The Crime and Disorder Strategies (Prescribed Descriptions) Order 1998

Statutory Instruments

1998 No. 2452

CRIMINAL LAW, ENGLAND AND WALES

The Crime and Disorder Strategies (Prescribed Descriptions) Order 1998

Made

3rd October 1998

Laid before Parliament

9th October 1998

Coming into force

1st November 1998

In exercise of the powers conferred upon him by section 5(2) and (3) of the Crime and Disorder Act 1998(1), the Secretary of State hereby makes the following Order:

1.  This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 and shall come into force on 1st November 1998.

2.—(1) This article prescribes for the purposes of section 5(2)(c) of the Crime and Disorder Act 1998 the descriptions of persons or bodies with every one of whom responsible authorities are required to act in co-operation in their exercise of the functions conferred by section 6 of that Act.

(2) The following descriptions of persons or bodies are prescribed for those purposes in relation to each local government area–

(a) a parish council in that area, if it is in England;

(b) a community council in that area, if it is in Wales;

(c) a National Health Service Trust established under Part I of the National Health Service and Community Care Act 1990(2) which manages a hospital within the meaning of that Part(3), establishment or other facility in that area;

(d) the governing body of a school, within the meaning of section 4(1) of the Education Act 1996(4), in that area which is maintained by a local education authority;

(e) the proprietor of an independent school, within the meaning of section 463 of that Act, in that area;

(f) the governing body of an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992(5), in that area;

(g) the governing body of an institution within the higher education sector, as defined in that section, in that area.

3.—(1) This article prescribes for the purposes of section 5(3) of the Crime and Disorder Act 1998 the descriptions of persons or bodies at least one of each of which must be invited by responsible authorities to participate in their exercise of the functions conferred by section 6 of that Act.

(2) The following descriptions of persons or bodies are prescribed for those purposes in relation to each local government area–

(a) a social landlord, registered under Part I of the Housing Act 1996(6), which is a landlord of accommodation in that area;

(b) the Drug Action Team or the Drug and Alcohol Action Team established in respect of the area which includes that area;

(c) a Training and Enterprise Council, as defined in paragraph (3) below, which provides assistance to persons who reside within the local government area;

(d) a voluntary organisation operating in that area whose objects are to provide assistance to young persons through youth work or informal education;

(e) the Crown Prosecution Service;

(f) a Court Manager of the Crown Court;

(g) a magistrates' courts committee for an area any part of which is within that area;

(h) a representative of Neighbourhood Watch Schemes in the local government area;

(i) a member of a Victim Support Scheme in that area which is affiliated to the National Association of Victim Support Schemes;

(j) the service police, as defined in paragraph (4) below, where any military establishment is within that area;

(k) the Ministry of Defence police, where any place to which section 2(2) of the Ministry of Defence Police Act 1987(7) applies is within that area;

(l) a body which provides public transport or school transport within that area;

(m) in respect of each of the following descriptions, a body which promotes the interests of, or provides services to, persons of that description within that area–

(i) women;

(ii) the young, including children;

(iii) the elderly;

(iv) the physically and mentally disabled;

(v) those of different racial groups within the meaning of the Race Relations Act 1976(8);

(vi) homosexuals;

(vii) residents;

(n) a body not falling within sub-paragraph (m) above, one of whose purposes is to reduce crime and disorder in that area;

(o) a body established for religious purposes within that area;

(p) a company or partnership which has a place of business within that area;

(q) a body established to promote retail businesses in that area;

(r) a trade union, within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992(9);

(s) a registered medical practitioner who is–

(i) providing general medical services in that area in accordance with arrangements made under section 29 of the National Health Service Act 1977; or

(ii) performing personal medical services in that area in accordance with arrangements made under section 28C of that Act(10);

(t) a body which is representative of registered medical practitioners who are–

(i) providing general medical services in that area; or

(ii) performing personal medical services in that area.

(3) In paragraph (2)(c) above, “Training and Enterprise Council” means a body with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973(11) for the purpose of assisting persons to select, train for, obtain or retain employment.

(4) In paragraph (2)(j) above, “service police” means the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the Royal Air Force Provost Marshal.

Alun Michael

Minister of State

Home Office

3rd October 1998

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order prescribes descriptions of persons or bodies who are required to co-operate with local authorities and chief officers of police in the formulation and implementation of strategies for the reduction of crime and disorder within local government areas. Article 3 prescribes descriptions of persons or bodies, at least one of each of which must be invited to participate in that exercise.

(1)

1998 c. 37.

(2)

1990 c. 19.

(3)

“Hospital” is defined for these purposes in section 128(1) of the National Health Service Act 1977 (c. 49), as amended by section 26(2) of the National Health Service and Community Care Act 1990.

(4)

1996 c. 56. Section 4(1) of the 1996 Act was substituted by section 51 of the Education Act 1997 (c. 44).

(5)

1992 c. 13.

(6)

1996 c. 52.

(7)

1987 c. 4.

(8)

1976 c. 74.

(9)

1992 c. 52.

(10)

By virtue of section 40(3)(a) of the National Health Service (Primary Care) Act 1997 (c. 46), the reference to arrangements made under section 28C is to be read as including reference to pilot schemes.

(11)

1973 c. 50; section 2 of the 1973 Act was substituted by section 25(1) of the Employment Act 1988 (c. 19).