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(1)Subsection (2) applies where—
(a)a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—
(i)from being a police and crime commissioner, or
(ii)from being the police and crime commissioner for the police area,
(b)the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or
(c)a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months).
(2)The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—
(a)it has been declared vacant by the High Court, or
(b)an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.
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