(1)Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, F1. . . by persons appointed by or on behalf of the appropriate authority, other than constables.
[F2(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.]
[F3(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.]
(2)For the purposes of this section, in its application to England and Wales, the appropriate authority—
(a)as respects places [F4outside Greater London] shall be the council of the county [F5 or metropolitan district] in which the places in question are;
(b)as respects places in the City of London, shall be the Common Council of the City; and
[F6(c)as respects places in a London borough, shall be the council for the borough,]
and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the [F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .
(3)The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.
(4)In taking decisions as to making arrangements under subsection (1) above—
[F8(a)]in England or Wales, the council of a county [F5or metropolitan district]. . ., shall have regard to any representations made to them F9. . . by local authorities for localities in the county [F10or], [F5 metropolitan district]. . ., as the case may be, [F11and
(b)in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.]
[F12(4A)Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.]
(5)Any arrangements under subsection (1) above—
[F13(a)]if made in England or Wales by the council of the county [F14,London borough][F15or metropolitan district as respects places in the county [F14, London borough] or district], may include an agreement between that council and the police authority for the police area in which those places are, [F16or
(b)if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,]
for the performance by the police authority, [F17or, in Scotland, the district council,] on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.
Textual Amendments
F1Words in s. 26(1) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 38, s. 270(2)(a); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II) and repealed (E.W.) (prosp.) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. V(2) and repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(2) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)
F2S. 26(1A) inserted (S.) (1.4.2001) by 2001 asp 2, s. 77(3) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)
F3S. 26(1A) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(2)(b); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II)
F4Words in s. 26(2)(a) substituted (1.4.2000) by 1999 c. 29, s. 288(1)(2)(a) (with Sch. 12 para 9(1)); S.I. 2000/801, art. 2, Sch.
F5Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(10)(b)
F6S. 26(2)(c) substituted (1.4.2000) by 1999 c. 29, s. 288(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F7Words in s. 26(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(a) (with s. 179); S.I. 1996/323, art. 3
F8Word “a" in s. 26(4) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3
F9Words in s. 26(4) ceased to have effect (1.4.2000) by 1999 c. 29, s. 288(1)(3)(a) (with Sch. 12 para. 9(1)) and words repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F10Words in s. 26(4) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(3)(b) (with Sch. 12 para. 9(1))
F11s. 26(4)(b) and preceding word “and" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3
F12S. 26(4A) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F13Word “a" in s. 26(5) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3
F14Words in s. 26(5) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(5) (with Sch. 12 para. 9(1); S.I. 2000/801, art. 2, Sch.
F15Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(10)(c)
F16s. 26(5)(b) and preceding word “or" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3
F17Words in s. 26(5) repealed (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(iii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3