OpenLegislation

Section 41 Directions as to minimum budget.C1C2C3

England and Wales

(1)

The power of the Secretary of State to give directions under section 40 F1or 40A to a F2a police and crime commissioner shall include power to direct F3the commissioner that the amount of F4the commissioner's F5council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year shall not be less than an amount specified in the direction.

F6(1A)

But the Secretary of State may not give a direction to the police and crime commissioner for a police area by virtue of subsection (1) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in that police area from being put at risk.

(2)

The power exercisable by virtue of subsection (1), and any direction given under that power, are subject to any limitation imposed under Chapter F74ZA or F8IVA of Part I of the Local Government Finance Act 1992.

(3)

A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.

(4)

Where the Secretary of State gives a direction to F9a police and crime commissioner by virtue of subsection (1), any precept issued or calculation made by F10the commissioner under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.

Annotations

Textual amendments

F1

Words in s. 41(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 28; S.I. 2007/709, art. 3(c) (with art. 6)

F2

Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(a), 157(1); S.I. 2012/2892, art. 2(a)

F3

Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(b), 157(1); S.I. 2012/2892, art. 2(a)

F4

Words in s. 41(1) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(2)(c), 157(1); S.I. 2012/2892, art. 2(a)

F5

Words in s. 41(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 33; S.I. 2011/2896, art. 2(i)

F6

S. 41(1A) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(3), 157(1); S.I. 2012/2892, art. 2(a)

F7

Words in s. 41(2) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 33; S.I. 2011/2896, art. 2(i)

F8

Words in s. 41(2) substituted (27.7.1999 so as to apply as mentioned in S. 30(2)) by 1999 c. 27, s. 30(1), Sch. 1 Pt. II para. 10

F9

Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(a), 157(1); S.I. 2012/2892, art. 2(a)

F10

Words in s. 41(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 22(4)(b), 157(1); S.I. 2012/2892, art. 2(a)

Modifications

C1

S. 41 applied (with modifications) (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. 1 para. 10(3) (as amended (29.3.2018) by The Greater Manchester Combined Authority (Amendment) Order 2018 (S.I. 2018/444), arts. 1(2), 4(3)(a))

C2

S. 41 modified (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 10(3)

C3

S. 41 modified (29.6.2026) by 2011 c. 13, Sch. 10A para. 33(3) (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))