Crime and Disorder Act 1998

17 Duty to consider crime and disorder implications. E+W

(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,

[F1 (a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and

(b) the misuse of drugs, alcohol and other substances in its area][F2 ; and

(c) re-offending in its area] [F3 ; and

(d) serious violence in its area.]

[F4 (1A) The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

(a) prevent people from becoming involved in serious violence in its area, and

(b) reduce instances of serious violence in its area.]

[F5 (2) This section applies to each of the following—

• a local authority;

• a joint authority;

• [F6 a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);]

• [F7 a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

• [F8 a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

• [F9 the London Fire Commissioner;]

• a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• [F10 a fire and rescue authority created by an order under section 4A of that Act;]

• a metropolitan county fire authority;

• [F11 a local policing body];

• a National Park authority;

• the Broads Authority;

• [F12 the Greater London Authority;

• F13 ...

• Transport for London.]]

(3) In this section—

• “local authority” means a local authority within the meaning given by section 270(1) of the M1 Local Government Act 1972 or the Common Council of the City of London;

• “joint authority” has the same meaning as in the M2 Local Government Act 1985;

• “National Park authority” means an authority established under section 63 of the M3 Environment Act 1995.

[F14 (4) The appropriate national authority may by order amend this section by—

(a) adding an entry for any person or body to the list of authorities in subsection (2),

(b) altering or repealing any entry for the time being included in the list, or

(c) adding, altering or repealing provisions for the interpretation of entries in the list.

(5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5.]

[F15 (6) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.]

Textual Amendments

F1 S. 17(1)(a)(b) substituted for words in s. 17(1) (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F2 S. 17(1)(c) and preceding word inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(6), 116(1); S.I. 2010/507, art. 5(p)

F3 S. 17(1)(d) and word inserted (28.4.2022 for specified purposes, 31.1.2023 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 20(9), 208(4)(f); S.I. 2022/1227, reg. 4(l)

F4 S. 17(1A) inserted (28.4.2022 for specified purposes, 31.1.2023 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 20(10), 208(4)(f); S.I. 2022/1227, reg. 4(l)

F5 S. 17(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F6 Words in s. 17(2) inserted (25.3.2022) by The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022 (S.I. 2022/367), arts. 1(2), 2

F7 Words in s. 17(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 90; S.I. 2009/3318, art. 2(b)(c)

F8 Words in s. 17(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 120 (with s. 247)

F9 Words in s. 17(2) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 105; S.I. 2018/227, reg. 4(c)

F10 Words in s. 17(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 79; S.I. 2017/399, reg. 2, Sch. para. 38

F11 Words in s. 17(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 233; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F12 Words in s. 17(2) inserted (15.2.2008) by The Crime and Disorder Act 1998 (Additional Authorities) Order 2008 (S.I. 2008/78), art. 2

F13 Words in s. 17(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F14 S. 17(4)(5) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F15 S. 17(6) inserted (28.4.2022 for specified purposes, 31.1.2023 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 20(11), 208(4)(f); S.I. 2022/1227, reg. 4(l)

Commencement Information

I1 S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1972 c.70.

M2 1985 c.51.

M3 1995 c.25.