Policing and Crime Act 2017

92 (1) Schedule 6 (police and crime panels) is amended as follows. E+W

(2) In paragraph 4(6) (functions of panels) at the end insert “ or by, or by virtue of, the Fire and Rescue Services Act 2004. ”

(3) In paragraph 22 (co-opted members of police and crime panels)—

(a) the existing paragraph becomes sub-paragraph (1), and

(b) at the end of that sub-paragraph insert—

“(2) Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

(3) A person may not be a co-opted member of the panel if the person is—

(a) a member of staff of the fire and rescue authority, or

(b) if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

(i) transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

(ii) appointed by the chief constable under section 4I(4) of that Act.”

(4) In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—

“(3) The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.”

(5) After paragraph 32 insert—

“Duty to produce panel with fire and rescue expertise E+W

32A (1) Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—

(a) a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and

(b) the area of the fire and rescue authority is the same as, or falls within, the police area.

(2) Each person listed in sub-paragraph (3)—

(a) must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and

(b) if the person considers that the person could exercise such a function to that end, must do so.

(3) Those persons are—

(a) the panel,

(b) a relevant local authority, and

(c) the Secretary of State.

(4) The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.”

Modifications etc. (not altering text)

C1 Sch. 1 para. 92 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 23

Commencement Information

I1 Sch. 1 para. 92 in force for certain purposes at Royal Assent, see s. 183

I2 Sch. 1 para. 92 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38