Greater London Authority Act 1999

Section 310.

SCHEDULE 26 E+W+S The Metropolitan Police Authority: Schedule 2A to the Police Act 1996

Commencement Information

I1 Sch. 26 wholly in force at 3.7.2000; Sch. 26 not in force at Royal Assent see s. 425(2); Sch. 26 in force for specified purposes at 1.1.2000 by S.I. 1999/3271, art. 3(c); Sch. 26 in force, in so far as not already in force, for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and for all other purposes at 3.7.2000 by S.I. 2000/1095, art. 4(2)(b), 5, 6

“Schedule 2A E+W+S The Metropolitan Police Authority

Membership E+W+S

1 (1) Where the Metropolitan Police Authority is to consist of twenty three members—

(a) twelve of those members shall be members of the London Assembly appointed under paragraph 2,

(b) seven shall be persons appointed under paragraph 3, and

(c) four shall be magistrates appointed under paragraph 5.

(2) Where, by virtue of an order under section 5C(2), the Metropolitan Police Authority is to consist of a number of members other than twenty three—

(a) a number which is greater by one than the number of members provided for in paragraphs (b) and (c) shall be members of the London Assembly appointed under paragraph 2,

(b) such number as may be prescribed by the order, not exceeding one third of the total membership, shall be persons appointed under paragraph 3, and

(c) the remainder shall be magistrates appointed under paragraph 5.

Appointment of members by the Mayor E+W+S

2 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(a) or (2)(a) shall be appointed by the Mayor of London in accordance with this paragraph.

(2) One of those members must be the Deputy Mayor, except as provided by paragraphs 9(2)(b) and 17(b) of Schedule 4 to the Greater London Authority Act 1999 or unless the Deputy Mayor is disqualified for being appointed as or being a member of the Metropolitan Police Authority under paragraph 7 below.

(3) The Mayor (or, where paragraph 9(2)(b) or 17(b) of Schedule 4 to that Act applies, the Chair of the London Assembly) shall ensure that, so far as practicable, the members for whose appointment he is responsible reflect the balance of parties for the time being prevailing among the members of the London Assembly.

Appointment of independent members E+W+S

3 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(b) or (2)(b) shall be appointed in accordance with this paragraph.

(2) One shall be appointed by the Secretary of State.

(3) The remainder shall be appointed—

(a) by the members of the Metropolitan Police Authority appointed under paragraph 2 or 5,

(b) from among persons on a short-list prepared by the Secretary of State in accordance with Schedule 3.

(4) In the application of Schedule 3 in relation to the appointment of the first members of the Metropolitan Police Authority, the selection panel referred to in paragraph 1(1)(b) of that Schedule shall, instead of being constituted in accordance with sub-paragraphs (2) and (3) of that paragraph, be constituted in accordance with sub-paragraph (5) below.

(5) The selection panel shall consist of three members, of whom—

(a) one shall be appointed by the Secretary of State;

(b) one shall be appointed by the Secretary of State after consultation with persons whom, or organisations which, he considers represent the interests of local government in Greater London; and

(c) one shall be appointed by the two members of the panel appointed by virtue of paragraphs (a) and (b).

(6) Notwithstanding paragraph 3(1A) of Schedule 3, the persons appointed under paragraphs (b) and (c) of sub-paragraph (5) shall cease to hold office when all the first members of the Metropolitan Police Authority have been appointed (but shall be eligible for further appointment under Schedule 3); but an appointment under paragraph (a) of that sub-paragraph shall have effect thereafter as if it had been an appointment under paragraph 1(2)(b) of that Schedule.

4 (1) The Metropolitan Police Authority shall arrange for a notice stating—

(a) the name of each of its members appointed under paragraph 3(2) or (3), and

(b) such other information relating to any such member as the Metropolitan Police Authority considers appropriate,

to be published in such manner as appears to it to be appropriate.

(2) The Metropolitan Police Authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under sub-paragraph (1).

Appointment of magistrates E+W+S

5 The members of the Metropolitan Police Authority referred to in paragraph 1(1)(c) or (2)(c)—

(a) must be magistrates for commission areas which are wholly or partly within the metropolitan police district, and

(b) shall be appointed by the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the M1 Peace Act 1997.

Chairman E+W+S

6 (1) The Metropolitan Police Authority shall at each annual meeting appoint a chairman from among its members.

(2) The appointment under sub-paragraph (1) shall be the first business transacted at the meeting.

(3) On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made—

(a) at the next meeting of the Metropolitan Police Authority (other than an extraordinary meeting), or

(b) if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.

Disqualification E+W+S

7 (1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified for being appointed as or being a member of the Metropolitan Police Authority if—

(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the Metropolitan Police Authority or any committee or sub-committee of the Metropolitan Police Authority, or by a joint committee on which the Metropolitan Police Authority is represented, or by a person holding any such office or employment;

(b) a bankruptcy order has been made against him, or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c) he is subject to a disqualification order under the M2 Company Directors Disqualification Act 1986, or to an order made under section 429(2)(b) of the M3 Insolvency Act 1986 (failure to pay under county court administration order); or

(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2) A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee—

(a) on which that police authority is represented, and

(b) any member of which is appointed on the nomination of some other police authority,

shall be disqualified for being appointed as, or being, a member of that other police authority if either of those police authorities is the Metropolitan Police Authority.

(3) Where a person is disqualified under sub-paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(4) Where a person is disqualified under sub-paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(5) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

8 (1) Without prejudice to paragraph 7, a person shall be disqualified for being appointed as a member of the Metropolitan Police Authority under paragraph 3 if—

(a) he has not yet attained the age of twenty-one years, or

(b) neither his principal or only place of work, nor his principal or only place of residence, has been in the metropolitan police district during the whole of the period of twelve months ending with the day of appointment.

(2) Without prejudice to paragraph 7, a person shall be disqualified for being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within the metropolitan police district.

9 (1) Without prejudice to paragraph 7, a person shall be disqualified for being appointed as a member of the Metropolitan Police Authority under paragraph 3, and for being a member so appointed, if he is—

(a) a member of a London borough council;

(b) the Mayor of London;

(c) a member of the London Assembly;

(d) a magistrate for a commission area which is wholly or partly within the metropolitan police district;

(e) a member of the selection panel for the metropolitan police district established under Schedule 3;

(f) a member of a police force;

(g) an officer or employee of a police authority; or

(h) an officer or employee of the Greater London Authority or of a London borough council.

(2) A person shall not be regarded for the purposes of sub-paragraph (1)(h) as an employee of a London borough council by reason of his holding—

(a) the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or

(b) any other post as a teacher or lecturer in any such school, college, institution or establishment.

Tenure of office E+W+S

10 Subject to the following paragraphs (and to the provision of any order under section 5C(2)) a person shall hold and vacate office as a member of the Metropolitan Police Authority in accordance with the terms of his appointment.

11 (1) A person shall be appointed to hold office as a member for—

(a) a term of four years, or

(b) such shorter term as the person or body appointing him may determine in any particular case.

(2) A person shall not, by virtue of sub-paragraph (1)(b), be appointed under paragraph 3(3) for a term shorter than four years without the approval of the Secretary of State.

12 (1) A person may at any time resign his office as a member, or as chairman, by notice in writing to the Metropolitan Police Authority.

(2) Where a member appointed under paragraph 3 resigns his office as a member under sub-paragraph (1) of this paragraph, he shall send a copy of the notice to the Secretary of State.

13 (1) A member of the London Assembly appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of the Metropolitan Police Authority if he ceases to be a member of the London Assembly (and does not immediately again become a member of the London Assembly).

(2) The Deputy Mayor appointed to be a member of the Metropolitan Police Authority under paragraph 2 shall cease to be a member of that Authority if he ceases to be Deputy Mayor.

(3) A magistrate appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of that Authority if he ceases to be one of the magistrates for commission areas which are wholly or partly within the metropolitan police district.

14 (1) The Metropolitan Police Authority may remove a member from office by notice in writing if—

(a) he has been absent from meetings of the Metropolitan Police Authority for a period longer than three consecutive months without the consent of the Metropolitan Police Authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 7),

(c) the Metropolitan Police Authority is satisfied that the member is incapacitated by physical or mental illness, or

(d) the Metropolitan Police Authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) Where the Metropolitan Police Authority removes a member under sub-paragraph (1), it shall give notice of that fact—

(a) in the case of a member appointed under paragraph 2 or 5, to the body or person which appointed him, and

(b) in the case of a member appointed under paragraph 3, to the Secretary of State.

15 The Mayor of London may remove from office a member of the Metropolitan Police Authority appointed by him under paragraph 2 with a view to appointing another in his place if he considers that to do so would further the object provided for by paragraph 2(3).

16 If the chairman of the Metropolitan Police Authority ceases to be a member, he shall also cease to be chairman.

Eligibility for re-appointment E+W+S

17 A person who ceases to be a member, otherwise than by virtue of paragraph 14, or ceases to be chairman may (if otherwise eligible) be re-appointed.

Validity of acts E+W+S

18 The acts and proceedings of any person appointed to be a member or chairman of the Metropolitan Police Authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

19 The proceedings of the Metropolitan Police Authority shall not be invalidated by a vacancy in the membership of the Metropolitan Police Authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

Allowances E+W+S

20 (1) The Metropolitan Police Authority may make to its chairman and other members such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine.

(2) Payments by way of allowances shall not be made to members of the Metropolitan Police Authority who are also members of the London Assembly.

(3) Payments made under sub-paragraph (1) may differ according to whether the recipient is the chairman or one of the other members of the Metropolitan Police Authority or was appointed under paragraph 2, 3 or 5.

Mayor’s functions to be exercised by him personally E+W+S

21 Any functions exercisable by the Mayor of London under this Schedule may only be exercised by him personally.

Interpretation E+W+S

22 In this Schedule—

• “commission area” has the same meaning as in the Justices of the M4 Peace Act 1997;

• “magistrate” has the same meaning as in the Justices of the M5 Peace Act 1997.”

Marginal Citations

M1 1997 c. 25.

M2 1986 c. 46.

M3 1986 c. 45.

M4 1997 c. 25.

M5 1997 c. 25.