Local Democracy, Economic Development and Construction Act 2009

[F1Delegation of functionsE+W

Textual Amendments

F1Sch. 5C inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2

3(1)The Secretary of State must by order make provision authorising the mayor—E+W

(a)to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and

(b)to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.

(2)An order under this paragraph must include provision authorising the mayor to arrange for any other person to exercise any PCC functions of the mayor.

(3)An order under this paragraph must include provision preventing the mayor from appointing as deputy mayor for policing and crime—

(a)the person who is appointed as deputy mayor under section 107C;

(b)a person listed in subsection (6) of section 18 of the 2011 Act;

(c)any other person of a description specified in the order.

(4)An order under this paragraph must include provision preventing the mayor from arranging for the deputy mayor for policing and crime to exercise—

(a)a PCC function of the mayor of a kind listed in subsection (7)(a), (e) or (f) of section 18 of the 2011 Act, or

(b)any other PCC function specified or described in the order.

(5)An order under this paragraph must include provision preventing the mayor from arranging, by virtue of provision under sub-paragraph (2), for a person to exercise—

(a)any function if the person is listed in subsection (6) of section 18 of the 2011 Act;

(b)a function listed in subsection (7) of that section;

(c)any other PCC function specified or described in the order.

(6)An order under this paragraph must include provision authorising the deputy mayor for policing and crime to arrange for any other person to exercise any PCC function of the mayor which is exercisable by the deputy mayor for policing and crime in accordance with provision made under this paragraph.

(7)An order under this paragraph must include provision preventing the deputy mayor for policing and crime from arranging for a person to exercise a function if—

(a)the person is listed in subsection (6) of section 18 of the 2011 Act, or

(b)the function is a PCC function of the mayor—

(i)of a kind listed in subsection (7)(b), (c) or (d) of that section, or

(ii)of any other kind specified or described in the order.]