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Statutory Instruments

2020 No. 134

Police, England And Wales

The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020

Made

11th February 2020

Coming into force in accordance with article 1(2)

The Minister for the Cabinet Office, in exercise of the powers conferred by sections 75(1) and 154(5)(b) of the Police Reform and Social Responsibility Act 2011(1), makes the following Order.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020.

(2) It comes into force on the day after the day on which it is made.

(3) In this Order “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)(2), other than Greater Manchester(3).

Designation of local authorities in England

2.  In respect of each police area in England listed in column 1 of the table in Schedule 1, for the purpose of section 75(1) of the Police Reform and Social Responsibility Act 2011 (the appropriate officer), the designated local authority is the authority listed in the corresponding entry in column 2 of that table.

Designation of local authorities in Wales

3.  In respect of each police area in Wales listed in column 1 of the table in Schedule 2, for the purpose of section 75(1) of the Police Reform and Social Responsibility Act 2011, the designated local authority is the authority listed in the corresponding entry in column 2 of that table.

Revocation and saving

4.  The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2015(4) is revoked, but continues to have effect in respect of any election which takes place before 7th May 2020.

Chloe Smith

Minister for the Constitution

Cabinet Office

11th February 2020

Article 2

SCHEDULE 1Designated local authorities in England

(1) Name of police area in England(2) Local Authority
Avon and SomersetBath & North East Somerset Council
BedfordshireLuton Borough Council
CambridgeshireEast Cambridgeshire District Council
CheshireHalton Borough Council
ClevelandStockton-on-Tees Borough Council
CumbriaAllerdale Borough Council
DerbyshireDerby City Council
Devon and CornwallExeter City Council
DorsetBournemouth, Christchurch and Poole Council
DurhamDurham County Council
EssexColchester Borough Council
GloucestershireGloucester City Council
HampshireSouthampton City Council
HertfordshireBroxbourne Borough Council
HumbersideEast Riding of Yorkshire Council
KentDartford Borough Council
LancashireBlackburn with Darwen Borough Council
LeicestershireNorth West Leicestershire District Council
LincolnshireCity of Lincoln Council
MerseysideLiverpool City Council
NorfolkSouth Norfolk Council
North YorkshireSelby District Council
NorthamptonshireKettering Borough Council
NorthumbriaSunderland City Council
NottinghamshireRushcliffe Borough Council
South YorkshireBarnsley Metropolitan Borough Council
StaffordshireEast Staffordshire Borough Council
SuffolkEast Suffolk Council
SurreyReigate & Banstead Borough Council
SussexBrighton & Hove City Council
Thames ValleyCherwell District Council
WarwickshireWarwick District Council
West MerciaShropshire Council
West MidlandsCoventry City Council
West YorkshireWakefield Council
WiltshireWiltshire Council

Article 3

SCHEDULE 2Designated Local Authorities in Wales

(1) Name of police area in Wales(2) Local Authority
Dyfed-PowysPembrokeshire County Council
GwentBlaenau Gwent County Borough Council
North WalesFlintshire County Council
South WalesVale of Glamorgan Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to elections in England and Wales of police and crime commissioners under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 (c. 13) (“the Act”).

Article 2 and Schedule 1 designate, for the purposes of section 75(1) of the Act, a local authority for the police areas in England listed in Schedule 1. These do not include the metropolitan police district, Greater Manchester, and City of London police areas. The functions of a police and crime commissioner in respect of Greater Manchester were transferred to the mayor of the Greater Manchester Combined Authority by virtue of S.I. 2017/470. The head of paid service of a designated local authority is the “appropriate officer” for the purposes of Chapter 6 of Part 1 of the Act (elections and vacancies of police and crime commissioners).

Article 3 and Schedule 2 make the same provision in respect of Wales.

Article 4 revokes the Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2015 (S.I. 2015/2028), but provides that it is to continue to have effect in respect of elections which took place after it came into force and before 7th May 2020.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2011 c. 13 (“the Act”). Section 75 has been amended by S.I. 2015/1526 and 2016/997. The functions of the Chancellor of the Duchy of Lancaster under the Act were transferred to the Minister for the Cabinet Office by virtue of S.I. 2016/997 and are held concurrently with the Secretary of State.

(2)

1996 c. 16. Amended by section 129 of the Police Act 1997 (c. 50) and by S.I. 1997/1844, 1845, 1846, 1847, 1849, 1850, 1855, 1857 and 2009/119.

(3)

The functions of a police and crime commissioner in respect of Greater Manchester have been transferred to the Mayor of the Greater Manchester Combined Authority by S.I 2017/470. The effect of paragraph 21 of Schedule 2 to S.I. 2017/470, (there are amending instruments to Schedule 2 but none are relevant), is to disapply certain provisions in the 2011 Act relating to the election of a police and crime commissioner as they would have applied in respect of the Mayor. Relevant to this Order is the disapplication of section 75 of the 2011 Act by paragraph 21(d) of Schedule 2 to S.I. 2017/470 which removes the requirement to designate a police returning officer in respect of the Greater Manchester Combined Authority.