2024 No. 414
The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024
Made
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by sections 107F(1), (5) and (6), 114, 115, 116 and 117(5) of, and by paragraph 3 of Schedule 5B and Schedule 5C to, the Local Democracy, Economic Development and Construction Act 20091.
In accordance with section 107F(4) of that Act2 the mayor of the Combined Authority has consented to the making of this Order.
In accordance with section 113(1) of that Act3, the Secretary of State considers that making this Order is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area, and is appropriate having regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities. The Secretary of State has carried out a public consultation in accordance with section 113(2) of that Act.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of that Act4.
PART 1General
Citation, commencement and extent1
1
This Order may be cited as the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024.
2
This Order comes into force on the day after the day on which it is made.
3
This Order extends to England and Wales.
Interpretation2
In this Order—
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“the PRSR Act” means the Police Reform and Social Responsibility Act 20115;
“the Area” means the area of the Combined Authority;
“the Combined Authority” means the South Yorkshire Mayoral Combined Authority6;
“the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area;
“the Mayor” means the mayor of the Combined Authority;
“PCC component” means the component of the precept under section 40 of the Local Government Finance Act 19927, as modified by the Combined Authorities (Finance) Order 20178, in respect of the Mayor’s PCC functions;
“PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 19929, as modified by the Combined Authorities (Finance) Order 2017, in respect of the Mayor’s PCC functions.
PART 2Date of election
Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 20163
1
Article 3 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 2016 (election of a mayor)10 is amended as follows.
2
In paragraph (3), at the beginning, for “Subsequent” substitute “Subject to paragraphs (5) and (6), subsequent”
.
3
After paragraph (4), insert—
5
The election for the return of a mayor for the area that otherwise would be held on the ordinary day of election in 2026 is to be held instead on the ordinary day of election in 2024; and the mayor’s term is reduced accordingly.
6
Subsequent elections for the return of the mayor for the area are to be held on the ordinary day of election in every fourth year after 2024.
PART 3Police and crime commissioner functions
Police and crime commissioner functions4
1
The Mayor is to exercise functions of a police and crime commissioner in relation to the Area.
2
There is to be no police and crime commissioner for the Area from 7th May 2024.
3
Any election of a police and crime commissioner for the Area that would otherwise take place (whether before, on or after 7th May 2024) by virtue of section 50(1)(b) of the PRSR Act (ordinary elections)11 is not to take place.
4
The term of office of the police and crime commissioner for South Yorkshire is to continue until 7th May 2024.
5
Any election to fill a vacancy in the office of police and crime commissioner for South Yorkshire which would otherwise take place under section 51 of the PRSR Act (election to fill vacancy in office of commissioner)12 is not to take place if the vacancy occurs within the period starting on the day on which this article comes into force and ending with 7th May 2024.
Transfer of police and crime commissioner functions5
1
2
In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 1 apply with the modifications set out in that Schedule.
3
Paragraph (1) does not apply to the enactments set out in Schedule 2.
Transfer of property, rights and liabilities6
1
All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the police and crime commissioner for South Yorkshire are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 7th May 2024.
2
In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor’s PCC functions on or after 7th May 2024—
a
all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;
b
all decisions relating to such property, rights and liabilities are to be made by the Mayor;
c
any receipts arising from such property, rights and liabilities, whether arising from their use, sale, disposal or otherwise, are to be paid into the police fund kept by the Mayor by virtue of section 21 of the PRSR Act (police fund).
3
All monies held in the police fund kept by the police and crime commissioner for South Yorkshire under section 21 of the PRSR Act immediately before 7th May 2024 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section, as applied in accordance with article 5.
4
Nothing in paragraph (2) prevents the Mayor from making arrangements under section 18 of the PRSR Act (delegation of functions by police and crime commissioners)15, as applied in accordance with article 5, in relation to the matters mentioned in paragraph (2).
Secondments7
In the case of a person who immediately before 7th May 2024 is seconded to the police and crime commissioner for South Yorkshire, the secondment is to have effect, after that time, as a secondment to the Combined Authority.
Continuity8
1
The abolition of the police and crime commissioner for South Yorkshire, the transfer or abolition of the commissioner’s functions and the transfer of the commissioner’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.
2
Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the police and crime commissioner for South Yorkshire to the Combined Authority.
3
There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
a
relates to any of the functions, property, rights or liabilities transferred, and
b
is in the process of being done by or in relation to the police and crime commissioner for South Yorkshire immediately before 7th May 2024.
4
Anything which—
a
was made or done by or in relation to the police and crime commissioner for South Yorkshire for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred, and
b
is in effect immediately before 7th May 2024,
has effect as if made or done by or in relation to the Combined Authority.
5
The Combined Authority is to be substituted for the police and crime commissioner for South Yorkshire in any instrument, contract or legal proceedings which—
a
relates to any of the functions, property, rights or liabilities transferred, and
b
is made or commenced before 7th May 2024.
6
In this article a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.
Foreign property etc, perfection of vesting9
1
Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights or liabilities: perfection of vesting)16 apply to the transfer by or under this Part of any foreign property, rights or liabilities.
2
In the application of those provisions by virtue of paragraph (1)—
a
references to a transfer or pension instrument have effect as references to the transfer by or under this Part, and
b
references to the transferor and transferee are to be construed accordingly.
Transfers: supplementary provision10
1
All property, rights and liabilities transferred by or under this Part are to be transferred, notwithstanding that they may be or include—
a
property, rights and liabilities that would not otherwise be capable of being transferred, or
b
rights and liabilities under enactments.
2
No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.
3
No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by or under this Part.
4
Paragraphs (1) to (3) have effect in relation to—
a
the grant or creation of an estate or interest in, or right over, any land or other property, or
b
the doing of any other thing in relation to land or other property,
as they have effect in relation to the transfer made by or under this Part of land or other property.
5
In paragraph (3), “relevant document” means—
a
any enactment, other than an enactment contained in the 2009 Act;
b
any subordinate legislation made otherwise than under that Act, or
c
any deed or other instrument.
Extension of financial year of Police and Crime Commissioner and Chief Constable for South Yorkshire11
1
The following requirements are modified in the case of the police and crime commissioner for South Yorkshire and the chief constable for the financial year which began on 1st April 2023.
2
The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts)17 to prepare a statement of accounts for each financial year ending with 31st March is modified so that the period ends with 6th May 2024.
3
The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (commencement of the period for the exercise of public rights)18 is modified so that the relevant responsible financial officer must ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of those Regulations (period for the exercise of public rights) begins on 23rd July 2024.
4
In this article—
“the chief constable” means the chief constable of the police force for South Yorkshire;
“the relevant responsible financial officer”19 means—
- a
in relation to the police and crime commissioner, the responsible financial officer for the Combined Authority, and
- b
in relation to the chief constable, the responsible financial officer for the police force for South Yorkshire.
- a
Modification to the Local Government Act 197212
1
Section 86 of the Local Government Act 1972 (declaration by local authority of vacancy in office in certain cases)20 applies in relation to the Mayor with the following modification.
2
After section 86(1)(c), insert—
or
d
ceases to be the Mayor by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011,
Consequential amendments13
In the Police and Crime Commissioner Elections Order 201221—
a
in article 34 (prohibition of candidate election expenses not authorised by election agent), in table 1 in paragraph (4), omit the entry for “South Yorkshire”;
b
in article 35 (limitation of candidate election expenses), in table 2 in paragraph (2), omit the entry for “South Yorkshire”.
Amendment of the York and North Yorkshire Combined Authority Order 202314
In the York and North Yorkshire Combined Authority Order 202322, in Schedule 5 (modifications of police and crime commissioner enactments in their application to the Mayor), in paragraph 25 (modification of the Police Reform and Social Responsibility Act 2011), for sub-paragraph (b), substitute—
b
for subsection (3), substitute—
3
For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.
SCHEDULE 1Modification of police and crime commissioner enactments in their application to the Mayor
PART 1Modifications of primary legislation
Police (Property) Act 18971
1
The Police (Property) Act 189723 is modified as follows.
2
In section 2(2A) (regulations with respect to unclaimed property in possession of police), for the last reference to “relevant body” substitute “Combined Authority”
.
Trustee Investments Act 19612
1
The Trustee Investments Act 196124 is modified as follows.
2
In paragraph 9 of Part 2 of the First Schedule (manner of investment), for “similar officer of the authority” substitute “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”
.
Pensions (Increase) Act 19713
1
The Pensions (Increase) Act 197125 is modified as follows.
2
In paragraph 51(aa) of Schedule 2 (official pensions: court and police staff), for “a police and crime commissioner” substitute “the police and crime commissioner for South Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”
.
Local Government (Miscellaneous Provisions) Act 19764
1
The Local Government (Miscellaneous Provisions) Act 197626 is modified as follows.
2
In section 29(1) (repayment of unclaimed compensation etc. paid into court)27, for “or transferred to the authority”, substitute “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”
.
3
In section 30(3)(a) (power to forgo repayment of advances of renumeration paid to deceased employees)28, for “maintained by a local authority”, substitute “maintained by the Mayor of the Combined Authority”
.
4
In section 44(1) (interpretation etc. of Part I)29, in paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “13, 14, 16, 29 and 38”
.
Local Government, Planning and Land Act 19805
1
The Local Government, Planning and Land Act 198030 is modified as follows.
2
In section 99 (directions to dispose of land – supplementary)—
a
after subsection (2), insert—
2A
Where a notice under subsection (1) is received by the Combined Authority which relates to land used wholly or partly in relation to the Mayor’s PCC functions, the Mayor is to make any representations under subsection (2) on behalf of the Combined Authority to the Secretary of State.
Dartford-Thurrock Crossing Act 19886
1
The Dartford-Thurrock Crossing Act 198833 is modified as follows.
2
In section 19(a)(i) (exemption from tolls), for “a local policing body” substitute “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”
.
Local Government Finance Act 19887
1
The Local Government Finance Act 198834 is modified as follows.
2
In section 114 (functions of responsible officer as regards reports)—
a
for subsection (4)(b)(i)35 substitute—
i
the Mayor exercising PCC functions, each member of the Combined Authority, including the Mayor, and each member of the police and crime panel for the Mayor’s area;
b
in subsection (8A)(b)36, for “relevant authority”, substitute “Mayor”
.
3
In section 115 (authority’s duties as regards reports)—
a
for subsection (1B)37 substitute—
1B
In the case of a report made by the chief finance officer of the Combined Authority in relation to the Mayor’s PCC functions, the Mayor must consider the report and decide whether the Mayor agrees or disagrees with the views contained in the report and what action (if any) the Mayor proposes to take in consequence of it.
b
in subsection (1E)—
i
for “the elected local policing body”, substitute “the Mayor”
;
ii
for “that body”, in each place it occurs, substitute “the Mayor”
;
c
in subsection (1F)(b), for “elected local policing body’s” substitute “Combined Authority’s”
;
d
in subsection (2)38, for “an elected local policing body” substitute “a Combined Authority in relation to a Mayor exercising PCC functions”
.
4
For section 116(2B) (information about consideration of reports etc.)39, substitute—
2B
In the case of the Mayor, the chief finance officer of the Combined Authority must notify the auditor of the Combined Authority of any decision taken by the Mayor in accordance with section 115.
Road Traffic Act 19888
1
The Road Traffic Act 198840 is modified as follows.
2
In section 144(2)(b) (exceptions from requirement of third-party insurance)—
a
for “a local policing body” substitute “the Combined Authority for use in relation to the Mayor’s PCC functions”
;
b
for “a police and crime commissioner’s staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” substitute “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Local Government and Housing Act 19899
1
The Local Government and Housing Act 198941 is modified as follows.
2
In section 1 (disqualification and political restriction of certain officers and staff)—
a
in subsection (9)42, for “an elected local policing body” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”
;
b
in subsection (10)43, for “an elected local policing body does not include a deputy police and crime commissioner” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”
.
3
In section 4 (designations and reports of head of paid service)—
a
omit subsections (1) and (1A)44;
b
for subsection (4)45, substitute—
4
It shall be the duty of the head of the Combined Authority’s paid service, as soon as practicable after he has prepared a report relating to the Mayor’s PCC functions under this section, to arrange for a copy of it to be sent to the members of the Combined Authority, including the Mayor, and to the police and crime panel.
c
in subsection (5)46, omit “(other than an elected local policing body)”;
d
in subsection (5A)47, for “by the head of the body’s paid service” substitute “that relates to the Mayor’s PCC functions”
.
4
In section 5 (designation and reports of monitoring officer)—
a
omit subsection (1C)48;
b
for subsection (3)(b)(a)49, substitute—
a
in the case of a report relating to the Mayor’s PCC functions, to the members of the Combined Authority, including the Mayor, and to the police and crime panel; and
c
in subsection (5)—
i
for “a relevant authority” substitute “the Mayor”
;
ii
in paragraph (a)50—
aa
in sub-paragraph (i), omit “in the case of an elected local policing body”;
bb
omit sub-paragraph (ii);
d
in subsection (8)51, in the definition of “relevant authority” omit “an elected local policing body”.
5
Omit section 7(1)(aa) (all staff to be appointed on merit)52.
6
Omit section 13(5ZA) (voting rights of members of certain committees: England and Wales)53.
Police Act 199610
1
The Police Act 199654 is modified as follows.
2
In section 22A(9)(a) (collaboration agreements)55, for “that body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
3
In section 41 (directions as to minimum budget)56—
a
in subsection (1), for “commissioner’s council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “PCC component council tax requirement”
;
b
in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “determination by the Mayor of the final amount of the PCC component”
.
4
In section 53E (guidance about civilian staff employed by local policing bodies and chief officers)57—
a
in subsection (1)(a), for “a local policing body” substitute “the Combined Authority and are deployed wholly or partly in relation to the Mayor’s PCC functions”
;
b
in subsection (1)(b), for “the body” substitute “the Combined Authority”
.
5
In section 88 (liability for wrongful acts of constables)58—
a
in subsection (5A), for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
;
b
in subsection (6)(a), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
6
In section 92(1) (grants by local authorities)59, for “parish or community” substitute “parish, community or Combined Authority”
.
7
In section 96(1B) (arrangements for obtaining the views of the community on policing)60, for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “PCC component is determined by the Mayor”
.
Proceeds of Crime Act 200211
1
The Proceeds of Crime Act 200261 is modified as follows.
2
For section 55(8)(aa) (sums received by designated officer) substitute—
aa
a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions,
Police Reform Act 200212
1
The Police Reform Act 200262 is modified as follows.
2
In section 40(7)(d) (community safety accreditation schemes)63, for “local policing body” substitute “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”
.
3
In section 42(7) (supplementary provisions relating to designations and accreditations)64—
a
for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
;
b
for the second reference to “local policing body” substitute “Combined Authority”
;
c
for “or body” substitute “or Combined Authority”
.
Local Government Act 200313
1
The Local Government Act 200365 is modified as follows.
2
In section 7 (credit arrangements)—
a
in subsection (1)(a), for “its part” substitute “the part of the Combined Authority”
;
b
in subsection (2), for “on the part of the authority”, substitute “on the part of the Combined Authority”
.
Railways and Transport Safety Act 200314
1
The Railways and Transport Safety Act 200366 is modified as follows.
2
For paragraph 7(2)(c) of Schedule 4 (British Transport Police Authority), substitute—
c
a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions,
Local Government and Public Involvement in Health Act 200715
1
The Local Government and Public Involvement in Health Act 200767 is modified as follows.
2
For section 15(1)(a) (incidental etc provision in orders or regulations), substitute—
a
for the transfer of functions, property, rights or liabilities from a local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body for any area to another local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body whose area consists of or includes the whole or part of that area;
Local Democracy, Economic Development and Construction Act 200916
1
The 2009 Act is modified as follows.
2
In paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections)68, for “or deputy mayor” substitute “, deputy mayor or deputy mayor for policing and crime”
.
Police Reform and Social Responsibility Act 2011
17
The PRSR Act is modified as follows.
18
In section 5 (police and crime commissioners to issue police and crime plans)69—
a
in subsection (1), for “ordinary election” substitute “election for the return of a Mayor”
;
b
in subsection (13)—
i
in the definition of “financial year”, for “the police and crime commissioner” substitute “the Combined Authority”
;
ii
omit the definition of “ordinary election”.
19
In section 7(7) (police and crime plans)70—
a
in the definition of “financial year”, for “the elected local policing body” substitute “the Combined Authority”
;
b
omit the definition of “ordinary election”;
c
in the definitions of “planning period” and “qualifying day”, for “ordinary election” substitute “election for the return of a Mayor”
.
20
In section 16 (appointment of persons not employed by elected local policing bodies)—
a
for subsection (1), substitute—
1
This section applies where the Mayor, in connection with the exercise of the Mayor’s PCC functions, is required or authorised by any Act—
a
to appoint a person to a specified post in the Combined Authority; or
b
to designate a person as having specified duties or responsibilities.
b
in subsection (2), for “the body” substitute “the Combined Authority”
.
21
In section 18 (delegation of functions by police and crime commissioners)71—
a
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
b
in subsection (6)—
i
after paragraph (d), insert—
da
a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 200972;
ii
after paragraph (h), insert—
i
the Combined Authority.
c
in subsection (7)—
i
for paragraph (f), substitute—
f
calculating the PCC component council tax requirement.
ii
omit paragraphs (g) and (h);
d
for subsection (10), substitute—
10
The deputy mayor for policing and crime is a member of staff of the Combined Authority, unless they are a member of the Combined Authority.
22
In section 21 (police fund), after subsection (3) insert—
3A
Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred in or otherwise relates to the exercise of the Mayor’s PCC functions.
23
In section 28 (police and crime panels outside London)73—
a
omit subsections (1A) and (1B);
b
in subsection (6)(a), after “police and crime commissioner” insert “, the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18”
.
24
In section 29 (power to require attendance and information)—
a
for subsection (1), substitute—
1
A police and crime panel may require—
a
the Mayor,
b
the deputy mayor for policing and crime,
c
members of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions, and
d
any members of the Combined Authority who exercise any function of the Mayor pursuant to arrangements made under section 18,
to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.
b
for subsection (2), substitute—
2
Nothing in subsection (1) requires a person to give any evidence, or produce any document, which discloses advice given by that person to—
a
the Mayor in relation to the Mayor’s PCC functions,
b
the deputy mayor for policing and crime, or
c
a member of the Combined Authority who exercises any function of the Mayor pursuant to arrangements made under section 18.
c
for subsection (5), substitute—
5
Any person referred to in subsection (1)(b), (c) or (d) must comply with any requirement imposed on them under that subsection.
d
in subsection (6), after “commissioner” insert “or the deputy mayor for policing and crime”
.
25
In section 30 (suspension of police and crime commissioner)—
a
in subsection (1), for “relevant police and crime commissioner” substitute “Mayor so far as acting in the exercise of PCC functions”
;
b
for subsection (3), substitute—
3
For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.
26
In section 31(3) (conduct), for paragraphs (b) to (d) substitute—
b
deputy mayor for policing and crime.
27
In section 62 (appointment of acting commissioner)—
a
for subsection (1), substitute—
1
The police and crime panel must appoint a person to exercise the Mayor’s PCC functions (the “acting commissioner”) if the Mayor is suspended from the exercise of PCC functions in accordance with section 30.
b
in subsection (2), for “member of the police and crime commissioner’s staff”, substitute “member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or the deputy mayor for policing and crime”
;
c
after subsection (2), insert—
2A
The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the 2009 Act.
d
omit subsection (3);
e
for subsection (5), substitute—
5
Any property or rights vested in the Combined Authority in relation to the Mayor’s PCC functions can be dealt with by the acting commissioner.
f
omit subsection (6)(c);
g
in subsection (7)—
i
omit “incapacitated or”;
ii
omit “(c) or”;
h
omit subsection (8).
28
For section 63 (vacancy where acting commissioner acts for 6 months), substitute—
63
1
Subsection (2) applies where—
a
the deputy mayor is appointed under section 107C of the 2009 Act to act for the Mayor because the Mayor is unable to act; and
b
the Mayor does not cease to be unable to act during the period of 6 months beginning with the day on which the acting mayor was appointed.
2
At the end of that 6 month period—
a
the Mayor ceases to be the Mayor, and
b
accordingly, the office of Mayor becomes vacant.
29
For section 64(3) to (4A) (disqualification from election as police and crime commissioner)74, substitute—
3
A person is disqualified from being elected as the Mayor at an election held under the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 201675 if—
a
the person has been nominated as a candidate for election as police and crime commissioner for any other police area at an ordinary election, and
b
the ordinary election is held on the same day as the election to return the Mayor.
4
A person is disqualified from being elected as the Mayor at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 201776 if—
a
the person is the police and crime commissioner for any other police area; or
b
the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.
30
In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds)77—
a
in subsection (1)(e), insert after paragraph (ii)—
iii
the Combined Authority;
b
for subsection (1A), substitute—
1A
Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime—
a
from being elected as Mayor at an election held under the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 2016;
b
from being elected at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 to fill a vacancy in the office of Mayor if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.
31
In section 70 (declaration of acceptance of office of police and crime commissioner)78—
a
for subsection (1), substitute—
1
A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made the specified declaration to the appropriate officer.
b
omit subsection (2);
c
in subsection (5), for the first reference to “office” substitute “the duty of exercising police and crime commissioner functions as Mayor”
;
d
for subsection (6), substitute—
6
In this section—
“appropriate officer” means the person designated as the head of paid service by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989;
“specified declaration” means the following declaration—
I [Full Name] of [Place] do hereby declare that I accept the duty of exercising Police and Crime Commissioner functions as Mayor of South Yorkshire.
In making this declaration, I solemnly and sincerely promise that in exercising Police and Crime Commissioner functions:
I will serve all the people of South Yorkshire.
I will act with integrity and diligence in my role and, to the best of my ability, will execute my duties to ensure that the police are able to cut crime and protect the public.
I will give a voice to the public, especially victims of crime, and work with other services to ensure the safety of the community and effective criminal justice.
I will take all steps within my power to ensure transparency of my decisions, so that I may be properly held to account by the public.
I will not interfere with the operational independence of police officers.
e
omit subsection (7).
32
In Schedule 1 (police and crime commissioners)79—
a
for paragraph 1, substitute—
1
This Schedule applies in relation to the Mayor in the exercise of PCC functions.
b
for paragraph 4, substitute—
4
1
The Mayor must make authorised pension payments.
2
In this paragraph “authorised pension payments” means—
a
pensions to, or in respect of, persons who have been the police and crime commissioner for South Yorkshire, and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for South Yorkshire,
which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.
c
in paragraph 5(2), for “any of paragraphs 2 to” substitute “paragraph”
;
d
in paragraph 8—
i
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
ii
for sub-paragraphs (3) and (3A), substitute—
3
The terms and conditions of a person appointed as the deputy mayor for policing and crime must ensure that the person’s term of office ends no later than the third day after the day of the poll at an election for the return of a Mayor.
3A
The terms and conditions must also provide for the deputy mayor for policing and crime’s appointment to end when, following an election held to fill a vacancy in the office of the appointing Mayor, the person elected makes and delivers a declaration under section 70.
e
for paragraph 9(1), substitute—
1
The Mayor must notify the police and crime panel of each proposed appointment by the Mayor of a deputy mayor for policing and crime.
f
in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “election for the return of a Mayor”
;
g
for paragraph 13, substitute—
13
1
The Mayor may pay—
a
remuneration, allowances and gratuities to members of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions; and
b
allowances and gratuities to the deputy mayor for policing and crime where that person is not a member of staff of the Combined Authority.
2
The Mayor may pay—
a
pensions to, or in respect of, persons who have been members of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions; and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions.
3
In this paragraph “allowances” —
a
in relation to a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff in relation to such functions; and
b
in relation to a deputy mayor for policing and crime who is not a member of the Combined Authority’s staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person’s duties as deputy mayor for policing and crime.
h
for paragraph 15(2), substitute—
2
A person who is—
a
a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions, or
b
a member of the Combined Authority exercising the Mayor’s PCC functions,
has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the Mayor’s PCC functions as a member of staff or as a member of the Combined Authority, unless it is shown to have been done otherwise than in good faith.
i
for paragraph 16, substitute—
16
References to the financial year of the Mayor are to be read as if they were references to the financial year of the Combined Authority.
33
In Schedule 5 (issuing precepts)—
a
in paragraph 1—
i
for sub-paragraph (1), substitute—
1
The Mayor may not determine the final amount of the PCC component for a financial year until the end of the scrutiny process is reached.
ii
for sub-paragraph (3), substitute—
3
References in this Schedule to the determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.
b
in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “the proposed amount of the PCC component”
;
c
in paragraph 3(3), for “the precept that should be issued” substitute “the amount of the PCC component”
;
d
in paragraph 4(3), for “precept for the financial year” substitute “PCC component for the financial year”
;
e
in paragraph 5(3)—
i
in paragraph (a), for “issue the proposed precept as the precept” substitute “determine that the proposed amount of the PCC component is the final amount of the PCC component”
;
ii
in paragraph (b), for “issue a different precept” substitute “determine a different PCC component”
;
f
in paragraph 6(2), for “issue the proposed precept as the precept” substitute “determine that the proposed PCC component is to be the PCC component”
;
g
in paragraph 8—
i
in sub-paragraph (1), for “the issuing of precepts” substitute “determining the amount of the PCC component”
;
ii
in sub-paragraph (4), for “precept that may be issued” substitute “amount of the PCC component”
.
34
In Schedule 6 (police and crime panels)80—
a
for paragraph 21, substitute—
21
The Mayor, a member of the Combined Authority appointed by the constituent councils, or a substitute member acting in place of such a member may not be a member of the police and crime panel for the area.
b
in paragraph 22(1)(a), for the words “police and crime commissioner for that police area” substitute “Combined Authority”
;
c
in paragraph 33, after sub-paragraph (1) insert—
1A
But this paragraph does not apply if the elected Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.
d
in paragraph 34, after sub-paragraph (1) insert—
1A
But this paragraph does not apply if the current Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.
35
In Schedule 7 (regulations about complaints and conduct matters)81—
a
in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime (unless the holder of that office is a member of the Combined Authority)”
;
b
for paragraph 4, substitute—
4
1
This paragraph applies in relation to qualifying complaints which—
a
relate to a holder of the office of—
i
Mayor; or
ii
deputy mayor for policing and crime, if the holder of that office is a member of the Combined Authority, and
b
are not, or cease to be, investigated by the Director General of the Independent Office for Police Conduct or a police force.
2
Regulations must secure that such complaints are dealt with in accordance with the Combined Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.
36
In Schedule 8 (appointment, suspension and removal of senior police officers)82—
a
for paragraph 4(10), substitute—
10
For that purpose, “relevant post-election period” means the period that—
a
begins with the day of the poll at an election for the return of the Mayor; and
b
ends with the day on which the person elected as Mayor delivers a declaration under section 70.
b
for paragraph 15(8), substitute—
8
For that purpose, “relevant post-election period” means the period that—
a
begins with the day of the poll at an election for the return of the Mayor; and
b
ends with the day on which the person elected as Mayor delivers a declaration under section 70.
Local Audit and Accountability Act 201437
1
The Local Audit and Accountability Act 201483 is modified as follows.
2
In Schedule 4 (further provisions about auditor panels)—
a
for paragraph 2(4)(a), substitute—
a
cases where the relevant authority referred to in the opening words of sub-paragraph (2) (“the relevant authority concerned”) is a Combined Authority where the Mayor exercises PCC functions;
b
for paragraph 2(5), substitute—
5
Where the relevant authority concerned is a Combined Authority where the Mayor exercises PCC functions, references to “the authority” include the chief constable for the area.
PART 2Modifications of secondary legislation
Motor Vehicles (Third Party Risks) Regulations 197238
1
The Motor Vehicles (Third Party Risks) Regulations 197284 are modified as follows.
2
For regulation 7(3) (production of evidence as alternatives to certificates), substitute—
3
in the case of a motor vehicle owned by the Combined Authority for use wholly or partly in relation to the Mayor’s PCC functions, a certificate in form F signed by some person authorised in that behalf by the Mayor that the motor vehicle is owned by the Combined Authority for use in relation to the Mayor’s PCC functions.
Official Secrets Act 1989 (Prescription) Order 199039
1
The Official Secrets Act 1989 (Prescription) Order 199085 is modified as follows.
2
In Schedule 2 (prescriptions), for “A Deputy police and crime commissioner”, substitute “A deputy mayor for policing and crime”
.
Police (Disposal of Sound Equipment) Regulations 199540
1
The Police (Disposal of Sound Equipment) Regulations 199586 are modified as follows.
2
In regulation 4(4) (application of proceeds of sale), for “local policing body” substitute “Combined Authority”
.
Police (Property) Regulations 199741
1
The Police (Property) Regulations 199787 are modified as follows.
2
In regulation 6(6), for “relevant authority” substitute “Combined Authority”
.
3
In regulation 7(1), for “vest in them” substitute “vest in the Combined Authority”
.
Health and Safety (Enforcing Authority) Regulations 199842
1
The Health and Safety (Enforcing Authority) Regulations 199888 are modified as follows.
2
In regulation 4(3)(d) (exceptions), for “a local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”
.
Motor Vehicles (Driving Licences) Regulations 199943
1
The Motor Vehicles (Driving Licences) Regulations 199989 are modified as follows.
2
In regulation 23(1)(c)(ii) (persons by whom theory tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
3
In regulation 24(1)(d)(ii) (persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
4
In regulation 58(2)(c)(ii) (provision of approved training courses), for “local policing body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 199944
1
The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 199990 is modified as follows.
2
For paragraph 2 of Section 6 of Schedule 1 (Employment to which this Order Applies: Employers Immediately Before the Relevant Event), substitute—
2
The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor’s PCC functions.
Motor Vehicles (Access to Driver Licensing Records) Regulations 200145
1
The Motor Vehicles (Access to Driver Licensing Records) Regulations 200191 are modified as follows.
2
In regulation 3(2) (further disclosure), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 200146
1
The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 200192 are modified as follows.
2
In regulation 2(1)(b), for “a local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
Police Regulations 200347
1
The Police Regulations 200393 are modified as follows.
2
In regulation 7(7)(a) (business interests of members of police forces: general), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011” substitute “the deputy mayor for policing and crime”
.
3
In regulation 24(1)(b) (pay), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Docking of Working Dogs’ Tails (England) Regulations 200748
1
The Docking of Working Dogs’ Tails (England) Regulations 200794 are modified as follows.
2
In regulation 2 (interpretation), for the definition of “police identification” substitute—
“police identification” means evidence that the person presenting the identification is—
- a
a police officer;
- b
employed by the Combined Authority and deployed wholly or partly in relation to the Mayor’s PCC functions;
- c
contracted to work for the Mayor in relation to the Mayor’s PCC functions; or
- d
contracted to work for, or otherwise employed by, the chief officer of police.
REACH Enforcement Regulations 200849
1
The REACH Enforcement Regulations 200895 are modified as follows.
2
In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”
.
Elected Local Policing Bodies (Specified Information) Order 201150
1
The Elected Local Policing Bodies (Specified Information) Order 201196 is modified as follows.
2
In article 1(2) (interpretation)—
a
for the definition of “election” substitute—
“election” means an election for the return of a Mayor;
b
in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
c
for the definition of “senior employee”, substitute—
“senior employee” means a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions and whose salary exceeds £50,000;
d
for the definition of “staff”, substitute—
“staff” means members of staff employed by the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions but does not include the deputy mayor for policing and crime.
3
In the Schedule—
a
in paragraph 2—
i
omit the first reference to “of the elected local policing body”;
ii
for each of the remaining two references to “elected local policing body” substitute “Combined Authority”
;
b
in paragraph 397 —
i
for sub-paragraph (b), substitute—
b
the PCC component;
ii
in sub-paragraph (c), for “the precept” substitute “the PCC component”
;
c
in paragraph 498—
i
for the first reference to “elected local policing body”, substitute “Combined Authority in relation to the Mayor’s PCC functions”
;
ii
in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “by the Combined Authority in relation to the Mayor’s PCC functions, or occupied for the purposes of”
;
iii
in sub-paragraphs (b) and (c), for “£10,000” substitute “£5,000”
;
iv
for sub-paragraph (d), substitute—
d
a list of every contract with a value not exceeding £5,000 —
i
which the Mayor has entered into, or is to enter into, on behalf of the Combined Authority in relation to the Mayor’s PCC functions; or
ii
to which the chief officer of the police force maintained by the Mayor is, or is to be, a party,
including the value of the contract, the identity of every other party to the contract and the purpose of the contract.
Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201251
1
The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201299 are modified as follows.
2
In regulation 2 (interpretation)—
a
after the definition of “document”, insert—
“head of paid service” means the head of paid service designated by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989100;
b
in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
c
in the definition of “relevant office”, for paragraph (b) substitute—
b
deputy mayor for policing and crime;
3
In regulation 7 (delegation of powers and duties by police and crime panels)—
a
for paragraph (1)(a), substitute—
a
the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989;
b
in paragraph (2), omit “a chief executive or”;
c
for paragraph (3), substitute—
3
Where the police and crime panel delegates powers or duties conferred or imposed by or under regulation 9 (notification and recording of complaints), 11 (notification and recording of conduct matters arising in civil proceedings) or 12 (recording of conduct matters in other cases) to the monitoring officer appointed by the Combined Authority, the monitoring officer shall notify the head of paid service of any complaint or conduct matter considered by the monitoring officer in accordance with those regulations.
4
In regulation 15(3)(a) (disapplication of requirements of regulations), for “the office holder’s staff” substitute “staff deployed by the Combined Authority wholly or partly in relation to the Mayor’s PCC functions”
.
5
In regulation 28(1) (informal resolution)—
a
omit paragraph (a);
b
for paragraph (b), substitute—
b
the deputy mayor for policing and crime who is not a member of the Combined Authority at the time when the complaint is recorded;
6
For regulation 29 (resolution in accordance with Part 3 of the Local Government Act 2000), substitute—
Resolution in accordance with the Combined Authority’s code of conduct29
1
If a complaint to which this Part applies concerns the conduct of—
a
the Mayor, or
b
the deputy mayor for policing and crime who is a member of the Combined Authority at the time when the complaint is recorded,
the police and crime panel shall pass the complaint to the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989 (“the monitoring officer”).
2
On receiving a complaint in accordance with paragraph (1), the monitoring officer shall deal with it in accordance with the Combined Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011101.
3
The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.
Police Appeals Tribunals Rules 201252
1
The Police Appeals Tribunals Rules 2012102 are modified as follows.
2
In rule 15(4) (legal and other representation) for “relevant local policing body” substitute “Combined Authority”
.
Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 201253
1
The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012103 are modified as follows.
2
In regulation 3(2) (entities under the control of a relevant council)—
a
in sub-paragraph (c), omit “or”;
b
in sub-paragraph (d), after (c) insert “, or”
;
c
after sub-paragraph (d), insert—
e
the Combined Authority.
Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 201254
1
The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012104 are modified as follows.
2
In regulation 4(2) (report on proposed precept), for “may issue the proposed precept as the precept” substitute “may determine that the proposed PCC component is the final amount of the PCC component”
.
3
In regulation 5(2) (veto: police and crime commissioner’s response), for “precept that he now proposes to issue” substitute “PCC component that he now proposes to determine”
.
4
In regulation 6(2) (panel’s review of revised precept)—
a
in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “finalising the revised precept as the PCC component to be determined”
;
b
in sub-paragraph (b), for “precept that should be issued” substitute “PCC component that should be determined”
.
5
In regulation 7 (police and crime commissioner’s consideration of second report), for “1st March” substitute “the penultimate working day in February”
.
6
In regulation 8 (issuing precept)—
a
in paragraph (2)—
i
in sub-paragraph (a), for “issue the revised precept as the precept” substitute “finalise the revised precept as the PCC component to be determined”
;
ii
in sub-paragraph (b), for “issue a different precept” substitute “finalise a different amount of the PCC component”
;
b
in paragraph (3)—
i
in sub-paragraph (a), for “issue a precept” substitute “finalise the PCC component”
;
ii
in sub-paragraph (b), for “issue a precept” substitute “finalise the PCC component”
.
Local Government Pension Scheme Regulations 201355
1
The Local Government Pension Scheme Regulations 2013105 are modified as follows.
2
After regulation 64(8) (special circumstances where revised actuarial valuations and certificates must be obtained), insert—
8A
Paragraph (8B) applies where the exiting employer is the Police and Crime Commissioner for the area and the liabilities of the fund in respect of benefits due to the Commissioner’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Combined Authority by virtue of the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024.
8B
Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.
Local Audit (Auditor Resignation and Removal) Regulations 201456
1
The Local Audit (Auditor Resignation and Removal) Regulations 2014106 are modified as follows.
2
In regulation 2 (application of these Regulations to policing bodies)—
a
in paragraph (3), for “police and crime commissioner” substitute “Combined Authority”
;
b
in paragraph (4), for “a police and crime commissioner” substitute “the Combined Authority in relation to the Mayor’s PCC functions”
.
Combined Authorities (Mayors) (Filling of Vacancies) Order 201757
1
The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017107 is modified as follows.
2
In article 4(d) (date on which vacancy occurs)—
a
in paragraph (ii), omit “or”;
b
in paragraph (iii), at the end insert “or”
;
c
after paragraph (iii), insert—
iv
the mayor ceasing to hold office by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011;
Police Appeals Tribunals Rules 202058
1
The Police Appeals Tribunals Rules 2020108 are modified as follows.
2
In rule 19(4)(c) and (d) (legal and other representation), for “relevant local policing body” substitute “Combined Authority”
.
Policing Protocol Order 202359
1
The Policing Protocol Order 2023109 is modified as follows.
2
In the Schedule—
a
in paragraph 5, for “of each PCC”, substitute “deployed by the Combined Authority wholly or partly in relation to the Mayor’s PCC functions”
;
b
for paragraph 13, substitute—
13
Chief Constables are established in law as corporations sole within the 2011 Act. In doing so Chief Constables are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead.
13A
The staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions are accountable to the directly elected Mayor to enable the Mayor to exercise their PCC functions.
c
in paragraph 16, for “precept” substitute “PCC component”
;
d
in paragraph 17(d), for “precept” substitute “PCC component”
;
e
in paragraph 24—
i
in sub-paragraph (a), for “precept” substitute “PCC component”
;
ii
in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “suspended from the exercise of PCC functions”
;
iii
omit sub-paragraph (i);
f
after paragraph 24, insert—
24A
Complaints against the Mayor and deputy mayor for policing and crime (if that person is a member of the Combined Authority) will be dealt with in accordance with the Combined Authority’s existing standards regime, which operates under local government legislation. Serious complaints and conduct matters must be passed to the Director General of the Independent Office for Police Conduct in line with legislation.
SCHEDULE 2Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
PART 1Primary legislation
1
Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)110.
2
The following provisions of the Local Government Act 1972111—
a
section 102(6) to (11) (appointment of committees);
b
section 223(2) (appearance of local authorities in legal proceedings);
c
paragraph 6ZA of Part 1 of Schedule 12 (meetings and proceedings of local authorities).
3
Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.)112.
4
Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.)113.
5
Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 (land held by public bodies)114.
6
Sections 33 (enforceability by local authorities of certain covenants relating to land) and 41 (lost and uncollected property) of the Local Government (Miscellaneous Provisions) Act 1982115.
7
Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers)116.
8
Section 60 of the County Courts Act 1984 (right of audience)117.
9
The following provisions of the Housing Act 1985118—
a
section 80(1) (the landlord condition);
b
section 157(1) (restriction on disposal of dwelling-houses in National Parks);
c
section 171(2) (power to extend right to buy);
d
section 573(1) (meaning of public sector authority);
e
paragraph 2(1) of Schedule 1 (tenancies which are not secure tenancies);
f
grounds 7 and 12 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies);
g
ground 5 in Schedule 3 (grounds for withholding consent to assignment by way of exchange);
h
paragraph 7(1) of Schedule 4 (qualifying period for right to buy and discount);
i
paragraph 5(1)(b) of Schedule 5 (exceptions to the right to buy).
10
Section 38 of the Landlord and Tenant Act 1985 (minor definitions)119.
11
Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent)120.
12
Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords)121.
13
Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration)122.
14
Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies)123.
15
Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities)124.
16
Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases)125.
17
Section 94 of the Police Act 1996 (financing of new police and crime commissioners)126.
18
Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)127.
19
Sections 21 and 22 of the Local Government Act 2003 (accounts)128.
20
The following provisions of the Fire and Rescue Services Act 2004129—
a
section 3(7) and (9) (creation of combined fire and rescue authorities: supplementary);
b
section 4A (power to provide for police and crime commissioner to be fire and rescue authority);
c
Schedule A1 (procedure for orders under section 4A);
d
Schedule A2 (application of legislation relating to police and crime commissioners).
21
The following provisions of the PRSR Act—
a
section 1(1) to (4) (police and crime commissioners)130;
b
sections 50 to 61 (elections and vacancies);
c
section 69 (validity of acts);
d
sections 71 to 75 (elections: further provision);
e
section 102(3) (interpretation: police and crime commissioner’s staff);
f
Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7 (police and crime commissioners);
g
Schedule 6, paragraphs 33 to 35 (duty to nominate elected mayor to be a member of police and crime panel);
h
Schedule 10 (elections: consequential amendments).
22
Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities)131.
23
The following provisions of the Policing and Crime Act 2017132—
a
section 5(7)(a) and (9)(a) (collaboration agreements: definitions);
b
paragraph 92 of Schedule 1 (amendments to Schedule 6 to the Police Reform and Social Responsibility Act 2011).
PART 2Secondary legislation
24
The Police and Crime Commissioner Elections Order 2012.
25
The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012133.
26
The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012134.
27
The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012135.
28
The following provisions of Schedule 2 to the Local Government Pension Scheme Regulations 2013 (scheme employers)136—
a
paragraph 6 of Part 1;
b
Part 4.
29
The Police and Crime Commissioner Elections Order 2015137.
30
Article 7 of the Chancellor of the Duchy of Lancaster Order 2015138.
31
The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015139
32
The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020140.
33
The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020141.
34
The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021142.
(This note is not part of the Order)