Part 5E+WCo-operation of English authorities with local partners, etc

Modifications etc. (not altering text)

Chapter 2E+WOverview and scrutiny committees

126Reference of local crime and disorder matters to crime and disorder committees etcE+W

(1)The Police and Justice Act 2006 (c. 48) is amended as follows.

(2)In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—

“(3)A local authority must—

(a)ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and

(b)make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.

(4)For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.

(5)Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).

(6)In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.

(7)If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—

(a)provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and

(b)provide a copy of the report or recommendations to such of—

(i)the responsible authorities, and

(ii)the co-operating persons and bodies,

as it thinks appropriate.

(8A)Subsection (8B) applies where the crime and disorder committee of a local authority—

(a)makes a report or recommendations to the authority by virtue of subsection (3)(a), or

(b)provides a copy of a report or recommendations under subsection (2) or (8)(b).

(8B)Where this subsection applies—

(a)the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and

(b)the authority, body or person must—

(i)consider the report or recommendations;

(ii)respond to the committee indicating what (if any) action it proposes to take;

(iii)have regard to the report or recommendations in exercising its functions.”

(3)In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.

(4)In subsection (11)—

(a)after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and

(b)for the definition of “local crime and disorder matter” substitute— “local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning—

(a)crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or

(b)the misuse of drugs, alcohol and other substances,

which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area. ”

(5)Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.

(6)In subsections (1) and (2), after “under” insert “ or by virtue of ”.

(7)In subsection (5), omit—

(a)paragraph (f); and

(b)sub-paragraphs (i) to (iii) of paragraph (g).

Commencement Information

I2S. 126 in force at 1.10.2009 for W. by S.I. 2009/2539, art. 2(a)