Policing and Crime Act 2017

Local Government and Housing Act 1989 (c. 42) E+W+S

60 E+W+S The Local Government and Housing Act 1989 is amended as follows.

Commencement Information

I1 Sch. 1 para. 60 in force for certain purposes at Royal Assent, see s. 183

I2 Sch. 1 para. 60 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

61 E+W+S In section 1(9) (meaning of politically restricted post under a local authority) at the end insert “ , and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”

Commencement Information

I3 Sch. 1 para. 61 in force for certain purposes at Royal Assent, see s. 183

I4 Sch. 1 para. 61 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

62 (1) Section 4 (designation and reports of head of paid service) is amended as follows. E+W+S

(2) In subsection (4) after paragraph (a) insert—

“(aa) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i) which corresponds to the authority's area, or

(ii) within which the area of the authority falls;”.

(3) After subsection (5A) insert—

“(5B) It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.”

(4) In subsection (6)(a) for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Commencement Information

I5 Sch. 1 para. 62 in force for certain purposes at Royal Assent, see s. 183

I6 Sch. 1 para. 62 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

63 (1) Section 5 (designation and reports of monitoring officer) is amended as follows. E+W+S

(2) In subsection (3) after the second paragraph (a) insert—

“(aa) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i) which corresponds to the authority's area, or

(ii) within which the area of the authority falls;”.

(3) In subsection (5)(a) after sub-paragraph (i) insert—

“(ia) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;”.

(4) In subsection (8)—

(a) in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “ , section 4D(4) of the Fire and Rescue Services Act 2004 ”, and

(b) in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Commencement Information

I7 Sch. 1 para. 63 in force for certain purposes at Royal Assent, see s. 183

I8 Sch. 1 para. 63 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

64 E+W+S In section 21 (interpretation of Part 1) after subsection (1) insert—

“(1A) In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

(1B) In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.”

Commencement Information

I9 Sch. 1 para. 64 in force for certain purposes at Royal Assent, see s. 183

I10 Sch. 1 para. 64 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

65 E+W+S In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—

“(fa) a fire and rescue authority created by an order under section 4A of that Act;”.

Commencement Information

I11 Sch. 1 para. 65 in force for certain purposes at Royal Assent, see s. 183

I12 Sch. 1 para. 65 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

66 E+W+S In section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—

“(ha) a fire and rescue authority created by an order under section 4A of that Act;”.

Commencement Information

I13 Sch. 1 para. 66 in force for certain purposes at Royal Assent, see s. 183

I14 Sch. 1 para. 66 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38

67 E+W Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—

“(ha) a fire and rescue authority created by an order under section 4A of that Act;”.

Commencement Information

I15 Sch. 1 para. 67 in force for certain purposes at Royal Assent, see s. 183

I16 Sch. 1 para. 67 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38