Search Legislation

Police Reform and Social Responsibility Act 2011

Status:

This is the original version (as it was originally enacted).

Part 3Panels established by the Secretary of State

Establishment and maintenance of panels

12(1)This Part of this Schedule applies in relation to—

(a)each police area in Wales, and

(b)each police area in England in relation to which an order under paragraph 1(2) has effect.

(2)The Secretary of State must—

(a)establish and maintain a separate police and crime panel for each police area to which this Part of this Schedule applies, and

(b)make the panel arrangements (see paragraph 24) for each police and crime panel established and maintained in accordance with this paragraph.

(3)The Secretary of State may make different panel arrangements for different police and crime panels.

(4)In the following provisions of this Part of this Schedule, a reference to a police and crime panel is a reference to a panel established and maintained in accordance with this paragraph.

Membership and status

13(1)A police and crime panel for a police area is to consist of the following members—

(a)the relevant number of persons appointed by the Secretary of State as members of the panel; and

(b)the appropriate number of members co-opted by the panel.

(2)For the purposes of sub-paragraph (1) (a), the “relevant number” is—

(a)ten (if the police area covers ten or fewer local authorities); or

(b)the number that is equal to the number of local authorities which the police area covers (if the police area covers eleven or more local authorities).

(3)For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a)two, or

(b)if a resolution of the panel under sub-paragraph (4) is in force, the number of co-opted members specified in that resolution.

(4)A police and crime panel may resolve that the panel is to have the number of co-opted members specified in the resolution; but no such resolution may be passed unless—

(a)that number of co-opted members is greater than two;

(b)the Secretary of State agrees that the panel should have that number of co-opted members; and

(c)the total membership of the panel, including that number of co-opted members, would not exceed 20.

(5)A police and crime panel is not a committee or joint committee of any local authority or local authorities.

Wales: persons appointed by the Secretary of State as members of panels

14In this Part of this Schedule, a reference to a person appointed by the Secretary of State as a member of a Welsh police and crime panel is a reference to—

(a)a person nominated by a relevant local authority to be a member of the panel, and appointed by the Secretary of State as a member of the panel, in accordance with paragraph 16 (2) to (4)(a), or

(b)a person nominated by the Secretary of State to be a member of the panel, and appointed by the Secretary of State as a member of the panel, in accordance with paragraph 16 (4)(b) to (6).

Wales: Secretary of State to ask local authorities to nominate members of panels

15(1)This paragraph applies in relation to a Welsh police and crime panel if the Secretary of State is satisfied that the number of appointed members of the panel is less than the full complement.

(2)In the case of a police and crime panel for a single-authority police area, the Secretary of State must ask the relevant local authority to nominate the appropriate number of the authority’s councillors to be members of the panel.

(3)In the case of a police and crime panel for a multi-authority police area, the Secretary of State must—

(a)decide which of the relevant local authorities to ask to make nominations under this sub-paragraph (the “nominating authorities”);

(b)decide what number of nominations under this sub-paragraph each nominating authority is to be asked to make; and

(c)ask each nominating authority to nominate that number of the authority’s councillors to be members of the panel.

(4)In complying with sub-paragraph (3), the Secretary of State must secure—

(a)that the number of nominations which the nominating authority or authorities are asked to make (when taken together) is equal to the appropriate number; and

(b)that (as far as is reasonably practicable) the fair representation objective is met.

(5)The “fair representation objective” referred to in sub-paragraph (4)(b) is—

(a)in the case of a police area which covers ten or more local authorities, the objective that each relevant local authority has only one of its councillors as a member of the panel;

(b)in the case of a police area which covers nine or fewer local authorities, the objective that each relevant local authority has at least one of its councillors as a member of the panel.

(6)In this paragraph—

  • “appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

Wales: consequences of Secretary of State asking local authorities to make nominations

16(1)This paragraph applies if, under paragraph 15, the Secretary of State asks a relevant local authority to nominate a councillor to be a member of a Welsh police and crime panel.

(2)The authority may make the nomination.

(3)If the authority makes the nomination, and the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the police and crime panel.

(4)If the authority fails to make the nomination, or the nominee does not accept the nomination, the Secretary of State must either—

(a)ask the authority to make another nomination (and sub-paragraph (2), and sub-paragraph (3) or this sub-paragraph, apply accordingly, as if the request were made under paragraph 15); or

(b)nominate a person who is a councillor of a relevant local authority to be a member of the police and crime panel.

(5)If the nominee accepts a nomination made under sub-paragraph (4)(b), the Secretary of State must appoint the nominated councillor as a member of the panel.

(6)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (5) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (4)(b)).

England: persons appointed by the Secretary of State as members of panels

17In this Part of this Schedule, a reference to a person appointed by the Secretary of State as a member of an English police and crime panel is a reference to a person who has been appointed by the Secretary of State as a member of the panel in accordance with paragraph 18.

England: nomination and appointment of members of panels by Secretary of State

18(1)This paragraph applies in relation to an English police and crime panel if the Secretary of State is satisfied that the number of appointed members of the panel is less than the full complement.

(2)The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

(3)Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

(4)If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

(5)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (4) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (2)).

(6)In this paragraph—

  • “appropriate number” means the number that is equal to the difference between—

    (a)

    the full complement; and

    (b)

    the number of appointed members of the panel;

  • “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 13(1)(a).

Liabilities of panels

19(1)All relevant liabilities relating to a police and crime panel are liabilities of the Secretary of State (and accordingly are not liabilities of any member of the panel).

(2)Any expense incurred by a member of a police and crime panel—

(a)in respect of a relevant liability, or

(b)otherwise in the exercise of, or purported exercise of, a function of the panel,

is to be borne and repaid by the Secretary of State.

(3)In this paragraph “relevant liability” means a liability which, but for this paragraph, would be a liability of a member of a police and crime panel (whether personally or as a member of that panel) in respect of anything done by—

(a)that person in the exercise, or purported exercise, of a function of a member of the panel,

(b)any other member of the panel in the exercise, or purported exercise, of a function of a member of the panel, or

(c)the panel in the exercise, or purported exercise, of a function of the panel.

Provision of financial and other resources

20(1)The Secretary of State may provide financial and other resources—

(a)to a police and crime panel in connection with the exercise of the panel’s functions;

(b)to the members of a police and crime panel in connection with the exercise of their functions; and

(c)to one or more of the relevant local authorities covered by a police area in connection with the exercise of functions by—

(i)such an authority in relation to the police and crime panel for that police area,

(ii)that panel, or

(iii)the members of that panel.

(2)The Secretary of State may provide financial or other resources under sub-paragraph (1) subject to conditions.

(3)In the case of resources provided under sub-paragraph (1) (c), the conditions which may be imposed include conditions requiring a relevant local authority to pass resources to, or share resources with, another relevant local authority.

(4)The power under this paragraph to provide resources is in addition to the duty under paragraph 19(2).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources