The York and North Yorkshire Combined Authority Order 2023

Police Act 1996 E+W

10.—(1) The Police Act 1996(1) is modified as follows.

(2) In section 22A(9)(a) (collaboration agreements)(2), for “that body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(3) In section 41 (directions as to minimum budget)(3)—

(a) in subsection (1), for “commissioner’s council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “PCC component council tax requirement”;

(b) in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “determination by the Mayor of the final amount of the PCC component”.

(4) In section 53E (guidance about civilian staff employed by local policing bodies and chief officers)(4)—

(a) in subsection (1)(a), for “a local policing body” substitute “the Combined Authority and are deployed wholly or partly in relation to the Mayor’s PCC functions”;

(b) in subsection (1)(b), for “the body” substitute “the Combined Authority”.

(5) In section 88 (liability for wrongful acts of constables)(5)—

(a) in subsection (5A), for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;

(b) in subsection (6)(a), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(6) In section 92(1) (grants by local authorities)(6), for “parish or community” substitute “parish, community or Combined Authority”.

(7) In section 96(1B) (arrangements for obtaining the views of the community on policing)(7), for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “PCC component is determined by the Mayor”.

Commencement Information

I1 Sch. 5 para. 10 in force at 20.12.2023, see art. 1(2)

(1)

1996 c. 16.

(2)

Section 22A was inserted by section 89(2) of the Police Reform and Social Responsibility Act 2011. There are amendments to section 22A not relevant to this instrument.

(3)

Section 41 was amended by paragraph 28 of Schedule 2 to the Police and Justice Act 2006 (c. 48), section 22 of the Police Reform and Social Responsibility Act 2011, and by paragraph 33 of Schedule 7 to the 2011 Act.

(4)

Section 53E was inserted by section 125 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(5)

Section 88 was amended by paragraph 85 of Schedule 9 to the Police Act 1997 (c. 50), sections 102(1) and (4) and 103(1) of the Police Reform Act 2002, paragraph 80(3) of Schedule 4 and paragraph 1 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 42 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 paragraph 45 of Schedule 8 to the Crime and Courts Act 2013 (c. 22) and by S.I. 2012/1809 and 2019/742.

(6)

Section 92(1) was amended by section 25(4)(a) of the Police Reform and Social Responsibility Act 2011.

(7)

Section 96(1B) was inserted by section 14(3) of the Police Reform and Social Responsibility Act 2011.