S. 19 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(a)
S. 19(3)-(8B) substituted for (30.4.2009 for E., 1.10.2009 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 126(2), 245(5); S.I. 2009/959, art. 2(a); S.I. 2009/2539, art. 2(a)
Words in s. 19(9)(b) substituted (30.4.2009 for E., 1.10.2009 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 126(3), 245(5); S.I. 2009/959, art. 2(a); S.I. 2009/2539, art. 2(a)
Words in s. 19(11) inserted (30.4.2009 for E., 1.10.2009 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 126(4)(a), 245(5); S.I. 2009/959, art. 2(a); S.I. 2009/2539, art. 2(a)
Words in s. 19(11) substituted (30.4.2009 for E., 1.10.2009 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 126(4)(b), 245(5); S.I. 2009/959, art. 2(a); S.I. 2009/2539, art. 2(a)
S. 19 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(a)
S. 19(9A)(9B) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(4); S.I. 2012/1008, art. 4(b)
Words in s. 19(3)(a) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(2)(a); S.I. 2012/1008, art. 4(b)
Words in s. 19(3)(a) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(2)(b); S.I. 2012/1008, art. 4(b)
Words in s. 19(11) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(6)(a); S.I. 2012/1008, art. 4(b)
Words in s. 19(11) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(6)(b); S.I. 2012/1008, art. 4(b)
Words in s. 19(10) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(5); S.I. 2012/1008, art. 4(b)
Words in s. 19(9) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 80(3), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
Word in s. 19(11) omitted (31.1.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 21(a), 208(1); S.I. 2022/1227, reg. 4(m)
Words in s. 19(11) inserted (31.1.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 21(b), 208(1); S.I. 2022/1227, reg. 4(m)
Every local authority shall ensure that it has a committee (the “
to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions;
to make reports or recommendations to the local authority with respect to the discharge of those functions.
“
Where by virtue of subsection (1)(b) the crime and disorder committee makes a report or recommendations it shall provide a copy—
to each of the responsible authorities, and
to each of the persons with whom, and bodies with which, the responsible authorities have a duty to co-operate under section 5(2) of the Crime and Disorder Act 1998 (“the co-operating persons and bodies”).
A local authority must—
ensure that its crime and disorder committee has power (whether by virtue of section
make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.
For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.
Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).
In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—
any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.
If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—
its decision, and
the reasons for it.
Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—
provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and
provide a copy of the report or recommendations to such of—
the responsible authorities, and
the co-operating persons and bodies,
as it thinks appropriate.
Subsection (8B) applies where the crime and disorder committee of a local authority—
makes a report or recommendations to the authority by virtue of subsection (3)(a), or
provides a copy of a report or recommendations under subsection (2) or (8)(b).
Where this subsection applies—
the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and
the authority, body or person must—
consider the report or recommendations;
respond to the committee indicating what (if any) action it proposes to take;
have regard to the report or recommendations in exercising its functions.
In the case of a local authority operating executive arrangements—
the crime and disorder committee is to be an overview and scrutiny committee of the authority
a reference in
In subsection (9) “
in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and
in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).
In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.
Schedule 8 (which makes further provision about the crime and disorder committees of local authorities
In this section—
“
“
in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and
in relation to Wales, executive arrangements under Part 2 of that Act;
“
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment),
the misuse of drugs, alcohol and other substances,
which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area,
serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998).