The Police Authority Regulations 2008
| Jurisdiction | UK Non-devolved |
2008No. 630
POLICE, ENGLAND AND WALES
The Police Authority Regulations 2008
6thMarch2008
7thMarch2008
The Secretary of State, in exercise of the powers conferred by section 4(2) and paragraphs 1 and 7 of Schedule 2 to the Police Act 1996 1, makes the following Regulations.
In accordance with paragraph 6 of that Schedule the Secretary of State has consulted with
(a) the Association of Police Authorities,(b) persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,(c) in the case of regulation 6(2) the police authorities for the police areas of Devon and Cornwall, Greater Manchester, Thames Valley, Dyfed Powys and South Wales and the relevant councils in relation to those police authorities,(d) such other persons as he thought fit.PART 1
General Provisions
Citation, commencement, interpretation and application
1.-
(1) These Regulations may be cited as the Police Authority Regulations 2008 and subject to paragraphs (2) and (3) shall come into force on 1st April 2008.
(2) Regulation 4 shall come into force on 1st October 2008.
(3) These Regulations shall apply only in respect of appointments of members of police authorities that take effect on or after 1st October 2008 2.
2.In these Regulations
"the 1994 Regulations" means the Police Authorities (Selection Panel) Regulations 1994 3
"the 1996 Act" means the Police Act 1996
3.These Regulations extend to England and Wales.
Revocations and transitional provisions
4.The 1994 Regulations are revoked.
5.-
(1) Persons appointed under current paragraph 2 (appointment of police authority members by relevant councils) of Schedule 2 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.
(2) Persons appointed under current paragraph 5 (appointment of independent members of police authorities) of Schedule 2 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 9 until the expiry of that term.
(3) A term of office of a person appointed under current paragraph 5 of Schedule 2 to the 1996 Act shall be treated as a term of office of a person appointed under regulation 9 for the purposes of regulation 20(2).
(4) Persons appointed under paragraph 1(2)(a) of Schedule 3 4 (police authorities: selection of independent members) to the 1996 Act shall be treated as persons appointed under regulation 32(a) 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 a police authority shall be treated as a record maintained under regulation 44 of these Regulations.
(6) For persons appointed under these Regulations prior to 1st April 2009 regulation 19 shall apply as if for "of four years" there were substituted "expiring on 31st March 2013".
PART 2
Members of Police Authorities
Number of Members of Police Authorities
6.-
(1) Where, by virtue of section 4 of the 1996 Act (membership of police authorities outside Greater London), a police authority is to consist of seventeen members-
(a) nine of those members shall be members of a relevant council appointed under regulation 7, and(b) eight shall be persons appointed under regulation 9.(2) The police authorities for the police areas of Devon and Cornwall, Greater Manchester, Thames Valley, Dyfed Powys and South Wales shall consist of nineteen members where
(a) ten of those members shall be members of a relevant council appointed under regulation 7, and(b) nine shall be persons appointed under regulation 9.Appointment of members by relevant councils
7.-
(1) In the case of a police authority in relation to which there is only one relevant council, the members referred to in regulation 6(1)(a) or 6(2)(a) shall be appointed by that council.
(2) In any other case, those members shall be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.
(3) The number of members of the joint committee, and the number of those members to be appointed by each relevant council, shall be such as the councils may agree or, in the absence of agreement, as may be determined by the Secretary of State.
8.-
(1) A relevant council or joint committee shall exercise its power to appoint members of a police authority under regulation 6(1)(a) or 6(2)(a) so as to ensure that, so far as practicable, in the case of the members for whose appointment it is responsible, the proportion who are members of any given party-
(a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and(b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.Appointment of independent members
9.-
(1) The members referred to in regulation 6(1)(b) or 6(2)(b) shall be appointed-
(a) by the existing members of the 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 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 police authority for the purposes of paragraph (1)(a).
10.-
(1) Every police authority shall arrange for a notice stating-
(a) the name of each of its members appointed under regulation 9,(b) such other information relating to each of such members as the police authority considers appropriate,to be published in such manner as appears to it to be appropriate.
(2) A police authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under paragraph (1).
11.At least one of the members referred to in regulation 6(1)(b) or 6(2)(b) shall be a lay justice for an area all or part of which constitutes or forms part of the police authority's area.
Chairman and Vice Chairman
12.-
(1) A police authority shall at each annual meeting appoint a chairman from among its members.
(2) The appointment under paragraph (1) shall be the first business transacted at the meeting.
(3) On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made-
(a) at the next meeting of the 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.13.-
(1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
(2) The making of appointments under paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
(3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the police authority held more than fourteen days after the occurrence of the vacancy.
(4) Subject to any standing orders made by a 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 authority.
Disqualification
14.-
(1) Subject to sub-paragraphs (3) and (4), a person shall be disqualified from being appointed as or being a member of a police authority if-
(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the 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 1986 5, to a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 6...To continue reading
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