The York and North Yorkshire Combined Authority Order 2023

SCHEDULES

Article 6

SCHEDULE 1 E+W Constitution

Membership E+W

1.—(1) Each constituent council must appoint two of its elected members to be members of the Combined Authority

(2) Each constituent council must designate one of the members appointed under sub-paragraph (1) as the lead member.

(3) Each constituent council must appoint two named elected members for each member appointed under sub-paragraph (1), either of whom may act as a member of the Combined Authority in the absence of a member appointed under sub-paragraph (1) (“the substitute members”).

(4) In this Schedule, “members” means a lead member, a non-lead member appointed under sub-paragraph (1) and a substitute member unless the context provides otherwise.

(5) A person ceases to be a member of the Combined Authority if they cease to be a member of the constituent council that appointed them.

(6) A person may resign as a member of the Combined Authority by written notice served on the proper officer of the constituent council that appointed them and the resignation takes effect on receipt of that notice.

(7) Where a member of the Combined Authority’s appointment ceases by virtue of sub-paragraph (5) or (6), the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place.

Commencement Information

I1 Sch. 1 para. 1 in force at 20.12.2023, see art. 1(2)

Chair and vice-chair E+W

2.—(1) The Combined Authority must appoint a chair from amongst its constituent council members and the appointment is to be the first business transacted after the appointment of members of the Combined Authority, at the first meeting of the Combined Authority.

(2) A person ceases to be chair of the Combined Authority if they cease to be a member of the Combined Authority.

(3) If a vacancy arises in the office of chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

(4) The chair of the Combined Authority ceases to hold office at the end of the day before the first Mayor’s term of office begins(1).

Commencement Information

I2 Sch. 1 para. 2 in force at 20.12.2023, see art. 1(2)

3.—(1) The Combined Authority must appoint a vice-chair from amongst its constituent council members and the appointment is to be the first business transacted after the appointment of members and the chair of the Combined Authority, at the first meeting of the Combined Authority.

(2) A person ceases to be vice-chair of the Combined Authority if they cease to be a member of the Combined Authority.

(3) If a vacancy arises in the office of vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

(4) The office of vice-chair is abolished at the end of the day before the first mayor’s term of office begins.

Commencement Information

I3 Sch. 1 para. 3 in force at 20.12.2023, see art. 1(2)

Proceedings E+W

4.—(1) Subject to sub-paragraphs (6) to (14), any decision of the Combined Authority is to be decided by a simple majority of the members present and voting on that question at a meeting of the Combined Authority, and such majority is to include the Mayor, or the Deputy Mayor acting in place of the Mayor or, in the period before the first day of the first mayor’s term of office, the chair or, in the absence of the chair, the vice-chair.

(2) Before the first Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the chair and at least one member appointed by each constituent council is present.

(3) After the Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the Mayor (or the Deputy Mayor acting in place of the Mayor) and at least one member appointed by each constituent council is present.

(4) Each member is to have one vote and no member is to have a casting vote.

(5) If a vote is tied on any matter it is deemed not to have been carried.

(6) The following decisions of the Combined Authority require (in addition to the requirements of sub-paragraph (1)) those voting in favour to include the lead member from each constituent council—

(a) approval or amendment of the Combined Authority’s budget (excluding approval or amendment of the Mayor’s budget);

(b) issuing the levy pursuant to article 29(5) (transport levy); and

(c) approval or amendment of the Combined Authority’s constitution or standing orders.

(7) The exercise of the function in section 17 of the 1985 Act (insofar as that function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined Authority requires the consent of—

(a) the lead member for the constituent councils whose area contains any part of the land subject to the proposed compulsory acquisition, or

(b) a substitute member acting in place of such a member,

(8) Article 8(4) of the Combined Authorities (Finance) Order 2017(2) applies in relation to decisions of the Combined Authority referred to in that paragraph as if the reference to a two thirds majority were a reference to a three quarters majority.

(9) Any decision of the Combined Authority to amend the Mayor’s transport plan requires at least three of the members to vote in favour of the amendment.

(10) Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the lead member appointed by that constituent council.

(11) Any exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of—

(a) the lead member for any constituent council whose local government area contains any part of the land to be designated as a Mayoral development area or substitute member acting in place of that member; and

(b) the North York Moors National Park Authority or the Yorkshire Dales National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the relevant National Park Authority.

(12) Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of the lead member for any constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute member acting in place of that member.

(13) Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a) the lead member for any constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or a substitute member acting in place of that member; and

(b) the North York Moors National Park Authority or the Yorkshire Dales National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the relevant National Park Authority.

(14) Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes) and section 9(2) of the 2008 Act (acquisition of land) requires the consent of the lead member for any constituent council whose local government area contains any part of the land subject to the proposed compulsory acquisition or a substitute member acting in place of that member.

(15) For the purpose of sub-paragraphs (7), (11)(a), (12), (13)(a) and (14) the consent must be given at a meeting of the combined authority.

Commencement Information

I4 Sch. 1 para. 4 in force at 20.12.2023, see art. 1(2)

Remuneration E+W

5.  Subject to paragraphs 6 and 7, no remuneration is to be payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme approved by the Combined Authority.

Commencement Information

I5 Sch. 1 para. 5 in force at 20.12.2023, see art. 1(2)

6.—(1) The Combined Authority may establish an independent remuneration panel to recommend a scheme to the Combined Authority regarding the allowances payable to—

(a) the Mayor;

(b) the Deputy Mayor provided that the Deputy Mayor is not a leader or elected mayor of a constituent council or the Chair of the Local Enterprise Partnership;

(c) the deputy mayor for policing and crime provided that the deputy mayor for policing and crime is not a leader or elected mayor of a constituent council; and

(d) independent persons.

(2) An independent remuneration panel must consist of at least three members none of whom may be—

(a) a member of the Combined Authority or a member of a committee or sub-committee of the Combined Authority or a member of a constituent council; or

(b) disqualified from being or becoming a member of the Combined Authority.

(3) The Combined Authority may pay the expenses incurred by the independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.

Commencement Information

I6 Sch. 1 para. 6 in force at 20.12.2023, see art. 1(2)

7.  The Combined Authority may only pay an allowance to the people listed in paragraph 6(1)(a) to (c) if the Combined Authority has—

(a) considered a report published by the independent remuneration panel established under paragraph 6(1) which contains recommendations for such an allowance; and

(b) approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.

Commencement Information

I7 Sch. 1 para. 7 in force at 20.12.2023, see art. 1(2)

Records E+W

8.—(1) The Combined Authority must make arrangements for the names of members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.

(5) Unless the contrary is proved, a meeting of the Combined Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members present at the meeting are deemed to have been duly qualified to attend.

(6) For the purposes of sub-paragraph (3), the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the Authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

Commencement Information

I8 Sch. 1 para. 8 in force at 20.12.2023, see art. 1(2)

Standing orders E+W

9.  The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Commencement Information

I9 Sch. 1 para. 9 in force at 20.12.2023, see art. 1(2)

Article 9

SCHEDULE 2 E+W

PART 1 E+W Modification of the application of Part 1 of the 2008 Act

1.—(1) Chapters 1 and 2 of Part 1 of the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions. E+W

(2) Sections 5 (powers to provide housing or other land), 6 (powers for regeneration, development or effective use of land), 7 (powers in relation to infrastructure), 8 (powers to deal with land etc), 9 (acquisition of land), 10 (restrictions on disposal of land) and 11 (main powers in relation to acquired land) of, and Schedules 2 to 4 to, the 2008 Act, have effect as if for each reference to—

(a) “the HCA” there were substituted a reference to “the Combined Authority”;

(b) “Part 1” of that Act there were substituted a reference to “Part 3 of the York and North Yorkshire Combined Authority Order 2023”; and

(c) “land acquired or held by the HCA” there were substituted a reference to “land acquired or held by the Combined Authority”.

(3) Sections 5, 6, 8, 9 and 10 of the 2008 Act have effect as if for each reference to “land” there were substituted a reference to “land in the area of the Combined Authority”.

(4) Section 57(1) of the 2008 Act has effect as if before the definition of “develop” there were inserted—

““Combined Authority” means the York and North Yorkshire Combined Authority, a body corporate established under the York and North Yorkshire Combined Authority Order 2023;”.

Commencement Information

I10 Sch. 2 para. 1 in force at 20.12.2023, see art. 1(2)

PART 2 E+W Modification of the application of Schedules 2 to 4 to the 2008 Act

2.—(1) Schedules 2 to 4 to the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions. E+W

(2) Part 1 of Schedule 2 to the 2008 Act (compulsory acquisition of land) has effect as if for each reference to “section 9” of that Act there were substituted a reference to “article 7 of the York and North Yorkshire Combined Authority Order 2023”.

(3) Schedule 3 to the 2008 Act (main powers in relation to land acquired by the HCA) has effect as if for references to land which has been vested in or acquired by the HCA there were substituted references to land which has been vested in or acquired by the Combined Authority.

(4) Schedule 4 to the 2008 Act (powers in relation to, and for, statutory undertakers) has effect as if for each reference to the HCA there were substituted a reference to the York and North Yorkshire Combined Authority.

Commencement Information

I11 Sch. 2 para. 2 in force at 20.12.2023, see art. 1(2)

Article 11

SCHEDULE 3 E+W Modification of the application of Part 8 of, and schedule 21 to the 2011 Act

1.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions. E+W

(2) Section 196 of the 2011 Act (interpretation of Chapter) has effect as if for the definitions of “the Mayor” and “MDC” there were substituted—

““the Area” means the area of the Combined Authority;

“the Combined Authority” means the Combined Authority established by the York and North Yorkshire Combined Authority Order 2023;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the Combined Authority;

“National Park” means the North York Moors National Park and the Yorkshire Dales National Park(3); and

“National Park authority” means a National Park authority for a National Park.”.

(3) Sections 197 to 222 of the 2011 Act have effect as if for each reference to—

(a) “the Greater London Authority” there were substituted “the Combined Authority”;

(b) “the Mayor” there were substituted “the Combined Authority” except for the occurrences in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a); and

(c) “MDC” there were substituted “Corporation”.

(4) Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if—

(a) in subsection (1) for “Greater London” there were substituted “the Area”;

(b) in subsection (3)(a) for, “any one or more of the Greater London Authority’s principal purposes”, there were substituted “economic development and regeneration in the Area”;

(c) in subsection (3)(d)—

(i) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;

(ii) for “the Mayor” in both places there were substituted “the Mayor for the Area”; and

(iii) for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection (4)(d) or (e)”;

(d) in subsection (3)(e)—

(i) for “the Mayor” in both places there were substituted “the Mayor for the Area”; and

(ii) for “the London Assembly” there were substituted “the Combined Authority”;

(e) in subsection (3)(f) for “the London Assembly” there were substituted “the Combined Authority”;

(f) in subsection (4)—

(i) in paragraph (a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;

(ii) paragraph (b) were omitted;

(iii) in paragraph (d) for “each London borough council whose borough” there were substituted “each district council whose local government area”;

(iv) in paragraph (e) for “the Common Council of the City of London if any part of the Area is within the City” there were substituted “a National Park authority if any part of the area is within a National Park”;

(v) paragraphs (f) and (g) were omitted;

(g) in subsection (5)—

(i) in paragraph (a) for “the London Assembly” there were substituted “the Combined Authority”;

(ii) in paragraph (b) for “the London Assembly” there were substituted “the Combined Authority”;

(iii) in paragraph (b)(i) for “the Assembly” there were substituted “the Combined Authority”;

(iv) in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”;

(h) in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”; and

(i) subsection (7) were omitted.

(5) Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—

(a) in the heading for “Mayoral development corporations” there were substituted “Corporations”; and

(b) for each reference to “Mayoral development corporation” there were substituted “Corporation”.

(6) Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if in subsection (2)—

(a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and

(b) for “the Mayor” in both places there were substituted “the Mayor for the Area”.

(7) Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—

(a) in subsection (3)—

(i) in paragraph (a) for “a London borough council” there were substituted “a district council wholly or partly in the Area”;

(ii) paragraph (b) were omitted;

(iii) in paragraphs (d) and (e), for “in Greater London” there were substituted “in the Area”;

(iv) paragraph (k) were omitted;

(b) in subsection (4) paragraph (b) were omitted; and

(c) in subsection (10) the definitions of “functional body” and “public authority” were omitted.

(8) Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.

(9) Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—

(a) in subsection (7)(a) for “the Mayor” there were substituted “the Mayor for the Area”;

(b) in subsection (7)(c) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”, and

(c) in subsection (7) at the end in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted “(d) or (e)”.

(10) Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if—

(a) for each reference to “a London borough council or the Common Council of the City of London” there were substituted “a district council, county council or a National Park authority”; and

(b) in subsections (1) and (5), for each reference to “council” there were substituted “council or National Park Authority”.

(11) Section 207 of the 2011 Act (acquisition of land) has effect as if—

(a) in subsection (2) for “in Greater London” there were substituted “in the Area”; and

(b) in subsection (3) for “the Mayor of London” there were substituted “the Combined Authority”.

(12) Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—

(a) in subsection (4)(a) for “the Mayor” there were substituted “the Mayor for the Area”;

(b) in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council wholly or partly in the Area”; and

(c) in subsection (4) at the end the definition of “affected local authority” were omitted.

(13) Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—

(a) in subsection (2) “, (e)” were omitted; and

(b) in subsection (4)—

(i) the definition of “functional body” were omitted; and

(ii) in the definition of “permitted recipient”—

(aa) paragraph (b) were omitted,

(bb) in paragraph (d) for “a London borough council” there were substituted “a district council wholly or partly within the Area”, and

(cc) paragraph (e) were omitted.

(14) Schedule 21 to the 2011 Act (Mayoral development corporations) has effect as if—

(a) for each reference to—

(i) “the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);

(ii) “the Mayor’s” there were substituted “the Combined Authority’s”;

(iii) “an MDC” there were substituted “the Corporation”;

(b) in paragraph 1(1)—

(i) for “A Mayoral development corporation (“MDC”)” there were substituted “A Corporation”;

(ii) for “the Mayor of London (“the Mayor”)” there were substituted “the Combined Authority”;

(c) in paragraph 1(2) for “each relevant London council” there were substituted “each relevant district council”;

(d) in paragraph 1(3)—

(i) sub-paragraph (a) were omitted; and

(ii) in sub-paragraph (b) for “a London council” there were substituted “a district council”;

(e) in paragraph 1(5), for ““MDC’s” there were substituted “Corporation’s”;

(f) in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council”;

(g) in paragraph 3—

(i) for “an MDC” there were substituted “a Corporation”;

(ii) for “An MDC’s” in each place in which it occurs there were substituted “A Corporation’s”; and

(iii) for “the MDC’s” there were substituted “the Corporation’s”;

(h) in paragraph 4(4) for “the London Assembly” there were substituted “the Combined Authority”;

(i) in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council”; and

(j) in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.

Commencement Information

I12 Sch. 3 para. 1 in force at 20.12.2023, see art. 1(2)

Article 20(4)

SCHEDULE 4 E+W Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004

1.—(1) Part 3 of the TM Act is modified as follows. E+W

(2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—

(a) subsection (1) were omitted;

(b) for subsection (2) there were substituted—

“(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority does not have effect in the Area unless the Combined Authority gives effect to it by order.”; and

(c) subsection (3) were omitted.

(3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

“(1) The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the Area by virtue of an order made by the Combined Authority under section 33A(2).

(2) The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).”.

(4) Section 39 (interpretation of Part 3) has effect as if, in subsection (1), after the definition of “the appropriate national authority”, there were inserted—

““the Area” means the area of the Combined Authority;

“the Combined Authority” means The York and North Yorkshire Combined Authority;”.

Commencement Information

I13 Sch. 4 para. 1 in force at 20.12.2023, see art. 1(2)

Article 33(2)

SCHEDULE 5 E+W Modifications of police and crime commissioner enactments in their application to the Mayor

PART 1 E+W Primary legislation

Police (Property) Act 1897 E+W

1.—(1) The Police (Property) Act 1897(4) is modified as follows.

(2) In section 2(2A) (regulations with respect to unclaimed property in possession of police), for the last reference to “relevant body” substitute “Combined Authority”.

Commencement Information

I14 Sch. 5 para. 1 in force at 20.12.2023, see art. 1(2)

Trustee Investments Act 1961 E+W

2.—(1) The Trustee Investments Act 1961(5) is modified as follows.

(2) In paragraph 9 of Part 2 of the First Schedule (manner of investment), 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”.

Commencement Information

I15 Sch. 5 para. 2 in force at 20.12.2023, see art. 1(2)

Pensions (Increase) Act 1971 E+W

3.—(1) The Pensions (Increase) Act 1971(6) is modified as follows.

(2) In paragraph 51(aa) of Schedule 2 (official pensions: court and police staffs), for “a police and crime commissioner” substitute “the police and crime commissioner for North Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.

Commencement Information

I16 Sch. 5 para. 3 in force at 20.12.2023, see art. 1(2)

Local Government (Miscellaneous Provisions) Act 1976 E+W

4.—(1) The Local Government (Miscellaneous Provisions) Act 1976(7) is modified as follows.

(2) In section 29(1) (repayment of unclaimed compensation etc. paid into court)(8), 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) (power to forgo repayment of advances of renumeration paid to deceased employees)(9), for “maintained by a local authority”, substitute “maintained by the Mayor of the Combined Authority”.

(4) In section 44(1) (interpretation etc. of Part I), in paragraph (a)(10) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “13, 14, 16, 29 and 38”.

Commencement Information

I17 Sch. 5 para. 4 in force at 20.12.2023, see art. 1(2)

Local Government, Planning and Land Act 1980 E+W

5.—(1) The Local Government, Planning and Land Act 1980(11) is modified as follows.

(2) In section 99 (directions to dispose of land – supplementary)—

(a) after subsection (2), insert—

“(2A) Where a notice under subsection (1) is received by the Combined Authority which relates to land used wholly or partly in relation to the Mayor’s PCC functions, the Mayor is to make any representations under subsection (2) on behalf of the Combined Authority to the Secretary of State.”;

(b) in subsection (4)—

(i) in paragraph (dbzb)(12) at the end insert “or, as the case may be, the Mayor”;

(ii) omit paragraph (dc)(13).

Commencement Information

I18 Sch. 5 para. 5 in force at 20.12.2023, see art. 1(2)

Dartford-Thurrock Crossing Act 1988 E+W

6.—(1) The Dartford-Thurrock Crossing Act 1988(14) is modified as follows.

(2) In section 19(a)(i) (exemption from tolls), for “a local policing body” substitute “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”.

Commencement Information

I19 Sch. 5 para. 6 in force at 20.12.2023, see art. 1(2)

Local Government Finance Act 1988 E+W

7.—(1) The Local Government Finance Act 1988(15) is modified as follows.

(2) In section 114 (functions of responsible officer as regards reports)—

(a) for section (4)(b)(i)(16) substitute—

“(i) the Mayor exercising 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)(17), for “relevant authority”, substitute “Mayor”.

(3) In section 115 (authority’s duties as regards reports)—

(a) for subsection (1B)(18) substitute—

“(1B) In the case of a report made by the chief finance officer of the Combined Authority in relation to the Mayor’s PCC functions, the Mayor must consider the report and decide whether the Mayor agrees or disagrees with the views contained in the report and what action (if any) the Mayor proposes to take in consequence of it.”;

(b) in subsection (1E)—

(i) for “the elected local policing body”, substitute “the Mayor”;

(ii) for “that body”, in each place it occurs, substitute “the Mayor”;

(c) in subsection (1F)(b), for “elected local policing body’s” substitute “Combined Authority’s”;

(d) in subsection (2)(19), for “an elected local policing body” substitute “a Combined Authority in relation to a Mayor exercising PCC functions”.

(4) For section 116(2B)(20) (information about consideration of reports etc.), 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.”.

Commencement Information

I20 Sch. 5 para. 7 in force at 20.12.2023, see art. 1(2)

Road Traffic Act 1988 E+W

8.—(1) The Road Traffic Act 1988(21) is modified as follows.

(2) In section 144(2)(b) (exceptions from requirement of third-party insurance)—

(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”.

Commencement Information

I21 Sch. 5 para. 8 in force at 20.12.2023, see art. 1(2)

Local Government and Housing Act 1989 E+W

9.—(1) The 1989 Act is modified as follows.

(2) In section 1 (disqualification and political restriction of certain officers and staff)—

(a) in subsection (9)(22), for “an elected policing body” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”;

(b) in subsection (10)(23), 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 (designations and reports of head of paid service)—

(a) omit subsections (1) and (1A)(24);

(b) for subsection (4)(25), 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)(26), omit “(other than an elected policing body)”;

(d) in subsection (5A)(27), for “by the head of the body’s paid service” substitute “that relates to the Mayor’s PCC functions”.

(4) In section 5 (designation and reports of monitoring officer)—

(a) omit subsection (1C)(28);

(b) for subsection (3)(b)(a)(29), 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)(30)—

(aa) in sub-paragraph (i), omit “in the case of an elected policing body”;

(bb) omit sub-paragraph (ii);

(d) in subsection (8)(31), in the definition of “relevant authority” omit “an elected local policing body”.

(5) Omit section 7(1)(aa) (all staff to be appointed on merit)(32).

(6) Omit section 13(5ZA) (voting rights of members of certain committees: England and Wales)(33).

Commencement Information

I22 Sch. 5 para. 9 in force at 20.12.2023, see art. 1(2)

Police Act 1996 E+W

10.—(1) The Police Act 1996(34) is modified as follows.

(2) In section 22A(9)(a) (collaboration agreements)(35), for “that body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(3) In section 41 (directions as to minimum budget)(36)—

(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 council tax requirement”;

(b) in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “determination by the Mayor of the final amount of the PCC component”.

(4) In section 53E (guidance about civilian staff employed by local policing bodies and chief officers)(37)—

(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 88 (liability for wrongful acts of constables)(38)—

(a) in subsection (5A), 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), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(6) In section 92(1) (grants by local authorities)(39), for “parish or community” substitute “parish, community or Combined Authority”.

(7) In section 96(1B) (arrangements for obtaining the views of the community on policing)(40), 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”.

Commencement Information

I23 Sch. 5 para. 10 in force at 20.12.2023, see art. 1(2)

Police Reform Act 2002 E+W

11.—(1) The Police Reform Act 2002(41) is modified as follows.

(2) In section 40(7)(d) (community safety accreditation schemes)(42), for “local policing body” substitute “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”.

(3) In section 42(7) (supplementary provisions relating to designations and accreditations)(43)—

(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 Combined Authority”.

Commencement Information

I24 Sch. 5 para. 11 in force at 20.12.2023, see art. 1(2)

Proceeds of Crime Act 2002 E+W

12.—(1) The Proceeds of Crime Act 2002(44) is modified as follows.

(2) For section 55(8)(aa) (sums received by designated officer) substitute—

“(aa) a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions,”.

Commencement Information

I25 Sch. 5 para. 12 in force at 20.12.2023, see art. 1(2)

Local Government Act 2003 E+W

13.—(1) The 2003 Act is modified as follows.

(2) In section 7 (credit arrangements)—

(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”.

Commencement Information

I26 Sch. 5 para. 13 in force at 20.12.2023, see art. 1(2)

Railways and Transport Safety Act 2003 E+W

14.—(1) The Railways and Transport Safety Act 2003(45) is modified as follows.

(2) For paragraph 7(2)(c) of Schedule 4 (British Transport Police Authority), substitute—

“(c) a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions,”.

Commencement Information

I27 Sch. 5 para. 14 in force at 20.12.2023, see art. 1(2)

Local Government and Public Involvement in Health Act 2007 E+W

15.—(1) The Local Government and Public Involvement in Health Act 2007(46) is modified as follows.

(2) For section 15(1)(a) (incidental etc provision in orders or regulations), 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;”.

Commencement Information

I28 Sch. 5 para. 15 in force at 20.12.2023, see art. 1(2)

Local Democracy, Economic Development and Construction Act 2009 E+W

16.—(1) The 2009 Act is modified as follows.

(2) In paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections)(47), for “or deputy mayor” substitute “, deputy mayor or deputy mayor for policing and crime”.

Commencement Information

I29 Sch. 5 para. 16 in force at 20.12.2023, see art. 1(2)

Police Reform and Social Responsibility Act 2011 E+W

17.  The PRSR Act is modified as follows.

Commencement Information

I30 Sch. 5 para. 17 in force at 20.12.2023, see art. 1(2)

18.  In section 5 (police and crime commissioners to issue police and crime plans)(48)—

(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 “the police and crime commissioner” substitute “the Combined Authority”;

(ii) omit the definition of “ordinary election”.

Commencement Information

I31 Sch. 5 para. 18 in force at 20.12.2023, see art. 1(2)

19.  In section 7(7) (police and crime plans)(49)—

(a) in the definition of “financial year”, for “the elected local policing body” substitute “the Combined Authority”;

(b) omit the definition of “ordinary election”;

(c) in the definitions of “planning period” and “qualifying day”, for “ordinary election” substitute “election for the return of a Mayor”.

Commencement Information

I32 Sch. 5 para. 19 in force at 20.12.2023, see art. 1(2)

20.  In section 16 (appointment of persons not employed by elected local policing bodies)—

(a) for subsection (1), substitute—

“(1) This section applies where the Mayor, in connection with the exercise of the Mayor’s PCC functions, 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 specified duties or responsibilities.”;

(b) in subsection (2), for “the body” substitute “the Combined Authority”.

Commencement Information

I33 Sch. 5 para. 20 in force at 20.12.2023, see art. 1(2)

21.  In section 18 (delegation of functions by police and crime commissioners)(50)—

(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 Local Democracy, Economic Development and Construction Act 2009(51);”;

(ii) after paragraph (h), insert—

“(i) the Combined Authority.”;

(c) in subsection (7)—

(i) for paragraph (f), substitute—

“(f) calculating the PCC component council tax requirement.”.

(ii) omit paragraphs (g) and (h);

(d) 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.”.

Commencement Information

I34 Sch. 5 para. 21 in force at 20.12.2023, see art. 1(2)

22.  In section 21 (police fund), after subsection (3) insert—

“(3A) Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred or otherwise relates to, the exercise of the Mayor’s PCC functions.”.

Commencement Information

I35 Sch. 5 para. 22 in force at 20.12.2023, see art. 1(2)

23.  In section 28 (police and crime panels outside London)(52)—

(a) omit subsections (1A) and (1B);

(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”.

Commencement Information

I36 Sch. 5 para. 23 in force at 20.12.2023, see art. 1(2)

24.  In section 29 (power to require attendance and information)—

(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 by that person 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”.

Commencement Information

I37 Sch. 5 para. 24 in force at 20.12.2023, see art. 1(2)

25.  In section 30 (suspension of police and crime commissioner)—

(a) in subsection (1), for “relevant police and crime commissioner” substitute “Mayor so far as acting in the exercise of PCC functions”;

(b) in subsection (3), for “the police and crime commissioner” substitute “the Mayor”.

Commencement Information

I38 Sch. 5 para. 25 in force at 20.12.2023, see art. 1(2)

26.  In section 31(3) (conduct), for paragraphs (b) to (d) substitute—

“(b) deputy mayor for policing and crime.”.

Commencement Information

I39 Sch. 5 para. 26 in force at 20.12.2023, see art. 1(2)

27.  In section 62 (appointment of acting commissioner)—

(a) for subsection (1), substitute—

“(1) The police and crime panel must appoint a person to exercise the Mayor’s PCC 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 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 “(c) or”;

(h) omit subsection (8).

Commencement Information

I40 Sch. 5 para. 27 in force at 7.5.2024, see art. 1(3)

28.  For section 63 (vacancy where acting commissioner acts for 6 months), substitute—

“63.— (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.”.

Commencement Information

I41 Sch. 5 para. 28 in force at 20.12.2023, see art. 1(2)

29.  For section 64(3) to (4A) (disqualification from election as police and crime commissioner) (53), substitute—

“(3) A person is disqualified from being elected as the Mayor at an election held under the York and North Yorkshire Combined Authority Order 2023 if—

(a) the person has been nominated as a candidate for election as police and crime commissioner 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 held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017(54) 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.”.

Commencement Information

I42 Sch. 5 para. 29 in force at 20.12.2023, see art. 1(2)

30.  In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds)(55)—

(a) in subsection (1)(e), insert after paragraph (ii)—

“(iii) the Combined Authority;”;

(b) for subsection (1A), 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 York and North Yorkshire Combined Authority Order 2023;

(b) from being elected at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 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.”.

Commencement Information

I43 Sch. 5 para. 30 in force at 20.12.2023, see art. 1(2)

31.  In section 70 (declaration of acceptance of office of police and crime commissioner)(56)—

(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 the first reference to “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 and Housing 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 York and North Yorkshire 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 York and North Yorkshire.

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).

Commencement Information

I44 Sch. 5 para. 31 in force at 20.12.2023, see art. 1(2)

32.  In Schedule 1 (police and crime commissioners)—

(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 North Yorkshire, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for North Yorkshire,

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 8(57)—

(i) for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;

(ii) for sub-paragraphs (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 Mayor.

(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 a 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) allowances and gratuities to the deputy mayor for policing and crime where that person is not a member of staff of the Combined Authority.

(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 as such a member of staff 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.”.

Commencement Information

I45 Sch. 5 para. 32 in force at 20.12.2023, see art. 1(2)

33.  In Schedule 5 (issuing precepts)—

(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 “the 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”.

Commencement Information

I46 Sch. 5 para. 33 in force at 20.12.2023, see art. 1(2)

34.  In Schedule 6 (police and crime panels)(58)—

(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(1)(a), for the words “police and crime commissioner for that police area” substitute “Combined Authority”;

(c) in paragraph 33, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the elected Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”;

(d) in paragraph 34, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the current Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”.

Commencement Information

I47 Sch. 5 para. 34 in force at 20.12.2023, see art. 1(2)

35.  In Schedule 7 (regulations about complaints and conduct matters)(59)—

(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 Director General of the Independent Office for Police Conduct 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.”.

Commencement Information

I48 Sch. 5 para. 35 in force at 20.12.2023, see art. 1(2)

36.  In Schedule 8 (appointment, suspension and removal of senior police officers)(60)—

(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.”.

Commencement Information

I49 Sch. 5 para. 36 in force at 20.12.2023, see art. 1(2)

Local Audit and Accountability Act 2014 E+W

37.—(1) The Local Audit and Accountability Act 2014(61) is modified as follows—

(2) In Schedule 4 (further provisions about auditor panels)—

(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.”.

Commencement Information

I50 Sch. 5 para. 37 in force at 20.12.2023, see art. 1(2)

PART 2 E+W Secondary legislation

Motor Vehicles (Third Party Risks) Regulations 1972 E+W

38.—(1) The Motor Vehicles (Third Party Risks) Regulations 1972(62) are modified as follows.

(2) For regulation 7(3) (production of evidence as alternatives to certificates), 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.”.

Commencement Information

I51 Sch. 5 para. 38 in force at 20.12.2023, see art. 1(2)

Official Secrets Act 1989 (Prescription) Order 1990 E+W

39.—(1) The Official Secrets Act 1989 (Prescription) Order 1990(63) is modified as follows.

(2) In Schedule 2 (prescriptions), for “a Deputy police and crime commissioner”, substitute “a deputy mayor for policing and crime”.

Commencement Information

I52 Sch. 5 para. 39 in force at 20.12.2023, see art. 1(2)

Police (Disposal of Sound Equipment) Regulations 1995 E+W

40.—(1) The Police (Disposal of Sound Equipment) Regulations 1995(64) are modified as follows.

(2) In regulation 4(4) (application of proceeds of sale), for “local policing body” substitute “Combined Authority”.

Commencement Information

I53 Sch. 5 para. 40 in force at 20.12.2023, see art. 1(2)

Police (Property) Regulations 1997 E+W

41.—(1) The Police (Property) Regulations 1997(65) 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”.

Commencement Information

I54 Sch. 5 para. 41 in force at 20.12.2023, see art. 1(2)

Health and Safety (Enforcing Authority) Regulations 1998 E+W

42.—(1) The Health and Safety (Enforcing Authority) Regulations 1998(66) are modified as follows.

(2) In regulation 4(3)(d) (exceptions), for “a local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”.

Commencement Information

I55 Sch. 5 para. 42 in force at 20.12.2023, see art. 1(2)

Motor Vehicles (Driving Licences) Regulations 1999 E+W

43.—(1) The Motor Vehicles (Driving Licences) Regulations 1999(67) are modified as follows.

(2) In regulation 23(1)(c)(ii) (persons by whom theory tests may be conducted), 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) (persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted), 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) (provision of approved training courses), for “local policing body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

Commencement Information

I56 Sch. 5 para. 43 in force at 20.12.2023, see art. 1(2)

Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 E+W

44.—(1) The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999(68) is modified as follows.

(2) For paragraph 2 of Section 6 of Schedule 1 (Employment to which this Order applies: Employers immediately before the relevant event), substitute—

“2.   The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor’s PCC functions.”.

Commencement Information

I57 Sch. 5 para. 44 in force at 20.12.2023, see art. 1(2)

Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 E+W

45.—(1) The Motor Vehicles (Access to Driver Licensing Records) Regulations 2001(69) are modified as follows.

(2) In regulation 3(2) (further disclosure), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”.

Commencement Information

I58 Sch. 5 para. 45 in force at 20.12.2023, see art. 1(2)

Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 E+W

46.—(1) The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001(70) 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”.

Commencement Information

I59 Sch. 5 para. 46 in force at 20.12.2023, see art. 1(2)

Police Regulations 2003 E+W

47.—(1) The Police Regulations 2003(71) are modified as follows.

(2) In regulation 7(7)(a) (business interests of members of police forces: general), 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) (pay), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

Commencement Information

I60 Sch. 5 para. 47 in force at 20.12.2023, see art. 1(2)

Docking of Working Dogs’ Tails (England) Regulations 2007 E+W

48.—(1) The Docking of Working Dogs’ Tails (England) Regulations 2007(72) are modified as follows.

(2) In regulation 2 (interpretation), 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.”.

Commencement Information

I61 Sch. 5 para. 48 in force at 20.12.2023, see art. 1(2)

REACH Enforcement Regulations 2008 E+W

49.—(1) The REACH Enforcement Regulations 2008(73) 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.”.

Commencement Information

I62 Sch. 5 para. 49 in force at 20.12.2023, see art. 1(2)

Elected Local Policing Bodies (Specified Information) Order 2011 E+W

50.—(1) The Elected Local Policing Bodies (Specified Information) Order 2011(74) is modified as follows.

(2) In article 1(2) (interpretation)—

(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 3(75)—

(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 4(76)—

(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 purposes 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.”.

Commencement Information

I63 Sch. 5 para. 50 in force at 20.12.2023, see art. 1(2)

Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 E+W

51.—(1) The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012(77) are modified as follows.

(2) In regulation 2 (interpretation)—

(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 1989(78);”;

(b) in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;

(c) in the definition of “relevant office”, for paragraph (b) substitute—

“(b) deputy mayor for policing and crime;”.

(3) In regulation 7 (delegation of powers and duties by police and crime panels)—

(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) (disapplication of requirements of regulations), 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) In regulation 28(1) (informal resolution)—

(a) omit sub-paragraph (a);

(b) for sub-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 (resolution in accordance with Part 3 of the Local Government Act 2000), 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 2011.

(3) The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.”.

Commencement Information

I64 Sch. 5 para. 51 in force at 20.12.2023, see art. 1(2)

Police Appeals Tribunals Rules 2012 E+W

52.—(1) The Police Appeals Tribunal Rules 2012(79) are modified as follows.

(2) In rule 15(4) (legal and other representation) for “relevant local policing body” substitute “Combined Authority”.

Commencement Information

I65 Sch. 5 para. 52 in force at 20.12.2023, see art. 1(2)

Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012 E+W

53.—(1) The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012(80) are modified as follows.

(2) In regulation 3(2) (entities under the control of a relevant council)—

(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.”.

Commencement Information

I66 Sch. 5 para. 53 in force at 20.12.2023, see art. 1(2)

Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 E+W

54.—(1) The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012(81) are modified as follows.

(2) In regulation 4(2) (report on proposed precept), 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) (veto: police and crime commissioner’s response), for “precept that he now proposes to issue” substitute “PCC component that he now proposes to determine”.

(4) In regulation 6(2) (panel’s review of revised precept)—

(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 7 (police and crime commissioner’s consideration of second report), for “1st March” substitute “the penultimate working day in February”.

(6) In regulation 8 (issuing precept)—

(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”.

Commencement Information

I67 Sch. 5 para. 54 in force at 20.12.2023, see art. 1(2)

Local Government Pension Scheme Regulations 2013 E+W

55.—(1) The Local Government Pension Scheme Regulations 2013 are modified as follows.

(2) After regulation 64(8) (special circumstances where revised actuarial valuations and certificates must be obtained), 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 York and North Yorkshire Combined Authority Order 2023.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

Commencement Information

I68 Sch. 5 para. 55 in force at 20.12.2023, see art. 1(2)

Local Audit (Auditor Resignation and Removal) Regulations 2014 E+W

56.—(1) The Local Audit (Auditor Resignation and Removal) Regulations 2014(82) are modified as follows.

(2) In regulation 2 (application of these Regulations to policing bodies)—

(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”.

Commencement Information

I69 Sch. 5 para. 56 in force at 20.12.2023, see art. 1(2)

Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 E+W

57.—(1) The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 is modified as follows.

(2) In article 4(d) (date on which vacancy occurs)—

(a) in paragraph (ii), omit “or”;

(b) in paragraph (iii), at the end insert “or”;

(c) after paragraph (iii), insert—

“(iv) the mayor ceasing to hold office by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011;”.

Commencement Information

I70 Sch. 5 para. 57 in force at 20.12.2023, see art. 1(2)

Police Appeals Tribunals Rules 2020 E+W

58.—(1) The Police Appeals Tribunal Rules 2020(83) are modified as follows.

(2) In rule 19(4)(c) and (d) (legal and other representation), for “relevant local policing body” substitute “Combined Authority”.

Commencement Information

I71 Sch. 5 para. 58 in force at 20.12.2023, see art. 1(2)

Policing Protocol Order 2023 E+W

59.—(1) The Policing Protocol Order 2023(84) is modified as follows.

(2) In the Schedule—

(a) in paragraph 5, for “of each PCC”, substitute “deployed by the Combined Authority 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 Director General of the Independent Office for Police Conduct in line with legislation.”.

Commencement Information

I72 Sch. 5 para. 59 in force at 20.12.2023, see art. 1(2)

Article 33(3)

SCHEDULE 6 E+W Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions

PART 1 E+W Primary legislation

1.  Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)(85). E+W

Commencement Information

I73 Sch. 6 para. 1 in force at 20.12.2023, see art. 1(2)

2.  The following provisions of the Local Government Act 1972(86)— E+W

(a) section 102(6) to (11) (appointment of committees);

(b) section 223(2) (appearance of local authorities in legal proceedings);

(c) paragraph 6ZA of Part 1 of Schedule 12 (meetings and proceedings of local authorities).

Commencement Information

I74 Sch. 6 para. 2 in force at 20.12.2023, see art. 1(2)

3.  Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.)(87). E+W

Commencement Information

I75 Sch. 6 para. 3 in force at 20.12.2023, see art. 1(2)

4.  Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.)(88). E+W

Commencement Information

I76 Sch. 6 para. 4 in force at 20.12.2023, see art. 1(2)

5.  Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 (land held by public bodies)(89). E+W

Commencement Information

I77 Sch. 6 para. 5 in force at 20.12.2023, see art. 1(2)

6.  Sections 33 (enforceability by local authorities of certain covenants relating to land) and 41 (lost and uncollected property) of the Local Government (Miscellaneous Provisions) Act 1982(90). E+W

Commencement Information

I78 Sch. 6 para. 6 in force at 20.12.2023, see art. 1(2)

7.  Section 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers)(91). E+W

Commencement Information

I79 Sch. 6 para. 7 in force at 20.12.2023, see art. 1(2)

8.  Section 60 of the County Courts Act 1984 (right of audience)(92). E+W

Commencement Information

I80 Sch. 6 para. 8 in force at 20.12.2023, see art. 1(2)

9.  The following provisions of the Housing Act 1985(93)— E+W

(a) section 80(1) (the landlord condition);

(b) section 157(1) (restriction on disposal of dwelling-houses in National Parks);

(c) section 171(2) (power to extend right to buy);

(d) section 573(1) (meaning of public sector authority);

(e) paragraph 2(1) of Schedule 1 (tenancies which are not secure tenancies);

(f) grounds 7 and 12 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies);

(g) ground 5 in Schedule 3 (grounds for withholding consent to assignment by way of exchange);

(h) paragraph 7(1) of Schedule 4 (qualifying period for right to buy and discount);

(i) paragraph 5(1)(b) of Schedule 5 (exceptions to the right to buy).

Commencement Information

I81 Sch. 6 para. 9 in force at 20.12.2023, see art. 1(2)

10.  Section 38 of the Landlord and Tenant Act 1985 (minor definitions)(94). E+W

Commencement Information

I82 Sch. 6 para. 10 in force at 20.12.2023, see art. 1(2)

11.  Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent)(95). E+W

Commencement Information

I83 Sch. 6 para. 11 in force at 20.12.2023, see art. 1(2)

12.  Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords)(96). E+W

Commencement Information

I84 Sch. 6 para. 12 in force at 20.12.2023, see art. 1(2)

13.  Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration)(97). E+W

Commencement Information

I85 Sch. 6 para. 13 in force at 20.12.2023, see art. 1(2)

14.  Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies)(98). E+W

Commencement Information

I86 Sch. 6 para. 14 in force at 20.12.2023, see art. 1(2)

15.  Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities)(99). E+W

Commencement Information

I87 Sch. 6 para. 15 in force at 20.12.2023, see art. 1(2)

16.  Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases)(100). E+W

Commencement Information

I88 Sch. 6 para. 16 in force at 20.12.2023, see art. 1(2)

17.  Section 94 of the Police Act 1996 (financing of new police and crime commissioners)(101). E+W

Commencement Information

I89 Sch. 6 para. 17 in force at 20.12.2023, see art. 1(2)

18.  Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)(102). E+W

Commencement Information

I90 Sch. 6 para. 18 in force at 20.12.2023, see art. 1(2)

19.  Sections 21 and 22 of the Local Government Act 2003 (accounts)(103). E+W

Commencement Information

I91 Sch. 6 para. 19 in force at 20.12.2023, see art. 1(2)

20.  The following provisions of the Fire and Rescue Services Act 2004(104)— E+W

(a) section 3(7) and (9) (creation of combined fire and rescue authorities: supplementary);

(b) section 4A (power to provide for police and crime commissioner to be fire and rescue authority);

(c) Schedule A1 (procedure for orders under section 4A);

(d) Schedule A2 (application of legislation relating to police and crime commissioners).

Commencement Information

I92 Sch. 6 para. 20 in force at 20.12.2023, see art. 1(2)

21.  The following provisions of the PRSR Act (105)— E+W

(a) section 1, subsections (1) to (4) (police and crime commissioners)(106);

(b) sections 50 to 61 (elections and vacancies);

(c) section 69 (validity of acts);

(d) sections 71 to 75 (elections: further provision);

(e) section 102(3) (interpretation: police and crime commissioner’s staff);

(f) Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7 (police and crime commissioners);

(g) Schedule 6, paragraphs 33 to 35 (duty to nominate elected mayor to be a member of police and crime panel);

(h) Schedule 10 (elections: consequential amendments).

Commencement Information

I93 Sch. 6 para. 21 in force at 20.12.2023, see art. 1(2)

22.  Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities)(107). E+W

Commencement Information

I94 Sch. 6 para. 22 in force at 20.12.2023, see art. 1(2)

23.  The following provisions of the Policing and Crime Act 2017(108)— E+W

(a) section 5(7)(a) and (9)(a)(collaboration agreements: definitions);

(b) paragraph 92 of Schedule 1 (amendments to Schedule 6 of the Police Reform and Social Responsibility Act 2011).

Commencement Information

I95 Sch. 6 para. 23 in force at 20.12.2023, see art. 1(2)

PART 2 E+W Secondary legislation

24.  The Police and Crime Commissioner Elections Order 2012(109). E+W

Commencement Information

I96 Sch. 6 para. 24 in force at 20.12.2023, see art. 1(2)

25.  The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012(110). E+W

Commencement Information

I97 Sch. 6 para. 25 in force at 20.12.2023, see art. 1(2)

26.  The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012(111). E+W

Commencement Information

I98 Sch. 6 para. 26 in force at 20.12.2023, see art. 1(2)

27.  The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012(112). E+W

Commencement Information

I99 Sch. 6 para. 27 in force at 20.12.2023, see art. 1(2)

28.  The following provisions of Schedule 2 to the Local Government Pension Scheme Regulations 2013 (scheme employers)(113)— E+W

(a) paragraph 6 of Part 1;

(b) Part 4.

Commencement Information

I100 Sch. 6 para. 28 in force at 20.12.2023, see art. 1(2)

29.  The Police and Crime Commissioner Elections Order 2015(114). E+W

Commencement Information

I101 Sch. 6 para. 29 in force at 20.12.2023, see art. 1(2)

30.  Article 7 of the Chancellor of the Duchy of Lancaster Order 2015(115). E+W

Commencement Information

I102 Sch. 6 para. 30 in force at 20.12.2023, see art. 1(2)

31.  The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015(116). E+W

Commencement Information

I103 Sch. 6 para. 31 in force at 20.12.2023, see art. 1(2)

32.  The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020(117). E+W

Commencement Information

I104 Sch. 6 para. 32 in force at 20.12.2023, see art. 1(2)

33.  The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) (Amendment) Order 2020(118). E+W

Commencement Information

I105 Sch. 6 para. 33 in force at 20.12.2023, see art. 1(2)

34.  The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021(119). E+W

Commencement Information

I106 Sch. 6 para. 34 in force at 20.12.2023, see art. 1(2)

Article 46(2)

SCHEDULE 7 E+W Modification of enactments in their application to the Combined Authority as fire and rescue authority

PART 1 E+W Primary legislation

Local Government Act 1972 E+W

1.  In section 138(5) of the Local Government Act 1972 (powers of principal councils with respect to emergencies or disasters)(120), the reference to “metropolitan county fire and rescue authority” is to apply as if it included the Combined Authority as a fire and rescue authority.

Commencement Information

I107 Sch. 7 para. 1 in force at 20.12.2023, see art. 1(2)

Local Government Finance Act 1988 E+W

2.—(1) The Local Government Finance Act 1988(121) is modified as follows.

(2) Section 114 (functions of responsible officer as regards reports)(122) applies, in any case where the report prepared under subsection (2) or (3) of that section relates to the fire and rescue functions of the Combined Authority, as if subsection (4) included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel.

(3) Section 115 (authority’s duties as regards reports)(123) applies, in any case where a report prepared by the Mayor under subsection (1E) of that section relates to the fire and rescue functions of the Combined Authority, as if it included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel.

Commencement Information

I108 Sch. 7 para. 2 in force at 20.12.2023, see art. 1(2)

Local Government and Housing Act 1989 E+W

3.—(1) The Local Government and Housing Act 1989(124) is modified as follows.

(2) Section 4 (designation and reports of head of paid service)(125) applies, in any case where the report prepared under subsection (2) of that section relates to the fire and rescue functions of the Combined Authority, as if subsection (4) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel.

(3) Section 5 (designation and reports of monitoring officer)(126) applies, in any case where the report prepared under that section relates to the fire and rescue functions of the Combined Authority, as if subsection (3)(b) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel.

(4) In section 67 (application of provisions about companies in which local authorities have interests) subsection (3)(k)(127) applies as if the reference to a joint authority established by Part IV of that Act” included a reference to “the Combined Authority as a fire and rescue authority”.

(5) In section 155 (emergency financial assistance to local authorities) subsection (4)(g)(128) applies as if the reference to a joint authority established by Part IV of the Local Government Act 1985” included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I109 Sch. 7 para. 3 in force at 20.12.2023, see art. 1(2)

Crime and Disorder Act 1998 E+W

4.—(1) The Crime and Disorder Act 1998(129) is modified as follows.

(2) In the definition of “fire and rescue authority”, in section 5(5) (authorities responsible for strategies)(130), the reference in paragraph (b) to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

(3) In the definition of “relevant authority” in section 115(2) (disclosure of information)(131), the reference in paragraph (j) to “a metropolitan county fire and rescue authority” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I110 Sch. 7 para. 4 in force at 20.12.2023, see art. 1(2)

Local Government Act 2003 E+W

5.  In section 23(1) of the Local Government Act 2003 (meaning of “local authority” for purposes of Part 1)(132) the reference in paragraph (k) to “a joint authority established by Part IV of that Act” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I111 Sch. 7 para. 5 in force at 20.12.2023, see art. 1(2)

Fire and Rescue Services Act 2004 E+W

6.—(1) The 2004 Act is modified as follows.

(2) Section 4A (power to provide for police and crime commissioner to be fire and rescue authority)(133) has effect as if at the end of subsection (3)(b) there were inserted—

“, and

(c) outside the Area.”;

(3) Section 4B(1) (changes to existing fire and rescue authorities) has effect as if the reference to fire and rescue authorities in England outside Greater London did not include the Combined Authority.

(4) Section 28 (inspectors) of the 2004 Act applies as if for subsections (A6) to (A8)(134) there were substituted—

“(A6) When carrying out an inspection under subsection (A3) of the Combined Authority as fire and rescue authority, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

(A7) For the purposes of section (A6), the following are excluded functions—

(a) the function of preparing the priorities and objectives of the community risk management plan and the fire and rescue declaration;

(b) the function of allocating budget for fire and rescue functions;

(c) any function specified in article 26 of the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017(135).

(A8) In subsection (A7), “community risk management plan” has the meaning given in article 2 of the York and North Yorkshire Combined Authority Order 2023.”.

Commencement Information

I112 Sch. 7 para. 6 in force at 20.12.2023, see art. 1(2)

Local Democracy, Economic Development and Construction Act 2009 E+W

7.  Paragraph 1(3) of Schedule 5A (combined authorities: overview and scrutiny committees and audit committees)(136) to the 2009 Act applies as if, at the end of each of paragraphs (a) and (b), there were inserted “other than fire and rescue functions of the Combined Authority in respect of which the Police, Fire and Crime Panel has oversight functions”.

Commencement Information

I113 Sch. 7 para. 7 in force at 20.12.2023, see art. 1(2)

Police Reform and Social Responsibility Act 2011 E+W

8.—(1) The PRSR Act is modified as follows.

(2) Section 12(2) to (5) (annual reports) applies as if—

(a) references to an elected local policing body in subsections (2) and (4) were references to the Combined Authority as fire and rescue authority;

(b) the reference to the elected local policing body in subsection (3) were to the Mayor;

(c) references to an annual report were to a fire and rescue declaration;

(d) references to the relevant police and crime panel were to the Police, Fire and Crime Panel.

(3) Section 13 (information for police and crime panels) applies as if—

(a) references to an elected local policing body in subsections (2) and (4) were references to the Combined Authority as fire and rescue authority;

(b) references to the relevant police and crime panel were to the Police, Fire and Crime Panel.

(4) Section 17(2), (3) and (4) (duties when carrying out functions) applies as if—

(a) for subsection (2) there were substituted—

“(2) In carrying out functions in a particular financial year, the Combined Authority as fire and rescue authority must have regard to any report or recommendations made by the Police, Fire and Crime Panel for the previous financial year with respect to the fire and rescue declaration (see section 28(4)).”;

(b) in subsections (3) and (4), references to an elected local policing body were to the Combined Authority as fire and rescue authority.

(5) Section 28 (police and crime panels outside London) applies as if—

(a) subsection (1) were omitted;

(b) references to—

(i) a police and crime panel;

(ii) a police and crime panel for a police area, or

(iii) the police and crime panel for a police area in England,

were to the Police, Fire and Crime Panel;

(c) after subsection (1B)(137), there were inserted—

“(1C) Subsection (1D) applies if the person who is the mayor for a police area also exercises for that area—

(a) the functions of a police and crime commissioner, and

(b) fire and rescue functions.

(1D) The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.”;

(d) in subsection (2), the reference to the functions of the police and crime commissioner for that police area were to the fire and rescue functions of the Combined Authority;

(e) for subsection (3) there were substituted—

“(3) The Police, Fire and Crime Panel must—

(a) review any draft priorities and objectives, or the draft variation of the priorities and objectives, given to the panel by the Mayor in accordance with article 47 (PFCP: scrutiny of the community risk management plan) of the York and North Yorkshire Combined Authority Order 2023, and

(b) make a report or recommendations to the Mayor on the draft priorities and objectives, or the draft variation of the priorities and objectives.

(3A) For the purposes of subsection (3)—

(a) “priorities and objectives” means the Combined Authority’s priorities and objectives in connection with the discharge of that authority’s functions as a fire and rescue authority, as required to be set out in that authority’s community risk management plan, and

(b) “community risk management plan” has the meaning given in article 2 of the York and North Yorkshire Combined Authority Order 2023.”;

(f) in subsection (4)—

(i) references to an annual report were to a fire and rescue declaration;

(ii) references to the police and crime commissioner were to the Mayor;

(g) subsection (5) were omitted;

(h) in subsection (6)—

(i) for paragraph (a) there were substituted—

“(a) review or scrutinise decisions made, or other action taken, by the Combined Authority, the Mayor or the deputy mayor for policing and crime of the Combined Authority, or any other person in the exercise of fire and rescue functions pursuant to arrangements made under section 107D(3) of the 2009 Act in connection with the discharge of those fire and rescue functions,”;

(ii) in paragraph (b), references to the relevant police and fire commissioner were to whichever of the Combined Authority, the Mayor and the deputy mayor for policing and crime of the Combined Authority exercises fire and rescue functions;

(iii) in the words following paragraph (b), “or by Schedule 1, 5 or 8” were omitted;

(i) in subsection (7), references to the relevant police and crime commissioner were to whichever of the Combined Authority, the Mayor and the deputy mayor for policing and crime exercises fire and rescue functions;

(j) in subsection (8), reference to the police area were to the Area;

(k) subsection (10) were omitted.

(6) Section 29 (power to require attendance and information) applies as if the modifications made by paragraph 24 of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 did not apply, and as if—

(a) for subsection (1) there were substituted—

“(1) The Police, Fire and Crime Panel of the Combined Authority may require the following to attend before it (at reasonable notice) to answer any question which appears to the Police, Fire and Crime Panel to be necessary in order for it to carry out its oversight functions—

(a) the Mayor of the Combined Authority,

(b) the deputy mayor for policing and crime for the Combined Authority,

(c) staff of the Combined Authority deployed wholly or partly in relation to the Combined Authority’s fire and rescue functions,

(d) any member of the Combined Authority who exercises fire and rescue functions by virtue of arrangements made under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009.”;

(b) for subsection (2) there were substituted—

“(2) Nothing in subsection (1) requires a person mentioned in paragraphs (a) to (d) of that subsection to give any evidence, or produce any document, which discloses advice given by them to any other person mentioned in paragraphs (a), (b) or (d).”;

(c) in subsection (3)—

(i) references to a police and crime panel were to the Police, Fire and Crime Panel;

(ii) references to the relevant police and crime commissioner were to the Mayor;

(d) for subsections (4) and (5) there were substituted—

“(4) A person mentioned in paragraph (a), (b), (c) or (d) of subsection (1) must comply with any requirement imposed on them in accordance with subsection (1) or (3).”;

(e) for subsection (6), there were substituted—

“(6) If the Police, Fire and Crime Panel requires the Mayor or the deputy mayor for policing and crime to attend before the Panel, the Panel may (at reasonable notice) request the chief fire officer for the Area to attend before the Panel on the same occasion to answer any question which appears to the Panel to be necessary in order for it to carry out its functions.”.

(7) In Schedule 1, paragraph 9 (scrutiny of senior appointments) applies as if the modification made by paragraph 32(e) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023did not apply and as if—

(a) references to the police and crime commissioner were to the Mayor;

(b) references to the relevant police and crime panel were to the Police, Fire and Crime Panel;

(c) the reference to criteria in sub-paragraph (2)(b) included criteria relevant to the exercise, by the candidate, of fire and rescue functions.

(8) In Schedule 6—

(a) paragraph 4 (membership and status)(138) applies as if for sub-paragraph (6) there were substituted—

“(6) The Police, Fire and Crime Panel may not exercise any functions other than those conferred by this Act, by, or by virtue of the Fire and Rescue Services Act 2004, or by, or by virtue of, the York and North Yorkshire Combined Authority Order 2023 .”;

(b) paragraph 27 (special functions)(139) applies as if the special functions mentioned in sub-paragraph (2) of that paragraph included the following functions conferred on the Police, Fire and Crime Panel by, or by virtue of, the York and North Yorkshire Combined Authority Order 2023—

(i) scrutiny of the priorities and objectives of the community risk management plan;

(ii) scrutiny of the fire and rescue declaration;

(iii) scrutiny of the allocation of budget;

(iv) scrutiny of the appointment of a chief fire officer;

(c) in paragraph 32A(140) (duty to produce panel with fire and rescue expertise), sub-paragraphs (2) to (4) apply in relation to the Police, Fire and Crime Panel.

Commencement Information

I114 Sch. 7 para. 8 in force at 20.12.2023, see art. 1(2)

PART 2 E+W Secondary legislation

Pipelines Safety Regulations 1996 E+W

9.  In the Pipelines Safety Regulations 1996(141), in paragraph (a) of the definition of “local authority” in regulation 2(1) (interpretation) the reference to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I115 Sch. 7 para. 9 in force at 20.12.2023, see art. 1(2)

Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009 E+W

10.  In the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009(142), in article 1(2) the reference in paragraph (c) to “a metropolitan county fire and rescue authority” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I116 Sch. 7 para. 10 in force at 20.12.2023, see art. 1(2)

Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012 E+W

11.  In the Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012(143), in regulation 3 (relevant authorities) the reference in paragraph (a) to “a metropolitan county fire and rescue authority established under section 26 of the Local Government Act 1985” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I117 Sch. 7 para. 11 in force at 20.12.2023, see art. 1(2)

Local Government Pension Scheme Regulations 2013 E+W

12.  The Local Government Pension Scheme Regulations 2013(144) have effect as if, after paragraph (8) of regulation 64, there were inserted—

“(8A) Paragraph (8B) applies where the exiting employer is the FRA and the liabilities of the fund in respect of benefits due to the FRA’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 York and North Yorkshire Combined Authority Order 2023.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

Commencement Information

I118 Sch. 7 para. 12 in force at 20.12.2023, see art. 1(2)

Explosives Regulations 2014 E+W

13.  In regulation 2(1) of the Explosives Regulations 2014 (interpretation)(145), in the definition of “local authority” the reference in paragraph (c) to “a metropolitan county fire and rescue authority” is to apply as if it included a reference to “the Combined Authority as a fire and rescue authority”.

Commencement Information

I119 Sch. 7 para. 13 in force at 20.12.2023, see art. 1(2)

Control of Major Accident Hazards Regulations 2015 E+W

14.  In regulation 2(1) of the Control of Major Accident Hazards Regulations 2015(146), paragraph (b) of the definition of “local authority” is to apply as if for sub-paragraph (ii) there were substituted—

“(ii) the Area, the Combined Authority as a fire and rescue authority;”.

Commencement Information

I120 Sch. 7 para. 14 in force at 20.12.2023, see art. 1(2)

Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 E+W

15.  In the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017(147), articles 3 to 23 apply as if—

(a) references to “the Authority”, other than the reference in article 21(3)(c), were to the Mayor in the exercise of the fire and rescue functions of the Combined Authority;

(b) references to the police and crime panel were to the Police, Fire and Crime Panel;

(c) in article 6(8) (panel to review and report on proposed appointment of chief fire officer)—

(i) in sub-paragraph (a), for “ordinary election of a police and crime commissioner under section 50 of the Police Reform and Social Responsibility Act 2011” there were substituted “election for the return of the Mayor”;

(ii) in sub-paragraph (b)—

(aa) for “police and crime commissioner” there were substituted “Mayor”;

(bb) for “that Act” there were substituted “the Police Reform and Social Responsibility Act 2011”;

(d) in article 21(3)(c) (response to representations regarding proposal to dismiss chief fire officer) the reference to the head of the Authority’s paid service were a reference to the Combined Authority’s head of paid service.

Commencement Information

I121 Sch. 7 para. 15 in force at 20.12.2023, see art. 1(2)

(1)

Section 107A(6) of the 2009 Act provides that the mayor for the area of a combined authority is by virtue of that office a member of, and chair of, the combined authority.

(2)

S.I. 2017/611.

(3)

Column 1 of Part 1 of Schedule 1 to the National Park Authorities (England) Order 2015 (S.I. 2015/770) lists the National Parks.

(4)

1897 c. 30. Section 2(2A) was inserted by section 1 of the Police (Property) Act 1997 (c. 30) and amended by paragraph 62 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).

(5)

1961 c. 62. There are amendments to paragraph 9 of Part 2 of the First Schedule not relevant to this instrument.

(6)

1971 c. 56. Paragraph 51 was amended by Part 1 of Schedule 9 to the Police Act 1996 (c. 16) and by paragraph 97 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(7)

1976 c. 57.

(8)

Section 29(1) was amended by paragraph 14 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

(9)

Section 30(3) was substituted by paragraph 126 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(10)

The definition of “local authority” was substituted by paragraph 53 of Schedule 14 to the Local Government Act 1985 (c. 51) and amended by paragraph 43(a) of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraph 127 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, and paragraph 36 of Schedule 1 to and paragraph 51 of Schedule 2 to the Policing and Crime Act 2017. There are other amendments not relevant to this instrument.

(11)

1980 c. 65.

(12)

Section 99(4)(dbzb) was inserted by paragraph 51 of Schedule 6 to the 2009 Act.

(13)

Section 99(4)(dc) was inserted by paragraph 141 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(14)

1988 c. 20.

(15)

1988 c. 41. Section 19(a)(i) was substituted by paragraph 177 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments to section 19 not relevant to this instrument.

(16)

Section 114(4)(b) was substituted by paragraph 188(5) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(17)

Subsection (8A)(b) was inserted by paragraph 188(6) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(18)

Section 115(1B) to (1F) were inserted by paragraph 189(2) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(19)

Section 115(2) was amended by paragraph 189(3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and by S.I. 2018/226.

(20)

Section 116(2B) was inserted by paragraph 190(3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011

(21)

1988 c. 52. Section 144(2)(b) was amended by Part VII of Schedule 34 to the Greater London Authority Act 1999 (c. 29), paragraph 197(3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011, and paragraph 8 of Schedule 12 to the Policing and Crime Act 2017 (c. 3).

(22)

Section 1(9) was inserted by paragraph 200 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and amended by section 123(2) of, and paragraph 61 of Schedule 2 and paragraph 86 of Schedule 2 to, the Policing and Crime Act 2017.

(23)

Section 1(10) was inserted by section 123(3) of the Policing and Crime Act 2017.

(24)

Section 4(1A) was inserted by paragraph 201(2) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(25)

Section 4(4) was amended by paragraph 201(3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011, and by paragraph 62(2) of Schedule 1 and paragraph 87(2) of Schedule 2 to, the Policing and Crime Act 2017.

(26)

Section 4(5) was amended by paragraph 201(4) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(27)

Section 4(5A) was inserted by paragraph 201(5) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(28)

Section 5(1C) was inserted by paragraph 202(3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(29)

Section 5(3)(b) was amended by paragraph 202(4) of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(30)

Section 5(5)(a) was amended by paragraph 202(5) of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(31)

The definition of “relevant authority” was amended by paragraph 63(4)(b) of Schedule 1 to the Policing and Crime Act 2017. There are other amendments not relevant to this instrument.

(32)

Section 7(1)(aa) was inserted by paragraph 203(b) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(33)

Section 13(5ZA) was inserted by section 7(8) of the Policing and Crime Act 2017.

(34)

1996 c. 16.

(35)

Section 22A was inserted by section 89(2) of the Police Reform and Social Responsibility Act 2011. There are amendments to section 22A not relevant to this instrument.

(36)

Section 41 was amended by paragraph 28 of Schedule 2 to the Police and Justice Act 2006 (c. 48), section 22 of the Police Reform and Social Responsibility Act 2011, and by paragraph 33 of Schedule 7 to the 2011 Act.

(37)

Section 53E was inserted by section 125 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(38)

Section 88 was amended by paragraph 85 of Schedule 9 to the Police Act 1997 (c. 50), sections 102(1) and (4) and 103(1) of the Police Reform Act 2002, paragraph 80(3) of Schedule 4 and paragraph 1 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 42 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 paragraph 45 of Schedule 8 to the Crime and Courts Act 2013 (c. 22) and by S.I. 2012/1809 and 2019/742.

(39)

Section 92(1) was amended by section 25(4)(a) of the Police Reform and Social Responsibility Act 2011.

(40)

Section 96(1B) was inserted by section 14(3) of the Police Reform and Social Responsibility Act 2011.

(41)

2002 c. 30.

(42)

Section 40(7)(d) was amended by paragraph 295(4) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(43)

Section 42(7) was amended by paragraph 296 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(44)

2002 c. 29. Section 55(8)(aa) was inserted by paragraph 305 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(45)

2003 c. 20. Paragraph 7(2)(c)of schedule 4 was inserted by paragraph 328 of schedule 16 to the Police Reform and Responsibility Act 2011.

(46)

2007 c. 28. Section 15(1)(a) was amended by paragraph 14(2)(a) of Schedule 10 to the Police Reform and Social Responsibility Act 2011.

(47)

Schedule 5B was inserted by Schedule 1 to the 2016 Act.

(48)

There are amendments to section 5 not relevant to this instrument.

(49)

Section 7 was amended by paragraph 97 of Schedule 11 to the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(50)

Section 18 was amended by paragraph 53 of Schedule 7 to the 2011 Act, paragraph 116 of Schedule 12 to the Local Audit and Accountability Act 2014 (c. 2), and section 23(2) of the Policing and Crime Act 2017 (c. 3).

(51)

2009 c. 20. Section 107C was inserted by section 3 of the 2016 Act.

(52)

Section 28 was amended by paragraph 89 of Schedule 1 to the Policing and Crime Act 2017.

(53)

Subsections (3A) and (4A) were inserted by S.I. 2017/470.

(54)

S.I. 2017/69.

(55)

Section 65 was amended by paragraph 184 of Schedule 8 to the Crime and Courts Act 2013 (c. 22), section 122(1) of and paragraph 73(2) of Schedule 9 to, the Policing and Crime Act 2017 (c. 3) and by S.I. 2021/1265.

(56)

Section 70 was amended by S.I. 2021/1265.

(57)

Paragraph 8 of Schedule 1 was amended by section 121 of the Policing and Crime Act 2017.

(58)

There are amendments to Schedule 6 not relevant to this instrument.

(59)

Schedule 7 was amended by paragraph 73 of Schedule 9 to the Policing and Crime Act 2017. There are other amendments to Schedule 7 not relevant to this instrument.

(60)

There are amendments to Schedule 8 not relevant to this instrument.

(61)

2014 c. 2.

(62)

S.I. 1972/1217. Regulation 7(3) was amended by S.I. 2011/3058. There are other amending instruments not relevant to this instrument.

(63)

S.I. 1990/200, amended by S.I. 2012/2900. There are other amending instruments not relevant to this instrument.

(64)

S.I. 1995/722. Regulation 4 was amended by S.I. 2000/1549 and 2011/3058.

(65)

S.I. 1997/1908. Regulation 6 was amended by S.I. 2002/2313 and 2013/2318. Regulation 7 was amended by paragraph 320 of the Sentencing Act 2020 (c. 17).

(66)

S.I. 1998/494. Regulation 4(3)(d) was amended by S.I. 2011/3058. There are other amendments to regulation 4 not relevant to this instrument.

(67)

S.I. 1999/2864, amended by S.I. 2011/3058. There are other amending instruments not relevant to this instrument.

(68)

S.I. 1999/2277. Paragraph 2 of Section 6 of Schedule 1 was substituted by S.I. 2012/2733.

(69)

S.I. 2001/3343. Regulation 3(2) was amended by S.I. 2011/3058.

(70)

S.I. 2001/2645. Regulation 2 was amended by S.I. 2012/61.

(71)

S.I. 2003/527. Regulation 7 was substituted by S.I. 2012/1960. Regulation 24(1) was amended by S.I. 2011/3026.

(72)

S.I. 2007/1120. The definition of “police identification” was amended by S.I. 2012/61.

(73)

S.I. 2008/2852. Paragraph 5(c) of Part 3 of Schedule 3 was amended by S.I. 2011/3058.

(74)

S.I. 2011/ 3050.

(75)

Paragraph 3 of the Schedule was amended by S.I. 2012/2479 and 2013/1816.

(76)

Paragraph 4 of the Schedule was amended by S.I. 2012/2479.

(77)

S.I. 2012/62 to which there are amendments not relevant to this instrument.

(78)

1989 c. 42.

(79)

S.I. 2012/2630, subject to modification and saving by S.I. 2020/1.

(80)

S.I. 2012/2087.

(81)

S.I. 2012/2271.

(82)

S.I. 2014/1710.

(83)

S.I. 2020/1.

(84)

S.I. 2023/649.

(85)

1967 c. 88. Section 28(5)(a) was amended by paragraph 85 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13). There are other amendments to section 28 not relevant to this instrument.

(86)

1972 c. 70. Section 102(6) to (11) and paragraph 6ZA were inserted by section 7 of the Policing and Crime Act 2017 (c. 3). Section 223 was amended by paragraph 21 of Schedule 14 to the Local Government Act 1985 (c. 51), part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40), paragraph 12 of Schedule 4 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraph 17(a) of Schedule 22 and Schedule 24 to the Environment Act 1995 (c. 25), paragraph 28 of Schedule 21 to the Legal Services Act 2007 (c. 29), paragraph 24 of Schedule 6 to the 2009 Act, paragraph 109 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, paragraph 6(7)(k) of Schedule 13 to the Deregulation Act 2015 (c. 20), paragraph 27 of Schedule 1 to the Policing and Crime Act 2017, and by S.I. 2001/3719 and 2022/372.

(87)

1976 c. 80. Section 5(3)(baa) was inserted by paragraph 52 of Schedule 4 to the Police and Magistrates’ Court Act 1994 and amended by paragraph 134 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(88)

1977 c. 42. Section 14(1)(caa) was inserted by paragraph 53 of Schedule 4 to the Police and Magistrates’ Court Act 1994 and amended by paragraph 135 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(89)

1980 c. 65. Section 96A was inserted, and section 97 substituted, by paragraphs 2 and 3 of Schedule 5 to the Local Government Act 1988 (c. 9). Section 98 was amended by paragraphs 4 (2) and (3) of the Local Government Act 1988; the section 176(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), and by S.I. 2009/1941.

(90)

1982 c. 30. Section 33 was amended by paragraph 6 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), paragraph 56(2)(a) of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, paragraph 156 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, paragraphs 6(1) and 16(a) of Schedule 13 to the Deregulation Act 2015, and paragraph 66 of Schedule 2 to the Policing and Crime Act 2017. There are other amendments to section 33 not relevant to this instrument.

(91)

1983 c. 2. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6) and amended by paragraph 4 of Schedule 2 to the Recall of MPs Act 2015 (c. 25) and by S.I. 2018/1310. Section 13B was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by section 11 of the Electoral Administration Act 2006 (c. 22), section 6(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), paragraph 3 of Schedule 10 to the Police Reform and Social Responsibility Act 2011, paragraph 13 of Schedule 4 to the Electoral Registration and Administration Act 2013, and paragraph 5 of Schedule 2 to the Recall of MPs Act 2015, and by S.I. 2018/1310.

(92)

1984 (c. 28). Section 60 was amended by paragraph 58 of Schedule 6 to the 2009 and paragraph 159 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(93)

1985 c. 68. There are amendments not relevant to this instrument.

(94)

1985 c. 70. The definition of “local authority” in section 38 was amended by paragraph 70 of Schedule 6 to the 2009 Act and paragraph 75 of Schedule 2 to the Policing and Crime Act 2017. There are other amendments not relevant to this instrument.

(95)

1986 c. 10.

(96)

1987 c. 31. Section 58(1)(a) was amended by paragraph 72 of Schedule 6 to the 2009 and paragraph 176 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(97)

1988 c. 41. Section 111 was amended by paragraph 186 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. Section 114(4)(b) was substituted by paragraph 118 of Schedule 16 to the Police Reform and Social Responsibility Act 2011. Section 114A was inserted by S.I. 2001/2237. There are other amendments not relevant to this instrument.

(98)

1988 c. 50. Paragraph 12(2)(g) was substituted by paragraph 178 of Schedule 16 to the Police Reform and Social Responsibility.

(99)

1992 c. 14. Section 39 was amended by section 26(2) of the Police Reform and Social Responsibility Act 2011. There are other amendments not relevant to this instrument.

(100)

1994 c. 23. Section 33 was amended by paragraph 217 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(101)

1996 c. 16. Section 94 was amended by section 25(7) to (11) of the Police Reform and Social Responsibility Act 2011.

(102)

2000 c. 36. Paragraph 57 of Schedule 1 was substituted by paragraph 249 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(103)

2003 c. 26.

(104)

2004 c. 21. Section 3(7) and (9) were inserted by section 7(12) of the Policing and Crime Act 2017. Section 4A was inserted by paragraph 5 of Schedule 1 to that Act. Schedules A1 and A2 were inserted by paragraph 13 of Schedule 1 to that Act.

(105)

2011 c. 13.

(106)

Section 1 was amended by section 183 of the Policing and Crime Act 2017.

(107)

2014 c. 2.

(108)

2017 c. 3.

(109)

S.I. 2012/1917, amended by S.I. 2014/921, 2016/300, 2017/67, 2018/1310, 2021/1265, 2022/1275, 2022/1354 and 2022/1382.

(110)

S.I. 2012/1918, amended by S.I. 2016/300 and 2022/263.

(111)

S.I. 2012/2088, amended by S.I. 2015/1526, 2016/488, 2021/179, and 2021/1265.

(112)

S.I. 2012/2553.

(113)

S.I. 2013/2356.

(114)

S.I. 2015/665.

(115)

S.I. 2015/1376.

(116)

S.I. 2015/1526.

(117)

S.I. 2020/134, amended by S.I. 2021/258 and 2022/1079.

(118)

S.I. 2020/136, amended by S.I. 2021/259 and 2022/1079.

(119)

S.I. 2021/390, amended by S.I. 2022/1079.

(120)

1972 c. 70. Section 138 was amended by Part 1 of Schedule 34 to the Local Government, Planning and Land Act 1980 (c. 65), section 156 of the Local Government and Housing Act 1989 (c. 42), paragraph 22(2) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), paragraphs 7 and 10 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36) and paragraph 40 of Schedule 2 to the Policing and Crime Act 2017.

(121)

1988 c. 41.

(122)

Section 114 was amended by paragraph 66 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42), paragraph 34 of Schedule 4 to the Police and Magistrates’ Court Act 1994 (c. 29), section 130 of the Greater London Authority Act 1999 (c. 29), Part 5 of Schedule 7 to the Criminal Justice and Police Act 2001 (c. 16), paragraph 188 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) and by S.I. 2001/2237, 2018/226 and 2021/1349.

(123)

Section 115 was amended by section 131 of the Greater London Authority Act 1999, section 30 of the Local Government Act 2003 (c. 26), paragraph 189 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, paragraph 2 of Schedule 20 and paragraph 1 of Schedule 25 to the Localism Act 2011, and by S.I. 2018/226 and 2021/1349.

(124)

1989 c. 42.

(125)

Section 4 was amended by paragraph 161(3) of Schedule 13, and Schedule 14, to the Local Government etc. (Scotland) Act 1994 (c. 39), paragraph 201 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, paragraph 12(2) of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1), paragraph 62(2) of Schedule 1 and paragraph 87(2) of Schedule 2 to the Policing and Crime Act 2017 and by S.I. 1995/789 and 2021/231.

(126)

Section 5 was amended by paragraph 35(b) and (c) of Schedule 4 to the Police and Magistrates’ Courts Act 1994, Schedule 14 to the Local Government etc. (Scotland) Act 1994, section 132(2) of the Greater London Authority Act 1999, paragraph 24 of Schedule 5 to the Local Government Act 2000 (c. 22), section 113(3) of the Local Government Act 2003, paragraph 24 of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005 (c. 10), paragraph 14 of Schedule 12 and paragraph 1 of Schedule 18 to the Local Government and Public Involvement in Health Act 2007 (c. 28), paragraph 13 of Schedule 14 and paragraph 1 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 202 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, section 95(2) of the Local Government (Wales) Measure 2011 (nawm 4), paragraph 63 of Schedule 1 and paragraph 88 of Schedule 2 to the Policing and Crime Act 2017, paragraph 11 of Schedule 5 to the Public Services Ombudsman (Wales) Act 2019 (anaw 3), paragraph 8 of Schedule 5 to the Local Government and Elections (Wales) Act 2021 (asc 1), and by S.I. 2001/2237 and 2002/808.

(127)

Subsection (3)(k) was amended by paragraph 19(3)(b) of Schedule 2 to the Civil Contingencies Act 2004.

(128)

Subsection (4)(g) was amended by paragraph 457(2) of Schedule 4 to the Local Transport Act 2008 (c. 26), and by Schedule 12 to the Natural Environment and Rural Communities Act 2006 (c. 16).

(129)

1998 c. 37.

(130)

Section 5(5) was inserted by section 97(6) of the Police Reform Act 2002 (c. 30) and amended by paragraph 89(2)(b) of Schedule 1 to the Fire and Rescue Services Act 2004 (c. 21), paragraph 2(8)(b) of Schedule 11 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraph 78 of Schedule 1 and paragraph 104 of Schedule 2 to the Policing and Crime Act 2017.

(131)

Section 115(2) was amended by paragraph 7(2) of Schedule 9 to the Police and Justice Act 2006 (c. 48). There are other amendments not relevant to this instrument.

(132)

2003 c. 26. Paragraph (k) was amended by paragraph 10(3)(e) of Schedule 2 to the Civil Contingencies Act 2004. There are other amendments to section 23 not relevant to this instrument.

(133)

Sections 4A to 4M were inserted by paragraph 5 of Schedule 1 to the Policing and Crime Act 2017.

(134)

Paragraphs (A1) to (A9) of section 28 were inserted by section 11(2) of the Policing and Crime Act 2017.

(135)

S.I. 2017/863.

(136)

Schedule 5A was inserted by section 8 of and Schedule 3 to the Cities and Local Government Devolution Act 2016 (c. 1).

(137)

Subsections (1A) and (1B) were inserted by paragraph 89 of Schedule 1 to the Policing and Crime Act 2017.

(138)

Paragraph 4(6) was amended by paragraph 92(2) of Schedule 1 to the Policing and Crime Act 2017.

(139)

Paragraph 27 was amended by paragraph 92(4) of Schedule 1 to the Policing and Crime Act 2017.

(140)

Paragraph 32A was inserted by paragraph 92(5) of Schedule 1 to the Policing and Crime Act 2017.

(141)

S.I. 1996/825. Regulation 2 was amended by paragraph 10(1) and (2) of Schedule 2 of the Civil Contingencies Act 2004 and by S.I. 2018/269.

(142)

S.I. 2009/2393.

(143)

S.I. 2012/1647. There are amendments to regulation 3 not relevant to this instrument.

(144)

S.I. 2013/2356, amended by S.I. 2014/1012, 2014/1146, 2015/755, 2016/449, 2016/653, 2017/126, 2017/251, 2017/612, 2018/103, 2018/269, 2018/493, 2018/1133, 2019/615, 2020/123, 2020/179, 2020/893, 2021/272, and 2023/187.

(145)

S.I. 2014/1638. There are amendments to regulation 2 not relevant to this instrument.

(146)

S.I. 2015/483. There are amendments to regulation 2 not relevant to this instrument.

(147)

S.I. 2017/863.