PART 2Prevention, investigation and prosecution of crime

CHAPTER 1Functions relating to serious violence

Exercise of functions

I2I115Involvement of educational, prison and youth custody authorities

1

An educational, prison or youth custody authority (a “relevant authority”) for a local government area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

2

A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

3

A relevant authority and a specified authority must collaborate with each other as mentioned in subsection (1) or (2) if either the relevant authority or the specified authority requests the other to do so.

4

A relevant authority must carry out any actions which are specified under section 8(5) or 9(5) as actions to be carried out by the authority.

5

A relevant authority for a local government area—

a

may collaborate with another relevant authority for that area to prevent and reduce serious violence in that area, and

b

must collaborate with another relevant authority for that area for those purposes if requested by that other relevant authority to do so.

6

A relevant authority (“RA1”) may collaborate with another relevant authority (“RA2”) to prevent and reduce serious violence in an area which is made up of—

a

all or part of the local government area for which RA1 is a relevant authority, and

b

all or part of the local government area for which RA2 is a relevant authority.

7

A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and a specified authority is not subject to a duty in subsection (3), if or to the extent that compliance with the duty—

a

would be incompatible with any other duty of the authority imposed by an enactment (other than subsection (5)(b)),

b

would otherwise have an adverse effect on the exercise of the authority’s functions,

c

would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates, or

d

would mean that the authority incurred unreasonable costs.

8

In determining whether subsection (7) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.

9

Subsection (7) or (8) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection (3) to the extent that it relates to—

a

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section, or

b

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section.

10

This section does not affect any power to collaborate apart from this section.

11

In this section “enactment” includes—

a

an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

b

an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.