Police and Justice Act 2006

Section 19

SCHEDULE 8 E+W Further provision about crime and disorder committees of certain local authorities

Introductory E+W

1 (1) This Schedule applies in relation to a local authority[F1 — E+W

(a)] that is not operating executive arrangements under Part [F2 1A or] 2 of the Local Government Act 2000 (c. 22)[F3 , and

(b) that has not appointed an overview and scrutiny committee under section 9JA of that Act].

(2) In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.

Textual Amendments

F1 Words in Sch. 8 para. 1(1) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(a); S.I. 2012/1008, art. 4(b)

F2 Words in Sch. 8 para. 1(1) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(b); S.I. 2012/1008, art. 4(b)

F3 Sch. 8 para. 1(1)(b) and preceding word inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(c); S.I. 2012/1008, art. 4(b)

Commencement Information

I1 Sch. 8 para. 1 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I2 Sch. 8 para. 1 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Functions of crime and disorder committees E+W

2 (1) The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule. E+W

(2) In the case of a committee of a local authority that acts as its crime and disorder committee and also acts in one or more other capacities, the reference in sub-paragraph (1) to the crime and disorder committee is a reference to that committee in its capacity as crime and disorder committee.

Commencement Information

I3 Sch. 8 para. 2 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I4 Sch. 8 para. 2 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Appointment of sub-committees E+W

3 (1) The crime and disorder committee of a local authority— E+W

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

(2) A sub-committee of the crime and disorder committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

Commencement Information

I5 Sch. 8 para. 3 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I6 Sch. 8 para. 3 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Meetings etc E+W

4 E+W A local authority shall make arrangements—

(a) for enabling a member of the crime and disorder committee of the authority to ensure that a matter that is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and

(b) for enabling a member of a sub-committee of such a committee to ensure that a matter that is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.

Commencement Information

I7 Sch. 8 para. 4 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I8 Sch. 8 para. 4 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

5 E+W The crime and disorder committee of a local authority, or a sub-committee of such a committee, may include persons who are not members of the authority, but (subject to section 20(6)) such persons are not entitled to vote, at a meeting of such a committee or sub-committee, on any question that falls to be decided at that meeting.

Commencement Information

I9 Sch. 8 para. 5 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I10 Sch. 8 para. 5 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Power to compel attendance etc E+W

6 (1) The crime and disorder committee of a local authority or a sub-committee of such a committee— E+W

(a) may require members or officers of the authority to attend before it to answer questions;

(b) may invite other persons to attend meetings of the committee.

(2) A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a).

(3) A person is not obliged by sub-paragraph (2) to answer any question that he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

Commencement Information

I11 Sch. 8 para. 6 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I12 Sch. 8 para. 6 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Miscellaneous and supplemental E+W

7 E+W The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents of certain authorities, committees and sub-committees).

Commencement Information

I13 Sch. 8 para. 7 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I14 Sch. 8 para. 7 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

8 E+W The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) applies.

Commencement Information

I15 Sch. 8 para. 8 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I16 Sch. 8 para. 8 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

9 E+W Subsections (2) and (5) of section 102 of the Local Government Act 1972 (appointment of committees) apply to the crime and disorder committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

Commencement Information

I17 Sch. 8 para. 9 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I18 Sch. 8 para. 9 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Application to the City of London E+W

10 E+W Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.

Commencement Information

I19 Sch. 8 para. 10 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I20 Sch. 8 para. 10 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

11 (1) The Common Council may discharge its duty under section 19(1) by itself acting as the crime and disorder committee of the Council, and sub-paragraphs (2) to (4) apply if it does so. E+W

(2) In section 19 or 20 or this Schedule, or in section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), a reference to the crime and disorder committee of a local authority includes a reference to the Common Council in its capacity as crime and disorder committee.

(3) Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2).

(4) Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.

Commencement Information

I21 Sch. 8 para. 11 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I22 Sch. 8 para. 11 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

12 E+W In paragraphs 10 and 11 “the Common Council” means the Common Council of the City of London.

Commencement Information

I23 Sch. 8 para. 12 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I24 Sch. 8 para. 12 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)