Police Reform Act 2002

97 Crime and disorder reduction partnerships E+W

(1) The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.

(2) In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—

“(c) every police authority any part of whose police area so lies;

(d) every fire authority any part of whose area so lies;

(e) if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and

(f) if the local government area is in Wales, every health authority the whole or any part of whose area so lies.”

(3) After subsection (1) of that section there shall be inserted—

“(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.”

(4) In subsection (2) of that section (consultation)—

(a) for paragraphs (a) and (b) there shall be substituted—

“(b) every local probation board any part of whose area lies within the area;”

(b) at the end of paragraph (c) there shall be inserted “; 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;”.

(5) In subsection (3) of that section, at the end there shall be inserted “and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.”

(6) After subsection (4) of that section, there shall be inserted—

“(5) In this section—

• “fire authority” means—

  (a)

  any fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41);

  (b)

  any metropolitan county fire and civil defence authority; or

  (c)

  the London Fire and Emergency Planning Authority; and

• “police authority” means—

  (a)

  any police authority established under section 3 of the Police Act 1996 (c. 16); or

  (b)

  the Metropolitan Police Authority.”

(7) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In section 114—

(a) in subsection (1) (powers of Ministers exercisable by statutory instrument), after “Minister of the Crown” there shall be inserted “ or of the National Assembly for Wales ”; and

(b) in subsection (2) (orders subject to negative resolution procedure), for “5(2) or (3) or 10(6) above, or” there shall be substituted “ 5(1A), (2) or (3), 6A(1) or 10(6) above (other than one made by the National Assembly for Wales), or containing ”.

(14) In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—

(a) in sub-paragraph (i), after “London borough council” there shall be inserted “ , a parish council ”; and

(b) in sub-paragraph (ii), for “or a county borough council” there shall be substituted “ , a county borough council or a community council ”.

(15) Section 5(1) (as amended by subsection (2) shall have effect in relation to a local government area in England at any time when that area or a part of it comprises or contains an area that is not included in the area of a Primary Care Trust, as if the reference to a Primary Care Trust the whole or part of whose area lies within the local government area included a reference to any health authority or strategic health authority whose area comprises or includes the area for which there is no Primary Care Trust.

Textual Amendments

F1 S. 97(7)-(12) repealed (1.8.2007 for E. and 19.11.2007 for W. ) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 3; S.I. 2007/1614, art. 3(e)(ii); S.I. 2007/3073, art. 2(c)(ii)

Commencement Information

I1 S. 97 partly in force; s. 97 not in force at Royal Assent, see s. 108(2); s. 97(1)(3)(4)(7)(9) in force (E.) and s. 97(10)(11)(13)(14) in force at 1.10.2002 by S.I. 2002/2306, arts. {2(f)(viii)}, {3(a)}; s. 97 in force for certain purposes for W. at 1.4.2003 by S.I. 2003/525, art. 2; s. 97(2) in force for certain purposes and s. 97(6)(12) in force at 1.4.2003 by S.I. 2003/808, art. 2(j); s. 97(5)(8) in force for E. at 23.2.2004 by S.I. 2004/119, art. 2; s. 97 in force in so far as not already in force for E. at 30.4.2004 by S.I. 2004/913, art. 3(a)