OpenLegislation

Section 47 PCCs and police areasI1

England and Wales

(1)

In section 1 of PRSRA 2011 (police and crime commissioners), for subsection (9A) substitute—

“(9A)

Subsection (1) does not apply to an area if the mayor for the area of a combined authority or combined county authority is to exercise functions of a police and crime commissioner in relation to the area in accordance with—

(a)

an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009;

(b)

section 107F(1A) of that Act;

(c)

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

(d)

section 33(1A) of that Act.

(9B)

See section 76A and Schedule 10A for provision about cases where a mayor is to exercise functions in accordance with—

(a)

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

(b)

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

(2)

After section 76 of PRSRA 2011 insert—

“Chapter 6A

Exercise of PCC functions by elected mayors

Exercise of PCC functions by elected mayors

76A

Schedule 10A makes provision about cases where a mayor is to exercise functions in accordance with—

(a)

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

(b)

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

(3)

After Schedule 10 to PRSRA 2011, insert Schedule 10A set out in Schedule 24 to this Act.

(4)

In the Police Act 1996—

(a)

in section 32 (power to alter police areas by order), in subsection (3)—

(i)

in the words before paragraph (a), omit “either”;

(ii)

in paragraph (b), after “effectiveness” insert

, or

(c)

the order is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority.

(3A)

For that purpose, an order “is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority” if—

(a)

the police areas that are altered by the order are all in England, and

(b)

the Secretary of State’s purpose in making the order is to—

(i)

cause a mayoral strategic authority to meet the eligibility condition in relation to an altered police area, and

(ii)

enable the Secretary of State to specify a transfer time in relation to that mayoral strategic authority and altered police area that will result in the mayor for the area of the mayoral strategic authority exercising functions of a police and crime commissioner in relation to that area.;

(b)

in section 32, after subsection (4) insert—

“(4A)

In this section—

  • “eligibility condition” has the same meaning as in—

    1. (a)

      section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or

    2. (b)

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

  • “mayoral strategic authority” means—

    1. (a)

      a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or

    2. (b)

      a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act);

  • “transfer time” has the same meaning as in—

    1. (a)

      section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or

    2. (b)

      section 33A of the Levelling-up and Regeneration Act 2023.”;

(c)

in section 34 (orders altering police areas: supplementary provision), in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.

Annotations

Commencement

I1

S. 47 in force at 29.6.2026, see s. 108(5)