division_name: Alcohol Marketing &#8212; Part 4 &#8212; General provisions
motion: <p class="italic" pid="b.443.1/1" pwmotiontext="yes">Restrictions on membership of panel</p>
  
  <p pid="b.443.1/2" pwmotiontext="yes">21 The police and crime commissioner for a police area may not be a member of the police and crime panel for the area.</p>
  
  <p pid="b.443.1/3" pwmotiontext="yes">22 A person may not be a co-opted member of the police and crime panel for a police area if the person is any of the following&#8212;</p>
  
  <p pid="b.443.1/4" pwmotiontext="yes">(a) a member of the staff of the police and crime commissioner for that police area;</p>
  
  <p pid="b.443.1/5" pwmotiontext="yes">(b) a member of the civilian staff of the police force for that police area;</p>
  
  <p pid="b.443.1/6" pwmotiontext="yes">(c) a member of a local authority which is covered by that police area;</p>
  
  <p pid="b.443.1/7" pwmotiontext="yes">(d) a Member of Parliament;</p>
  
  <p pid="b.443.1/8" pwmotiontext="yes">(e) a member of the National Assembly for Wales;</p>
  
  <p pid="b.443.1/9" pwmotiontext="yes">(f) a member of the Scottish Parliament;</p>
  
  <p pid="b.443.1/10" pwmotiontext="yes">(g) a member of the European Parliament.</p>
  
  <p class="italic" pid="b.443.1/11" pwmotiontext="yes">Panel arrangements</p>
  
  <p pid="b.443.1/12" pwmotiontext="yes">23 (1) Panel arrangements are arrangements for the establishment and maintenance of a police and crime panel.</p>
  
  <p pid="b.443.1/13" pwmotiontext="yes">(2) Panel arrangements must make provision about the co-option of, and holding of office by, the two co-opted members of the police and crime panel.</p>
  
  <p pid="b.443.1/14" pwmotiontext="yes">(3) Panel arrangements must include provision about&#8212;</p>
  
  <p pid="b.443.1/15" pwmotiontext="yes">(a) the term of office of appointed members and co-opted members of the panel;</p>
  
  <p pid="b.443.1/16" pwmotiontext="yes">(b) resignation, and removal, of appointed members and co-opted members of the panel;</p>
  
  <p pid="b.443.1/17" pwmotiontext="yes">(c) conditions for re-appointment of appointed members and co-opted members of the panel.</p>
  
  <p pid="b.443.1/18" pwmotiontext="yes">(4) Panel arrangements may not make rules of procedure for the police and crime panel (as to which see paragraph 24).</p>
  
  <p pid="b.443.1/19" pwmotiontext="yes">(5) Panel arrangements may make different provision for different cases.</p>
  
  <p pid="b.443.1/20" pwmotiontext="yes">(6) The following persons must comply with the panel arrangements relating to a police and crime panel&#8212;</p>
  
  <p pid="b.443.1/21" pwmotiontext="yes">(a) each relevant local authority;</p>
  
  <p pid="b.443.1/22" pwmotiontext="yes">(b) each member of the police and crime panel.</p>
  
  <p class="italic" pid="b.443.1/23" pwmotiontext="yes">Rules of procedure</p>
  
  <p pid="b.443.1/24" pwmotiontext="yes">24 (1) A police and crime panel must make rules of procedure for the panel.</p>
  
  <p pid="b.443.1/25" pwmotiontext="yes">(2) A police and crime panel&#8217;s rules of procedure must make provision about the appointment, resignation and removal of a person to chair the panel.</p>
  
  <p pid="b.443.1/26" pwmotiontext="yes">(3) The police and crime panel&#8217;s rules of procedure may, in particular, make provision about&#8212;</p>
  
  <p pid="b.443.1/27" pwmotiontext="yes">(a) the method of making decisions, and</p>
  
  <p pid="b.443.1/28" pwmotiontext="yes">(b) the formation of sub-committees.</p>
  
  <p pid="b.443.1/29" pwmotiontext="yes">(4) A sub-committee of a police and crime panel may not co-opt members.</p>
  
  <p pid="b.443.1/30" pwmotiontext="yes">(5) This paragraph is subject to paragraph 26.</p>
  
  <p class="italic" pid="b.443.1/31" pwmotiontext="yes">Voting by members</p>
  
  <p pid="b.443.1/32" pwmotiontext="yes">25 All members of a police and crime panel may vote in proceedings of the panel.</p>
  
  <p class="italic" pid="b.443.1/33" pwmotiontext="yes">Exercise of special functions</p>
  
  <p pid="b.443.1/34" pwmotiontext="yes">26 (1) The special functions of a police and crime panel may not be discharged by a committee or sub-committee of the panel.</p>
  
  <p pid="b.443.1/35" pwmotiontext="yes">(2) In this paragraph &#8220;special functions&#8221; means the functions conferred on a police and crime panel by&#8212;</p>
  
  <p pid="b.443.1/36" pwmotiontext="yes">(a) section 28(2) (scrutiny of police and crime plan);</p>
  
  <p pid="b.443.1/37" pwmotiontext="yes">(b) section 28(3) (scrutiny of annual report);</p>
  
  <p pid="b.443.1/38" pwmotiontext="yes">(c) Schedule 5 (issuing precepts); and</p>
  
  <p pid="b.443.1/39" pwmotiontext="yes">(d) Part 1 of Schedule 8 (scrutiny of appointment of chief constables).</p>
  
  <p class="italic" pid="b.443.1/40" pwmotiontext="yes">Allowances</p>
  
  <p pid="b.443.1/41" pwmotiontext="yes">27 The panel arrangements may make provision about the payment of allowances to members of the police and crime panel.</p>
  
  <p class="italic" pid="b.443.1/42" pwmotiontext="yes">Promotion of, and support, for panels</p>
  
  <p pid="b.443.1/43" pwmotiontext="yes">28 The panel arrangements must make provision for&#8212;</p>
  
  <p pid="b.443.1/44" pwmotiontext="yes">(a) the role of the police and crime panel to be promoted;</p>
  
  <p pid="b.443.1/45" pwmotiontext="yes">(b) administrative and other support to be given to the police and crime panel and its members;</p>
  
  <p pid="b.443.1/46" pwmotiontext="yes">(c) support and guidance to be given to&#8212;</p>
  
  <p pid="b.443.1/47" pwmotiontext="yes">(i) members of relevant local authorities,</p>
  
  <p pid="b.443.1/48" pwmotiontext="yes">(ii) members of the executives (if any) of relevant local authorities, and</p>
  
  <p pid="b.443.1/49" pwmotiontext="yes">(iii) officers of relevant local authorities,</p>
  
  <p pid="b.443.1/50" pwmotiontext="yes">in relation to the functions of the police and crime panel.</p>
  
  <p class="italic" pid="b.443.1/51" pwmotiontext="yes">Validity of proceedings</p>
  
  <p pid="b.443.1/52" pwmotiontext="yes">29 The validity of the proceedings of a police and crime panel is not affected by a vacancy in the membership of the panel or a defect in appointment.</p>
  
  <p class="italic" pid="b.443.1/53" pwmotiontext="yes">Duty to produce balanced panel</p>
  
  <p pid="b.443.1/54" pwmotiontext="yes">30 (1) In exercising functions under Part 2 or 3 of this Schedule, a relevant local authority must secure that (as far as is reasonably practicable) the balanced appointment objective is met.</p>
  
  <p pid="b.443.1/55" pwmotiontext="yes">(2) In exercising functions under Part 2 or 3 of this Schedule, the Secretary of State must secure that (as far as is reasonably practicable) the balanced appointment objective is met.</p>
  
  <p pid="b.443.1/56" pwmotiontext="yes">(3) The &#8220;balanced appointment objective&#8221; referred to in this paragraph is the objective that the appointed members of a police and crime panel (when taken together)&#8212;</p>
  
  <p pid="b.443.1/57" pwmotiontext="yes">(a) represent all parts of the relevant police area;</p>
  
  <p pid="b.443.1/58" pwmotiontext="yes">(b) represent the political make-up of&#8212;</p>
  
  <p pid="b.443.1/59" pwmotiontext="yes">(i) the relevant local authority, or</p>
  
  <p pid="b.443.1/60" pwmotiontext="yes">(ii) the relevant local authorities (when taken together);</p>
  
  <p pid="b.443.1/61" pwmotiontext="yes">(c) have the skills, knowledge and experience necessary for the police and crime panel to discharge its functions effectively.</p>
  
  <p pid="b.443.1/62" pwmotiontext="yes">31 In co-opting members, a police and crime panel must secure that (as far as is reasonably practicable), the appointed and co-opted members of the panel (when taken together) have the skills, knowledge and experience necessary for the police and crime panel to discharge its functions effectively.</p>
  
  <p class="italic" pid="b.443.1/63" pwmotiontext="yes">Application of other legislation</p>
  
  <p pid="b.443.1/64" pwmotiontext="yes">32 (1) The Secretary of State may, by regulations&#8212;</p>
  
  <p pid="b.443.1/65" pwmotiontext="yes">(a) modify a relevant enactment in its application to Part 2 panels, or</p>
  
  <p pid="b.443.1/66" pwmotiontext="yes">(b) provide for a relevant enactment not to apply to Part 2 panels.</p>
  
  <p pid="b.443.1/67" pwmotiontext="yes">(2) The Secretary of State may, by regulations, provide for a relevant enactment to apply (with or without modifications) to Part 3 panels.</p>
  
  <p pid="b.443.1/68" pwmotiontext="yes">(3) In this paragraph&#8212;</p>
  
  <p pid="b.443.1/69" pwmotiontext="yes">&#8220;Part 2 panels&#8221; means police and crime panels established and maintained under Part 2 of this Schedule (which are committees or joint committees of the relevant local authority or authorities);</p>
  
  <p pid="b.443.1/70" pwmotiontext="yes">&#8220;Part 3 panels&#8221; means police and crime panels established and maintained under Part 3 of this Schedule (which are not committees or joint committees of any local authority);</p>
  
  <p pid="b.443.1/71" pwmotiontext="yes">&#8220;relevant enactment&#8221; means an enactment which applies to a committee of a local authority or a joint committee of local authorities.</p>
  
  <p class="italic" pid="b.443.1/72" pwmotiontext="yes">Regulations about notifications</p>
  
  <p pid="b.443.1/73" pwmotiontext="yes">33 The Secretary of State may, by regulations, make provision about notifications to be given by persons in relation to&#8212;</p>
  
  <p pid="b.443.1/74" pwmotiontext="yes">(a) their compliance, or failure to comply, with any duty imposed under this Schedule; or</p>
  
  <p pid="b.443.1/75" pwmotiontext="yes">(b) their exercise, or failure to exercise, any power conferred under this Schedule.</p>
  
  <p class="italic" pid="b.443.1/76" pwmotiontext="yes">Regulations about making nominations</p>
  
  <p pid="b.443.1/77" pwmotiontext="yes">34 (1) The Secretary of State may, by regulations, make provision about&#8212;</p>
  
  <p pid="b.443.1/78" pwmotiontext="yes">(a) the making of nominations (including provision about when nominations lapse);</p>
  
  <p pid="b.443.1/79" pwmotiontext="yes">(b) the notification of nominations (whether to the nominee or any other person); and</p>
  
  <p pid="b.443.1/80" pwmotiontext="yes">(c) the acceptance and refusal of nominations (including provision about when nominations are to be treated as having been accepted or refused).</p>
  
  <p pid="b.443.1/81" pwmotiontext="yes">(2) In this paragraph &#8220;nomination&#8221; means a nomination by a relevant local authority or the Secretary of State of a person to be a member of a police and crime panel.</p>
  
  <p class="italic" pid="b.443.1/82" pwmotiontext="yes">Regulations about making appointments</p>
  
  <p pid="b.443.1/83" pwmotiontext="yes">35 (1) The Secretary of State may, by regulations, make provision about&#8212;</p>
  
  <p pid="b.443.1/84" pwmotiontext="yes">(a) the making of appointments;</p>
  
  <p pid="b.443.1/85" pwmotiontext="yes">(b) the notification of appointments (whether to the appointee or any other person); and</p>
  
  <p pid="b.443.1/86" pwmotiontext="yes">(c) the termination of appointments (including provision about when appointments are to be treated as having been terminated).</p>
  
  <p pid="b.443.1/87" pwmotiontext="yes">(2) In this paragraph &#8220;appointment&#8221; means&#8212;</p>
  
  <p pid="b.443.1/88" pwmotiontext="yes">(a) the appointment by a relevant local authority or the Secretary of State of a person as a member of a police and crime panel, and</p>
  
  <p pid="b.443.1/89" pwmotiontext="yes">(b) the co-option by a police and crime panel of a person to be a member of the panel.</p>
  
  <p class="italic" pid="b.443.1/90" pwmotiontext="yes">Regulations about modification etc of functions</p>
  
  <p pid="b.443.1/91" pwmotiontext="yes">36 (1) The Secretary of State may, by regulations, make provision for modifying, suspending, transferring or removing relevant functions insofar as they are exercisable in relation to police and crime panels in respect of which the Secretary of State is, or has been, required to nominate members.</p>
  
  <p pid="b.443.1/92" pwmotiontext="yes">(2) In this paragraph, &#8220;relevant functions&#8221; means functions conferred on relevant local authorities or the Secretary of State by this Schedule.</p>
  
  <p class="italic" pid="b.443.1/93" pwmotiontext="yes">Interpretation</p>
  
  <p pid="b.443.1/94" pwmotiontext="yes">37 (1) A reference in this Schedule to a police area which covers a local authority is a reference to a police area whose area is the same as, or includes, all or part of the local authority&#8217;s area.</p>
  
  <p pid="b.443.1/95" pwmotiontext="yes">(2) The circumstances in which a relevant local authority may be taken, for the purposes of this Schedule, to have failed to nominate or appoint a councillor as a member of a police and crime panel include circumstances where a councillor who is nominated and appointed fails to remain as a member of the panel for such a period as the Secretary of State considers reasonable.</p>
  
  <p pid="b.443.1/96" pwmotiontext="yes">(3) In this Schedule&#8212;</p>
  
  <p pid="b.443.1/97" pwmotiontext="yes">&#8220;appointed member&#8221; means a member of a police and crime panel by virtue of paragraph 4(1)(a) or 13(1)(a);</p>
  
  <p pid="b.443.1/98" pwmotiontext="yes">&#8220;co-opted member&#8221; means a member of a police and crime panel by virtue of paragraph 4(1)(b) or 13(1)(b);</p>
  
  <p pid="b.443.1/99" pwmotiontext="yes">&#8220;councillor&#8221;, in relation to local authority, means a person who&#8212;</p>
  
  <p pid="b.443.1/100" pwmotiontext="yes">(a) is a member of the local authority, or(b) is the elected mayor of a mayor and cabinet executive (within the meaning of Part 2 of the Local Government Act 2000) of a relevant local authority;</p>
  
  <p pid="b.443.1/101" pwmotiontext="yes">&#8220;English police and crime panel&#8221; means a police and crime panel for a police area in England;</p>
  
  <p pid="b.443.1/102" pwmotiontext="yes">&#8220;local authority&#8221; means&#8212;</p>
  
  <p pid="b.443.1/103" pwmotiontext="yes">(a) in relation to England, a county council or a district council;(b) in relation to Wales, a county council or a county borough council;</p>
  
  <p pid="b.443.1/104" pwmotiontext="yes">&#8220;multi-authority police area&#8221; means a police area which covers two or more local authorities;</p>
  
  <p pid="b.443.1/105" pwmotiontext="yes">&#8220;panel arrangements&#8221; means the arrangements referred to in paragraph 23;</p>
  
  <p pid="b.443.1/106" pwmotiontext="yes">&#8220;relevant local authority&#8221;, in relation to a police area, means a local authority which the police area covers;</p>
  
  <p pid="b.443.1/107" pwmotiontext="yes">&#8220;single-authority police area&#8221; means a police area which covers only one local authority;</p>
  
  <p pid="b.443.1/108" pwmotiontext="yes">&#8220;Welsh police and crime panel&#8221; means a police and crime panel for a police area in Wales.&#8217;.&#8212;<i>(Nick Herbert.)</i></p>
  
  <p class="italic" pid="b.443.1/109" pwmotiontext="yes">Brought up.</p>
  
  <p pid="b.443.1/110" pwmotiontext="yes"><i>Question put,</i> That the schedule be added to the Bill.</p>
  
  <p class="italic" pid="b.443.1/111" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b.443.1/112" pwmotiontext="yes">Ayes 306, Noes 222.</p>