Police and Magistrates' Courts Act 1994 (c. 29)

(The document as of February, 2008)

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(b) cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

(8) Subject to section 16(2) of this Act, any accommodation provided under this section for any justice, justices' clerk or justices' chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

(9) Two or more paying authorities may arrange for accommodation, goods or services provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.

(10) In this section--

"paying authority" in relation to a magistrates' courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates;
"responsible authority" means any unitary authority or any county council so far as they are not a unitary authority; and
"unitary authority" means--
(a)
the council of any county so far as they are the council for an area for which there are no district councils,
(b)
the council of any district comprised in an area for which there is no county council,
(c)
a county borough council,
(d)
a London borough council, or
(e)
the Common Council of the City of London.

(11) Until 1st April 1996, the definition of "unitary authority" in subsection (10) above shall have effect with the omission of paragraph (c).

56 Provisions supplementary to s. 55

(1) Subject to the provisions of this section--

(a) the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 of this Act,

(b) the salary to be paid to a justices' clerk or justices' chief executive and to staff of a magistrates' courts committee, and

(c) the nature and amount of the expenses which a magistrates' courts committee may incur in the discharge of any functions or may authorise to be incurred,

shall be such as may from time to time be determined by the magistrates' courts committee after consultation with the paying authority or authorities.

(2) Where the expenses of a magistrates' courts committee (including any sums which are taken by section 55(6) of this Act to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates' courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

(3) Any paying authority which is aggrieved by a determination of a magistrates' courts committee under subsection (1) above may, within one month from the receipt by the authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the magistrates' courts committee and any authority concerned.

(4) The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices' clerk or justices' chief executive, unless the justices' clerk or justices' chief executive concerned consents to the reduction.

(5) In this section "paying authority" has the same meaning as in section 55 of this Act. "

(2) Section 57 of the 1979 Act (application of sections 55 and 56 to outer London areas and City of London) and section 58 of that Act (arrangements for inner London area corresponding to those under section 55 of that Act) shall cease to have effect.

84 Local authority land appropriated to magistrates' courts purposes

After section 59 of the 1979 Act there shall be inserted--

" 59A Local authority land appropriated to magistrates' courts purposes

(1) Where after the commencement of this section a responsible authority appropriate any land owned by them to magistrates' courts purposes, the authority shall be taken for the purposes of section 59(2) of this Act to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.

(2) In subsection (1) above--

"land" includes any interest in land,
"magistrates' courts purposes" means the purposes of being provided under section 55(1) of this Act as a petty sessional court-house or other accommodation, and
"responsible authority" has the same meaning as in section 55 of this Act. "

85 Regulations as to accounts and audit

After section 62 of the 1979 Act there shall be inserted--

" 62A Regulations as to accounts and audit

(1) The Lord Chancellor may by regulations made by statutory instrument require magistrates' courts committees--

(a) to keep prescribed accounts and prescribed records in relation to those accounts, and

(b) to cause any such accounts to be audited in accordance with the regulations.

(2) In subsection (1) above "prescribed" means prescribed by the regulations. "

Inspectors of the magistrates' courts service

86 Inspectors of the magistrates' courts service

(1) The Lord Chancellor may appoint such number of inspectors of the magistrates' courts service (to be known collectively as "Her Majesty's Magistrates' Courts Service Inspectorate") as he may consider appropriate.

(2) The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty's Chief Inspector of the Magistrates' Courts Service.

(3) It shall be the duty of inspectors of the magistrates' courts service--

(a) to inspect and report to the Lord Chancellor on the organisation and administration of magistrates' courts for each magistrates' courts committee area, and

(b) to discharge such other functions in connection with the organisation and administration of magistrates' courts as the Lord Chancellor may from time to time direct.

(4) Her Majesty's Chief Inspector of the Magistrates' Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.

(5) The Lord Chancellor shall make to or in respect of inspectors of the magistrates' courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.

(6) Any person appointed by the Lord Chancellor before the commencement of this section as an inspector of the magistrates' courts service, or as Her Majesty's Chief Inspector of the Magistrates' Courts Service, shall be taken to have been appointed under this section.

87 Powers of inspectors

(1) Subject to subsection (2) below, an inspector of the magistrates' courts service exercising his functions under section 86 above shall have at all reasonable times--

(a) a right of entry to any court-house or other premises occupied by a magistrates' courts committee, and

(b) a right to inspect, and take copies of, any records kept by a magistrates' courts committee, and any other documents containing information relating to the administration of the magistrates' courts for their area, which he considers relevant to the discharge of his functions.

(2) Subsection (1) above does not entitle an inspector--

(a) to be present when a magistrates' court is hearing proceedings in private, or

(b) to attend any private deliberations of the justices of the peace.

(3) The records referred to in paragraph (b) of subsection (1) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by that subsection--

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question, and

(b) may require--

(i) the person by whom or on whose behalf the computer is or has been so used, or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

Default powers

88 Default powers

(1) The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates' courts committee--

(a) are failing properly to discharge any duty imposed on them by or under any enactment, or

(b) have so failed and are likely to do so again.

(2) Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates' courts committee specifying the default or defaults to which the order relates.

(3) An order under this subsection shall--

(a) state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and

(b) provide either or both of the following--

(i) that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or

(ii) that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.

(4) If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order--

(a) stating that he remains of that opinion, and

(b) providing--

(i) that all the members of the committee are to vacate their office on the making of the order, and

(ii) that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).

(5) An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 21 of the 1979 Act, to take office at the end of the specified period.

(6) In relation to the magistrates' courts committee for an area which consists of or includes the whole or any part of the inner London area, the reference in subsection (3)(b)(ii) above to members of the committee does not include the chief metropolitan stipendiary magistrate; and where an order under subsection (4) above is made in relation to any such committee, subsections (3) and (4) of section 20 of the 1979 Act (under which the chief metropolitan stipendiary magistrate and other stipendiary magistrates are members of the committee) shall not have effect in relation to the committee during the period specified in the order.

Studies by Audit Commission

89 Studies by Audit Commission

(1) The Audit Commission may, at the request of a magistrates' courts committee, undertake or promote comparative and other studies--

(a) designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee's functions, and

(b) for improving the financial or other management of the committee.

(2) Any magistrates' courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.

(3) The Audit Commission shall charge the magistrates' courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.

(4) In this section "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

General

90 Regulations under Justices of the Peace Act 1979

After section 69 of the 1979 Act there shall be inserted--

" 69A Regulations

A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 12, 21, 24C, 24D(2), 25(2) or 62A of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

91 Minor and consequential amendments

(1) Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates' courts) shall have effect.

(2) The repeal of subsections (1), (2) and (4) of section 27 of the 1979 Act does not affect any justices' clerks in relation to whom section 26A(1) of the 1979 Act does not have effect.

(3) The repeal of sections 36 and 36A of the 1979 Act does not affect the division of the inner London area into petty sessional divisions as existing immediately before the commencement of the repeal or the names of those petty sessional divisions.

92 Interpretation of Part IV

(1) In this Part of this Act "the 1979 Act" means the [1979 c. 55.] Justices of the Peace Act 1979.

(2) Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.

Part V Supplementary

93 Repeals

The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

94 Commencement and transitional provisions

(1) Except as provided by subsections (2) and (3) below, the preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may by order appoint.

(2) The following provisions of this Act--

Part IV and Schedule 8, and
Part II of Schedule 9 and section 93 so far as it relates to that Part of that Schedule,

shall come into force on such day as the Lord Chancellor may by order appoint.

(3) The following provisions of this Act--

(a) section 3 and Schedule 2, so far as they relate to--

(i) the power to make orders under the section inserted by section 3, or

(ii) the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,

(b) sections 13 and 50,

(c) sections 26 and 60, subsections (4) and (7)(a) of section 63, and paragraphs 17 to 20 of Schedule 5, so far as they relate to service in accordance with arrangements made under section 15A(2) of the [1964 c. 48.] Police Act 1964 or section 12A(2) of the [1967 c. 77.] Police (Scotland) Act 1967, and

(d) section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,

shall come into force on the passing of this Act.

(4) An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.

(5) The power to make orders under subsection (1) or (2) above includes power to make such transitional provisions and savings as appear to the Secretary of State or, as the case may be, the Lord Chancellor to be necessary or expedient.

(6) Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision--

(a) for the co-existence, for such period as may be prescribed by the order, of the police authorities to be established under section 3 of the [1964 c. 48.] Police Act 1964 ("the new police authorities") and the police authorities which they are to supersede ("the old police authorities"); for the division of functions between them; for the performance by the old police authorities, before the new police authorities come into existence, of functions prescribed by the order and for consequential and supplementary matters (including the modification of the application in relation to them of provisions of this or any other Act or of any instrument);

(b) for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(d) as to pending legal proceedings;

(e) for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(f) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.

(7) Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision--

(a) for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(b) for the Lord Chancellor, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(c) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.

(8) An order under this section shall be made by statutory instrument which, if the order contains provisions made by virtue of subsections (5) to (7) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

95 Police: co-operation on implementation

(1) It shall be the duty of the relevant authorities and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of this Act and any transfer of functions, property or staff made under it.

(2) In subsection (1) above "relevant authorities" means the police authorities to be established under section 3 of the [1964 c. 48.] Police Act 1964 and the police authorities which they are to supersede, and

(a) where the police authority to be superseded is a committee of a council constituted in accordance with section 2 of that Act, that council, and

(b) where the police authority to be superseded is a combined police authority constituted in accordance with section 3(4) of that Act, the constituent councils.

96 Extent

(1) The following provisions of this Act extend to England and Wales only--

sections 1 to 41 together with Schedules 1 to 3;
Part IV together with Schedule 8;
Schedules 4 and 5 so far as they relate to enactments which extend to England and Wales only.

(2) Part II of, together with Schedule 6 to, this Act extends to Scotland only.

(3) The following provisions of this Act extend to Northern Ireland (and in the case of Part III to Northern Ireland only)--

sections 43 and 44 together with Schedules 4 and 5 so far as they relate to enactments which extend there;
Part III;
Part V.

(4) The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.

(5) Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.

97 Short title

This Act may be cited as the Police and Magistrates' Courts Act 1994.

SCHEDULES

Section 1.

SCHEDULE 1 Schedule to be inserted in Police Act 1964: police areas

" Schedule 1A Police Areas

England (except London)

Name of police area	Extent
Avon and Somerset	The counties of Avon and Somerset
Bedfordshire	The county of Bedfordshire
Cambridgeshire	The county of Cambridgeshire
Cheshire	The county of Cheshire
Cleveland	The county of Cleveland
Cumbria	The county of Cumbria
Derbyshire	The county of Derbyshire
Devon and Cornwall	The counties of Devon and Cornwall and the Isles of Scilly
Dorset	The county of Dorset
Durham	The county of Durham
Essex	The county of Essex
Gloucestershire	The county of Gloucestershire
Greater Manchester	The metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan
Hampshire	The counties of Hampshire and Isle of Wight
Hertfordshire	The county of Hertfordshire
Humberside	The county of Humberside
Kent	The county of Kent
Lancashire	The county of Lancashire
Leicestershire	The county of Leicestershire
Lincolnshire	The county of Lincolnshire
Merseyside	The metropolitan districts of Knowsley, Liverpool, St. Helens, Sefton and Wirral
Norfolk	The county of Norfolk
Northamptonshire	The county of Northamptonshire
Northumbria	The county of Northumberland and the metropolitan districts of Gateshead, Newcastle upon Tyne, North Tyneside, South Tyneside and Sunderland
North Yorkshire	The county of North Yorkshire
Nottinghamshire	The county of Nottinghamshire
South Yorkshire	The metropolitan districts of Barnsley, Doncaster, Rotherham and Sheffield
Staffordshire	The county of Staffordshire
Suffolk	The county of Suffolk
Surrey	The county of Surrey
Sussex	The counties of East Sussex and West Sussex
Thames Valley	The counties of Berkshire, Buckinghamshire and Oxfordshire
Warwickshire	The county of Warwickshire
West Mercia	The counties of Hereford and Worcester and Shropshire
West Midlands	The metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton
West Yorkshire	The metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield
Wiltshire	The county of Wiltshire

Wales

Name of police area	Extent
Dyfed Powys	The counties of Dyfed and Powys
Gwent	The county of Gwent
North Wales	The counties of Clwyd and Gwynedd
South Wales	The counties of Mid Glamorgan, South Glamorgan and West Glamorgan "

Section 3.

SCHEDULE 2 Schedules to be inserted in Police Act 1964: police authorities

" Schedule 1B Police authorities established under section 3

Membership of police authorities

1 (1) Where, by virtue of section 3A of this Act, a police authority is to consist of seventeen members--

(a) nine of those members shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b) five shall be persons appointed under paragraph 5, and

(2) Where, by virtue of an order under subsection (2) of that section, a police authority is to consist of more than seventeen members--

(a) a number which is greater by one than the number of members provided for in paragraphs (b) and (c) of this sub-paragraph shall be members of a relevant council appointed under paragraph 2 of this Schedule,

(b) such number as may be prescribed by the order, not exceeding one third of the total membership, shall be persons appointed under paragraph 5, and

Appointment of members by relevant councils

2 (1) In the case of a police authority in relation to which there is only one relevant council, the members of the police authority referred to in paragraph 1(1)(a) or (2)(a) of this Schedule 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.

4 (1) A council or joint committee shall exercise its power to appoint members of a police authority under paragraph 2 of this Schedule so as to ensure that, so far as practicable, the members for whose appointment it is responsible reflect--

(a) in the case of appointments by a council, the balance of parties for the time being prevailing among the members of the council, and

(b) in the case of appointments by a joint committee, the balance of parties for the time being prevailing among the members of the relevant councils taken as a whole.

(2) The members referred to in sub-paragraph (1)(a) and (b) of this paragraph do not include any member of a relevant council who is disqualified for being appointed as or being a member of the police authority under paragraph 13 of this Schedule.

Appointment of independent members

5 The members of a police authority referred to in paragraph 1(1)(b) or (2)(b) of this Schedule shall be appointed--

(a) by the members of the police authority appointed under paragraph 2 or 8,

(b) from among persons on a short-list prepared by the Secretary of State in accordance with Schedule 1C to this Act.

6 (1) Every police authority shall arrange for a notice stating--

(a) the name of each of its members appointed under paragraph 5 of this Schedule, and

(b) such other information relating to him as the authority considers appropriate,

to be published in such manner as it thinks fit.

(2) A police authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under sub-paragraph (1) of this paragraph.

Appointment of magistrates

7 The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) of this Schedule--

(a) must be magistrates for an area all or part of which constitutes or forms part of the authority's area, and

(b) shall be appointed in accordance with paragraph 8 of this Schedule;

and in that paragraph and paragraph 9 references to a panel are references to a selection panel established under regulations made in accordance with section 21(1A) of the [1979 c. 55.] Justices of the Peace Act 1979.

8 (1) Where there is a panel for an area which constitutes or includes the police authority's area, that panel shall make the appointment.

(2) Where the area of more than one panel falls wholly or partly within the police authority's area, the appointment shall be made by a joint committee consisting of representatives from the panels concerned.

(3) The number of members of a joint committee, and the number of those members to be appointed by each panel, shall be such as the panels may agree or, in the absence of agreement, as may be determined by the Lord Chancellor.

9 In relation to any appointment made at a time when no panels have been established, paragraph 8 of this Schedule shall have effect as if for any reference to a panel there were substituted a reference to a magistrates' courts committee.

Chairman

10 (1) A police authority shall at each annual meeting appoint a chairman from among its members.

(2) The appointment under sub-paragraph (1) of this paragraph 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 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.

Disqualification

11 A person shall be disqualified for being appointed as a member of a police authority if he has attained the age of seventy years.

12 (1) Subject to sub-paragraphs (3) and (4) of this paragraph, a person shall be disqualified for 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 authority are 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 under the [1986 c. 46.] Company Directors Disqualification Act 1986, or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2) A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee on which the authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified for being appointed as or being a member of that other police authority.

(3) Where a person is disqualified under sub-paragraph (1)(b) of this paragraph by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease--

(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(4) Where a person is disqualified under sub-paragraph (1)(b) of this paragraph by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(5) For the purposes of sub-paragraph (1)(d) of this paragraph, the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

13 Without prejudice to paragraphs 11 and 12 of this Schedule, a member of a relevant council shall be disqualified for being appointed as or being a member of a police authority under paragraph 2 of this Schedule if he was elected for an electoral division or ward wholly within the metropolitan police district.

14 (1) Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 of this Schedule if--

(a) he has not yet attained the age of twenty-one years, or

(b) neither his principal or only place of work, nor his principal or only place of residence, has been in the area of the authority during the whole of the period of twelve months ending with the day of appointment.

(2) Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within that area.

15 (1) Without prejudice to paragraphs 11 and 12 of this Schedule, a person shall be disqualified for being appointed as a member of a police authority under paragraph 5 of this Schedule, and for being a member so appointed, if he is--

(a) a member of the council for a county, district, county borough or London borough which is wholly or partly within the area of the police authority;

(b) a magistrate eligible for appointment to the police authority under paragraph 8 of this Schedule;

(d) a member of a police force;

(e) an officer or employee of a police authority; or

(f) an officer or employee of a relevant council.

(2) A person shall not be regarded for the purposes of sub-paragraph (1)(f) of this paragraph as an employee of a relevant council by reason of his holding--

(a) the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or

(b) any other post as a teacher or lecturer in any such school, college, institution or establishment.

Tenure of office

16 Subject to the following paragraphs (and to the provisions of any order under section 3A(2) of this Act), a person shall hold and vacate office as a member of a police authority in accordance with the terms of his appointment.

17 (1) A person shall be appointed to hold office as a member for--

(a) a term of four years or a term expiring on his attaining the age of seventy years, whichever is the shorter, or

(b) such shorter term as the body appointing him may determine in any particular case.

(2) A person shall not, by virtue of sub-paragraph (1)(b) of this paragraph, be appointed under paragraph 5 of this Schedule for a term shorter than four years without the approval of the Secretary of State.

18 (1) A person may at any time resign his office as a member, or as chairman, by notice in writing to the police authority.

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