The Policing and Crime Act 2017 (Commencement No. 7) Regulations 2018

Statutory Instruments

2018 No. 227 (C. 22)

Enforcement

Fire And Rescue Services, England

Police

The Policing and Crime Act 2017 (Commencement No. 7) Regulations 2018

Made

21st February 2018

The Secretary of State, in exercise of the powers conferred by section 183(1) and (7) of the Policing and Crime Act 2017(1), and having consulted the Scottish Ministers in accordance with section 183(8) of that Act, makes the following Regulations.

Citation and interpretation

1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 7) Regulations 2018.

(2) In these Regulations “the Act” means the Policing and Crime Act 2017.

Provisions coming into force on 1st March 2018

2.  The day appointed for the coming into force of the following provisions of the Act is 1st March 2018—

(a) section 9(3) (the London Fire Commissioner: amendments to the Greater London Authority Act 1999 and other Acts) insofar as it relates to the provisions brought into force by paragraph (b);

(b) in Schedule 2 (the London Fire Commissioner)—

(i) paragraphs 1, 2, 5, 7, 8, 9 and 14;

(ii) paragraph 10 insofar as it inserts the following sections of the Greater London Authority Act 1999(2)—

(aa) section 327A(1) to (3), (7) and (8);

(bb) sections 327B, 327C, 327D and 327F, and

(cc) section 327H(1), (2)(b), (3) to (12) and (13)(b);

(iii) paragraph 15 insofar as it inserts paragraphs 1 to 3 of Schedule 27A to the Greater London Authority Act 1999;

(c) section 10 (transfer of property, rights and liabilities to the London Fire Commissioner);

(d) sections 84 to 95 (maritime enforcement: English and Welsh offences) insofar as they are not already in force(3);

(e) sections 96 to 106 (maritime enforcement: Scottish offences) insofar as they are not already in force(4);

(f) sections 116 to 119 (cross-border enforcement) insofar as they are not already in force(5), and

(g) Schedules 15 to 17 (cross border enforcement: new Schedules 7A and 7B to the Criminal Justice and Public Order Act 1994 and minor and consequential amendments).

Provisions coming into force on 22nd March 2018

3.—(1) The day appointed for the coming into force of the following provisions of the Act is 22nd March 2018—

(a) section 9(3) (the London Fire Commissioner: amendments to the Greater London Authority Act 1999 and other Acts) insofar as it relates to the provisions brought into force by sub-paragraphs (b), (c) and (d);

(b) paragraph 10 of Schedule 2 (the London Fire Commissioner) insofar as it inserts section 327A(4) of the Greater London Authority Act 1999 in respect of the functions specified in sub-paragraph (c);

(c) the specified functions are functions of the London Fire Commissioner in relation to—

(i) the firefighters’ pension scheme, and

(ii) the firefighters’ compensation scheme,

as they may apply to a person who holds office as the London Fire Commissioner, and

(d) in Schedule 2 (the London Fire Commissioner) for the purposes of the appointment of a Deputy London Fire Commissioner(6)—

(i) paragraphs 35 and 43(1) and (2)(b);

(ii) paragraphs 85 and 89(1), and

(iii) paragraph 89(3) insofar as it inserts section 21(1C) of the Local Government and Housing Act 1989(7).

(2) In this regulation—

“the firefighters’ pension scheme” means any of the following schemes of which the London Fire Commissioner is a member—

(i)

the scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(8);

(ii)

the scheme set out in Schedule 1 to the Firefighters Pension Scheme (England) Order 2006(9);

(iii)

the scheme set out in the Firefighters’ Pensions Scheme (England) Regulations 2014(10);

“the firefighters’ compensation scheme” means the scheme set out in Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006(11).

Provisions coming into force on 1st April 2018

4.  The day appointed for the coming into force of the following provisions of the Act is 1st April 2018—

(a) sections 9(1) and (2) (abolition of London Fire and Emergency Planning Authority and transfer of functions to the London Fire Commissioner);

(b) section 9(3) (the London Fire Commissioner: amendments to the Greater London Authority Act 1999 and other Acts) insofar as it relates to the provisions brought into force by paragraph (c);

(c) Schedule 2 (the London Fire Commissioner) insofar as not already in force(12), other than—

(i) paragraph 86, and

(ii) paragraph 89(3) insofar as it inserts section 21(1D) of the Local Government and Housing Act 1989;

(d) section 123 (Deputy Mayor for Policing and Crime as member of local authority).

Nick Hurd

Minister of State

Home Office

21st February 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Policing and Crime Act 2017 (c. 3) (“the Act”). They are the seventh commencement regulations under the Act. Other provisions of the Act were brought into force on Royal Assent by section 183(5) of the Act or commenced on 31st March 2017 by virtue of section 183(6) of the Act.

These Regulations commence provisions of the Act relating to the London Fire Commissioner, maritime enforcement powers applicable in England and Wales, and Scotland, cross border enforcement powers in the United Kingdom, and removal of certain political restrictions placed on the position of Deputy Mayor for Policing and Crime.

Regulation 2 sets out the provisions of the Act which will come into force on 1st March 2018, insofar as not already in force.

Regulation 3 sets out the provisions of the Act which will come into force on 22nd March 2018.

Regulation 4 sets out the provisions of the Act which will come into force on 1st April 2018, insofar as not already in force.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Policing and Crime Act 2017 have been brought into force on the date specified by commencement regulations made before these Regulations.

Provision	Date of Commencement	S.I. No.
Sections 1 to 5	3rd April 2017	2017/399
Section 6 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 7	3rd April 2017	2017/399
Section 8 (insofar as it was not already in force)	17th July 2017	2017/726
Section 11(1) to (7) (insofar as it was not already in force)	17th July 2017	2017/726
Section 12	17th July 2017	2017/726
Section 29(1) to (7) (insofar as it was not already in force)	15th December 2017	2017/1139 and 2017/1162
Section 29(8) (partially)	15th December 2017	2017/1139 and 2017/1162
Section 30 (insofar as it was not already in force)	15th December 2017	2017/1139 and 2017/1162
Section 32 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 33 (partially)	3rd April 2017	2017/399
Section 33(9) (partially)	17th July 2017	2017/726
Section 33 (insofar as it was not already in force)	8th January 2018	2017/1249
Section 34 (partially)	8th January 2018	2017/1249
Section 35	8th January 2018	2017/1249
Sections 36 and 37	2nd May 2017	2017/399
Section 38	15th December 2017	2017/1139 and 2017/1162
Section 39	15th December 2017	2017/1139 and 2017/1162
Section 40	15th December 2017	2017/1139 and 2017/1162
Section 41	15th December 2017	2017/1139 and 2017/1162
Section 42	15th December 2017	2017/1139 and 2017/1162
Section 43	15th December 2017	2017/1139 and 2017/1162
Section 44	15th December 2017	2017/1139 and 2017/1162
Section 45 (partially)	3rd April 2017	2017/399
Section 45 (insofar as it was not already in force)	15th December 2017	2017/1139 and 2017/1162
Section 46	1st December 2018	2017/1139
Section 49	3rd April 2017	2017/399
Section 50	3rd April 2017	2017/399
Section 51 (partially)	3rd April 2017	2017/399
Sections 52 to 62	3rd April 2017	2017/399
Section 63 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 64 to 75	3rd April 2017	2017/399
Sections 77 to 79	3rd April 2017	2017/399
Sections 80 and 81 (insofar as they were not already in force)	11th December 2017	22017/1017
Section 82 and 83	11th December 2017	22017/1017
Sections 120 to 122	3rd April 2017	2017/399
Section 124 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 125 (insofar as it was not already in force)	2nd May 2017	2017/399
Sections 127 to 130	2nd May 2017	2017/399
Section 133 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 134 (insofar as it was not already in force)	3rd April 2017	2017/399
Sections 135 to 140	6th April 2017	2017/399
Sections 143 to 156 (insofar as they were not already in force)	1st April 2017	2017/482
Section 162	13th November 2017	22017/1017
Section 163	3rd April 2017	2017/399
Section 175	3rd April 2017	2017/399
Section 177 (insofar as it was not already in force)	3rd April 2017	2017/399
Section 178	3rd April 2017	2017/399
Schedule 1 (insofar as it was not already in force)	3rd April 2017	2017/399
Schedule 3 (insofar as it was not already in force)	17th July 2017	2017/726
Schedule 7 (partially)	15th December 2017	2017/1139 and 2017/1162
Schedule 8 (insofar as it was not already in force)	15th December 2017	2017/1139 and 2017/1162
Schedule 9 (partially)	3rd April 2017	2017/399
Schedule 9 (partially)	17th July 2017	2017/726
Schedule 9 (insofar as it was not already in force)	8th January 2018	2017/1249
Schedule 10	15th December 2017	2017/1139 and 2017/1162
Schedule 11	15th December 2017	2017/1139 and 2017/1162
Schedule 12 (partially)	3rd April 2017	2017/399
Schedule 12 (insofar as it was not already in force)	15th December 2017	2017/1139
Schedule 13	1st December 2018	2017/1139
Schedule 14 (partially)	3rd April 2017	2017/399

(1)

2017 c. 3.

(2)

1999 c. 29.

(3)

See section 183(5)(e).

(4)

See section 183(5)(e).

(5)

See section 183(5)(e).

(6)

See regulation 2(a) and (b) and paragraph 3 of Schedule 27A to the Greater London Authority Act 1999.

(7)

1989 c. 42.

(8)

S.I. 1992/129; to which there are amendments not relevant to these Regulations.

(9)

S.I. 2006/3432; to which there are amendments not relevant to these Regulations.

(10)

S.I. 2014/2848; to which there are amendments not relevant to these Regulations.

(11)

S.I. 2006/1811; to which there are amendments not relevant to these Regulations.

(12)

See regulations 2(b) and 3(1)(d).