Part 1

Police reform
CHAPTER 6

Police and crime commissioners: elections and vacancies

Elections: further provision

Judicial proceedings as to disqualification or vacancy
71
1
Any person who claims that a person purporting to be a police and crime commissioner for a police area is, or at any time since being elected has been, disqualified—
a
from being a police and crime commissioner; or
b
from being police and crime commissioner for the police area,
may apply to the High Court for a declaration to that effect, and that accordingly the office of police and crime commissioner for the area is vacant.
2
An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was elected or to have arisen subsequently.
3
No declaration may be made under this section in respect of any person on grounds which subsisted when the person was elected, if an election petition under an order under section 58 is pending or has been tried in which the person's disqualification on those grounds is or was in issue.
4
Any person who claims that a person purporting to be a police and crime commissioner for a police area has ceased to be the police and crime commissioner for the police area by virtue of—
a
section 63, or
b
section 70,
may apply to the High Court for a declaration to that effect.
5
On an application under this section—
a
the person in respect of whom the application is made is to be the respondent, and
b
the applicant must give such security for the costs of the proceedings as the court may direct.
6
The amount of the security may not exceed £5,000 or such other sum as the Secretary of State or the Minister for the Cabinet Office may specify by order.
7
The decision of the court on an application under this section is final.
S. 71 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)
Words in s. 71(6) 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(h) (with art. 12)
Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)
S. 71(6) 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)(g) (with art. 4)
Words in s. 71(6) 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)(f)