Section 46 Functions of police and crime commissionersI1
England and Wales
In section 107F of LDEDCA 2009 (functions of mayors: policing)—
after subsection (1) insert—
“(1A)The mayor for the area of a combined authority is to exercise functions of a police and crime commissioner in relation to that area if the combined authority meets the eligibility condition and transfer condition in relation to that area (see section 107FA).”;
in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
After section 107F of LDEDCA 2009 insert—
“The “eligibility” and “transfer” conditions
107FA(1)This section sets out the “eligibility condition” and “transfer condition” referred to in section 107F(1A).
(2)A combined authority meets the eligibility condition in case A or case B.
(3)Case A: the authority’s area is the same as a single English police area.
In this case, the authority meets the eligibility condition in relation to the single police area.
(4)Case B: the authority’s area is the same as two or more English police areas (when those areas are taken together).
In this case, the authority meets the eligibility condition in relation to each of those police areas.
(5)A combined authority meets the transfer condition in relation to an English police area if—
(a)the Secretary of State has, by order, specified the time at which the mayor for the area of the authority is to begin exercising functions of a police and crime commissioner (the “transfer time”), and
(b)the transfer time has passed.
(6)(7)In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.”
In section 107G of LDEDCA 2009 (mayors for combined authorities: financial matters), after subsection (4) insert—
“(4A)Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.”
In section 33 of LURA 2023 (functions of mayors: policing)—
after subsection (1) insert—
“(1A)The mayor for the area of a CCA is to exercise functions of a police and crime commissioner in relation to that area if the CCA meets the eligibility condition and transfer condition in relation to that area (see section 33A).”;
in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
After section 33 of LURA 2023 insert—
“The “eligibility” and “transfer” conditions
33A(1)This section sets out the “eligibility condition” and “transfer condition” referred to in section 33(1A).
(2)A CCA meets the eligibility condition in case A or case B.
(3)Case A: the CCA’s area is the same as a single English police area.
In this case, the CCA meets the eligibility condition in relation to the single police area.
(4)Case B: the CCA’s area is the same as two or more English police areas (when those areas are taken together).
In this case, the CCA meets the eligibility condition in relation to each of those police areas.
(5)A CCA meets the transfer condition in relation to an English police area if—
(a)the Secretary of State has, by order, specified the time at which the mayor for the area of the CCA is to begin exercising functions of a police and crime commissioner (the “transfer time”), and
(b)the transfer time has passed.
(6)(7)In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.”
In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after subsection (4) insert—
“(4A)Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.”
After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), insert—
“(aa)for subsection (1) substitute—
“(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.””
After—
paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and
paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),
insert—
“(aa)for subsection (1) substitute—
“(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.””