SCHEDULE 1Modifications of police and crime commissioner enactments in their application to the mayor
PART 1Primary Legislation
Police (Property) Act 18971
1
The Police (Property) Act 189719 is modified as follows.
2
In section 2(2A), for the last reference to “relevant body” substitute “combined authority”.
Trustee Investments Act 19612
1
The Trustee Investments Act 196120 is modified as follows.
2
In paragraph 9 of Part 2 of Schedule 1, for “similar officer of the authority” substitute “similar officer of the combined authority deployed wholly or partly in relation to the PCC functions of the mayor”.
Pensions (Increase) Act 19713
1
The Pensions (Increase) Act 197121 is modified as follows.
2
In paragraph 51(aa) of Schedule 2, for “a police and crime commissioner” substitute “the police and crime commissioner for Greater Manchester or of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions”.
Local Government (Miscellaneous Provisions) Act 19764
1
The Local Government (Miscellaneous Provisions) Act 197622 is modified as follows.
2
In section 29(1)23, for “or transferred to the authority”, substitute “to the mayor, or transferred to the combined authority in relation to the mayor’s PCC functions.”.
3
In section 30(3)(a)24, for “maintained by a local authority”, substitute “maintained by the mayor of the combined authority”.
4
In section 44(1), in paragraph (a)25 of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “13, 14, 16, 29 and 38”.
Local Government, Planning and Land Act 19805
1
The Local Government, Planning and Land Act 198026 is modified as follows.
2
In section 99—
a
After subsection (2), insert—
2A
Where a notice under subsection (1) is received by the combined authority and it relates to land used wholly or partly in relation to the mayor’s PCC functions, the mayor is to make any representations (referred to in subsection (2)) on behalf of the combined authority to the Secretary of State.
Dartford-Thurrock Crossing Act 19886
1
The Dartford-Thurrock Crossing Act 198829 is modified as follows.
2
In section 19(a)(i), for “a local policing body” substitute “the combined authority for use in relation to the exercise of the mayor’s PCC functions”.
Local Government Finance Act 19887
1
The Local Government Finance Act 198830 is modified as follows.
2
In section 11431—
a
for subsection (4)(b)(i) substitute—
i
a report relating to the mayor’s PCC functions, each member of the combined authority (including the mayor) and each member of the police and crime panel for the mayor’s area;
b
in subsection (8A)(b)32, for “relevant authority”, substitute “mayor”.
3
In section 115—
a
subsection (1B)33 for “elected local policing body, that body”, substitute “of the combined authority in relation to the mayor’s PCC functions, the mayor (“the body”)”;
b
in subsection (1F)(b), for “elected local policing body’s” substitute “combined authority’s”;
c
in subsection (2)34, for “any authority other than an elected local policing body”, substitute “any report other than one relating to the mayor’s PCC functions”.
4
For section 116(2B)35, substitute:
2B
In the case of the mayor, the chief finance officer of the combined authority must notify the auditor of the combined authority of any decision taken by the mayor in accordance with section 115
Road Traffic Act 19888
1
The Road Traffic Act 198836 is modified as follows.
2
In section 144(2)(b)—
a
for “a local policing body” substitute “the combined authority for use in relation to the mayor’s PCC functions”;
b
for “a police and crime commissioner’s staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” substitute “the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions”.
Local Government and Housing Act 19899
1
The Local Government and Housing Act 198937 is modified as follows.
2
In section 1—
a
in subsection (9)38, for “an elected local policing body” substitute “the combined authority deployed predominantly in relation to the mayor’s PCC functions”;
b
in subsection (10)39, for “an elected local policing body does not include a deputy police and crime commissioner” substitute “the combined authority deployed predominantly in relation to the mayor’s PCC functions does not include the deputy mayor for policing and crime.”.
3
In section 4—
a
omit subsections (1) and (1A)40;
b
for subsection (4)41 substitute—
4
It shall be the duty of the head of the combined authority’s paid service, as soon as practicable after he has prepared a report relating to the mayor’s PCC functions under this section, to arrange for a copy of it to be sent to the members of the combined authority (including the mayor) and to the police and crime panel.
c
in subsection (5)42, omit “(other than an elected local policing body)”;
d
in subsection (5A)43, for “by the head of the body’s paid service” substitute “that relates to the mayor’s PCC functions”.
4
In section 5—
a
omit subsection (1C)44;
b
for subsection (3)(b)(a)45, substitute—
a
in the case of a report relating to the mayor’s PCC functions, to the members of the combined authority (including the mayor) and to the police and crime panel; and
c
in subsection (5)—
i
for “a relevant authority” substitute “the mayor”;
ii
in paragraph (a)46—
aa
in sub-paragraph (i), omit “in the case of an elected local policing body”;
bb
omit sub-paragraph (ii);
d
in subsection (8)47, in the definition of “relevant authority” omit “and an elected local policing body”.
5
Omit section 7(1)(aa)48.
6
Omit section 13(5ZA)49.
Police Act 199610
1
The Police Act 1996 Act50 is modified as follows.
2
In section 22A(9)(a)51, for “that body” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions”.
3
In section 4152—
a
in subsection (1), for “commissioner’s council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “PCC component”;
b
in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government and Finance Act 1992”, substitute “determination by the mayor of the final amount of the PCC component”.
4
In section 53E53—
a
in subsection (1)(a), for “a local policing body” substitute “the combined authority and are deployed wholly or partly in relation to the mayor’s PCC functions”;
b
in subsection (1)(b), for “the body” substitute “the combined authority”;
5
In section 8854—
a
in subsection (5A)55, for the first reference to “local policing body” substitute “combined authority deployed wholly or partly in relation to the mayor’s PCC functions”;
b
in subsection (6)(a)56, for “local policing body” substitute “combined authority deployed wholly or partly in relation to the mayor’s PCC functions”.
6
In section 92(1)57, for “parish or community” substitute “parish, community, or combined authority”.
7
In section 96(1B)58, for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “PCC component is determined by the mayor”.
Police Reform Act 200211
1
The Police Reform Act 2002 Act59 is modified as follows.
2
In section 40(7)(d)60, for “local policing body” substitute “combined authority and are deployed wholly or partly in relation to the mayor’s PCC functions”.
3
In section 42(7)61—
a
for the first reference to “local policing body” substitute “combined authority deployed wholly or partly in relation to the mayor’s PCC functions”;
b
for the second reference to “local policing body” substitute “combined authority”;
c
for “or body” substitute “or authority”.
Proceeds of Crime Act 200212
1
The Proceeds of Crime Act 200262 is modified as follows.
2
For section 55(8)(aa) substitute—
aa
a member of the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions;
Local Government Act 200313
1
The Local Government Act 200363 is modified as follows.
2
In section 7—
a
in subsection (1)(a), for “its part”, substitute “the part of the combined authority”;
b
in subsection (2), for “on the part of the authority”, substitute “on the part of the combined authority”.
Railways and Transport Safety Act 200314
1
The Railways and Transport Safety Act 200364 is modified as follows.
2
For paragraph 7(2)(c) of Schedule 4, substitute—
c
a member of staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions.
Local Government and Public Involvement in Health Act 200715
1
The Local Government and Public Involvement in Health Act 200765 is modified as follows.
2
For section 15(1)(a), substitute—
a
for the transfer of functions, property, rights or liabilities from a local authority, combined authority in relation to the mayor’s PCC functions, or local policing body for any area to another local authority, combined authority in relation to the mayor’s PCC functions, or local policing body whose area consists of or includes the whole or part of that area;
Local Democracy, Economic Development and Construction Act 200916
1
The 2009 Act is modified as follows.
2
In paragraph 9(1)(a) of Schedule 5B66, for “or deputy mayor” substitute “, deputy mayor or deputy mayor for policing and crime”.
Police Reform and Social Responsibility Act 2011
17
The 2011 Act is modified as follows.
18
In section 567—
a
in subsection (1), for “ordinary election” substitute “election for the return of a mayor”;
b
in subsection (13)—
i
in the definition of “financial year”, for “year of the police and crime commissioner” substitute “year of the combined authority”;
ii
omit the definition of “ordinary election”.
19
In section 7(7)68—
a
in the definition of “financial year”, for “year of the elected local policing body” substitute “year of the combined authority”
b
omit the definition of “ordinary election”;
c
in the definition of “planning period” for “ordinary election” substitute “election for the return of a mayor”;
d
in the definition of “qualifying day” for “ordinary election” substitute “election for the return of a mayor”.
20
In section 16—
a
for subsection (1), substitute—
1
This section applies where the mayor is required or authorised by any Act—
a
to appoint a person to a specified post in the combined authority; or
b
to designate a person as having a specified duty or responsibilities,
in connection with the exercise of the mayor’s PCC functions.
b
in subsection (2), for “the body” substitute “the combined authority”.
21
In section 1869—
a
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
b
in subsection (6)—
i
after paragraph (d), insert—
da
a deputy mayor under section 107C of the 2009 Act;
ii
after paragraph (h), insert—
i
the combined authority.
c
in subsection (7)—
i
for paragraph (f), substitute—
f
calculating the PCC component.
ii
omit paragraphs (g) and (h)70;
iii
for subsection (10), substitute—
10
The deputy mayor for policing and crime is a member of staff of the combined authority, unless they are a member of the combined authority.
22
In section 21, after subsection (3) insert—
3A
Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred in or otherwise relates to, the exercise of the mayor’s PCC functions.
23
In section 28—
a
omit subsections (1A) and (1B)71;
b
in subsection (6)(a), after “police and crime commissioner” insert “, the deputy mayor for policing and crime and any other person who exercises any function of the mayor pursuant to arrangements made under section 18”.
24
In section 29—
a
for subsection (1), substitute—
1
A police and crime panel may require—
a
the mayor;
b
the deputy mayor for policing and crime;
c
members of staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions; and
d
any members of the combined authority who exercise any function of the mayor pursuant to arrangements made under section 18,
to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.
b
for subsection (2), substitute—
2
Nothing in subsection (1) requires a person to give any evidence, or produce any document, which discloses advice given to—
a
the mayor in relation to the mayor’s PCC functions;
b
the deputy mayor for policing and crime; or
c
a member of the combined authority who exercises any function of the mayor pursuant to arrangements made under section 18.
c
for subsection (5), substitute—
5
Any person referred to in subsection (1)(b), (c) or (d) must comply with any requirement imposed on them under that subsection.
d
in subsection (6), after “commissioner” insert “or “the deputy mayor for policing and crime”.
25
In section 30—
a
in subsection (1), for “relevant police and crime commissioner” substitute “the mayor so far as acting in the exercise of PCC functions”;
b
for subsection (3), substitute—
3
For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the mayor is to be treated as holding that office during that suspension.
26
In subsection 31(3), for paragraphs (b) to (d) substitute—
b
deputy mayor for policing and crime.
27
In section 62—
a
for subsection (1), substitute—
1
The police and crime panel must appoint a person to exercise the mayor’s PCC’s functions (the “acting commissioner”) if the mayor is suspended from the exercise of PCC functions in accordance with section 30.
b
in subsection (2), for “member of the police and crime commissioner’s staff” substitute “member of the staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions or the deputy mayor for policing and crime”;
c
after subsection (2), insert—
2A
The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the 2009 Act.
d
omit subsection (3);
e
for subsection (5), substitute—
5
Any property or rights vested in the combined authority in relation to the mayor’s PCC functions can be dealt with by the acting commissioner.
f
omit subsection (6)(c);
g
in subsection (7)—
i
omit “incapacitated or”;
ii
omit “(6)(c) or”;
h
omit subsection (8).
28
For section 63, substitute—
1
Subsection (2) applies where—
a
the deputy mayor is appointed under section 107C of the 2009 Act to act for the mayor because the mayor is unable to act; and
b
the mayor does not cease to be unable to act during the period of 6 months beginning with the day on which the acting mayor was appointed.
2
At the end of that 6 month period—
a
the mayor ceases to be the mayor, and
b
accordingly, the office of mayor becomes vacant.
29
For section 64(3) to (4A)72, substitute—
3
A person is disqualified from being elected at an election held under the 2016 Order if—
a
the person has been nominated as a candidate for election as police and crime commissioner for an election for any other police area at an ordinary election, and
b
the ordinary election is held on the same day as the election to return the mayor.
4
A person is disqualified from being elected as the mayor at an election other than an election held under the 2016 Order if—
a
the person is the police and crime commissioner for any other police area; or
b
the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.
30
In section 65—
a
in subsection (1)(e)73, insert after paragraph (ii)—
iii
the combined authority.
b
for subsection (1A)74, substitute—
1A
Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime—
a
from being elected as mayor at an election held under the 2016 Order;
b
from being elected at an election held otherwise than under the 2016 Order to fill a vacancy in the office of mayor if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.
31
In section 70—
a
for subsection (1), substitute—
1
A person elected to the office of mayor may not exercise police and crime commissioner functions unless that person has made the specified declaration to the appropriate officer.
b
omit subsection (2);
c
in subsection (5), for “office” substitute “the duty of exercising police and crime commissioner functions as mayor”;
d
for subsection (6), substitute—
6
In this section—
“appropriate officer” means the person designated as the head of paid service by the combined authority under section 4(1)(a) of the Local Government Act 1989;
“specified declaration” means the following declaration—
I [Full Name] of [Place] do hereby declare that I accept the duty of exercising Police and Crime Commissioner functions as Greater Manchester Mayor.
In making this declaration, I solemnly and sincerely promise that in exercising Police and Crime Commissioner functions:
I will serve all the people of Greater Manchester.
I will act with integrity and diligence in my role and, to the best of my ability, will execute my duties to ensure that the police are able to cut crime and protect the public.
I will give a voice to the public, especially victims of crime, and work with other services to ensure the safety of the community and effective criminal justice.
I will take all steps within my power to ensure transparency of my decisions, so that I may be properly held to account by the public.
I will not interfere with the operational independence of police officers.
e
omit subsection (7).
32
In Schedule 1—
a
for paragraph 1, substitute—
1
This Schedule applies in relation to the mayor in the exercise of PCC functions.
b
for paragraph 4, substitute—
4
1
The mayor must make authorised pension payments.
2
In this paragraph “authorised pension payments” means—
a
pensions to, or in respect of, persons who have been the police and crime commissioner for Greater Manchester, and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for Greater Manchester,
which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.
c
in paragraph 5(2), for “any of paragraphs 2 to” substitute “paragraph”;
d
in paragraph 875—
i
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
ii
for sub-paragraph (3) and (3A), substitute—
3
The terms and conditions of a person appointed as the deputy mayor for policing and crime must ensure that the person’s term of office ends no later than the third day after the day of the poll at an election for the return of a mayor76.
3A
The terms and conditions must also provide for the deputy mayor for policing and crime’s appointment to end when, following an election held to fill a vacancy in the office of the appointing mayor, the person elected makes and delivers a declaration under section 70.
e
for paragraph 9(1), substitute—
1
The mayor must notify the police and crime panel of each proposed appointment by the mayor of a deputy mayor for policing and crime.
f
in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “election for the return of the mayor”;
g
for paragraph 13, substitute—
13
1
The mayor may pay —
a
remuneration, allowances and gratuities to members of the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions; and
b
to the deputy mayor for policing and crime where that person is not a member of staff of the combined authority, allowances and gratuities.
2
The mayor may pay—
a
pensions to, or in respect of, persons who have been members of the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions; and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been members of the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions.
3
In this paragraph “allowances”—
a
in relation to a member of the combined authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment in relation to such functions; and
b
in relation to a deputy mayor for policing and crime who is not a member of the combined authority’s staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person’s duties as deputy mayor for policing and crime.
h
for paragraph 15(2), substitute—
2
A person who is—
a
a member of staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions; or
b
a member of the combined authority exercising the mayor’s PCC functions;
has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the mayor’s PCC functions as a member of staff or as a member of the combined authority, unless it is shown to have been done otherwise than in good faith.
i
for paragraph 16, substitute—
16
References to the financial year of the mayor are to be read as if they were references to the financial year of the combined authority.
33
In Schedule 5—
a
in paragraph 1—
i
for sub-paragraph (1), substitute—
1
The mayor may not determine the final amount of the PCC component for a financial year until the end of the scrutiny process is reached
ii
for sub-paragraph (3), substitute—
3
References in this Schedule to the determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.
b
in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “the proposed amount of the PCC component”;
c
in paragraph 3(3), for “the precept that should be issued” substitute “the amount of the PCC component”;
d
in paragraph 4(3), for “precept for the financial year” substitute “PCC component for the financial year”;
e
in paragraph 5(3)—
i
in paragraph (a), for “issue the proposed precept as the precept” substitute “determine that the proposed amount of the PCC component is the final amount of the PCC component”;
ii
in paragraph (b), for “issue a different precept” substitute “determine a different PCC component”;
f
in paragraph 6(2), for “issue the proposed precept as the precept” substitute “determine that the proposed PCC component is to be the PCC component”;
g
in paragraph 8—
i
in sub-paragraph (1), for “issuing of precepts” substitute “determining the amount of the PCC component”;
ii
in sub-paragraph (4), for “precept that may be issued” substitute “amount of the PCC component”.
34
In Schedule 677—
a
for paragraph 21, substitute—
21
The mayor, a member of the combined authority appointed by the constituent councils, or substitute members acting in place of those members may not be a member of the police and crime panel for the area.
b
in paragraph 22(a), for the words “police and crime commissioner for that police area” substitute “combined authority”;
35
In Schedule 7—
a
in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime (unless the holder of that office is a member of the combined authority)”;
b
for paragraph 4, substitute—
4
1
This paragraph applies in relation to qualifying complaints which—
a
relate to a holder of the office of—
i
mayor; or
ii
deputy mayor for policing and crime, if the holder of that office is a member of the combined authority, and
b
are not, or cease to be, investigated by the Independent Police Complaints Commission or a police force.
2
Regulations must secure that such complaints are dealt with in accordance with the combined authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.
36
In Schedule 8—
a
for paragraph 4(10), substitute—
10
For that purpose, “relevant post-election period” means the period that—
a
begins with the day of the poll at an election for the return of the mayor; and
b
ends with the day on which the person elected as mayor delivers a declaration under section 70.
b
for paragraph 15(8), substitute—
8
For that purpose, “relevant post-election period” means the period that—
a
begins with the day of the poll at an election for the return of the mayor; and
b
ends with the day on which the person elected as mayor delivers a declaration under section 70.
Local Audit and Accountability Act 201437
1
The Local Audit and Accountability Act 201478 is modified as follows.
2
In Schedule 4—
a
for paragraph 2(4)(a), substitute—
a
cases where the relevant authority referred to in the opening words of sub-paragraph (2) (the “relevant authority concerned”) is a combined authority where the mayor exercises PCC functions;
b
for paragraph 2(5), substitute—
5
Where the relevant authority concerned is a combined authority where the mayor exercises PCC functions, references to “the authority” include the chief constable for the area.
PART 2Secondary Legislation
Motor Vehicles (Third Party Risks) Regulations 197238
1
The Motor Vehicles (Third Party Risks) Regulations 197279 are modified as follows.
2
For regulation 7(3), substitute—
3
in the case of a motor vehicle owned by the combined authority for use wholly or partly in relation to the mayor’s PCC functions, a certificate in Form F signed by some person authorised in that behalf by the mayor that the motor vehicle is owned by the combined authority for use in relation to the mayor’s PCC functions.
Official Secrets Act 1989 (Prescription) Order 199039
1
The Official Secrets Act 1989 (Prescription) Order 199080 is modified as follows.
2
In Schedule 2, for “a Deputy police and crime commissioner”, substitute “a Deputy mayor for policing and crime”.
Police (Disposal of Sound Equipment) Regulations 199540
1
The Police (Disposal of Sound Equipment) Regulations 199581 and modified as follows.
2
In regulation 4(4), for “local policing body” substitute “combined authority”.
Police (Property) Regulations 199741
1
The Police (Property) Regulations 199782 are modified as follows.
2
In regulation 6(6), for “relevant authority” substitute “combined authority”.
3
In regulation 7(1), for “vest in them” substitute “vest in the combined authority”.
Health and Safety (Enforcing Authority) Regulations 199842
1
The Health and Safety (Enforcing Authority) Regulations 199883 are modified as follows.
2
In regulation 4(3)(d), for “a local policing body” substitute “the combined authority in relation to the mayor’s PCC functions”.
Motor Vehicles (Driving Licences) Regulations 199943
1
The Motor Vehicles (Driving Licences) Regulations 199984 are modified as follows.
2
In regulation 23(1)(c)(ii)85, for “local policing body or” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions or a”.
3
In regulation 24(1)(d)(ii)86, for “local policing body or” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions or a”.
4
In regulation 58(2)(c)(ii)87, for “local policing body” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions”.
Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 199944
1
The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 199988 is modified as follows.
2
For paragraph 2 of Section 6 of Schedule 1, substitute—
2
The combined authority in relation to employees deployed wholly or partly in relation to the mayor’s PCC functions.
Motor Vehicles (Access to Driver Licensing Records) Regulations 200145
1
The Motor Vehicles (Access to Driver Licensing Records) Regulations 200189 are modified as follows.
2
In regulation 3(2), for “local policing body or” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions or a”.
Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 200146
1
The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 200190 are modified as follows.
2
In regulation 2(1)(b), for “a local policing body or” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions or a”.
Police Regulations 200347
1
The Police Regulations 200391 are modified as follows.
2
In regulation 7(7)(a), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011” substitute “the deputy mayor for policing and crime”.
3
In regulation 24(1)(b), for “local policing body” substitute “combined authority deployed wholly or partly in relation to the mayor’s PCC functions”.
Docking of Working Dogs’ Tails (England) Regulations 200748
1
The Docking of Working Dogs’ Tails (England) Regulations 200792 are modified as follows.
2
In regulation 2, for the definition of “police identification” substitute—
“police identification” means evidence that the person presenting the identification is—
- a
a police officer;
- b
employed by the combined authority and deployed wholly or partly in relation to the mayor’s PCC functions;
- c
contracted to work for the mayor in relation to the mayor’s PCC functions; or
- d
contracted to work for, or otherwise employed by, the chief officer of police.
REACH Enforcement Regulations 200849
1
The Reach Enforcement Regulations 200893 are modified as follows.
2
In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “the combined authority in relation to the mayor’s PCC functions”.
Elected Local Policing Bodies (Specified Information) Order 201150
1
The Elected Local Policing Bodies (Specified Information) Order 201194 is modified as follows.
2
In article 1(2)—
a
for the definition of “election” substitute—
“election” means an election for the return of a mayor;”
b
in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
c
for the definition of “senior employee”, substitute—
“senior employee” means a member of staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions and whose salary exceeds £50,000;
d
for the definition of “staff”, substitute—
“staff” means members of staff employed by the combined authority deployed wholly or partly in relation to the mayor’s PCC functions but does not include the deputy mayor for policing and crime.”
3
In the Schedule—
a
in paragraph 2—
i
omit the first reference to “of the elected local policing body”;
ii
for each of the remaining two references to “elected local policing body” substitute “combined authority”;
b
in paragraph 395—
i
for sub-paragraph (b), substitute—
b
the PCC component;
ii
in sub-paragraph (c), for “the precept” substitute “the PCC component”;
c
in paragraph 496—
i
for the first reference to “elected local policing body”, substitute “combined authority in relation to the mayor’s PCC functions”;
ii
in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “by the combined authority in relation to the mayor’s PCC functions, or occupied for the purpose of”;
iii
in sub-paragraphs (b) and (c), for “£10,000” substitute “£5,000”;
iv
for sub-paragraph (d), substitute—
d
a list of every contract with a value not exceeding £5,000 —
i
which the mayor has entered into, or is to enter into, on behalf of the combined authority in relation to the mayor’s PCC functions; or
ii
to which the chief officer of the police force maintained by the mayor is, or is to be, a party,
including the value of the contract, the identity of every other party to the contract and the purpose of the contract.
Policing Protocol Order 201151
1
The Policing Protocol Order 201197 is modified as follows.
2
In the Schedule—
a
in paragraph 5, for “each PCC” substitute “the combined authority deployed wholly or partly in relation to the mayor’s PCC functions”;
b
for paragraph 13, substitute—
13
Chief Constables are established in law as corporations sole within the 2011 Act. In doing so Chief Constables are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead.
13A
The staff of the combined authority deployed wholly or partly in relation to the mayor’s PCC functions are accountable to the directly elected mayor to enable the mayor to exercise their PCC functions.
c
in paragraph 16, for “precept” substitute “PCC component”;
d
in paragraph 17(d), for “precept” substitute “PCC component”;
e
in paragraph 24—
i
in sub-paragraph (a), for “precept” substitute “PCC component”;
ii
in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “suspended from the exercise of PCC functions”;
iii
omit sub-paragraph (i);
f
after paragraph 24, insert—
24A
Complaints against the mayor and deputy mayor for policing and crime (if that person is a member of the combined authority) will be dealt with in accordance with the combined authority’s existing standards regime, which operates under local government legislation. Serious complaints and conduct matters must be passed to the IPCC in line with legislation.
Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201252
1
The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201298 are modified as follows.
2
In regulation 2—
a
after the definition of “document”, insert—
“head of paid service” means the head of paid service designated by the combined authority under section 4(1)(a) of the Local Government and Housing Act 198999;
- a
in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
- b
in the definition of “relevant office”, for paragraph (b) substitute—
b
deputy mayor for policing and crime;
- a
3
In regulation 7—
a
for paragraph (1)(a), substitute–
a
the monitoring officer appointed by the combined authority under section 5(1)(a) of the Local Government and Housing Act 1989;
b
in paragraph (2), omit “a chief executive or”;
c
for paragraph (3), substitute—
3
Where the police and crime panel delegates powers or duties conferred or imposed by or under regulation 9 (notification and recording of complaints), 11 (notification and recording of conduct matters arising in civil proceedings) or 12 (recording of conduct matters in other cases) to the monitoring officer appointed by the combined authority, the monitoring officer shall notify the head of paid service of any complaint or conduct matter considered by the monitoring officer in accordance with those regulations.
4
In regulation 15(3)(a), for “the office holder’s staff” substitute “staff deployed by the combined authority wholly or partly in relation to the mayor’s PCC functions”.
5
For regulation 28(1)—
a
omit paragraph (a);
b
for paragraph (b), substitute—
b
the deputy mayor for policing and crime who is not a member of the combined authority at the time when the complaint is recorded;
6
For regulation 29, substitute—
Resolution in accordance with the combined authority’s code of conduct.29
1
If a complaint to which this Part applies concerns the conduct of—
a
the mayor; or
b
the deputy mayor for policing and crime who is a member of the combined authority at the time when the complaint is recorded,
the police and crime panel shall pass the complaint to the monitoring officer appointed by the combined authority under section 5(1)(a) of the Local Government and Housing Act 1989 (“the monitoring officer”).
2
On receiving a complaint in accordance with paragraph (1), the monitoring officer shall deal with it in accordance with the combined authority’s code of conduct adopted under section 27(2) of the Localism Act 2011100.
3
The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.
Police Appeals Tribunals Rules 201253
1
The Police Appeals Tribunals Rules 2012101 are modified as follows.
2
In rule 15(4) for “relevant local policing body” substitute “combined authority”.
Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 201254
1
The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012102 are modified as follows.
2
In regulation 3(2)—
a
in sub-paragraph (c), omit “or”;
b
in sub-paragraph (d), after “(c).” insert “, or”;
c
after sub-paragraph (d) insert—
e
the combined authority.
Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 201255
1
The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012103 are modified as follows.
2
In regulation 4(2), for “may issue the proposed precept as the precept” substitute “may determine that the proposed PCC component is the final amount of the PCC component”.
3
In regulation 5(2), for “precept that he now proposes to issue” substitute “PCC component that he now proposes to determine”.
4
In regulation 6(2)—
a
in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “finalising the revised precept as the PCC component to be determined”;
b
in sub-paragraph (b), for “precept that should be issued” substitute “PCC component that should be determined”.
5
In regulation 8—
a
in paragraph (2)—
i
in sub-paragraph (a), for “issue the revised precept as the precept” substitute “finalise the revised precept as the PCC component to be determined”;
ii
in sub-paragraph (b), for “issue a different precept” substitute “finalise a different amount of the PCC component”.
b
in paragraph (3)—
i
in sub-paragraph (a), for “issue a precept” substitute “finalise the PCC component”;
ii
in sub-paragraph (b), for “issue a precept” substitute “finalise the PCC component”.
Local Government Pension Scheme Regulations 201356
1
The Local Government Pension Scheme Regulations 2013104 are modified as follows.
2
After Regulation 64(8), insert—
8A
Paragraph (8B) applies where the exiting employer is the Police and Crime Commissioner for the area and the liabilities of the fund in respect of benefits due to the commissioner’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the combined authority by virtue of the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017.
8B
Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.
Local Audit (Auditor Resignation and Removal) Regulations 201457
1
The Local Audit (Auditor Resignation and Removal) Regulations 2014105 are modified as follows.
2
In regulation 2—
a
in paragraph (3), for “police and crime commissioner” substitute “combined authority”;
b
in paragraph (4), for “a police and crime commissioner” substitute “the combined authority in relation to the mayor’s PCC functions”.
Combined Authorities (Mayors) (Filling of Vacancies) Order 201758
1
The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017106 is modified as follows.
2
In article 4(d)—
a
omit “or” at the end of paragraph (ii);
b
insert “or” at the end of paragraph (iii);
c
after paragraph (iii), insert—
iv
the mayor ceasing to hold office by virtue of section 63 of the 2011 Act.
SCHEDULE 2Exclusion of legislation from application to the combined authority mayor with policing and crime functions
Primary Legislation
1
Section 28 of the Leasehold Reform Act 1967107.
2
The following provisions of the Local Government Act 1972108—
a
section 102(6) to (11);
b
section 223(2);
c
paragraph 6ZA of Part 1 of Schedule 12.
3
Section 5(3)(baa) of the Rent (Agriculture) Act 1976109.
4
Section 14(1)(caa) of the Rent Act 1977110.
5
Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980111.
6
Sections 33 and 41 of the Local Government (Miscellaneous Provisions) Act 1982112.
7
Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983113.
8
Section 60 of the County Courts Act 1984114.
9
Sections 80(1), 157(1), 171(2), 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4 and paragraph 5(1)(b) of Schedule 5 to the Housing Act 1985115.
10
Section 38 of the Landlord and Tenant Act 1985116.
11
Section 7 of the Local Government Act 1986117.
12
Section 58 of the Landlord and Tenant Act 1987118.
13
Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988119.
14
Sections 111, 113, 114 and 114A Local Government Finance Act 1988120.
15
Section 39 of the Local Government Finance Act 1992121.
16
Section 33 of the Value Added Tax Act 1994122.
17
Section 94 of the Police Act 1996123.
18
Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000124.
19
Sections 21 and 22 of the Local Government Act 2003125.
20
The following provisions of the Fire and Rescue Services Act 2004126—
a
section 3(7) and (9);
b
section 4A;
c
Schedules A1 and A2.
21
The following provisions of the 2011 Act—
a
section 1, subsections (1) to (4)127;
b
sections 50 to 61128;
c
section 69;
d
sections 71 to 75;
e
section 102(3);
f
Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2) and (4), and 7;
g
Schedule 6, paragraphs 33 to 35;
h
Schedules 9 and 10.
22
Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014129.
23
Sections 5(7)(a) and (9)(a) of, and paragraph 92 of Schedule 1 to, the Policing and Crime Act 2017130.
Secondary Legislation
24
The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012131.
25
Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012132.
26
Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012133.
27
Police and Crime Commissioner (Elections) Order 2012134.
28
The following provisions of Schedule 2 to the Local Government Pension Scheme Regulations 2013135—
a
Part 1, Paragraph 6;
b
and Part 4.
29
Article 7 of the Chancellor of the Duchy of Lancaster Order 2015136.
30
Police and Crime Commissioner (Elections) Order 2015137.
31
Transfer of Functions (Police and Crime Commissioner Elections) Order 2015138.
32
Police and Crime Commissioner (Designation of Police Area Returning Officers) Order 2015139.
33
Police and Crime Commissioner (Designation of Local Authorities) Order 2015140.
34
Police and Crime Commissioner (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2016141.
35
The Police and Crime Commissioner Elections (Amendment) Order 2016142.
36
Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment) Regulations 2016143.