Police Reform and Social Responsibility Act 2011

Part 1 U.K. Police reform

CHAPTER 1 E+W Police areas outside London

1 Police and crime commissioners E+W

(1) There is to be a police and crime commissioner for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

(2) A police and crime commissioner is a corporation sole.

(3) [F1 Unless subsection (3B) applies, the] name of the police and crime commissioner for a police area is “the Police and Crime Commissioner for” with the addition of the name of the police area.

[F2 (3A) Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(3B) In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.]

(4) The police and crime commissioner for a police area is to be elected, and hold office, in accordance with Chapter 6.

(5) A police and crime commissioner has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(6) The police and crime commissioner for a police area must—

(a) secure the maintenance of the police force for that area, and

(b) secure that the police force is efficient and effective.

(7) The police and crime commissioner for a police area must hold the relevant chief constable to account for the exercise of—

(a) the functions of the chief constable, and

(b) the functions of persons under the direction and control of the chief constable.

(8) The police and crime commissioner must, in particular, hold the chief constable to account for—

(a) the exercise of the duty under section 8(2) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty under section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

[F3 (ca) the exercise of the chief constable’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;]

(d) the effectiveness and efficiency of the chief constable's arrangements for co-operating with other persons in the exercise of the chief constable's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the chief constable's arrangements under section 34 (engagement with local people);

(f) the extent to which the chief constable has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity that are imposed on the chief constable by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the chief constable by sections 10 and 11 of the Children Act 2004.

(9) The police authorities established for police areas under section 3 of the Police Act 1996 are abolished.

[F4 (9A) Subsection (1) does not apply to an area in relation to which an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009 has effect (order providing for mayor for an area of a combined authority to exercise functions of a police and crime commissioner for the area).]

(10) Schedule 1 (police and crime commissioners) has effect.

Textual Amendments

F1 Words in s. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 87(2); S.I. 2017/399, reg. 2, Sch. para. 38

F2 S. 1(3A)(3B) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 87(3); S.I. 2017/399, reg. 2, Sch. para. 38

F3 S. 1(8)(ca) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 22(1), 183(1)(5)(e)

F4 S. 1(9A) inserted (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 10(2)

Modifications etc. (not altering text)

C1 S. 1(1)-(4) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(a)

Commencement Information

I1 S. 1 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

2 Chief constables E+W

(1) Each police force is to have a chief constable.

(2) The chief constable of a police force is to be appointed, and hold office, in accordance with—

(a) section 38, and

(b) the terms and conditions of the appointment.

(3) A police force, and the civilian staff of a police force, are under the direction and control of the chief constable of the force.

(4) A chief constable has the other functions conferred by this Act and by other enactments.

(5) A chief constable must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the relevant police and crime commissioner to exercise the commissioner's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 2 (chief constables) has effect.

(8) In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (see section 2 of that Act).

Commencement Information

I2 S. 2 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

CHAPTER 2 E+W Metropolitan police district

3 Mayor's Office for Policing and Crime E+W

(1) There is to be a body with the name “The Mayor's Office for Policing and Crime” for the metropolitan police district.

(2) The Mayor's Office for Policing and Crime is a corporation sole.

(3) The person who is Mayor of London for the time being is to be the occupant for the time being of the Mayor's Office for Policing and Crime.

(4) Accordingly, where a person is the occupant of the Mayor's Office for Policing and Crime by virtue of a particular term of office as Mayor of London (the “relevant mayoral term”), the person's term as the occupant of the Mayor's Office for Policing and Crime—

(a) begins at the same time as the relevant mayoral term, and

(b) ends at the same time as the relevant mayoral term.

(5) The Mayor's Office for Policing and Crime has—

(a) the functions conferred by this section,

(b) the functions relating to community safety and crime prevention conferred by Chapter 3, and

(c) the other functions conferred by this Act and other enactments.

(6) The Mayor's Office for Policing and Crime must—

(a) secure the maintenance of the metropolitan police force, and

(b) secure that the metropolitan police force is efficient and effective.

(7) The Mayor's Office for Policing and Crime must hold the Commissioner of Police of the Metropolis to account for the exercise of—

(a) the functions of the Commissioner, and

(b) the functions of persons under the direction and control of the Commissioner.

(8) The Mayor's Office for Policing and Crime must, in particular, hold the Commissioner to account for—

(a) the exercise of the duty imposed by section 8(4) (duty to have regard to police and crime plan);

(b) the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement);

(c) the exercise of the duty imposed by section 39A(7) of the Police Act 1996 (duty to have regard to codes of practice issued by Secretary of State);

[F5 (ca) the exercise of the Commissioner’s functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;]

(d) the effectiveness and efficiency of the Commissioner's arrangements for co-operating with other persons in the exercise of the Commissioner's functions (whether under section 22A of the Police Act 1996 or otherwise);

(e) the effectiveness and efficiency of the Commissioner's arrangements under section 34 (engagement with local people);

(f) the extent to which the Commissioner has complied with section 35 (value for money);

(g) the exercise of duties relating to equality and diversity imposed on the Commissioner by any enactment;

(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004.

(9) In section 424 of the Greater London Authority Act 1999 (interpretation), in subsection (1), in the definition of “functional body”, for paragraph (c) substitute—

“(c) the Mayor's Office for Policing and Crime; or”.

(10) In this section, references to the Mayor of London include references to a person who is, by virtue of Schedule 4 to the Greater London Authority Act 1999 (exercise of functions of Mayor during vacancy or incapacity), treated as if the person were the Mayor of London.

(11) Where such a person is the occupant for the time being of the Mayor's Office for Policing and Crime, references in this section to the relevant mayoral term are references to the period for which the person is treated as if the person were the Mayor of London.

(12) The Metropolitan Police Authority is abolished.

(13) Schedule 3 (Mayor's Office for Policing and Crime) has effect.

Textual Amendments

F5 S. 3(8)(ca) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 22(2), 183(1)(5)(e)

Commencement Information

I3 S. 3 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

4 Commissioner of Police of the Metropolis E+W

(1) There is to be a corporation sole with the name “the Commissioner of Police of the Metropolis”.

(2) The Commissioner of Police of the Metropolis is to be appointed, and hold office, in accordance with—

(a) sections 42 and 48, and

(b) the terms and conditions of the appointment.

(3) The metropolitan police force, and the civilian staff of the metropolitan police force, are under the direction and control of the Commissioner of Police of the Metropolis.

(4) The Commissioner of Police of the Metropolis has the other functions conferred by this Act and by other enactments.

(5) The Commissioner of Police of the Metropolis must exercise the power of direction and control conferred by subsection (3) in such a way as is reasonable to assist the Mayor's Office for Policing and Crime to exercise that Office's functions.

(6) Subsection (3) is subject to any provision included in a collaboration agreement (see section 22A of the Police Act 1996).

(7) Schedule 4 (Commissioner of Police of the Metropolis) has effect.

Commencement Information

I4 S. 4 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

CHAPTER 3 E+W Functions of elected local policing bodies etc

Community safety and crime prevention E+W

5 Police and crime commissioners to issue police and crime plans E+W

(1) The police and crime commissioner for a police area must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) A police and crime commissioner must comply with the duty under subsection (1) as soon as practicable after the commissioner takes office.

(3) A police and crime commissioner may, at any time, issue a police and crime plan.

(4) A police and crime commissioner may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, a police and crime commissioner must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

[F6 (5A) Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—

(a) which corresponds to the area of a fire and rescue authority created by an order under section 4A, or

(b) within which the area of such a fire and rescue authority falls.

(5B) Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—

(a) the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and

(b) the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(5C) A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.

(5D) If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority’s priorities and objectives, for the period of the plan, in connection with the discharge of the authority’s functions.

(5E) Subsection (5B)(b) does not apply to a joint police and crime plan.]

(6) Before issuing or varying a police and crime plan, a police and crime commissioner must—

(a) prepare a draft of the plan or variation,

(b) consult the relevant chief constable in preparing the draft plan or variation,

(c) send the draft plan or variation to the relevant police and crime panel,

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 28(3)),

(e) give the panel a response to any such report or recommendations, and

(f) publish any such response.

(7) In complying with subsection (6)(c), the police and crime commissioner must ensure that the relevant police and crime panel has a reasonable amount of time to exercise its functions under section 28(3).

(8) A police and crime commissioner must consult the relevant chief constable before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) A police and crime commissioner must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of—

(i) any report or recommendations made to the commissioner by the relevant police and crime panel under section 28(4), and

(ii) any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) A police and crime commissioner who issues or varies a police and crime plan must—

(a) send a copy of the issued plan, or the variation, to the relevant chief constable and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the relevant police area, and

(b) publish a copy of the issued plan, or the variation.

(11) The duty under subsection (10) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

(12) It is for the commissioner to determine the manner in which—

(a) a response to a report or recommendations is to be published in accordance with subsection (6)(f), and

(b) a copy of the plan or variation is to be published in accordance with subsection (10) (b).

(13) In this section—

• “financial year” means the financial year of the police and crime commissioner;

• “ordinary election”, in relation to the police and crime commissioner for a police area, means an election held under section 50 in relation to that area.

Textual Amendments

F6 S. 5(5A)-(5E) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 88; S.I. 2017/399, reg. 2, Sch. para. 38

Modifications etc. (not altering text)

C2 S. 5 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 18

C3 S. 5(6)-(12) applied (with modifications) by 2004 c. 21, Sch. A2 para. 3 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I5 S. 5 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

6 Mayor's Office for Policing and Crime to issue police and crime plans E+W

(1) The Mayor's Office for Policing and Crime must issue a police and crime plan within the financial year in which each ordinary election is held.

(2) The Mayor's Office for Policing and Crime must comply with the duty under subsection (1) as soon as practicable after the person elected in the ordinary election takes office.

(3) The Mayor's Office for Policing and Crime may, at any time, issue a police and crime plan.

(4) The Mayor's Office for Policing and Crime may vary a police and crime plan.

(5) In issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must have regard to the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996.

(6) Before issuing or varying a police and crime plan, the Mayor's Office for Policing and Crime must—

(a) prepare a draft of the plan or variation,

(b) consult the Commissioner of Police of the Metropolis in preparing the draft plan or variation,

(c) send the draft plan or variation to the police and crime panel of the London Assembly (see section 32),

(d) have regard to any report or recommendations made by the panel in relation to the draft plan or variation (see section 33(1)),

(e) give the panel a response to any such report or recommendations, and

(f) publish any such response.

(7) In complying with subsection (6)(c), the Mayor's Office for Policing and Crime must ensure that the police and crime panel has a reasonable amount of time to exercise its functions under section 33(1).

(8) The Mayor's Office for Policing and Crime must consult the Commissioner of Police of the Metropolis before issuing or varying a police and crime plan if, and to the extent that, the plan or variation is different from the draft prepared in accordance with subsection (6).

(9) The Mayor's Office for Policing and Crime must—

(a) keep the police and crime plan under review, and

(b) in particular, review the police and crime plan in the light of any changes in the strategic policing requirement issued by the Secretary of State under section 37A of the Police Act 1996;

and exercise the powers under subsection (3) or (4) accordingly.

(10) The provisions of the 1999 Act set out in subsection (11) apply to the Mayor's Office for Policing and Crime and police and crime plans as the provisions apply to the Mayor of London and the relevant mayoral strategies.

(11) Those provisions of the 1999 Act are—

(a) section 33(1)(b) and (c) (equality of opportunity);

(b) section 41(4)(b) and (c), (5), (6)(a) and (b), (7) to (8A), and (10) to (12) (general duties in preparing and revising strategies);

(c) section 42(1) and (6) (consultation);

(d) section 42A (apart from subsection (2)) (consultation: supplementary provision);

(e) section 43 (publicity and availability of strategies);

(f) section 44 (directions by the Secretary of State).

(12) Section 41(5)(b) of the 1999 Act has effect in relation to the Mayor of London as if the police and crime plan were a strategy listed in section 41(1) of the 1999 Act.

(13) The Mayor of London and the Mayor's Office for Policing and Crime must co-operate with each other in exercising their respective functions under section 41(5)(b) of the 1999 Act.

(14) In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime and Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district”.

(15) In this section—

• “1999 Act” means the Greater London Authority Act 1999;

• “financial year” means the financial year of the Mayor's Office for Policing and Crime;

• “ordinary election” means an election of the Mayor of London held under section 3 of the 1999 Act;

• “relevant mayoral strategy”, in relation to a provision set out in subsection (11), means a strategy to which the provision applies.

Commencement Information

I6 S. 6 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

7 Police and crime plans E+W

(1) A police and crime plan is a plan which sets out, in relation to the planning period, the following matters—

(a) the elected local policing body's police and crime objectives;

(b) the policing of the police area which the chief officer of police is to provide;

(c) the financial and other resources which the elected local policing body is to provide to the chief officer of police for the chief officer to exercise the functions of chief officer;

(d) the means by which the chief officer of police will report to the elected local policing body on the chief officer's provision of policing;

(e) the means by which the chief officer of police's performance in providing policing will be measured;

[F7 (ea) the services which are to be provided by virtue of section 143 of the Anti-social Behaviour, Crime and Policing Act 2014;

(f) any grants which the elected local policing body is to make under that section, and the conditions (if any) subject to which any such grants are to be made.]

(2) The elected local policing body's police and crime objectives are the body's objectives for—

(a) the policing of the body's area,

(b) crime and disorder reduction in that area, and

(c) the discharge by the relevant police force of its national or international functions.

(3) A police and crime plan has effect from the start of the planning period until—

(a) the end of that planning period, or

(b) if another police and crime plan is issued in relation to the elected local policing body's area before the end of that planning period, the day when that other plan first has effect.

(4) The Secretary of State may give guidance to elected local policing bodies about the matters to be dealt with in police and crime plans.

(5) An elected local policing body must have regard to such guidance.

(6) Before giving guidance under subsection (4) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(b) the Mayor's Office for Policing and Crime,

(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

(7) In this section, in relation to a police and crime plan—

• “financial year” means the financial year of the elected local policing body;

• “ordinary election”—

  (a)

  in relation to a police and crime commissioner, has the meaning given in section 5;

  (b)

  in relation to the Mayor's Office for Policing and Crime, has the meaning given in section 6;

• “planning period”, in relation to a police and crime plan, is the period that—

  (a)

  begins with—

  (i)

  the day on which the plan is issued, or

  (ii)

  if a qualifying day is specified in the plan as the day on which the plan is to begin to have effect, that day, and

  (b)

  ends with the last day of the financial year in which the next ordinary election is expected to take place after the plan is issued;

• “qualifying day” means a day which meets the following conditions (so far as applicable)—

  (a)

  the day must fall after the day on which the plan is issued;

  (b)

  the day must not fall after the day on which the next ordinary election is expected to take place after the plan is issued;

  (c)

  in the case of a plan issued in accordance with the duty in section 5(1) or 6(1), the day must be, or fall before, the first day of the financial year following the financial year in which that duty must be complied with.

Textual Amendments

F7 S. 7(1)(ea)(f) substituted for s. 7(1)(f) (20.3.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 97 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/630, art. 3(c)

Modifications etc. (not altering text)

C4 S. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 19

Commencement Information

I7 S. 7(1)-(5)(6)(b)-(d)(7) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I8 S. 7(6)(a) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

8 Duty to have regard to police and crime plan E+W

(1) A police and crime commissioner must, in exercising the functions of commissioner, have regard to the police and crime plan issued by the commissioner.

(2) The chief constable of the police force for a police area listed in Schedule 1 to the Police Act 1996 must, in exercising the functions of chief constable, have regard to the police and crime plan issued by the police and crime commissioner for that police area.

(3) The Mayor's Office for Policing and Crime must, in exercising the functions of the Office, have regard to the police and crime plan issued by the Office.

(4) The Commissioner of Police of the Metropolis must, in exercising the functions of Commissioner, have regard to the police and crime plan issued by the Mayor's Office for Policing and Crime.

(5) The Secretary of State may give guidance to a person subject to a duty under this section about how that duty is to be complied with.

(6) A person given such guidance must have regard to the guidance.

(7) Before giving guidance under subsection (5) the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(b) the Mayor's Office for Policing and Crime,

(c) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(d) such other persons as the Secretary of State thinks fit.

Commencement Information

I9 S. 8(1)(2)(7)(a) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

I10 S. 8(3)-(6)(7)(b)-(d) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

F8 9 Crime and disorder reduction grants E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 9 repealed (20.3.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 98 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/630, art. 3(c)

Commencement Information

I11 S. 9 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I12 S. 9 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

10 Co-operative working E+W

(1) The elected local policing body for a police area must, in exercising its functions, have regard to the relevant priorities of each responsible authority.

(2) The elected local policing body for a police area, in exercising its functions, and a responsible authority, in exercising its functions conferred by or under section 6 of the Crime and Disorder Act 1998 in relation to that police area, must act in co-operation with each other.

(3) The elected local policing body for a police area, and the criminal justice bodies which exercise functions as criminal justice bodies in that police area, must make arrangements (so far as it is appropriate to do so) for the exercise of functions so as to provide an efficient and effective criminal justice system for the police area.

(4) The references in this section to a responsible authority exercising functions in relation to a police area are references to the responsible authority exercising the functions in relation to a local government area that is comprised, or included, in the police area.

(5) In this section—

• “criminal justice body”, in relation to the elected local policing body for a police area, means—

  (a)

  the chief officer of police for that police area;

  (b)

  the Crown Prosecution Service;

  (c)

  the Lord Chancellor, in exercising functions under section 1 of the Courts Act 2003 (duty to ensure efficient and effective courts service);

  (d)

  a Minister of the Crown, in exercising functions in relation to prisons (within the meaning of the Prison Act 1952);

  (e)

  a youth offending team established under section 39 of the Crime and Disorder Act 1998;

  (f)

  a person with whom the Secretary of State has made contractual or other arrangements, under section 3(2) of the Offender Management Act 2007, for the making of probation provision;

  (g)

  the Secretary of State, in making probation provision in accordance with arrangements made by the Secretary of State under section 3(5) of the Offender Management Act 2007;

• “functions” does not include functions which are exercisable only in relation to Wales and relate to matters in relation to which the Welsh Ministers have functions;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “relevant priority”, in relation to a responsible authority, means a priority applicable to the exercise of that authority's functions which is identified by that authority in compliance with a requirement imposed by regulations made under section 6(2) of the Crime and Disorder Act 1998;

• “responsible authority” has the same meaning as in section 5 of the Crime and Disorder Act 1998.

Commencement Information

I13 S. 10 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I14 S. 10 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

Information, consultation etc E+W

11 Information for public etc E+W

(1) An elected local policing body—

(a) must publish specified information; and

(b) if the time or manner of the publication of that information is specified, must publish it at that time or in that manner.

(2) For that purpose, “specified” means specified by the Secretary of State by order.

(3) An elected local policing body must publish the information which the body considers to be necessary to enable the persons who live in the body's area to assess—

(a) the performance of the body in exercising the body's functions, and

(b) the performance of the relevant chief officer of police in exercising the chief officer's functions.

(4) The information necessary to enable those persons to assess those matters by reference to a particular time, or a particular period, must be published by the elected local policing body as soon as practicable after that time or the end of that period.

(5) An elected local policing body may provide (whether by publication or other means) information about—

(a) the exercise of the body's functions, and

(b) the exercise of the functions of the relevant chief officer of police.

Modifications etc. (not altering text)

C5 S. 11 applied (with modifications) by 2004 c. 21, Sch. A2 para. 4 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I15 S. 11(1)(2) in force at 15.12.2011 by S.I. 2011/3019, art. 2(a)

I16 S. 11(3)-(5) in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I17 S. 11(3)-(5) in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

12 Annual reports E+W

(1) Each elected local policing body must produce a report (an “annual report”) on—

(a) the exercise of the body's functions in each financial year, and

(b) the progress which has been made in the financial year in meeting the police and crime objectives in the body's police and crime plan.

(2) As soon as practicable after producing an annual report, the elected local policing body must send the report to the relevant police and crime panel.

(3) The elected local policing body must attend before the panel at the public meeting arranged by the panel in accordance with section 28(4), to—

(a) present the report to the panel, and

(b) answer the panel's questions on the report.

(4) The elected local policing body must—

(a) give the panel a response to any report or recommendations on the annual report (see section 28(4)), and

(b) publish any such response.

(5) It is for the police and crime panel to determine the manner in which a response to a report or recommendations is to be published in accordance with subsection (4)(b).

(6) An elected local policing body must arrange for each annual report to be published.

(7) It is for the elected local policing body to determine the manner in which an annual report is to be published.

Modifications etc. (not altering text)

C6 S. 12(2)-(5) applied (with modifications) by 2004 c. 21, Sch. A2 para. 5 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I18 S. 12 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I19 S. 12 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

13 Information for police and crime panels E+W

(1) An elected local policing body must provide the relevant police and crime panel with any information which the panel may reasonably require in order to carry out its functions.

(2) But subsection (1) does not require the elected local policing body to provide information if disclosure of the information—

(a) would, in the view of the chief officer of police, be against the interests of national security,

(b) might, in the view of the chief officer of police, jeopardise the safety of any person,

(c) might, in the view of the chief officer of police, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice, or

(d) is prohibited by or under any enactment.

(3) An elected local policing body may provide the relevant police and crime panel with any other information which the body thinks appropriate.

Modifications etc. (not altering text)

C7 S. 13 applied (with modifications) by 2004 c. 21, Sch. A2 para. 6 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I20 S. 13 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I21 S. 13 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

14 Arrangements for obtaining the views of the community on policing E+W

(1) Section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) is amended in accordance with this section.

(2) In subsection (1), after paragraph (b) insert “;

and for obtaining the views of victims of crime in that area about matters concerning the policing of the area.”.

(3) After subsection (1) insert—

“(1A) Those arrangements must include, in the case of—

(a) a police area listed in Schedule 1, or

(b) the metropolitan police district,

arrangements for obtaining, before a police and crime plan is issued under section 5 or 6 of the Police Reform and Social Responsibility Act 2011, the views of the people in that police area, and the views of the victims of crime in that area, on that plan.

(1B) Those arrangements must include, in the case of a police area listed in Schedule 1, arrangements for obtaining, before the first precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992, the views of—

(a) the people in that police area, and

(b) the relevant ratepayers' representatives,

on the proposals of the police and crime commissioner for expenditure (including capital expenditure) in that financial year.

(1C) Those arrangements must include, in the case of the metropolitan police district, arrangements for obtaining, before the first calculations in relation to the Mayor's Office for Policing and Crime are made for a financial year under section 85 of the Greater London Authority Act 1999, the views of—

(a) the people in the metropolitan police district, and

(b) the relevant ratepayers' representatives,

on the proposals of the Mayor's Office for Policing and Crime for expenditure (including capital expenditure) in that financial year.”.

(4) For subsection (2) substitute—

“(2) Arrangements under this section are to be made by the local policing body for the police area, after consulting the chief officer of police for that area.”.

(5) Before subsection (6) insert—

“(5A) In subsections (1B) and (1C) “relevant ratepayers' representatives”, in relation to a police area listed in Schedule 1, or the metropolitan police district, means the persons or bodies who appear to the elected local policing body for that area or district to be representative of persons subject to non-domestic rates under sections 43 and 45 of the Local Government Finance Act 1988 as regards hereditaments situated in that area or district.

(5B) In determining which persons or bodies are relevant ratepayers' representatives, an elected local policing body must have regard to any guidance given by the Secretary of State.”.

(6) Omit subsections (6) to (10).

Commencement Information

I22 S. 14 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1 (with art. 8(2))

I23 S. 14 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

Other provisions about functions E+W

15 Supply of goods and services E+W

(1) Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and services by local authorities) apply, with the modification set out in subsection (2), to each elected local policing body as they apply to a local authority.

(2) In those subsections, references to a public body (within the meaning of that section) are to be read as references to any person.

(3) An elected local policing body may not enter into an agreement with another elected local policing body, or with the Common Council of the City of London in its capacity as a police authority, under section 1 of the 1970 Act in respect of a matter which could be the subject of force collaboration provision in a collaboration agreement under section 22A of the Police Act 1996.

(4) In this section “1970 Act” means the Local Authorities (Goods and Services) Act 1970.

Commencement Information

I24 S. 15 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I25 S. 15 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

16 Appointment of persons not employed by elected local policing bodies E+W

(1) This section applies where an elected local policing body is required or authorised by any Act—

(a) to appoint a person to a specified post in the body, or

(b) to designate a person as having specified duties or responsibilities.

(2) The elected local policing body may appoint or designate a person whether or not the person is already a member of staff of the body.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

Modifications etc. (not altering text)

C8 S. 16 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 20

Commencement Information

I26 S. 16 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I27 S. 16 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

17 Duties when carrying out functions E+W

(1) In carrying out functions, an elected local policing body must have regard to the views of people in the body's area about policing in that area.

(2) In carrying out functions in a particular financial year, an elected local policing body must have regard to any report or recommendations made by the relevant police and crime panel on the annual report for the previous financial year (see section 28(4)).

(3) Subsection (2) does not affect any exercise of the functions of the elected local policing body in any part of a particular financial year that falls—

(a) before the body has received a report or recommendations on the annual report for the previous financial year, or

(b) during the period after receipt of a report or recommendations when the body is considering the report or recommendations.

(4) In carrying out functions, an elected local policing body must have regard to any financial code of practice issued by the Secretary of State.

(5) The Secretary of State may from time to time revise the whole or any part of any financial code of practice.

(6) The Secretary of State must lay before Parliament a copy of—

(a) any financial code of practice, and

(b) any revision of a financial code of practice.

(7) In this section “financial code of practice” means a code of practice relating to the proper administration by elected local policing bodies of their financial affairs.

(8) This section is in addition to the duty under section 8 to have regard to the police and crime plan.

Modifications etc. (not altering text)

C9 S. 17(1)(2) applied (with modifications) by 2004 c. 21, Sch. A2 para. 7 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C10 S. 17(4)-(7) applied (with modifications) by 2004 c. 21, Sch. A2 para. 7 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I28 S. 17 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I29 S. 17 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

I30 S. 17(4)-(7) in force at 15.12.2011 for specified purposes by S.I. 2011/3019, art. 2(b)

18 Delegation of functions by police and crime commissioners E+W

(1) The police and crime commissioner for a police area may—

(a) appoint a person as the deputy police and crime commissioner for that police area, and

(b) arrange for the deputy police and crime commissioner to exercise any function of the police and crime commissioner.

(2) A police and crime commissioner may arrange for any person (who is not the deputy police and crime commissioner) to exercise any function of the commissioner.

(3) But a police and crime commissioner may not—

(a) appoint a person listed in subsection (6) as the deputy police and crime commissioner;

[F9 (aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for Policing and Crime or any other person to exercise a function that the Mayor’s Office for Policing and Crime has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);]

(b) arrange for the deputy police and crime commissioner to exercise a function listed in subsection (7)(a), (e) or (f);

(c) arrange, under subsection (2), for a person listed in subsection (6) to exercise any function; or

(d) arrange, under subsection (2), for any person to exercise a function listed in subsection (7).

(4) A deputy police and crime commissioner may arrange for any other person to exercise any function of the police and crime commissioner which is, in accordance with subsection (1)(b), exercisable by the deputy police and crime commissioner.

(5) But the deputy police and crime commissioner may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) the Mayor's Office for Policing and Crime;

(d) the Deputy Mayor for Policing and Crime appointed by the Mayor's Office for Policing and Crime;

(e) the Mayor of London;

(f) the Common Council of the City of London;

(g) any other person or body which maintains a police force;

(h) a member of the staff of a person falling within any of paragraphs (a) to (g).

(7) The functions referred to in subsection (3) are—

(a) issuing a police and crime plan (see section 5);

(b) determining police and crime objectives (see section 7);

(c) attendance at a meeting of a police and crime panel in compliance with a requirement by the panel to do so (see section 29);

(d) preparing an annual report to a policing and crime panel (see section 12);

(e) appointing the chief constable, suspending the chief constable, or calling upon the chief constable to retire or resign (see section 38);

(f) calculating a [F10 council tax requirement or a] budget requirement (see section [F11 42A or] 43 of the Local Government Finance Act 1992).

[F12 (g) appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(h) deciding whether to enter into a liability limitation agreement under section 14 of that Act.]

(8) If a function of a police and crime commissioner is exercisable by any other person in accordance with this section, any property or rights vested in the commissioner may be dealt with by the other person in exercising the function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a deputy police and crime commissioner.

(10) The deputy police and crime commissioner is a member of the police and crime commissioner's staff.

(11) For further provision about the appointment of a deputy police and crime commissioner, see paragraphs 8 to 12 of Schedule 1.

Textual Amendments

F9 S. 18(3)(aa) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 23(2), 183(1)(5)(e)

F10 Words in s. 18(7)(f) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 53(a); S.I. 2011/2896, art. 2(i)

F11 Words in s. 18(7)(f) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 53(b); S.I. 2011/2896, art. 2(i)

F12 S. 18(7)(g)(h) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 116; S.I. 2015/841, art. 3(x)

Modifications etc. (not altering text)

C11 S. 18 amendment to earlier affecting provision S.I. 2017/470, Sch. 1 para. 21 (29.3.2018) by The Greater Manchester Combined Authority (Amendment) Order 2018 (S.I. 2018/444), arts. 1(2), 4(3)(b)

C12 S. 18 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 21 (as amended (29.3.2018) by S.I. 2018/444, arts. 1(2), 4(3)(b))

Commencement Information

I31 S. 18 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

19 Delegation of functions by Mayor's Office for Policing and Crime E+W

(1) The Mayor's Office for Policing and Crime may—

(a) appoint a person as the Deputy Mayor for Policing and Crime, and

(b) arrange for the Deputy Mayor for Policing and Crime to exercise any function of the Mayor's Office for Policing and Crime.

(2) The Mayor's Office for Policing and Crime may arrange for a person (who is not the Deputy Mayor for Policing and Crime) to exercise any function of the Mayor's Office for Policing and Crime.

(3) But the Mayor's Office for Policing and Crime may not—

(a) appoint a person listed in subsection (6) as the Deputy Mayor for Policing and Crime;

[F13 (aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for Policing and Crime or any other person to exercise a function that the Mayor’s Office for Policing and Crime has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);]

(b) arrange for the Deputy Mayor for Policing and Crime to exercise a function listed in subsection (7) (a), (e), (f), (g) or (h);

(c) arrange, under subsection (2), for a person listed in subsection (6) to exercise any function; or

(d) arrange, under subsection (2), for a person to exercise a function listed in subsection (7).

(4) The Deputy Mayor for Policing and Crime may arrange for any other person to exercise any function of the Mayor's Office for Policing and Crime which is, in accordance with subsection (1)(b), exercisable by the Deputy Mayor for Policing and Crime.

(5) But the Deputy Mayor for Policing and Crime may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).

(6) The persons referred to in subsections (3)(a) and (c) and (5) are—

(a) a constable (whether or not in England and Wales);

(b) a police and crime commissioner;

(c) the Mayor of London;

(d) the Common Council of the City of London;

(e) any other person or body which maintains a police force;

(f) a member of the staff of a person falling within any of paragraphs (a) to (e).

(7) The functions mentioned in subsection (3) are—

(a) issuing a police and crime plan (see section 6);

(b) determining police and crime objectives (see section 7);

(c) attendance at a meeting of the police and crime panel of the London Assembly in compliance with a requirement by the panel to do so (see section 29);

(d) preparing an annual report to the policing and crime panel of the London Assembly (see section 12);

(e) making recommendations in relation to the appointment of a Commissioner of Police of the Metropolis under section 42;

(f) making representations in relation to the appointment of a Deputy Commissioner of Police of the Metropolis under section 45;

(g) being consulted in relation to the appointment or removal of an Assistant Commissioner of Police of the Metropolis, a Deputy Assistant Commissioner of Police of the Metropolis, or a Commander (see sections 45, 46, 47 and 49);

(h) suspending the Commissioner, or Deputy Commissioner, of Police of the Metropolis, or calling upon the Commissioner, or Deputy Commissioner, to retire or resign (see section 48);

[F14 (i) appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(j) deciding whether to enter into a liability limitation agreement under section 14 of that Act.]

(8) If a function of the Mayor's Office for Policing and Crime is exercisable by a person in accordance with subsection (1), (2) or (4), any property or rights vested in the Office may be dealt with by the other person in exercising the function, as if vested in that person.

(9) Subsection (2) applies whether or not there is a Deputy Mayor for Policing and Crime.

(10) The Deputy Mayor for Policing and Crime is a member of the staff of the Mayor's Office for Policing and Crime.

(11) But that is subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member).

(12) The appointment of the Deputy Mayor for Policing and Crime is subject to Schedule 4A to the Greater London Authority Act 1999.

(13) For further provision about the appointment of the Deputy Mayor for Policing and Crime, see paragraph 4 of Schedule 3.

Textual Amendments

F13 S. 19(3)(aa) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 23(3), 183(1)(5)(e)

F14 S. 19(7)(i)(j) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 117; S.I. 2015/841, art. 3(x)

Commencement Information

I32 S. 19 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 6, Sch. 2 para. 2)

20 Deputy Mayor for Policing and Crime: confirmation hearings E+W

(1) The Greater London Authority Act 1999 is amended in accordance with this section.

(2) In section 60A (confirmation hearings etc for certain appointments by the Mayor)—

(a) in the title, at the end insert “ or Mayor's Office for Policing and Crime ”;

(b) in subsection (3), omit the entry relating to the chairman and vice chairman of the Metropolitan Police Authority;

(c) for subsection (4) substitute—

“(4) This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.”.

(3) In Schedule 4A (confirmation hearings etc)—

(a) in paragraph 1 (application of Schedule), after sub-paragraph (2) insert—

“(3) This Schedule also has effect where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.

(4) In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.

(5) Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).

(6) Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.

(7) Paragraphs 2, 4 and 5 are subject to paragraph 10.”;

(b) after paragraph 9 insert—

“10 (1) The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.

(2) The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—

(a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b) notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).

(3) If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.

(4) References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.

(5) For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.”

Commencement Information

I33 S. 20 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)

Financial matters E+W

21 Police fund E+W

(1) Each elected local policing body must keep a fund to be known as the police fund.

(2) All of an elected local policing body's receipts must be paid into the relevant police fund.

(3) All of an elected local policing body's expenditure must be paid out of the relevant police fund.

(4) An elected local policing body must keep accounts of payments made into or out of the relevant police fund.

(5) Subsections (2) and (3) are subject to any regulations under the Police Pensions Act 1976.

(6) In this section “relevant police fund”, in relation to an elected local policing body, means the police fund which that body keeps.

Modifications etc. (not altering text)

C13 S. 21 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 22

Commencement Information

I34 S. 21 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I35 S. 21 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

22 Minimum budget for police and crime commissioner E+W

(1) Section 41 of the Police Act 1996 (directions as to minimum budget) is amended as follows.

(2) In subsection (1)—

(a) for “a police authority established under section 3” substitute “ a police and crime commissioner ”;

(b) for “the authority” substitute “ the commissioner ”;

[F15 (c) for “its” substitute “the commissioner's”.]

(3) After subsection (1) insert—

“(1A) But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.”.

(4) In subsection (4)—

(a) for “a police authority” substitute “ a police and crime commissioner ”;

(b) for “the authority” substitute “ the commissioner ”.

Textual Amendments

F15 S. 22(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 54; S.I. 2011/2896, art. 2(i)

Commencement Information

I36 S. 22 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

23 Minimum budget for Mayor's Office for Policing and Crime E+W

(1) The Greater London Authority Act 1999 is amended as follows.

(2) Section 95 (minimum budget for Metropolitan Police Authority) is amended in accordance with subsections (3) to (7).

(3) In the title, for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

(4) In subsection (1), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

(5) In subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

(6) After subsection (2) insert—

“(2A) But the Secretary of State may not give a direction to the Authority under subsection (2) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in the metropolitan police district from being put at risk.”.

(7) In subsections (3), (4) and (7), for “Metropolitan Police Authority” (in each place) substitute “ Mayor's Office for Policing and Crime ”.

(8) In section 96 (provisions supplemental to section 95), in subsection (6), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Commencement Information

I37 S. 23 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

24 Police grant E+W

(1) Section 46 of the Police Act 1996 (police grant) is amended as follows.

(2) In subsection (1)—

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the words after paragraph (b) substitute—

“and in those provisions a reference to a grant recipient is a reference to a police and crime commissioner, the Common Council or the Greater London Authority.”.

(3) In subsection (2)(b), for “authority” substitute “ grant recipient ”.

(4) In subsection (4), for “police authorities” substitute “ grant recipients ”.

(5) In subsection (5), for “different authorities or different classes of authority” substitute “ different grant recipients or different classes of grant recipient ”.

(6) In subsection (7), for “police authority” substitute “ grant recipient ”.

(7) In subsection (7A)—

(a) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”;

(b) for “that Authority” substitute “ that Office ”.

(8) In subsection (8)—

(a) for “an authority's” substitute “ a grant recipient's ”;

(b) for “the authority” substitute “ the grant recipient ”;

(c) for “an authority” substitute “ a grant recipient ”.

(9) In subsection (9), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

Textual Amendments

F16 S. 24(2)(a) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(k)(iii)

Commencement Information

I38 S. 24(1)(7)(9) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I39 S. 24(2)-(6) (8) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

25 Other grants etc under Police Act 1996 E+W

(1) The Police Act 1996 is amended as follows.

(2) In section 47 (grants for capital expenditure)—

(a) in subsection (1), for the words from “by” to “Authority”, substitute “ by local policing bodies ”;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “ under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime ”;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”;

(ii) for “that Authority” substitute “ that Office ”.

(3) In section 48 (grants for expenditure on safeguarding national security)—

(a) in subsection (1), for the words from “by” to “security”, substitute “ by local policing bodies in connection with safeguarding national security ”;

(b) in subsection (4), for “by virtue of subsection (1)(b)” substitute “ under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime ”;

(c) in subsection (5)—

(i) for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”;

(ii) for “that Authority” substitute “ that Office ”.

(4) In section 92 (grants by local authorities)—

(a) in subsection (1), for “police authority established under section 3” substitute “ police and crime commissioner ”;

(b) in subsection (2), for “Metropolitan Police Authority” substitute “ Mayor's Office for Policing and Crime ”.

(5) In section 93 (acceptance of gifts or loans)—

(a) in subsection (1), for “police authority” substitute “ local policing body ”;

(b) in subsection (2), for “police authority” substitute “ local policing body ”.

(6) Section 94 (financing of new police authorities) is amended as follows.

(7) In the title, for “police authorities” substitute “ police and crime commissioners ”.

(8) In subsection (1)—

(a) for “police authority established under section 3” substitute “ police and crime commissioner ”;

(b) for “it” substitute “ the commissioner ”.

(9) In subsection (2)—

(a) for “police authority established under section 3” substitute “ police and crime commissioner ”;

(b) for “it” substitute “ the commissioner ”;

(c) for “its” (in both places) substitute “ the commissioner's ”.

(10) In subsection (3)—

(a) for “an authority” substitute “ a commissioner ”;

(b) for “its” substitute “ the commissioner's ”.

(11) In subsection (4)—

(a) for “a police authority” substitute “ a police and crime commissioner ”;

(b) for “it” (in both places) substitute “ the commissioner ”.

Commencement Information

I40 S. 25(1)-(3)(4)(b)(5) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I41 S. 25(4)(a) (6)-(11) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

26 Precepts E+W

(1) The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

(2) In section 39 (precepting and precepted authorities), in subsection (1) (major precepting authorities), for paragraph (b) substitute—

“(b) a police and crime commissioner;”.

(3) In section 65 (duty to consult ratepayers), in subsection (3) (definition of relevant authority), after “major precepting authority” insert “ , apart from a police and crime commissioner ”.

(4) Schedule 5 (issuing precepts) has effect.

Commencement Information

I42 S. 26 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

27 Other grants etc E+W

(1) Section 155 of the Local Government and Housing Act 1989 (emergency financial assistance to local authorities) is amended in accordance with subsections (2) and (3).

(2) In subsection (1A) (grants to GLA functional bodies), for paragraph (b) substitute—

“(b) the Mayor's Office for Policing and Crime, or”.

(3) In subsection (4) (meaning of local authority), for paragraph (ea) substitute—

“(ea) a police and crime commissioner;”.

(4) In section 33 of the Local Government Act 2003 (interpretation of Chapter 1 of Part 3: expenditure grant), in subsection (1) (meaning of local authority), for paragraph (m) substitute—

“(m) a police and crime commissioner.”.

Commencement Information

I43 S. 27(1)(2) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I44 S. 27(3)(4) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

CHAPTER 4 E+W Accountability of elected local policing bodies

Scrutiny of police and crime commissioners E+W

28 Police and crime panels outside London E+W

(1) Each police area, other than the metropolitan police district, is to have a police and crime panel established and maintained in accordance with Schedule 6 (police and crime panels).

[F17 (1A) Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(1B) The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.]

(2) The functions of the police and crime panel for a police area must be exercised with a view to supporting the effective exercise of the functions of the police and crime commissioner for that police area.

(3) A police and crime panel must—

(a) review the draft police and crime plan, or draft variation, given to the panel by the relevant police and crime commissioner in accordance with section 5(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the commissioner.

(4) A police and crime panel must—

(a) arrange for a public meeting of the panel to be held as soon as practicable after the panel is sent an annual report under section 12,

(b) ask the police and crime commissioner, at that meeting, such questions about the annual report as the members of the panel think appropriate,

(c) review the annual report, and

(d) make a report or recommendations on the annual report to the commissioner.

(5) A police and crime panel has the functions conferred by Schedules 1 (procedure for appointments of senior staff), 5 (issuing precepts) and 8 (procedure for appointments by police and crime commissioners).

(6) A police and crime panel must—

(a) review or scrutinise decisions made, or other action taken, by the relevant police and crime commissioner in connection with the discharge of the commissioner's functions; and

(b) make reports or recommendations to the relevant police and crime commissioner with respect to the discharge of the commissioner's functions,

insofar as the panel is not otherwise required to do so by subsection (3) or (4) or by Schedule 1, 5 or 8.

(7) A police and crime panel must publish any reports or recommendations made to the relevant police and crime commissioner.

(8) The police and crime panel for a police area in England must send copies of any such reports or recommendations to each local authority whose area falls wholly or partly within the police area.

(9) It is for the police and crime panel to determine the manner in which reports or recommendations are to be published in accordance with subsection (7).

(10) Schedule 6 (police and crime panels) has effect.

(11) In this section “local authority” means a county council or a district council.

Textual Amendments

F17 S. 28(1A)(1B) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 89; S.I. 2017/399, reg. 2, Sch. para. 38

Modifications etc. (not altering text)

C14 S. 28 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 23

C15 S. 28(2)-(9) applied (with modifications) by 2004 c. 21, Sch. A2 para. 8 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C16 S. 28(11) applied (with modifications) by 2004 c. 21, Sch. A2 para. 8 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

Commencement Information

I45 S. 28(1)(10) in force at 25.4.2012 by S.I. 2012/1129, art. 2(a)

I46 S. 28(2)-(9) (11) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

29 Power to require attendance and information E+W

(1) A police and crime panel may require the relevant police and crime commissioner, and members of that commissioner's staff, to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

(2) Nothing in subsection (1) requires a member of the police and crime commissioner's staff to give any evidence, or produce any document, which discloses advice given to the commissioner by that person.

(3) A police and crime panel may require the relevant police and crime commissioner to respond in writing (within a reasonable period determined by the panel) to any report or recommendation made by the panel to the commissioner.

(4) The police and crime commissioner must comply with any requirement imposed by the panel under subsection (1) or (3).

(5) Members of the staff of the police and crime commissioner must comply with any requirement imposed on them under subsection (1).

(6) If a police and crime panel requires the relevant police and crime commissioner to attend before the panel, the panel may (at reasonable notice) request the relevant chief constable to attend before the panel on the same occasion to answer any question which appears to the panel to be necessary in order for it to carry out its functions.

Modifications etc. (not altering text)

C17 S. 29 applied (with modifications) by 2004 c. 21, Sch. A2 para. 9 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C18 S. 29 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 24

Commencement Information

I47 S. 29 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a) (with art. 5(4))

30 Suspension of police and crime commissioner E+W

(1) A police and crime panel may suspend the relevant police and crime commissioner if it appears to the panel that—

(a) the commissioner has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the police and crime commissioner ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the police and crime commissioner being acquitted of the offence;

(c) the police and crime commissioner being convicted of the offence but not being disqualified under section 66 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the police and crime commissioner is to be treated as not holding that office during that suspension.

(4) In this section references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.

Modifications etc. (not altering text)

C19 S. 30 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 25

Commencement Information

I48 S. 30 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

Conduct E+W

31 Conduct E+W

(1) The Secretary of State may, by regulations, make provision about—

(a) the making and handling of complaints about the conduct of relevant office holders (“qualifying complaints”);

(b) the recording of matters in the case of which there is an indication (whether from the circumstances or otherwise) that a relevant office holder may have committed a criminal offence (“conduct matters”);

(c) the manner in which qualifying complaints and conduct matters are investigated or otherwise dealt with.

(2) Schedule 7 (regulations about complaints and conduct matters) has effect.

(3) In this section and that Schedule “relevant officer holder” means the holder of any of the following offices—

(a) police and crime commissioner;

(b) deputy police and crime commissioner;

(c) the Mayor's Office for Policing and Crime;

(d) Deputy Mayor for Policing and Crime.

Modifications etc. (not altering text)

C20 S. 31 applied by 2004 c. 21, Sch. A2 para. 10 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C21 S. 31 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 26

C22 S. 31(1)(a)-(c): power to modify conferred by 2009 c. 20, Sch. 5C para. 8 (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

Commencement Information

I49 S. 31 in force at 31.10.2011 by S.I. 2011/2515, art. 2(a)

Scrutiny of Mayor's Office for Policing and Crime E+W

32 London Assembly police and crime panel E+W

(1) The London Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (the “police and crime panel”).

(2) Those functions (“the police and crime panel functions”) are—

(a) the functions conferred on the Assembly by section 33;

(b) the functions conferred on the Assembly by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

(3) The London Assembly may not arrange for the police and crime panel functions to be discharged on its behalf otherwise than in accordance with subsection (1).

(4) The London Assembly may not arrange for any of its other functions to be discharged by the police and crime panel.

(5) The special scrutiny functions may only be exercised at a meeting of the whole panel; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole panel.

(6) The enactments applying to committees of the London Assembly, apart from the excluded provisions, apply to the police and crime panel as if the police and crime panel functions were to be discharged by the panel by virtue of arrangements under section 54(1)(a) of the 1999 Act.

(7) In subsection (6), “excluded provisions” means the following provisions of the 1999 Act—

(a) section 54(5), so far as it provides for the London Assembly to retain power to exercise functions delegated to a committee;

(b) section 55 (Assembly committees and sub-committees).

(8) The enactments conferring, or relating to, the police and crime panel functions are to be read with the appropriate modifications; in particular—

(a) references to the London Assembly are to be read as references to the police and crime panel; and

(b) references to proceedings of the London Assembly are to be read as references to proceedings of the police and crime panel.

(9) For the purposes of subsection (8), references to the police and crime panel include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3) of the 1999 Act.

(10) The following provisions apply to the police and crime panel—

(a) the number of members of the panel, and their term of office, are to be fixed by the London Assembly;

(b) persons who are not members of the London Assembly may be members of the panel.

(11) The following provisions apply to any sub-committee by which police and crime panel functions are to be discharged—

(a) the number of members of the sub-committee, and their term of office, are to be fixed by the police and crime panel;

(b) persons who are not members of the London Assembly may be members of the sub-committee.

(12) The police and crime panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor's Office for Policing and Crime.

(13) In this section—

• “1999 Act” means the Greater London Authority Act 1999;

• “special scrutiny functions” means the functions conferred—

  (a)

  by section 33(1), or

  (b)

  by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.

Commencement Information

I50 S. 32 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

33 Functions to be discharged by police and crime panel E+W

(1) The London Assembly must—

(a) review the draft police and crime plan, or draft variation, given to the Assembly by the Mayor's Office for Policing and Crime in accordance with section 6(6)(c), and

(b) make a report or recommendations on the draft plan or variation to the Mayor's Office for Policing and Crime.

(2) The London Assembly must keep under review the exercise of the functions of the Mayor's Office for Policing and Crime, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A to the 1999 Act.

(3) For the purposes of subsection (2), the powers of the London Assembly include, in particular, power to investigate, and prepare reports about—

(a) any actions and decisions of the Mayor's Office for Policing and Crime;

(b) any actions and decisions of the Deputy Mayor for Policing and Crime;

(c) any actions and decisions of a member of staff of the Mayor's Office for Policing and Crime;

(d) matters relating to the functions of the Mayor's Office for Policing and Crime;

(e) matters in relation to which the functions of the Mayor's Office for Policing and Crime are exercisable; or

(f) any other matters which the Assembly considers to be of importance to policing and crime reduction in the metropolitan police district.

(4) The London Assembly may submit proposals to the Mayor's Office for Policing and Crime.

(5) The London Assembly may require a person referred to in subsection (6)—

(a) to attend proceedings of the Assembly for the purpose of giving evidence, or

(b) to produce to the Assembly documents in the person's possession or under the person's control.

(6) Those persons are—

(a) the Deputy Mayor for Policing and Crime;

(b) any member of the staff of the Mayor's Office for Policing and Crime;

(c) the person who is the occupant of the Mayor's Office for Policing and Crime;

(d) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (5) been the Deputy Mayor for Policing and Crime or the occupant of the Mayor's Office for Policing and Crime.

(7) Nothing in subsection (5) requires a member of the staff of the Mayor's Office for Policing and Crime to give any evidence, or produce any document, which discloses advice given to the Mayor's Office for Policing and Crime by that person.

(8) If the London Assembly requires the Deputy Mayor for Policing and Crime, or the person who is the occupant of the Mayor's Office for Policing and Crime, to attend proceedings, the Assembly may (at reasonable notice) request the Commissioner of Police of the Metropolis to attend proceedings on the same occasion for the purpose of giving evidence.

(9) The following provisions of the 1999 Act apply (with appropriate modifications) to a requirement under subsection (5) as they apply to a requirement under section 61(1) of the 1999 Act—

(a) section 61(14) (meaning of document etc);

(b) section 62(3) to (6) (procedure for requiring attendance);

(c) section 63 (restriction of information);

(d) section 64 (failure to attend proceedings);

(e) section 65 (openness).

(10) In this section “1999 Act” means the Greater London Authority Act 1999.

Commencement Information

I51 S. 33 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 7(4)) (as amended (14.11.2012) by S.I. 2012/2892, art. 8(2))

CHAPTER 5 E+W Police forces in areas with elected local policing bodies

Chief officers of police E+W

34 Engagement with local people E+W

(1) A chief officer of police must make arrangements for obtaining the views of persons within each neighbourhood in the relevant police area about crime and disorder in that neighbourhood.

(2) A chief officer of police must make arrangements for providing persons within each neighbourhood in the relevant police area with information about policing in that neighbourhood (including information about how policing in that neighbourhood is aimed at dealing with crime and disorder there).

(3) Arrangements under this section must provide for, or include arrangements for, the holding in each neighbourhood of regular meetings between—

(a) persons within that neighbourhood, and

(b) police officers with responsibility for supervising or carrying out policing in that neighbourhood.

(4) It is for a chief officer of police to determine what the neighbourhoods are in the relevant police area.

Commencement Information

I52 S. 34 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

35 Value for money E+W

(1) In exercising functions, a chief officer of police must secure that good value for money is obtained.

(2) That includes securing that the persons under the direction and control of the chief officer of police obtain good value for money in exercising their functions.

Commencement Information

I53 S. 35 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

36 Information for elected local policing bodies E+W

(1) A chief officer of police must give the relevant elected local policing body such information on policing matters that the body may require the chief officer to give.

(2) Such information must be in the form (if any) specified by the elected local policing body.

(3) The elected local policing body may—

(a) arrange for such information to be published, or

(b) require the chief officer of police to arrange for such information to be published.

(4) It is for the elected local policing body to determine the manner in which information is to be published in accordance with subsection (3) (a) or (b).

(5) In this section “policing matters” means matters connected with the policing of the relevant police area.

Commencement Information

I54 S. 36 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I55 S. 36 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

37 Appointment of persons not employed by chief officers of police E+W

(1) This section applies where a chief officer of police is required or authorised by any Act—

(a) to appoint a person to a specified post in the relevant police force, or a specified post in the civilian staff of the relevant police force, or

(b) to designate a person as having specified duties or responsibilities.

(2) The chief officer of police may appoint or designate a person whether or not the person is already a member of staff of the police force.

(3) Subsection (2) has effect in spite of any provision to the contrary in the Act that is mentioned in subsection (1).

Commencement Information

I56 S. 37 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I57 S. 37 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

Police forces outside London E+W

38 Appointment, suspension and removal of chief constables E+W

(1) The police and crime commissioner for a police area is to appoint the chief constable of the police force for that area.

(2) The police and crime commissioner for a police area may suspend from duty the chief constable of the police force for that area.

(3) The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire.

(4) The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).

(5) Schedule 8 (appointment, suspension and removal of senior police officers) has effect.

(6) This section is subject to Parts 1 and 2 of Schedule 8.

(7) This section and Schedule 8 are subject to regulations under section 50 of the Police Act 1996.

Commencement Information

I58 S. 38 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

39 Deputy chief constables E+W

(1) Each police force must have one or more deputy chief constables.

(2) The chief constable of a police force must consult the relevant police and crime commissioner before increasing the number of deputy chief constables which the force has.

(3) The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person to be a deputy chief constable of the force.

(4) The chief constable of a police force may suspend from duty a deputy chief constable of that police force.

(5) The chief constable of a police force may call upon a deputy chief constable of that police force to resign or retire.

(6) A deputy chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (5).

(7) Subsections (3) to (6) are subject to regulations under section 50 of the Police Act 1996.

(8) Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

(9) In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

Commencement Information

I59 S. 39 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

40 Assistant chief constables E+W

(1) Each police force must have one or more assistant chief constables.

(2) The chief constable of a police force must consult the relevant police and crime commissioner before appointing a person as an assistant chief constable of the force.

(3) The chief constable of a police force may suspend from duty an assistant chief constable of that police force.

(4) The chief constable of a police force may call upon an assistant chief constable of that police force to resign or retire.

(5) An assistant chief constable must resign or retire if called upon to do so by the chief constable in accordance with subsection (4).

(6) Subsections (2) to (5) are subject to regulations under section 50 of the Police Act 1996.

(7) Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and removal of other senior police officers).

(8) In this section “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

Commencement Information

I60 S. 40 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

41 Power of deputy to exercise functions of chief constable E+W

(1) The appropriate deputy chief constable of a police force may exercise or perform any or all of the functions of the chief constable of the force—

(a) during any period when the chief constable is unable to exercise functions, or

(b) at any other time, with the consent of the chief constable.

(2) For the purposes of subsection (1), the appropriate deputy chief constable is—

(a) if the police force has only one deputy chief constable, the deputy chief constable;

(b) if the police force has more than one deputy chief constable, the most senior deputy chief constable.

(3) If the police force has more than one deputy chief constable, the chief constable must designate the deputy chief constables in order of seniority for the purposes of subsection (2)(b).

(4) During any absence, incapacity or suspension from duty of the person who—

(a) is designated as the most senior deputy chief constable for the purposes of subsection (2)(b), or

(b) is treated under this section as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable is to be treated as the most senior one for the purposes of subsection (2)(b).

(5) The assistant chief constable designated for this purpose by the chief constable of the force may exercise any or all of the chief constable's functions during any period when—

(a) the chief constable is unable to exercise functions, and

(b) a deputy chief constable is unable to exercise functions.

(6) The chief constable of the force must designate an assistant chief constable of the force for the purposes of subsection (5).

(7) Only one person is authorised to act at any one time by virtue of a designation by the chief constable.

(8) The chief constable must consult the relevant police and crime commissioner before making a designation for the purposes of subsection (2)(b) or (5).

(9) This section is without prejudice to any other enactment that makes provision for a person other than the chief constable to exercise the chief constable's functions.

(10) In a case where a deputy chief constable or assistant chief constable (the “acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise or perform functions of a chief constable—

(a) section 38(2) and (3) apply in relation to the acting chief constable as they apply in relation to the chief constable (and references to chief constables in those provisions, and in other enactments relating to those provisions, are to be read accordingly); and

(b) section 39(4) and (5) or section 40(3) and (4) do not apply in relation to the acting chief constable.

(11) In this section—

(a) “police force” means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);

(b) a reference to a period when the chief constable is unable to exercise functions is a reference to a period when—

(i) the chief constable is absent, incapacitated or suspended from duty, or

(ii) the office of chief constable is vacant;

(c) a reference to a period when a deputy chief constable is unable to exercise functions is a reference to a period when—

(i) the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty, or

(ii) the office of deputy chief constable, or of each deputy chief constable, is vacant.

Commencement Information

I61 S. 41 in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

The metropolitan police force E+W

42 Appointment of Commissioner of Police of the Metropolis E+W

(1) The Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

(2) A constable holds office as the Commissioner of Police of the Metropolis at Her Majesty's pleasure.

(3) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis unless that person [F18 is eligible for appointment]; and, before making such a recommendation, the Secretary of State must have regard to any recommendations made by the Mayor's Office for Policing and Crime.

[F19 (3A) A person is eligible for appointment if the person is or has been—

(a) a constable in any part of the United Kingdom, or

(b) a police officer in an approved overseas police force, of at least the approved rank.

[F20 (3AA) But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.]

(3B) An “approved overseas police force” is a police force which—

(a) is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and

(b) is designated in relation to that country or territory by the regulations.

(3C) The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations.

(3D) The College of Policing must recommend to the Secretary of State matters to be designated under this section.

(3E) The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).]

(4) The appointment of the Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Textual Amendments

F18 Words in s. 42(3) substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 140(5), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(a)

F19 S. 42(3A)-(3E) inserted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 140(6), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(a)

F20 S. 42(3AA) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 30(3), 183(1)(5)(e); S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I62 S. 42 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

43 Deputy Commissioner of Police of the Metropolis E+W

(1) The Metropolitan Police force has one Deputy Commissioner of Police of the Metropolis.

(2) The Deputy Commissioner of Police of the Metropolis is to be appointed by Her Majesty by warrant under Her sign manual.

(3) A person holds office as the Deputy Commissioner of Police of the Metropolis at Her Majesty's pleasure.

[F21 (3A) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment.

(3B) A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.]

(4) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis, the Secretary of State must have regard to—

(a) any recommendations made by the Commissioner of Police of the Metropolis, and

(b) any representations made by the Mayor's Office for Policing and Crime.

(5) The appointment of the Deputy Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Textual Amendments

F21 S. 43(3A)(3B) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 30(4), 183(1)(5)(e); S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I63 S. 43 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

44 Functions of Deputy Commissioner of Police of the Metropolis E+W

(1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

(a) during any absence, incapacity or suspension from duty of the Commissioner,

(b) during any vacancy in the office of Commissioner, or

(c) at any other time, with the consent of the Commissioner.

(2) The Deputy Commissioner of Police of the Metropolis does not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis has all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

Commencement Information

I64 S. 44 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

45 Assistant Commissioners of Police of the Metropolis E+W

(1) The metropolitan police force must have one or more Assistant Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as an Assistant Commissioner of Police of the Metropolis.

(3) The appointment of a person as an Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

(4) An Assistant Commissioner of Police of the Metropolis may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner of Police of the Metropolis.

(5) Subsection (4) is without prejudice to regulations under section 50 of the Police Act 1996.

(6) In a case where an Assistant Commissioner of Police of the Metropolis is acting in place of the Commissioner of Police of the Metropolis—

(a) section 48 applies in relation to the Assistant Commissioner as it applies to the Commissioner (and references to the Commissioner in that section, and in other enactments relating to that section, are to be read accordingly); and

(b) section 49 does not apply in relation to the Assistant Commissioner.

(7) For the purposes of subsection (6), an Assistant Commissioner is to be taken to be acting in place of the Commissioner at a particular time if—

(a) the Assistant Commissioner is, at that time, authorised by subsection (4) to exercise powers and duties of the Commissioner, and

(b) that time falls during—

(i) any absence, incapacity or suspension from office of the Commissioner, or

(ii) any vacancy in the office of Commissioner.

Commencement Information

I65 S. 45 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

46 Deputy Assistant Commissioners of Police of the Metropolis E+W

(1) The metropolitan police force must have one or more Deputy Assistant Commissioners of Police of the Metropolis.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Deputy Assistant Commissioner of Police of the Metropolis.

(3) The appointment of a person as a Deputy Assistant Commissioner of Police of the Metropolis is subject to regulations under section 50 of the Police Act 1996.

Commencement Information

I66 S. 46 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

47 Commanders E+W

(1) The metropolitan police force must have one or more Commanders.

(2) The Commissioner of Police of the Metropolis must consult the Mayor's Office for Policing and Crime before appointing a person as a Commander.

(3) The appointment of a person as a Commander is subject to regulations under section 50 of the Police Act 1996.

Commencement Information

I67 S. 47 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

48 Suspension and removal of Commissioner and Deputy Commissioner E+W

(1) The Mayor's Office for Policing and Crime may, with the approval of the Secretary of State—

(a) suspend the Commissioner of Police of the Metropolis from duty, or

(b) suspend the Deputy Commissioner of Police of the Metropolis from duty.

(2) If the Mayor's Office for Policing and Crime suspends the Commissioner, or Deputy Commissioner, from duty, that Office must notify the Secretary of State of the suspension.

(3) The Mayor's Office for Policing and Crime may, subject to subsections (5) and (6), and with the approval of the Secretary of State—

(a) call upon the Commissioner of Police of the Metropolis to resign or retire, or

(b) call upon the Deputy Commissioner of Police of the Metropolis to resign or retire.

(4) The Commissioner, or Deputy Commissioner, must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon the Commissioner, or Deputy Commissioner, to retire or resign, the Mayor's Office for Policing and Crime must—

(a) give the police officer a written explanation of the reasons why the Office is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(c) consider any written representations made by the police officer.

(6) The Mayor's Office for Policing and Crime must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the Commissioner, or Deputy Commissioner, to retire or resign.

(7) This section is subject to regulations under section 50 of the Police Act 1996.

(8) This section is without prejudice to—

(a) section 42(2);

(b) section 43(3); or

(c) regulations under the Police Pensions Act 1976.

Commencement Information

I68 S. 48 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

49 Suspension and removal of other senior metropolitan police officers E+W

(1) The Commissioner of Police of the Metropolis may suspend a senior metropolitan police officer from duty.

(2) If the Commissioner suspends a senior metropolitan police officer from duty, the Commissioner must notify the Mayor's Office for Policing and Crime of the suspension.

(3) The Commissioner of Police of the Metropolis may, subject to subsection (5), and after consulting the Mayor's Office for Policing and Crime, call upon a senior metropolitan police officer to resign or retire.

(4) A senior metropolitan police officer must resign or retire if called upon to do so in accordance with subsection (3).

(5) Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must—

(a) give the police officer a written explanation of the reasons why the Commissioner is proposing to call for the retirement or resignation;

(b) give the police officer the opportunity to make written representations about the proposal to call for the police officer's resignation or retirement; and

(c) consider any written representations made by the police officer.

(6) This section is subject to regulations under section 50 of the Police Act 1996.

(7) This section is without prejudice to regulations under the Police Pensions Act 1976.

(8) In this section “senior metropolitan police officer” means any of the following—

(a) an Assistant Commissioner of Police of the Metropolis;

(b) a Deputy Assistant Commissioner of Police of the Metropolis;

(c) a Commander.

Commencement Information

I69 S. 49 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

CHAPTER 6 U.K. Police and crime commissioners: elections and vacancies

Holding of elections E+W

50 Ordinary elections E+W

(1) An election of police and crime commissioners for all police areas (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at the ordinary election of police and crime commissioners in 2012 is to be held on 15 November 2012.

(3) The poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on [F22 the first Thursday in May] in the year of the election.

(4) But, if the Secretary of State [F23 or the [F24 Minister for the Cabinet Office]] so specifies in an order, the poll at an ordinary election of police and crime commissioners in any year after 2012 is to be held on such day in the year of the election as may be specified in the order.

(5) An order under subsection (4)—

(a) may not specify, as the day of a poll, a day which is before [F25 the first Thursday in May] in the year of the election;

(b) may not be made within the period of six months ending with [F26 the first Thursday in May] in the year of the election (or the first of the elections) to which the order relates.

F27 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The term of office of a person elected as a police and crime commissioner at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of police and crime commissioners.

(8) Subsection (7) is subject to any provision of or made under this or any other Act relating to the appointment or election of police and crime commissioners or their ceasing to hold office.

Textual Amendments

F22 Words in s. 50(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F23 Words in s. 50(4) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(a) (with art. 5(2))

F24 Words in s. 50(4) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(a) (with art. 12)

F25 Words in s. 50(5)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(3)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F26 Words in s. 50(5)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F27 S. 50(6) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 8(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C24 S. 50(1)(b)(7)(b): power to exclude conferred by 2009 c. 20, s. 107F(5)(6) (as inserted (28.1.2016 for specified purposes) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

C25 S. 50(1)(b) excluded (30.3.2016) by The Greater Manchester Combined Authority (Election of Mayor with Police and Crime Commissioner Functions) Order 2016 (S.I. 2016/448), arts. 1, 4(3)

C26 S. 50(4) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(a) (with arts. 3(3), 4)

Commencement Information

I70 S. 50 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

51 Election to fill vacancy in office of commissioner E+W

(1) This section applies where a vacancy occurs in the office of police and crime commissioner for a police area.

(2) An election must be held to fill the vacancy.

(3) The police area returning officer must fix the date of the poll at the election.

(4) The date fixed must be not more than 35 days after the relevant event (computed in accordance with section 73).

(5) For the purposes of subsection (4), “the relevant event” means—

(a) in a case where the High Court or the appropriate officer has declared the office to be vacant, the making of that declaration;

(b) in any other case, the giving of notice of the vacancy to the appropriate officer by two or more relevant electors.

[F28 (6) A person is a relevant elector for the purposes of subsection (5) in relation to a police area in England if the person is registered in a register of local government electors in respect of an address within the police area.

(6A) A person is a relevant elector for the purposes of subsection (5) in relation to a police area in Wales if subsection (6B) or (6C) applies.

(6B) This subsection applies if—

(a) the person is registered in a register of parliamentary electors in respect of an address within the police area, and

(b) the registration is not in pursuance of an overseas elector's declaration.

(6C) This subsection applies if—

(a) the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a relevant citizen of the Union, and

(b) the person is registered in a register of local government electors in respect of an address within the police area.]

(7) If the vacancy occurs within the period of six months ending with the day of the poll at the next ordinary election of police and crime commissioners—

(a) no election is to be held under subsection (2) in respect of the vacancy, and

(b) accordingly, the office is to be left unfilled until that ordinary election.

(8) The term of office of a person elected as a police and crime commissioner for a police area at an election to fill a vacancy in the office—

(a) begins immediately the person is declared to be elected as police and crime commissioner for the area;

(b) ends at the time when it would have ended had the person been elected at the most recent ordinary election of police and crime commissioners.

(9) In the case of a vacancy occurring in consequence of the failure of, or other irregularity in relation to, an election, subsections (3) and (4) have effect subject to any provision made by an order under section 58.

Textual Amendments

F28 S. 51(6)-(6C) substituted for s. 51(6) (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(5), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C27 S. 51: power to exclude conferred by 2009 c. 20, s. 107F(6)(b) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

C28 S. 51 excluded (30.3.2016) by The Greater Manchester Combined Authority (Election of Mayor with Police and Crime Commissioner Functions) Order 2016 (S.I. 2016/448), arts. 1, 4(5)

C29 S. 51(7) restricted (24.7.2014) by The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014 (S.I. 2014/1963), arts. 1(3), 6

Commencement Information

I71 S. 51 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

52 Persons entitled to vote E+W

(1) A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area [F29 in England] if on the date of the poll—

(a) the person would be entitled to vote as an elector at a local government election in an electoral area wholly or partly comprised in the police area, and

(b) the address in respect of which the person is registered in the register of local government electors for that electoral area is within the police area.

[F30 (1A) A person is entitled to vote as an elector at an election of a police and crime commissioner for a police area in Wales if subsection (1B) or (1C) applies.

(1B) This subsection applies if on the date of the poll—

(a) the person would be entitled to vote as an elector at a parliamentary election in a constituency wholly or partly comprised in the police area,

(b) the address in respect of which the person is registered in the register of parliamentary electors for that constituency is within the police area, and

(c) the registration is not in pursuance of an overseas elector's declaration.

(1C) This subsection applies if on the date of the poll—

(a) the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a relevant citizen of the Union who has attained the age of 18,

(b) the person would be entitled to vote as an elector at a local government election in an electoral area wholly or partly comprised in the police area, and

(c) the address in respect of which the person is registered in the register of local government electors for that electoral area is within the police area.]

(2) A person is not entitled to vote as an elector more than once in the same police area at any election of a police and crime commissioner.

Textual Amendments

F29 Words in s. 52(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F30 S. 52(1A)-(1C) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I72 S. 52 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

53 Public awareness about elections: role of Electoral Commission E+W

The Electoral Commission must, in relation to—

(a) each ordinary election of police and crime commissioners under section 50,

(b) each election to fill a vacancy in the office of police and crime commissioner for a police area under section 51,

take such steps as it considers appropriate to raise public awareness about the election and how to vote in it.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I73 S. 53 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

Conduct of elections U.K.

54 Returning officers etc E+W

(1) The returning officer for an election of a police and crime commissioner for a police area (“the police area returning officer”) is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the Representation of the People Act 1983 (acting returning officer for parliamentary election) for a constituency falling wholly or partly within the police area, and

(b) is designated for the purposes of this subsection by order of the Secretary of State [F31 or the [F32 Minister for the Cabinet Office]].

(2) The Secretary of State [F33 or the [F34 Minister for the Cabinet Office]] may by regulations confer functions—

(a) on police area returning officers, and

(b) on local returning officers.

(3) Regulations under subsection (2) may apply or incorporate, with or without modifications or exceptions, any relevant provision.

(4) Each relevant local authority must place the services of its officers at the disposal of any person on whom functions are conferred under subsection (2) in relation to the police area for the purpose of assisting that person in the discharge of those functions.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for a county in which there are no district councils,

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “local election” means an election of members of a local authority;

• “local returning officer” means a person who, by virtue of section 35 of the Representation of the People Act 1983, is a returning officer for any local elections;

• “relevant local authority”, in relation to a police area, means a local authority whose area falls wholly or partly within the police area;

• “relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections.

Textual Amendments

F31 Words in s. 54(1)(b) inserted (with effect in accordance with art. 15(3) of the amending S.I.) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 15(2) (with art. 9)

F32 Words in s. 54(1)(b) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(b) (with art. 12)

F33 Words in s. 54(2) inserted (with effect in accordance with art. 15(3) of the amending S.I.) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 15(2) (with art. 9)

F34 Words in s. 54(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(b) (with art. 12)

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C30 S. 54(1)(b)(2) functions exercisable concurrently (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 7 (with art. 9)

C31 S. 54(2) functions exercisable concurrently (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 7 (with art. 9)

Commencement Information

I74 S. 54 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

55 Returning officers: expenditure E+W

(1) A returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election of a police and crime commissioner if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election, and

(b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the [F35 Minister], with the consent of the Treasury, for the purposes of this subsection.

(2) An order under subsection (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description.

(3) Subject to subsection (4), the returning officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.

(4) In a particular case the [F36 Minister] may authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the [F36 Minister] is satisfied that the conditions in subsection (5) are met.

(5) Those conditions are—

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this section is to be paid by the [F37 Minister] on an account being submitted to the [F37 Minister].

(7) But the [F37 Minister] may, before payment, apply for the account to be taxed under section 56.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at an election of a police and crime commissioner, then on an account being submitted to the [F37 Minister] a sum equal to the increase must be paid to the authority by the [F37 Minister].

(9) On the request of a returning officer for an advance on account of the officer's charges, the [F37 Minister] may make such an advance on such terms as the [F37 Minister] thinks fit.

(10) The [F37 Minister] may by regulations make provision as to—

(a) the time when, and

(b) the manner and form in which,

accounts are to be rendered to the [F37 Minister] for the purposes of the payment of a returning officer's charges.

(11) Any sums required by the [F37 Minister] for making payments under this section are to be charged on, and paid out of, the Consolidated Fund.

(12) In this section—

• “local authority” has the same meaning as in section 54;

• “local returning officer” has the same meaning as in that section;

• [F38 “the Minister” means the Secretary of State or the [F39 Minister for the Cabinet Office];]

• “returning officer” means—

  (a)

  a police area returning officer, or

  (b)

  a local returning officer on whom functions are conferred under subsection (2) of [F40 section 54];

• “specified” means specified in, or determined in accordance with, an order under subsection (1).

Textual Amendments

F35 Word in s. 55(1)(b) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))

F36 Word in s. 55(4) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))

F37 Word in s. 55(6)-(11) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))

F38 Words in s. 55(12) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(b)(i) (with art. 5(2))

F39 Words in s. 55(12) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(c) (with art. 12)

F40 Words in s. 55(12) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(b)(ii) (with art. 5(2))

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C32 S. 55 functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(b) (with arts. 3(3), 4)

Commencement Information

I75 S. 55 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

56 Taxation of returning officer's account E+W

(1) Any application under section 55(7) for a returning officer's account to be taxed is to be made to the county court.

(2) On any such application the court has jurisdiction—

(a) to tax the account—

(i) in such manner, and

(ii) at such time and place,

as the court thinks fit, and

(b) finally to determine the amount payable to the returning officer.

(3) On any such application the returning officer may apply to the court to examine any claim made by any person against the officer in respect of matters charged in the account.

(4) Where an application is made in respect of a claim under subsection (3)—

(a) notice of the application must be given to the claimant;

(b) the court must give the claimant an opportunity to be heard and to tender any evidence;

(c) the court may allow or disallow the claim, with or without costs;

(d) the determination of the court is final for all purposes and as against all persons.

(5) In this section “returning officer” has the same meaning as in section 55.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I76 S. 56 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

57 Voting at elections of police and crime commissioners E+W

(1) This section applies to any election under this Chapter of a police and crime commissioner for a police area.

(2) The commissioner is to be returned under the simple majority system, unless there are three or more candidates.

(3) If there are three or more candidates—

(a) the commissioner is to be returned under the supplementary vote system, and

(b) any vote in the election is a supplementary vote.

(4) Schedule 9 (the supplementary vote system) has effect.

(5) In subsection (3), “supplementary vote” means a vote capable of being given to indicate first and second preferences from among the candidates.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I77 S. 57 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

58 Power to make provision about elections etc U.K.

(1) The Secretary of State [F41 or the [F42 Minister for the Cabinet Office]] may by order make provision as to—

(a) the conduct of elections of persons to be police and crime commissioners;

(b) the questioning of such an election and the consequences of irregularities.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a) about registration of electors;

(b) for disregarding alterations in a register of electors;

(c) about the registration or other recognition of political parties and other persons incurring expenditure in relation to elections of police and crime commissioners;

(d) about funding and expenditure, in relation to elections of police and crime commissioners, of candidates, political parties and other persons incurring such expenditure;

(e) for the combination of polls at elections of police and crime commissioners and other polls;

(f) for any election held in consequence of any irregularity at an ordinary election to be treated as held at an ordinary election for any of the purposes of this Act.

(3) An order under subsection (1) may—

(a) apply or incorporate, with or without modifications or exceptions, any relevant provision;

(b) modify any form contained in any relevant provision so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for police and crime commissioners;

(c) include provision creating criminal offences.

(4) Provision within paragraph (d) of subsection (2) includes, in particular—

(a) provision prohibiting, or imposing limitations on, funding or expenditure of any kind mentioned in that paragraph, and

(b) provision for treating funding or expenditure of any such kind which does not relate exclusively to an election of police and crime commissioners as being (or not being), wholly or partly, funding or expenditure in relation to which—

(i) any provision within paragraph (a) applies, or

(ii) any relevant provision applies.

(5) The Secretary of State [F43 or the [F44 Minister for the Cabinet Office]] may by order make modifications of any relevant provision that are consequential on any provision of—

(a) section 1(4),

(b) this Chapter,

(c) an order under subsection (1), or

(d) regulations under section 54.

F45 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Provision that may be made under subsection (5) includes, in particular, provision modifying any relevant provision so as to apply (with or without modifications)—

(a) in relation to elections for police and crime commissioners as it applies in relation to other elections;

(b) in relation to police and crime commissioners as it applies in relation to persons elected at other elections.

(7) In this section—

• “relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections;

• “modify” includes amend, repeal or revoke (and related terms are to be read accordingly).

Textual Amendments

F41 Words in s. 58(1) inserted (11.3.2014) by The Transfer of Functions (Elections) Order 2014 (S.I. 2014/268), arts. 1(2), 4(2)(a) (with art. 3)

F42 Words in s. 58(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(d) (with art. 12)

F43 Words in s. 58(5) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(b) (with art. 5(2))

F44 Words in s. 58(5) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(d) (with art. 12)

F45 S. 58(5A) omitted (12.8.2015) by virtue of The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(4) (with art. 5(2))

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C33 S. 58(1)(5)(c) functions to be exercisable concurrently (11.3.2014) by The Transfer of Functions (Elections) Order 2014 (S.I. 2014/268), arts. 1(2), 2 (with art. 3)

C34 S. 58 functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C35 S. 58(5)(a)(b)(d) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(c) (with arts. 3(3), 4)

Vacancy in office of police and crime commissioner E+W

59 Date of vacancy in office of commissioner E+W

(1) For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—

(a) in the case of a vacancy in consequence of the failure of, or other irregularity in relation to, an election, at the time specified in an order under section 58;

(b) in the case of resignation, on receipt of the notice of resignation by the appropriate officer;

(c) in the case of death, on the date of death;

(d) in any case within subsection (2), on the date on which the office of police and crime commissioner for the police area is declared to have been vacated by the High Court or by the appropriate officer, as the case may be.

(2) The cases referred to in subsection (1)(d) are—

(a) where the person elected as police and crime commissioner fails to make and deliver a declaration of acceptance of office in accordance with section 70;

(b) where a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months);

(c) where a person becomes disqualified—

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police area.

(3) The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.

(4) The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.

(5) Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I78 S. 59 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

60 Declaration of vacancy in certain cases E+W

(1) Subsection (2) applies where—

(a) a police and crime commissioner for a police area becomes disqualified (whether by virtue of this or any other Act)—

(i) from being a police and crime commissioner, or

(ii) from being the police and crime commissioner for the police area,

(b) the person elected as police and crime commissioner for a police area fails to make and deliver a declaration of acceptance of office in accordance with section 70, or

(c) a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months).

(2) The appropriate officer must forthwith declare the office of police and crime commissioner for that police area to be vacant, unless—

(a) it has been declared vacant by the High Court, or

(b) an application has been made to the High Court for a declaration under section 71 and the grounds in issue include any ground on which the appropriate officer would (but for this paragraph) make the declaration.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I79 S. 60 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

61 Resignation of commissioner E+W

(1) A police and crime commissioner may at any time resign office by giving notice to the appropriate officer.

(2) Any such resignation takes effect on the officer's receipt of the notice.

Modifications etc. (not altering text)

C23 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement Information

I80 S. 61 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

Vacancy or incapacity E+W

62 Appointment of acting commissioner E+W

(1) The police and crime panel for a police area must appoint a person to act as police and crime commissioner for that area (the “acting commissioner”) if—

(a) no person holds the office of police and crime commissioner for that area,

(b) the police and crime commissioner for that area is incapacitated, or

(c) the police and crime commissioner for that area is suspended in accordance with section 30.

(2) The police and crime panel may appoint a person as acting commissioner only if the person is a member of the police and crime commissioner's staff at the time of the appointment.

(3) In appointing a person as acting commissioner in a case where the police and crime commissioner is incapacitated, the police and crime panel must have regard to any representations made by the commissioner in relation to the appointment.

(4) All the functions of a police and crime commissioner are exercisable by an acting commissioner, apart from issuing or varying a police and crime plan under section 5.

(5) Any property or rights vested in the police and crime commissioner may be dealt with by the acting commissioner as if vested in the acting commissioner.

(6) The appointment of an acting commissioner ceases to have effect upon the occurrence of the earliest of these events—

(a) the election of a person as police and crime commissioner;

(b) the termination by the police and crime panel, or by the acting commissioner, of the appointment of the acting commissioner;

(c) in a case where the acting commissioner is appointed because the police and crime commissioner is incapacitated, the commissioner ceasing to be incapacitated;

(d) in a case where the acting commissioner is appointed because the police and crime commissioner is suspended, the commissioner ceasing to be suspended.

(7) In a case where—

(a) the acting commissioner is appointed because the police and crime commissioner is incapacitated or suspended, and

(b) a vacancy subsequently occurs in the office of police and crime commissioner,

the occurrence of that vacancy does not affect the appointment of the acting commissioner (and accordingly subsection (6)(c) or (d) does not apply).

(8) For the purposes of this section—

(a) a police and crime commissioner is incapacitated if the commissioner is unable to exercise the functions of commissioner, except where the commissioner is unable to exercise those functions only because the commissioner has yet to give a declaration of office under section 70; and

(b) it is for the police and crime panel for a police area to determine whether or not the police and crime commissioner for that area is incapacitated.

(9) Subject to subsection (4), a reference in any enactment to a police and crime commissioner includes a reference to an acting commissioner.

Modifications etc. (not altering text)

C36 S. 62 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 27

C37 S. 62(1) restricted (with application in accordance with art. 5(1) of the amending S.I.) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012 (S.I. 2012/2892), art. 5(5)

Commencement Information

I81 S. 62 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

63 Vacancy where acting commissioner acts for 6 months E+W

(1) Subsection (2) applies where—

(a) an acting commissioner is appointed under section 62 to act for the police and crime commissioner for a police area because the police and crime commissioner is incapacitated, and

(b) the police and crime commissioner does not cease to be incapacitated during the period of 6 months beginning with the day on which the acting commissioner is appointed.

(2) At the end of that 6 month period—

(a) the police and crime commissioner ceases to be police and crime commissioner, and

(b) accordingly, the office of police and crime commissioner for that police area becomes vacant.

Modifications etc. (not altering text)

C38 S. 63 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 28

Commencement Information

I82 S. 63 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

Disqualification E+W

64 Disqualification from election as police and crime commissioner E+W

(1) A person is disqualified from being elected to the office of police and crime commissioner for a police area [F46 in England] at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at the election, and

(b) on each relevant day, the person is registered in the register of local government electors for an electoral area in respect of an address in the police area.

[F47 (1A) A person is disqualified from being elected to the office of police and crime commissioner for a police area in Wales at any election unless—

(a) the person has attained the age of 18 when nominated as a candidate at the election, and

(b) on each relevant day subsection (1B) or (1C) applies.

(1B) This subsection applies if—

(a) the person is registered in a register of parliamentary electors in respect of an address within the police area, and

(b) the registration is not in pursuance of an overseas elector's declaration.

(1C) This subsection applies if—

(a) the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a relevant citizen of the Union, and

(b) the person is registered in a register of local government electors in respect of an address within the police area.]

(2) In this section “relevant day”, in relation to a person who is a candidate at an election, means—

(a) the day on which the person is nominated as a candidate at the election;

(b) the day of the poll at the election.

(3) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person has been nominated as a candidate for election as police and crime commissioner for any other police area at that election.

[F48 (3A) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person—

(a) has been nominated as a candidate for election as mayor for the area of a combined authority at an election to be held on the same day; and

(b) by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, the mayor would exercise functions of a police and crime commissioner in relation to the area.]

(4) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

(a) the person is police and crime commissioner for any other police area, or

(b) the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.

[F49 (4A) A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—

(a) the person is a mayor who, by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, exercises functions of a police and crime commissioner for the area of a combined authority; or

(b) the person has been nominated as a candidate for election as a mayor who, by virtue of such an order, would exercise such functions and the election would take place on the same day.]

Textual Amendments

F46 Words in s. 64(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F47 S. 64(1A)-(1C) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F48 S. 64(3A) inserted (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 10(3)(a)

F49 S. 64(4A) inserted (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 10(3)(b)

Modifications etc. (not altering text)

C39 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

C40 S. 64 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 29

Commencement Information

I83 S. 64 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

65 Disqualification from election or holding office as police and crime commissioner: police grounds E+W

(1) A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a) is disqualified from being a member of the House of Commons under section 1(1)(d) of the House of Commons Disqualification Act 1975 (members of police forces for police areas in the United Kingdom);

(b) is a member of—

(i) the British Transport Police Force;

(ii) the Civil Nuclear Constabulary;

(c) is a special constable appointed—

(i) under section 27 of the Police Act 1996 for a police area or the City of London police area;

(ii) under section 25 of the Railways and Transport Safety Act 2003 (British Transport Police Force);

(d) is a member of staff of the chief officer of police of any police force maintained for a police area;

(e) is a member of staff of—

(i) a police and crime commissioner;

(ii) the Mayor's Office for Policing and Crime;

(f) is the Mayor of London;

(g) is a member of the Common Council of the City of London or a member of staff of that Council in its capacity as a police authority;

(h) is a member (including a member who is chairman or chief executive), or member of staff, of—

(i) the British Transport Police Authority;

(ii) the Civil Nuclear Police Authority;

(iii) the [F50 Independent Office for Police Conduct];

(iv) the Serious Organised Crime Agency;

F51 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) any body mentioned in paragraph (h);

(iii) the chief officer of police for any police force maintained for a police area or the City of London police area;

(iv) the chief officer of police for any police force mentioned in paragraph (b).

[F52 (1A) Subsection (1)(e)(i) does not prevent a deputy police and crime commissioner—

(a) from being elected as police and crime commissioner at an ordinary election of police and crime commissioners;

(b) from being elected at an election held under section 51 to fill a vacancy in the office of police and crime commissioner if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as police and crime commissioner under section 62.]

(2) In this section, “member of staff”, in relation to any person (“A”), includes a person (“B”) who works for A—

(a) under a contract of employment,

(b) under a contract for services, or

(c) in accordance with arrangements made between B's employer and A;

and for this purpose B works for A if B provides services for A under the direction and control of A.

(3) In subsection (1)(i), the reference to an entity under the control of a local policing body or other body or a chief officer of police is to be construed in accordance with regulations made by the Secretary of State [F53 or the [F54 Minister for the Cabinet Office]].

(4) In its application in relation to the first election of a police and crime commissioner to be held for a police area, this section applies as if—

(a) for paragraphs (d) to (g) of subsection (1) there were substituted—

“(d) any member, or member of staff, of a police authority within the meaning of the Police Act 1996 (see section 101 of that Act);”, and

(b) for paragraph (i)(i) of that subsection there were substituted—

“(i) a police authority within the meaning of the Police Act 1996.”

Textual Amendments

F50 Words in s. 65 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 73(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F51 S. 65(1)(h)(v) omitted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 15, 61(2), Sch. 8 para. 184; S.I. 2013/1682, art. 3(u)(v)

F52 S. 65(1A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 122(1), 183(1), (5)(e) (with s. 122(2)); S.I. 2017/399, reg. 2, Sch. para. 30

F53 Words in s. 65(3) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(c) (with art. 5(2))

F54 Words in s. 65(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(e) (with art. 12)

Modifications etc. (not altering text)

C39 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

C41 S. 65 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 30

C42 S. 65(3) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(d) (with arts. 3(3), 4)

Commencement Information

I84 S. 65 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

66 Disqualification from election or holding office as police and crime commissioner: other grounds E+W

(1) A person is disqualified from being elected as, or being, a police and crime commissioner unless the person satisfies the citizenship condition (see section 68).

(2) A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a) is disqualified from being a member of the House of Commons under section 1(1)(a) to (c) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces), or

(b) is a member of the legislature of any country or territory outside the United Kingdom.

(3) A person is disqualified from being elected as, or being, a police and crime commissioner if—

(a) the person is the subject of—

(i) a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986;

(ii) an interim debt relief restrictions order under paragraph 5 of that Schedule;

(iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act;

(iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule;

(b) a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act;

(c) the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence); or

(d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).

(4) For the purpose of subsection (3)(c)—

(a) “imprisonable offence” means an offence—

(i) for which a person who has attained the age of 18 years may be sentenced to a term of imprisonment, or

(ii) for which, in the case of such a person, the sentence is fixed by law as life imprisonment;

(b) a person is to be treated as having been convicted—

(i) on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or

(ii) if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.

(5) A person is disqualified from being elected as, or being, police and crime commissioner for a police area if the person—

(a) is a member of staff of a relevant council, or

(b) holds any employment in an entity which is under the control of a relevant council within subsection (7)(a), (b), (c) or (f).

(6) For this purpose—

• “member of staff” has the same meaning as in section 65;

• “relevant council”, in relation to a police area, means a council within subsection (7) for an area which, or any part of which, lies within the police area.

(7) Those councils are—

(a) a county council;

(b) a county borough council;

(c) a district council;

(d) a parish council;

(e) a community council;

(f) the Council of the Isles of Scilly.

(8) In subsection (5)(b), the reference to an entity under the control of a relevant council is to be construed in accordance with regulations made by the Secretary of State [F55 or the [F56 Minister for the Cabinet Office]].

(9) Nothing in subsection (5) is to be taken to disqualify a person by virtue of being a teacher, or otherwise employed, in a school or other educational institution maintained or assisted by a relevant council.

[F57 (10) Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.

(11) A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—

(a) a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,

(b) a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or

(c) a fire and rescue authority created by an order under section 4A of that Act.]

[F58 (12) A person is disqualified from being elected as, or being, police and crime commissioner if the person—

(a) is the London Fire Commissioner, or

(b) is a member of the staff of the London Fire Commissioner.]

Textual Amendments

F55 Words in s. 66(8) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(d) (with art. 5(2))

F56 Words in s. 66(8) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(f) (with art. 12)

F57 S. 66(10)(11) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 90; S.I. 2017/399, reg. 2, Sch. para. 38

F58 S. 66(12) inserted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 117; S.I. 2018/227, reg. 4(c)

Modifications etc. (not altering text)

C39 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

C43 S. 66(8) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(e) (with arts. 3(3), 4)

Commencement Information

I85 S. 66 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

67 Disqualification of person holding office as police and crime commissioner E+W

A person becomes disqualified from being a police and crime commissioner upon becoming a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) the National Assembly for Wales;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

Modifications etc. (not altering text)

C39 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

Commencement Information

I86 S. 67 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

68 Citizenship condition E+W

(1) This section applies for the purposes of section 66.

(2) A person satisfies the citizenship condition if the person is—

(a) a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(c) a citizen of the Union.

(3) For the purposes of this section, a person is a qualifying Commonwealth citizen if the person is a Commonwealth citizen and—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is a person who requires such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4) But a person who does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases) is not a qualifying Commonwealth citizen by virtue of subsection (3)(a).

(5) In this section the expression “citizen of the Union” is to be construed in accordance with Article 20(1) of the Treaty on the Functioning of the European Union.

Modifications etc. (not altering text)

C39 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

Commencement Information

I87 S. 68 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

69 Validity of acts E+W

The acts of a person elected as police and crime commissioner for a police area under this Chapter who acts in that office are, despite any disqualification—

(a) from being, or being elected as, a police and crime commissioner, or

(b) from being, or being elected as police and crime commissioner for that area,

as valid and effectual as if the person had not been so disqualified.

Modifications etc. (not altering text)

C44 S. 69 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(c)

Commencement Information

I88 S. 69 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

Elections: further provision E+W

70 Declaration of acceptance of office of police and crime commissioner E+W

(1) A person elected to the office of police and crime commissioner for any police area may not act in that office unless the person has—

(a) made a declaration of acceptance of the office in a form specified in an order made by the Secretary of State [F59 or the [F60 Minister for the Cabinet Office]], and

(b) delivered the declaration to the appropriate officer,

in each case, when not ineligible by virtue of subsection (5).

(2) If the person fails to make and deliver a declaration in accordance with subsection (1) within the period of two months beginning with the day after the election, the office of police and crime commissioner for that area becomes vacant at the end of the period.

(3) Any declaration made under this section must be made before—

(a) the appropriate officer;

(b) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man, or

(c) a commissioner appointed to administer oaths in the Senior Courts.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.

(5) A person is ineligible to make or give a declaration of acceptance of office under this section in respect of the office of police and crime commissioner for a police area at any time when the person is a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

(c) the National Assembly for Wales;

(d) the Northern Ireland Assembly;

(e) the European Parliament.

(6) No salary, and no payment towards the provision of superannuation benefits, is to be paid under this Act to or in respect of a police and crime commissioner until the commissioner has complied with the requirements of subsection (1).

(7) Subsection (6) does not affect any entitlement of a police and crime commissioner to payments in respect of the period before the commissioner complies with the requirements of subsection (1) once the commissioner has complied with those requirements.

Textual Amendments

F59 Words in s. 70(1)(a) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(e) (with art. 5(2))

F60 Words in s. 70(1)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(g) (with art. 12)

Modifications etc. (not altering text)

C45 S. 70 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 31

C46 S. 70(1)(a) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(f) (with arts. 3(3), 4)

Commencement Information

I89 S. 70 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

71 Judicial proceedings as to disqualification or vacancy E+W

(1) Any person who claims that a person purporting to be a police and crime commissioner for a police area is, or at any time since being elected has been, disqualified—

(a) from being a police and crime commissioner; or

(b) from being police and crime commissioner for the police area,

may apply to the High Court for a declaration to that effect, and that accordingly the office of police and crime commissioner for the area is vacant.

(2) An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was elected or to have arisen subsequently.

(3) No declaration may be made under this section in respect of any person on grounds which subsisted when the person was elected, if an election petition under an order under section 58 is pending or has been tried in which the person's disqualification on those grounds is or was in issue.

(4) Any person who claims that a person purporting to be a police and crime commissioner for a police area has ceased to be the police and crime commissioner for the police area by virtue of—

(a) section 63, or

(b) section 70,

may apply to the High Court for a declaration to that effect.

(5) On an application under this section—

(a) the person in respect of whom the application is made is to be the respondent, and

(b) the applicant must give such security for the costs of the proceedings as the court may direct.

(6) The amount of the security may not exceed £5,000 or such other sum as the Secretary of State [F61 or the [F62 Minister for the Cabinet Office]] may specify by order.

(7) The decision of the court on an application under this section is final.

Textual Amendments

F61 Words in s. 71(6) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(f)

F62 Words in s. 71(6) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(h) (with art. 12)

Modifications etc. (not altering text)

C47 Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)

C48 S. 71(6) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(g) (with art. 4)

Commencement Information

I90 S. 71 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

72 Amendment of police areas: term of office of commissioner E+W

(1) Subsection (2) applies where a person becomes police and crime commissioner for a resulting police area by virtue of, or of an election required to be held by, a police area alteration order.

(2) The person's term of office as police and crime commissioner ends at the time when it would end had the person been elected as police and crime commissioner at the previous ordinary election of commissioners in England or, as the case may be, Wales.

(3) In this section—

• “police area alteration order” means—

  (a)

  an order under section 32 of the Police Act 1996 (power to alter police areas by order);

  (b)

  an order under section 10 of the Local Government and Public Involvement in Health Act 2007 (implementation of Boundary Committee for England review of local government areas) which alters the boundary of any police area in England;

  (c)

  [F63 an order under section 45 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (recommendations for changes to police areas) which alters the boundary of any police area in Wales;]

• “resulting police area”, in relation to a police area alteration order, means a police area existing immediately after the order comes into force—

  (a)

  which is created by the order, or

  (b)

  any part of whose boundary results from the order.

(4) References in this section to the coming into force of a police area alteration order are references to the changes in police areas made by the order taking effect.

Textual Amendments

F63 S. 72(3)(c) substituted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 1 para. 5

Modifications etc. (not altering text)

C47 Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)

Commencement Information

I91 S. 72 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

73 Computation of time and timing of elections etc E+W

(1) Subsection (2) applies where the day, or the last day, on which anything is required or permitted to be done by or under section 50, 51 or 70 is not a business day.

(2) The requirement or permission is deemed to relate instead to the first business day after that day.

(3) Where under subsection (2) the day of an election is postponed, the day to which it is postponed is to be treated as the day of election for the purpose of—

(a) any provision of, or made under, this Act, or

(b) any relevant provision (within the meaning of section 58).

(4) Any day which is not a business day is to be disregarded in computing any period of time for the purpose of section 51.

(5) In this section, “business day” means a day other than—

• a Saturday,

• a Sunday,

• Christmas Eve,

• Christmas Day,

• Good Friday,

• a bank holiday, or

• a day appointed for public thanksgiving or mourning.

Modifications etc. (not altering text)

C47 Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)

Commencement Information

I92 S. 73 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

74 Elections: consequential amendments E+W

Schedule 10 (consequential amendments relating to elections of persons as police and crime commissioners) has effect.

Modifications etc. (not altering text)

C47 Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)

Commencement Information

I93 S. 74 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

75 The appropriate officer E+W

(1) For each police area, other than the metropolitan police district, the Secretary of State [F64 or the [F65 Minister for the Cabinet Office]] must by order designate a local authority.

(2) In this Chapter, the “appropriate officer”, in relation to any such police area, means the head of paid service of the local authority designated for that police area.

(3) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for a county in which there are no district councils,

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “head of paid service”, in relation to a council, means the person designated by the council under section 4(1)(a) of the Local Government Act 1989.

Textual Amendments

F64 Words in s. 75(1) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(2)(g)

F65 Words in s. 75(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(i) (with art. 12)

Modifications etc. (not altering text)

C47 Ss. 71-75 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(d)

C49 S. 75(1) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(h) (with art. 4)

Commencement Information

I94 S. 75 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

76 Interpretation of Chapter 6 E+W

In this Chapter, the following terms have the following meanings, unless the context otherwise requires—

• “appropriate officer” has the meaning given by section 75;

• “elector”—

  (a)

  in relation to an election of a police and crime commissioner, means a person entitled to vote at the election;

  (b)

  in relation to a local government election, has the same meaning as in the Representation of the People Act 1983 (see section 202 of that Act);

• “electoral area” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);

• “local government election” has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);

• “local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

• “ordinary election” has the meaning given in section 50;

• “police area returning officer” has the meaning given by section 54.

Commencement Information

I95 S. 76 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

CHAPTER 7 E+W Other provisions relating to policing and crime and disorder

Requirement for national policing capabilities E+W

77 The strategic policing requirement E+W

(1) For section 37A of the Police Act 1996 (setting of strategic priorities for police authorities), substitute—

“37A The strategic policing requirement

(1) The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—

(a) national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those national threats.

(2) A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3) Before issuing the strategic policing requirement, the Secretary of State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii) such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks fit.

(4) The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5) References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways to counter that threat, or

(c) to exercise one or more functions in accordance with common operational standards to counter that threat.

(6) In this section—

• “England and Wales police force” means—

  (a)

  a police force maintained under section 2,

  (b)

  the metropolitan police force, and

  (c)

  the City of London police force;

• “national threat” means a threat (whether actual or prospective) which is—

  (a)

  a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or

  (b)

  a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.”.

Commencement Information

I96 S. 77 in force at 25.4.2012 by S.I. 2012/1129, art. 2(c)

Duties and powers of Secretary of State E+W

78 General duty of Secretary of State E+W

The Secretary of State must exercise the powers conferred by this Part in such manner and to such extent as appears to the Secretary of State to be best calculated to promote the efficiency and effectiveness of the police.

Commencement Information

I97 S. 78 in force at 15.11.2011 by S.I. 2011/2515, art. 3(a)

79 Policing protocol E+W

(1) The Secretary of State must issue a policing protocol.

(2) Each relevant person must have regard to the policing protocol in exercising the person's functions.

(3) The Secretary of State may at any time—

(a) vary the policing protocol, or

(b) replace the policing protocol.

(4) Before varying or replacing the policing protocol, the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of elected local policing bodies,

(b) such persons as appear to the Secretary of State to represent the views of chief officers of police of police forces maintained by elected local policing bodies,

(c) such persons as appear to the Secretary of State to represent the views of police and crime panels, and

(d) such other persons as the Secretary of State thinks fit.

(5) The functions of the Secretary of State under subsections (1) and (3) are exercisable by order.

(6) In this section—

• “police and crime panel” means—

  (a)

  each police and crime panel established in accordance with Schedule 6 (police areas outside London);

  (b)

  the London Assembly's police and crime panel (see section 32);

• “policing protocol” means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State's view) exercise, or refrain from exercising, functions so as to—

  (a)

  encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or

  (b)

  limit or prevent the overlapping or conflicting exercise of functions;

• “relevant persons” means—

  (a)

  the Secretary of State in the exercise of policing functions;

  (b)

  each elected local policing body;

  (c)

  the chief officer of each police force maintained by an elected local policing body;

  (d)

  police and crime panels.

Commencement Information

I98 S. 79(1)(3)-(6) in force at 31.10.2011 by S.I. 2011/2515, art. 2(b)

I99 S. 79(2) in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I100 S. 79(2) in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

80 Obtaining advice from representative bodies E+W

(1) The Secretary of State may, in connection with the exercise by the Secretary of State of any function relating to the police or policing, require a representative body to give the Secretary of State advice on any matter.

(2) A requirement under subsection (1) may specify the period within which the advice is to be given.

(3) A representative body must comply with a requirement under subsection (1).

(4) In a case where—

(a) the Secretary of State makes such a request, and

(b) the representative body gives the advice (and, where applicable, does so within the period specified),

the Secretary of State must have regard to the advice in that exercise of that function.

(5) In this section “representative body” means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.

Commencement Information

I101 S. 80 in force at 15.11.2011 by S.I. 2011/2515, art. 3(b)

81 Abolition of certain powers of Secretary of State E+W

In the Police Act 1996, omit—

(a) section 38 (performance targets for police strategic priorities);

(b) section 39 (codes of practice for police authorities);

(c) section 43 (reports from police authorities to Secretary of State).

Commencement Information

I102 S. 81(a) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

I103 S. 81(b)(c) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(2))

82 Suspension and removal of senior police officers E+W

(1) The Police Act 1996 is amended as follows.

(2) Section 42 (removal of chief constables etc) is amended in accordance with subsections (3) to (11).

(3) For the title substitute “ Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner ”.

(4) For subsections (1) to (1B) substitute—

“(1) The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.

(1A) The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.”.

(5) In subsection (2), for the words before paragraph (a) substitute—

“(2) Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—”.

(6) In subsection (2A), for the words from “notice” (in the second place) to the end substitute “ notice to the Mayor's Office for Policing and Crime. ”.

(7) In subsection (3A)—

(a) in paragraph (a), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”;

(b) in paragraph (b), for the words from “Metropolitan” to “concerned” substitute “ Mayor's Office for Policing and Crime ”.

(8) In subsection (3B), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”.

(9) In subsection (4), for the words from “, the Deputy” to “constable” substitute “ or Deputy Commissioner ”.

(10) For subsection (4A) substitute—

“(4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—

(a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and

(b) section 48(5) of the 2011 Act does not apply.”.

(11) Omit subsection (4C).

(12) In section 50 (regulations for police forces), after subsection (2) insert—

“(2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—

(a) powers of suspension, or

(b) powers of removal,

(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).

(2B) In subsection (2A)—

• “power of removal” means—

  (a)

  the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;

• “power of suspension” means—

  (a)

  the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;

  (b)

  the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;

and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.”.

Commencement Information

I104 S. 82(1)(12) in force at 15.12.2011 by S.I. 2011/3019, art. 2(c)

I105 S. 82(1)-(11) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 9(3))

Her Majesty's inspectors of constabulary E+W

83 Functions of HMIC E+W

(1) Section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary) is amended as follows.

(2) In subsection (2) omit “to the Secretary of State”.

(3) Omit subsection (2A).

(4) After subsection (2B) insert—

“(2BA) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

(2BB) Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.”.

(5) Omit subsection (2C).

(6) In subsection (4)—

(a) for “in such form as the Secretary of State may direct” substitute “ on the carrying out of inspections under this section ”, and

(b) for “Secretary of State” (in the third place) substitute “ chief inspector ”.

(7) After subsection (4) insert—

“(4A) A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.”.

Commencement Information

I106 S. 83(1)(2)(4)-(7) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I107 S. 83(3) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

84 HMIC reports: publication E+W

(1) Section 55 of the Police Act 1996 (publication of reports) is amended as follows.

(2) For subsection (1) substitute—

“(1) The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.”.

(3) For subsection (2) substitute—

“(2) But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—

(a) would be against the interests of national security, or

(b) might jeopardise the safety of any person.

(2A) The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).”.

(4) For subsection (3) substitute—

“(3) The inspectors of constabulary must send a copy of the published report to—

(a) the Secretary of State,

(b) the local policing body maintaining the police force to which the report relates,

(c) the chief officer of police of that police force, and

(d) any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.”.

(5) In subsection (4)—

(a) for “police authority” substitute “ local policing body ”, and

(b) for “authority” substitute “ body ”.

(6) In subsection (5)—

(a) for “police authority” substitute “ local policing body ”, and

(b) in paragraph (c) and in the words following that paragraph, for “authority” substitute “ body ”.

(7) In subsection (6) for “police authority” substitute “ local policing body ”.

(8) Omit subsection (8).

Commencement Information

I108 S. 84 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

85 Inspection programmes and frameworks E+W

(1) Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about HMIC) is amended as follows.

(2) In sub-paragraph (1) omit “, or at such times as the Secretary of State may specify by order,”.

(3) In sub-paragraph (2) for “each of those persons or bodies” substitute “ the Secretary of State ”.

(4) After sub-paragraph (2) insert—

“(2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and

(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).”.

(5) In sub-paragraph (3)—

(a) before “to send” insert “ under sub-paragraph (2A)(c) ”, and

(b) for “that sub-paragraph” substitute “ sub-paragraph (2) ”.

(6) Omit sub-paragraph (4).

(7) Before sub-paragraph (5) insert—

“(4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.

(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—

(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and

(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.”.

Commencement Information

I109 S. 85 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

F66 86 Powers in connection with HMIC inspections E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 S. 86 omitted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 36(2), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

87 HMIC and freedom of information E+W

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.”.

Commencement Information

I110 S. 87 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

Community safety partnerships E+W

88 Crime and disorder strategies E+W

Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and Disorder Act 1998 in relation to the formulation and implementation of crime and disorder strategies) has effect.

Commencement Information

I111 S. 88 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I112 S. 88 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

Policing in England and Wales E+W

89 Collaboration agreements E+W

(1) The Police Act 1996 is amended in accordance with subsections (2) and (3).

(2) After section 22 insert—

“22A Collaboration agreements

(1) A collaboration agreement may be made by—

(a) two or more policing bodies; or

(b) the chief officers of police of one or more police forces and two or more policing bodies.

(2) A collaboration agreement is an agreement containing one or more of the following—

(a) provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b) provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c) provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3) A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a) the chief officer of police of each police force to which the provision relates, and

(b) the policing body that is responsible for maintaining each such police force.

(4) A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5) A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a) the policing body, or each policing body, to which the provision relates;

(b) the chief officer of police of the police force, or each police force, to which the provision relates; and

(c) the policing body that is responsible for maintaining each such police force.

(6) Subsection (1) does not prevent other persons from being parties to collaboration agreements.

(7) Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8) For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by members of that police force, or

(b) to the police area for which that police force is established.

(9) For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b) to the police area for which that policing body is established.

22B Duty of chief officers to keep collaboration agreements under review

(1) The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a) that police force, and

(b) one or more other police forces.

(2) If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the chief officer, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7) In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

22C Duty of policing bodies to keep collaboration agreements under review

(1) A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a) the efficiency or effectiveness of—

(i) that policing body,

(ii) the police force which that policing body is responsible for maintaining, or

(iii) that body and that force, and

(b) the efficiency or effectiveness of one or more other policing bodies and police forces.

(2) If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the policing body, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7) In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).”.

(3) After section 23F insert—

“23FA Police functions that must be the subject of force collaboration provision

(1) The Secretary of State may, by order, require a specified police function to be exercised in relation to—

(a) all police areas, or

(b) all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2) An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—

(a) a single collaboration agreement which relates to all of those police areas, or

(b) a number of collaboration agreements which, between them, relate to all of those police areas.

(3) Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.

(4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6) In this section “specified” means specified in an order under this section.”.

(4) Schedule 12 (collaboration agreements) has effect.

Commencement Information

I113 S. 89 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

90 Police powers for civilian employees under collaboration agreements E+W

Schedule 13 (police powers for civilian employees under collaboration agreements) has effect.

Commencement Information

I114 S. 90 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

91 Power to give directions E+W

(1) The Police Act 1996 is amended as follows.

(2) In section 40 (powers to give directions in relation to police force), for “police authority” (in each place) substitute “ local policing body ”.

(3) In section 40A (powers to give directions in relation to police authority)—

(a) for “police authority” (in each place, including in the title) substitute “ local policing body ”;

(b) for “the authority” substitute “ the local policing body ”.

(4) In section 40B (procedure for directions under section 40 or 40A)—

(a) for subsection (2)(a) substitute—

“(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;”;

(b) in subsection (5), for “police authority” substitute “ local policing body ”.

Commencement Information

I115 S. 91 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 3)

92 Provision of information by chief officers of police E+W

In the Police Act 1996, for section 44 (reports from chief constables) and section 45 (criminal statistics) substitute—

“44 Provision of information by chief officers of police

(1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—

(a) the policing of the police area for which that police force is maintained, or

(b) the discharge of the national or international functions of that police force.

(2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—

(a) the policing of that police area, or

(b) the discharge of the national or international functions of the police force for that area.

(3) A requirement under subsection (1) may specify the form in which information is to be provided.

(4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).

(5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.”.

Commencement Information

I116 S. 92 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

93 Regulations about provision of equipment E+W

(1) Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

(2) In the title, after “standard” insert “ and provision ”.

(3) After subsection (1A) insert—

“(1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.

(1AB) The regulations may, in particular—

(a) make provision about the nature or terms of such arrangements, or

(b) prescribe arrangements which may be, or must be, used.”

(4) In subsection (1B), after “subsection (1A)” insert “ or (1AA) ”.

(5) In subsection (2), for paragraph (a) substitute—

“(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;”.

Commencement Information

I117 S. 93 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 4)

94 National and international functions E+W

(1) Section 96A of the Police Act 1996 (national and international functions of the metropolitan police) is amended in accordance with subsections (2) to (6).

(2) In the title, after “police” insert “ force and other police forces ”.

(3) For subsection (1) substitute—

“(1) The Secretary of State and the Mayor's Office for Policing and Crime may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.

(1A) The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions.

(1B) The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions.”.

(4) In subsection (2)—

(a) for “the metropolitan police force” substitute “ a police force ”;

(b) for “Metropolitan Police Authority” substitute “ local policing body ”.

(5) In subsection (3), for “The Metropolitan Police Authority” substitute “ A local policing body ”.

(6) Omit subsection (4).

(7) Omit section 96B of the Police Act 1996 (national and international functions: application of requirements relating to reports etc).

Commencement Information

I118 S. 94 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 5)

Police: complaints E+W

95 Police: complaints E+W

Schedule 14 (police: complaints) has effect.

Commencement Information

I119 S. 95 in force at 15.11.2011 for specified purposes by S.I. 2011/2515, art. 3(c)

I120 S. 95 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I121 S. 95 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

CHAPTER 8 E+W+S Miscellaneous provisions

96 Interpretation of Police Act 1996 E+W

(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “City of London police area” insert—

““Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area;

“elected local policing body” means—

(a) a police and crime commissioner;

(b) the Mayor's Office for Policing and Crime;

“local policing body” means—

(a) a police and crime commissioner (in relation to a police area listed in Schedule 1);

(b) the Mayor's Office for Policing and Crime (in relation to the metropolitan police district);

(c) the Common Council (in relation to the City of London police area);

“Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;”;

(b) after the definition of “metropolitan police district” insert—

““national or international functions” means functions relating to—

(a) the protection of prominent persons or their residences,

(b) national security,

(c) counter-terrorism, or

(d) the provision of services for any other national or international purpose;

“police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;”;

(c) omit the definition of “police authority”;

(d) in the definition of “police force”, for “police authority” substitute “ local policing body ”;

(e) in the definition of “police fund”, for paragraph (a) substitute—

“(a) in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011;”.

(3) After subsection (2) insert—

“(3) References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.”.

Commencement Information

I122 S. 96 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1 (with art. 10(2))

I123 S. 96 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

97 Amendments of the Interpretation Act 1978 E+W

(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is amended as follows.

(2) After the entry for “Local land charges register” insert—

““Local policing body” has the meaning given by section 101(1) of the Police Act 1996.”.

(3) After the entry for “Person” insert—

““Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.”.

(4) In the entry that begins “Police area”, omit “, police authority”.

(5) After the entry that begins “Police Area” insert—

““Police authority”, in relation to Scotland, has the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967.”.

Commencement Information

I124 S. 97(1)(2)(4)(5) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

I125 S. 97(3) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

98 Police reform: transitional provision E+W+S

Schedule 15 (police reform: transitional provision) has effect.

Commencement Information

I126 S. 98 in force at 31.10.2011 for specified purposes by S.I. 2011/2515, art. 2(c)

I127 S. 98 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I128 S. 98 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

99 Police reform: minor and consequential amendments E+W

Schedule 16 (police reform: minor and consequential amendments) has effect.

Commencement Information

I129 S. 99 in force at 16.1.2012 for specified purposes by S.I. 2011/3019, art. 3, Sch. 1

I130 S. 99 in force at 22.11.2012 in so far as not already in force by S.I. 2012/2892, art. 2(a)

100 Guidance E+W

Any guidance under this Part—

(a) must be in writing;

(b) may be varied or revoked by further guidance;

(c) may be given to one or more particular persons, or generally;

(d) may make provision generally or in relation to specific cases; and

(e) may make different provision for different cases.

Commencement Information

I131 S. 100 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

101 Crime and disorder reduction E+W

(1) A reference to crime and disorder reduction is a reference to—

(a) reduction of crime and disorder (including anti-social and other behaviour adversely affecting the local environment),

(b) combating the misuse of drugs, alcohol and other substances, and

(c) reduction of re-offending.

(2) In this section “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.

(3) This section applies for the purposes of this Part.

Commencement Information

I132 S. 101 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1

102 Interpretation of Part 1 E+W

(1) In this Part (unless otherwise specified)—

• “chief executive” means—

  (a)

  in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;

  (b)

  in relation to the Mayor's Office for Policing and Crime, the chief executive appointed by the Office under Schedule 3;

• “chief finance officer” means—

  (a)

  in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1;

  (b)

  in relation to the chief constable of a police force to which Chapter 1 applies, the chief finance officer appointed by the chief constable under Schedule 2;

  (c)

  in relation to the Mayor's Office for Policing and Crime, the chief finance officer appointed by the Office under Schedule 3;

  (d)

  in relation to the Commissioner of Police of the Metropolis, the chief finance officer appointed by the Commissioner under Schedule 4;

• “chief officer of police” means—

  (a)

  in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force;

  (b)

  in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;

• “crime and disorder reduction” has the meaning given in section 101;

• “elected local policing body” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area;

  (b)

  in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;

• “national or international functions” means functions relating to—

  (a)

  the protection of prominent persons or their residences,

  (b)

  national security,

  (c)

  counter-terrorism, or

  (d)

  the provision of services for any other national or international purpose;

• [F67 “overseas elector's declaration” has the meaning given by section 2 of the Representation of the People Act 1985;]

• “police and crime panel” means—

  (a)

  in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime panel referred to in subsection (1) of section 28;

  (b)

  in relation to the metropolitan police district, the committee established under section 32;

• “police and crime plan” has the meaning given in section 7;

• “police area” means—

  (a)

  a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and

  (b)

  the metropolitan police district;

• “relevant chief officer of police”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the chief officer of police of the police force for that area;

• [F67 “relevant citizen of the Union” has the meaning given by section 202(1) of the Representation of the People Act 1983;]

• “relevant elected local policing body”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the police and crime panel for a police area,

  means the elected local policing body for that area;

• “relevant police and crime panel”, in relation to—

  (a)

  a police area,

  (b)

  the police force for a police area,

  (c)

  the chief officer of police of the police force for a police area, or

  (d)

  the elected local policing body for a police area,

  means the police and crime panel for that area;

• “relevant police force”, in relation to—

  (a)

  a police area,

  (b)

  a chief officer of police of the police force for a police area,

  (c)

  the elected local policing body for a police area, or

  (d)

  the police and crime panel for a police area,

  means the police force for that area.

(2) References in this Part to a police and crime commissioner's area are references to the police area for which the commissioner is established.

(3) References in this Part to a police and crime commissioner's staff are references to the following persons appointed under Schedule 1—

(a) the commissioner's chief executive;

(b) the commissioner's chief finance officer; and

(c) other staff;

and to the person (if any) appointed as the deputy police and crime commissioner under section 18.

(4) References in this Part to a police force's civilian staff are (except in the case of the metropolitan police force) references to—

(a) the chief finance officer appointed by the chief constable of the force under paragraph 4 of Schedule 2, and

(b) the other staff appointed by that chief constable under that Schedule.

(5) References in this Part to the staff of the Mayor's Office for Policing and Crime are references to—

(a) the Office's chief finance officer appointed under section 127(2) of the Greater London Authority Act 1999;

(b) the Office's chief executive appointed under Schedule 3;

(c) other staff appointed under Schedule 3; and

(d) the person (if any) appointed under section 19 as the Deputy Mayor for Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member)).

(6) References in this Part to the metropolitan police force's civilian staff are references to—

(a) the chief finance officer appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4, and

(b) the other staff appointed by the Commissioner under that Schedule.

Textual Amendments

F67 Words in s. 102(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(12), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C50 S. 102(3) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(e)

C51 S. 102(4) modified (with application in accordance with art. 5(1) of the amending S.I.) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012 (S.I. 2012/2892), art. 5(2)

Commencement Information

I133 S. 102(1)(4)(5)(6) in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with arts. 7(2), 10(3))

I134 S. 102(2)(3) in force at 22.11.2012 by S.I. 2012/2892, art. 2(a)

Part 2 E+W Licensing

CHAPTER 1 E+W Amendments of the Licensing Act 2003

Responsible authorities E+W

103 Licensing authorities as responsible authorities E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 13(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,”, and

(b) omit paragraph (g).

(3) In section 69(4) (responsible authorities)—

(a) before paragraph (a) insert—

“(za) the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,”, and

(b) omit paragraph (g).

(4) The amendments made by this section apply in relation to—

(a) applications relating to premises licences or club premises certificates that are made on or after the commencement of this section, and

(b) notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.

Commencement Information

I135 S. 103 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

104 Primary Care Trusts and Local Health Boards as responsible authorities E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) In section 5(3) (statement of licensing policy), after paragraph (b) insert—

“(ba) each Primary Care Trust or Local Health Board for an area any part of which is in the licensing authority's area,”.

(3) In section 13(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—

“(ba) the Primary Care Trust or Local Health Board for any area in which the premises are situated,”.

(4) In section 69(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—

“(ba) the Primary Care Trust or Local Health Board for any area in which the premises are situated,”.

(5) The amendments made by this section apply in relation to—

(a) applications relating to premises licences or club premises certificates that are made on or after the commencement of this section, and

(b) notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after that commencement.

Commencement Information

I136 S. 104 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Removing the vicinity test E+W

105 Premises licences: who may make relevant representations E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (9).

(2) In section 13 (authorised persons, interested parties and responsible authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit “ “interested party”,”, and

(c) omit subsection (3).

(3) In section 17(5) (application for premises licence)—

(a) in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,

(b) after paragraph (a) insert—

“(aa) require the relevant licensing authority to advertise the application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and”

(c) in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.

(4) In section 18(7) (determination of application for premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(5) In section 31(6) (determination of application for provisional statement)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(6) In section 35(6) (determination of application to vary premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(7) In section 41B(2)(b)(ii) (determination of application for minor variation of premises licence), for “an interested party” substitute “ any other person ”.

(8) In section 41D(6) (variation of premises licence: supply of alcohol from community premises), for paragraph (b) substitute—

“(b) subsection (6)(c) were omitted.”.

(9) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 3”.

(10) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (1).

(11) The amendments made by this section apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

Commencement Information

I137 S. 105(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(a)

I138 S. 105(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I139 S. 105(2) (4)-(11) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

106 Premises licences: who may apply for review E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) In section 51 (application for review of premises licences)—

(a) in subsection (1), for “an interested party or a responsible authority” substitute “ a responsible authority or any other person ”, and

(b) in subsection (3)—

(i) in paragraph (b), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”, and

(ii) in paragraph (c), for “interested party” substitute “ other person ”.

(3) In section 52(8) (determination of application for review of premises licence)—

(a) in paragraph (a)(i), for “an interested party” substitute “ any other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(4) In section 53A(3) (summary reviews on application of senior police officer)—

(a) in paragraph (c), for “interested parties” substitute “ other persons ”, and

(b) in paragraph (e), for “interested party” substitute “ other person ”.

(5) In section 53C(8) (review of premises licence following summary review notice)—

(a) in paragraph (a), for “an interested party” substitute “ any other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(6) In section 167 (review of premises licence following closure order)—

(a) in subsection (4)(b), for “interested parties” substitute “ other persons ”,

(b) in subsection (4)(c), for “interested party” substitute “ other person ”,

(c) in subsection (10)(a), for “an interested party” substitute “ any other person ”,

(d) in subsection (10)(c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”, and

(e) in subsection (14), for “ “interested party” and “responsible authority” have” substitute “ “responsible authority” has”.

(7) The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.

Commencement Information

I140 S. 106(1)(2)(4)(6) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(b)

I141 S. 106(1)(2)(4)(6) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I142 S. 106(3)(5)(7) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

107 Club premises certificates: who may make relevant representations E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (7).

(2) In section 69 (authorised persons, interested parties and responsible authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit “ “interested party”,”, and

(c) omit subsection (3).

(3) In section 71(6) (application for club premises certificate)—

(a) in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,

(b) after paragraph (a) insert—

“(aa) require the relevant licensing authority to advertise the application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and”

(c) in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.

(4) In section 72(8) (determination of application for club premises certificate)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(5) In section 85(6) (determination of application to vary club premises certificate)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(6) In section 86B(2)(b)(ii) (determination of application for minor variation of club premises certificate), for “an interested party” substitute “ any other person ”.

(7) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 4”.

(8) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (2).

(9) The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

Commencement Information

I143 S. 107(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(c)

I144 S. 107(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I145 S. 107(2) (4)-(9) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

108 Club premises certificates: who may apply for review E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) In section 87 (application for review of club premises certificate), for subsection (1) substitute—

“(1) Where a club holds a club premises certificate, a responsible authority or any other person may apply to the relevant licensing authority for a review of the certificate.”.

(3) In section 87(3) (application for review of club premises certificate)—

(a) in paragraph (b), after “to the authority” insert “ by the club, responsible authorities and other persons ”, and

(b) in paragraph (c), for “interested party” substitute “ other person ”.

(4) In section 88(8) (determination of application for review of club premises certificate)—

(a) in paragraph (a), for “an interested party” substitute “ any other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(5) The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.

Commencement Information

I146 S. 108(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(d)

I147 S. 108(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I148 S. 108(2)(4)(5) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Reducing the evidential burden on licensing authorities E+W

109 Reducing the burden: premises licences E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (14).

(2) In section 18 (determination of application for premises licence)—

(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and

(b) in subsection (4)(a)(i), for “necessary” substitute “ appropriate ”.

(3) In section 22(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.

(4) In section 25A(6) (grant of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.

(5) In section 31 (determination of application for provisional statement)—

(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and

(b) in subsection (3)(c)(ii), for “necessary” substitute “ appropriate ”.

(6) In section 35(3)(b) (determination of application to vary premises licence), for “necessary” substitute “ appropriate ”.

(7) In section 39(3)(b) (determination of application to vary premises licence to specify premises supervisor), for “necessary” substitute “ appropriate ”.

(8) In section 41D(5) (variation of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.

F68 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In section 52(3) (determination of application for review of premises licence), for “necessary” substitute “ appropriate ”.

(12) In section 53B(8)(a) (supplementary provision about review of premises licence), for “necessary” substitute “ appropriate ”.

(13) In section 53C(2)(b) (review of premises licence following review notice), for “necessary” substitute “ appropriate ”.

(14) In section 177(5) (dancing and live music in certain small premises), for “necessary” substitute “ appropriate ”.

(15) The amendments made by this section (other than subsection (10)) apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

(16) The amendment made by subsection (10) of this section applies in relation to interim authority notices that are given on or after the commencement of this section.

Textual Amendments

F68 S. 109(9) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 32; S.I. 2017/380, reg. 2(b)

F69 S. 109(10) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 32; S.I. 2017/380, reg. 2(b)

Commencement Information

I149 S. 109 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

110 Reducing the burden: club premises certificates E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 72 (determination of application for club premises certificate)—

(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and

(b) in subsection (4)(a)(i), for “necessary” substitute “ appropriate ”.

(3) In section 76(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.

(4) In section 85(3)(b) (determination of application to vary club premises certificate), for “necessary” substitute “ appropriate ”.

(5) In section 88(3) (determination of application for review of club premises certificate), for “necessary” substitute “ appropriate ”.

(6) The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.

Commencement Information

I150 S. 110 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

111 Reducing the burden: other situations E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) In section 105(2)(b) (counter notice following police objection), for “necessary” substitute “ appropriate ”.

F70 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 167(5)(b) (review of premises licence following closure order), for “necessary” substitute “ appropriate ”.

(7) The amendment made by subsection (2) of this section applies in relation to temporary event notices that are given on or after the commencement of this section.

(8) The amendments made by subsections (3) to (5) of this section apply in relation to applications relating to personal licences that are made on or after the commencement of this section.

(9) The amendment made by subsection (6) of this section applies in relation to notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.

Textual Amendments

F70 S. 111(3) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 32; S.I. 2017/380, reg. 2(b)

F71 S. 111(4) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 15 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F72 S. 111(5) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 32; S.I. 2017/380, reg. 2(b)

Commencement Information

I151 S. 111 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Temporary event notices E+W

112 Temporary event notices: who may make an objection E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (13).

(2) After section 99, insert—

“99A Meaning of “relevant person”

In this Part references to a “relevant person”, in relation to any premises, are references to the following—

(a) the chief officer of police for any police area in which the premises are situated,

(b) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.”.

(3) In the cross-heading before section 104, for “Police objections” substitute “ Objections ”.

(4) In the title to section 104 (objection to notice), for “the police” substitute “ a relevant person ”.

(5) In section 104 (objection to notice), for subsection (2) substitute—

“(2) Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—

(a) to the relevant licensing authority,

(b) to the premises user, and

(c) to every other relevant person.”.

(6) In section 104(3) (timing for objection), for “chief officer of police” substitute “ relevant person ”.

(7) In section 104(4) (timing for objection), for “relevant chief officer of police” substitute “ relevant person ”.

(8) Omit section 104(5) (definition of “relevant chief officer of police”).

(9) In section 105 (counter notice following objection)—

(a) in the title, omit “police”,

(b) in subsection (2)(a), for “chief officer of police” substitute “ relevant person ”,

(c) in subsection (2)(b), for “the crime prevention objective” substitute “ a licensing objective ”,

(d) in subsection (3)(a), for “the relevant chief officer of police” substitute “ each relevant person ”, and

(e) in subsection (3)(b)(ii), for “the relevant chief officer of police” substitute “ each relevant person ”.

(10) In section 106 (modification of notice following objection)—

(a) in the title, omit “police”,

(b) in subsection (1), for “chief officer of police” substitute “ relevant person ”,

(c) in subsection (2)—

(i) for “chief officer of police” substitute “ relevant person ”, and

(ii) after “of the premises user” insert “ and each other relevant person ”,

(d) in subsection (4), for “chief officer of police” substitute “ relevant person ”, and

(e) omit subsection (5).

(11) In section 107(11) (counter notice where permitted limits exceeded), for the words following “that notice” substitute “ to each relevant person ”.

(12) In section 194 (index of defined expressions), after the entry for the expression “relevant offence” insert—

“relevant person, in Part 5

section 99A”.

(13) In Schedule 5 (appeals)—

(a) in paragraph 16(1)(b), for “chief officer of police” substitute “ relevant person ”,

(b) in paragraph 16(3), for “chief officer of police” substitute “ relevant person ”,

(c) in paragraph 16(8), in the definition of “objection notice”, omit “and”,

(d) in paragraph 16(8), at the end of the definition of “relevant licensing authority” insert “; and

relevant person” has the meaning given in section 99A.”.

(14) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I152 S. 112 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

113 Temporary event notices: conditions E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a) substitute—

“(a) it is carried out in accordance with—

(i) a notice given in accordance with section 100, and

(ii) any conditions imposed under section 106A, and”.

(3) After section 106 insert—

“106A Conditions on standard temporary event notice following objection

(1) This section applies where—

(a) a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,

(b) the objection notice has not been withdrawn, and

(c) the relevant licensing authority has decided under section 105 not to give a counter notice under that section.

(2) The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the licensing objectives to do so,

(b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and

(c) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more conditions under subsection (2)—

(a) the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and

(c) a copy of the notice and statement of conditions must be given to each relevant party.

(4) The notice and statement of conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.”.

(4) In section 109 (duty to keep and produce temporary event notice)—

(a) in the title, after “notice” insert “ and statement of conditions ”,

(b) in subsection (2)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,

(c) in subsection (3)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,

(d) in subsection (3)(b), for “notice is” substitute “ notice and any statement of conditions are ”,

(e) in subsection (5)(a), after “notice” insert “ or any statement of conditions ”,

(f) in subsection (5), after “produce the temporary event notice” insert “ or statement of conditions ”,

(g) in subsection (6), after “produce the temporary event notice” insert “ or statement of conditions ”, and

(h) in subsection (8), after “notice” insert “ or statement of conditions ”.

(5) In section 110 (theft, loss, etc. of temporary event notice)—

(a) in the title, after “notice” insert “ or statement of conditions ”,

(b) after subsection (1) insert—

“(1A) Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.”,

(c) in subsection (4), after “copy of the notice” insert “ or statement ”,

(d) in subsection (4)(a), after “notice” insert “ or statement ”,

(e) in subsection (5), after “notice” insert “ or statement ”, and

(f) in subsection (6), after “notice” insert “ or statement ”.

(6) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I153 S. 113(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(e)

I154 S. 113(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I155 S. 113(2) (4)-(6) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

114 Temporary event notices: late notices E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (12).

(2) In section 98(2) (meaning of “permitted temporary activity”), for “sections 102 (acknowledgement of notice) and 104(1) (notification of police)” substitute “ section 102 (acknowledgement of notice) ”.

(3) In section 100 (temporary event notice)—

(a) in subsection (7), for paragraph (a) substitute—

“(a) must be given in accordance with section 100A, and”, and”

(b) in subsection (7)(b), after “fee” insert “ when it is given by the premises user to the relevant licensing authority. ”.

(4) After section 100 insert—

“100A Standard and late temporary event notices

(1) For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—

(a) subsection (2), in which case the notice is a “standard temporary event notice”, or

(b) subsection (3), in which case the notice is a “late temporary event notice”.

(2) A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—

(a) it is given to the relevant licensing authority by means of a relevant electronic facility, or

(b) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.

(3) A temporary event notice is given in accordance with this subsection if—

(a) it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or

(b) both of the following are satisfied—

(i) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;

(ii) it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.

(4) Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—

(a) the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and

(b) for the purposes of this Act, the copy is to be treated as if it were the original notice.

(5) In this section “event period” in relation to a temporary event notice means the event period specified in the notice.”.

(5) In section 102 (acknowledgement of notice), for subsection (3) substitute—

“(3) Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—

(a) where the counter notice is in respect of a late temporary event notice, section 104A, or

(b) where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.”.

(6) In section 104 (objection to notice)—

(a) omit subsections (1) and (1A), and

(b) in subsection (3), for “a copy of the temporary event notice under subsection (1) or (1A)” substitute “ the temporary event notice ”.

(7) After section 104 insert—

“104A Counter notice following objection to late notice

(1) Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.

(2) The counter notice must—

(a) be in the prescribed form, and

(b) be given to the premises user in the prescribed manner.

(3) The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—

(a) give the counter notice to the premises user, and

(b) give a copy of the counter notice to each relevant person.”.

(8) In section 105 (counter notice following objection)—

(a) in the title, after “objection” insert “ to standard temporary event notice ”,

(b) in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and

(c) omit subsection (7).

(9) In section 106(1) (modification of notice following objection)—

(a) in the title, for “notice” substitute “ standard temporary event notice ”,

(b) in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and

(c) in subsection (2), for “the notice returned to the premises user under section 102” substitute “ it ”.

(10) In section 107 (counter notice where permitted limits exceeded)—

(a) in subsection (2), for paragraph (b) substitute—

“(b) has already given at least—

(i) 50 temporary event notices, or

(ii) ten late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.”, and”

(b) in subsection (3), for paragraph (b) substitute—

“(b) has already given at least—

(i) five temporary event notices, or

(ii) two late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.”.

(11) In section 194 (index of defined expressions)—

(a) after the entry for the expression “late night refreshment” insert—

“late temporary event notice

section 100A(1)(b)”, and

(b) after the entry for the expression “secretary, in Part 4” insert—

“standard temporary event notice

section 100A(1)(a)”.

(12) In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “ standard ”.

(13) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I156 S. 114(1)(7) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(f)

I157 S. 114(1)(7) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I158 S. 114(2)-(6) (8)-(13) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

115 Relaxation of time limits applying to temporary event notices E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 100 (temporary event notice)—

(a) in subsection (1), for “96 hours” substitute “ 168 hours ”, and

(b) in subsection (5)(b), for “96 hours” substitute “ 168 hours ”.

(3) In section 107(5) (counter notice where permitted limits exceeded), for “15 days” substitute “ 21 days ”.

(4) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I159 S. 115(1)(2) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(g)

I160 S. 115(1)(2) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I161 S. 115(3)(4) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

116 Temporary event notices: acknowledgment of notice E+W

(1) In section 102 of the Licensing Act 2003 (acknowledgement of notice)—

(a) in subsection (1), for “(in duplicate) in accordance with this Part, it must acknowledge receipt of the notice by sending or delivering one notice” substitute “ in accordance with this Part, it must give written acknowledgement of the receipt of the notice ”, and

(b) omit subsection (2).

(2) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I162 S. 116 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

117 Temporary event notice: time for objection to notice E+W

(1) In section 104(3) of the Licensing Act 2003 (objection to temporary event notice by police), for “second” substitute “ third ”.

(2) The amendment made by this section applies in relation to temporary event notices that are given on or after the commencement of this section.

Commencement Information

I163 S. 117 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Underage sales E+W

118 Persistently selling alcohol to children E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

F73 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 169A (closure notice for persistently selling alcohol to children)—

(a) in subsection (2)(a), for “for a period not exceeding 48 hours” substitute “ , for the period specified in the notice, ”, and

(b) in subsection (4), for “not more than 48 hours” substitute “ at least 48 hours but not more than 336 hours ”.

(4) The amendment made by subsection (2) of this section applies in relation to offences that are committed on or after the commencement of that subsection.

(5) The amendments made by subsection (3) of this section apply in relation to closure notices that are given on or after the commencement of that subsection in relation to offences committed before, on or after that commencement.

Textual Amendments

F73 S. 118(2) omitted (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 104 (with reg. 5(1))

Commencement Information

I164 S. 118(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(h)

I165 S. 118(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I166 S. 118(2)(4)(5) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Early morning alcohol restriction orders E+W

119 Early morning alcohol restriction orders E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 7 (exercise and delegation of functions), in subsection (2), after paragraph (a) (but before the final “or”) insert—

“(aa) the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order),”.

(3) For sections 172A to 172E (early morning alcohol restriction order), as inserted by section 55 of the Crime and Security Act 2010, substitute—

“172A Power to make early morning alcohol restriction order

(1) If a licensing authority considers it appropriate for the promotion of the licensing objectives, it may, subject as follows, make an order under this section.

(2) An order under this section is an order providing that—

(a) premises licences and club premises certificates granted by the authority, and temporary event notices given to the authority, do not have effect to the extent that they authorise the sale of alcohol during the period specified in the order, and

(b) club premises certificates granted by the authority do not have effect to the extent that they authorise the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club during the period specified in the order.

(3) For the purposes of subsection (2)(a) and (b), the period that may be specified in the order must—

(a) begin no earlier than midnight, and

(b) end no later than 6am.

(4) It is immaterial for the purposes of an order under this section whether a premises licence or club premises certificate is granted, or a temporary event notice is given, before or after the order is made.

(5) An order under this section may provide that it is to apply—

(a) in relation to the same period of every day on which the order is to apply, or in relation to different periods of different days,

(b) every day or only on particular days (for example, particular days of the week or year),

(c) in relation to the whole or part of a licensing authority's area, or

(d) for a limited or unlimited period.

(6) An order under this section must specify—

(a) the days on which it is to apply and the period of those days,

(b) the area in relation to which it is to apply,

(c) if it is to apply for a limited period, that period, and

(d) the date from which it is to apply.

(7) An order under this section must—

(a) be in the prescribed form, and

(b) have the prescribed content.

172B Procedural requirements for early morning alcohol restriction order

(1) A licensing authority proposing to make an order under section 172A must—

(a) advertise the proposed order in the prescribed manner, and

(b) hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.

(2) In this section “relevant representations” means representations which—

(a) are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,

(b) are made to the licensing authority by an affected person, a responsible authority or any other person,

(c) are made in the prescribed form and manner and within the prescribed period,

(d) have not been withdrawn, and

(e) in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious.

(3) In subsection (2)(b), “affected person” means—

(a) the holder of the premises licence or club premises certificate in respect of affected premises,

(b) the premises user in relation to a temporary event notice in respect of affected premises,

(c) a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and

(d) a person to whom a provisional statement has been issued in respect of affected premises.

(4) In subsection (2)(b) and (e), “responsible authority” means—

(a) the licensing authority and any other licensing authority in whose area part of any affected premises is situated,

(b) the chief officer of police for a police area any part of which is in the area specified in the order,

(c) the fire and rescue authority for an area any part of which is in the area specified in the order,

(d) the Primary Care Trust or Local Health Board for an area any part of which is in the area specified in the order,

(e) the local weights and measures authority for any such area,

(f) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,

(g) the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,

(h) the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(i) a body which—

(i) represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,

(j) where affected premises are a vessel—

(i) a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,

(ii) the Environment Agency,

(iii) [F74 Canal & River Trust] , and

(iv) the Secretary of State, and

(k) a prescribed person.

(5) Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.

(6) In this section—

• “affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;

• “statutory function” means a function conferred by or under an enactment.

172C Making of early morning alcohol restriction order

(1) A licensing authority may not make an order under section 172A applying in relation to—

(a) an area not specified in the proposed order advertised under section 172B,

(b) a day not specified in that proposed order, or

(c) a period other than the period specified in that proposed order of any day so specified.

(2) After making an order under section 172A a licensing authority must publish it or otherwise make it available—

(a) in the prescribed form and manner, and

(b) within the prescribed period.

172D Variation and revocation of early morning alcohol restriction order

(1) A licensing authority may vary or revoke an order under section 172A.

(2) Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.

172E Exceptions from effect of early morning alcohol restriction order

(1) An order under section 172A does not apply in prescribed cases or circumstances.

(2) The cases referred to in subsection (1) may in particular be defined by reference to—

(a) particular kinds of premises, or

(b) particular days.

(3) An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.”.

(4) Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply of alcohol) is repealed.

Textual Amendments

F74 Words in s. 119(3) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 22 (with arts. 4-6)

Commencement Information

I167 S. 119 in force at 31.10.2012 by S.I. 2012/2670, art. 2(a)

Fees E+W

120 Suspension of licence or certificate for failing to pay annual fee E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 26(2) (period of validity of premises licence), after “section 52” insert “ or 55A ”.

(3) After section 55 (annual fee for premises licence) insert—

“55A Suspension of premises licence for failing to pay annual fee

(1) A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).

(2) Subsection (1) does not apply if—

(a) either—

(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

(b) the grace period for payment of the fee has not expired (see subsection (8)).

(3) If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.

(4) A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.

(5) If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

(6) The acknowledgement of receipt under subsection (5) must—

(a) specify the day the authority received the fee (the “receipt day”), and

(b) be given to the holder as soon as is reasonably practicable but in any event—

(i) if the receipt day was a working day, before the end of the first working day after the receipt day,

(ii) otherwise, before the end of the second working day after the receipt day.

(7) A suspension of a premises licence under subsection (1)—

(a) takes effect on the day specified in the notice under subsection (3), and

(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.”.

(4) In section 80(2) (period of validity of club premises certificate), after “section 88” insert “ or 92A ”.

(5) After section 92 (annual fee for club premises certificate) insert—

“92A Suspension of club premises certificate for failing to pay annual fee

(1) A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).

(2) Subsection (1) does not apply if—

(a) either—

(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

(b) the grace period for payment of the fee has not expired (see subsection (8)).

(3) If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.

(4) A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.

(5) If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

(6) The acknowledgement of receipt under subsection (5) must—

(a) specify the day the authority received the fee (the “receipt day”), and

(b) be given to the holder as soon as is reasonably practicable but in any event—

(i) if the receipt day was a working day, before the end of the first working day after the receipt day,

(ii) otherwise, before the end of the second working day after the receipt day.

(7) A suspension of a club premises certificate under subsection (1)—

(a) takes effect on the day specified in the notice under subsection (3), and

(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.”.

(6) The amendments made by this section apply in relation to premises licences and club premises certificates in relation to which annual fees become due on or after the commencement of this section.

Commencement Information

I168 S. 120 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Prospective

121 Power for licensing authorities to set fees E+W

(1) The Licensing Act 2003 is amended as follows.

(2) After section 197 insert—

“197A Regulations about fees

(1) Subsection (2) applies where the Secretary of State makes regulations under this Act prescribing the amount of any fee.

(2) The Secretary of State may, in determining the amount of the fee, have regard, in particular, to—

(a) the costs of any licensing authority to whom the fee is to be payable which are referable to the discharge of the function to which the fee relates, and

(b) the general costs of any such licensing authority;

and may determine an amount by reference to fees payable to, and costs of, any such licensing authorities, taken together.

(3) A power under this Act to prescribe the amount of a fee includes power to provide that the amount of the fee is to be determined by the licensing authority to whom it is to be payable.

(4) Regulations which so provide may also specify constraints on the licensing authority's power to determine the amount of the fee.

(5) Subsections (6) and (7)—

(a) apply where, by virtue of subsection (3), regulations provide that the amount of a fee is to be determined by a licensing authority, and

(b) are subject to any constraint imposed under subsection (4).

(6) The licensing authority—

(a) must determine the amount of the fee (and may from time to time determine a revised amount),

(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases), and

(c) must publish the amount of the fee as determined from time to time.

(7) In determining the amount of the fee, the licensing authority must seek to secure that the income from fees of that kind will equate, as nearly as possible, to the aggregate of—

(a) the licensing authority's costs referable to the discharge of the function to which the fee relates, and

(b) a reasonable share of the licensing authority's general costs;

and must assess income and costs for this purpose in such manner as it considers appropriate.

197B Regulations about fees: supplementary provision

(1) Subsections (2) and (3) apply for the purposes of section 197A.

(2) References to a licensing authority's costs referable to the discharge of a function include, in particular—

(a) administrative costs of the licensing authority so far as they are referable to the discharge of the function, and

(b) costs in connection with the discharge of the function which are incurred by the licensing authority acting—

(i) under this Act, but

(ii) in a capacity other than that of licensing authority (whether that of local authority, local planning authority or any other authority).

(3) References to the general costs of a licensing authority are to costs of the authority so far as they are referable to the discharge of functions under this Act in respect of which no fee is otherwise chargeable and include, in particular—

(a) costs referable to the authority's functions under section 5;

(b) costs of or incurred in connection with the monitoring and enforcement of Parts 7 and 8 of this Act;

(c) costs incurred in exercising functions conferred by virtue of section 197A.

(4) To the extent that they prescribe the amount of a fee or include provision made by virtue of section 197A(3) or (4), regulations may—

(a) make provision which applies generally or only to specified authorities or descriptions of authority, and

(b) make different provision for different authorities or descriptions of authority.

(5) Subsection (4) is not to be taken to limit the generality of section 197.”.

(3) In section 10(4) (sub-delegation of functions by licensing committee etc)—

(a) omit “or” at the end of paragraph (c), and

(b) after paragraph (d) insert “or

(e) any function conferred by virtue of section 197A (regulations about fees).”.

Miscellaneous E+W

122 Licensing policy statements E+W

(1) Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).

(2) In subsection (1)—

(a) for “three” substitute “ five ”, and

(b) in paragraph (b) omit “(a “licensing statement”)”.

(3) Omit subsection (2).

(4) In subsection (3), for “three” substitute “ five ”.

(5) In subsection (4)—

(a) for “three” substitute “ five ”, and

(b) after “policy” insert “ in respect of that period ”.

(6) After subsection (6) insert—

“(6A) Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—

(a) determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and

(b) publishing a statement of that policy before that date.

(6B) Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).

(6C) A licensing statement must specify the five year period to which it relates.”

(7) After subsection (7) insert—

“(8) In this section—

• “five year period”, in relation to a licensing authority, means—

  (a)

  if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or

  (b)

  if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;

• “licensing statement” means a statement published under subsection (1)(b) or (6A)(b).”

(8) Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—

(a) it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and

(b) it specified the five year period to which it relates.

Commencement Information

I169 S. 122 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

123 Personal licences: relevant offences E+W

(1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as set out in subsections (2) to (4).

(2) In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) insert—

“(d) section 6(6) (failing to co-operate with a preliminary test).”.

(3) The second paragraph 22 is renumbered as paragraph 22A.

(4) After paragraph 23 insert—

“24 An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.

25 An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.

26 The offence at common law of conspiracy to defraud.”.

(5) The amendments made by this section apply on and after the commencement of this section in relation to—

(a) personal licences that are granted or renewed before, on or after the commencement of this section, and

(b) offences committed before, on or after that commencement.

Commencement Information

I170 S. 123 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

Review E+W

124 Review of effect of amendments on licensing scheme E+W

(1) As soon as reasonably practicable after the end of the review period, the Secretary of State must—

(a) carry out a review of the following provisions of this Chapter—

(i) section 103 (licensing authorities as responsible authorities),

(ii) section 104 (Primary Care Trusts and Local Health Boards as responsible authorities),

(iii) section 105 (premises licences: who may make relevant representations),

(iv) section 106 (premises licenses: who may apply for review),

(v) section 107 (club premises certificates: who may make relevant representations),

(vi) section 108 (club premises certificates: who may apply for review),

(vii) section 109 (reducing the burden: premises licences),

(viii) section 110 (reducing the burden: club premises certificates),

(ix) section 111 (reducing the burden: other situations),

(x) section 112 (temporary event notices: who may make an objection),

(xi) section 113 (temporary event notices: conditions),

(xii) section 117 (temporary event notice: time for objection to notice),

(xiii) section 119 (early morning alcohol restriction orders),

(xiv) section 120 (suspension of licence or certificate for failing to pay annual fee),

(xv) section 123 (personal licences: relevant offences), and

(b) set out the conclusions of the review in a report.

(2) In particular, the review must assess the effect of the amendments made by those sections on the scheme established by the Licensing Act 2003.

(3) The Secretary of State must lay a copy of the report before Parliament.

(4) In this section, “review period” means the period of five years beginning with—

(a) if all of those sections commence on the same day, that day, and

(b) otherwise, the first day on which all of those sections have commenced.

Commencement Information

I171 S. 124 in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)

CHAPTER 2 E+W Late night levy

Application of late night levy requirement in licensing authority's area E+W

125 Late night levy requirement E+W

[F75 (1) In this Chapter, “the late night levy requirement” means a requirement to pay the late night levy in accordance with this Chapter.

(2) A licensing authority may decide that the late night levy requirement is to apply in its area.]

[F75 (1) In this Chapter, “a late night levy requirement” means a requirement to pay a late night levy in accordance with this Chapter.

(2) A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of—

(a) relevant late night alcohol authorisations relating to premises in the area or the part, or

(b) relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part.

(2A) Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment authorisation in respect of which the late night levy requirement applies.

(2B) A licensing authority may decide under subsection (2) that different late night levy requirements are to apply in different parts of its area.]

(3) In making a decision under subsection (2) a licensing authority must consider—

(a) the costs of policing and other arrangements for the reduction or prevention of crime and disorder, in connection with the supply of alcohol [F76 or late night refreshment] between midnight and 6 am, and

(b) having regard to those costs, the desirability of raising revenue to be applied in accordance with section 131.

(4) [F77 A licensing authority may not decide that the late night levy requirement is to apply in part only of its area.]

(5) This section is subject to section 132.

Textual Amendments

F75 S. 125(1)-(2B) substituted for s. 125(1)(2) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 142(2), 183(1)(5)(e)

F76 Words in s. 125(3)(a) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 142(3), 183(1)(5)(e)

F77 S. 125(4) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 142(4), 183(1)(5)(e)

Commencement Information

I172 S. 125 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

Liability to pay late night levy E+W

126 “Relevant late night authorisation” and related definitions E+W

(1) This section applies for the purposes of this Chapter.

(2) [F78 “Relevant late night authorisation”] [F78 “Relevant late night alcohol authorisation”], in relation to a licensing authority[F79 , a late night levy requirement] and a levy year, means a premises licence or club premises certificate which—

(a) is granted by the authority, and

(b) authorises the supply of alcohol at a time or times during the late night supply period on one or more days in the related payment year [F80 (whether or not it also authorises the provision of late night refreshment at a time or times during such a period)].

[F81 (2A) “Relevant late night refreshment authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence which—

(a) is granted by the authority,

(b) authorises the provision of late night refreshment at a time or times during the late night supply period on one or more days in the related payment year, and

(c) does not also authorise the supply of alcohol at a time or times during any such period.]

(3) The “late night supply period” in relation to a licensing authority means the period of the day decided by the authority under section 132 or 133.

[F82 (3A) Where a licensing authority decides under section 125(2) to apply a late night levy requirement in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the licensing authority may determine under section 132(1)—

(a) a single late night levy period that is to apply in respect of both kinds of authorisations, or

(b) two late night levy periods, one of which is to apply in respect of relevant late night alcohol authorisations and the other of which is to apply in respect of relevant late night refreshment authorisations.]

(4) A late night supply period must—

(a) begin at or after midnight, and

(b) end at or before 6 am.

(5) [F83 The late night supply period] [F83 A late night supply period] determined by a licensing authority for a levy year must be the same—

(a) for each payment year beginning during the levy year, and

(b) throughout each such payment year.

(6) Regulations must make provision as to how payment years are to be determined in relation to holders of premises licences or club premises certificates.

(7) Regulations under subsection (6) may, in particular—

(a) provide for a holder's payment year to be determined by reference to the period in respect of which the holder is liable to pay an annual fee under section 55(2) or 92(2) of the Licensing Act 2003, or

(b) confer functions or a discretion on licensing authorities in relation to premises licences and club premises certificates granted by them.

(8) Regulations under subsection (6) which provide for licensing authorities to determine payment years must require an authority to decide how the payment years are to be determined at the time the authority decides under section 125(2) that [F84 the late night levy requirement] [F84 a late night levy requirement] is to apply [F85 in its area].

(9) For the purposes of this section, a payment year is related to a levy year if it begins at the same time as, or during, the levy year.

Textual Amendments

F78 Words in s. 126(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(2)(a)

F79 Words in s. 126(2) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(2)(b)

F80 Words in s. 126(2)(b) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(2)(c)

F81 S. 126(2A) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(3)

F82 S. 126(3A) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(4)

F83 Words in s. 126(5) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(5)

F84 Words in s. 126(8) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(6)(a)

F85 Words in s. 126(8) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 2(6)(b)

Commencement Information

I173 S. 126 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

127 Liability to pay late night levy E+W

(1) Where [F86 the late night levy requirement] [F86 a late night levy requirement] applies in the area [F87 or part of the area] of a licensing authority, the holder of [F88 a relevant late night authorisation] [F88 a late night authorisation to which the requirement relates] must pay a levy (“the late night levy”) to the authority in respect of that authorisation for each levy year, in accordance with this Chapter.

(2) But a holder of [F89 a relevant late night authorisation] [F89 a late night authorisation to which the requirement relates] who falls within an applicable exemption category is not liable to pay the late night levy in respect of that authorisation for the levy year.

[F90 (2A) In addition, if the requirement relates to a late night authorisation that is a relevant late night refreshment authorisation, the holder of the authorisation is not liable to pay the late night levy for a levy year if only hot drinks are supplied (or held out for supply) in reliance on the authorisation during the levy year.]

(3) For this purpose, “applicable exemption category”, in relation to a levy year, means a permitted exemption category that the licensing authority has decided under section 132 or 133 is to apply [F91 in its area] [F91 in relation to the late night levy requirement] for the levy year.

Textual Amendments

F86 Words in s. 127(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(2)(a)

F87 Words in s. 127(1) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(2)(b)

F88 Words in s. 127(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(2)(c)

F89 Words in s. 127(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(3)

F90 S. 127(2A) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(4)

F91 Words in s. 127(3) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 3(5)

Commencement Information

I174 S. 127 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

128 Amount of late night levy E+W

(1) For [F92 any levy requirement and] any levy year, the amount of the levy is—

(a) the amount prescribed by regulations, or

(b) the amount calculated in accordance with regulations.

(2) But in the case of the holder of [F93 a relevant late night authorisation] [F93 a late night authorisation to which a late night levy requirement relates] who falls within an applicable reduction category, the amount of the late night levy payable in respect of the authorisation is the reduced amount that applies in relation to that category (see section 135(4)).

(3) For this purpose “applicable reduction category”, in relation to [F94 a late night levy requirement and] a levy year, means a permitted reduction category that the licensing authority has decided under section 132 or 133 is to apply [F95 in its area] [F95 in relation to the late night levy requirement] for the levy year.

(4) Subject to subsection (2), regulations under subsection (1) must provide for the amount of [F96 the late night levy] [F96 a late night levy], or the manner in which it is to be calculated, to be the same[F97 , in respect of all late night levy requirements] for all persons liable to pay [F98 the levy] [F98 a levy] in respect of an authorisation [F99 for the levy year].

Textual Amendments

F92 Words in s. 128(1) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(2)

F93 Words in s. 128(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(3)

F94 Words in s. 128(3) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(4)(a)

F95 Words in s. 128(3) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(4)(b)

F96 Words in s. 128(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(5)(a)

F97 Words in s. 128(4) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(5)(b)

F98 Words in s. 128(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(5)(c)

F99 Words in s. 128(4) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 4(5)(d)

Commencement Information

I175 S. 128 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

Administration of late night levy E+W

129 Payment and administration of the levy E+W

(1) Regulations—

(a) must make provision as to collection and administration, and

(b) may make provision as to enforcement,

of [F100 the late night levy] [F100 a late night levy].

(2) Regulations under subsection (1) must make provision as to the time or times for payment of [F101 the levy] [F101 a levy] to a licensing authority by holders of [F102 relevant late night authorisations] [F102 a late night authorisation to which a late night levy requirement relates].

(3) Provision made by virtue of subsection (2) may in particular provide for any such time or times to be determined by reference to the holders' payment years.

(4) Regulations under subsection (1) may make provision for adjustments to be made in cases where—

(a) [F103 a relevant late night authorisation] [F103 a late night authorisation to which a late night levy requirement relates] ceases to be such an authorisation during the holder's payment year;

(b) a premises licence or club premises certificate becomes [F104 a relevant late night authorisation] [F104 a late night authorisation to which a late night levy requirement relates] during the holder's payment year;

(c) an order under section 172A of that Act (early morning restriction orders) precludes the supply of alcohol by virtue of [F105 the relevant late night authorisation] [F105 a relevant late night alcohol authorisation to which a late night levy requirement relates] at all the times during the applicable late night supply period when it would otherwise have been permitted by virtue of the authorisation;

including in cases where the change occurs after the end of [F106 the levy year] [F106 the levy year in question].

(5) Any payment of [F107 the late night levy] [F107 a late night levy] which is owed to a licensing authority under this Chapter may be recovered as a debt due to the authority.

(6) The following provisions of the Licensing Act 2003 apply for the purposes of this Chapter—

(a) section 55A (suspension of premises licence for failure to pay annual fee);

(b) section 92A (suspension of club premises certificate for failure to pay annual fee),

but as if a reference to an annual fee, or to the annual fee owed under section 55(2) or 92(2), were a reference to [F108 the late night levy] [F108 a late night levy], or to the amount of [F108 the late night levy] [F108 a late night levy] owed under this Chapter.

(7) Provision that may be made by regulations under this section includes provision conferring functions or a discretion on licensing authorities.

Textual Amendments

F100 Words in s. 129(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(2)

F101 Words in s. 129(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(3)(a)

F102 Words in s. 129(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(3)(b)

F103 Words in s. 129(4)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(a)

F104 Words in s. 129(4)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(b)

F105 Words in s. 129(4)(c) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(c)

F106 Words in s. 129(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(d)

F107 Words in s. 129(5) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(5)

F108 Words in s. 129(6) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(6)

Commencement Information

I176 S. 129 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

130 Net amount of levy payments E+W

(1) In this Chapter [F109 , in relation to a late night levy requirement,] “the net amount of levy payments” of a licensing authority in respect of any period means the amount, calculated in accordance with regulations, which represents—

(a) the aggregate amount of payments to the authority in respect of the levy that are attributable to that period, less

(b) the aggregate amount of expenses of the authority attributable to that period that are permitted deductions under regulations under subsection (2)(a).

(2) Regulations under subsection (1)—

(a) must prescribe descriptions of relevant expenses which may be deducted for the purposes of calculating the net amount of levy payments for any period,

(b) may make provision for determining the amounts to be taken into account in calculating the net amount of levy payments,

(c) may make provision for determining the period to which a payment or deduction is attributable.

(3) In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing authority in the administration of [F110 the late night levy requirement] [F110 a late night levy requirement] including, in particular, such expenses incurred in, in connection with or in consequence of—

(a) any decision mentioned in section 134(1);

(b) collection of payments of the late night levy;

(c) enforcement of the late night levy requirement.

(4) Expenses incurred by a licensing authority which fall within subsection (3)(a) include, in particular, expenses which it incurs in connection with any application made by virtue of section 134(2)(c).

(5) [F111 In relation to a late night levy requirement,] a licensing authority must publish the following, in respect of each levy year—

(a) before the beginning of the year, a statement of its estimate of the amount of deductions permitted under regulations under subsection (2)(a) to be made in respect of the year;

(b) after the end of the year, a statement of the net amount of levy payments for the year, showing in particular the amounts mentioned in paragraphs (a) and (b) of subsection (1) attributable to the year.

(6) It is for the licensing authority to determine the manner in which any statement under subsection (5) is to be published.

Textual Amendments

F109 Words in s. 130(1) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 6(2)

F110 Words in s. 130(3) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 6(3)

F111 Words in s. 130(5) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 6(4)

Commencement Information

I177 S. 130 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

Application of levy payments E+W

131 Application of net amount of levy payments E+W

(1) [F112 In relation to a late night levy requirement,] the net amount of levy payments for any levy year must be applied as follows.

(2) The licensing authority—

(a) must pay the specified proportion of that amount to the relevant local policing body, and

(b) must apply the remainder of that amount in accordance with regulations.

(3) In subsection (2)(a), “specified proportion” means the proportion determined for the levy year under section 132(1)(b) or 133(1)(d).

(4) The specified proportion must be not less than 70 per cent.

[F113 (4A) The licensing authority must publish information as to how it applies the remainder of the net amount mentioned in subsection (2)(b).

(4B) The information must be published at least once in each calendar year during which any part of the remainder is applied.

(4C) It is for the licensing authority to determine the manner in which the information is published.]

(5) Regulations may amend subsection (4) by specifying a different proportion in place of the proportion for the time being specified in that subsection.

(6) Regulations may make provision—

(a) as to the time or times at which payments are to be made by the licensing authority under subsection (2);

(b) for adjustments of payments in cases where payments or repayments are made [F114 in respect of the levy] [F114 in respect of a levy] after the end of the levy year.

(7) Regulations under this section may make provision conferring functions or a discretion on a licensing authority.

Textual Amendments

F112 Words in s. 131(1) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 7(2)

F113 S. 131(4A)-(4C) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 7(3)

F114 Words in s. 131(6)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 7(4)

Commencement Information

I178 S. 131 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

Late night levy requirement: further provision E+W

132 Introduction of late night levy requirement E+W

(1) Where a licensing authority decides under section 125 that [F115 the late night levy requirement] [F115 a late night levy requirement] is to apply [F116 in its area], it must also decide—

(a) the date on which the late night levy requirement is first to apply, and

(b) for the first levy year and, subject to section 133, each subsequent levy year—

(i) the late night supply period [F117 or periods (as to which see section 126(3A))];

(ii) the permitted exemption categories (if any) that are to apply [F118 in its area];

(iii) the permitted reduction categories (if any) that are to apply [F119 in its area];

(iv) the proportion of the net amount of levy payments that is to be paid to the relevant local policing body under section 131.

(2) Subsection (1)(b)(i) is subject to section 126(4) and (5).

(3) Subsection (1)(b)(iv) is subject to section 131(4).

(4) Regulations under section 134 apply in relation to any decision of a licensing authority under section 125 or this section.

Textual Amendments

F115 Words in s. 132(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 8(2)(a)

F116 Words in s. 132(1) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 8(2)(b)

F117 Words in s. 132(1)(b)(i) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 8(2)(c)(i)

F118 Words in s. 132(1)(b)(ii) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 8(2)(c)(ii)

F119 Words in s. 132(1)(b)(iii) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 8(2)(c)(iii)

Commencement Information

I179 S. 132 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

133 Amendment of late night levy requirement E+W

(1) [F120 Where the late night levy requirement applies in the area of a licensing authority under section 125,] [F120 Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies,] the authority may decide—

(a) that the requirement is to cease to apply [F121 in the area];

(b) that a different late night supply period is to apply;

(c) that any permitted exemption categories or permitted reduction categories are to apply in addition to any that currently apply, or to cease to apply, [F122 in the area] [F122 in relation to the late night levy requirement];

(d) that a different proportion of the net amount of levy payments is to be paid to the relevant local policing body.

[F123 (1A) Where the late night levy requirement is in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the power conferred by subsection (1)(b) includes—

(a) where a single late night levy period applies, power to decide that two late night levy periods are to apply instead;

(b) where two late night levy periods apply, power to decide that a single late night levy period is to apply instead.]

(2) Subsection (1)(b) is subject to section 126(4) and (5).

(3) Subsection (1)(d) is subject to section 131(4).

(4) Where—

(a) regulations under section 135 alter the permitted exemption categories or permitted reduction categories, and

(b) by virtue of the regulations any category that applies [F124 in the area of a licensing authority] as the result of a relevant decision [F125 by a licensing authority] ceases to be a permitted exemption category or permitted reduction category,

the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply [F126 in its area] in respect of future levy periods are permitted exemption categories or permitted reduction categories.

(5) In subsection (4)(b), “relevant decision” means a decision under—

(a) section 132(1)(b)(ii) or (iii), or

(b) subsection (1)(c) of this section.

(6) Where—

(a) regulations under subsection (5) of section 131 amend subsection (4) of that section, and

(b) by virtue of the regulations the proportion of the net amount of levy payments to be paid to the relevant local policing body ceases to satisfy section 131(4),

the licensing authority must exercise its power under subsection (1)(d) so as to secure that the proportion of the net amount of levy payments to be paid to the relevant local policing body in respect of future levy years satisfies that provision.

(7) Any decision made under subsection (1) may take effect only—

(a) in the case of a decision under paragraph (a), at the end of a levy period,

(b) in the case of decision under paragraph (b), (c) or (d), in respect of future levy periods.

(8) Regulations under section 134 apply in relation to any decision of a licensing authority under this section.

Textual Amendments

F120 Words in s. 133(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(2)(a)

F121 Words in s. 133(1)(a) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(2)(b)

F122 Words in s. 133(1)(c) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(2)(c)

F123 S. 133(1A) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(3)

F124 Words in s. 133(4)(b) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(4)(a)

F125 Words in s. 133(4)(b) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(4)(b)

F126 Words in s. 133(4) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 9(4)(c)

Commencement Information

I180 S. 133 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

134 Introduction or variation of late night levy requirement: procedure E+W

(1) Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—

(a) a decision under section 125(2) that [F127 the late night levy requirement] [F127 a late night levy requirement] is to apply [F128 in the area of the licensing authority] (and any related decision under section 132(1));

(b) a decision under section 133(1)(a) that [F129 the late night levy requirement] [F129 a late night levy requirement] is to cease to apply [F130 in the area of the licensing authority];

(c) a decision under section 133(1)(b), (c) or (d).

(2) Regulations under this section must, in particular—

(a) require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—

(i) the relevant local policing body;

(ii) the relevant chief officer of police;

(iii) holders of [F131 relevant late night authorisations] [F131 late night authorisations to which the levy requirement in question relates or would relate];

(iv) any other persons prescribed by the regulations;

(b) make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);

(c) in the case of a decision under section 125(2), make provision—

(i) enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, [F132 so as to cease to be a relevant late night authorisation before the beginning of the first levy year] [F132 so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year], and

(ii) for no fee to be payable in respect of any such application to the extent that it relates to such a variation.

(3) In the case of a proposal that [F133 the late night levy requirement] [F133 a late night levy requirement] should apply [F134 to the area of a licensing authority], the consultation about the proposal required under subsection (2)(a) must include consultation about the matters to be decided under section 132(1).

(4) Regulations under this section may specify matters of which the licensing authority must be satisfied before deciding under section 125(2) that [F135 the late night levy requirement] [F135 a late night levy requirement] is to apply [F136 in its area].

(5) [F137 In subsection (2)(c), “relevant late night authorisation” includes a premises licence or club premises certificate which would be a relevant late night authorisation if the licensing authority were to make the decisions in subsection (1)(a) in accordance with the proposal.]

Textual Amendments

F127 Words in s. 134(1)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(2)(a)

F128 Words in s. 134(1)(a) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(2)(b)

F129 Words in s. 134(1)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(2)(c)

F130 Words in s. 134(1)(b) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(2)(d)

F131 Words in s. 134(2)(a)(iii) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(3)(a)

F132 Words in s. 134(2)(c)(i) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(3)(b)

F133 Words in s. 134(3) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(4)(a)

F134 Words in s. 134(3) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(4)(b)

F135 Words in s. 134(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(5)(a)

F136 Words in s. 134(4) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(5)(b)

F137 S. 134(5) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 10(6)

Commencement Information

I181 S. 134 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

135 Permitted exemption and reduction categories E+W

(1) Regulations may prescribe—

(a) categories of holders of [F138 relevant late night authorisations] [F138 relevant late night alcohol authorisations or relevant late night refreshment authorisations] in relation to whom, if a licensing authority so decides, [F139 the requirement to pay the late night levy is not to apply] [F139 no requirement to pay a late night levy is to apply] (“permitted exemption categories”);

(b) categories of holders of [F140 relevant late night authorisations] [F140 relevant late night alcohol authorisations or relevant late night refreshment authorisations] in relation to whom, if a licensing authority so decides, a reduced amount of [F141 the levy] [F141 a levy] is to apply (“permitted reduction categories”).

(2) References in subsection (1) to a decision of a licensing authority are to a decision by the authority under section 132(1)(b)(ii) or (iii) or 133(1)(c) that the category in question is to apply [F142 in its area].

(3) Without prejudice to section 136(3), categories of holders may be prescribed for this purpose by reference, in particular, to—

(a) participation in arrangements of particular descriptions;

(b) particular descriptions of premises in respect of which authorisations are held.

(4) Regulations under subsection (1) which prescribe permitted reduction categories must also prescribe, in relation to each such category—

(a) what the reduced amount of [F143 the levy] [F143 a levy] is, or

(b) the manner in which the reduced amount of [F144 the levy] [F144 a levy] is to be calculated,

and must provide for the reduced amount of [F145 the late night levy] [F145 a late night levy], or the manner in which it is to be calculated, to be the same[F146 , in respect of all late night levy requirements,] for all holders of [F147 relevant late night authorisations] [F147 relevant late night alcohol authorisations or relevant late night refreshment authorisations] in that category [F148 for a levy year].

Textual Amendments

F138 Words in s. 135(1)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(2)(a)

F139 Words in s. 135(1)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(2)(b)

F140 Words in s. 135(1)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(2)(c)

F141 Words in s. 135(1)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(2)(d)

F142 Words in s. 135(2) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(3)

F143 Words in s. 135(4)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(a)

F144 Words in s. 135(4)(b) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(b)

F145 Words in s. 135(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(c)(i)

F146 Words in s. 135(4) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(c)(ii)

F147 Words in s. 135(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(c)(iii)

F148 Words in s. 135(4) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 11(4)(c)(iv)

Commencement Information

I182 S. 135 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

136 Late night levy: regulations E+W

(1) Any power to make regulations under this Chapter is exercisable by the Secretary of State, but may be exercised only with consent of Treasury.

(2) Regulations may amend any provision made by or under an Act so far as necessary or expedient in consequence of any provision made by or under this Chapter.

(3) Any regulations under this Chapter may—

(a) make different provision for different cases;

(b) make provision subject to exceptions;

(c) make supplemental, incidental, consequential and transitional provision.

(4) Subsection (3) is subject to section 128(4) and 135(4).

Commencement Information

I183 S. 136 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

[F149 136A Late night levy: requests by relevant local policing bodies E+W

(1) The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply.

(2) In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3).

(3) A request must be accompanied by any evidence the relevant local policing body has in support of its request.

(4) In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3).

(5) The licensing authority must publish—

(a) the request, including the evidence accompanying it, and

(b) its response to the request.

(6) The response must include reasons, including an explanation of the outcome of the authority’s consideration of the matters mentioned in section 125(3).

(7) It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).]

Textual Amendments

F149 S. 136A inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 12

137 Interpretation E+W

In this Chapter—

• “club premises certificate” has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);

• “late night levy” means a levy payable under section 127(1);

• [F150 “the late night levy requirement”] [F150 “a late night levy requirement”] has the meaning given by section 125;

• [F151 “late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);]

• “late night supply period”, has the meaning given by section 126;

• “levy year”, in relation to a licensing authority, means a period of one year, beginning with the date specified under section 132(1)(a) or an anniversary of that date, for which [F152 the late night levy requirement] [F152 a late night levy requirement] applies [F153 in the area of the authority];

• “licensing authority” means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);

• “net amount of levy payments” has the meaning given by section 130;

• “payment year”, in relation to the holder of [F154 a relevant late night authorisation] [F154 a late night authorisation to which a late night levy requirement relates], means a year to which any payment of the late night levy by the holder in respect of the authorisation relates;

• “permitted exemption category” and “permitted reduction category” have the meanings given by section 135;

• “premises licence” has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);

• “relevant late night authorisation” has the meaning given by section 126;

• “relevant chief officer of police”, in relation to a licensing authority, means the chief officer of police for the police area which comprises or includes the area of the licensing authority;

• “relevant local policing body”, in relation to a licensing authority, means the local policing body for the police area which comprises or includes the area of the licensing authority;

• “supply of alcohol” has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).

Textual Amendments

F150 Words in s. 137 substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 13(2)

F151 Words in s. 137 inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 13(3)

F152 Words in s. 137 substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 13(4)(a)

F153 Words in s. 137 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 13(4)(b)

F154 Words in s. 137 substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 13(5)

Commencement Information

I184 S. 137 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

138 Crown application E+W

(1) This Chapter binds the Crown and has effect in relation to any premises licence, or club premises certificate, which relates to land in which there is—

(a) an interest belonging to Her Majesty in right of the Crown,

(b) an interest belonging to a government department, or

(c) an interest held in trust for Her Majesty for the purposes of such a department.

(2) This Chapter also applies in relation to any premises licence, or club premises certificate, which relates to—

(a) land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

(b) land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

(3) Provision made by or under this Chapter applies to persons in the public service of the Crown as it applies to other persons.

(4) But nothing in this Chapter affects Her Majesty in Her private capacity.

Commencement Information

I185 S. 138 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

139 Amendments of the Licensing Act 2003 E+W

(1) The Licensing Act 2003 is amended as follows.

(2) In section 55 (fees: premises licences), after subsection (1) insert—

“(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).”

(3) In section 92 (fees: club premises certificates), after subsection (1) insert—

“(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).”

Commencement Information

I186 S. 139 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)

CHAPTER 3 E+W Alcohol disorder zones

140 Alcohol disorder zones: repeal E+W

Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder zones) are repealed.

Commencement Information

I187 S. 140 in force at 31.10.2012 by S.I. 2012/2670, art. 2(c)

Part 3 E+W Parliament Square [F155 etc]

Textual Amendments

F155 Words in Pt. 3 heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(11), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Repeal of SOCPA 2005 provisions E+W

141 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions E+W

(1) Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.

(2) The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005, include public assemblies which started, or were being organised, before this section comes into force.

Commencement Information

I188 S. 141(1) in force at 19.12.2011 for specified purposes by S.I. 2011/2834, art. 2(a)

I189 S. 141(1) in force at 30.3.2012 in so far as not already in force by S.I. 2011/2834, art. 3

I190 S. 141(2) in force at 30.3.2012 by S.I. 2011/2834, art. 3

Controls on activities in Parliament Square [F156 etc] E+W

Textual Amendments

F156 Words in s. 142 cross-heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(10), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

142 Controlled area of Parliament Square E+W

(1) For the purposes of this Part, the “controlled area of Parliament Square” means the area of land that is comprised in—

(a) the central garden of Parliament Square, and

(b) the footways that immediately adjoin the central garden of Parliament Square.

(2) In subsection (1)—

• “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;

• “footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).

Commencement Information

I191 S. 142 in force at 19.12.2011 by S.I. 2011/2834, art. 2(b)

[F157 142A Other controlled areas in vicinity of the Palace of Westminster E+W

(1) For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in—

(a) the highways in the postal district SW1 known as—

(i) Bridge Street,

(ii) St Margaret's Street, and

(iii) Abingdon Street,

(b) so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden,

(c) Old Palace Yard,

(d) Abingdon Street Garden (and its pathways), and

(e) Victoria Tower Gardens.

(2) In subsection (1)—

• “Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;

• “highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act);

• “Old Palace Yard” includes the King George V Memorial.]

Textual Amendments

F157 S. 142A inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

143 Prohibited activities in controlled area of Parliament Square [F158 or in Palace of Westminster controlled area] E+W

(1) A constable or authorised officer who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity may direct the person—

(a) to cease doing that activity, or

(b) (as the case may be) not to start doing that activity.

(2) For the purposes of this Part, a “prohibited activity” is any of the following—

(a) operating any amplified noise equipment in the controlled area of Parliament Square [F159 or in the Palace of Westminster controlled area];

(b) erecting or keeping erected in the controlled area of Parliament Square—

(i) any tent, or

(ii) any other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period;

(c) using any tent or other such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;

(e) using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.

(3) But an activity is not to be treated as a “prohibited activity” within subsection (2) if it is done—

(a) for police, fire and rescue authority or ambulance purposes,

(b) by or on behalf of a relevant authority, or

(c) by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).

(4) In subsection (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to)—

(a) loudspeakers, and

(b) loudhailers.

(5) In subsection (3)(b) “relevant authority” means any of the following—

(a) a Minister of the Crown or a government department,

(b) the Greater London Authority, or

(c) Westminster City Council.

(6) It is immaterial for the purposes of a prohibited activity—

(a) in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;

(b) in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F158 Words in s. 143 heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(3)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F159 Words in s. 143(2)(a) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I192 S. 143 in force at 19.12.2011 by S.I. 2011/2834, art. 2(c)

144 Directions under section 143: further provision E+W

(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues in force until—

(a) the end of such period beginning with the day on which the direction is given as may be specified by the constable or authorised officer giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable or authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the controlled area of Parliament Square[F160 , or the Palace of Westminster controlled area,] can hear or are likely to be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons together, and

(c) may be withdrawn or varied by the person who gave it.

(7) In this section—

• “amplified noise equipment” has the meaning given by section 143(4);

• “direction” means a direction given under section 143(1).

Textual Amendments

F160 Words in s. 144(5) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I193 S. 144 in force at 19.12.2011 by S.I. 2011/2834, art. 2(d)

145 Power to seize property E+W

(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 [F161 in that area].

[F162 (1A) A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.]

(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 [F163 in that area].

[F164 (2A) A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.]

(3) A “prohibited item” is any item of a kind mentioned in section 143(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.

(5) An item seized under this section must be returned to the person from whom it was seized—

(a) no later than the end of the period of 28 days beginning with the day on which the item was seized, or

(b) if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known—

(a) the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.

(8) The references in [F165 this section] to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.

Textual Amendments

F161 Words in s. 145(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F162 S. 145(1A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F163 Words in s. 145(2) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F164 S. 145(2A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(d), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F165 Words in s. 145(8) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(e), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I194 S. 145 in force at 19.12.2011 by S.I. 2011/2834, art. 2(e)

146 Power of court on conviction E+W

(1) The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—

(a) make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;

(b) make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in [F166 a relevant area].

(2) An order under subsection (1)(b) may (in particular) require P not to enter [F167 a relevant area] for such period as may be specified in the order.

[F168 (2A) In this section “relevant area” means an area consisting of either or both of the following areas—

(a) the controlled area of Parliament Square , and

(b) the Palace of Westminster controlled area.]

(3) Power of the court to make an order under this section is in addition to the court's power to impose a fine under section 143(8).

Textual Amendments

F166 Words in s. 146(1)(b) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F167 Words in s. 146(2) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F168 S. 146(2A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I195 S. 146 in force at 19.12.2011 by S.I. 2011/2834, art. 2(f)

147 Authorisation for operation of amplified noise equipment E+W

(1) The responsible authority for any land in the controlled area of Parliament Square [F169 or the Palace of Westminster controlled area] may authorise a person in accordance with this section to operate on that land [F170 (or any part of it)] any amplified noise equipment (as defined by section 143(4)).

(2) An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may—

(a) determine the form in which, and the manner in which, an application is to be made;

(b) specify the information to be supplied in connection with an application;

(c) require a fee to be paid for determining an application.

(4) If an application is duly made to a responsible authority, the authority must—

(a) determine the application, and

(b) give notice in writing to the applicant of the authority's decision within the period of 21 days beginning with the day on which the authority receives the application.

(5) The notice must specify—

(a) the person (or persons) authorised (whether by name or description),

(b) the kind of amplified noise equipment to which the authorisation applies,

(c) the period to which the authorisation applies, and

(d) any conditions to which the authorisation is subject.

(6) The responsible authority may at any time—

(a) withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes—

(a) imposing a new condition,

(b) removing an existing condition, or

(c) altering any period to which a condition applies.

(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

Textual Amendments

F169 Words in s. 147(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(7)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F170 Words in s. 147(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(7)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I196 S. 147 in force at 19.12.2011 by S.I. 2011/2834, art. 2(g)

148 Meaning of “authorised officer” and “responsible authority” E+W

(1) This section applies for the purposes of this Part.

(2) “Authorised officer”, in relation to any land in the controlled area of Parliament Square[F171 , or in relation to any land in the Palace of Westminster controlled area other than Royal Park land,] means—

(a) an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.

(3) “Responsible authority”, in relation to any land in the controlled area of Parliament Square, means—

(a) the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 142(2)), and

(b) Westminster City Council, for any other land.

[F172 (4) “Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means—

(a) the Secretary of State, for any land comprised in Royal Park land;

(b) Westminster City Council, for any other land.

(5) In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.]

Textual Amendments

F171 Words in s. 148(2) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(8)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

F172 S. 148(4)(5) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(8)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I197 S. 148 in force at 19.12.2011 by S.I. 2011/2834, art. 2(h)

149 Effect of Part on byelaws E+W

(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—

“(6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).”.

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square [F173 or the Palace of Westminster controlled area], a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.

Textual Amendments

F173 Words in s. 149(3) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(9), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16

Commencement Information

I198 S. 149 in force at 19.12.2011 by S.I. 2011/2834, art. 2(i)

Part 4 U.K. Miscellaneous

Seizure powers E+W

150 Powers of seizure etc under certain regulations and byelaws E+W

(1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—

“(1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.”.

(2) After section 237 of the Local Government Act 1972 (offences against byelaws) insert—

“237ZA Section 235 byelaws: powers of seizure etc

A byelaw made under section 235 may include provision for or in connection with—

(a) the seizure and retention of any property in connection with any contravention of the byelaw, and

(b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.”.

(3) In section 385 of the Greater London Authority Act 1999 (byelaws), in subsection (4)(b) for “a trading byelaw” substitute “ any byelaw under this section ”.

Commencement Information

I199 S. 150(1)(3) in force at 19.12.2011 by S.I. 2011/2834, art. 2(j)

I200 S. 150(2) in force at 19.12.2011 for E. by S.I. 2011/2834, art. 2(k)

Misuse of drugs U.K.

151 Temporary control of drugs U.K.

Schedule 17 (which makes provision for temporary class drug orders under the Misuse of Drugs Act 1971) has effect.

Commencement Information

I201 S. 151 in force at 15.11.2011 by S.I. 2011/2515, art. 3(d)

152 Advisory Council on the Misuse of Drugs U.K.

In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory Council on the Misuse of Drugs), in paragraph 1—

(a) in sub-paragraph (1), omit the words after “appropriate”, and

(b) omit sub-paragraph (2).

Commencement Information

I202 S. 152 in force at 15.11.2011 by S.I. 2011/2515, art. 3(e)

Arrest warrants E+W

153 Restriction on issue of arrest warrants in private prosecutions E+W

(1) In section 1 of the Magistrates' Courts Act 1980 (issue of summons or warrant), after subsection (4) insert—

“(4A) Where a person who is not a public prosecutor lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.

(4B) In subsection (4A) “public prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003.

(4C) Subsection (4A) applies to—

(a) a qualifying offence which is alleged to have been committed outside the United Kingdom, or

(b) an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.

(4D) In subsection (4C) “qualifying offence” means any of the following—

(a) piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);

(b) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);

(c) an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);

(d) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);

(e) an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);

(f) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);

(g) an offence under section 134 of the Criminal Justice Act 1988 (torture);

(h) an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

(i) an offence under sections 9 to 14 of that Act (hijacking ships etc);

(j) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).

(4E) In subsection (4C) “ancillary offence”, in relation to an offence, means—

(a) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

(b) attempting or conspiring to commit the offence.”.

(2) In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions etc), after subsection (2) insert—

“(2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.”.

Part 5 U.K. Final provisions

154 Orders and regulations U.K.

(1) Any power of the Secretary of State [F174 or the [F175 Minister for the Cabinet Office]] under this Act to make an order or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 31 or 54(2) or paragraph 36(1) (a) or 40 of Schedule 6;

(b) an order under section 50 or 58;

(c) regulations under section 126, 128, 129, 131, 134 or 136(2);

(d) an order under paragraph 24 of Schedule 15 which contains provision amending an Act (whether or not it also contains other provision).

(3) Any other statutory instrument containing an order or regulations under this Act, except an instrument containing only an order specified in subsection (4), is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The orders referred to subsection (3) are those under section 54(1)(b), 55(1), 75 or 157.

(5) An order or regulations made by the Secretary of State [F176 or the [F177 Minister for the Cabinet Office]] under this Act may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

(c) make different provision for different cases, areas or purposes.

Textual Amendments

F174 Words in s. 154(1) inserted (11.3.2014) by The Transfer of Functions (Elections) Order 2014 (S.I. 2014/268), arts. 1(2), 4(3) (with art. 3)

F175 Words in s. 154(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(j) (with art. 12)

F176 Words in s. 154(5) inserted (11.3.2014) by The Transfer of Functions (Elections) Order 2014 (S.I. 2014/268), arts. 1(2), 4(3) (with art. 3)

F177 Words in s. 154(5) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(j) (with art. 12)

155 Money E+W

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred by a Minister of the Crown by virtue of this Act;

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

156 Extent U.K.

(1) This Act extends to England and Wales only.

(2) Subsection (1) is subject to subsections (3) to (6).

(3) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 58 (power to make provision about elections etc),

(b) section 151 and Schedule 17 (temporary class drug orders),

(c) section 152 (Advisory Council on the Misuse of Drugs),

(d) section 154 (orders and regulations) so far as relating to an order under section 58, and

(e) this section and sections 157 and 158 (final provisions).

(4) Section 98 and Schedule 15 apply to England and Wales and Scotland.

(5) The amendments, repeals and revocations made by this Act (so far as not made by provision mentioned in subsection (3)(b) or (c)) have the same extent as the provisions amended, repealed or revoked.

(6) Subsection (5) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 150(1) above (which accordingly extends to England and Wales only).

157 Commencement U.K.

(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) The following provisions come into force on the day on which this Act is passed—

(a) section 58 (power to make provision about elections);

(b) section 153 (restrictions on issue of arrest warrants in private prosecutions);

(c) sections 154 to 158 (final).

(4) Section 150(2), so far as relating to byelaws made by local authorities in Wales, comes into force on such day as the Welsh Ministers may by order appoint.

(5) Section 154(1) and (5)(b) applies to an order of the Welsh Ministers under subsection (4) as it applies to an order of the Secretary of State under this Act.

158 Short title U.K.

This Act may be cited as the Police Reform and Social Responsibility Act 2011.