Paragraph 6ZA C1 C2 F1

England and Wales

(1)

A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.

(2)

Sub-paragraph (1) applies—

(a)

only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and

(b)

only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3)

If a request under sub-paragraph (2)(b) is made to a principal council, the council must—

(a)

consider the request,

(b)

give reasons for their decision to agree to or refuse the request, and

(c)

publish those reasons in such manner as they think appropriate.

(4)

If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—

(a)

paragraph 3(2);

(b)

paragraph 4(1A);

(c)

paragraph 5(3);

(d)

paragraph 6;

(e)

paragraph 39;

(f)

paragraph 40;

(g)

paragraph 41(3);

(h)

paragraph 43.

(5)

In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner—

(a)

whose area is the same as, or contains all of, the area of the principal council, or

(b)

all or part of whose area falls within the area of the principal council.

Annotations

Textual amendments

F1: Sch. 12 Pt. 1 para. 6ZA inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

Modifications

C1: Sch. 12 Pt. 1 para. 6ZA excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 2(c)
C2: Sch. 12 para. 6ZA excluded (29.6.2026) by 2011 c. 13, Sch. 10A para. 42 (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))

Notes on Schedule 12

Modifications

C1

Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6

C2

Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)

C3

Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)

C4

Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

C5