- Latest available (Revised)
- Point in Time (19/12/2011)
- Original (As enacted)
No versions valid at: 19/12/2011
Point in time view as at 19/12/2011. This version of this schedule contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Police Reform and Social Responsibility Act 2011, SCHEDULE 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 22/11/2012
Section 26
1(1)A police and crime commissioner may not issue a precept under section 40 of the Local Government Finance Act 1992 for a financial year until the end of the scrutiny process is reached.E+W
(2)The end of the scrutiny process is reached when—
(a)in a case where paragraph 5 applies, the police and crime commissioner gives the police and crime panel a response to the panel's report; or
(b)in a case where paragraph 6 applies, the end of the process is reached in accordance with regulations under paragraph 8.
(3)References in this Schedule to the issuing of a precept include references to the issuing of a substitute precept.
2E+WThe police and crime commissioner must notify the relevant police and crime panel of the precept which the commissioner is proposing to issue for the financial year (the “proposed precept”).
3(1)The police and crime panel must review the proposed precept notified to it under paragraph 2.E+W
(2)The panel must make a report to the commissioner on the proposed precept.
(3)The report may include recommendations, including recommendations as to the precept that should be issued for the financial year.
4(1)The police and crime panel may, having reviewed the proposed precept, veto the proposed precept.E+W
(2)If the panel vetoes the proposed precept, the report made under paragraph 3 must include a statement that the panel has vetoed it.
(3)References in this Schedule to a police and crime panel vetoing a proposed precept are references to the panel making a decision, by the required majority, that the proposed precept should not be the precept for the financial year.
(4)For that purpose, the panel makes that decision by the required majority if at least two-thirds of the persons who are members of the panel at the time when the decision is made vote in favour of making that decision.
5(1)This paragraph applies if the police and crime panel does not veto the proposed precept.E+W
(2)The police and crime commissioner must—
(a)have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),
(b)give the panel a response to the report (and any such recommendations), and
(c)publish the response.
(3)The police and crime commissioner may—
(a)issue the proposed precept as the precept for the financial year, or
(b)issue a different precept, but only if it would be in accordance with a recommendation made in the report to do so.
(4)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 sub-paragraph (2)(c).
6(1)This paragraph applies if the police and crime panel vetoes the proposed precept.E+W
(2)The police and crime commissioner must not issue the proposed precept as the precept for the financial year.
(3)The police and crime commissioner must—
(a)have regard to the report made by the panel under paragraph 3 (including any recommendations in the report),
(b)give the panel a response to the report (and any such recommendations), and
(c)publish the response.
(4)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 sub-paragraph (3)(c).
(5)Sub-paragraph (2) is subject to regulations under paragraph 8.
7(1)The Secretary of State may make regulations about—E+W
(a)the steps that are required to be taken by paragraphs 2 to 6, and
(b)procedures that are to be followed in taking such steps.
(2)The regulations may, in particular, make provision about the time limits applicable in taking steps or following procedures.
8(1)The Secretary of State may make regulations about the issuing of precepts in cases where paragraph 6 applies.E+W
(2)The regulations may make provision about—
(a)steps to be taken, and
(b)procedures to be followed.
(3)That includes provision about the time limits applicable in taking steps or following procedures.
(4)The regulations may make provision about limits on the precept that may be issued.
(5)That includes provision about the calculation of limits by reference to—
(a)one or more previous precepts,
(b)the proposed precept, or
(c)any other matters.
(6)The regulations may confer functions on—
(a)police and crime commissioners,
(b)police and crime panels,
(c)the Secretary of State, or
(d)any other person.
(7)That includes functions involving the exercise of a discretion.
(8)Sub-paragraphs (2) to (7) do not limit the power conferred by sub-paragraph (1).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: