# Local Democracy, Economic Development and Construction Act 2009, Section 107FA: The “eligibility” and “transfer” conditions


(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) If a combined authority meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas.
(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.

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Source: https://www.legislation.gov.uk/ukpga/2009/20/section/107FA (the official version)
Page: https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/section-107FA
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.