Political Restrictions
Every new[1] member of staff in the Office of the PCC (except for the Deputy PCC and transferred staff) will be ‘politically restricted’ and subject to s1 of theLocal Government and Housing Act 1989 meaning that the person would not be permitted to be a member (councillor) of a local authority. (s.1 Local Government and Housing Act 1989 as amended by para 200 of Sch 16 to the PR&SR Act 2011, with transitional provision in para 20 of sch15 of the PRSR Act 2011- which exempts existing staff from such political restriction)
No political restriction applies to existing staff providing that they carry out the same or substantially the same duties as they did in the Police Authority. On literal reading this ‘transitional exemption’ also applies to PCC staff that were previously so restricted. This world clearly be at odds with the intentions of the legislation and the need for political restriction and it is suggested that in the early days of the PCC, chief executives should clarify which of the existing staff should be politically restricted and negotiate accordingly - bearing in mind any new members of the PCC’s staff will be politically restricted.
New (or existing) staff employed solely to assist the police force (under the D&C of the Chief Constable) are not politically restrictedunder this legislation.
This applies to ‘police civilians’ within the meaning given by schedule 15 of the 2011 Act and hence any new staff having a dual role, ie. not employedsolely to assist the Chief Constable are politically restricted. (article 4 The Local Policing Bodies (Consequential Amendments & Transitions Provision) Order 2012). This mirrors the position after stage 2 when police civilians will no longer be PCC staff and hence not subject to political restriction in any case.
In the context of the Office of the PCC the term ‘politically restricted’ differs from that currently applied to police authorities and local authorities in that all (new) staff of the Office of the PCC are so restricted, not just those holding certain posts or paid at higher grades. This prohibits a person who holds a politically restricted post from
Standing as a member of—
(a)the House of Commons;
(b)the European Parliament; or
(c)a local authority[2].
Acting as an election agent or sub-agent for a candidate for Parliament, European Parliament or a local authority.
Be an officer of a political party or of any branch of such a party or a member of any committee or sub-committee of such a party or branch if his duties as such an officer or member would be likely to require him—
(a)to participate in the general management of the party or the branch; or
(b)to act on behalf of the party or branch in dealings with persons other than members of the party or members of another political party associated with the party.
Not canvass on behalf of a political party or on behalf of a person who is, or proposes to be, a candidate for election to Parliament, European Parliament or a local authority.
(see The Local Government Officers (Political Restrictions)Regulations 1990 (SI 1990 No 851)
Other requirements applicable to politically restricted posts (as applied by sections 2 and 3[3] Local Government and Housing Act 1989 do not apply to the PCC in that they have not been amended by the 2011 Act and hence only apply to local authorities. The Office of the PCC is not a local authority (s.21 Local Government and Housing Act 1989 as amended by para 204 of Sch 16 to the PR&SR Act 2011).
The appointment of the Deputy PCC is exempt from the requirement to appoint on merit contained in section 7 of theLocal Government and Housing Act 1989 (Police Reform and Social Responsibility Act 201, Schedule 1 para 8(4)). In addition the Deputy PCC post is not a politically restricted post.(s.1 Local Government and Housing Act 1989 as amended by para 200 of Sch 16 to the PR&SR Act 2011)
Stuart Pudney
Chief Executive
Cleveland Police Authority
13th November 2012
[1] Providing that their role is the same or substantial the same as their old post in the Police Authority (para 20(2)(b) of sch15 of the PRSR Act 2011)
[2] Local Authority (defined in s 21 of the Local Government & Housing Act 1989) does not include a Parish Council
[3] Section 2 details the posts within a local authority that are politically restricted and section 3 deals with exemptions and applications (appeal)for exemption