Policing and Crime Act 2017

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

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

Commencement Information

I1 Sch. 2 para. 85 in force for specified purposes at Royal Assent, see s. 183

I2 Sch. 2 para. 85 in force at 22.3.2018 in so far as not already in force by S.I. 2018/227, reg. 3(1)(d)(ii)

86 E+W+S In section 1(9) (meaning of politically restricted post under a local authority) for “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” (as inserted by paragraph 61 of Schedule 1) substitute “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 and every member of staff of the London Fire Commissioner”.

Commencement Information

I3 Sch. 2 para. 86 in force for specified purposes at Royal Assent, see s. 183

I4 Sch. 2 para. 86 in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)(i)

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

(2) In subsection (4) after paragraph (aa) (as inserted by paragraph 62(2) of Schedule 1) insert—

“(ab) in the case of the London Fire Commissioner, to the Commissioner;”.

(3) After subsection (5B) (as inserted by paragraph 62(3) of Schedule 1) insert—

“(5C) It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.”

(4) In subsection (6)(a) for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 62(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

Commencement Information

I5 Sch. 2 para. 87 in force for specified purposes at Royal Assent, see s. 183

I6 Sch. 2 para. 87 in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)

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

(2) In subsection (3) after paragraph (aa) (as inserted by paragraph 63(2) of Schedule 1) insert—

“(ab) in the case of the London Fire Commissioner, to the Commissioner;”.

(3) In subsection (5)(a) after sub-paragraph (ia) (as inserted by paragraph 63(3) of Schedule 1) insert—

“(ib) in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;”.

(4) In subsection (8) in paragraph (a) of the definition of “relevant authority” for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 63(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

Commencement Information

I7 Sch. 2 para. 88 in force for specified purposes at Royal Assent, see s. 183

I8 Sch. 2 para. 88 in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)

89 (1) Section 21 (interpretation of Part 1) is amended as follows. E+W+S

(2) In subsection (1)(i) omit “or the London Fire and Emergency Planning Authority”.

(3) After subsection (1B) (as inserted by paragraph 64 of Schedule 1) insert—

“(1C) In the following provisions of this Part references to a local authority include the London Fire Commissioner—

(a) section 7 (all staff to be appointed on merit), and

(b) section 10 (limit on paid leave for local authority duties).

(1D) In the application of section 1(1) to the London Fire Commissioner by virtue of subsection (1C) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining the London Fire Commissioner.”

Commencement Information

I9 Sch. 2 para. 89 in force for specified purposes at Royal Assent, see s. 183

I10 Sch. 2 para. 89(1) in force at 22.3.2018 in so far as not already in force by S.I. 2018/227, reg. 3(1)(d)(ii)

I11 Sch. 2 para. 89(2) in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)

I12 Sch. 2 para. 89(3) in force at 22.3.2018 for specified purposes by S.I. 2018/227, reg. 3(1)(d)(iii)

90 E+W+S In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) for paragraph (n) substitute—

“(n) the London Fire Commissioner.”

Commencement Information

I13 Sch. 2 para. 90 in force for specified purposes at Royal Assent, see s. 183

I14 Sch. 2 para. 90 in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)

91 E+W+S In section 155(1A) (emergency financial assistance to local authorities: expenditure treated as incurred by Greater London Authority) for paragraph (a) substitute—

“(a) the London Fire Commissioner,”.

Commencement Information

I15 Sch. 2 para. 91 in force for specified purposes at Royal Assent, see s. 183

I16 Sch. 2 para. 91 in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, reg. 4(c)