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

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

(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.

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