(1)Subject to the provisions of this section, the functions conferred by [F1or under] section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—
(a)the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; [F2and]
(b)every chief officer of police any part of whose police area lies within the area.
[F3(c)every police authority any part of whose police area so lies;
(d)every [F4fire and rescue authority] any part of whose area so lies;
(e)if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and
(f)if the local government area is in Wales, every [F5Local Health Board] the whole or any part of whose area so lies.]
[F6(1A)The Secretary of State may by order provide in relation to any two or more local government areas in England—
(a)that the functions conferred [F7by or under section 6 or by section 7] below are to be carried out in relation to those areas taken together as if they constituted only one area; and
(b)that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.
(1B)The Secretary of State shall not make an order under subsection (1A) above unless—
(a)an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and
(b)he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs [F8, alcohol and other substances], to make the order.]
(2)In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely—
[F9(b)every local probation board any part of whose area lies within the area;]
(c)every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection
[F10; and
(d)where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]
and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.
(3)The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection [F11and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.]
(4)In this section and sections 6 and 7 below “local government area” means—
(a)in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
(b)in relation to Wales, each county or county borough.
[F12(5)In this section—
[F13“fire and rescue authority” means—
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a metropolitan county fire and civil defence authority; or
the London Fire and Emergency Planning Authority;] and
“police authority” means—
any police authority established under section 3 of the Police Act 1996 (c. 16); or
the Metropolitan Police Authority.]
[F14(6)The appropriate national authority may by order amend this section by—
(a)adding an entry for any person or body to the list of authorities in subsection (1),
(b)altering or repealing an entry for the time being included in the list, or
(c)adding, altering or repealing provisions for the interpretation of entries in the list.
(7)In this section the “appropriate national authority”, in relation to a person or body, means—
(a)the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;
(b)the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and
(c)the Secretary of State, if none of the functions of the person or body are devolved Welsh functions.
(8)In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.]
Textual Amendments
F1Words in s. 5(1) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)
F2Word at the end of s. 5(1) repealed (30.4.2004 for E. and otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2004/913, art. 3
F3S. 5(1)(c)-(f) inserted (1.4.2003 for W., 1.4.2003 for E. in relation to s. 5(1)(c)(d), and 30.4.2004 for E. otherwise) by Police Reform Act 2002 (c. 30), ss. 97(2), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j); S.I. 2004/913, art. 3(a)
F4Words in s. 5(1)(d) substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(a); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2
F5Words in s. 5(1)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(a)
F6S. 5(1A)(1B) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(3), 108(2)(4); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
F7Words in s. 5(1A)(a) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)
F8Words in s. 5(1B)(b) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)
F9S. 5(2)(b) substituted for s. 5(2)(a)(b) (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
F10S. 5(2)(d) and preceding word inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2
F11Words in s. 5(3) inserted (1.4.2003 for W. and 23.2.2004 for E.) by Police Reform Act 2002 (c. 30), ss. 97(5), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/119, art. 2
F12S. 5(5) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 97(6), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j)
F13S. 5(5): definition of "fire authority" substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(b); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2
F14S. 5(6)-(8) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(5); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)
Modifications etc. (not altering text)
C1S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3
C2S. 5(1) modified (1.4.2003 for W. and 30.4.2004 for E.) by Police Reform Act 2002 (c. 30), ss. {s. 97(15)}, 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/913, art. 3(a)
Commencement Information
I1S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
Valid from 16/01/2012
(1)A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.
(2)The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—
(a)reducing crime and disorder;
(b)reducing re-offending;
(c)combating the misuse of drugs, alcohol and other substances.
(3)Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.
(4)The combination agreement must include arrangements for securing effective and efficient co-operation—
(a)between each of the relevant local policing bodies in relation to the combined area, and
(b)between the responsible authorities for the area and those relevant local policing bodies.
(5)The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).
(6)The Secretary of State may enter into the agreement only if the Secretary of State—
(a)considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and
(b)is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.
(7)A combination agreement—
(a)must be in writing, and
(b)may be varied by a further combination agreement.
(8)A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.
(9)In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.]
Textual Amendments
F15S. 5A inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 3; S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))
(1)The responsible authorities for a local government area shall, in accordance with section 5 and with regulations made under subsection (2), formulate and implement—
(a)a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and
(b)a strategy for combatting the misuse of drugs, alcohol and other substances in the area.
(2)The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section.
(3)Regulations under subsection (2) may in particular make provision for or in connection with—
(a)the time by which a strategy must be prepared and the period to which it is to relate;
(b)the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation);
(c)the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy;
(d)matters to which regard must be had in formulating and implementing a strategy;
(e)objectives to be addressed in a strategy and performance targets in respect of those objectives;
(f)the sharing of information between responsible authorities;
(g)the publication and dissemination of a strategy;
(h)the preparation of reports on the implementation of a strategy.
(4)The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities.
(5)The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy.
(6)Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)—
(a)the reduction of crime or disorder of a particular description; or
(b)the combatting of a particular description of misuse of drugs, alcohol or other substances.
(7)Regulations under this section may make—
(a)different provision for different local government areas;
(b)supplementary or incidental provision.
(8)For the purposes of this section any reference to the implementation of a strategy includes—
(a)keeping it under review for the purposes of monitoring its effectiveness; and
(b)making any changes to it that appear necessary or expedient.
(9)In this section the “appropriate national authority” is—
(a)the Secretary of State, in relation to strategies for areas in England;
(b)the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales;
(c)the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder in areas in Wales.]
Textual Amendments
F16S. 6 substituted for ss. 6, 6A (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 3; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)
(1)The Secretary of State may, by order, require—
(a)the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of—
(i)crime of a description specified in the order; or
(ii)disorder of a description so specified.
(b)the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.
(2)After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—
(a)a copy of the strategy, and
(b)a copy of the document which they propose to publish under section 6(5),
to the Secretary of State.
(3)It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.
(4)If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.
(5)In subsections (2) to (4)—
(a)references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and
(b)accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.
(6)In this section—
“responsible authorities” and “local government area” have same meanings as in sections 5 and 6;
“section 6 strategy” means a strategy required to be formulated under section 6(1); and
“substance misuse” has the same meaning as in section 6.]
Textual Amendments
F17S. 6A inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 98, 108(2)(4); S.I. 2002/2306, art. 3(b); S.I. 2003/525, art. 2
(1)The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.
(2)A requirement under subsection (1) above may specify the form in which a report is to be given.
(3)The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.