C2Part 1Police reform

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CHAPTER 6Police and crime commissioners: elections and vacancies

Vacancy in office of police and crime commissioner

I1C160Declaration of vacancy in certain cases

1

Subsection (2) applies where—

a

a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—

i

from being a police and crime commissioner, or

ii

from being the police and crime commissioner for the police area,

b

the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or

c

a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months).

2

The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

a

it has been declared vacant by the High Court, or

b

an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.