Police Reform and Social Responsibility Act 2011

65Disqualification from election or holding office as police and crime commissioner: police grounds

(1)A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a)is disqualified from being a member of the House of Commons under section 1(1)(d) of the House of Commons Disqualification Act 1975 (members of police forces for police areas in the United Kingdom);

(b)is a member of—

(i)the British Transport Police Force;

(ii)the Civil Nuclear Constabulary;

(c)is a special constable appointed—

(i)under section 27 of the Police Act 1996 for a police area or the City of London police area;

(ii)under section 25 of the Railways and Transport Safety Act 2003 (British Transport Police Force);

(d)is a member of staff of the chief officer of police of any police force maintained for a police area;

(e)is a member of staff of—

(i)a police and crime commissioner;

(ii)the Mayor’s Office for Policing and Crime;

(f)is the Mayor of London;

(g)is a member of the Common Council of the City of London or a member of staff of that Council in its capacity as a police authority;

(h)is a member (including a member who is chairman or chief executive), or member of staff, of—

(i)the British Transport Police Authority;

(ii)the Civil Nuclear Police Authority;

(iii)the Independent Police Complaints Commission;

(iv)the Serious Organised Crime Agency;

(v)the National Policing Improvement Agency;

(i)holds any employment in an entity which is under the control of—

(i)a local policing body;

(ii)any body mentioned in paragraph (h);

(iii)the chief officer of police for any police force maintained for a police area or the City of London police area;

(iv)the chief officer of police for any police force mentioned in paragraph (b).

(2)In this section, “member of staff”, in relation to any person (“A”), includes a person (“B”) who works for A—

(a)under a contract of employment,

(b)under a contract for services, or

(c)in accordance with arrangements made between B’s employer and A;

and for this purpose B works for A if B provides services for A under the direction and control of A.

(3)In subsection (1)(i), the reference to an entity under the control of a local policing body or other body or a chief officer of police is to be construed in accordance with regulations made by the Secretary of State.

(4)In its application in relation to the first election of a police and crime commissioner to be held for a police area, this section applies as if—

(a)for paragraphs (d) to (g) of subsection (1) there were substituted—

“(d)any member, or member of staff, of a police authority within the meaning of the Police Act 1996 (see section 101 of that Act);”, and

(b)for paragraph (i)(i) of that subsection there were substituted—

“(i)a police authority within the meaning of the Police Act 1996.”