Legalize / United Kingdom / Public General Act

Police Reform and Social Responsibility Act 2011

Type Public General Act

Publication 2011-09-15

Last updated 2025-07-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(ii) any other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period;

(c) using any tent or other such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;

(e) using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.

(f) obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.

(3) But an activity is not to be treated as a “prohibited activity” within subsection (2) if it is done—

(a) for police, fire and rescue authority or ambulance purposes,

(b) by or on behalf of a relevant person, or

(c) by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).

(4) In subsection (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to)—

(a) loudspeakers, and

(b) loudhailers.

(4A) In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.

(5) In subsection (3)(b) “relevant person” means any of the following—

(a) a Minister of the Crown or a government department,

(b) the Greater London Authority, ...

(d) a relevant member of the House of Lords staff, or

(e) a relevant member of the House of Commons staff

(5A) In subsection (5)—

“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996;

“relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.

(6) It is immaterial for the purposes of a prohibited activity—

(a) in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;

(b) in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Directions under section 143: further provision

144

(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues in force until—

(a) the end of such period beginning with the day on which the direction is given as may be specified by the constable or authorised officer giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable or authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the controlled area of Parliament Square, or the Palace of Westminster controlled area, can hear or are likely to be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons together, and

(7) In this section—

“amplified noise equipment” has the meaning given by section 143(4);

“direction” means a direction given under section 143(1).

Power to seize property

145

(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.

(1A) A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.

(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.

(2A) A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.

(3) A “prohibited item” is any item of a kind mentioned in section 143(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.

(5) An item seized under this section must be returned to the person from whom it was seized—

(a) no later than the end of the period of 28 days beginning with the day on which the item was seized, or

(b) if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known—

(a) the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.

(8) The references in this section to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.

Power of court on conviction

146

(1) The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—

(a) make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;

(b) make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in a relevant area.

(2) An order under subsection (1)(b) may (in particular) require P not to enter a relevant area for such period as may be specified in the order.

(2A) In this section “relevant area” means an area consisting of either or both of the following areas—

(a) the controlled area of Parliament Square , and

(b) the Palace of Westminster controlled area.

(3) Power of the court to make an order under this section is in addition to the court's power to impose a fine under section 143(8).

Authorisation for operation of amplified noise equipment

147

(1) The responsible authority for any land in the controlled area of Parliament Square or the Palace of Westminster controlled area may authorise a person in accordance with this section to operate on that land (or any part of it) any amplified noise equipment (as defined by section 143(4)).

(2) An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may—

(a) determine the form in which, and the manner in which, an application is to be made;

(b) specify the information to be supplied in connection with an application;

(4) If an application is duly made to a responsible authority, the authority must—

(a) determine the application, and

(b) give notice in writing to the applicant of the authority's decision within the period of 21 days beginning with the day on which the authority receives the application.

(5) The notice must specify—

(a) the person (or persons) authorised (whether by name or description),

(b) the kind of amplified noise equipment to which the authorisation applies,

(d) any conditions to which the authorisation is subject.

(6) The responsible authority may at any time—

(a) withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes—

(a) imposing a new condition,

(b) removing an existing condition, or

(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

Meaning of “authorised officer” and “responsible authority”

148

(1) This section applies for the purposes of this Part.

(2) “Authorised officer”, in relation to any land in the controlled area of Parliament Square, or in relation to any land in the Palace of Westminster controlled area other than Royal Park land, means—

(a) an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.

(3) “Responsible authority”, in relation to any land in the controlled area of Parliament Square, means—

(a) the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 142(2)), and

(b) Westminster City Council, for any other land.

(4) “Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means—

(a) the Secretary of State, for any land comprised in Royal Park land;

(b) Westminster City Council, for any other land.

(5) In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.

Effect of Part on byelaws

149

(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—

(6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square or the Palace of Westminster controlled area, a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.

Part 4 — Miscellaneous

Seizure powers

Powers of seizure etc under certain regulations and byelaws

150

(1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—

(1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.

(2) After section 237 of the Local Government Act 1972 (offences against byelaws) insert—

(237ZA) A byelaw made under section 235 may include provision for or in connection with— (a) the seizure and retention of any property in connection with any contravention of the byelaw, and (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.

(3) In section 385 of the Greater London Authority Act 1999 (byelaws), in subsection (4)(b) for “a trading byelaw” substitute “ any byelaw under this section ”.

Misuse of drugs

Temporary control of drugs

151

Schedule 17 (which makes provision for temporary class drug orders under the Misuse of Drugs Act 1971) has effect.

Advisory Council on the Misuse of Drugs

152

In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory Council on the Misuse of Drugs), in paragraph 1—

(a) in sub-paragraph (1), omit the words after “appropriate”, and

(b) omit sub-paragraph (2).

Arrest warrants

Restriction on issue of arrest warrants in private prosecutions

153

(1) In section 1 of the Magistrates' Courts Act 1980 (issue of summons or warrant), after subsection (4) insert—

(4A) Where a person who is not a public prosecutor lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions. (4B) In subsection (4A) “public prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003. (4C) Subsection (4A) applies to— (a) a qualifying offence which is alleged to have been committed outside the United Kingdom, or (b) an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom. (4D) In subsection (4C) “qualifying offence” means any of the following— (a) piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted); (b) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions); (c) an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons); (d) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking); (e) an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc); (f) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material); (g) an offence under section 134 of the Criminal Justice Act 1988 (torture); (h) an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes); (i) an offence under sections 9 to 14 of that Act (hijacking ships etc); (j) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc). (4E) In subsection (4C) “ancillary offence”, in relation to an offence, means— (a) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement); (b) attempting or conspiring to commit the offence.

(2) In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions etc), after subsection (2) insert—

(2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.

Part 5 — Final provisions

Orders and regulations

154

(1) Any power of the Secretary of State ... under this Act to make an order or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 31 or 54(2) or paragraph 36(1) (a) or 40 of Schedule 6;

(b) an order under section 50 or 58;

(d) an order under paragraph 24 of Schedule 15 which contains provision amending an Act (whether or not it also contains other provision).

(3) Any other statutory instrument containing an order or regulations under this Act, except an instrument containing only an order specified in subsection (4), is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The orders referred to subsection (3) are those under section 54(1)(b), 55(1), 75 or 157.

(5) An order or regulations made by the Secretary of State ... under this Act may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

Money

155

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred by a Minister of the Crown by virtue of this Act;

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

156

(1) This Act extends to England and Wales only.

(2) Subsection (1) is subject to subsections (3) to (6).

(3) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 58 (power to make provision about elections etc),

(b) section 151 and Schedule 17 (temporary class drug orders),

(d) section 154 (orders and regulations) so far as relating to an order under section 58, and

(e) this section and sections 157 and 158 (final provisions).

(4) Section 98 and Schedule 15 apply to England and Wales and Scotland.

(5) The amendments, repeals and revocations made by this Act (so far as not made by provision mentioned in subsection (3)(b) or (c)) have the same extent as the provisions amended, repealed or revoked.

(6) Subsection (5) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 150(1) above (which accordingly extends to England and Wales only).

Commencement

157

(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) The following provisions come into force on the day on which this Act is passed—

(a) section 58 (power to make provision about elections);

(b) section 153 (restrictions on issue of arrest warrants in private prosecutions);

(4) Section 150(2), so far as relating to byelaws made by local authorities in Wales, comes into force on such day as the Welsh Ministers may by order appoint.

(5) Section 154(1) and (5)(b) applies to an order of the Welsh Ministers under subsection (4) as it applies to an order of the Secretary of State under this Act.

Short title

158

This Act may be cited as the Police Reform and Social Responsibility Act 2011.

SCHEDULE 1

Introduction

1

This Schedule applies in relation to the police and crime commissioners established under section 1.

Salary etc

2

(1) A police and crime commissioner is to be paid a salary.

(2) The Secretary of State is to determine the amount of a commissioner's salary.

(3) The Secretary of State may determine that different salaries are to be payable to the police and crime commissioners for different police areas.

(4) Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.

3

(1) A police and crime commissioner is to be paid authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of expenses incurred by a commissioner in the exercise of the commissioner's functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.

(3) A determination under this paragraph may make different provision for different cases.

4

(1) A police and crime commissioner must make authorised pension payments.

(2) In this paragraph “authorised pension payments” means—

(a) pensions to, or in respect of, persons who have been commissioner, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been commissioner,

which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.

5

(1) Payments under paragraphs 2 and 3 are to be made by the police and crime commissioner concerned.

(2) The Secretary of State must publish every determination under any of paragraphs 2 to 4.

Staff

6

(1) A police and crime commissioner must appoint—

(a) a person to be the head of the commissioner's staff (referred to in this Part as the commissioner's chief executive); and

(b) a person to be responsible for the proper administration of the commissioner's financial affairs (referred to in this Part as the commissioner's chief finance officer).

(2) A police and crime commissioner must comply with paragraphs 9 to 12 in appointing the commissioner's chief executive or the commissioner's chief finance officer.

(3) A police and crime commissioner may appoint such other staff as the commissioner thinks appropriate to enable the commissioner to exercise the functions of commissioner.

(4) Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a police and crime commissioner as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

7

(1) A police and crime commissioner must appoint a person to act as chief executive, or a chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the commissioner's opinion, unable to carry out the duties of that post.

(2) A person may not be appointed under sub-paragraph (1) to act as chief finance officer unless the person is qualified to be appointed to the post under paragraph 6.

(3) A reference in any enactment to the chief executive, or chief finance officer, of a police and crime commissioner includes a reference to a person acting as chief executive, or chief finance officer, in accordance with sub-paragraph (1).

The deputy police and crime commissioner

8

(1) This paragraph applies to a person appointed under section 18 by a police and crime commissioner to be the deputy police and crime commissioner.

(2) None of the following may be appointed as the deputy police and crime commissioner—

(a) a person who has not attained the age of 18 on the day of the appointment;

(b) a person who is subject to a relevant disqualification;

(d) a member of the European Parliament;

(e) a member of the National Assembly for Wales;

(f) a member of the Scottish Parliament;

(g) a member of the Northern Ireland Assembly.

(3) The terms and conditions of a person appointed as the deputy police and crime commissioner must ensure that the term of office ends no later than the sixth day after the day of the poll at the next ordinary election of police and crime commissioners (that is, the day on which the term of office of the appointing police and crime commissioner would, if there were no vacancy in the office before then, end in accordance with section 50(7)(b)).

(3A) The terms and conditions must also provide for the deputy police and crime commissioner’s appointment to end when, following an election held under section 51 to fill a vacancy in the office of the appointing police and crime commissioner, the person elected makes and delivers a declaration of acceptance of office under section 70(1).

(3B) Subject to sub-paragraphs (3) and (3A), the terms and conditions may make such provision about termination as the appointing police and crime commissioner thinks appropriate.

(4) Section 7 of the Local Government and Housing Act 1989 (appointment of staff on merit) does not apply to the deputy police and crime commissioner.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this paragraph, a person is subject to a relevant disqualification if the person is disqualified from being elected as, or being, a police and crime commissioner under—

(a) section 65(1) (police officers, police-related employment etc), other than paragraph (e)(ii); or

(b) section 66(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship, bankruptcy, criminal convictions & corrupt or illegal election practices).

Scrutiny of senior appointments

9

(1) A police and crime commissioner must notify the relevant police and crime panel of each proposed appointment by the commissioner of—

(a) the commissioner's chief executive,

(b) the commissioner's chief finance officer, or

(2) In a case where the police and crime commissioner notifies the relevant police and crime panel of such an appointment (“a proposed senior appointment”), the commissioner must also notify the panel of the following information—

(a) the name of the person whom the commissioner is proposing to appoint (“the candidate”);

(b) the criteria used to assess the suitability of the candidate for the appointment;

(d) the terms and conditions on which the candidate is to be appointed.

10

(1) This paragraph applies if a police and crime panel is notified under paragraph 9 of a proposed senior appointment.

(2) The panel must review the proposed senior appointment.

(3) The panel must make a report to the commissioner on the proposed senior appointment.

(4) The report must include a recommendation to the police and crime commissioner as to whether or not the candidate should be appointed.

(5) The panel must comply with sub-paragraphs (2) to (4), within the period of three weeks beginning with the day on which the panel receives the notification from the commissioner of the proposed senior appointment.

(6) The panel must publish the report to the commissioner made under this paragraph.

(7) It is for the panel to determine the manner in which the recommendation is to be published in accordance with sub-paragraph (6).

(8) In calculating the period of three weeks for the purpose of sub-paragraph (5), any relevant post-election period is to be ignored.

(9) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an ordinary election of a police and crime commissioner under section 50, and

(b) ends with the day on which the person elected as police and crime commissioner delivers a declaration of acceptance of office under section 70.

11

(1) A police and crime panel must hold a confirmation hearing before making a report and recommendation under paragraph 10 to the police and crime commissioner in relation to a proposed senior appointment.

(2) For the purposes of this Schedule a “confirmation hearing” is a meeting of the panel, held in public, at which the candidate is requested to appear for the purpose of answering questions relating to the appointment.

(3) References in this Schedule to a person appearing at a meeting of the panel are references to the person—

(a) attending the meeting in person, or

(b) not attending the meeting in person, but participating in the proceedings at the meeting by any means that enable the person to hear, and be heard in, those proceedings as they happen.

12

(1) The police and crime commissioner may accept or reject the panel's recommendation under paragraph 10 as to whether or not the candidate should be appointed.

(2) The police and crime commissioner must notify the panel of the decision whether to accept or reject the recommendation.

Remuneration etc of staff

13

(1) A police and crime commissioner may pay remuneration, allowances and gratuities to the members of the commissioner's staff.

(2) A police and crime commissioner may pay—

(a) pensions to, or in respect of, persons who have been members of the commissioner's staff, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the commissioner's staff.

(3) In this paragraph “allowances”, in relation to a member of a commissioner's staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

Incidental powers

14

(1) A police and crime commissioner may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of commissioner.

(2) That includes—

(a) entering into contracts and other agreements (whether legally binding or not);

(b) acquiring and disposing of property (including land);

(3) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of police and crime commissioners.

Protection from personal liability

15

(1) A person who is a police and crime commissioner has no personal liability for an act or omission done by the person in the exercise of the commissioner's functions unless it is shown to have been done otherwise than in good faith.

(2) A person who is a member of staff of a police and crime commissioner has no personal liability for an act or omission done by the person in the carrying out of duties as a member of staff unless it is shown to have been done otherwise than in good faith.

Financial year

16

(1) The first financial year of a police and crime commissioner is the period that—

(a) begins with the day on which the first election of the commissioner is held, and

(b) ends with the following 31 March.

(2) After that, a commissioner's financial year is the period of 12 months ending with 31 March.

SCHEDULE 2

Introduction

1

This Schedule applies to the chief constables established under section 2.

Status, name etc

2

A chief constable is a corporation sole.

3

The name of the chief constable for a police force is “the Chief Constable of” with the addition of the name of the police force.

Civilian staff

4

(1) The chief constable of a police force must appoint a person to be responsible for the proper administration of the police force's financial affairs (referred to in this Part as the police force's chief finance officer).

(2) The chief constable of a police force may appoint such other staff as the chief constable thinks appropriate—

(a) to enable the chief constable to exercise the chief constable's functions, or

(b) otherwise to assist the relevant police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of a chief constable as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

5

(1) A chief constable must appoint a qualified person to act as chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the chief constable's opinion, unable to carry out the duties of that post.

(2) For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 4.

(3) A reference in any enactment to the police force's chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).

Remuneration etc of staff

6

(1) A chief constable may pay remuneration, allowances and gratuities to the members of the police force's civilian staff.

(2) A chief constable may pay—

(a) pensions to, or in respect of, persons who have been members of the police force's civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the police force's civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a police force's civilian staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

Incidental powers

7

(1) A chief constable may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of chief constable.

(2) That includes—

(a) entering into contracts and other agreements (whether legally binding or not), but only with the consent of the relevant police and crime commissioner;

(b) acquiring and disposing of property, apart from land, but only with the consent of the relevant police and crime commissioner.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph (2)(a) does not require the chief constable to obtain the consent of the relevant police and crime commissioner in order to enter into a contract or other agreement with a person—

(a) by virtue of which the person becomes, or is, a member of the police force's civilian staff, or

(b) which otherwise relates to the person's membership of that civilian staff (including the terms and conditions of the person's membership).

(5) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.

Damages and costs in legal proceedings

7A

(1) A chief constable may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the chief constable, but only—

(a) for the purpose of meeting expenses pending the receipt of revenues receivable by the chief constable in respect of the period of account in which the expenses are chargeable,

(b) in sterling, and

(2) A chief constable—

(a) may not borrow money except as permitted by sub-paragraph (1);

(b) may not enter into a credit arrangement.

(3) A chief constable may invest—

(a) for any purpose relevant to the chief constable's functions under any enactment, or

(b) for the purpose of the prudent management of the chief constable's financial affairs,

but only with the consent of the relevant police and crime commissioner.

(4) The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts) apply in relation to a chief constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(d) section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a Passenger Transport Executive;

(j) section 20 (directions);

(k) sections 21 and 22 (accounts);

(l) section 24(1) and (2)(b) (application to Wales).

(5) Regulations made by the Secretary of State under any of the provisions listed in sub-paragraph (4) apply in relation to the chief constable of a police force in England as they apply in relation to a local authority in England.

(6) Regulations made by the Welsh Ministers under any of those provisions apply in relation to the chief constable of a police force in Wales as they apply in relation to a local authority in Wales.

(7) Any of those provisions, or regulations made under them, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3).

(8) An order under section 217 or 218 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies—

(a) with the substitution of a reference to a chief constable for a reference to a local authority, and

(b) with any other necessary modifications.

Disciplinary action etc

9

Paragraph 2 does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of chief constable.

SCHEDULE 3

Allowances

1

(1) The occupant of the Mayor's Office for Policing and Crime is to be paid authorised allowances.

(2) In this paragraph “authorised allowances” means allowances, in respect of expenses incurred by the occupant of the Mayor's Office for Policing and Crime in the exercise of the functions of that Office, which are of the kinds and amounts designated by the Secretary of State as payable in accordance with this paragraph.

(3) A determination under this paragraph may make different provision for different cases.

(4) Payments under this paragraph are to be made by the Mayor's Office for Policing and Crime.

Staff

2

(1) The Mayor's Office for Policing and Crime must appoint a person to be the head of that Office's staff (referred to in this Part as the chief executive of the Mayor's Office for Policing and Crime).

(2) The Mayor's Office for Policing and Crime may appoint such other staff (in addition to the chief executive, and the chief finance officer appointed under section 127(2) of the Greater London Authority Act 1999) as the Office thinks appropriate to enable the Office to exercise its functions.

(3) A reference in any enactment to the officers of a functional body of the Greater London Authority is, in the case of the Mayor's Office for Policing and Crime, to be read as a reference to the staff of that Office.

3

(1) The Mayor's Office for Policing and Crime must appoint a person to act as chief executive, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the opinion of the Mayor's Office for Policing and Crime, unable to carry out the duties of that post.

(2) A reference in any enactment to the chief executive of the Mayor's Office for Policing and Crime includes a reference to a person acting as chief executive in accordance with sub-paragraph (1).

The Deputy Mayor for Policing and Crime

4

(1) This paragraph applies to the person appointed under section 19 to be the Deputy Mayor for Policing and Crime.

(2) None of the following may be appointed as the Deputy Mayor for Policing and Crime—

(a) a person who has not attained the age of 18 on the day of appointment;

(b) a person who is subject to a relevant disqualification;

(d) a member of the European Parliament;

(e) a member of the National Assembly for Wales;

(f) a member of the Scottish Parliament;

(g) a member of the Northern Ireland Assembly.

(3) The terms and conditions of a person who is appointed as the Deputy Mayor for Policing and Crime must provide for the appointment to end not later than the day when the current term of office of the occupant of the Mayor's Office for Policing and Crime ends.

(4) If, and for as long as, the person who is Deputy Mayor for Policing and Crime is a member of the London Assembly, the Deputy Mayor for Policing and Crime is not to be regarded as a member of staff of the Mayor's Office of Policing and Crime.

(5) But sub-paragraph (4) does not prevent the person who is the Deputy Mayor for Policing and Crime from receiving allowances and gratuities under paragraph 6.

(6) Section 7 of the Local Government and Housing Act 1989 (appointment of staff on merit) does not apply to the Deputy Mayor for Policing and Crime.

(7) In this paragraph “current term of office”, in relation to the appointment of a member of staff by the occupant of the Mayor's Office for Policing and Crime, means the occupant's term of office which is running at the time the appointment is made.

(8) For the purposes of this paragraph, a person is subject to a relevant disqualification if the person is disqualified from being elected as, or being, a police and crime commissioner under—

(a) section 65(1) (police officers, police-related employment etc), other than paragraph (e)(ii); or

(b) section 66(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship, bankruptcy, criminal convictions & corrupt or illegal election practices).

Notification of appointments

5

(1) This paragraph applies to every appointment of a member of staff of the Mayor's Office for Policing and Crime.

(2) The Mayor's Office for Policing and Crime must notify the London Assembly of—

(a) the name of the person appointed;

(b) the post to which the person has been appointed; and

(3) In this paragraph, a reference to appointment of a person as a member of staff of the Mayor's Office for Policing and Crime includes a reference to a person who is already a member of staff of the Office being appointed to a different post within the staff of the Office.

Remuneration etc of staff

6

(1) The Mayor's Office for Policing and Crime may pay remuneration, allowances and gratuities to the members of the staff of the Office.

(2) The Mayor's Office for Policing and Crime may pay—

(a) pensions to, or in respect of, persons who have been members of the staff of the Office, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the staff of the Office.

(3) In this paragraph “allowances”, in relation to a member of the staff of the Mayor's Office for Policing and Crime, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

Incidental powers

7

(1) The Mayor's Office for Policing and Crime may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office.

(2) That includes—

(a) entering into contracts and other agreements (whether legally binding or not);

(b) acquiring and disposing of property (including land);

(3) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Mayor's Office for Policing and Crime.

Protection from personal liability

8

(1) A person who is the occupant of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the exercise of the functions of the office unless it is shown to have been done otherwise than in good faith.

(2) A person who is a member of staff of the Mayor's Office for Policing and Crime has no personal liability for an act or omission done by the person in the carrying out of duties as a member of staff unless it is shown to have been done otherwise than in good faith.

Financial year

9

(1) The first financial year of the Mayor's Office for Policing and Crime is the period that—

(a) begins with the day on which section 3 comes into force, and

(b) ends with the relevant 31 March.

(2) After that, the financial year of the Mayor's Office for Policing and Crime is the period of 12 months ending with 31 March.

(3) In this paragraph “relevant 31 March”, in relation to the first financial year of the Mayor's Office for Policing and Crime, means—

(a) if that financial year begins on or before 1 October, the first 31 March that falls after the beginning of the financial year;

(b) if that financial year begins after 1 October, the second 31 March that falls after the beginning of the financial year.

SCHEDULE 4

Civilian staff

1

(1) The Commissioner of Police of the Metropolis must appoint a person to be responsible for the proper administration of the metropolitan police force's financial affairs (referred to in this Part as the metropolitan police force's chief finance officer).

(2) The Commissioner of Police of the Metropolis may appoint such other staff as the Commissioner thinks appropriate—

(a) to enable the Commissioner to exercise the Commissioner's functions, or

(b) otherwise to assist the metropolitan police force.

(3) Section 113 of the Local Government Finance Act 1988 applies to the chief finance officer of the Commissioner of Police of the Metropolis as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

2

(1) The Commissioner of Police of the Metropolis must appoint a qualified person to act as chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the Commissioner's opinion, unable to carry out the duties of that post.

(2) For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 1.

(3) A reference in any enactment to the metropolitan police force's chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).

Remuneration etc of staff

3

(1) The Commissioner of Police of the Metropolis may pay remuneration, allowances and gratuities to the members of the metropolitan police force's civilian staff.

(2) The Commissioner of Police of the Metropolis may pay—

(a) pensions to, or in respect of, persons who have been members of the metropolitan police force's civilian staff, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the metropolitan police force's civilian staff.

(3) In this paragraph “allowances”, in relation to a member of a metropolitan police force's civilian staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

Incidental powers

4

(1) The Commissioner of Police of the Metropolis may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Commissioner.

(2) That includes—

(a) entering into contracts and other agreements (whether legally binding or not), but only with the consent of the Mayor's Office for Policing and Crime;

(b) acquiring and disposing of property, apart from land, but only with the consent of the Mayor's Office for Policing and Crime.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph (3) does not require the Commissioner of Police of the Metropolis to obtain the consent of the Mayor's Office for Policing and Crime in order to enter into a contract or other agreement with a person—

(a) by virtue of which the person becomes, or is, a member of the metropolitan police force's civilian staff, or

(b) which otherwise relates to the person's membership of that civilian staff (including the terms and conditions of the person's membership).

(5) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of the Commissioner.

Damages and costs in legal proceedings

5

(1) The following amounts must be paid out of the police fund kept by the Mayor's Office for Policing and Crime—

(a) any damages or costs awarded against the Commissioner of Police of the Metropolis in any proceedings brought against the Commissioner in respect of the acts or omissions of a member of the metropolitan police force's civilian staff;

(b) any costs incurred by the Commissioner of Police of the Metropolis in any such proceedings so far as not recovered by the Commissioner in the proceedings; and

(c) any sum required in connection with the settlement of any claim made against the Commissioner of Police of the Metropolis in respect of the acts or omissions of a member of the metropolitan police force's civilian staff, if the settlement is approved by the Mayor's Office for Policing and Crime.

(2) The Mayor's Office for Policing and Crime may, in such cases and to such extent as appear to the Office to be appropriate, pay out of the police fund kept by the Office—

(a) any damages or costs awarded against a member of the metropolitan police force's civilian staff in proceedings for any unlawful conduct of that person;

(b) any costs incurred and not recovered by such a member of staff in such proceedings; and

Disciplinary action etc

6

Section 4(1) does not affect the application of regulations under section 50 of the Police Act 1996 to the constable who occupies the office of Commissioner of Police of the Metropolis.

SCHEDULE 5

Introduction

1

(1) A police and crime commissioner may not issue a precept under section 40 of the Local Government Finance Act 1992 for a financial year until the end of the scrutiny process is reached.

(2) The end of the scrutiny process is reached when—

(a) in a case where paragraph 5 applies, the police and crime commissioner gives the police and crime panel a response to the panel's report; or

(b) in a case where paragraph 6 applies, the end of the process is reached in accordance with regulations under paragraph 8.

(3) References in this Schedule to the issuing of a precept include references to the issuing of a substitute precept.

Commissioner to notify panel of proposed precept

2

The police and crime commissioner must notify the relevant police and crime panel of the precept which the commissioner is proposing to issue for the financial year (the “proposed precept”).

Panel to review proposed precept

3

(1) The police and crime panel must review the proposed precept notified to it under paragraph 2.

(2) The panel must make a report to the commissioner on the proposed precept.

(3) The report may include recommendations, including recommendations as to the precept that should be issued for the financial year.

Panel’s power to veto precept

4

(1) The police and crime panel may, having reviewed the proposed precept, veto the proposed precept.

(2) If the panel vetoes the proposed precept, the report made under paragraph 3 must include a statement that the panel has vetoed it.

(3) References in this Schedule to a police and crime panel vetoing a proposed precept are references to the panel making a decision, by the required majority, that the proposed precept should not be the precept for the financial year.

(4) For that purpose, the panel makes that decision by the required majority if at least two-thirds of the persons who are members of the panel at the time when the decision is made vote in favour of making that decision.

Next steps if no veto

5

(1) This paragraph applies if the police and crime panel does not veto the proposed precept.

(2) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),

(b) give the panel a response to the report (and any such recommendations), and

(3) The police and crime commissioner may—

(a) issue the proposed precept as the precept for the financial year, or

(b) issue a different precept, but only if it would be in accordance with a recommendation made in the report to do so.

(4) It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with sub-paragraph (2)(c).

Next steps if veto

6

(1) This paragraph applies if the police and crime panel vetoes the proposed precept.

(2) The police and crime commissioner must not issue the proposed precept as the precept for the financial year.

(3) The police and crime commissioner must—

(a) have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),

(b) give the panel a response to the report (and any such recommendations), and

(4) It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with sub-paragraph (3)(c).

(5) Sub-paragraph (2) is subject to regulations under paragraph 8.

Regulations

7

(1) The Secretary of State may make regulations about—

(a) the steps that are required to be taken by paragraphs 2 to 6, and

(b) procedures that are to be followed in taking such steps.

(2) The regulations may, in particular, make provision about the time limits applicable in taking steps or following procedures.

8

(1) The Secretary of State may make regulations about the issuing of precepts in cases where paragraph 6 applies.

(2) The regulations may make provision about—

(a) steps to be taken, and

(b) procedures to be followed.

(3) That includes provision about the time limits applicable in taking steps or following procedures.

(4) The regulations may make provision about limits on the precept that may be issued.

(5) That includes provision about the calculation of limits by reference to—

(a) one or more previous precepts,

(b) the proposed precept, or

(6) The regulations may confer functions on—

(a) police and crime commissioners,

(b) police and crime panels,

(d) any other person.

(7) That includes functions involving the exercise of a discretion.

(8) Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph (1).

SCHEDULE 6

Part 1 — Type of panel which police area is to have

England

1

(1) Each police area in England, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Part 2 of this Schedule.

(2) But the Secretary of State may, by order, provide that any such police area is to have (for as long as the order has effect) a police and crime panel established and maintained in accordance with Part 3 of this Schedule (instead of a panel established and maintained in accordance with Part 2).

(3) The Secretary of State may make an order under sub-paragraph (2) in relation to a single-authority police area only if the Secretary of State is of the opinion that the relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9.

(4) The Secretary of State may make an order under sub-paragraph (2) in relation to a multi-authority police area only if the Secretary of State is of the opinion that all the relevant local authorities have (whether at the same time or at different times) failed to nominate or appoint one or more of their councillors as members of the panel—

(a) in accordance with paragraphs 7 and 9 (in the case of a police area which covers ten or more local authorities), or

(b) in accordance with paragraphs 8 and 9 (in the case of a police area which covers nine or fewer local authorities).

Wales

2

Each police area in Wales is to have a police and crime panel established and maintained in accordance with Part 3 of this Schedule.

Part 2 — Panels established by local authorities

Establishment and maintenance of panels

3

(1) This Part of this Schedule applies in relation to each police area in England (other than the metropolitan police district), unless an order under paragraph 1(2) has effect in relation to the police area.

(2) The local authority or local authorities which such a police area covers must—

(a) establish and maintain a police and crime panel for the police area, and

(b) make the panel arrangements (see paragraph 24) for the police and crime panel.

(3) In the case of a multi-authority police area, all the relevant local authorities must agree to the making or modification of the panel arrangements.

(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

4

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

(a) the relevant number of persons properly appointed 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

(5) A police and crime panel is—

(a) a committee of the relevant local authority (if it is the panel for a single-authority police area), or

(b) a joint committee of the relevant local authorities (if it is the panel for a multi-authority police area).

(6) A police and crime panel may not exercise any functions other than those conferred by this Act or by, or by virtue of, the Fire and Rescue Services Act 2004.

Persons properly appointed as members of panels

5

(1) In this Part of this Schedule, a reference to a person properly appointed as a member of a 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 authority as a member of the panel, in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, 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 10.

(2) In the case of the police and crime panel for a multi-authority police area which covers nine or fewer local authorities, the panel arrangements must make provision as to the relevant local authority or authorities who are to have power to appoint the extra members of the panel (see paragraph 8(3)(b)).

(3) For that purpose “extra members” means the number of members of the panel produced by this calculation—

$$10 − L$where L is the number of local authorities which the police area covers.$

Single-authority police area: nomination by local authority

6

(1) This paragraph applies in relation to the police and crime panel for a single-authority police area.

(2) If the number of appointed members of the police and crime panel is less than the full complement, the relevant local authority may nominate the appropriate number of its councillors to be members of the police and crime panel.

(3) A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(4) In this paragraph—

“appropriate number” means the number that is equal to the difference between—the full complement; andthe number of appointed members of the panel;

“full complement” means ten members.

Police area covering ten or more local authorities: nomination by local authority

7

(1) This paragraph applies in relation to the police and crime panel for a police area which covers ten or more local authorities.

(2) In a case where—

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

(b) there is no member of the panel who was appointed by a particular relevant local authority,

the authority may nominate one of its councillors to be a member of the police and crime panel.

(3) A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(4) In this paragraph, “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).

Multi-authority police area covering nine or fewer local authorities: nomination by local authority

8

(1) This paragraph applies in relation to the police and crime panel for a multi-authority police area which covers nine or fewer local authorities.

(2) In a case where—

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

(b) a particular relevant local authority does not have power under the panel arrangements to appoint an extra member of the panel (see paragraph 5(2)), and

the authority may nominate one of its councillors to be a member of the police and crime panel.

(3) In a case where—

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

(b) a particular relevant local authority has power under the panel arrangements to appoint one or more extra members of the panel (see paragraph 5(2)), and

(c) the number of members of the panel who are members by virtue of appointment by the authority is less than the authority's quota of members,

the authority may nominate the permitted number of its councillors to be members of the police and crime panel.

(4) A relevant local authority may not make a nomination under this paragraph if, and for as long as, a notice given to the authority by the Secretary of State under paragraph 10(8) is in force.

(5) In this paragraph, in relation to a police and crime panel and a relevant local authority—

“full complement” means ten members;

“permitted number” means the number that is equal to the difference between—the authority's quota of members; andthe number of members of the panel who are members by virtue of appointment by the authority;

“quota of members” means the number of members calculated by adding one to the number of extra members of the panel which the authority has power to appoint under the panel arrangements (see paragraph 5(2)).

Appointment after nomination by local authority

9

(1) This paragraph applies where a relevant local authority makes a nomination under paragraph 6, 7 or 8.

(2) If the nominee accepts the nomination, the relevant local authority may appoint the nominated councillor as a member of the panel.

(3) If the nominee does not accept the nomination, the relevant local authority may nominate another of its councillors to be a member of the police and crime panel (and sub-paragraph (2) or this sub-paragraph applies accordingly, as if the nomination were made under paragraph 6, 7 or 8).

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

10

(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—the full complement; andthe 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).

Costs of the panel

11

(1) This paragraph applies to a multi-authority panel.

(2) The panel arrangements must make provision about—

(a) how the relevant local authorities are to meet the costs of the panel; and

(b) insofar as the provision is necessary, how funds paid (whether by the Secretary of State or otherwise) to meet the costs of the panel are to be paid to, or distributed between, the relevant local authorities.

Part 3 — Panels 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

(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

14

In 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

(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—the full complement; andthe 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

17

In 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—the full complement; andthe 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

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).

Part 4 — General provisions

Restrictions on membership of panel

21

The police and crime commissioner for a police area may not be a member of the police and crime panel for the area.

22

(1) A person may not be a co-opted member of the police and crime panel for a police area if the person is any of the following—

(a) a member of the staff of the police and crime commissioner for that police area;

(b) a member of the civilian staff of the police force for that police area;

(d) a member of the National Assembly for Wales;

(e) a member of the Scottish Parliament;

(f) a member of the European Parliament.

(2) Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

(3) A person may not be a co-opted member of the panel if the person is—

(a) a member of staff of the fire and rescue authority, or

(b) if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

(i) transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

(ii) appointed by the chief constable under section 4I(4) of that Act.

23

(1) If the police and crime panel for a police area has two co-opted members, a member of a local authority which is covered by that police area may not be a co-opted member of that panel.

(2) If the police and crime panel for a police area has three or more co-opted members, a member of a local authority which is covered by that police area may be a co-opted member of that panel only if at least two of the other co-opted members are not members of any such local authority.

Panel arrangements

24

(1) Panel arrangements are arrangements for the establishment and maintenance of a police and crime panel.

(2) Panel arrangements must make provision about the co-option of, and holding of office by, the co-opted members of the police and crime panel.

(3) Panel arrangements must include provision about—

(a) the term of office of appointed members and co-opted members of the panel;

(b) resignation, and removal, of appointed members and co-opted members of the panel;

(4) Panel arrangements may not make rules of procedure for the police and crime panel (as to which see paragraph 25).

(5) Panel arrangements may make different provision for different cases.

(6) The following persons must comply with the panel arrangements relating to a police and crime panel—

(a) each relevant local authority;

(b) each member of the police and crime panel.

Rules of procedure

25

(1) A police and crime panel must make rules of procedure for the panel.

(2) A police and crime panel's rules of procedure must make provision about the appointment, resignation and removal of a person to chair the panel.

(3) The police and crime panel's rules of procedure may, in particular, make provision about—

(a) the method of making decisions, and

(b) the formation of sub-committees.

(4) A sub-committee of a police and crime panel may not co-opt members.

(5) This paragraph is subject to paragraph 27.

Voting by members

26

All members of a police and crime panel may vote in proceedings of the panel.

Exercise of special functions

27

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