Part 6

Miscellaneous

Bodies with functions in relation to the police

Crime and disorder reduction partnerships
97
1
The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.
2
In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—
c
every police authority any part of whose police area so lies;
d
every fire 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 health authority the whole or any part of whose area so lies.
3
After subsection (1) of that section there shall be inserted—
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 by sections 6 to 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, to make the order.
4
In subsection (2) of that section (consultation)—
a
for paragraphs (a) and (b) there shall be substituted—
b
every local probation board any part of whose area lies within the area;
b
at the end of paragraph (c) there shall be inserted
; 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;
.
5
In subsection (3) of that section, at the end there shall be inserted “and, 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.”
6
After subsection (4) of that section, there shall be inserted—
5
In this section—
- “fire authority” means—
  1. any fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41);
  2. any metropolitan county fire and civil defence authority; or
  3. the London Fire and Emergency Planning Authority; and
- “police authority” means—
  1. any police authority established under section 3 of the Police Act 1996 (c. 16); or
  2. the Metropolitan Police Authority.
7
In subsection (1) of section 6 (formulation and implementation of strategies), for the words from “a strategy” onwards there shall be substituted—
a
in the case of an area in England—
i
a strategy for the reduction of crime and disorder in the area; and
ii
a strategy for combatting the misuse of drugs in the area;
and
b
in the case of an area in Wales—
i
a strategy for the reduction of crime and disorder in the area; and
ii
a strategy for combatting substance misuse in the area.
8
After that subsection there shall be inserted—
1A
In determining what matters to include or not to include in their strategy for combatting substance misuse, the responsible authorities for an area in Wales shall have regard to any guidance issued for the purposes of this section by the National Assembly for Wales.
9
In subsection (2) of that section (steps to be taken before the formulation of a strategy), for paragraph (a) there shall be substituted—
a
carry out, taking due account of the knowledge and experience of persons in the area, a review—
i
in the case of an area in England, of the levels and patterns of crime and disorder in the area and of the level and patterns of the misuse of drugs in the area; and
ii
in the case of an area in Wales, of the levels and patterns of crime and disorder in the area and of the level and patterns of substance misuse in the area;
.
10
After subsection (6) of that section (duty to keep strategy under review) there shall be inserted—
6A
Within one month of the end of each reporting period, the responsible authorities shall submit a report on the implementation of their strategies during that period—
a
in the case of a report relating to the strategies for an area in England, to the Secretary of State; and
b
in the case of a report relating to the strategies for an area in Wales, to the Secretary of State and to the National Assembly for Wales.
11
In subsection (7) of that section (interpretation), after the definition of “relevant period” there shall be inserted—
“reporting period” means every period of one year which falls within a relevant period and which begins—
a
in the case of the first reporting period in the relevant period, with the day on which the relevant period begins; and
b
in any other case, with the day after the day on which the previous reporting period ends;
“substance misuse” includes the misuse of drugs or alcohol.
12
In section 17(2) (authorities to which duty to consider crime and disorder implications applies), after “London Fire and Emergency Planning Authority,” there shall be inserted “a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41),”.
13
In section 114—
a
in subsection (1) (powers of Ministers exercisable by statutory instrument), after “Minister of the Crown” there shall be inserted “or of the National Assembly for Wales”; and
b
in subsection (2) (orders subject to negative resolution procedure), for “5(2) or (3) or 10(6) above, or” there shall be substituted “5(1A), (2) or (3), 6A(1) or 10(6) above (other than one made by the National Assembly for Wales), or containing”.
14
In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—
a
in sub-paragraph (i), after “London borough council” there shall be inserted “, a parish council”; and
b
in sub-paragraph (ii), for “or a county borough council” there shall be substituted “, a county borough council or a community council”.
15
Section 5(1) (as amended by subsection (2) shall have effect in relation to a local government area in England at any time when that area or a part of it comprises or contains an area that is not included in the area of a Primary Care Trust, as if the reference to a Primary Care Trust the whole or part of whose area lies within the local government area included a reference to any health authority or strategic health authority whose area comprises or includes the area for which there is no Primary Care Trust.