Police Reform and Social Responsibility Act 2011

Failure of local authority to appoint member: nomination and appointment by Secretary of StateE+W

10(1)This paragraph applies if the Secretary of State is satisfied that—E+W

(a)the number of appointed members of a police and crime panel is less than the full complement, and

(b)a relevant local authority (the “defaulting local authority”)—

(i)has failed to nominate or appoint one or more of its councillors as members of the panel in accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and 9, or

(ii)does not have power to make such a nomination and appointment because of paragraph 6(3), 7(3) or 8(4).

(2)The Secretary of State must nominate the appropriate number of persons who are councillors of relevant local authorities to be members of the police and crime panel.

(3)Sub-paragraph (4) or (5) applies in relation to each nomination which the Secretary of State is required to make under sub-paragraph (2).

(4)If the nominee accepts the nomination, the Secretary of State must appoint the nominated councillor as a member of the panel.

(5)If the nominee does not accept the nomination, the Secretary of State must nominate another person who is a councillor of a relevant local authority to be a member of the police and crime panel (and sub-paragraph (4) or this sub-paragraph applies accordingly, as if the nomination were made under sub-paragraph (2)).

(6)In complying with this paragraph in relation to the police and crime panel for a multi-authority police area, the Secretary of State must secure (as far as is reasonably practicable) that the fair representation objective is met.

(7)The “fair representation objective” referred to in sub-paragraph (6) is—

(a)in the case of a police area which covers ten or more local authorities, the objective that each relevant local authority has only one of its councillors as a member of the panel;

(b)in the case of a police area which covers nine or fewer local authorities, the objective that each relevant local authority has at least one of its councillors as a member of the panel.

(8)If the Secretary of State—

(a)is satisfied that a relevant local authority has failed to nominate or appoint one or more of its councillors as members of the panel as mentioned in sub-paragraph (1) (b), and

(b)is considering whether to exercise, has decided to exercise, or has exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9)A notice given under sub-paragraph (8) may be withdrawn by the Secretary of State at any time.

(10)For the purposes of sub-paragraph (1) (b) (i), it is irrelevant that a relevant local authority which has failed to nominate or appoint a councillor as a member of the panel—

(a)may have power under any of paragraphs 6 to 9 to make a further nomination; or

(b)is complying with, or has complied with, the panel arrangements relating to that panel.

(11)In this paragraph—

• “appropriate number” means the number that is equal to the difference between—

  (a)

  the full complement; and

  (b)

  the number of appointed members of the panel;

• “full complement” means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).