The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017

Article 3(3)

SCHEDULE 2 Exclusion of legislation from application to the combined authority mayor with policing and crime functions

Primary Legislation

1.  Section 28 of the Leasehold Reform Act 1967(1).

2.  The following provisions of the Local Government Act 1972(2)—

(a) section 102(6) to (11);

(b) section 223(2);

(c) paragraph 6ZA of Part 1 of Schedule 12.

3.  Section 5(3)(baa) of the Rent (Agriculture) Act 1976(3).

4.  Section 14(1)(caa) of the Rent Act 1977(4).

5.  Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980(5).

6.  Sections 33 and 41 of the Local Government (Miscellaneous Provisions) Act 1982(6).

7.  Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983(7).

8.  Section 60 of the County Courts Act 1984(8).

9.  Sections 80(1), 157(1), 171(2), 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4 and paragraph 5(1)(b) of Schedule 5 to the Housing Act 1985(9).

10.  Section 38 of the Landlord and Tenant Act 1985(10).

11.  Section 7 of the Local Government Act 1986(11).

12.  Section 58 of the Landlord and Tenant Act 1987(12).

13.  Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988(13).

14.  Sections 111, 113, 114 and 114A Local Government Finance Act 1988(14).

15.  Section 39 of the Local Government Finance Act 1992(15).

16.  Section 33 of the Value Added Tax Act 1994(16).

17.  Section 94 of the Police Act 1996(17).

18.  Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000(18).

19.  Sections 21 and 22 of the Local Government Act 2003(19).

20.  The following provisions of the Fire and Rescue Services Act 2004(20)—

(a) section 3(7) and (9);

(b) section 4A;

(c) Schedules A1 and A2.

21.  The following provisions of the 2011 Act—

(a) section 1, subsections (1) to (4)(21);

(b) sections 50 to 61(22);

(c) section 69;

(d) sections 71 to 75;

(e) section 102(3);

(f) Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2) and (4), and 7;

(g) Schedule 6, paragraphs 33 to 35;

(h) Schedules 9 and 10.

22.  Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014(23).

23.  Sections 5(7)(a) and (9)(a) of, and paragraph 92 of Schedule 1 to, the Policing and Crime Act 2017(24).

Secondary Legislation

24.  The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012(25).

25.  Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012(26).

26.  Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012(27).

27.  Police and Crime Commissioner (Elections) Order 2012(28).

28.  The following provisions of Schedule 2 to the Local Government Pension Scheme Regulations 2013(29)—

(a) Part 1, Paragraph 6;

(b) and Part 4.

29.  Article 7 of the Chancellor of the Duchy of Lancaster Order 2015(30).

30.  Police and Crime Commissioner (Elections) Order 2015(31).

31.  Transfer of Functions (Police and Crime Commissioner Elections) Order 2015(32).

32.  Police and Crime Commissioner (Designation of Police Area Returning Officers) Order 2015(33).

33.  Police and Crime Commissioner (Designation of Local Authorities) Order 2015(34).

34.  Police and Crime Commissioner (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2016(35).

35.  The Police and Crime Commissioner Elections (Amendment) Order 2016(36).

36.  Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment) Regulations 2016(37).

(1)

1967 c. 88. Section 28(5)(a) was amended by section 99 of, and paragraph 85 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13). There are other amending Acts but none is relevant.

(2)

1972 c. 70. Section 102(6) to (11) and paragraphs 6ZA and the quoted words in paragraph 6B of Schedule 12 were inserted by section 7 of the Policing and Crime Act 2017 (c. 3). Section 223 was amended by paragraph 24 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 and by section 99 of, and paragraph 109 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011. There are other amending Acts but none is relevant.

(3)

1976 c. 80. Section 5(3)(baa) was inserted by section 43 of, and paragraph 52 of Schedule 4 to, the Police and Magistrates’ Courts Act 1994 (c. 29), and was amended by section 99 of, and paragraph 134 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

(4)

1977 c. 42. Section 14(1)(caa) was inserted by section 43 of, and paragraph 53 of Schedule 4 to, the Police and Magistrates’ Courts Act 1994, and was amended by section 99 of, and paragraph 135 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

(5)

1980 c. 65.

(6)

1982 c. 30. Section 33 was amended by paragraph 6 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34); section 119 of and paragraph 56(2)(a) of Schedule 6, to the Local Democracy, Economic Development and Construction Act 2009; and section 99 of, and paragraph 156 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 59 of, and paragraphs 6(1) and 16(a) of Schedule 13 to the Deregulation Act 2015 (c. 20). There are other amendments to section 33, but none is relevant.

(7)

1983 c. 2. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6). Section 13B was substituted by section 8 of, and paragraph 6 of Schedule 1 to, the Representation of the People Act 2000 and amended by section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011. There are other amendments but none is relevant.

(8)

1984 c. 28.

(9)

1985 c. 68.

(10)

1985 c. 70.

(11)

1986 c. 10.

(12)

1987 c. 31.

(13)

1988 c. 50.

(14)

1988 c. 41.

(15)

1992 c. 14.

(16)

1994 c. 23.

(17)

1996 c. 16.

(18)

2000 c. 36.

(19)

2003 c. 26.

(20)

2004 c. 21.

(21)

2011 c. 13. Section 1, to which there are amendments not relevant to this Order.

(22)

Section 42 was amended by section 140(5) and (6) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(23)

2014 c. 2.

(24)

2017 c. 3.

(25)

S.I. 2012/2553.

(26)

S.I. 2012/1918.

(27)

S.I. 2012/2088.

(28)

S.I. 2012/1917.

(29)

S.I. 2013/2356.

(30)

S.I. 2015/1376.

(31)

S.I. 2015/665.

(32)

S.I. 2015/1526.

(33)

S.I. 2015/2031.

(34)

S.I. 2015/2028.

(35)

S.I. 2016/514.

(36)

S.I. 2016/300.

(37)

S.I. 2016/488.