Overview Police and Crime Commissioners: Elections and Vacancies Section 71: Judicial proceedings as to disqualification or vacancy
212.Section 71 provides that a person who claims that another who is purporting to act as police and crime commissioner has been disqualified may apply to the High Court for a declaration to that effect and that accordingly the office is vacant. An application can also be made where a vacancy arises because the commissioner is incapacitated and an acting commissioner has been acting for more than 6 months and where a person fails properly to give a declaration of acceptance of office within 2 months after being elected. Subsection (3) provides that no declaration may be made if an election petition is pending or has been tried in which the person’s disqualification on those grounds was an issue. On an application the applicant must give such security for costs as the court may direct, subject to the maximum amount specified in subsection (6). The decision of the court is final.