Explanatory note

This Order makes supplementary and transitional provision which is expedient for the purposes of bringing into force and giving full effect to paragraphs 1 to 6 of Schedule 2 to the Police and Justice Act 2006 (“the 2006 Act”). Paragraphs 1 to 6 of Schedule 2 to the 2006 Act introduce a new regime for the membership of police authorities. Those provisions will be brought into force on 15th January 2007. Regulations will be made under those provisions and will apply from, and to the appointments process applicable to appointments which take effect from, in the case of a police authority established under section 3 of the Police Act 1996 (“the 1996 Act”), 1st April 2008, and in the case of the Metropolitan Police Authority, 3rd July 2008. Until those dates, the existing provisions of the 1996 Act will continue to apply, except that those existing provisions which relate to the making of appointments will only apply in respect of appointments that take effect before those dates.

The new regime reduces the mandatory number of lay justice members of police authorities. Article 2(1)(a) and (2) of this Order ensures that existing lay justice members of those police authorities established under section 3 of the 1996 Act whose appointments would otherwise expire on or after 15th January 2007 will be extended to 31st March 2008 in order to avoid the need to make new appointments for a short period only. Article 3(1)(a) and (2) of this Order ensures that, in the case of the Metropolitan Police Authority, the appointments are extended to 2nd July 2008. Articles 2(1)(b), 3(1)(b) and 4 provide that those appointments shall be extended notwithstanding the fact that the member in question ceases to be a lay justice assigned to a local justice area within the authority’s area on or after 15th January 2007 as a result of his name having been put on the supplemental list in accordance with section 13 of the Courts Act 2003 and notwithstanding the fact that he consequently ceases to work or reside primarily in the police area of the police authority. Article 5 ensures that current Schedules 2 and 2A to the 1996 Act will otherwise continue to apply to a lay justice member of a police authority as provided for under the Police and Justice Act 2006 (Commencement No. 1, Transitional and Saving Provisions Order) 2006.