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The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012

S.I. 2012/2734 · Made 30 October 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 April 2020.

Police, England And Wales

Made 30th October 2012

Laid before Parliament 1st November 2012

Coming into force 22nd November 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraph 36(1) of Schedule 6 to the Police Reform and Social Responsibility Act 2011 M1.

Annotations to the whole text

Marginal citations

M1

2011 c. 13.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Application and modification of local authority enactments
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. Signature
  9. Schedule
  10. Part 1: Enactments Applying to Part 2 Panels
  11. 1Paragraph 1
  12. 2Paragraph 2
  13. 3Paragraph 3
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7
  18. 8Paragraph 8
  19. 8AParagraph 8A
  20. Part 2: Enactments applying to English Part 3 Panels
  21. 9Paragraph 9
  22. 10Paragraph 10
  23. 11Paragraph 11
  24. 12Paragraph 12
  25. 13Paragraph 13
  26. 14Paragraph 14
  27. 15Paragraph 15
  28. 16Paragraph 16
  29. 17Paragraph 17
  30. 18Paragraph 18
  31. 19Paragraph 19
  32. 20Paragraph 20
  33. 21Paragraph 21
  34. 22Paragraph 22
  35. 23Paragraph 23
  36. 23AParagraph 23A
  37. Part 3: Enactments applying to Welsh Part 3 Panels
  38. 24Paragraph 24
  39. 25Paragraph 25
  40. 26Paragraph 26
  41. 27Paragraph 27
  42. 28Paragraph 28
  43. 29Paragraph 29
  44. 30Paragraph 30
  45. 31Paragraph 31
  46. 32Paragraph 32
  47. 33Paragraph 33
  48. 34Paragraph 34
  49. 35Paragraph 35
  50. 36Paragraph 36
  51. 37Paragraph 37
  52. 37AParagraph 37A
  53. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 and come into force on 22nd November 2012.

(2)

These Regulations extend to England and Wales.

2Interpretation

In these Regulations—

  • “English Part 3 panel” means a police and crime panel for a police area in England established and maintained in accordance with Part 3 of Schedule 6;

  • “councillor”, in relation to a relevant local authority, means a person who—

    1. (a)

      is a member of the authority; or

    2. (b)

      is the elected mayor of the mayor and cabinet executive (within the meaning of Part 2 of the Local Government Act 2000 M1) of the authority;

  • “councillor panel member” means a councillor who—

    1. (a)

      is appointed as a member of a police and crime panel under paragraph 9, 10, 16 or 18 of Schedule 6; or

    2. (b)

      is co-opted by the panel under paragraph 4(1)(b) or 13(1)(b) of that Schedule;

  • “host authority”, in relation to a police and crime panel, means the relevant local authority which is being provided by the Secretary of State under paragraph 11(2)(b) or 20(1)(c) of Schedule 6 with financial resources in connection with the exercise of functions by or in relation to the panel and its members;

  • “independent panel member” means a person who is co-opted by a police and crime panel under paragraph 4(1)(b) or 13(1)(b) of Schedule 6 and is not a councillor;

  • “local authority” means—

    1. (a)

      in relation to England, a county or district council;

    2. (b)

      in relation to Wales, a county council or a county borough council;

  • “multi-authority police area” means a police area which covers two or more local authorities;

  • “Part 2 panel” means a police and crime panel established and maintained in accordance with Part 2 of Schedule 6;

  • “relevant local authority”, in relation to a police and crime panel, means a local authority which the police area of the panel covers;

  • “Schedule 6” means Schedule 6 to the Police Reform and Social Responsibility Act 2011;

  • “single-authority police area” means a police area which covers only one local authority;

  • “Welsh Part 3 panel” means a police and crime panel for a police area in Wales established and maintained in accordance with Part 3 of Schedule 6.

3Application and modification of local authority enactments

To the extent that they do not already apply, the enactments listed in Part 1 of the Schedule apply in relation to a Part 2 panel and the members of such a panel.

4

The enactments listed in Part 2 of the Schedule apply in relation to an English Part 3 panel and the members of such a panel.

5

The enactments listed in Part 3 of the Schedule apply in relation to a Welsh Part 3 panel and the members of such a panel.

6

In their application by virtue of regulations 3 to 5, the enactments listed in Parts 1 to 3 of the Schedule have effect as if —

(a)

the functions of the panel were functions of the relevant local authority (in a single-authority police area) or the relevant local authorities (in a multi-authority police area);

(b)

the panel were a committee of the relevant local authority (in a single-authority police area) or a joint committee of the relevant local authorities (in a multi-authority police area), appointed for the purpose of discharging those functions under section 102(1) of the Local Government Act 1972 M1;

(c)

a councillor panel member were serving on such a committee (in a single authority police area) or joint committee (in a multi-authority police area) in the member's capacity as a councillor; and

(d)

an independent panel member were a member of such a committee (in a single-authority police area) or a member of, and representing the host authority on, such a joint committee (in a multi-authority police area), and entitled to vote on any question that falls to be decided at a meeting of the committee or joint-committee.

7

In its application by virtue of regulations 3 to 5 and paragraph 2, 11 or 26 of the Schedule, section 101(2) of the Local Government Act 1972 M1 shall have effect as if it read—

“(2)

Subject to paragraph 27(1) of Schedule 6 to the Police Reform and Social Responsibility Act 2011 (exercise of special functions), a police and crime panel may arrange for the discharge of any of its functions by a sub-committee of the panel or by an officer of any local authority in the police area, and where functions of the panel are discharged by a sub-committee, then, unless the panel directs otherwise, the sub-committee may arrange for the discharge of any of those functions by an officer of any of the local authorities in the police area.”.

Signature

Damian Green

Minister of State

Home Office

1

Part VA of, and Schedule 12A to, the Local Government Act 1972 M1 (access to meetings and documents of certain authorities, committees and sub-committees).

2

Section 101(2) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities).

3

Section 39 of the Local Government (Miscellaneous Provisions) Act 1976 M1 (protection of members and officers of local authorities from personal liability).

4

Section 101 of the Local Government Act 2000 M1 (indemnification of members and officers of relevant authorities) and the Local Authorities (Indemnities for Members and Officers) Order 2004 M2.

5

The Freedom of Information Act 2000 M1.

6

Part 11 of the Equalities Act 2010 M1 (advancement of equality).

7

Section 25 of the Localism Act 2011 M1 (prior indications of view of matter not to amount to predetermination).

8

Chapter 7 of Part 1 of the Localism Act 2011 M1 (standards) and the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 M2.

8AF1

Regulation 15 of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.

9

Section 99 of, and paragraphs 40 to 44 of Schedule 12 to, the Local Government Act 1972 M1 (meetings and proceedings of local authorities).

10

Part VA of, and Schedule 12A to, the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

11

Section 101(2) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities).

12

Section 103 of the Local Government Act 1972 M1 (expenses of joint committees).

13

Section 104 of the Local Government Act 1972 M1 (disqualification for membership of committees and joint committees).

14

Sections 224, 225 and 228 to 234 of the Local Government Act 1972 M1 (documents and notices).

15

Part III of, and Schedule 5 to, the Local Government Act 1974 M1 (local government administration).

16

Section 39 of the Local Government (Miscellaneous Provisions) Act 1976 (protection of members and officers of local authorities from personal liability).

17

Section 41 of the Local Government (Miscellaneous Provisions) Act 1976 M1 (evidence of resolutions and minutes of proceedings).

18

Part II of the Local Government Act 1986 M1 (local authority publicity) and the Local Authorities (Publicity Account) (Exemption) Order 1987 M2.

19

Section 101 of the Local Government Act 2000 (indemnification of members and officers of relevant authorities) and the Local Authorities (Indemnities for Members and Officers) Order 2004.

20

The Freedom of Information Act 2000.

21

Part 11 of the Equalities Act 2010 (advancement of equality).

22

Section 25 of the Localism Act 2011 (prior indications of view of matter not to amount to predetermination).

23

Chapter 7 of Part 1 of the Localism Act 2011 (standards) and the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.

23AF1

Part 2 and Regulations 6 and 15 of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.

24

Section 99 of, and paragraphs 40 to 44 of Schedule 12 to, the Local Government Act 1972 (meetings and proceedings of local authorities).

25

Part VA of, and Schedule 12A to, the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

26

Section 101(2) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities).

27

Section 103 of the Local Government Act 1972 (expenses of joint committees).

28

Section 104 of the Local Government Act 1972 (disqualification for membership of committees and joint committees).

29

Sections 224, 225 and 228 to 234 of the Local Government Act 1972 (documents and notices).

30

Section 39 of the Local Government (Miscellaneous Provisions) Act 1976 (protection of members and officers of local authorities from personal liability).

31

Section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings).

32

Part II of the Local Government Act 1986 (local authority publicity) and the Local Authorities (Publicity Account) (Exemption) Order 1987.

33

Part III of the Local Government Act 2000 M1 (conduct of local government members and employees), the Conduct of Members (Principles) (Wales) Order 2001 M2, the Standards Committees (Grant of Dispensation) (Wales) Regulations 2001 M3, the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 M4, the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 M5, the Public Services Ombudsman for Wales (Standards Investigations) Order 2006 M6 and the Local Authorities (Model Code of Conduct) (Wales) Order 2008 M7.

34

Section 101 of the Local Government Act 2000 (indemnification of members and officers of relevant authorities) and the Local Authorities (Indemnities for Members and Officers) (Wales) Order 2006 M1.

35

The Freedom of Information Act 2000.

36

Part 2 of, and Schedule 2 to, the Public Services Ombudsman (Wales) Act 2005 M1 (investigation of complaints).

37

Part 11 of the Equalities Act 2010 (advancement of equality).

37AF1

Part 2 and Regulations 6 and 15 of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.

Explanatory note

(This note is not part of the Regulations)

Section 28 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) provides for each police area in England and Wales outside London to have a police and crime panel with the function of scrutinising the decisions and actions of the police and crime commissioner established under section 1.

Schedule 6 to the 2011 Act makes provision in relation to the formation and maintenance of these police and crime panels. Part 2 applies to a police and crime panel for a police area in England (referred to in these Regulations as a “Part 2 panel”). Part 3 applies to a police and crime panel for a police area in Wales, and also a panel formed by order of the Secretary of State for a police area in England where the local authorities in the police area have failed to comply with certain provisions of Part 2 (referred to in these Regulations as a “Welsh Part 3 panel” and an “English Part 3 panel”, respectively).

A Part 2 panel is a committee of the local authority, or a joint committee of the local authorities, in the police area (see paragraph 4(5) of Schedule 6 to the 2011 Act). Accordingly, large parts of the legislation applicable to local authority committees in England automatically applies to Part 2 panels. However, there are instances where, due to the precise wording of the legislation, it does not apply to Part 2 panels, or does not apply in all circumstances, or does not apply in relation to all members of the panels.

A Part 3 panel is not a local authority committee (see paragraph 13(5) of Schedule 6 to the 2011 Act). It is a body established and maintained by the Secretary of State (see paragraph 12(2) of that Schedule). Legislation applying to local authority committees will not automatically apply to Part 3 panels.

These Regulations apply legislation applicable to local authority committees to Part 2 panels (to the extent that it does not already apply) and to Part 3 panels. The provisions are modified, in their application to police and crime panels, to address differences between the provisions and those of the 2011 Act, and to reflect the fact that, in each police area, one local authority will provide support to the police and crime panel using funds provided by the Secretary of State (referred to in these Regulations as the “host authority”).