SCHEDULE 2Police authorities established under section 3

Section 4

Membership of police authorities

1

1

The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3.

2

Regulations under this paragraph shall provide for a police authority to consist of—

a

persons who are members of a relevant council, and

b

other persons, including at least one lay justice.

3

Those regulations shall—

a

specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and

b

secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph.

4

Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description.

5

Those regulations may include provision as to—

a

how a member is to be appointed;

b

disqualification for membership;

c

the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

d

re-appointment as a member;

e

the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;

f

the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;

g

the payment of remuneration and allowances to a member and the reimbursement of expenses.

Appointment of councillor members

2

Regulations under paragraph 1 shall provide that—

a

in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council;

b

in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.

Appointment of other members

3

1

Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed—

a

by the existing members of the authority,

b

from among persons on a short-list prepared by a selection panel.

2

Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.

3

Those regulations may include provision as to—

a

the number of members of a selection panel;

b

how and by whom a member of a panel is to be appointed;

c

disqualification for membership;

d

the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

e

re-appointment as a member of a panel;

f

the conduct of proceedings of a panel, including any procedures that a panel is to follow;

g

the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;

h

the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;

i

the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.

Chairman and vice chairmen

4

1

The Secretary of State shall by regulations provide that—

a

a police authority is to appoint a chairman from among its members at each annual meeting; and

b

at an annual meeting a police authority may appoint one or more vice-chairmen from among its members.

2

Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—

a

qualification and disqualification for appointment;

b

the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);

c

eligibility for re-appointment;

d

the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

e

the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

f

the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committees

5

The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.

Consultation

6

Before making regulations under this Schedule the Secretary of State shall consult—

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 regulations that are not to apply to all police authorities established under section 3—

i

any police authority to which the regulations are to apply, and

ii

any relevant council in relation to such an authority,

and

d

such other persons as he thinks fit.

Supplementary

7

1

Regulations under this Schedule may make different provision for different police authorities.

2

Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

3

A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

8

1

For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for—

a

a county, or

b

a district comprised in an area for which there is no county council,

which constitutes, or is wholly within, the authority's police area.

2

For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area.

9

In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.