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Local Democracy, Economic Development and Construction Act 2009

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[F1107FFunctions of mayors: policingE+W+S+N.I.

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(1)The Secretary of State may by order provide for the mayor for the area of a combined authority to exercise functions of a police and crime commissioner in relation to that area.

(2)The reference in subsection (1) to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under—

(a)Part 1 of the Police Reform and Social Responsibility Act 2011, or

(b)any other Act (whenever passed).

(3)In this Part references to “PCC functions”, in relation to a mayor for the area of a combined authority, are to the functions of a police and crime commissioner that are exercisable by the mayor by virtue of subsection (1).

(4)An order under subsection (1) may be made only with the consent of—

(a)the appropriate authorities (as defined by section 107B(5)), and

(b)in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.

(5)If an order is made under subsection (1) in relation to a combined authority's area—

(a)the Secretary of State must by order provide that there is to be no police and crime commissioner for that area as from a specified date;

(b)the Secretary of State may by order provide that any election of a police and crime commissioner for that area that would otherwise take place (whether before or after the specified date) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.

(6)An order under subsection (5) may include provision—

(a)for the term of office of a police and crime commissioner to continue until the date specified under subsection (5) (a) (in spite of section 50(7)(b) of the Police Reform and Social Responsibility Act 2011);

(b)for an election to fill a vacancy in the office of a police and crime commissioner, which otherwise would take place under section 51 of that Act, not to take place if the vacancy occurs within a period of six months ending with the specified date.

(7)Schedule 5C contains further provision in connection with orders under this section.

(8)Any PCC function exercisable by the mayor for the area of a combined authority by virtue of this Act is to be taken to be a function of the combined authority exercisable—

(a)by the mayor acting individually, or

(b)by a person acting under arrangements with the mayor made in accordance with provision made under Schedule 5C.

(9)Where an order under subsection (1) is contained in the same instrument as an order made by virtue of section 107B(3)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (4) above.]

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Amendments (Textual)

F1Ss. 107D-107F 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), ss. 4(1), 25(2)

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