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The Police and Crime Commissioner Elections (Amendment) Order 2016

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Statutory Instruments

2016 No. 300

Police, England And Wales

The Police and Crime Commissioner Elections (Amendment) Order 2016

Made

3rd March 2016

Coming into force in accordance with article 1(2)

In accordance with section 7(1) and (2)(hb) and (hc) of the Political Parties, Elections and Referendums Act 2000(1), the Chancellor of the Duchy of Lancaster has consulted the Electoral Commission before making this Order.

And, in accordance with section 154(2)(a) and (b) of the Police Reform and Social Responsibility Act 2011 (“2011 Act”)(2), a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Accordingly, the Chancellor of the Duchy of Lancaster, in exercise of the powers conferred by sections 54(2)(3), 58 (as extended by section 26(3) of the Welsh Language Act 1993(4)) and 154(5) of the 2011 Act(5) makes the following Order:

(1)

2000 c. 41; paragraphs (hb) and (hc) of subsection (2) were inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13).

(3)

By virtue of section 105 of the Deregulation Act 2015 (c. 20), the power to make regulations can be exercised by order (and vice-versa). Section 54(2) was amended by S.I. 2015/1376 (whereby functions of the Secretary of State were transferred so as to be exercised concurrently with the Chancellor of the Duchy of Lancaster).

(5)

Functions originally conferred on the Secretary of State by sections 58 and 154 were transferred to enable them to be exercised concurrently with the Lord President of the Council by S.I. 2014/268. By virtue of S.I. 2015/1376 those functions exercisable by the Lord President of the Council concurrently with the Secretary of State in section 58(1) and section 154(1) and (5) ceased to be exercisable by the Lord President of the Council and became exercisable (concurrently with the Secretary of State) by the Chancellor of the Duchy of Lancaster. The functions in section 58(5)(a), (b) and (d) conferred on the Secretary of State may now also, by virtue of S.I. 2015/1526, be exercisable concurrently with the Chancellor of the Duchy of Lancaster so far as they relate to an election of a police and crime commissioner the date of the poll for which is on or after 1st May 2016.

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