Statutory Instruments
2024 No. 186
Police, England And Wales
The Police and Crime Commissioner Elections (Designation of Local Authorities and Police Area Returning Officers) Order 2024
Made
21st February 2024
Coming into force
22nd February 2024
The Secretary of State makes this Order in exercise of the powers conferred by sections 54(1)(b), 75(1) and 154(5)(b) of the Police Reform and Social Responsibility Act 2011(1).
The Secretary of State has consulted the Electoral Commission in accordance with section 7(1) and (2)(ha) of the Political Parties, Elections and Referendums Act 2000(2) in relation to the designations of returning officers for elections of persons as police and crime commissioners in England and Wales.
Citation, commencement, extent, application and interpretationE+W
1.—(1) This Order may be cited as the Police and Crime Commissioner Elections (Designation of Local Authorities and Police Area Returning Officers) Order 2024 and comes into force on the day after the day on which it is made.
(2) This Order extends to England and Wales.
(3) This Order does not apply in respect of any election for which the date of poll, as specified in the notice of election published in accordance with rule 4 in Part 1 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012(3), is on or before 1st May 2024.
(4) In this Order—
“the 2011 Act” means the Police Reform and Social Responsibility Act 2011;
“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)(4), other than Greater Manchester(5), North Yorkshire(6) and West Yorkshire(7).
Commencement Information
I1Art. 1 in force at 22.2.2024, see art. 1(1)
Designation of local authorities in EnglandE+W
2. In respect of each police area in England listed in column 1 of the table in Schedule 1, for the purpose of section 75(1) of the 2011 Act (the appropriate officer), the designated local authority is the authority listed in the corresponding entry in column 2 of that table.
Commencement Information
I2Art. 2 in force at 22.2.2024, see art. 1(1)
Designation of local authorities in WalesE+W
3. In respect of each police area in Wales listed in column 1 of the table in Schedule 2, for the purpose of section 75(1) of the 2011 Act (the appropriate officer), the designated local authority is the authority listed in the corresponding entry in column 2 of that table.
Commencement Information
I3Art. 3 in force at 22.2.2024, see art. 1(1)
Designation of police area returning officers in EnglandE+W
4. In respect of each police area in England listed in column 1 of the table in Schedule 3, the police area returning officer is the person who is the acting returning officer(8) for the parliamentary constituency listed in the corresponding entry in column 2 of that table.
Commencement Information
I4Art. 4 in force at 22.2.2024, see art. 1(1)
Designation of police area returning officers in WalesE+W
5. In respect of each police area in Wales listed in column 1 of the table in Schedule 4, the police area returning officer is the person who is the acting returning officer(9) for the parliamentary constituency listed in the corresponding entry in column 2 of that table.
Commencement Information
I5Art. 5 in force at 22.2.2024, see art. 1(1)
Consequential amendmentsE+W
6.—(1) In the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017(10), in Schedule 2 (exclusion of legislation from application to the combined authority mayor with policing and crime functions) omit paragraphs 32 and 33.
(2) In the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021(11), in Schedule 6 (exclusion of legislation from application to the combined authority mayor with policing and crime functions) omit paragraphs 32 and 33.
(3) In the York and North Yorkshire Combined Authority Order 2023(12), in Schedule 6 (exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions) omit paragraphs 32 and 33.
Commencement Information
I6Art. 6 in force at 22.2.2024, see art. 1(1)
Revocations and savingsE+W
7.—(1) Subject to paragraph (3), the following Orders are revoked—
(a)the Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020(13);
(b)the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020(14);
(c)the Police and Crime Commissioner Elections (Designation of Local Authorities) (Amendment) Order 2021(15);
(d)the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) (Amendment) Order 2021(16).
(2) Subject to paragraph (3), omit articles 2 and 3 of the Police and Crime Commissioner Elections (Designations etc.) (Amendment) Order 2022(17).
(3) The Orders revoked by paragraph (1) and the articles omitted by paragraph (2) continue to have effect in respect of any election for which the date of poll, as specified in the notice of election published in accordance with rule 4 in Part 1 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012, is on or before 1st May 2024.
Commencement Information
I7Art. 7 in force at 22.2.2024, see art. 1(1)
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Simon Hoare
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities
21st February 2024
Article 2
SCHEDULE 1E+WDesignated local authorities in England
Commencement Information
I8Sch. 1 in force at 22.2.2024, see art. 1(1)
| (1) Name of police area | (2) Local authority |
|---|---|
| Avon and Somerset | Bath and North East Somerset Council |
| Bedfordshire | Luton Council |
| Cambridgeshire | East Cambridgeshire District Council |
| Cheshire | Halton Borough Council |
| Cleveland | Stockton-on-Tees Borough Council |
| Cumbria | Cumberland Council |
| Derbyshire | Derby City Council |
| Devon and Cornwall | Plymouth City Council |
| Dorset | Bournemouth, Christchurch and Poole Council |
| Durham | Durham County Council |
| Essex | Colchester City Council |
| Gloucestershire | Gloucester City Council |
| Hampshire and Isle of Wight | Southampton City Council |
| Hertfordshire | Broxbourne Borough Council |
| Humberside | East Riding of Yorkshire Council |
| Kent | Gravesham Borough Council |
| Lancashire | Blackburn with Darwen Borough Council |
| Leicestershire | Leicester City Council |
| Lincolnshire | City of Lincoln Council |
| Merseyside | Liverpool City Council |
| Norfolk | Broadland District Council |
| Northamptonshire | West Northamptonshire Council |
| Northumbria | Sunderland City Council |
| Nottinghamshire | Rushcliffe Borough Council |
| South Yorkshire | Barnsley Metropolitan Borough Council |
| Staffordshire | East Staffordshire Borough Council |
| Suffolk | West Suffolk Council |
| Surrey | Reigate and Banstead Borough Council |
| Sussex | Brighton and Hove City Council |
| Thames Valley | West Berkshire Council |
| Warwickshire | North Warwickshire Borough Council |
| West Mercia | Telford and Wrekin Council |
| West Midlands | Coventry City Council |
| Wiltshire | Wiltshire Council |
Article 3
SCHEDULE 2E+WDesignated local authorities in Wales
Commencement Information
I9Sch. 2 in force at 22.2.2024, see art. 1(1)
| (1) Name of police area | (2) Local authority |
|---|---|
| Dyfed Powys | Ceredigion County Council |
| Gwent | Caerphilly County Borough Council |
| North Wales | Wrexham County Borough Council |
| South Wales | Neath Port Talbot Council |
Article 4
SCHEDULE 3E+WDesignated police area returning officers in England
Commencement Information
I10Sch. 3 in force at 22.2.2024, see art. 1(1)
| (1) Name of police area | (2) Parliamentary constituency |
|---|---|
| Avon and Somerset | Bath |
| Bedfordshire | Luton South |
| Cambridgeshire | South East Cambridgeshire |
| Cheshire | Halton |
| Cleveland | Stockton North |
| Cumbria | Workington |
| Derbyshire | Derby North |
| Devon and Cornwall | Plymouth, Moor View |
| Dorset | Bournemouth East |
| Durham | Bishop Auckland |
| Essex | Colchester |
| Gloucestershire | Gloucester |
| Hampshire and Isle of Wight | Southampton, Test |
| Hertfordshire | Broxbourne |
| Humberside | Beverley and Holderness |
| Kent | Gravesham |
| Lancashire | Blackburn |
| Leicestershire | Leicester West |
| Lincolnshire | Lincoln |
| Merseyside | Liverpool, Riverside |
| Norfolk | Broadland |
| Northamptonshire | Northampton North |
| Northumbria | Sunderland Central |
| Nottinghamshire | Rushcliffe |
| South Yorkshire | Barnsley Central |
| Staffordshire | Burton |
| Suffolk | West Suffolk |
| Surrey | Reigate |
| Sussex | Brighton, Pavilion |
| Thames Valley | Newbury |
| Warwickshire | North Warwickshire |
| West Mercia | The Wrekin |
| West Midlands | Coventry South |
| Wiltshire | Salisbury |
Article 5
SCHEDULE 4E+WDesignated police area returning officers in Wales
Commencement Information
I11Sch. 4 in force at 22.2.2024, see art. 1(1)
| (1) Name of police area | (2) Parliamentary constituency |
|---|---|
| Dyfed Powys | Ceredigion |
| Gwent | Caerphilly |
| North Wales | Wrexham |
| South Wales | Aberavon |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision in relation to elections in England and Wales of police and crime commissioners under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 (c. 13) (“the 2011 Act”).
Article 2 and Schedule 1 designate, for the purposes of section 75 of the 2011 Act, a local authority for each police area in England. The head of paid service of a designated local authority is the “appropriate officer” for the purposes of Chapter 6 of Part 1 of the 2011 Act. Article 3 and Schedule 2 make the same provision in respect of police areas in Wales.
Article 4 and Schedule 3 designate the persons who, in an election of police and crime commissioners, are to be the returning officers for each police area in England. Article 5 and Schedule 4 make the same provision in respect of police areas in Wales.
Article 6 revokes the Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020 (S.I. 2020/134), the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020 (S.I. 2020/136) and amending instruments. However, this legislation continues to have effect in respect of elections for which the date of poll is on or before 1st May 2024.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
2011 c. 13; section 54(1)(b) was amended by S.I.s 2015/1376, 2016/997 and 2021/1265. Section 75(1) was amended by S.I.s 2015/1526 and 2021/1265. Section 154(5) was amended by S.I.s 2014/268 and 2021/1265.
2000 c. 41; section 7(2)(ha) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
S.I. 2012/1917, to which there are amendments not relevant to this Order.
1996 c. 16; Schedule 1 was amended by section 129(b) to (d) of the Police Act 1997 (c. 50) and by S.I.s 1997/1844, 1845, 1846, 1847, 1849, 1850, 1855, 1857, 2009/119 and 2022/790. It is prospectively amended by section 129(a) of the Police Act 1997 from a date and time to be appointed.
The functions of a police and crime commissioner in respect of Greater Manchester have been transferred to the mayor of the Greater Manchester Combined Authority by S.I. 2017/470. See paragraph 21(b) and (d) of Schedule 2, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) of the 2011 Act and a local authority for the purposes of section 75(1) of that Act in respect of the Greater Manchester Combined Authority.
The functions of a police and crime commissioner in respect of North Yorkshire have been transferred to the mayor of the York and North Yorkshire Combined Authority by S.I. 2023/1432. See paragraph 21 (b) and (d) of Schedule 6, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) of the 2011 Act and a local authority for the purposes of section 75(1) of that Act in respect of the York and North Yorkshire Combined Authority.
The functions of a police and crime commissioner in respect of West Yorkshire have been transferred to the mayor of the West Yorkshire Combined Authority by S.I. 2021/112. See paragraph 21(b) and (d) of Schedule 6, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) of the 2011 Act and a local authority for the purposes of section 75(1) of that Act in respect of the West Yorkshire Combined Authority.
The person who is acting returning officer for a parliamentary constituency in England is determined by section 28(1)(a) of the Representation of the People Act 1983 (c. 2) and by any order made under section 28(1)(b) of that Act: see S.I. 2007/2878.
The person who is acting returning officer for a parliamentary constituency in Wales is determined by section 28(1)(aa) of the Representation of the People Act 1983 and by any order made under section 28(1)(b) of that Act: see S.I. 2007/171.
S.I. 2017/470, to which there are amendments not relevant to this Order.
S.I. 2021/112, to which there are amendments not relevant to this Order.
S.I. 2020/134, amended by S.I.s 2021/258 and 2022/1079.
S.I. 2020/136, amended by S.I.s 2021/259 and 2022/1079.