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Police Reform and Social Responsibility Act 2011

Section 51: Election to fill vacancy in office of commissioner

185.Section 51 applies where a vacancy arises in the office of police and crime commissioner. In such cases, an election must be held to fill the vacancy.

186.Subsection (4) provides that the date of the election must not be more than 35 days after the “relevant event” (which is defined in subsection (5) as being where the High Court or the appropriate officer has declared the office to be vacant and, in any other case the giving of the notice of vacancy to the appropriate officer). Appropriate officer in this context is defined in section 76 and means the head of paid service of the local authority designated by the Secretary of State. Subsection (7) provides that no election is to be held if the vacancy arises within the period of six months before an ordinary election. An order under section 58 can make special provision where an election fails or there is some irregularity, which could override subsections (3) and (4).

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