The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015

Article 5

SCHEDULE CONSEQUENTIAL AMENDMENTS

Police Reform and Social Responsibility Act 2011 (c. 13)

1.—(1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In the following provisions, after “Secretary of State” in each place insert “or the Chancellor of the Duchy of Lancaster”—

(a) section 50(4) (power to specify different day for PCC election);

(b) section 58(5) (power to modify enactments relating to elections);

(c) section 65(3) (power to make provision about reference to an entity under the control of a local policing body etc);

(d) section 66(8) (power to make provision about reference to an entity under the control of a relevant council);

(e) section 70(1)(a) (power to specify form for declaration of acceptance of office of PC commissioner);

(f) section 71(6) (judicial proceedings as to disqualification or vacancy: power to specify different sum as security for costs of proceedings);

(g) section 75(1) (duty to designate a local authority for each police area other than the metropolitan police district).

(3) In section 55 (returning officers: expenditure)—

(a) in subsections (1)(b), (4) and (6) to (11), for “Secretary of State” in each place substitute “Minister”, and

(b) in subsection (12)—

(i) after the definition of “local returning officer” insert—

““the Minister” means the Secretary of State or the Chancellor of the Duchy of Lancaster;”, and

(ii) in paragraph (b) of the definition of “returning officer”, for “that section” substitute “section 54”.

(4) Omit section 58(5A)(1).

Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917)

2.—(1) The Police and Crime Commissioner Elections Order 2012 is amended as follows.

(2) In article 2(1) (interpretation), after the definition of “local returning officer” insert—

““the Minister” means the Secretary of State or the Chancellor of the Duchy of Lancaster;”.

(3) In the following provisions, for “Secretary of State” in each place substitute “Minister”—

(a) article 6(1) and (2) (discharge of registration duties);

(b) article 16(1) (loan of equipment for PCC elections);

(c) article 36(1) (power to vary provisions about candidate election expenses);

(d) article 52(1)(2) and (4) (publication of candidates’ election addresses);

(e) article 64(7) (power to make regulations about details required to appear on election publications);

(f) paragraphs 21(6) and 59(5) of Schedule 2 (absent voting in PCC elections);

(g) paragraph 62(4)(a) of Schedule 3 (rules for conduct of PCC elections where poll not combined with another poll);

(h) paragraph 3(4) of Schedule 5 (control of donations to candidates);

(i) in Schedule 7 (candidate election expenses), paragraphs 15(2) to (7) and 16(1) and (3);

(j) in Schedule 8 (election addresses of candidates), paragraphs 6(1)(c), 7(5) and (6), 8(1) and (2) (including the heading to paragraph 8), 9(1) and (4), 10(1)(a), 12(1), (2)(d) and (6)(c) and 13(1) to (4)(3);

(k) in Part 1 of Schedule 9 (application to PCC elections of existing provisions about legal proceedings), in the second column of the table, the modifications relating to sections 131(1), 132(2), 133(1) and 181(5) and (6) of the Representation of the People Act 1983;

(l) paragraph 1(3) of Schedule 10 (access to marked registers and other documents open to public inspection after an election).

Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (S.I. 2012/2088)

3.  In regulation 3 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (address for submission of accounts), after “Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”.

(1)

Section 58(5A) was inserted by S.I. 2014/268, art. 4(2) and amended by S.I. 2015/1376, Sch. 2.

(2)

Article 52(1) was amended by S.I. 2014/1963, art. 3.

(3)

Paragraph 13(4) of Schedule 8 was amended by S.I. 2014/1963, art. 4.