SCHEDULES

C1SCHEDULE 6Police and crime panels

Annotations:
Modifications etc. (not altering text)

Part 2Panels established by local authorities

Failure of local authority to appoint member: nomination and appointment by Secretary of State

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1

This paragraph applies if the Secretary of State is satisfied that—

a

the number of appointed members of a police and crime panel is less than the full complement, and

b

a relevant local authority (the “defaulting local authority”)—

i

has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, or

ii

does not have power to make such a nomination and appointment because of paragraph 6(3), 7(3) or 8(4).

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 complying with this paragraph in relation to the police and crime panel for a multi-authority police area, the Secretary of State must secure (as far as is reasonably practicable) that the fair representation objective is met.

7

The “fair representation objective” referred to in sub-paragraph (6) 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.

8

If the Secretary of State—

a

is satisfied that a relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel as mentioned in sub-paragraph (1) (b), and

b

is considering whether to exercise, has decided to exercise, or has exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State is satisfied as mentioned in paragraph (a) of this sub-paragraph.

9

A notice given under sub-paragraph (8) may be withdrawn by the Secretary of State at any time.

10

For the purposes of sub-paragraph (1) (b) (i), it is irrelevant that a relevant local authority which has failed to nominate or appoint a councillor as a member of the panel—

a

may have power under any of paragraphs 6 to 9 to make a further nomination; or

b

is complying with, or has complied with, the panel arrangements relating to that panel.

11

In this paragraph—

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

    1. a

      the full complement; and

    2. 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 4(1)(a).