Police Act 1964

• (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),

• (c) the police authority is satisfied that the member is incapacitated by physical or mental illness, or

• (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

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;

• (c) the two members of the panel appointed by virtue of paragraphs (a) and (b) of this sub-paragraph.

• (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),

• (c) the appointer is satisfied that the member is incapacitated by physical or mental illness, or

• (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.

I, of do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

3A

If, in a case where a notice of objection with respect to any proposed scheme is received by the Secretary of State as mentioned in paragraph 3 above—

• (a) it appears to the Secretary of State that the proposed scheme contains only such provision as is appropriate in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning of that Part); and

• (b) the period (if any) that has elapsed between the making of that order and the giving of the notice which is required to be given under paragraph 1 above in relation to that scheme does not exceed twelve months,

the Secretary of State shall be under a duty to consider that objection but shall not be required to cause a local inquiry to be held in respect of it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 6

SCHEDULES 7

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Editorial notes