Explanatory Note
(This note is not part of the Regulations)
Under Schedule 1B to the Police Act 1964 (as inserted by Schedule 2 to the Police and Magistrates' Courts Act 1994), police authorities established under section 3 of the 1964 Act (as substituted by section 2 of the 1994 Act) consist of three categories of members. These are councillor members (appointed under paragraph 2 of Schedule 1B); magistrate members (appointed under paragraph 8 of that Schedule); and members appointed (under paragraph 5 of that Schedule) by the councillor and magistrate members from a short-list prepared by the Secretary of State under Schedule 1C to the 1964 Act (as inserted by Schedule 2 to the 1994 Act). The short-list derives from a list of persons willing to be so appointed who are nominated by a selection panel. These Regulations, which extend to England and Wales only, provide for the procedures to be followed in relation to the selection of persons for nomination under paragraph 8 of Schedule 1C and the conduct of the proceedings of the selection panel.
Regulation 5 provides for the content of applications from members of the public wishing to be considered for appointment under paragraph 5 of Schedule 1B. Regulation 6 requires the panel to consider such applications (regulation 6(1)); makes provision for majority voting (regulation 6(4)); and for decisions to be taken when only two members of a panel are present subject to the safeguards in regulation 6(5).
Regulation 7 requires the panel to make a record of applicants and such a record may be used under regulation 8 for the purpose of making future nominations under paragraph 8 of Schedule 1C without complying with the requirement to advertise in local newspapers which is imposed by regulation 4(1) if either of the conditions in regulation 4(4) is satisfied. Regulation 4(2) sets out the content of such advertisements and regulation 3 requires the clerk to the police authority to notify the panel of a vacancy or impending vacancy amongst the members of the police authority who are appointed from those nominated by the panel.