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(1)Subject to the provisions of this section, the functions conferred by section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—
(a)the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and
(b)every chief officer of police any part of whose police area lies within the area.
[F1(1A)The Secretary of State may by order provide in relation to any two or more local government areas in England—
(a)that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and
(b)that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.
(1B)The Secretary of State shall not make an order under subsection (1A) above unless—
(a)an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and
(b)he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.]
(2)In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely—
[F2(b)every local probation board any part of whose area lies within the area;]
(c)every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection
[F3; and
(d)where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]
and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.
(3)The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection.
(4)In this section and sections 6 and 7 below “local government area” means—
(a)in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
(b)in relation to Wales, each county or county borough.
Textual Amendments
F1S. 5(1A)(1B) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(3), 108(2)(4); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
F2S. 5(2)(b) substituted for s. 5(2)(a)(b) (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
F3S. 5(2)(d) and preceding word inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
Modifications etc. (not altering text)
C1S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3
Commencement Information
I1S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
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