Power to issue precept: supplementary provision in respect of PCC functions
4.—(1) This article applies where a mayor exercises PCC functions.
(2) The following provisions are modified in accordance with the Schedule to this Order—
(a)chapter 4 and 4ZA of Part 1 of the 1992 Act (precepts and referendums relating to council tax increases)(1);
(b)the Council Tax (Demand Notices) (England) Regulations 2011(2);
(c)the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(3).
(3) Any monies paid to the mayor by a billing authority in respect of the PCC component of a precept(4) issued to the billing authority must be paid by the mayor into the police fund kept by the mayor by virtue of section 21 of the Police Reform and Social Responsibility Act 2011(5).
(4) In paragraph (3) “PCC component of a precept” means the amounts stated in a precept in respect of the mayor’s PCC functions in accordance with section 40 of the 1992 Act as modified by the Schedule to this Order.
Sections 42A and 42B and Part 4ZA were inserted by sections 72 and 75 of, and Schedule 5 to, the Localism Act 2011. Consequential amendments were made to sections 40, 47, 48 and 49 by Schedule 7 to the Localism Act 2011.
S.I. 2011/3038 amended by S.I. 2016/188 and 2017/13.
S.I. 2012/444 amended by S.I. 2013/409.
See section 40 of the Local Government Finance Act 1992 (c. 14) as modified by the Schedule to this Order for provisions on the PCC component of the precept.
2011 c. 13. For modification of section 21 in respect of the mayor for the area of the Greater Manchester Combined Authority see S.I. 2017/470.