Police Reform and Social Responsibility Act 2011

Duty to nominate elected mayor to be a member of the panel E+W

33 (1) This paragraph applies if— E+W

(a) a local authority has a mayor and cabinet executive, and

(b) the elected mayor of that executive is not a member of the relevant police and crime panel.

(2) If the relevant local authority has power under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) to nominate one or more of its councillors to be members of that panel, any exercise of that power must be such as to secure that the elected mayor is the councillor, or one of the councillors, so nominated.

(3) If the Secretary of State is required by paragraph 10(2), 16(4)(b) or 18(2) to nominate one or more persons to be members of that panel, the Secretary of State must secure that the elected mayor is the person, or one of the persons, so nominated.

(4) The duty in sub-paragraph (2) or (3) does not apply at a particular time if the person who holds office as the elected mayor at that time (the “current mayor”)—

(a) has, since the start of the current mayoral term, already been nominated to be a member of that panel (whether by the relevant local authority or the Secretary of State), and

(b) did not become a member of that panel by virtue of the nomination.

(5) But sub-paragraph (4) does not prevent the exercise of a power under this Schedule so as to make a further nomination of the current mayor to be a member of that panel.

Modifications etc. (not altering text)

C1 Sch. 6 paras. 33-35 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(g)

Commencement Information

I1 Sch. 6 para. 33 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

34 (1) This paragraph applies if— E+W

(a) a local authority has a mayor and cabinet executive,

(b) under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority nominates the person who holds office as elected mayor of the executive at that time (the “current mayor”) to be a member of the relevant police and crime panel,

(c) that is the first such nomination of the current mayor since the start of the current mayoral term, and

(d) the current mayor does not become a member of that panel by virtue of the nomination.

(2) The Secretary of State may not, by virtue of that failure of the current mayor to become a member of the police and crime panel, nominate a person to be a member of that panel under paragraph 10(2) or 16(4)(b).

Modifications etc. (not altering text)

C1 Sch. 6 paras. 33-35 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(g)

Commencement Information

I2 Sch. 6 para. 34 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)

35 (1) This paragraph applies for the purposes of paragraphs 33 and 34 and this paragraph. E+W

(2) A reference to the start of the current mayoral term of a person who is the elected mayor of the executive of a local authority is a reference to the time when that person—

(a) took office as elected mayor of that executive (if that person has been so elected on only one occasion), or

(b) most recently took office as elected mayor of that executive (if that person has been so elected on two or more occasions).

(3) The “relevant police and crime panel”, in relation to a local authority, is the police and crime panel for the police area which covers that authority.

(4) The expressions “elected mayor” and “mayor and cabinet executive” have the same meanings as in Part 2 of the Local Government Act 2000.

Modifications etc. (not altering text)

C1 Sch. 6 paras. 33-35 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(g)

Commencement Information

I3 Sch. 6 para. 35 in force at 25.4.2012 by S.I. 2012/1129, art. 2(e)