Part 1 U.K.Police reform

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)

CHAPTER 3 E+WFunctions of elected local policing bodies etc

Other provisions about functions E+W

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;

[F1 (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);

[F2 (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

F1 S. 19(3)(aa) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 23(3), 183(1)(5)(e); S.I. 2020/5, reg. 2(j) (with art. 3(1)(2)(4))

F2 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

I1 S. 19 in force at 16.1.2012 by S.I. 2011/3019, art. 3, Sch. 1 (with art. 6, Sch. 2 para. 2)