The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015

Functions of the Secretary of State to be exercisable concurrently with the Chancellor of the Duchy E+W

3.—(1) The Secretary of State’s functions under—

(a) a provision of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)(1) which is listed in paragraph (2),

(b) the Police and Crime Commissioner Elections Order 2012(2), and

(c) the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012(3),

are, subject to paragraph (3), to be exercisable concurrently with the Chancellor of the Duchy.

(2) The provisions of the 2011 Act referred to in paragraph (1)(a) are—

(a) section 50(4) (power to specify different day for PCC election);

(b) section 55 (functions relating to returning officers’ expenditure);

(c) section 58(5)(a), (b) and (d) (power to modify enactments relating to elections);

(d) section 65(3) (power to make provision about reference to an entity under the control of a local policing body etc);

(e) section 66(8) (power to make provision about reference to an entity under the control of a relevant council);

(f) section 70(1)(a) (power to specify form for declaration of acceptance of office of PC commissioner);

(g) section 71(6) (judicial proceedings as to disqualification or vacancy: power to specify different sum as security for costs of proceedings);

(h) section 75(1) (duty to designate a local authority for each police area other than the metropolitan district).

(3) The functions which are directed by paragraph (1) to be exercisable by the Secretary of State concurrently with the Chancellor of the Duchy are to be so exercisable so far as they relate to an election of a police and crime commissioner the date of the poll for which is on or after 1st May 2016.

(4) Paragraph (3) does not apply to the functions under 71(6) and 75(1) of the 2011 Act.

Commencement Information

I1 Art. 3 in force at 12.8.2015, see art. 1(2)

(1)

2011 c.13.

(2)

S.I. 2012/1917.

(3)

S.I. 2012/2088.