Explanatory Notes

Police and Justice Act 2006

2006 CHAPTER 48

8 November 2006

The Act

Commentary on Sections

Part 1: Police Reform
Section 3: Delegation of police authority functions

121.Part 6 of the Local Government Act 1972 enables a police authority to provide for its functions to be discharged by a committee, a sub-committee or an officer of the authority. However, a police authority may not arrange for its functions to be discharged by a committee or officer in respect of only part of its area.

122.Section 3 confers additional flexibility on police authorities to delegate their functions, in particular, by providing for a power to delegate to an area committee or to an individual member of the authority. By virtue of section 101(6) of the Local Government Act 1972 police authorities will be barred from delegating their precepting function in this manner. The section also enables such area committees to include people other than members of the police authority on them.

123.The provision also enables the Secretary of State to impose limitations on the kinds of functions that police authorities can delegate by area, on the make-up of area committees, and in respect of the officers and members of authorities to whom delegation can be made.