Part I Prevention of crime and disorder

Chapter I England and Wales

Crime and disorder strategies

I1C1C25 Authorities responsible for strategies.

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.

F3c

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.

F121A

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 F13by 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 F14, 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—

F6b

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

F7; 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 F8and, 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.

F95

In this section—

  • F10fire and rescue authority” means—

    1. a

      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;

    2. b

      a metropolitan county fire and civil defence authority; or

    3. c

      the London Fire and Emergency Planning Authority; and

  • police authority” means—

    1. a

      any police authority established under section 3 of the Police Act 1996 (c. 16); or

    2. b

      the Metropolitan Police Authority.

F116

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.