Police, Public Order and Criminal Justice (Scotland) Act 2006

Prospective

Membership S

3 (1) The Scottish Ministers must appoint the members of the Authority. S

(2) Each member must fall within one of the categories mentioned in sub-paragraph (3).

(3) Those categories are—

(a) police force members;

(b) police authority members;

(c) lay members.

(4) The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—

(a) a convener (who must be a lay member); and

(b) at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).

(5) Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—

(a) prevent the Authority from operating; or

(b) prevent or impede the effective or efficient operation of the Authority.

(6) A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.

(7) A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.

(8) Sub-paragraph (4)(b) does not apply if—

(a) the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and

(b) the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.

(9) A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—

(a) a member of—

(i) the House of Lords;

(ii) the House of Commons;

(iii) the Scottish Parliament;

(iv) the European Parliament; or

(b) disqualified from standing for election as a member of—

(i) the House of Commons;

(ii) the Scottish Parliament; or

(iii) a local authority.

(10) A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—

(a) a constable of a police force;

(b) a member of—

(i) a police force maintained under section 2 of the Police Act 1996 (c. 16);

(ii) the metropolitan police force or of the City of London police force;

(iii) the Police Service of Northern Ireland;

(iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

(v) the British Transport Police Force;

(vi) the Civil Nuclear Constabulary;

(vii) the States of Jersey Police Force;

(viii) the salaried police force of the Island of Guernsey; or

(ix) the Isle of Man Constabulary;

(c) a member of the Serious Organised Crime Agency;

(d) a member of a local authority; or

(e) a member of staff of the Authority.

(11) The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.

(12) Before making an order under sub-paragraph (11) the Scottish Ministers must consult—

(a) the Authority;

(b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(c) persons whom the Scottish Ministers consider represent the interests of police bodies.