Paragraph 1 I1

This is Schedule 10A to be inserted after Schedule 10 to PRSRA 2011—

“Schedule 10A

Exercise of PCC functions by elected mayors

Section 76A

Part 1

Interpretation

1

In this Schedule—

• “the Area”, in relation to the Mayor, means the police area in relation to which the Mayor is to exercise functions of a police and crime commissioner; and, in a case where a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023), this Schedule applies separately in relation to each of those police areas and “the Area” is to be read accordingly;

• “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “constituent council” means—

  1. (a)

     in relation to a combined authority—

     1. (i)

        a county council the whole or any part of whose area is within the area of the authority, or

     2. (ii)

        a district council whose area is within the area of the authority;

  2. (b)

     in relation to a combined county authority—

     1. (i)

        a county council for an area within the area of the authority, or

     2. (ii)

        a unitary district council for an area within the area of the authority;

• “the Mayor” means a mayor for the area of a combined authority or combined county authority who is to exercise functions of a police and crime commissioner in relation to an area by virtue of—

  1. (a)

     section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or

  2. (b)

     section 33(1A) of the Levelling-up and Regeneration Act 2023;

• “the PCC functions” means the functions of a police and crime commissioner which the Mayor is to exercise by virtue of this Schedule;

• “police and crime commissioner enactment” means any of the following enactments (whenever passed or made)—

  1. (a)

     any enactment that is contained in, or is made under, Part 1 of this Act;

  2. (b)

     any other enactment that has effect in relation to police and crime commissioners;

• “the Strategic Authority” means the combined authority or combined county authority for whose area the Mayor is the mayor;

• “the transfer time” means the time specified in—

  1. (a)

     the order under section 107F(5)(a) of the Local Democracy, Economic Development and Construction Act 2009, or

  2. (b)

     the regulations under section 33(5)(a) of the Levelling-up and Regeneration Act 2023,

  at which the Mayor is to begin exercising functions of a police and crime commissioner in relation to the Area.

Part 2

The Area’s PCC

2

(1)

There is to be no police and crime commissioner for the Area from the transfer time.

(2)

The term of office of the police and crime commissioner for the Area is to continue until the transfer time.

(3)

Any election of a police and crime commissioner for the Area that would otherwise take place by virtue of section 50(1)(b)—

(a)

during the period of six months ending with the transfer day, or

(b)

after the transfer day,

is not to take place.

(4)

Any election to fill a vacancy in the office of police and crime commissioner for the Area which would otherwise take place under section 51 is not to take place if the vacancy occurs within the period of six months ending with the transfer day.

(5)

In this paragraph “transfer day” means the day on which the transfer time falls.

Part 3

The Mayor’s PCC functions

3

(1)

The Mayor—

(a)

is to exercise functions of a police and crime commissioner in relation to the Area, and

(b)

is to be treated, in relation to the Mayor's PCC functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments.

(2)

That is subject to the following provisions of this paragraph.

(3)

In their application to the Mayor, a police and crime commissioner enactment set out in Part 4 or 5 of this Schedule applies with the modifications set out in that Part.

(4)

Sub-paragraph (1) does not apply to the enactments set out in Part 6 of this Schedule.

(5)

Sub-paragraph (1) is subject to regulations made under Part 7 of the Schedule (which enables regulations to modify or disapply police and crime commissioner enactments not contained in Acts).

(6)

Any PCC function exercisable by the Mayor is to be taken to be a function of the Strategic Authority exercisable—

(a)

by the Mayor acting individually, or

(b)

by a person acting under arrangements with the mayor made in accordance with this Act as it has effect in accordance with this Schedule.

Part 4

Modifications of enactments in this Act

4

The following police and crime commissioner enactments contained in this Act have effect subject to the following modifications.

5

Section 5 (police and crime commissioners to issue police and crime plans) has effect as if—

(a)

in subsection (1), for “ordinary election” there were substituted “election for the return of a Mayor”;

(b)

in subsection (13)—

(i)

in the definition of “financial year”, for “the police and crime commissioner” there were substituted “the Strategic Authority”;

(ii)

the definition of “ordinary election” were omitted.

6

Section 7(7) (police and crime plans) has effect as if—

(a)

in the definition of “financial year”, for “the elected local policing body” there were substituted “the Strategic Authority”;

(b)

the definition of “ordinary election” were omitted;

(c)

in the definitions of “planning period” and “qualifying day”, for “ordinary election” there were substituted “election for the return of a Mayor”.

7

Section 16 (appointment of persons not employed by elected local policing bodies) has effect as if—

(a)

for subsection (1) there were substituted—

“(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 Strategic Authority; or

(b)

to designate a person as having specified duties or responsibilities.”;

(b)

in subsection (2), for “the body” there were substituted “the Strategic Authority”.

8

Section 18 (delegation of functions by police and crime commissioners) has effect as if—

(a)

for each reference to “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime”;

(b)

for subsection (1) there were substituted—

“(1)

The Mayor must—

(a)

appoint a person as the deputy mayor for policing and crime for the Area, and

(b)

arrange for the deputy mayor for policing and crime to exercise one or more of the Mayor’s PCC functions.”

(c)

in subsection (6)—

(i)

after paragraph (d) there were inserted—

“(da)

a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023;”;

(ii)

after paragraph (h), there were inserted—

“(i)

the Strategic Authority;

(j)

a person who is the deputy mayor for policing and crime for a different police area.”;

(d)

in subsection (7)—

(i)

for paragraph (f) there were substituted—

“(f)

calculating the PCC component council tax requirement.”;

(ii)

paragraphs (g) and (h) were omitted;

(e)

for subsection (10) there were substituted—

“(10)

The deputy mayor for policing and crime is a member of staff of the Strategic Authority, unless they are a member of the Strategic Authority.”.

9

Section 21 (police fund) has effect as if after subsection (3) there were inserted—

“(3A)

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

(3B)

Where—

(a)

the Mayor—

(i)

has PCC functions in relation to the Area, and

(ii)

also has functions of a police and crime commissioner in relation to another police area, and

(b)

the police force for the Area (“police force A”) is provided with assistance by the police force for the other police area (“police force B”),

the Mayor must ensure that such amount in respect of the assistance as the mayor thinks appropriate is paid from the police fund of police force A to the police fund of police force B.”.

10

Section 28 (police and crime panels outside London) has effect as if—

(a)

subsections (1A) and (1B) were omitted;

(b)

in subsection (6)(a), after “police and crime commissioner” there were inserted “, 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”.

11

Section 29 (power to require attendance and information) has effect as if—

(a)

for subsection (1) there were substituted—

“(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 Strategic Authority deployed wholly or partly in relation to the Mayor’s PCC functions, and

(d)

any members of the Strategic 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) there were substituted—

“(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 Strategic Authority who exercises any function of the Mayor pursuant to arrangements made under section 18.”;

(c)

for subsection (5) there were substituted—

“(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” there were inserted “or the deputy mayor for policing and crime”.

12

Section 30 (suspension of police and crime commissioner) has effect as if—

(a)

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

(b)

for subsection (3) there were substituted—

“(3)

For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.”.

13

Section 31(3) (conduct) has effect as if for paragraphs (b) to (d) there were substituted—

“(b)

deputy mayor for policing and crime.”.

14

Section 62 (appointment of acting commissioner) has effect as if—

(a)

for subsection (1) there were substituted—

“(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” there were substituted “member of staff of the Strategic 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), there were inserted—

“(2A)

The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023.”;

(d)

subsection (3) were omitted;

(e)

for subsection (5) there were substituted—

“(5)

Any property or rights vested in the Strategic Authority in relation to the Mayor’s PCC functions can be dealt with by the acting commissioner.”;

(f)

subsection (6)(c) were omitted;

(g)

in subsection (7) the following were omitted—

(i)

“incapacitated or”;

(ii)

“(c) or”;

(h)

subsection (8) were omitted.

15

This Act has effect as if for section 63 (vacancy where acting commissioner acts for 6 months) there were substituted—

“Vacancy where deputy mayor acts for 6 months

63

(1)

This section applies where—

(a)

the deputy mayor is appointed under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023 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.”

16

Section 64 has effect as if—

(a)

after subsection (1) there were inserted—

“(1ZA)

If a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023)—

(a)

subsection (1)(b) does not apply; but

(b)

a person is disqualified from being elected to the office of police and crime commissioner for any of those police areas at any election unless, on each relevant day, the person is a local government elector in at least one of those police areas;

and for that purpose a person is “a local government elector in” a police area if the person is registered in the register of local government electors for an electoral area in respect of an address in that police area.”;

(b)

for subsections (3) to (4A) (disqualification from election as police and crime commissioner) there were substituted—

“(3)

A person is disqualified from being elected as the Mayor 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 to fill a casual vacancy 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.”.

17

Section 65 (disqualification from election or holding office as police and crime commissioner: police grounds) has effect as if—

(a)

in subsection (1)(e), there were inserted after paragraph (ii)—

“(iii)

the Strategic Authority;”;

(b)

for subsection (1A) there were substituted—

“(1A)

Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime from being elected as mayor of the strategic authority—

(a)

at an election other than an election to fill a casual vacancy;

(b)

at an election to fill a casual vacancy 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.”.

18

Section 70 (declaration of acceptance of office of police and crime commissioner) has effect as if—

(a)

for subsection (1), there were substituted—

“(1)

A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made a declaration in a form specified in an order made by the Secretary of State to the appropriate officer.”;

(b)

subsection (2) were omitted;

(c)

in subsection (5), for the first reference to “office” there were substituted “the duty of exercising police and crime commissioner functions as Mayor”;

(d)

subsections (6) and (7) were omitted;

(e)

at the end there were inserted—

“(8)

In this section “appropriate officer” means the person designated as the head of paid service by the Strategic Authority under section 4(1)(a) of the Local Government and Housing Act 1989.”

19

Schedule 1 (police and crime commissioners) has effect as if—

(a)

for paragraph 1 there were substituted—

“1

This Schedule applies in relation to the Mayor in the exercise of PCC functions.”;

(b)

for paragraph 4 there were substituted—

“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 the Area, and

(b)

amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for the Area,

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” there were substituted “paragraph”;

(d)

in paragraph 8—

(i)

for each reference to “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime”;

(ii)

for sub-paragraphs (3) and (3A) there were substituted—

“(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.

(4)

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) there were substituted—

“(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” there were substituted “election for the return of a Mayor”;

(g)

for paragraph 13 there were substituted—

“13

(1)

The Mayor may pay—

(a)

remuneration, allowances and gratuities to members of the Strategic 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 Strategic Authority.

(2)

The Mayor may pay—

(a)

pensions to, or in respect of, persons who have been members of the Strategic 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 Strategic 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 Strategic 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 Strategic 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) there were substituted—

“(2)

A person who is—

(a)

a member of staff of the Strategic Authority deployed wholly or partly in relation to the Mayor’s PCC functions, or

(b)

a member of the Strategic 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 Strategic Authority, unless it is shown to have been done otherwise than in good faith.”;

(i)

for paragraph 16 there were substituted—

“16

References to the financial year of the Mayor are to be read as if they were references to the financial year of the Strategic Authority.”.

20

Schedule 5 (issuing precepts) has effect as if—

(a)

in paragraph 1—

(i)

for sub-paragraph (1) there were substituted—

“(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) there were substituted—

“(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” there were substituted “the proposed amount of the PCC component”;

(c)

in paragraph 3(3), for “the precept that should be issued” there were substituted “the amount of the PCC component”;

(d)

in paragraph 4(3), for “precept for the financial year” there were substituted “PCC component for the financial year”;

(e)

in paragraph 5(3)—

(i)

in paragraph (a), for “issue the proposed precept as the precept” there were substituted “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” there were substituted “determine a different PCC component”;

(f)

in paragraph 6(2), for “issue the proposed precept as the precept” there were substituted “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” there were substituted “determining the amount of the PCC component”;

(ii)

in sub-paragraph (4), for “precept that may be issued” there were substituted “amount of the PCC component”.

21

Schedule 6 (police and crime panels) has effect as if—

(a)

for paragraph 21 there were substituted—

“21

The Mayor, a member of the Strategic Authority appointed by the constituent councils, or a substitute member acting in place of such a member 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” there were substituted “Strategic Authority”;

(c)

in paragraph 33, after sub-paragraph (1) there were inserted—

“(1A)

 But this paragraph does not apply if the elected Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils.”;

(d)

in paragraph 34, after sub-paragraph (1) there were inserted—

“(1A)

But this paragraph does not apply if the current Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils.”.

22

Schedule 7 (regulations about complaints and conduct matters) has effect as if—

(a)

in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime (unless the holder of that office is a member of the Strategic Authority)”;

(b)

for paragraph 4 there were substituted—

“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 Strategic 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 Strategic Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.”

23

Schedule 8 (appointment, suspension and removal of senior police officers) has effect as if—

(a)

for paragraph 4(10) there were substituted—

“(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) there were substituted—

“(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.”.

Part 5

Modifications of enactments in other Acts

Police (Property) Act 1897

24

(1)

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

(2)

Section 2(2A) (regulations with respect to unclaimed property in possession of police), has effect as if for the last reference to “relevant body” there were substituted “Combined Authority”.

Trustee Investments Act 1961

25

(1)

The Trustee Investments Act 1961 is modified as follows.

(2)

Paragraph 9 of Part 2 of the First Schedule (manner of investment), has effect as if for “similar officer of the authority” there were substituted “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.

Pensions (Increase) Act 1971

26

(1)

The Pensions (Increase) Act 1971 is modified as follows.

(2)

Paragraph 51(aa) of Schedule 2 (official pensions: court and police staff), has effect as if for “a police and crime commissioner” there were substituted “the police and crime commissioner for South Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.

Local Government (Miscellaneous Provisions) Act 1976

27

(1)

The Local Government (Miscellaneous Provisions) Act 1976 is modified as follows.

(2)

Section 29(1) (repayment of unclaimed compensation etc. paid into court), has effect as if for “or transferred to the authority” there were substituted “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”.

(3)

Section 30(3)(a) (power to forgo repayment of advances of remuneration paid to deceased employees), has effect as if for “maintained by a local authority” there were substituted “maintained by the Mayor of the Combined Authority”.

(4)

Section 44(1) (interpretation etc. of Part I), has effect as if in paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” there were substituted “13, 14, 16, 29 and 38”.

Local Government, Planning and Land Act 1980

28

(1)

The Local Government, Planning and Land Act 1980 is modified as follows.

(2)

Section 99 (directions to dispose of land – supplementary) has effect as if—

(a)

after subsection (2) there were inserted—

“(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) at the end there were inserted “or, as the case may be, the Mayor”;

(ii)

paragraph (dc) were omitted.

Dartford-Thurrock Crossing Act 1988

29

(1)

The Dartford-Thurrock Crossing Act 1988 is modified as follows.

(2)

Section 19(a)(i) (exemption from tolls) has effect as if for “a local policing body” there were substituted “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”.

Local Government Finance Act 1988

30

(1)

The Local Government Finance Act 1988 is modified as follows.

(2)

Section 114 (functions of responsible officer as regards reports) has effect as if—

(a)

for subsection (4)(b)(i) there were substituted—

“(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), for “relevant authority” there were substituted “Mayor”.

(3)

Section 115 (authority’s duties as regards reports) has effect as if—

(a)

for subsection (1B) there were substituted—

“(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” there were substituted “the Mayor”;

(ii)

for “that body”, in each place it occurs, there were substituted “the Mayor”;

(c)

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

(d)

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

(4)

Section 116 has effect as if for subsection (2B) (information about consideration of reports etc.) there were substituted—

“(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.”.

Road Traffic Act 1988

31

(1)

The Road Traffic Act 1988 is modified as follows.

(2)

Section 144(2)(b) (exceptions from requirement of third-party insurance) has effect as if—

(a)

for “a local policing body” there were substituted “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)” there were substituted “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”.

Local Government and Housing Act 1989

32

(1)

The Local Government and Housing Act 1989 is modified as follows.

(2)

Section 1 (disqualification and political restriction of certain officers and staff) has effect as if—

(a)

in subsection (9), for “an elected local policing body” there were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”;

(b)

in subsection (10), for “an elected local policing body does not include a deputy police and crime commissioner” there were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”.

(3)

Section 4 (designations and reports of head of paid service) has effect as if—

(a)

subsections (1) and (1A) were omitted;

(b)

for subsection (4) there were substituted—

“(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), “(other than an elected local policing body)” were omitted;

(d)

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

(4)

Section 5 (designation and reports of monitoring officer) has effect as if—

(a)

subsection (1C) were omitted;

(b)

for subsection (3)(b)(a) there were substituted—

“(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” there were substituted “the Mayor”;

(ii)

in paragraph (a) in sub-paragraph (i), “in the case of an elected local policing body” were omitted;

(iii)

sub-paragraph (ii) were omitted;

(d)

in subsection (8), in the definition of “relevant authority”, “an elected local policing body” were omitted.

(5)

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

(6)

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

Police Act 1996

33

(1)

The Police Act 1996 is modified as follows.

(2)

Section 22A(9)(a) (collaboration agreements) has effect as if for “that body” there were substituted “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(3)

Section 41 (directions as to minimum budget) has effect as if—

(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)” there were substituted “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” there were substituted “determination by the Mayor of the final amount of the PCC component”.

(4)

Section 53E (guidance about civilian staff employed by local policing bodies and chief officers) has effect as if—

(a)

in subsection (1)(a), for “a local policing body” there were substituted “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” there were substituted “the Combined Authority”.

(5)

Section 88 (liability for wrongful acts of constables) has effect as if—

(a)

in subsection (5A), for the first reference to “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;

(b)

in subsection (6)(a), for “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

(6)

Section 92(1) (grants by local authorities) has effect as if for “parish or community” there were substituted “parish, community or Combined Authority”.

(7)

Section 96(1B) (arrangements for obtaining the views of the community on policing), has effect as if for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” there were substituted “PCC component is determined by the Mayor”.

Proceeds of Crime Act 2002

34

(1)

The Proceeds of Crime Act 2002 is modified as follows.

(2)

Section 55(8) has effect as if for paragraph (aa) (sums received by designated officer) there were substituted—

“(aa)

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

Police Reform Act 2002

35

(1)

The Police Reform Act 2002 is modified as follows.

(2)

Section 40(7)(d) (community safety accreditation schemes) has effect as if for “local policing body” there were substituted “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”.

(3)

Section 42(7) (supplementary provisions relating to designations and accreditations) has effect as if—

(a)

for the first reference to “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;

(b)

for the second reference to “local policing body” there were substituted “Combined Authority”;

(c)

for “or body” there were substituted “or Combined Authority”.

Local Government Act 2003

36

(1)

The Local Government Act 2003 is modified as follows.

(2)

Section 7 (credit arrangements) has effect as if—

(a)

in subsection (1)(a), for “its part” there were substituted “the part of the Combined Authority”;

(b)

in subsection (2), for “on the part of the authority” there were substituted “on the part of the Combined Authority”.

Railways and Transport Safety Act 2003

37

(1)

The Railways and Transport Safety Act 2003 is modified as follows.

(2)

Paragraph 7(2) of Schedule 4 (British Transport Police Authority) has effect as if for paragraph (c) there were substituted—

“(c)

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

Local Government and Public Involvement in Health Act 2007

38

(1)

The Local Government and Public Involvement in Health Act 2007 is modified as follows.

(2)

Section 15(1) (incidental etc provision in orders or regulations) has effect as if for paragraph (a) there were substituted—

“(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;”.

Local Democracy, Economic Development and Construction Act 2009

39

(1)

The Local Democracy, Economic Development and Construction Act 2009 is modified as follows.

(2)

Paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections) has effect as if for “or deputy mayor” there were substituted “, deputy mayor or deputy mayor for policing and crime”.

Local Audit and Accountability Act 2014

40

(1)

The Local Audit and Accountability Act 2014 is modified as follows.

(2)

Schedule 4 (further provisions about auditor panels) has effect as if—

(a)

for paragraph 2(4)(a) there were substituted—

“(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) there were substituted—

“(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.”.

Part 6

Enactments which do not apply

41

Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes).

42

The following provisions of the Local Government Act 1972—

(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).

43

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.).

44

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

45

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

46

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.

47

Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers).

48

Section 60 of the County Courts Act 1984 (right of audience).

49

The following provisions of the Housing Act 1985—

(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).

50

Section 38 of the Landlord and Tenant Act 1985 (minor definitions).

51

Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent).

52

Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords).

53

Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration).

54

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

55

Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities).

56

Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases).

57

Section 94 of the Police Act 1996 (financing of new police and crime commissioners).

58

Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities).

59

Sections 21 and 22 of the Local Government Act 2003 (accounts).

60

The following provisions of the Fire and Rescue Services Act 2004—

(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).

61

The following provisions of this Act—

(a)

section 1(1) to (4) (police and crime commissioners);

(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).

62

Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities).

63

The following provisions of the Policing and Crime Act 2017—

(a)

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

(b)

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

Part 7

Enactments not contained in Acts

Power to modify or disapply enactments

64

(1)

This section applies to any police and crime commissioner enactment that is not contained in an Act of Parliament.

(2)

The Secretary of State may, by regulations—

(a)

modify the enactment in its application in relation to the mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner;

(b)

provide that the enactment does not apply in relation to the mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner.

Part 8

Application and modification of enactments other than police and crime commissioner enactments

Local Government Act 1972

65

Section 86 of the Local Government Act 1972 (declaration by local authority of vacancy in office in certain cases) applies in relation to the Mayor as if, after section 86(1)(c), there were inserted

“or

(d)

ceases to be the Mayor by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011,”.”