Part 1

Police reform
CHAPTER 6

Police and crime commissioners: elections and vacancies

Elections: further provision

Declaration of acceptance of office of police and crime commissioner
70
1
A person elected to the office of police and crime commissioner for any police area may not act in that office unless the person has—
a
made a declaration of acceptance of the office in a form specified in an order made by the Secretary of State or the Minister for the Cabinet Office, and
b
delivered the declaration to the appropriate officer,
in each case, when not ineligible by virtue of subsection (5).
2
If the person fails to make and deliver a declaration in accordance with subsection (1) within the period of two months beginning with the day after the election, the office of police and crime commissioner for that area becomes vacant at the end of the period.
3
Any declaration made under this section must be made before—
a
the appropriate officer;
b
a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man, or
c
a commissioner appointed to administer oaths in the Senior Courts.
4
Any person before whom a declaration is authorised to be made under this section may take the declaration.
5
A person is ineligible to make or give a declaration of acceptance of office under this section in respect of the office of police and crime commissioner for a police area at any time when the person is a member of—
a
the House of Commons;
b
the Scottish Parliament;
c
the National Assembly for Wales;
d
the Northern Ireland Assembly;
e
the European Parliament.
6
No salary, and no payment towards the provision of superannuation benefits, is to be paid under this Act to or in respect of a police and crime commissioner until the commissioner has complied with the requirements of subsection (1).
7
Subsection (6) does not affect any entitlement of a police and crime commissioner to payments in respect of the period before the commissioner complies with the requirements of subsection (1) once the commissioner has complied with those requirements.
S. 70 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)
S. 70(1)(a) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(f) (with arts. 3(3), 4)
Words in s. 70(1)(a) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(e) (with art. 5(2))
Words in s. 70(1)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(g) (with art. 12)