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| | (3) | In the case of resources provided under sub-paragraph (1)(c), the conditions |
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| | which may be imposed include conditions requiring a relevant local authority |
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| | to pass resources to, or share resources with, another relevant local authority. |
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| | (4) | The power under this paragraph to provide resources is in addition to the duty |
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| | |
| | |
| | |
| | Restrictions on membership of panel |
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| | 21 | The police and crime commissioner for a police area may not be a member of |
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| | the police and crime panel for the area. |
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| | 22 | A person may not be a co-opted member of the police and crime panel for a |
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| | police area if the person is any of the following— |
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| | (a) | a member of the staff of the police and crime commissioner for that |
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| | |
| | (b) | a member of the civilian staff of the police force for that police area; |
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| | (c) | a member of a local authority which is covered by that police area; |
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| | (d) | a Member of Parliament; |
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| | (e) | a member of the National Assembly for Wales; |
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| | (f) | a member of the Scottish Parliament; |
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| | (g) | a member of the European Parliament. |
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| |
| |
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| | |
| | 23 (1) | Panel arrangements are arrangements for the establishment and maintenance |
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| | of a police and crime panel. |
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| | (2) | Panel arrangements must make provision about the co-option of, and holding |
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| | of office by, the two co-opted members of the police and crime panel. |
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| | (3) | Panel arrangements must include provision about— |
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| | (a) | the term of office of appointed members and co-opted members of the |
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| | |
| | (b) | resignation, and removal, of appointed members and co-opted |
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| | |
| | (c) | conditions for re-appointment of appointed members and co-opted |
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| | |
| | (4) | Panel arrangements may not make rules of procedure for the police and crime |
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| | panel (as to which see paragraph 24). |
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| | (5) | Panel arrangements may make different provision for different cases. |
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| | (6) | The following persons must comply with the panel arrangements relating to a |
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| | |
| | (a) | each relevant local authority; |
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| | (b) | each member of the police and crime panel. |
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| | |
| | 24 (1) | A police and crime panel must make rules of procedure for the panel. |
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| | (2) | A police and crime panel’s rules of procedure must make provision about the |
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| | appointment, resignation and removal of a person to chair the panel. |
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| | (3) | The police and crime panel’s rules of procedure may, in particular, make |
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| | |
| | (a) | the method of making decisions, and |
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| | (b) | the formation of sub-committees. |
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| | (4) | A sub-committee of a police and crime panel may not co-opt members. |
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| | (5) | This paragraph is subject to paragraph 26. |
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| | |
| | 25 | All members of a police and crime panel may vote in proceedings of the panel. |
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| | Exercise of special functions |
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| | 26 (1) | The special functions of a police and crime panel may not be discharged by a |
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| | committee or sub-committee of the panel. |
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| | (2) | In this paragraph “special functions” means the functions conferred on a police |
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| | |
| | (a) | section 28(2) (scrutiny of police and crime plan); |
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| | (b) | section 28(3) (scrutiny of annual report); |
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| | (c) | Schedule 5 (issuing precepts); and |
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| | (d) | Part 1 of Schedule 8 (scrutiny of appointment of chief constables). |
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| | |
| | 27 | The panel arrangements may make provision about the payment of allowances |
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| | to members of the police and crime panel. |
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| |
| |
|
| | Promotion of, and support, for panels |
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| | 28 | The panel arrangements must make provision for— |
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| | (a) | the role of the police and crime panel to be promoted; |
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| | (b) | administrative and other support to be given to the police and crime |
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| | |
| | (c) | support and guidance to be given to— |
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| | (i) | members of relevant local authorities, |
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| | (ii) | members of the executives (if any) of relevant local |
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| | |
| | (iii) | officers of relevant local authorities, |
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| | | in relation to the functions of the police and crime panel. |
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| | |
| | 29 | The validity of the proceedings of a police and crime panel is not affected by |
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| | a vacancy in the membership of the panel or a defect in appointment. |
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| | Duty to produce balanced panel |
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| | 30 (1) | In exercising functions under Part 2 or 3 of this Schedule, a relevant local |
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| | authority must secure that (as far as is reasonably practicable) the balanced |
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| | appointment objective is met. |
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| | (2) | In exercising functions under Part 2 or 3 of this Schedule, the Secretary of State |
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| | must secure that (as far as is reasonably practicable) the balanced appointment |
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| | |
| | (3) | The “balanced appointment objective” referred to in this paragraph is the |
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| | objective that the appointed members of a police and crime panel (when taken |
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| | |
| | (a) | represent all parts of the relevant police area; |
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| | (b) | represent the political make-up of— |
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| | (i) | the relevant local authority, or |
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| | (ii) | the relevant local authorities (when taken together); |
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| | (c) | have the skills, knowledge and experience necessary for the police and |
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| | crime panel to discharge its functions effectively. |
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| | 31 | In co-opting members, a police and crime panel must secure that (as far as is |
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| | reasonably practicable), the appointed and co-opted members of the panel |
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| | (when taken together) have the skills, knowledge and experience necessary for |
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| | the police and crime panel to discharge its functions effectively. |
|
| | Application of other legislation |
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| | 32 (1) | The Secretary of State may, by regulations— |
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| | (a) | modify a relevant enactment in its application to Part 2 panels, or |
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| | (b) | provide for a relevant enactment not to apply to Part 2 panels. |
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| | (2) | The Secretary of State may, by regulations, provide for a relevant enactment |
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| | to apply (with or without modifications) to Part 3 panels. |
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| | |
| | “Part 2 panels” means police and crime panels established and maintained |
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| | under Part 2 of this Schedule (which are committees or joint committees |
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| | of the relevant local authority or authorities); |
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|
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| |
| |
|
| | “Part 3 panels” means police and crime panels established and maintained |
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| | under Part 3 of this Schedule (which are not committees or joint |
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| | committees of any local authority); |
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| | “relevant enactment” means an enactment which applies to a committee of |
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| | a local authority or a joint committee of local authorities. |
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| | Regulations about notifications |
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| | 33 | The Secretary of State may, by regulations, make provision about notifications |
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| | to be given by persons in relation to— |
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| | (a) | their compliance, or failure to comply, with any duty imposed under |
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| | |
| | (b) | their exercise, or failure to exercise, any power conferred under this |
|
| | |
| | Regulations about making nominations |
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| | 34 (1) | The Secretary of State may, by regulations, make provision about— |
|
| | (a) | the making of nominations (including provision about when |
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| | |
| | (b) | the notification of nominations (whether to the nominee or any other |
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| | |
| | (c) | the acceptance and refusal of nominations (including provision about |
|
| | when nominations are to be treated as having been accepted or |
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| | |
| | (2) | In this paragraph “nomination” means a nomination by a relevant local |
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| | authority or the Secretary of State of a person to be a member of a police and |
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| | |
| | Regulations about making appointments |
|
| | 35 (1) | The Secretary of State may, by regulations, make provision about— |
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| | (a) | the making of appointments; |
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| | (b) | the notification of appointments (whether to the appointee or any other |
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| | |
| | (c) | the termination of appointments (including provision about when |
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| | appointments are to be treated as having been terminated). |
|
| | (2) | In this paragraph “appointment” means— |
|
| | (a) | the appointment by a relevant local authority or the Secretary of State |
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| | of a person as a member of a police and crime panel, and |
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| | (b) | the co-option by a police and crime panel of a person to be a member |
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| | |
| | Regulations about modification etc of functions |
|
| | 36 (1) | The Secretary of State may, by regulations, make provision for modifying, |
|
| | suspending, transferring or removing relevant functions insofar as they are |
|
| | exercisable in relation to police and crime panels in respect of which the |
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| | Secretary of State is, or has been, required to nominate members. |
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| | (2) | In this paragraph, “relevant functions” means functions conferred on relevant |
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| | local authorities or the Secretary of State by this Schedule. |
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|