Part 5: Police and Crime Commissioners and Police Areas Section 121: Term of office of deputy police and crime commissioner
Paragraph 8 of Schedule 1 to the 2011 Act provides for the term of office of a deputy PCC to end "not later than the day when the current term of office of the appointing PCC ends."
	Subsection (2) amends paragraph 8 of Schedule 1 to the 2011 Act to provide greater flexibility concerning a deputy PCC’s term of office. The amendment covers two situations: the first following an ordinary PCC election (where no by-election has been called), the second where a by-election is called due to a vacancy in the office of the PCC. In the first case, the PCC will be required to include in the terms and conditions of the deputy PCC that the latter’s term of office will end no later than six days after the day of the poll at the next ordinary PCC election. That is the same date as the day on which the term of office of the appointing PCC would, if there were no vacancy (leading to a by-election) in the office before then, end in accordance with section 50(7)(b). This ensures the deputy PCC is able to remain in post until a new PCC takes office.
	In the second case, the deputy PCC’s term of office will automatically end when, in the event of a by election, the new PCC makes and delivers a declaration of acceptance of office. The newly elected PCC may then decide whether to re-appoint the existing deputy PCC, replace them or discontinue the post altogether. This will enable the deputy PCC to remain in post until the new PCC takes office following the by-election, whilst allowing the new PCC flexibility about whether he appoints a deputy PCC or not. This amendment also ensures that a deputy PCC is eligible to be appointed as the acting PCC, if the relevant Police and Crime Panel chooses to do so. This is because an acting PCC must be appointed from the existing staff of the PCC.
	New paragraph 8(3B) of Schedule 1 to the 2011 Act allows a PCC, subject to the provisions above, to make such provisions about termination of the appointment of a deputy PCC in the terms and conditions of appointment as the appointing PCC thinks appropriate. This will allow a degree of local flexibility to enable the PCC, for example, to make a short term appointment.
	Subsections (4) to (6) contain transitional provisions so that the change in the term of office of a deputy PCC has retrospective effect, save where on the date this section comes into force a by-election is in progress.