The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009

Welsh Statutory Instruments

2009 No. 3050 (W.267)

CRIMINAL LAW, WALES

The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009

Made

16 November 2009

Laid before the National Assembly for Wales

19 November 2009

Coming into force

28 December 2009

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by sections 5(2) and (3) and 114 of the Crime and Disorder Act 1998(1) and now vested in them(2), make the following Order:

Title, application and commencement

1.—(1) The title of this Order is The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009.

(2) This Order applies in relation to Wales and comes into force on 28 December 2009.

Prescribed descriptions of persons or bodies for the purposes of section 5(2) of the Crime and Disorder Act 1998

2.—(1) This article prescribes for the purposes of section 5(2) of the Crime and Disorder Act 1998 the descriptions of persons or bodies with whom responsible authorities are required to act in co-operation in their exercise of the functions conferred by section 6 of that Act.

(2) Those persons or bodies are, as respects each local government area in Wales—

(a) a community council in that area;

(b) a National Health Service Trust established under Part 1 of the National Health Service and Community Care Act 1990(3) or Part 2 of the National Heath Service (Wales) Act 2006(4);

(c) the governing body of a school, within the meaning of section 4(1) of the Education Act 1996(5), in that area which is maintained by a local education authority;

(d) the proprietor of an independent school, within the meaning of section 463 of that Act, in that area;

(e) the governing body of an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992(6), in that area;

(f) the Welsh Ministers;

(g) a social landlord, registered under Part 1 of the Housing Act 1996(7), which is a landlord of accommodation in that area.

Prescribed descriptions of persons or bodies for the purposes of section 5(3) of the Crime and Disorder Act 1998

3.—(1) This article prescribes for the purposes of section 5(3) of the Crime and Disorder Act 1998 the descriptions of persons or bodies at least one of each of which must be invited by responsible authorities to participate in their exercise of the functions conferred by section 6 of that Act.

(2) Those persons or bodies are, as respects each local government area in Wales—

(a) the Environment Agency;

(b) a voluntary organisation operating in that area whose objects are to provide assistance to young persons through youth work or informal education;

(c) the Crown Prosecution Service;

(d) a Court Manager of the Crown Court;

(e) the Lord Chancellor;

(f) a representative of Neighbourhood Watch Schemes in that area;

(g) a member of a Victim Support Scheme in that area which is affiliated to the National Association of Victim Support Schemes;

(h) the service police as defined in paragraph (3), where any military establishment is within that area;

(i) the Ministry of Defence police, where any place to which section 2(2) of the Ministry of Defence Police Act 1987(8) applies is within that area;

(j) a body which provides school transport within that area;

(k) a body which provides or operates public transport within that area;

(l) in respect of each of the following descriptions, a body which promotes the interests of, or provides services to, persons of that description within that area—

(i) women;

(ii) the young, including children;

(iii) the elderly;

(iv) the physically and mentally disabled;

(v) those of different racial groups within the meaning of section 3(1) of the Race Relations Act 1976(9);

(vi) homosexuals;

(vii) residents;

(m) a body not falling within sub-paragraph (l) above, one of whose purposes is to reduce crime and disorder in that area;

(n) a body established for religious purposes within that area;

(o) a company or partnership which has a place of business within that area;

(p) a body established to promote retail business in that area;

(q) a trade union, within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992(10);

(r) a registered medical practitioner who is—

(i) providing general medical services in that area in accordance with arrangements made under Part 4 of the National Health Service (Wales) Act 2006; or

(ii) performing primary medical services in that area in accordance with arrangements made under Part 4 of the National Health Service (Wales) Act 2006;

(s) a body which is representative of registered medical practitioners who are—

(i) providing general medical services in that area; or

(ii) performing primary medical services in that area;

(t) a governing body of an institution within the higher education sector, as defined in section 91 of the Further and Higher Education Act 1992, in that area;

(u) the chief officer of the fire and rescue service any part of whose area lies within that area;

(v) the British Transport Police.

(3) In paragraph (2)(h) above, “service police” means the Royal Navy Police, the Royal Military Police, the Royal Air Force Police or the Royal Air Force Provost Marshall.

Revocation

4.  The following Orders are hereby revoked to the extent that they apply to Wales—

(a) the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998(11);

(b) the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 1998(12);

(c) the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 1999(13); and

(d) the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 2000(14).

Brian Gibbons

Minister for Social Justice and Local Government, one of the Welsh Ministers

16 November 2009

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order prescribes descriptions of persons or bodies with whom responsible authorities (defined in section 5(1) of the Crime and Disorder Act 1998) are required to co-operate in the exercise of formulating and implementing strategies for the reduction of crime and disorder and for combating drug misuse within local government areas (defined in section 5(4)(b) of that Act) in Wales. Article 3 prescribes descriptions of persons and bodies of whom at least one of each description must be invited to participate in the exercise of those functions.

Article 4 of this Order revokes, in so far as they apply to Wales, the Orders specified in paragraphs (a) to (d).

(1)

1998 c. 37. Section 5(2) was amended by section 97(4) of the Police Reform Act 2002 (c. 30) and paragraph 13(2) of Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912). Section 5(3) was amended by section 97(5) of the Police Reform Act 2002. Section 6 was substituted by paragraph 3 of Schedule 9 to the Police and Justice Act 2006 (c. 48).

(2)

The powers conferred by section 5(2) and (3) of the 1998 Act on the National Assembly for Wales transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

1990 c. 19.

(4)

2006 c. 42.

(5)

1996 c. 56.

(6)

1992 c. 13.

(7)

1996 c. 52.

(8)

1987 c. 4.

(9)

1976 c. 74.

(10)

1992 c. 52.

(11)

S.I. 1998/2452.

(12)

S.I. 1998/2513.

(13)

S.I. 1999/483.

(14)

S.I. 2000/300.