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Police Reform and Social Responsibility Act 2011

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This is the original version (as it was originally enacted).

Vacancy in office of police and crime commissioner

59Date of vacancy in office of commissioner

(1)For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—

(a)in the case of a vacancy in consequence of the failure of, or other irregularity in relation to, an election, at the time specified in an order under section 58;

(b)in the case of resignation, on receipt of the notice of resignation by the appropriate officer;

(c)in the case of death, on the date of death;

(d)in any case within subsection (2), on the date on which the office of police and crime commissioner for the police area is declared to have been vacated by the High Court or by the appropriate officer, as the case may be.

(2)The cases referred to in subsection (1)(d) are—

(a)where the person elected as police and crime commissioner fails to make and deliver a declaration of acceptance of office in accordance with section 70;

(b)where a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months);

(c)where a person becomes disqualified—

(i)from being a police and crime commissioner, or

(ii)from being the police and crime commissioner for the police area.

(3)The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.

(4)The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.

(5)Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.

60Declaration of vacancy in certain cases

(1)Subsection (2) applies where—

(a)a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—

(i)from being a police and crime commissioner, or

(ii)from being the police and crime commissioner for the police area,

(b)the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or

(c)a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months).

(2)The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

(a)it has been declared vacant by the High Court, or

(b)an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.

61Resignation of commissioner

(1)A police and crime commissioner may at any time resign office by giving notice to the appropriate officer.

(2)Any such resignation takes effect on the officer’s receipt of the notice.

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