Police Act 1996

Section 4.

SCHEDULE 2 E+W Police authorities established under section 3

Membership of police authorities E+W

1 (1) Where, by virtue of section 4, a police authority is to consist of seventeen members— E+W

(a) nine of those members shall be members of a relevant council appointed under paragraph 2,

(b) five shall be persons appointed under paragraph 5, and

(c) three shall be magistrates appointed under paragraph 8.

(2) Where, by virtue of an order under subsection (2) of that section, a police authority is to consist of more than seventeen members—

(a) a number which is greater by one than the number of members provided for in paragraphs (b) and (c) below shall be members of a relevant council 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 5, and

(c) the remainder shall be magistrates appointed under paragraph 8.

Appointment of members by relevant councils E+W

2 (1) In the case of a police authority in relation to which there is only one relevant council, the members of the police authority referred to in paragraph 1(1)(a) or (2)(a) shall be appointed by that council. E+W

(2) In any other case, those members shall be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.

Modifications etc. (not altering text)

C1 Sch. 2 paras. 2-4 amended (16.11.2000) by S.I. 2000/2853, reg. 3(1), Sch. 2 para. 8

3 E+W The number of members of the joint committee, and the number of those members to be appointed by each relevant council, shall be such as the councils may agree or, in the absence of agreement, as may be determined by the Secretary of State.

Modifications etc. (not altering text)

C2 Sch. 2 paras. 2-4 amended (16.11.2000) by S.I. 2000/2853, reg. 3(1), Sch. 2 para. 8

4 (1) A council or joint committee shall exercise its power to appoint members of a police authority under paragraph 2 so as to ensure that, so far as practicable, [F1 in the case of the members for whose appointment it is responsible, the proportion who are members of any given party— E+W

(a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and

(b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 4(1)(a)(b) and preceding words substituted (19.6.2001) for words by 2001 c. 16, s. 105(1); S.I. 2001/2223, art. 2(b)

F2 Sch. 2 para. 4(2) repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 105(2), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4

Modifications etc. (not altering text)

C3 Sch. 2 paras. 2-4 amended (16.11.2000) by S.I. 2000/2853, reg. 3(1), Sch. 2 para. 8

Appointment of independent members E+W

5 E+W The members of a police authority referred to in paragraph 1(1)(b) or (2)(b) shall be appointed—

(a) by the members of the police authority appointed under paragraph 2 or 8,

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

6 (1) Every police authority shall arrange for a notice stating— E+W

(a) the name of each of its members appointed under paragraph 5, and

(b) such other information relating to him as the authority considers appropriate,

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

(2) A 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

7 E+W The members of a police authority referred to in paragraph 1(1)(c) or (2)(c)—

(a) must be magistrates for an area all or part of which constitutes or forms part of the authority’s area, and

(b) shall be appointed in accordance with paragraph 8;

and in that paragraph references to a panel are references to a selection panel constituted under regulations made in accordance with [F3 section 29(2) of the Justices of the Peace Act 1997].

Textual Amendments

F3 Words in Sch. 2 para. 7 substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 37(3)(a)

F4 8 (1) Where there is a panel for an area which constitutes or includes the police authority’s area, that panel shall make the appointment. E+W

(2) Where the area of more than one panel falls wholly or partly within the police authority’s area, the appointment shall be made by a joint committee consisting of representatives from the panels concerned.

(3) The number of members of a joint committee, and the number of those members to be appointed by each panel, shall be such as the panels may agree or, in the absence of agreement, as may be determined by the Lord Chancellor.

Textual Amendments

F4 Sch. 2 para. 8 excluded (temp.) by S.I. 1998/1432, art. 5, Sch. para. 4(7)

Chairman E+W

9 (1) A police authority shall at each annual meeting appoint a chairman from among its members. E+W

(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 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.

Vice-chairmen E+W

[F5 9A (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.

(2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.

(3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy.

(4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.]

Textual Amendments

F5 Sch. 2 para. 9A inserted (19.6.2001) by 2001 c. 16, s. 104(1); S.I. 2001/2223, art. 2(b)

Disqualification E+W

F6 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 para. 10 repealed (19.6.2001) by 2001 c. 16, ss. 106(1)(a), 137, Sch. 7 Pt. IV; S.I. 2001/2223, art. 2(h)(i)

11 (1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified for being appointed as or being a member of a police authority if— E+W

(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the authority is represented, or by any 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 [F7 or disqualification undertaking]under the M1 Company Directors Disqualification Act 1986 [F8 to a disqualification order under Part II of the M2 Companies (Northern Ireland) Order 1989], 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 on which the authority is represented and 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.

(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.

Textual Amendments

F7 Words in Sch. 2 para. 11(1)(c) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 20(a); S.I. 2000/766, art. 2(1)(a)

F8 Words in Sch. 2 para. 11(1)(c) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 20(b); S.I. 2001/766, art. 2(1)(a)

Marginal Citations

M1 1986 c. 46.

M2 S.I. 1989/2404 (N.I. 18).

M3 1986 c. 45.

F9 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 2 para. 12 repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 105(3), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4

13 (1) Without prejudice to [F10 paragraph 11], a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 if— E+W

(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 area of the authority during the whole of the period of twelve months ending with the day of appointment.

(2) Without prejudice to [F10 paragraph 11], 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 that area.

Textual Amendments

F10 Words in Sch. 2 para. 13 substituted (19.6.2001) by 2001 c. 16, s. 106(2); S.I. 2001/2223, art. 2(b)

14 (1) Without prejudice to [F11 paragraph 11], a person shall be disqualified for being appointed as a member of a police authority under paragraph 5, and for being a member so appointed, if he is— E+W

(a) a member of the council for a county, district, county borough or London borough which is wholly or partly within the area of the police authority;

(b) a magistrate eligible for appointment to the police authority under paragraph 8;

(c) a member of the selection panel for the police authority’s area established under Schedule 3;

(d) a member of a police force;

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

(f) an officer or employee of a relevant council.

(2) A person shall not be regarded for the purposes of sub-paragraph (1)(f) as an employee of a relevant 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.

Textual Amendments

F11 Words in Sch. 2 para. 14 substituted (19.6.2001) by 2001 c. 16, s. 106(2); S.I. 2001/2223, art. 2(b)

Tenure of office E+W

15 E+W Subject to the following paragraphs (and to the provisions of any order under section 4(2)) a person shall hold and vacate office as a member of a police authority in accordance with the terms of his appointment.

16 (1) A person shall be appointed to hold office as a member for— E+W

(a) a term of four years F12 . . ., or

(b) such shorter term as the 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 5 for a term shorter than four years without the approval of the Secretary of State.

Textual Amendments

F12 Words in Sch. 2 para. 16(1)(a) repealed (19.6.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. IV; S.I. 2001/2223, art. 2(h)(i)

17 (1) A person may at any time resign his office as a member, or as chairman [F13 or vice-chairman], by notice in writing to the police authority. E+W

(2) Where a member appointed under paragraph 5 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.

Textual Amendments

F13 Words in Sch. 2 para. 17(1) inserted (19.6.2001) by 2001 c. 16, s. 104(4)(a); S.I. 2001/2223, art. 2(b)

18 (1) A member of a relevant council appointed to be a member of a police authority under paragraph 2 shall cease to be a member of the authority if he ceases to be a member of the council (and does not on the same day again become a member of the council). E+W

(2) A magistrate appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a magistrate for an area all or part of which constitutes or forms part of the authority’s area.

19 (1) A police authority may remove a member from office by notice in writing if— E+W

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

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 11),

(c) the police authority is satisfied that the member is incapacitated by physical or mental illness, or

(d) the police authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) Where a 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 8, to the body which appointed him, and

(b) in the case of a member appointed under paragraph 5, to the Secretary of State.

20 E+W A council or joint committee may remove from office a member of a police authority appointed by it under paragraph 2 with a view to appointing another in his place if it considers that to do so would further the object provided for by paragraph 4.

21 E+W If a chairman [F14 or vice-chairman] of a police authority ceases to be a member, he shall also cease to be chairman [F14 or vice-chairman].

Textual Amendments

F14 Words in Sch. 2 para. 21 inserted (19.6.2001) by 2001 c. 16, s. 104(4)(a); S.I. 2001/2223, art. 2(b)

Eligibility for re-appointment E+W

22 E+W A person who ceases to be a member, otherwise than by virtue of paragraph 19, or ceases to be chairman [F15 or vice-chairman], may (if otherwise eligible) be re-appointed.

Textual Amendments

F15 Words in Sch. 2 para. 22 inserted (19.6.2001) by 2001 c. 16, s. 104(4)(a); S.I. 2001/2223, art. 2(b)

Validity of acts E+W

23 E+W The acts and proceedings of any person appointed to be a member or chairman [F16 or vice-chairman] of a 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.

Textual Amendments

F16 Words in Sch. 2 para. 23 inserted (19.6.2001) by 2001 c. 16, s. 104(4)(a); S.I. 2001/2223, art. 2(b)

24 E+W The proceedings of a police authority shall not be invalidated by a vacancy in the membership of the authority or in the office of chairman [F17 by a vacancy for a vice-chairman] or by any defect in the appointment of a person as a member or as chairman [F18 or vice-chairman].

Textual Amendments

F17 Words in Sch. 2 para. 24 inserted (19.6.2001) by 2001 c. 16, s. 105(a); S.I. 2001/2223, art. 2(b)

F18 Words in Sch. 2 para. 24 inserted (19.6.2001) by 2001 c. 16, s. 105(b); S.I. 2001/2223, art. 2(b)

Allowances E+W

25 (1) A police authority may make to its chairman [F19 , vice-chairmen] and other members such payments by way of reimbursement of expenses F20 . . . as the Secretary of State may, with the approval of the Treasury, determine.

(2) Payments made under sub-paragraph (1) may differ according to whether the recipient is a chairman [F21 vice-chairman] or other member or was appointed under paragraph 2, 5 or 8.

Textual Amendments

F19 Words in Sch. 2 para. 25 inserted (19.6.2001) by 2001 c. 16, s. 104(6)(a); S.I. 2001/2223, art. 2(b)

F20 Words in Sch. 2 para. 25(1) repealed (1.12.2001) by 2001 c. 16, ss. 107(1)(a), 137, Sch. 7 Pt. IV; S.I. 2001/3736, art. 2(g)

F21 Words in Sch. 2 para. 25 inserted (19.6.2001) by 2001 c. 16, s. 104(6)(b); S.I. 2001/2223, art. 2(b)

Allowances for members etc. E+W

[F22 25A (1) Subject to the following provisions of this paragraph, a police authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as the authority may determine.

(2) Subject to sub-paragraph (6), no payment shall be made under this paragraph except in accordance with arrangements published by the authority not more than twelve months before the making of the payment.

(3) A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority.

(4) It shall be the duty of a police authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.

(5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or other member or is appointed under paragraph 2, 5 or 8.

(6) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

(7) A statutory instrument containing regulations under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F22 Sch. 2 para. 25A inserted (1.12.2001) by 2001 c. 16, s. 107(2); S.I. 2001/3736, art. 2(c)

Members of standards committees E+W

[F23 25B Paragraphs 25 and 25A shall have effect in relation to a police authority as if references to members of the authority included references to persons who are not members of the authority but are members of the authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the authority but are members of the authority’s standards committee.]

Textual Amendments

F23 Sch. 2 para. 25B inserted (1.12.2001) by 2001 c. 16, s. 107(2); S.I. 2001/3736, art. 2(c)

Interpretation E+W

26 (1) For the purposes of this Schedule, a council is a “relevant council” in relation to a police authority if— E+W

(a) it is the council for a county, district, [F24 or county borough]which constitutes, or is wholly within, the authority’s police area, and

(b) in the case of a district council, the district is not in a county having a county council within paragraph (a).

F25 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Words in Sch. 2 para. 26(1)(a) substituted (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 105(4)(a) (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4

F25 Sch. 2 para. 26(2) repealed (1.4.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 105(4)(b), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 1999/3271, art. 4

27 E+W In this Schedule “magistrate” has the same meaning as in [F26 the Justices of the Peace Act 1997].

Textual Amendments

F26 Words in Sch. 2 para. 27 substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 37(3)(b)