C2Part 1Police reform
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.
Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)