Citation, commencement and extent1
1
These Regulations may be cited as the Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 and come into force on 22nd November 2012.
2
These Regulations extend to England and Wales.
Interpretation2
In these Regulations—
“English Part 3 panel” means a police and crime panel for a police area in England established and maintained in accordance with Part 3 of Schedule 6;
“councillor”, in relation to a relevant local authority, means a person who—
- a
is a member of the authority; or
- b
is the elected mayor of the mayor and cabinet executive (within the meaning of Part 2 of the Local Government Act 2000 M1) of the authority;
- a
“councillor panel member” means a councillor who—
- a
is appointed as a member of a police and crime panel under paragraph 9, 10, 16 or 18 of Schedule 6; or
- b
is co-opted by the panel under paragraph 4(1)(b) or 13(1)(b) of that Schedule;
- a
“host authority”, in relation to a police and crime panel, means the relevant local authority which is being provided by the Secretary of State under paragraph 11(2)(b) or 20(1)(c) of Schedule 6 with financial resources in connection with the exercise of functions by or in relation to the panel and its members;
“independent panel member” means a person who is co-opted by a police and crime panel under paragraph 4(1)(b) or 13(1)(b) of Schedule 6 and is not a councillor;
“local authority” means—
- a
in relation to England, a county or district council;
- b
in relation to Wales, a county council or a county borough council;
- a
“multi-authority police area” means a police area which covers two or more local authorities;
“Part 2 panel” means a police and crime panel established and maintained in accordance with Part 2 of Schedule 6;
“relevant local authority”, in relation to a police and crime panel, means a local authority which the police area of the panel covers;
“Schedule 6” means Schedule 6 to the Police Reform and Social Responsibility Act 2011;
“single-authority police area” means a police area which covers only one local authority;
“Welsh Part 3 panel” means a police and crime panel for a police area in Wales established and maintained in accordance with Part 3 of Schedule 6.
Application and modification of local authority enactments3
To the extent that they do not already apply, the enactments listed in Part 1 of the Schedule apply in relation to a Part 2 panel and the members of such a panel.
4
The enactments listed in Part 2 of the Schedule apply in relation to an English Part 3 panel and the members of such a panel.
5
The enactments listed in Part 3 of the Schedule apply in relation to a Welsh Part 3 panel and the members of such a panel.
6
In their application by virtue of regulations 3 to 5, the enactments listed in Parts 1 to 3 of the Schedule have effect as if —
a
the functions of the panel were functions of the relevant local authority (in a single-authority police area) or the relevant local authorities (in a multi-authority police area);
b
the panel were a committee of the relevant local authority (in a single-authority police area) or a joint committee of the relevant local authorities (in a multi-authority police area), appointed for the purpose of discharging those functions under section 102(1) of the Local Government Act 1972 M2;
c
a councillor panel member were serving on such a committee (in a single authority police area) or joint committee (in a multi-authority police area) in the member's capacity as a councillor; and
d
an independent panel member were a member of such a committee (in a single-authority police area) or a member of, and representing the host authority on, such a joint committee (in a multi-authority police area), and entitled to vote on any question that falls to be decided at a meeting of the committee or joint-committee.
7
In its application by virtue of regulations 3 to 5 and paragraph 2, 11 or 26 of the Schedule, section 101(2) of the Local Government Act 1972 M3 shall have effect as if it read—
2
Subject to paragraph 27(1) of Schedule 6 to the Police Reform and Social Responsibility Act 2011 (exercise of special functions), a police and crime panel may arrange for the discharge of any of its functions by a sub-committee of the panel or by an officer of any local authority in the police area, and where functions of the panel are discharged by a sub-committee, then, unless the panel directs otherwise, the sub-committee may arrange for the discharge of any of those functions by an officer of any of the local authorities in the police area.