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

(The document as of February, 2008)

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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.

(2) Where a member appointed under paragraph 5 of this Schedule resigns his office as a member under sub-paragraph (1) of this paragraph, he shall send a copy of the notice to the Secretary of State.

19 (1) A member of a relevant council appointed to be a member of a police authority under paragraph 2 of this Schedule shall cease to be a member of the authority if he ceases to be a member of the council (and does not on the same day again become a member of the council).

(2) A magistrate appointed to be a member of a police authority under paragraph 8 of this Schedule shall cease to be a member of the authority if he ceases to be a magistrate for an area all or part of which constitutes or forms part of the authority's area.

20 (1) A police authority may remove a member from office by notice in writing if--

(a) he has been absent from meetings of the police authority for a period longer than three consecutive months without the consent of the authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 12 of this Schedule),

(d) the police authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) Where a police authority removes a member under sub-paragraph (1) of this paragraph, it shall give notice of that fact--

(a) in the case of a member appointed under paragraph 2 or 8 of this Schedule, to the body which appointed him, and

(b) in the case of a member appointed under paragraph 5, to the Secretary of State.

21 A council or joint committee may remove from office a member of a police authority appointed by it under paragraph 2 of this Schedule with a view to appointing another in his place if it considers that to do so would further the object provided for by paragraph 4.

22 If a chairman of a police authority ceases to be a member, he shall also cease to be chairman.

Eligibility for re-appointment

23 A person who ceases to be a member, otherwise than by virtue of paragraph 20 of this Schedule, or ceases to be chairman, may (if otherwise eligible) be re-appointed.

Validity of acts

24 The acts and proceedings of any person appointed to be a member or chairman of a police authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

25 The proceedings of a police authority shall not be invalidated by a vacancy in the membership of the authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

Allowances

26 (1) A police authority may make to its chairman and other members such payments by way of reimbursement of expenses and allowances as the Secretary of State may, with the approval of the Treasury, determine.

(2) Payments made under sub-paragraph (1) of this paragraph may differ according to whether the recipient is a chairman or other member or was appointed under paragraph 2, 5 or 8 of this Schedule.

Interpretation

27 (1) For the purposes of this Schedule, a council is a "relevant council" in relation to a police authority if--

(a) it is the council for a county, district, county borough or London borough which constitutes, or is wholly within, the authority's police area, and

(b) in the case of a district council, the district is not in a county having a county council within paragraph (a).

(2) In determining for the purposes of sub-paragraph (1) of this paragraph whether a county or district is wholly within a police area, any part of the county or district which is within the metropolitan police district shall be disregarded.

Schedule 1C Police authorities: selection of independent members

Selection panels

1 (1) There shall be a selection panel for each police area for the time being listed in Schedule 1A to this Act.

(2) Each selection panel shall consist of three members, one of whom shall be appointed by each of the following--

(a) the designated members of the police authority for the area;

(b) the Secretary of State;

(3) A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2) of this paragraph.

(4) In this Schedule "designated member" means a member appointed under paragraph 2 or 8 of Schedule 1B to this Act.

2 A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11, 12, 14 or 15(1)(d) to (f) of Schedule 1B to this Act, he is disqualified--

(a) for being appointed under paragraph 5 of that Schedule as a member of the police authority for the panel's area, or

(b) for being a member so appointed.

3 (1) A person shall be appointed to hold office as a member of a selection panel for a term of two years, or for a term expiring on his attaining seventy years of age, whichever is the shorter.

(2) A person may at any time resign his office as a member by notice in writing to the persons who under paragraph 1 of this Schedule would be required to appoint his successor.

(3) A person shall not cease to be a member by reason only that any of the persons appointing him cease to hold the positions by virtue of which they appointed him.

4 A member of a selection panel may be removed from office by notice in writing by the persons who, under paragraph 1 of this Schedule, would be required to appoint his successor ("the appointer") if--

(a) the member has been absent from two consecutive meetings of the selection panel without the consent of the panel,

(b) the member has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 2 of this Schedule),

(d) the appointer is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

5 A person who ceases to be a member of a selection panel, otherwise than by virtue of paragraph 4 of this Schedule may (if otherwise eligible) be re-appointed.

6 (1) The acts and proceedings of any person appointed to be a member of a selection panel and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

(2) Subject to the provisions of any regulations made under paragraph 11 of this Schedule, the proceedings of a selection panel shall not be invalidated by--

(a) a vacancy in the membership of the panel, or

(b) a defect in the appointment of a person as a member.

7 (1) A police authority shall make to members of the selection panel for the authority's area such payments by way of reimbursement of expenses and allowances as it may determine.

(2) A police authority shall--

(a) provide the selection panel for the authority's area with such accommodation, and such secretarial and other assistance, as they may reasonably require, and

(b) meet any expenses incurred by the panel in the exercise of their functions.

Functions of selection panel

8 (1) Where appointments to a police authority are to be made under paragraph 5 of Schedule 1B to this Act, the selection panel for the authority's area shall nominate persons willing to be candidates for appointment.

(2) Unless the selection panel are able to identify only a smaller number, the number of persons to be nominated by a selection panel under this paragraph on any occasion shall be a number four times greater than the number of appointments to be made under paragraph 5 of Schedule 1B to this Act.

(3) A selection panel shall notify the Secretary of State of--

(a) the name of each person nominated by it under this paragraph, and

(b) such other information regarding those persons as it considers appropriate.

9 A person shall not be nominated under paragraph 8 of this Schedule in relation to an authority if, by virtue of paragraph 11, 12, 14 or 15 of Schedule 1B to this Act, he is disqualified for being appointed as a member of the authority under paragraph 5 of that Schedule.

10 In exercising their functions a selection panel shall have regard to the desirability of ensuring that, so far as reasonably practicable, the persons nominated by them under paragraph 8 of this Schedule--

(a) represent the interests of a wide range of people within the community in the police area, and

(b) include persons with skills, knowledge or experience in such fields as may be specified for the purposes of this paragraph in regulations made under paragraph 11 of this Schedule.

11 (1) The Secretary of State may make regulations as to--

(a) the procedures to be followed in relation to the selection of persons for nomination under paragraph 8 of this Schedule, and

(b) the conduct of the proceedings of selection panels.

(2) Without prejudice to the generality of sub-paragraph (1) of this paragraph, regulations under this paragraph may--

(a) make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications or suggestions for nomination under paragraph 8 of this Schedule, and for dealing with applications and suggestions received;

(b) make provision specifying the fields referred to in paragraph 10 of this Schedule;

(c) prescribe matters, in addition to those mentioned in paragraph 10 of this Schedule, to which a selection panel is to have regard in carrying out any of its functions;

(d) provide for decisions of a selection panel to be taken by a majority of the members.

(3) Regulations under this paragraph may make different provision for different cases and circumstances.

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

Secretary of State's short-list

12 (1) Where the Secretary of State receives a notice under paragraph 8(3) of this Schedule, he shall as soon as practicable prepare a short-list of candidates and send it to the police authority concerned.

(2) Subject to paragraph 13 of this Schedule, the candidates on the short-list prepared by the Secretary of State shall be persons nominated by the selection panel, and their number shall be one half of the number of those persons.

(3) Where the number of persons nominated by the panel is an odd number, the number to be short-listed by the Secretary of State shall be one half of the number nominated reduced by one.

13 (1) This paragraph has effect where the number of persons nominated by the selection panel is less than twice the number of vacancies to be filled by appointments under paragraph 5 of Schedule 1B.

(2) The Secretary of State may himself nominate such number of candidates as, when added to the number nominated by the selection panel, equals twice the number of vacancies; and if he does so, paragraph 12 of this Schedule shall have effect as if the selection panel had nominated the Secretary of State's nominees as well as their own.

14 The Secretary of State shall give to the designated members any information regarding the persons on his short-list which they request and which he has received under paragraph 8 of this Schedule. "

Section 19.

SCHEDULE 3 Schedule to be inserted in Police Act 1964: appeals tribunals

" Schedule 5 Appeals

Police appeals tribunals

1 (1) In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom--

(a) one shall be a person chosen from a list of persons who have a seven year general qualification within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990 and have been nominated by the Lord Chancellor for the purposes of this Schedule,

(b) one shall be a member of a police authority, other than the relevant police authority, and

(i) is (or has within the previous five years been) an Inspector of Constabulary, or

(ii) has within the previous five years been (and is no longer) the Commissioner of Police of the Metropolis.

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

2 (1) In the case of an appeal by a member of a police force who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom--

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule,

(b) one shall be a member of the authority or, where the authority is the Secretary of State, a person nominated by him,

(c) one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief officers of police, other than a person who is (or has at any time been) the chief officer of police of the force maintained by the relevant authority, and

(d) one shall be a retired officer of appropriate rank.

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

Notice of appeal

3 An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 37 of this Act.

Respondent

4 On any appeal the respondent shall be such person as may be prescribed by rules made under section 37 of this Act.

Casting vote

5 Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing

6 (1) A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(2) Where a hearing is held, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

Effect of orders

7 (1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Remuneration and expenses

8 Members of a police appeals tribunal shall be--

(a) paid such remuneration, and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Costs

9 (1) An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the relevant police authority.

(2) Subject to sub-paragraph (1) of this paragraph, all the costs and expenses of an appeal under section 37 of this Act, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be defrayed out of the police fund of the relevant police authority.

Interpretation

10 In this Schedule--

(a) "senior officer" means a member of a police force holding a rank above that of superintendent,

(b) "relevant police authority" means the police authority which maintains the police force of which the appellant is a member, and

(i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired member of a police force who at the time of his retirement was of that rank, and

(ii) in any other case a retired member of a police force who at the time of his retirement was of the rank of chief inspector or below. "

Section 43.

SCHEDULE 4 Application to police authorities of enactments relating to local authorities

Part I Amendments of local government enactments

Local Government (Records) Act 1962

1 In section 2 of the [1962 c. 56.] Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after the words "City of London," there shall be inserted the words "to a police authority established under section 3 of the [1964 c. 48.] Police Act 1964,".

2 In section 8 of that Act (interpretation), in subsection (1), in the definition of "local authority" after the words "City of London" there shall be inserted the words ", a police authority established under section 3 of the [1964 c. 48.] Police Act 1964,".

Local Government Act 1966

3 In section 11 of the [1966 c. 42.] Local Government Act 1966 (grants for expenditure due to ethnic minority population), in subsection (2) after the words "apply to" there shall be inserted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964 and".

Local Government Grants (Social Need) Act 1969

4 In section 1 of the [1969 c. 2.] Local Government Grants (Social Need) Act 1969 (provision for grants), in subsection (3) after the word "include" there shall be inserted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964 and".

Local Authorities (Goods and Services) Act 1970

5 In section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of "public body" after the words "local authority" there shall be inserted the words ", any police authority established under section 3 of the [1964 c. 48.] Police Act 1964, any".

Local Government Act 1972

6 In section 94 of the [1972 c. 70.] Local Government Act 1972 (disability of members of authorities for voting on account of interest in contracts, etc.), in subsection (5)(b) (receipt of certain allowances not to be treated as a pecuniary interest) after the words "176 below" there shall be inserted the words "or paragraph 26 of Schedule 1B to the [1964 c. 48.] Police Act 1964".

7 In section 98 of that Act, in subsection (1A) (application to joint authorities of provisions about members' interests) after the words "joint authority" there shall be inserted the words "and a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

8 In section 99 of that Act (meetings and proceedings of local authorities) after the words "joint authorities," there shall be inserted the words "police authorities established under section 3 of the [1964 c. 48.] Police Act 1964".

9 (1) Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.

(2) For subsection (1)(e) there shall be substituted--

" (e) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964; " .

(3) In subsection (4), in paragraph (a)--

(a) for the words "combined police authority" there shall be substituted the words "police authority established under section 3 of the [1964 c. 48.] Police Act 1964", and

(b) for the word "which" there shall be substituted the words "or other person that".

10 (1) Section 107 of that Act (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.

(2) In subsection (1)--

(a) the words "104 and" shall be omitted, and

(b) after the words "those sections" there shall be inserted the words "and section 104".

(3) In subsection (3) for the words "for the purposes of" there shall be substituted the word "by".

(4) After subsection (3) there shall be inserted--

" (3A) Where pursuant to arrangements made by virtue of subsection (3) above--

(a) a chief officer of police, or

(b) the deputy of a chief officer of police,

may discharge functions of a police authority, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the authority but is not under the authority's direction and control. "

(5) In subsection (8) for the words "for the purposes of " there shall be substituted the word "by".

(6) Subsections (9) and (10) shall be omitted.

11 (1) Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.

(2) In subsection (1)--

(a) at the beginning there shall be inserted the words "Subject to subsection (1A) below,", and

(b) after the words "joint authority" there shall be inserted the words "and a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

(3) After subsection (1) there shall be inserted--

" (1A) A police authority established under section 3 of the [1964 c. 48.] Police Act 1964 shall not be treated--

(a) as a local authority for the purposes of section 112, 139, 140A or 140C above, or

(b) as a principal council for the purposes of section 122 above. "

12 In section 223 of that Act (appearance of local authorities in legal proceedings), in subsection (2) after the words "joint authority" there shall be inserted the words ", a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

13 In section 228 of that Act (inspection of documents), in subsection (7A) after the words "joint authority" there shall be inserted the words "or a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

14 The words "and a police authority established under section 3 of the [1964 c. 48.] Police Act 1964" shall be inserted after the words "joint authority"--

(a) in section 229 of that Act (photographic copies of documents), in subsection (8);

(b) in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);

(d) in section 233 of that Act (service of notices by local authorities), in subsection (11); and

(e) in section 234 of that Act (authentication of documents), in subsection (4).

15 (1) Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows.

(2) In sub-paragraph (1) of paragraph 6A after the words "joint authority", there shall be inserted the words "or a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

(3) In paragraph 6B--

(a) after the word "that" there shall be inserted "(a)", and

(b) for the words "members in the case of a joint authority" there shall be substituted the words " , and

(b) in the case of a police authority established under section 3 of the [1964 c. 48.] Police Act 1964, sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority another member chosen by the members of the authority present shall preside. "

(4) In paragraph 46, after the words "joint authority" there shall be inserted the words "and a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

Local Government Act 1974

16 In section 25 of the [1974 c. 7.] Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) for paragraph (ca) there shall be substituted--

" (ca) any police authority established under section 3 of the [1964 c. 48.] Police Act 1964; " .

Local Government (Miscellaneous Provisions) Act 1976

17 In section 30 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), for subsection (3) (police authorities to be treated as local authorities and police officers to be treated as their employees) there shall be substituted--

" (3) For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority and references to employment shall be construed accordingly. "

18 In section 44 of that Act (interpretation), in subsection (1), in paragraph (a) of the definition of "local authority" after the words "of this Act," there shall be inserted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964 and".

Local Government, Planning and Land Act 1980

19 In section 2 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)--

(a) in paragraph (j) the words from "a police committee" to "in Scotland", and

(b) in paragraph (k) the words from "a combined" to "in Scotland",

shall be omitted.

20 In section 20 of that Act (interpretation of provisions relating to direct labour organisations), in subsection (1), in paragraph (a)(i) of the definition of "local authority" after the words "borough council," there shall be inserted the words "a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

21 In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted--

" (dc) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964; " .

22 In Schedule 16 to that Act (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5B there shall be inserted--

" 5C A police authority established under section 3 of the [1964 c. 48.] Police Act 1964. "

Local Government (Miscellaneous Provisions) Act 1982

23 In section 33 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a) after the words "Residuary Body" there shall be inserted the words ", a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

24 In section 41 of that Act (lost and uncollected property), in subsection (13), in the definition of "local authority" after paragraph (c) there shall be inserted--

" (ca) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964; and " .

Local Government Finance Act 1982

25 In section 12 of the [1982 c. 32.] Local Government Finance Act 1982 (accounts subject to audit), in subsection (2) for paragraph (g) there shall be substituted--

" (g) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964; " .

26 In section 19 of that Act (declaration that item of account is unlawful), in subsection (7) at the end there shall be added the words "and a police authority established under section 3 of the [1964 c. 48.] Police Act 1964".

27 In section 20 of that Act (recovery of amount not accounted for etc.), in subsection (10) at the end there shall be added the words "and a police authority established under section 3 of the [1964 c. 48] Police Act 1964".

28 After section 28A of that Act there shall be inserted--

" 28B Delivery of documents relating to police authorities to Secretary of State.

(1) The Commission shall send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which relates to a police authority established under section 3 of the [1964 c. 48.] Police Act 1964.

(2) If it appears to the Commission appropriate to do so, it may send to the Secretary of State a copy of any document--

(a) which relates to one or more police authorities established under section 3 of the Police Act 1964, and

(b) which has been sent (or a copy of which has been sent) by the Commission to a police authority established under that section. "

Local Government Act 1986

29 In section 6 of the [1986 c. 10.] Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a) after the entry relating to the Broads Authority there shall be inserted--

" a police authority established under section 3 of the [1964 c. 48] Police Act 1964, " .

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