|
|
| |
| |
|
| | “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 |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | (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- |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (a) | may have power under any of paragraphs 6 to 9 to make a further |
|
| | |
| | (b) | is complying with, or has complied with, the panel arrangements |
|
| | |
| | |
| | “appropriate number” means the number that is equal to the difference |
|
| | |
| | (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). |
|
| | |
| | 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; |
|
| | |
| | (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. |
|
| | |
| | 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 |
|
| | |
| | (3) | The Secretary of State may make different panel arrangements for different |
|
| | |
| | (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. |
|
|
|
| |
| |
|
| | |
| | 13 (1) | A police and crime panel for a police area is to consist of the following |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (b) | that (as far as is reasonably practicable) the fair representation |
|
| | |
| | (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; |
|
|
|
| |
| |
|
| | (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. |
|
| | |
| | “appropriate number” means the number that is equal to the difference |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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- |
|
| | |
| | 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 |
|
| | |
| | (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- |
|
| | |
| | |
| | “appropriate number” means the number that is equal to the difference |
|
| | |
| | (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). |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | | 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 |
|
| | |
| | (a) | that person in the exercise, or purported exercise, of a function of a |
|
| | |
| | (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 |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | |
| | (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. |
|
|
|
| |
| |
|
| | (4) | The power under this paragraph to provide resources is in addition to the duty |
|
| | |
| | |
| | |
| | Restrictions on membership of panel |
|
| | 21 | The police and crime commissioner for a police area may not be a member of |
|
| | the police and crime panel for the area. |
|
| | 22 | A person may not be a co-opted member of the police and crime panel for a |
|
| | police area if the person is any of the following— |
|
| | (a) | a member of the staff of the police and crime commissioner for that |
|
| | |
| | (b) | a member of the civilian staff of the police force for that police area; |
|
| | (c) | a member of a local authority which is covered by that police area; |
|
| | (d) | a Member of Parliament; |
|
| | (e) | a member of the National Assembly for Wales; |
|
| | (f) | a member of the Scottish Parliament; |
|
| | (g) | a member of the European Parliament. |
|
| | |
| | 23 (1) | Panel arrangements are arrangements for the establishment and maintenance |
|
| | of a police and crime panel. |
|
| | (2) | Panel arrangements must make provision about the co-option of, and holding |
|
| | of office by, the two co-opted members of the police and crime panel. |
|
| | (3) | Panel arrangements must include provision about— |
|
| | (a) | the term of office of appointed members and co-opted members of the |
|
| | |
| | (b) | resignation, and removal, of appointed members and co-opted |
|
| | |
| | (c) | conditions for re-appointment of appointed members and co-opted |
|
| | |
| | (4) | Panel arrangements may not make rules of procedure for the police and crime |
|
| | panel (as to which see paragraph 24). |
|
| | (5) | Panel arrangements may make different provision for different cases. |
|
| | (6) | The following persons must comply with the panel arrangements relating to a |
|
| | |
| | (a) | each relevant local authority; |
|
| | (b) | each member of the police and crime panel. |
|
| | |
| | 24 (1) | A police and crime panel must make rules of procedure for the panel. |
|
| | (2) | A police and crime panel’s rules of procedure must make provision about the |
|
| | appointment, resignation and removal of a person to chair the panel. |
|
| | (3) | The police and crime panel’s rules of procedure may, in particular, make |
|
| | |
| | (a) | the method of making decisions, and |
|
| | (b) | the formation of sub-committees. |
|
|
|
| |
| |
|
| | (4) | A sub-committee of a police and crime panel may not co-opt members. |
|
| | (5) | This paragraph is subject to paragraph 26. |
|
| | |
| | 25 | All members of a police and crime panel may vote in proceedings of the panel. |
|
| | Exercise of special functions |
|
| | 26 (1) | The special functions of a police and crime panel may not be discharged by a |
|
| | committee or sub-committee of the panel. |
|
| | (2) | In this paragraph “special functions” means the functions conferred on a police |
|
| | |
| | (a) | section 28(2) (scrutiny of police and crime plan); |
|
| | (b) | section 28(3) (scrutiny of annual report); |
|
| | (c) | Schedule 5 (issuing precepts); and |
|
| | (d) | Part 1 of Schedule 8 (scrutiny of appointment of chief constables). |
|
| | |
| | 27 | The panel arrangements may make provision about the payment of allowances |
|
| | to members of the police and crime panel. |
|
| | Promotion of, and support, for panels |
|
| | 28 | The panel arrangements must make provision for— |
|
| | (a) | the role of the police and crime panel to be promoted; |
|
| | (b) | administrative and other support to be given to the police and crime |
|
| | |
| | (c) | support and guidance to be given to— |
|
| | (i) | members of relevant local authorities, |
|
| | (ii) | members of the executives (if any) of relevant local |
|
| | |
| | (iii) | officers of relevant local authorities, |
|
| | | in relation to the functions of the police and crime panel. |
|
| | |
| | 29 | The validity of the proceedings of a police and crime panel is not affected by |
|
| | a vacancy in the membership of the panel or a defect in appointment. |
|
| | Duty to produce balanced panel |
|
| | 30 (1) | In exercising functions under Part 2 or 3 of this Schedule, a relevant local |
|
| | authority must secure that (as far as is reasonably practicable) the balanced |
|
| | appointment objective is met. |
|
| | (2) | In exercising functions under Part 2 or 3 of this Schedule, the Secretary of State |
|
| | must secure that (as far as is reasonably practicable) the balanced appointment |
|
| | |
| | (3) | The “balanced appointment objective” referred to in this paragraph is the |
|
| | objective that the appointed members of a police and crime panel (when taken |
|
| | |
| | (a) | represent all parts of the relevant police area; |
|
| | (b) | represent the political make-up of— |
|
|