Police Reform and Social Responsibility Act 2011

54 Returning officers etc E+W

(1) The returning officer for an election of a police and crime commissioner for a police area (“the police area returning officer”) is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the Representation of the People Act 1983 (acting returning officer for parliamentary election) for a constituency falling wholly or partly within the police area, and

(b) is designated for the purposes of this subsection by order of the Secretary of State [F1 or the [F2 Minister for the Cabinet Office]].

(2) The Secretary of State [F3 or the [F4 Minister for the Cabinet Office]] may by regulations confer functions—

(a) on police area returning officers, and

(b) on local returning officers.

(3) Regulations under subsection (2) may apply or incorporate, with or without modifications or exceptions, any relevant provision.

(4) Each relevant local authority must place the services of its officers at the disposal of any person on whom functions are conferred under subsection (2) in relation to the police area for the purpose of assisting that person in the discharge of those functions.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for a county in which there are no district councils,

  (c)

  the Council of the Isles of Scilly,

  (d)

  a county council or county borough council in Wales;

• “local election” means an election of members of a local authority;

• “local returning officer” means a person who, by virtue of section 35 of the Representation of the People Act 1983, is a returning officer for any local elections;

• “relevant local authority”, in relation to a police area, means a local authority whose area falls wholly or partly within the police area;

• “relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—

  (a)

  the Representation of the People Acts,

  (b)

  the Local Government Act 1972,

  (c)

  the Local Government Act 2000,

  (d)

  the Political Parties, Elections and Referendums Act 2000,

  (e)

  the European Parliamentary Elections Act 2002,

  (f)

  the Government of Wales Act 2006, and

  (g)

  any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections.

Textual Amendments

F1 Words in s. 54(1)(b) inserted (with effect in accordance with art. 15(3) of the amending S.I.) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 15(2) (with art. 9)

F2 Words in s. 54(1)(b) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(b) (with art. 12)

F3 Words in s. 54(2) inserted (with effect in accordance with art. 15(3) of the amending S.I.) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 15(2) (with art. 9)

F4 Words in s. 54(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(b) (with art. 12)

Modifications etc. (not altering text)

C1 Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

C2 S. 54(1)(b)(2) functions exercisable concurrently (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 7 (with art. 9)

C3 S. 54(2) functions exercisable concurrently (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 7 (with art. 9)

Commencement Information

I1 S. 54 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)