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The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024

Sections64
2024 No. 414

Police, England

Local Government, England

The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024

Made20th March 2024
Coming into force21st March 2024

The Secretary of State makes this Order in exercise of the powers conferred by sections 107F(1), (5) and (6), 114, 115, 116 and 117(5) of, and by paragraph 3 of Schedule 5B and Schedule 5C to, the Local Democracy, Economic Development and Construction Act 20091.

In accordance with section 107F(4) of that Act2 the mayor of the Combined Authority has consented to the making of this Order.

In accordance with section 113(1) of that Act3, the Secretary of State considers that making this Order is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area, and is appropriate having regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities. The Secretary of State has carried out a public consultation in accordance with section 113(2) of that Act.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of that Act4.

PART 1 General

I11 Citation, commencement and extent

1 This Order may be cited as the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024.
2 This Order comes into force on the day after the day on which it is made.
3 This Order extends to England and Wales.

I22 Interpretation

In this Order—
  • “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
  • “the PRSR Act” means the Police Reform and Social Responsibility Act 20115;
  • “the Area” means the area of the Combined Authority;
  • “the Combined Authority” means the South Yorkshire Mayoral Combined Authority6;
  • “the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area;
  • “the Mayor” means the mayor of the Combined Authority;
  • “PCC component” means the component of the precept under section 40 of the Local Government Finance Act 19927, as modified by the Combined Authorities (Finance) Order 20178, in respect of the Mayor’s PCC functions;
  • “PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 19929, as modified by the Combined Authorities (Finance) Order 2017, in respect of the Mayor’s PCC functions.

PART 2 Date of election

I33 Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 2016

1 Article 3 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 2016 (election of a mayor)10 is amended as follows.
2 In paragraph (3), at the beginning, for “Subsequent” substitute “Subject to paragraphs (5) and (6), subsequent”.
3 After paragraph (4), insert—
.

PART 3 Police and crime commissioner functions

I44 Police and crime commissioner functions

1 The Mayor is to exercise functions of a police and crime commissioner in relation to the Area.
2 There is to be no police and crime commissioner for the Area from 7th May 2024.
3 Any election of a police and crime commissioner for the Area that would otherwise take place (whether before, on or after 7th May 2024) by virtue of section 50(1)(b) of the PRSR Act (ordinary elections)11 is not to take place.
4 The term of office of the police and crime commissioner for South Yorkshire is to continue until 7th May 2024.
5 Any election to fill a vacancy in the office of police and crime commissioner for South Yorkshire which would otherwise take place under section 51 of the PRSR Act (election to fill vacancy in office of commissioner)12 is not to take place if the vacancy occurs within the period starting on the day on which this article comes into force and ending with 7th May 2024.

I55 Transfer of police and crime commissioner functions

1 Subject to paragraphs (2) and (3), the Mayor is to be treated, in relation to the Mayor’s PCC functions13, as a police and crime commissioner for the purposes of all police and crime commissioner enactments, whenever passed or made14.
2 In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 1 apply with the modifications set out in that Schedule.
3 Paragraph (1) does not apply to the enactments set out in Schedule 2.

I66 Transfer of property, rights and liabilities

1 All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the police and crime commissioner for South Yorkshire are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 7th May 2024.
2 In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor’s PCC functions on or after 7th May 2024—
a all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;
b all decisions relating to such property, rights and liabilities are to be made by the Mayor;
c any receipts arising from such property, rights and liabilities, whether arising from their use, sale, disposal or otherwise, are to be paid into the police fund kept by the Mayor by virtue of section 21 of the PRSR Act (police fund).
3 All monies held in the police fund kept by the police and crime commissioner for South Yorkshire under section 21 of the PRSR Act immediately before 7th May 2024 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section, as applied in accordance with article 5.
4 Nothing in paragraph (2) prevents the Mayor from making arrangements under section 18 of the PRSR Act (delegation of functions by police and crime commissioners)15, as applied in accordance with article 5, in relation to the matters mentioned in paragraph (2).

I77 Secondments

In the case of a person who immediately before 7th May 2024 is seconded to the police and crime commissioner for South Yorkshire, the secondment is to have effect, after that time, as a secondment to the Combined Authority.

I88 Continuity

1 The abolition of the police and crime commissioner for South Yorkshire, the transfer or abolition of the commissioner’s functions and the transfer of the commissioner’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.
2 Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the police and crime commissioner for South Yorkshire to the Combined Authority.
3 There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
a relates to any of the functions, property, rights or liabilities transferred, and
b is in the process of being done by or in relation to the police and crime commissioner for South Yorkshire immediately before 7th May 2024.
4 Anything which—
a was made or done by or in relation to the police and crime commissioner for South Yorkshire for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred, and
b is in effect immediately before 7th May 2024,
has effect as if made or done by or in relation to the Combined Authority.
5 The Combined Authority is to be substituted for the police and crime commissioner for South Yorkshire in any instrument, contract or legal proceedings which—
a relates to any of the functions, property, rights or liabilities transferred, and
b is made or commenced before 7th May 2024.
6 In this article a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.

I99 Foreign property etc, perfection of vesting

1 Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights or liabilities: perfection of vesting)16 apply to the transfer by or under this Part of any foreign property, rights or liabilities.
2 In the application of those provisions by virtue of paragraph (1)—
a references to a transfer or pension instrument have effect as references to the transfer by or under this Part, and
b references to the transferor and transferee are to be construed accordingly.

I1010 Transfers: supplementary provision

1 All property, rights and liabilities transferred by or under this Part are to be transferred, notwithstanding that they may be or include—
a property, rights and liabilities that would not otherwise be capable of being transferred, or
b rights and liabilities under enactments.
2 No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.
3 No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by or under this Part.
4 Paragraphs (1) to (3) have effect in relation to—
a the grant or creation of an estate or interest in, or right over, any land or other property, or
b the doing of any other thing in relation to land or other property,
as they have effect in relation to the transfer made by or under this Part of land or other property.
5 In paragraph (3), “relevant document” means—
a any enactment, other than an enactment contained in the 2009 Act;
b any subordinate legislation made otherwise than under that Act, or
c any deed or other instrument.

I1111 Extension of financial year of Police and Crime Commissioner and Chief Constable for South Yorkshire

1 The following requirements are modified in the case of the police and crime commissioner for South Yorkshire and the chief constable for the financial year which began on 1st April 2023.
2 The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts)17 to prepare a statement of accounts for each financial year ending with 31st March is modified so that the period ends with 6th May 2024.
3 The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (commencement of the period for the exercise of public rights)18 is modified so that the relevant responsible financial officer must ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of those Regulations (period for the exercise of public rights) begins on 23rd July 2024.
4 In this article—
  • “the chief constable” means the chief constable of the police force for South Yorkshire;
  • “the relevant responsible financial officer”19 means—
    1. in relation to the police and crime commissioner, the responsible financial officer for the Combined Authority, and
    2. in relation to the chief constable, the responsible financial officer for the police force for South Yorkshire.

I1212 Modification to the Local Government Act 1972

1 Section 86 of the Local Government Act 1972 (declaration by local authority of vacancy in office in certain cases)20 applies in relation to the Mayor with the following modification.
2 After section 86(1)(c), insert—
.

I1313 Consequential amendments

In the Police and Crime Commissioner Elections Order 201221—
a in article 34 (prohibition of candidate election expenses not authorised by election agent), in table 1 in paragraph (4), omit the entry for “South Yorkshire”;
b in article 35 (limitation of candidate election expenses), in table 2 in paragraph (2), omit the entry for “South Yorkshire”.

I1414 Amendment of the York and North Yorkshire Combined Authority Order 2023

In the York and North Yorkshire Combined Authority Order 202322, in Schedule 5 (modifications of police and crime commissioner enactments in their application to the Mayor), in paragraph 25 (modification of the Police Reform and Social Responsibility Act 2011), for sub-paragraph (b), substitute—
.

SCHEDULE 1 

Modification of police and crime commissioner enactments in their application to the Mayor

Article 5(2)

PART 1 Modifications of primary legislation

I151 Police (Property) Act 1897

1 The Police (Property) Act 189723 is modified as follows.
2 In section 2(2A) (regulations with respect to unclaimed property in possession of police), for the last reference to “relevant body” substitute “Combined Authority”.

I162 Trustee Investments Act 1961

1 The Trustee Investments Act 196124 is modified as follows.
2 In paragraph 9 of Part 2 of the First Schedule (manner of investment), for “similar officer of the authority” substitute “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.

I173 Pensions (Increase) Act 1971

1 The Pensions (Increase) Act 197125 is modified as follows.
2 In paragraph 51(aa) of Schedule 2 (official pensions: court and police staff), for “a police and crime commissioner” substitute “the police and crime commissioner for South Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.

I184 Local Government (Miscellaneous Provisions) Act 1976

1 The Local Government (Miscellaneous Provisions) Act 197626 is modified as follows.
2 In section 29(1) (repayment of unclaimed compensation etc. paid into court)27, for “or transferred to the authority”, substitute “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”.
3 In section 30(3)(a) (power to forgo repayment of advances of renumeration paid to deceased employees)28, for “maintained by a local authority”, substitute “maintained by the Mayor of the Combined Authority”.
4 In section 44(1) (interpretation etc. of Part I)29, in paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “13, 14, 16, 29 and 38”.

I195 Local Government, Planning and Land Act 1980

1 The Local Government, Planning and Land Act 198030 is modified as follows.
2 In section 99 (directions to dispose of land – supplementary)—
a after subsection (2), insert—
;
b in subsection (4)—
i in paragraph (dbzb)31 at the end insert “or, as the case may be, the Mayor”;
ii omit paragraph (dc)32.

I206 Dartford-Thurrock Crossing Act 1988

1 The Dartford-Thurrock Crossing Act 198833 is modified as follows.
2 In section 19(a)(i) (exemption from tolls), for “a local policing body” substitute “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”.

I217 Local Government Finance Act 1988

1 The Local Government Finance Act 198834 is modified as follows.
2 In section 114 (functions of responsible officer as regards reports)—
a for subsection (4)(b)(i)35 substitute—
;
b in subsection (8A)(b)36, for “relevant authority”, substitute “Mayor”.
3 In section 115 (authority’s duties as regards reports)—
a for subsection (1B)37 substitute—
;
b in subsection (1E)—
i for “the elected local policing body”, substitute “the Mayor”;
ii for “that body”, in each place it occurs, substitute “the Mayor”;
c in subsection (1F)(b), for “elected local policing body’s” substitute “Combined Authority’s”;
d in subsection (2)38, for “an elected local policing body” substitute “a Combined Authority in relation to a Mayor exercising PCC functions”.
4 For section 116(2B) (information about consideration of reports etc.)39, substitute—
.

I228 Road Traffic Act 1988

1 The Road Traffic Act 198840 is modified as follows.
2 In section 144(2)(b) (exceptions from requirement of third-party insurance)—
a for “a local policing body” substitute “the Combined Authority for use in relation to the Mayor’s PCC functions”;
b for “a police and crime commissioner’s staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” substitute “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”.

I239 Local Government and Housing Act 1989

1 The Local Government and Housing Act 198941 is modified as follows.
2 In section 1 (disqualification and political restriction of certain officers and staff)—
a in subsection (9)42, for “an elected local policing body” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”;
b in subsection (10)43, for “an elected local policing body does not include a deputy police and crime commissioner” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”.
3 In section 4 (designations and reports of head of paid service)—
a omit subsections (1) and (1A)44;
b for subsection (4)45, substitute—
;
c in subsection (5)46, omit “(other than an elected local policing body)”;
d in subsection (5A)47, for “by the head of the body’s paid service” substitute “that relates to the Mayor’s PCC functions”.
4 In section 5 (designation and reports of monitoring officer)—
a omit subsection (1C)48;
b for subsection (3)(b)(a)49, substitute—
;
c in subsection (5)—
i for “a relevant authority” substitute “the Mayor”;
ii in paragraph (a)50—
aa in sub-paragraph (i), omit “in the case of an elected local policing body”;
bb omit sub-paragraph (ii);
d in subsection (8)51, in the definition of “relevant authority” omit “an elected local policing body”.
5 Omit section 7(1)(aa) (all staff to be appointed on merit)52.
6 Omit section 13(5ZA) (voting rights of members of certain committees: England and Wales)53.

I2410 Police Act 1996

1 The Police Act 199654 is modified as follows.
2 In section 22A(9)(a) (collaboration agreements)55, for “that body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.
3 In section 41 (directions as to minimum budget)56—
a in subsection (1), for “commissioner’s council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “PCC component council tax requirement”;
b in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “determination by the Mayor of the final amount of the PCC component”.
4 In section 53E (guidance about civilian staff employed by local policing bodies and chief officers)57—
a in subsection (1)(a), for “a local policing body” substitute “the Combined Authority and are deployed wholly or partly in relation to the Mayor’s PCC functions”;
b in subsection (1)(b), for “the body” substitute “the Combined Authority”.
5 In section 88 (liability for wrongful acts of constables)58—
a in subsection (5A), for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;
b in subsection (6)(a), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.
6 In section 92(1) (grants by local authorities)59, for “parish or community” substitute “parish, community or Combined Authority”.
7 In section 96(1B) (arrangements for obtaining the views of the community on policing)60, for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “PCC component is determined by the Mayor”.

I2511 Proceeds of Crime Act 2002

1 The Proceeds of Crime Act 200261 is modified as follows.
2 For section 55(8)(aa) (sums received by designated officer) substitute—
.

I2612 Police Reform Act 2002

1 The Police Reform Act 200262 is modified as follows.
2 In section 40(7)(d) (community safety accreditation schemes)63, for “local policing body” substitute “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”.
3 In section 42(7) (supplementary provisions relating to designations and accreditations)64—
a for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;
b for the second reference to “local policing body” substitute “Combined Authority”;
c for “or body” substitute “or Combined Authority”.

I2713 Local Government Act 2003

1 The Local Government Act 200365 is modified as follows.
2 In section 7 (credit arrangements)—
a in subsection (1)(a), for “its part” substitute “the part of the Combined Authority”;
b in subsection (2), for “on the part of the authority”, substitute “on the part of the Combined Authority”.

I2814 Railways and Transport Safety Act 2003

1 The Railways and Transport Safety Act 200366 is modified as follows.
2 For paragraph 7(2)(c) of Schedule 4 (British Transport Police Authority), substitute—
.

I2915 Local Government and Public Involvement in Health Act 2007

1 The Local Government and Public Involvement in Health Act 200767 is modified as follows.
2 For section 15(1)(a) (incidental etc provision in orders or regulations), substitute—
.

I3016 Local Democracy, Economic Development and Construction Act 2009

1 The 2009 Act is modified as follows.
2 In paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections)68, for “or deputy mayor” substitute “, deputy mayor or deputy mayor for policing and crime”.

Police Reform and Social Responsibility Act 2011

I3117The PRSR Act is modified as follows.
I3218In section 5 (police and crime commissioners to issue police and crime plans)69—
a in subsection (1), for “ordinary election” substitute “election for the return of a Mayor”;
b in subsection (13)—
i in the definition of “financial year”, for “the police and crime commissioner” substitute “the Combined Authority”;
ii omit the definition of “ordinary election”.
I3319In section 7(7) (police and crime plans)70—
a in the definition of “financial year”, for “the elected local policing body” substitute “the Combined Authority”;
b omit the definition of “ordinary election”;
c in the definitions of “planning period” and “qualifying day”, for “ordinary election” substitute “election for the return of a Mayor”.
I3420In section 16 (appointment of persons not employed by elected local policing bodies)—
a for subsection (1), substitute—
;
b in subsection (2), for “the body” substitute “the Combined Authority”.
I3521In section 18 (delegation of functions by police and crime commissioners)71—
a for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
b in subsection (6)—
i after paragraph (d), insert—
;
ii after paragraph (h), insert—
;
c in subsection (7)—
i for paragraph (f), substitute—
;
ii omit paragraphs (g) and (h);
d for subsection (10), substitute—
.
I3622In section 21 (police fund), after subsection (3) insert—
.
I3723In section 28 (police and crime panels outside London)73—
a omit subsections (1A) and (1B);
b in subsection (6)(a), after “police and crime commissioner” insert “, the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18”.
I3824In section 29 (power to require attendance and information)—
a for subsection (1), substitute—
;
b for subsection (2), substitute—
;
c for subsection (5), substitute—
;
d in subsection (6), after “commissioner” insert “or the deputy mayor for policing and crime”.
I3925In section 30 (suspension of police and crime commissioner)—
a in subsection (1), for “relevant police and crime commissioner” substitute “Mayor so far as acting in the exercise of PCC functions”;
b for subsection (3), substitute—
.
I4026In section 31(3) (conduct), for paragraphs (b) to (d) substitute—
.
I4127In section 62 (appointment of acting commissioner)—
a for subsection (1), substitute—
;
b in subsection (2), for “member of the police and crime commissioner’s staff”, substitute “member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or the deputy mayor for policing and crime”;
c after subsection (2), insert—
;
d omit subsection (3);
e for subsection (5), substitute—
;
f omit subsection (6)(c);
g in subsection (7)—
i omit “incapacitated or”;
ii omit “(c) or”;
h omit subsection (8).
I4228For section 63 (vacancy where acting commissioner acts for 6 months), substitute—
.
I4329For section 64(3) to (4A) (disqualification from election as police and crime commissioner)74, substitute—
.
I4430In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds)77—
a in subsection (1)(e), insert after paragraph (ii)—
;
b for subsection (1A), substitute—
.
I4531In section 70 (declaration of acceptance of office of police and crime commissioner)78—
a for subsection (1), substitute—
;
b omit subsection (2);
c in subsection (5), for the first reference to “office” substitute “the duty of exercising police and crime commissioner functions as Mayor”;
d for subsection (6), substitute—
;
e omit subsection (7).
I4632In Schedule 1 (police and crime commissioners)79—
a for paragraph 1, substitute—
;
b for paragraph 4, substitute—
;
c in paragraph 5(2), for “any of paragraphs 2 to” substitute “paragraph”;
d in paragraph 8—
i for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
ii for sub-paragraphs (3) and (3A), substitute—
;
e for paragraph 9(1), substitute—
;
f in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “election for the return of a Mayor”;
g for paragraph 13, substitute—
;
h for paragraph 15(2), substitute—
;
i for paragraph 16, substitute—
.
I4733In Schedule 5 (issuing precepts)—
a in paragraph 1—
i for sub-paragraph (1), substitute—
;
ii for sub-paragraph (3), substitute—
;
b in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “the proposed amount of the PCC component”;
c in paragraph 3(3), for “the precept that should be issued” substitute “the amount of the PCC component”;
d in paragraph 4(3), for “precept for the financial year” substitute “PCC component for the financial year”;
e in paragraph 5(3)—
i in paragraph (a), for “issue the proposed precept as the precept” substitute “determine that the proposed amount of the PCC component is the final amount of the PCC component”;
ii in paragraph (b), for “issue a different precept” substitute “determine a different PCC component”;
f in paragraph 6(2), for “issue the proposed precept as the precept” substitute “determine that the proposed PCC component is to be the PCC component”;
g in paragraph 8—
i in sub-paragraph (1), for “the issuing of precepts” substitute “determining the amount of the PCC component”;
ii in sub-paragraph (4), for “precept that may be issued” substitute “amount of the PCC component”.
I4834In Schedule 6 (police and crime panels)80—
a for paragraph 21, substitute—
;
b in paragraph 22(1)(a), for the words “police and crime commissioner for that police area” substitute “Combined Authority”;
c in paragraph 33, after sub-paragraph (1) insert—
;
d in paragraph 34, after sub-paragraph (1) insert—
.
I4935In Schedule 7 (regulations about complaints and conduct matters)81—
a in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime (unless the holder of that office is a member of the Combined Authority)”;
b for paragraph 4, substitute—
.
I5036In Schedule 8 (appointment, suspension and removal of senior police officers)82—
a for paragraph 4(10), substitute—
;
b for paragraph 15(8), substitute—
.

I5137 Local Audit and Accountability Act 2014

1 The Local Audit and Accountability Act 201483 is modified as follows.
2 In Schedule 4 (further provisions about auditor panels)—
a for paragraph 2(4)(a), substitute—
;
b for paragraph 2(5), substitute—
.

PART 2 Modifications of secondary legislation

I5238 Motor Vehicles (Third Party Risks) Regulations 1972

1 The Motor Vehicles (Third Party Risks) Regulations 197284 are modified as follows.
2 For regulation 7(3) (production of evidence as alternatives to certificates), substitute—
.

I5339 Official Secrets Act 1989 (Prescription) Order 1990

1 The Official Secrets Act 1989 (Prescription) Order 199085 is modified as follows.
2 In Schedule 2 (prescriptions), for “A Deputy police and crime commissioner”, substitute “A deputy mayor for policing and crime”.

I5440 Police (Disposal of Sound Equipment) Regulations 1995

1 The Police (Disposal of Sound Equipment) Regulations 199586 are modified as follows.
2 In regulation 4(4) (application of proceeds of sale), for “local policing body” substitute “Combined Authority”.

I5541 Police (Property) Regulations 1997

1 The Police (Property) Regulations 199787 are modified as follows.
2 In regulation 6(6), for “relevant authority” substitute “Combined Authority”.
3 In regulation 7(1), for “vest in them” substitute “vest in the Combined Authority”.

I5642 Health and Safety (Enforcing Authority) Regulations 1998

1 The Health and Safety (Enforcing Authority) Regulations 199888 are modified as follows.
2 In regulation 4(3)(d) (exceptions), for “a local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”.

I5743 Motor Vehicles (Driving Licences) Regulations 1999

1 The Motor Vehicles (Driving Licences) Regulations 199989 are modified as follows.
2 In regulation 23(1)(c)(ii) (persons by whom theory tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”.
3 In regulation 24(1)(d)(ii) (persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”.
4 In regulation 58(2)(c)(ii) (provision of approved training courses), for “local policing body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

I5844 Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999

1 The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 199990 is modified as follows.
2 For paragraph 2 of Section 6 of Schedule 1 (Employment to which this Order Applies: Employers Immediately Before the Relevant Event), substitute—
.

I5945 Motor Vehicles (Access to Driver Licensing Records) Regulations 2001

1 The Motor Vehicles (Access to Driver Licensing Records) Regulations 200191 are modified as follows.
2 In regulation 3(2) (further disclosure), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”.

I6046 Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001

1 The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 200192 are modified as follows.
2 In regulation 2(1)(b), for “a local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”.

I6147 Police Regulations 2003

1 The Police Regulations 200393 are modified as follows.
2 In regulation 7(7)(a) (business interests of members of police forces: general), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011” substitute “the deputy mayor for policing and crime”.
3 In regulation 24(1)(b) (pay), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.

I6248 Docking of Working Dogs’ Tails (England) Regulations 2007

1 The Docking of Working Dogs’ Tails (England) Regulations 200794 are modified as follows.
2 In regulation 2 (interpretation), for the definition of “police identification” substitute—
.

I6349 REACH Enforcement Regulations 2008

1 The REACH Enforcement Regulations 200895 are modified as follows.
2 In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”.

I6450 Elected Local Policing Bodies (Specified Information) Order 2011

1 The Elected Local Policing Bodies (Specified Information) Order 201196 is modified as follows.
2 In article 1(2) (interpretation)—
a for the definition of “election” substitute—
;
b in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
c for the definition of “senior employee”, substitute—
;
d for the definition of “staff”, substitute—
.
3 In the Schedule—
a in paragraph 2—
i omit the first reference to “of the elected local policing body”;
ii for each of the remaining two references to “elected local policing body” substitute “Combined Authority”;
b in paragraph 397 —
i for sub-paragraph (b), substitute—
;
ii in sub-paragraph (c), for “the precept” substitute “the PCC component”;
c in paragraph 498—
i for the first reference to “elected local policing body”, substitute “Combined Authority in relation to the Mayor’s PCC functions”;
ii in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “by the Combined Authority in relation to the Mayor’s PCC functions, or occupied for the purposes of”;
iii in sub-paragraphs (b) and (c), for “£10,000” substitute “£5,000”;
iv for sub-paragraph (d), substitute—
.

I6551 Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012

1 The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201299 are modified as follows.
2 In regulation 2 (interpretation)—
a after the definition of “document”, insert—
;
b in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
c in the definition of “relevant office”, for paragraph (b) substitute—
.
3 In regulation 7 (delegation of powers and duties by police and crime panels)—
a for paragraph (1)(a), substitute—
;
b in paragraph (2), omit “a chief executive or”;
c for paragraph (3), substitute—
.
4 In regulation 15(3)(a) (disapplication of requirements of regulations), for “the office holder’s staff” substitute “staff deployed by the Combined Authority wholly or partly in relation to the Mayor’s PCC functions”.
5 In regulation 28(1) (informal resolution)—
a omit paragraph (a);
b for paragraph (b), substitute—
.
6 For regulation 29 (resolution in accordance with Part 3 of the Local Government Act 2000), substitute—
.

I6652 Police Appeals Tribunals Rules 2012

1 The Police Appeals Tribunals Rules 2012102 are modified as follows.
2 In rule 15(4) (legal and other representation) for “relevant local policing body” substitute “Combined Authority”.

I6753 Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012

1 The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012103 are modified as follows.
2 In regulation 3(2) (entities under the control of a relevant council)—
a in sub-paragraph (c), omit “or”;
b in sub-paragraph (d), after (c) insert “, or”;
c after sub-paragraph (d), insert—
.

I6854 Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012

1 The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012104 are modified as follows.
2 In regulation 4(2) (report on proposed precept), for “may issue the proposed precept as the precept” substitute “may determine that the proposed PCC component is the final amount of the PCC component”.
3 In regulation 5(2) (veto: police and crime commissioner’s response), for “precept that he now proposes to issue” substitute “PCC component that he now proposes to determine”.
4 In regulation 6(2) (panel’s review of revised precept)—
a in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “finalising the revised precept as the PCC component to be determined”;
b in sub-paragraph (b), for “precept that should be issued” substitute “PCC component that should be determined”.
5 In regulation 7 (police and crime commissioner’s consideration of second report), for “1st March” substitute “the penultimate working day in February”.
6 In regulation 8 (issuing precept)—
a in paragraph (2)—
i in sub-paragraph (a), for “issue the revised precept as the precept” substitute “finalise the revised precept as the PCC component to be determined”;
ii in sub-paragraph (b), for “issue a different precept” substitute “finalise a different amount of the PCC component”;
b in paragraph (3)—
i in sub-paragraph (a), for “issue a precept” substitute “finalise the PCC component”;
ii in sub-paragraph (b), for “issue a precept” substitute “finalise the PCC component”.

I6955 Local Government Pension Scheme Regulations 2013

1 The Local Government Pension Scheme Regulations 2013105 are modified as follows.
2 After regulation 64(8) (special circumstances where revised actuarial valuations and certificates must be obtained), insert—
.

I7056 Local Audit (Auditor Resignation and Removal) Regulations 2014

1 The Local Audit (Auditor Resignation and Removal) Regulations 2014106 are modified as follows.
2 In regulation 2 (application of these Regulations to policing bodies)—
a in paragraph (3), for “police and crime commissioner” substitute “Combined Authority”;
b in paragraph (4), for “a police and crime commissioner” substitute “the Combined Authority in relation to the Mayor’s PCC functions”.

I7157 Combined Authorities (Mayors) (Filling of Vacancies) Order 2017

1 The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017107 is modified as follows.
2 In article 4(d) (date on which vacancy occurs)—
a in paragraph (ii), omit “or”;
b in paragraph (iii), at the end insert “or”;
c after paragraph (iii), insert—
.

I7258 Police Appeals Tribunals Rules 2020

1 The Police Appeals Tribunals Rules 2020108 are modified as follows.
2 In rule 19(4)(c) and (d) (legal and other representation), for “relevant local policing body” substitute “Combined Authority”.

I7359 Policing Protocol Order 2023

1 The Policing Protocol Order 2023109 is modified as follows.
2 In the Schedule—
a in paragraph 5, for “of each PCC”, substitute “deployed by the Combined Authority wholly or partly in relation to the Mayor’s PCC functions”;
b for paragraph 13, substitute—
;
c in paragraph 16, for “precept” substitute “PCC component”;
d in paragraph 17(d), for “precept” substitute “PCC component”;
e in paragraph 24—
i in sub-paragraph (a), for “precept” substitute “PCC component”;
ii in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “suspended from the exercise of PCC functions”;
iii omit sub-paragraph (i);
f after paragraph 24, insert—
.

SCHEDULE 2 

Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions

Article 5(3)

PART 1 Primary legislation

I741 Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)110.
I752 The following provisions of the Local Government Act 1972111—
a section 102(6) to (11) (appointment of committees);
b section 223(2) (appearance of local authorities in legal proceedings);
c paragraph 6ZA of Part 1 of Schedule 12 (meetings and proceedings of local authorities).
I763 Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.)112.
I774 Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.)113.
I785 Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 (land held by public bodies)114.
I796 Sections 33 (enforceability by local authorities of certain covenants relating to land) and 41 (lost and uncollected property) of the Local Government (Miscellaneous Provisions) Act 1982115.
I807 Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers)116.
I818 Section 60 of the County Courts Act 1984 (right of audience)117.
I829 The following provisions of the Housing Act 1985118—
a section 80(1) (the landlord condition);
b section 157(1) (restriction on disposal of dwelling-houses in National Parks);
c section 171(2) (power to extend right to buy);
d section 573(1) (meaning of public sector authority);
e paragraph 2(1) of Schedule 1 (tenancies which are not secure tenancies);
f grounds 7 and 12 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies);
g ground 5 in Schedule 3 (grounds for withholding consent to assignment by way of exchange);
h paragraph 7(1) of Schedule 4 (qualifying period for right to buy and discount);
i paragraph 5(1)(b) of Schedule 5 (exceptions to the right to buy).
I8310 Section 38 of the Landlord and Tenant Act 1985 (minor definitions)119.
I8411 Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent)120.
I8512 Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords)121.
I8613 Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration)122.
I8714 Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies)123.
I8815 Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities)124.
I8916 Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases)125.
I9017 Section 94 of the Police Act 1996 (financing of new police and crime commissioners)126.
I9118 Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)127.
I9219 Sections 21 and 22 of the Local Government Act 2003 (accounts)128.
I9320 The following provisions of the Fire and Rescue Services Act 2004129—
a section 3(7) and (9) (creation of combined fire and rescue authorities: supplementary);
b section 4A (power to provide for police and crime commissioner to be fire and rescue authority);
c Schedule A1 (procedure for orders under section 4A);
d Schedule A2 (application of legislation relating to police and crime commissioners).
I9421 The following provisions of the PRSR Act—
a section 1(1) to (4) (police and crime commissioners)130;
b sections 50 to 61 (elections and vacancies);
c section 69 (validity of acts);
d sections 71 to 75 (elections: further provision);
e section 102(3) (interpretation: police and crime commissioner’s staff);
f Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7 (police and crime commissioners);
g Schedule 6, paragraphs 33 to 35 (duty to nominate elected mayor to be a member of police and crime panel);
h Schedule 10 (elections: consequential amendments).
I9522 Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities)131.
I9623 The following provisions of the Policing and Crime Act 2017132—
a section 5(7)(a) and (9)(a) (collaboration agreements: definitions);
b paragraph 92 of Schedule 1 (amendments to Schedule 6 to the Police Reform and Social Responsibility Act 2011).

PART 2 Secondary legislation

I9724 The Police and Crime Commissioner Elections Order 2012.
I9825 The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012133.
I9926 The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012134.
I10027 The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012135.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10129 The Police and Crime Commissioner Elections Order 2015136.
I10230 Article 7 of the Chancellor of the Duchy of Lancaster Order 2015137.
I10331 The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015138
I10432 The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020139.
I10533 The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020140.
I10634 The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021141.

Footnotes

  1. I1
    Art. 1 in force at 21.3.2024, see art. 1(2)
  2. I2
    Art. 2 in force at 21.3.2024, see art. 1(2)
  3. I3
    Art. 3 in force at 21.3.2024, see art. 1(2)
  4. I4
    Art. 4 in force at 21.3.2024, see art. 1(2)
  5. I5
    Art. 5 in force at 21.3.2024, see art. 1(2)
  6. I6
    Art. 6 in force at 21.3.2024, see art. 1(2)
  7. I7
    Art. 7 in force at 21.3.2024, see art. 1(2)
  8. I8
    Art. 8 in force at 21.3.2024, see art. 1(2)
  9. I9
    Art. 9 in force at 21.3.2024, see art. 1(2)
  10. I10
    Art. 10 in force at 21.3.2024, see art. 1(2)
  11. I11
    Art. 11 in force at 21.3.2024, see art. 1(2)
  12. I12
    Art. 12 in force at 21.3.2024, see art. 1(2)
  13. I13
    Art. 13 in force at 21.3.2024, see art. 1(2)
  14. I14
    Art. 14 in force at 21.3.2024, see art. 1(2)
  15. I15
    Sch. 1 para. 1 in force at 21.3.2024, see art. 1(2)
  16. I16
    Sch. 1 para. 2 in force at 21.3.2024, see art. 1(2)
  17. I17
    Sch. 1 para. 3 in force at 21.3.2024, see art. 1(2)
  18. I18
    Sch. 1 para. 4 in force at 21.3.2024, see art. 1(2)
  19. I19
    Sch. 1 para. 5 in force at 21.3.2024, see art. 1(2)
  20. I20
    Sch. 1 para. 6 in force at 21.3.2024, see art. 1(2)
  21. I21
    Sch. 1 para. 7 in force at 21.3.2024, see art. 1(2)
  22. I22
    Sch. 1 para. 8 in force at 21.3.2024, see art. 1(2)
  23. I23
    Sch. 1 para. 9 in force at 21.3.2024, see art. 1(2)
  24. I24
    Sch. 1 para. 10 in force at 21.3.2024, see art. 1(2)
  25. I25
    Sch. 1 para. 11 in force at 21.3.2024, see art. 1(2)
  26. I26
    Sch. 1 para. 12 in force at 21.3.2024, see art. 1(2)
  27. I27
    Sch. 1 para. 13 in force at 21.3.2024, see art. 1(2)
  28. I28
    Sch. 1 para. 14 in force at 21.3.2024, see art. 1(2)
  29. I29
    Sch. 1 para. 15 in force at 21.3.2024, see art. 1(2)
  30. I30
    Sch. 1 para. 16 in force at 21.3.2024, see art. 1(2)
  31. I31
    Sch. 1 para. 17 in force at 21.3.2024, see art. 1(2)
  32. I32
    Sch. 1 para. 18 in force at 21.3.2024, see art. 1(2)
  33. I33
    Sch. 1 para. 19 in force at 21.3.2024, see art. 1(2)
  34. I34
    Sch. 1 para. 20 in force at 21.3.2024, see art. 1(2)
  35. I35
    Sch. 1 para. 21 in force at 21.3.2024, see art. 1(2)
  36. I36
    Sch. 1 para. 22 in force at 21.3.2024, see art. 1(2)
  37. I37
    Sch. 1 para. 23 in force at 21.3.2024, see art. 1(2)
  38. I38
    Sch. 1 para. 24 in force at 21.3.2024, see art. 1(2)
  39. I39
    Sch. 1 para. 25 in force at 21.3.2024, see art. 1(2)
  40. I40
    Sch. 1 para. 26 in force at 21.3.2024, see art. 1(2)
  41. I41
    Sch. 1 para. 27 in force at 21.3.2024, see art. 1(2)
  42. I42
    Sch. 1 para. 28 in force at 21.3.2024, see art. 1(2)
  43. I43
    Sch. 1 para. 29 in force at 21.3.2024, see art. 1(2)
  44. I44
    Sch. 1 para. 30 in force at 21.3.2024, see art. 1(2)
  45. I45
    Sch. 1 para. 31 in force at 21.3.2024, see art. 1(2)
  46. I46
    Sch. 1 para. 32 in force at 21.3.2024, see art. 1(2)
  47. I47
    Sch. 1 para. 33 in force at 21.3.2024, see art. 1(2)
  48. I48
    Sch. 1 para. 34 in force at 21.3.2024, see art. 1(2)
  49. I49
    Sch. 1 para. 35 in force at 21.3.2024, see art. 1(2)
  50. I50
    Sch. 1 para. 36 in force at 21.3.2024, see art. 1(2)
  51. I51
    Sch. 1 para. 37 in force at 21.3.2024, see art. 1(2)
  52. I52
    Sch. 1 para. 38 in force at 21.3.2024, see art. 1(2)
  53. I53
    Sch. 1 para. 39 in force at 21.3.2024, see art. 1(2)
  54. I54
    Sch. 1 para. 40 in force at 21.3.2024, see art. 1(2)
  55. I55
    Sch. 1 para. 41 in force at 21.3.2024, see art. 1(2)
  56. I56
    Sch. 1 para. 42 in force at 21.3.2024, see art. 1(2)
  57. I57
    Sch. 1 para. 43 in force at 21.3.2024, see art. 1(2)
  58. I58
    Sch. 1 para. 44 in force at 21.3.2024, see art. 1(2)
  59. I59
    Sch. 1 para. 45 in force at 21.3.2024, see art. 1(2)
  60. I60
    Sch. 1 para. 46 in force at 21.3.2024, see art. 1(2)
  61. I61
    Sch. 1 para. 47 in force at 21.3.2024, see art. 1(2)
  62. I62
    Sch. 1 para. 48 in force at 21.3.2024, see art. 1(2)
  63. I63
    Sch. 1 para. 49 in force at 21.3.2024, see art. 1(2)
  64. I64
    Sch. 1 para. 50 in force at 21.3.2024, see art. 1(2)
  65. I65
    Sch. 1 para. 51 in force at 21.3.2024, see art. 1(2)
  66. I66
    Sch. 1 para. 52 in force at 21.3.2024, see art. 1(2)
  67. I67
    Sch. 1 para. 53 in force at 21.3.2024, see art. 1(2)
  68. I68
    Sch. 1 para. 54 in force at 21.3.2024, see art. 1(2)
  69. I69
    Sch. 1 para. 55 in force at 21.3.2024, see art. 1(2)
  70. I70
    Sch. 1 para. 56 in force at 21.3.2024, see art. 1(2)
  71. I71
    Sch. 1 para. 57 in force at 21.3.2024, see art. 1(2)
  72. I72
    Sch. 1 para. 58 in force at 21.3.2024, see art. 1(2)
  73. I73
    Sch. 1 para. 59 in force at 21.3.2024, see art. 1(2)
  74. I74
    Sch. 2 para. 1 in force at 21.3.2024, see art. 1(2)
  75. I75
    Sch. 2 para. 2 in force at 21.3.2024, see art. 1(2)
  76. I76
    Sch. 2 para. 3 in force at 21.3.2024, see art. 1(2)
  77. I77
    Sch. 2 para. 4 in force at 21.3.2024, see art. 1(2)
  78. I78
    Sch. 2 para. 5 in force at 21.3.2024, see art. 1(2)
  79. I79
    Sch. 2 para. 6 in force at 21.3.2024, see art. 1(2)
  80. I80
    Sch. 2 para. 7 in force at 21.3.2024, see art. 1(2)
  81. I81
    Sch. 2 para. 8 in force at 21.3.2024, see art. 1(2)
  82. I82
    Sch. 2 para. 9 in force at 21.3.2024, see art. 1(2)
  83. I83
    Sch. 2 para. 10 in force at 21.3.2024, see art. 1(2)
  84. I84
    Sch. 2 para. 11 in force at 21.3.2024, see art. 1(2)
  85. I85
    Sch. 2 para. 12 in force at 21.3.2024, see art. 1(2)
  86. I86
    Sch. 2 para. 13 in force at 21.3.2024, see art. 1(2)
  87. I87
    Sch. 2 para. 14 in force at 21.3.2024, see art. 1(2)
  88. I88
    Sch. 2 para. 15 in force at 21.3.2024, see art. 1(2)
  89. I89
    Sch. 2 para. 16 in force at 21.3.2024, see art. 1(2)
  90. I90
    Sch. 2 para. 17 in force at 21.3.2024, see art. 1(2)
  91. I91
    Sch. 2 para. 18 in force at 21.3.2024, see art. 1(2)
  92. I92
    Sch. 2 para. 19 in force at 21.3.2024, see art. 1(2)
  93. I93
    Sch. 2 para. 20 in force at 21.3.2024, see art. 1(2)
  94. I94
    Sch. 2 para. 21 in force at 21.3.2024, see art. 1(2)
  95. I95
    Sch. 2 para. 22 in force at 21.3.2024, see art. 1(2)
  96. I96
    Sch. 2 para. 23 in force at 21.3.2024, see art. 1(2)
  97. I97
    Sch. 2 para. 24 in force at 21.3.2024, see art. 1(2)
  98. I98
    Sch. 2 para. 25 in force at 21.3.2024, see art. 1(2)
  99. I99
    Sch. 2 para. 26 in force at 21.3.2024, see art. 1(2)
  100. I100
    Sch. 2 para. 27 in force at 21.3.2024, see art. 1(2)
  101. I101
    Sch. 2 para. 29 in force at 21.3.2024, see art. 1(2)
  102. I102
    Sch. 2 para. 30 in force at 21.3.2024, see art. 1(2)
  103. I103
    Sch. 2 para. 31 in force at 21.3.2024, see art. 1(2)
  104. I104
    Sch. 2 para. 32 in force at 21.3.2024, see art. 1(2)
  105. I105
    Sch. 2 para. 33 in force at 21.3.2024, see art. 1(2)
  106. I106
    Sch. 2 para. 34 in force at 21.3.2024, see art. 1(2)
  107. F1
    Sch. 2 para. 28 omitted (11.5.2026) by virtue of The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 (S.I. 2026/346), regs. 1(1), 22
  108. 1
    2009 c. 20. Section 107F was inserted by section 4(1) of, Schedule 5B by section 2 of and Schedule 5C by Schedule 2 to, the Cities and Local Government Devolution Act 2016 (c. 1).
  109. 2
    Section 107F(4) was substituted by section 62 of the Levelling-up and Regeneration Act 2023 (c. 55).
  110. 3
    Subsections (1) and (2) of section 113 were substituted by section 14 of the Cities and Local Government Devolution Act 2016 and amended by section 66 of the Levelling-up and Regeneration Act 2023.
  111. 4
    Section 117(2) was substituted by section 13(2) of the Localism Act 2011 (c. 20).
  112. 5
    2011 c. 13.
  113. 6
    The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority was created by S.I. 2014/863. Since 17th September 2021 the Combined Authority has been known as the South Yorkshire Mayoral Combined Authority, in accordance with a resolution notified to the Secretary of State under section 97 of the Local Transport Act 2008 (c. 26), as applied to a combined authority by section 104(4) of the Local Democracy, Economic Development and Construction Act 2009.
  114. 7
    1992 c. 14. Section 40 was amended by paragraph 17 of Schedule 7 to the Localism Act 2011 (c. 20) and section 5(2) of the Cities and Local Government Devolution Act 2016 (c. 1). There are other amendments not relevant to this instrument.
  115. 8
    S.I. 2017/611.
  116. 9
    Section 42A was inserted by section 75 of the Localism Act 2011 and amended by S.I. 2014/389. Section 107G of the Local Democracy, Economic Development and Construction Act 2009 (c. 20) provides that, wherever a mayor exercises policing and crime commissioner functions, there must be a separate component of the council tax requirement in respect of the mayor’s PCC functions.
  117. 10
    S.I. 2016/800. Article 3 was amended by S.I. 2017/432.
  118. 11
    Section 50 was amended by section 8(1) to (4) of the Wales Act 2017 (c. 4).
  119. 12
    Section 51 was amended by section 8(5) of the Wales Act 2017.
  120. 13
    “PCC functions” is defined at section 107F(3) of the Local Democracy, Economic Development and Construction Act 2009.
  121. 14
    “Police and crime commissioner enactment” is defined at paragraph 12(5) of Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009.
  122. 15
    Section 18 was amended by paragraphs 52 and 53 of Schedule 7 to the Localism Act 2011 (c. 20), paragraphs 115 and 116 of Schedule 12 to the Local Audit and Accountability Act 2014 (c. 2), and by section 23(2) of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”).
  123. 16
    1999 c. 29.
  124. 17
    2014 c. 2.
  125. 18
    S.I. 2015/234. Relevant amendments were made by S.I. 2020/404, 2021/263, and 2021/565.
  126. 19
    “Responsible financial officer” is defined in regulation 2(2) of the Accounts and Audit Regulations 2015.
  127. 20
    1972 c. 70. Section 86 was amended by paragraph 8 of Schedule 14 to the Local Government Act 1985 (c. 51) and by section 59 of and paragraph 6(1) and (7)(d) of Schedule 13 to the Deregulation Act 2015 (c. 20). There are other amendments not relevant to this instrument.
  128. 21
    S.I. 2012/1917, amended by S.I. 2014/921, 2016/300, 2017/67, 2018/1310, 2021/1265, 2022/1275, 2022/1354 and 2022/1382.
  129. 22
    S.I. 2023/1432.
  130. 23
    1897 c. 30. Section 2(2A) was inserted by section 1 of the Police (Property) Act 1997 (c. 30) and amended by paragraph 62 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) (“the PRSR Act”).
  131. 24
    1961 c. 62. There are amendments to paragraph 9 of Part 2 of the First Schedule not relevant to this instrument.
  132. 25
    1971 c. 56. Paragraph 51 was amended by Part 1 of Schedule 9 to the Police Act 1996 (c. 16) and by paragraph 97 of Schedule 16 to the PRSR Act. There are other amendments not relevant to this instrument.
  133. 26
    1976 c. 57.
  134. 27
    Section 29(1) was amended by paragraph 14 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).
  135. 28
    Section 30(3) was substituted by paragraph 126 of Schedule 16 to the PRSR Act.
  136. 29
    The definition of “local authority” was substituted by paragraph 53 of Schedule 14 to the Local Government Act 1985 (c. 51) and amended by paragraph 43(a) of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraph 127 of Schedule 16 to the PRSR Act, and paragraph 36 of Schedule 1 to and paragraph 51 of Schedule 2 to the 2017 Act. There are other amendments not relevant to this instrument.
  137. 30
    1980 c. 65.
  138. 31
    Section 99(4)(dbzb) was inserted by paragraph 51 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009.
  139. 32
    Section 99(4)(dc) was inserted by paragraph 141 of Schedule 16 to the PRSR Act.
  140. 33
    1988 c. 20. Section 19(a)(i) was substituted by paragraph 177 of Schedule 16 to the PRSR Act. There are other amendments to section 19 not relevant to this instrument.
  141. 34
    1988 c. 41.
  142. 35
    Section 114(4)(b) was substituted by paragraph 188(5) of Schedule 16 to the PRSR Act.
  143. 36
    Subsection (8A)(b) was inserted by paragraph 188(6) of Schedule 16 to the PRSR Act.
  144. 37
    Section 115(1B) to (1F) were inserted by paragraph 189(2) of Schedule 16 to the PRSR Act.
  145. 38
    Section 115(2) was amended by paragraph 189(3) of Schedule 16 to the PRSR Act and by S.I. 2018/226.
  146. 39
    Section 116(2B) was inserted by paragraph 190(3) of Schedule 16 to the PRSR Act.
  147. 40
    1988 c. 52. Section 144(2)(b) was amended by Part VIII of Schedule 34 to the Greater London Authority Act 1999 (c. 29), paragraph 197(3) of Schedule 16 to the PRSR Act, and paragraph 8 of Schedule 12 to the 2017 Act.
  148. 41
    1989 c. 42.
  149. 42
    Section 1(9) was inserted by paragraph 200 of Schedule 16 to the PRSR Act and amended by section 123(2) of, and paragraph 61 of Schedule 2 and paragraph 86 of Schedule 2 to, the 2017 Act.
  150. 43
    Section 1(10) was inserted by section 123(3) of the 2017 Act.
  151. 44
    Section 4(1A) was inserted by paragraph 201(2) of Schedule 16 to the PRSR Act.
  152. 45
    Section 4(4) was amended by paragraph 201(3) of Schedule 16 to the PRSR Act, and by paragraph 62(2) of Schedule 1 and paragraph 87(2) of Schedule 2 to, the 2017 Act.
  153. 46
    Section 4(5) was amended by paragraph 201(4) of Schedule 16 to the PRSR Act.
  154. 47
    Section 4(5A) was inserted by paragraph 201(5) of Schedule 16 to the PRSR Act.
  155. 48
    Section 5(1C) was inserted by paragraph 202(3) of Schedule 16 to the PRSR Act.
  156. 49
    Section 5(3)(b) was amended by paragraph 202(4) of Schedule 16 to the PRSR Act. There are other amendments not relevant to this instrument.
  157. 50
    Section 5(5)(a) was amended by paragraph 202(5) of Schedule 16 to the PRSR Act. There are other amendments not relevant to this instrument.
  158. 51
    The definition of “relevant authority” was amended by paragraph 634(3)(b) of Schedule 1 to the 2017 Act. There are other amendments not relevant to this instrument.
  159. 52
    Section 7(1)(aa) was inserted by paragraph 203(b) of Schedule 16 to the PRSR Act.
  160. 53
    Section 13(5ZA) was inserted by section 7(8) of the 2017 Act.
  161. 54
    1996 c. 16.
  162. 55
    Section 22A was inserted by section 89(2) of the PRSR Act. There are amendments to section 22A not relevant to this instrument.
  163. 56
    Section 41 was amended by paragraph 28 of Schedule 2 to the Police and Justice Act 2006 (c. 48), section 22 of the PRSR Act, and by paragraph 33 of Schedule 7 to the Localism Act 2011 (c. 20).
  164. 57
    Section 53E was inserted by section 125 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).
  165. 58
    Section 88 was amended by paragraph 85 of Schedule 9 to the Police Act 1997 (c. 50), sections 102(1) and (4) and 103(1) of the Police Reform Act 2002, paragraph 80(3) of Schedule 4 and Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 42 of Schedule 16 to the PRSR Act, paragraph 45 of Schedule 8 to the Crime and Courts Act 2013 (c. 22) and by S.I. 2012/1809 and 2019/742.
  166. 59
    Section 92(1) was amended by section 25(4)(a) of the PRSR Act.
  167. 60
    Section 96(1B) was inserted by section 14(3) of the PRSR Act.
  168. 61
    2002 c. 29. Section 55(8)(aa) was inserted by paragraph 305 of Schedule 16 to the PRSR Act.
  169. 62
    2002 c. 30.
  170. 63
    Section 40(7)(d) was amended by paragraph 295(4) of Schedule 16 to the PRSR Act.
  171. 64
    Section 42(7) was amended by paragraph 296 of Schedule 16 to the PRSR Act.
  172. 65
    2003 c. 26.
  173. 66
    2003 c. 20. Paragraph 7(2)(c) of Schedule 4 was inserted by paragraph 328 of Schedule 16 to the PRSR Act.
  174. 67
    2007 c. 28. Section 15(1)(a) was amended by paragraph 14(2)(a) of Schedule 10 to the PRSR Act.
  175. 68
    Schedule 5B was inserted by Schedule 1 to the Cities and Local Government Devolution Act 2016 (c. 1).
  176. 69
    There are amendments to section 5 not relevant to this instrument.
  177. 70
    Section 7 was amended by paragraph 97 of Schedule 11 to the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).
  178. 71
    Section 18 was amended by paragraph 53 of Schedule 7 to the Localism Act 2011 (c. 20), paragraph 116 of Schedule 12 to the Local Audit and Accountability Act 2014 (c. 2), and section 23(2) of the 2017 Act.
  179. 72
    2009 c. 20. Section 107C was inserted by section 3 of the Cities and Local Government Devolution Act 2016 (c. 1).
  180. 73
    Section 28 was amended by paragraph 89 of Schedule 1 to the 2017 Act.
  181. 74
    Subsections (3A) and (4A) were inserted by S.I. 2017/470.
  182. 75
    S.I. 2016/800, amended by S.I. 2017/432, and by article 3 of this Order.
  183. 76
    S.I. 2017/69.
  184. 77
    Section 65 was amended by paragraph 184 of Schedule 8 to the Crime and Courts Act 2013 (c. 22), section 122(1) of and paragraph 73(2) of Schedule 9 to, the 2017 Act and by S.I. 2021/1265.
  185. 78
    Section 70 was amended by S.I. 2021/1265.
  186. 79
    Paragraph 8 of Schedule 1 was amended by section 121 of the 2017 Act.
  187. 80
    Schedule 6 was amended by paragraph 92 of Schedule 1 to the 2017 Act.
  188. 81
    Schedule 7 was amended by paragraph 73 of Schedule 9 to the 2017 Act. There are other amendments to Schedule 7 not relevant to this instrument.
  189. 82
    There are amendments to Schedule 8 not relevant to this instrument.
  190. 83
    2014 c. 2. Paragraph 2(4) to (7) of Schedule 4 was substituted by S.I. 2014/2845.
  191. 84
    S.I. 1972/1217. Regulation 7(3) was amended by S.I. 2011/3058. There are other amending instruments not relevant to this instrument.
  192. 85
    S.I. 1990/200, amended by S.I. 2012/2900. There are other amending instruments not relevant to this instrument.
  193. 86
    S.I. 1995/722. Regulation 4 was amended by S.I. 2000/1549 and 2011/3058.
  194. 87
    S.I. 1997/1908. Regulation 6 was amended by S.I. 2002/2313 and 2013/2318. Regulation 7 was amended by paragraph 320 of the Sentencing Act 2020 (c. 17).
  195. 88
    S.I. 1998/494. Regulation 4(3)(d) was amended by S.I. 2011/3058. There are other amendments to regulation 4 not relevant to this instrument.
  196. 89
    S.I. 1999/2864, amended by S.I. 2011/3058. There are other amending instruments not relevant to this instrument.
  197. 90
    S.I. 1999/2277. Paragraph 2 of Section 6 of Schedule 1 was substituted by S.I. 2012/2733.
  198. 91
    S.I. 2001/3343. Regulation 3(2) was amended by S.I. 2011/3058.
  199. 92
    S.I. 2001/2645. Regulation 2 was amended by S.I. 2012/61.
  200. 93
    S.I. 2003/527. Regulation 7 was substituted by S.I. 2012/1960. Regulation 24(1) was amended by S.I. 2011/3026.
  201. 94
    S.I. 2007/1120. The definition of “police identification” was amended by S.I. 2012/61.
  202. 95
    S.I. 2008/2852. Paragraph 5(c) of Part 3 of Schedule 3 was amended by S.I. 2011/3058.
  203. 96
    S.I. 2011/ 3050.
  204. 97
    Paragraph 3 of the Schedule was amended by S.I. 2012/2479 and 2013/1816.
  205. 98
    Paragraph 4 of the Schedule was amended by S.I. 2012/2479.
  206. 99
    S.I. 2012/62, to which there are amendments not relevant to this instrument.
  207. 100
    1989 c. 42.
  208. 101
    2011 c. 20.
  209. 102
    S.I. 2012/2630, subject to modification and saving by S.I. 2020/1.
  210. 103
    S.I. 2012/2087.
  211. 104
    S.I. 2012/2271.
  212. 105
    S.I. 2013/2356. There are amendments not relevant to this instrument.
  213. 106
    S.I. 2014/1710.
  214. 107
    S.I. 2017/69.
  215. 108
    S.I. 2020/1.
  216. 109
    S.I. 2023/649.
  217. 110
    1967 c. 88. Section 28(5)(a) was amended by paragraph 85 of Schedule 16 to the PRSR Act. There are other amendments to section 28 not relevant to this instrument.
  218. 111
    1972 c. 70. Section 102(6) to (11) and paragraph 6ZA were inserted by section 7 of the 2017 Act. Section 102(9) was amended by section 74 of the Levelling-up and Regeneration Act 2023. Section 223 was amended by paragraph 21 of Schedule 14 to the Local Government Act 1985 (c. 51), part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40), paragraph 12 of Schedule 4 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraph 17(a) of Schedule 22 and Schedule 24 to the Environment Act 1995 (c. 25), paragraph 28 of Schedule 21 to the Legal Services Act 2007 (c. 29), paragraph 24 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, paragraph 109 of Schedule 16 to the PRSR Act, paragraph 6(7)(k) of Schedule 13 to the Deregulation Act 2015 (c. 20), paragraph 27 of Schedule 1 to the 2017 Act, and by S.I. 2001/3719 and 2022/372.
  219. 112
    1976 c. 80. Section 5(3)(baa) was inserted by paragraph 52 of Schedule 4 to the Police and Magistrates’ Court Act 1994 and amended by paragraph 134 of Schedule 16 to the PRSR Act.
  220. 113
    1977 c. 42. Section 14(1)(caa) was inserted by paragraph 53 of Schedule 4 to the Police and Magistrates’ Court Act 1994 and amended by paragraph 135 of Schedule 16 to the PRSR Act.
  221. 114
    1980 c. 65. Section 96A was inserted, and section 97 substituted, by paragraphs 2 and 3 of Schedule 5 to the Local Government Act 1988 (c. 9). Section 98 was amended by paragraphs 4(2) and (3) of the Local Government Act 1988, section 176(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), and by S.I. 2009/1941.
  222. 115
    1982 c. 30. Section 33 was amended by paragraph 6 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), paragraph 56(2)(a) of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, paragraph 156 of Schedule 16 to the PRSR Act, paragraphs 6(1) and 16(a) of Schedule 13 to the Deregulation Act 2015, and paragraph 66 of Schedule 2 to the 2017 Act. There are other amendments to section 33 not relevant to this instrument.
  223. 116
    1983 c. 2. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6) and amended by paragraph 4 of Schedule 2 to the Recall of MPs Act 2015 (c. 25) and by S.I. 2018/1310. Section 13B was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by section 11 of the Electoral Administration Act 2006 (c. 22), section 6(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), paragraph 3 of Schedule 10 to the PRSR Act, paragraph 13 of Schedule 4 to the Electoral Registration and Administration Act 2013, and paragraph 5 of Schedule 2 to the Recall of MPs Act 2015, and by S.I. 2018/1310.
  224. 117
    1984 c. 28. Section 60 was amended by paragraph 58 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, and paragraph 159 of Schedule 16 to the PRSR Act. There are other amendments not relevant to this instrument.
  225. 118
    1985 c. 68. There are amendments not relevant to this instrument.
  226. 119
    1985 c. 70. The definition of “local authority” in section 38 was amended by paragraph 70 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, and paragraph 75 of Schedule 2 to the 2017 Act. There are other amendments not relevant to this instrument.
  227. 120
    1986 c. 10.
  228. 121
    1987 c. 31. Section 58(1)(a) was amended by paragraph 72 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, and paragraph 176 of Schedule 16 to the PRSR Act. There are other amendments not relevant to this instrument.
  229. 122
    1988 c. 41. Section 111 was amended by paragraph 186 of Schedule 16 to the PRSR Act. Section 114(4)(b) was substituted by paragraph 118 of Schedule 16 to the PRSR Act. Section 114A was inserted by S.I. 2001/2237. There are other amendments not relevant to this instrument.
  230. 123
    1988 c. 50. Paragraph 12(2)(g) was substituted by paragraph 178 of Schedule 16 to the PRSR Act.
  231. 124
    1992 c. 14. Section 39 was amended by section 26(2) of the PRSR Act. There are other amendments not relevant to this instrument.
  232. 125
    1994 c. 23. Section 33 was amended by paragraph 217 of Schedule 16 to the PRSR Act.
  233. 126
    1996 c. 16. Section 94 was amended by section 25(7) to (11) of the PRSR Act.
  234. 127
    2000 c. 36. Paragraph 57 of Schedule 1 was substituted by paragraph 249 of Schedule 16 to the PRSR Act.
  235. 128
    2003 c. 26.
  236. 129
    2004 c. 21. Section 3(6) to (9) were inserted by section 7(12) of the 2017 Act. Section 4A was inserted by paragraph 5 of Schedule 1 to that Act. Schedules A1 and A2 were inserted by paragraph 13 of Schedule 1 to that Act.
  237. 130
    Section 1 was amended by section 183 of the 2017 Act.
  238. 131
    2014 c. 2.
  239. 132
    2017 c. 3.
  240. 133
    S.I. 2012/1918, amended by S.I. 2016/300 and 2022/263.
  241. 134
    S.I. 2012/2088, amended by S.I. 2015/1526, 2016/488, 2021/179, and 2021/1265.
  242. 135
    S.I. 2012/2553.
  243. 136
    S.I. 2015/665.
  244. 137
    S.I. 2015/1376.
  245. 138
    S.I. 2015/1526.
  246. 139
    S.I. 2020/134, amended by S.I. 2021/258 and 2022/1079.
  247. 140
    S.I. 2020/136, amended by S.I. 2021/259 and 2022/1079.
  248. 141
    S.I. 2021/390, amended by S.I. 2022/1079.