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Police and Justice Act 2006

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This is the original version (as it was originally enacted).

Membership etc of police authorities

This section has no associated Explanatory Notes

4For Schedule 2A there is substituted—

Section 5C

SCHEDULE 2AThe Metropolitan police authority

Membership of Authority

1(1)The Secretary of State shall by regulations make provision in relation to the membership of the Metropolitan Police Authority.

(2)Regulations under this paragraph shall provide for the Authority to consist of—

(a)persons appointed from among the persons specified in sub-paragraph (3), and

(b)other persons, including at least one lay justice.

(3)The persons referred to in sub-paragraph (2)(a) are—

(a)the Mayor of London, and

(b)members of the London Assembly.

(4)Regulations under this paragraph shall—

(a)specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and

(b)secure that the majority of members of the Authority are persons falling within paragraph (a) of that sub-paragraph.

(5)Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of the Authority to be persons of a specified description.

(6)Those regulations may include provision as to—

(a)how a member is to be appointed;

(b)disqualification for membership;

(c)the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d)re-appointment as a member;

(e)the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;

(f)the validity of proceedings of the Authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the Authority;

(g)the payment of remuneration and allowances to a member and the reimbursement of expenses.

Appointment of members from London Assembly etc

2Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London.

Appointment of other members

3(1)Regulations under paragraph 1 shall provide that—

(a)one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and

(b)the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel.

(2)Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.

(3)Those regulations may include provision as to—

(a)the number of members of a selection panel;

(b)how and by whom a member of a panel is to be appointed;

(c)disqualification for membership;

(d)the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(e)re-appointment as a member of a panel;

(f)the conduct of proceedings of a panel, including any procedures that a panel is to follow;

(g)the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;

(h)the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;

(i)the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.

Chairman and vice chairmen

4(1)The Secretary of State shall by regulations provide that—

(a)if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman;

(b)if not, the Mayor of London is to appoint a chairman from among the members of the Authority.

(2)The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority.

(3)Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—

(a)qualification and disqualification for appointment;

(b)the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);

(c)eligibility for re-appointment;

(d)the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

(e)the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

(f)the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committees

5The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority’s standards committee.

Consultation

6Before making any regulations under this Schedule, the Secretary of State shall consult—

(a)the Metropolitan Police Authority,

(b)the Association of Police Authorities,

(c)the Greater London Authority,

(d)persons whom he considers to represent the interests of London boroughs, and

(e)such other persons as he thinks fit.

Supplementary

7(1)Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

(2)A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

8In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

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