The Metropolitan Police Authority Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/631 |
| Year | 2008 |
2008 No. 631
POLICE, ENGLAND AND WALES
The Metropolitan Police Authority Regulations 2008
6thMarch 2008
7thMarch 2008
1stApril 2008
The Secretary of State, in exercise of the powers conferred by paragraphs 1 and 7 of Schedule 2A to the Police Act 19961, makes the following Regulations.
In accordance with paragraph 6 of that Schedule the Secretary of State has consulted with-
(a) the Metropolitan Police Authority,(b) the Association of Police Authorities,(c) the Greater London Authority,(d) persons whom he considers to represent the interests of London Boroughs,(e) such other persons as he thought fit.PART 1
General Provisions
Citation, commencement, interpretation and extent
1.-
(1) These Regulations may be cited as the Metropolitan Police Authority Regulations 2008 and subject to paragraph (2) shall come into force on 1st April 2008.
(2) These Regulations shall apply only in respect of appointments of members of the Metropolitan Police Authority that take effect on or after 1st October 20082.
2.In these Regulations-
"the Mayor" means the Mayor of London,
"the 1994 Regulations" means the Police Authorities (Selection Panel) Regulations 19943,
"the 1996 Act" means the Police Act 1996,
3.These Regulations extend to England and Wales.
Transitional provisions
4.-
(1) A person appointed under current paragraph 2 (appointment of Metropolitan Police Authority members by the Mayor) of Schedule 2A to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 6 until the expiry of that term.
(2) A person appointed under current paragraph 3 (appointment of independent members of the Metropolitan Police Authority) of Schedule 2A to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 7 until the expiry of that term.
(3) A term of office of a person appointed under current paragraph 3 of Schedule 2A to the 1996 Act shall be treated as a term of office of a person appointed under regulation 7 for the purposes of regulation 18(2).
(4) A person appointed under current paragraph 1(2)(a) of Schedule 34 (Police authorities: selection of independent members) to the 1996 Act shall be treated as persons appointed under regulation 30(b) until the expiry of their term of office under that Schedule.
(5) The record maintained by a selection panel under regulation 7 (record maintained by the panel) of the 1994 Regulations of persons who have applied to be considered for appointment as a member of the Metropolitan Police Authority shall be treated as a record maintained under regulation 43 of these Regulations.
PART 2
Members of the Metropolitan Police Authority
Number of Members of the Metropolitan Police Authority
5.Where, by virtue of section 5C of the 1996 Act (membership of the Metropolitan Police Authority), the Metropolitan Police Authority is to consist of twenty-three members-
(a) twelve of those members shall be members of the London Assembly appointed under regulation 6, and(b) eleven shall be persons appointed under regulation 7.Appointment of members from the London Assembly
6.-
(1) The members referred to in regulation 5(a) shall be appointed by the Mayor.
(2) The Mayor shall exercise his power to appoint members of the Metropolitan Police Authority under paragraph (1) so as to ensure that, so far as practicable, in the case of the members for whose appointment he is responsible, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party.
(3) One of the members appointed by the Mayor under paragraph (1) may be the Mayor himself.
Appointment of independent members
7.-
(1) Ten of the members referred to in regulation 5(b) shall be appointed-
(a) by the existing members of the Metropolitan Police Authority,(b) from among persons on a short-list prepared by a selection panel in accordance with Part 3 of these Regulations.(2) Where an existing member of the Metropolitan Police Authority is on the short-list referred to in paragraph (1)(b) that person shall not be entitled to play any role in the appointment of persons from that short-list and shall not be considered to be an existing member of the Metropolitan Police Authority for the purposes of paragraph (1)(a).
(3) One of the members referred to in regulation 5(b) shall be appointed by the Secretary of State.
8.-
(1) The Metropolitan Police Authority shall arrange for a notice stating-
(a) the name of each of its members appointed under regulations 6 and 7,(b) such other information relating to each of such members as the Metropolitan Police Authority considers appropriate,to be published in such manner as appears to it to be appropriate.
(2) The Metropolitan Police Authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under paragraph (1).
9.At least one of the members referred to in regulation 5(b) shall be a lay justice for an area all or part of which constitutes or forms part of the metropolitan police district.
Chairman and Vice-Chairman
10.-
(1) If the Mayor is a member of the Metropolitan Police Authority, he is to be chairman.
(2) If the Mayor is not a member of the Metropolitan Police Authority he shall before each annual meeting appoint a chairman from among its members.
(3) On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made by the Mayor -
(a) before the next meeting of the Metropolitan Police Authority (other than an extraordinary meeting), or(b) if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.11.-
(1) Before an annual meeting of the Metropolitan Police Authority the Mayor may appoint one or more vice-chairmen from among the members of the Metropolitan Police Authority.
(2) Where a vice-chairman ceases to hold office at any time between annual meetings, the Mayor may make an appointment to fill the vacancy at any meeting of the Metropolitan Police Authority held more than fourteen days after the occurrence of the vacancy.
(3) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before its chairman may be done by, to or before any vice-chairman of the Metropolitan Police Authority.
Disqualification
12.-
(1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified from being appointed as or being a member of the Metropolitan Police Authority if-
(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the Metropolitan Police Authority or any committee or sub-committee of the Metropolitan Police Authority, or by a joint committee on which the Metropolitan Police Authority is represented, or by any person holding any such office or employment;(b) a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;(c) he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 19865, to a disqualification order under Part II of the Companies (Northern Ireland) Order 19896, to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 20027 or to an order made under section 429(2)(b) of the Insolvency Act 19868 (failure to pay under county court administration order); or(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.(2) A paid employee of the Metropolitan Police Authority who is employed under the direction of a joint board, joint authority or joint committee on which the Metropolitan Police Authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified from being appointed as or being a member of the Metropolitan Police Authority.
(3) Where a person is disqualified under paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease-
(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.(4) Where a person is disqualified under paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full...
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