The Police and Crime Panels (Nominations, Appointments and Notifications) Regulations 2012

• Citation: S.I. 2012/1433
• Sections: 9

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Police and Crime Panels (Nominations, Appointments and Notifications) Regulations 2012, and come into force on 2nd July 2012.

(2) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011;

“panel”, in relation to a police area, means the police and crime panel referred to in section 28(1) of the 2011 Act;

“the Schedule” means Schedule 6 to the 2011 Act.

Section 3 Notification of making of panel arrangements

(1) In the case of a single-authority police area, the relevant local authority shall notify the Secretary of State of the making of panel arrangements under paragraph 3(2)(b) of the Schedule.

(2) In the case of a multi-authority police area, the relevant local authorities shall select one of their number which shall, on behalf of all of the relevant local authorities, notify the Secretary of State of the making of panel arrangements under paragraph 3(2)(b) of the Schedule.

(3) Notification under paragraph (1) or (2) shall be given on or before 16th July 2012.

Section 4 Notification of failure to nominate

(1) Where—

(a) a local authority has the power to nominate a councillor by reason of the circumstances in paragraph 6(2), 7(2) or 8(2) of the Schedule arising, and

(b) the local authority fails to exercise the power before the relevant date,

the local authority shall notify the Secretary of State on that date of its failure.

(2) The relevant date is—

(a) where the power to nominate first arises by reason of the coming into force of paragraphs 6, 7 and 8 of the Schedule, 16th July 2012;

(b) where the power to nominate arises at an annual meeting of the local authority held under paragraph 1 of Schedule 12 to the Local Government Act 1972 , 21 days after the date of that meeting; and

(c) in any other case, 21 days after the date of the first meeting of the local authority held after the circumstances in paragraph 6(2), 7(2) or 8(2) of the Schedule arise.

Section 5 Notification of failure to appoint

(1) Where—

(a) a local authority has the power to appoint a councillor under paragraph 9(2) of the Schedule, and

(b) the local authority fails to exercise the power before the relevant date,

the local authority shall notify the Secretary of State on that date of its failure.

(2) The relevant date is 14 days after the date on which the nominated councillor accepts the nomination.

Section 6 Notification in relation to balanced panel

Where a panel asks the Secretary of State to agree to a resolution under paragraph 4(4) or 13(4) of the Schedule, the panel shall notify the Secretary of State of its reasons for deciding that the resolution would enable the balanced appointment objective to be, or would contribute to that objective being, met or more effectively met.

Section 7 Appointment of co-opted members

A panel shall not co-opt a person who is a member of a relevant local authority unless all of the members of the panel agree to the co-option.

Section 8 Notification in relation to co-option of members

Where a panel co-opts a person who is a member of a relevant local authority, the panel shall notify the Secretary of State of—

(a) the name of the person and the name of the relevant authority of which the person is a member; and

(b) the panel’s reasons for deciding that co-opting the person would enable the balanced appointment objective to be, or would contribute to that objective being, met or more effectively met.

Section 9 Manner of notifications

Any notification under these Regulations shall be given in writing.