Legislation – Policing and Crime Act 2017

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Introduction

Part 1
Emergency services collaboration

CHAPTER 1 Collaboration agreements

1 Collaboration agreements

2 Duties in relation to collaboration agreements

3 Collaboration agreements: specific restrictions

4 Collaboration agreements: supplementary

5 Collaboration agreements: definitions

CHAPTER 2 Police and crime commissioners etc: fire and rescue functions

6 Provision for police and crime commissioner to be fire and rescue authority

7 Involvement of police and crime commissioner in fire and rescue authority

8 Combined authority mayors: exercise of fire and rescue functions

CHAPTER 3 London Fire Commissioner

9 The London Fire Commissioner

10 Transfer of property, rights and liabilities to the London Fire Commissioner

CHAPTER 4 Inspection of fire and rescue services

11 Inspection of fire and rescue services

12 Fire safety inspections

Part 2
Police complaints, discipline and inspection

CHAPTER 1 Police complaints

13 Local policing bodies: functions in relation to complaints

14 Definition of police complaint

15 Duty to keep complainant and other interested persons informed

16 Complaints, conduct matters and DSI matters: procedure

17 Initiation of investigations by IPCC

18 IPCC power to require re-investigation

19 Sensitive information received by IPCC: restriction on disclosure

20 Investigations by IPCC: powers of seizure and retention

21 References to England and Wales in connection with IPCC functions

22 Oversight functions of local policing bodies

23 Delegation of functions by local policing bodies

24 Transfer of staff to local policing bodies

CHAPTER 2 Police super-complaints

25 Power to make super-complaints

26 Bodies who may make super-complaints

27 Regulations about super-complaints

CHAPTER 3 Whistle-blowing: power of IPCC to investigate

28 Investigations by the IPCC: whistle-blowing

CHAPTER 4 Police discipline

29 Disciplinary proceedings: former members of police forces and former special constables

30 Police barred list and police advisory list

31 Appeals to Police Appeals Tribunals

32 Guidance concerning disciplinary proceedings and conduct etc

CHAPTER 5 IPCC: re-naming and organisational change

33 Independent Office for Police Conduct

34 Exercise of functions

35 Public records

CHAPTER 6 Inspection

36 Powers of inspectors to obtain information, access to police premises etc

37 Inspectors and inspections: miscellaneous

Part 3
Police workforce and representative institutions

CHAPTER 1 Police workforce

Powers of police civilian staff and volunteers

38 Powers of police civilian staff and police volunteers

39 Application of Firearms Act 1968 to the police: special constables and volunteers

40 Training etc of police volunteers

41 Police volunteers: complaints and disciplinary matters

42 Police volunteers: police barred list and police advisory list

43 Police volunteers: inspection

44 Restrictions on designated persons acting as covert human intelligence sources

45 Further amendments consequential on section 38 etc

Removal of powers of police to appoint traffic wardens

46 Removal of powers of police in England and Wales to appoint traffic wardens

Police rank structure

47 Power to make regulations about police ranks

48 Section 47: consequential amendments

CHAPTER 2 Representative institutions

49 Duties of Police Federation for England and Wales in fulfilling its purpose

50 Freedom of Information Act etc: Police Federation for England and Wales

51 Removal of references to ACPO

Part 4
Police powers

CHAPTER 1 Pre-charge bail

Release without bail or on bail

52 Arrest elsewhere than at a police station: release before charge

53 Section 52: consequential amendments

54 Release from detention at a police station

55 Release following arrest for breach of bail etc

56 Release from further detention at police station

57 Warrants of further detention: release

58 Meaning of “pre-conditions for bail”

59 Release without bail: fingerprinting and samples

60 Release under section 24A of the Criminal Justice Act 2003

Conditions of bail

61 Bail before charge: conditions of bail etc

Time limits on period of bail

62 Limit on period of bail under section 30A of PACE

63 Limits on period of bail without charge under Part 4 of PACE

64 Section 63: consequential amendments

Re-arrest of person released under provisions of PACE

65 Release under provisions of PACE: re-arrest

Notification of decision not to prosecute

66 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

67 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

Breach of pre-charge bail conditions relating to travel

68 Offence of breach of pre-charge bail conditions relating to travel

69 Offence of breach of pre-charge bail conditions relating to travel: interpretation

CHAPTER 2 Retention of biometric material

70 Retention of fingerprints and DNA profiles: PACE

71 Retention of fingerprints and DNA profiles: Terrorism Act 2000

CHAPTER 3 Powers under PACE: miscellaneous

72 PACE: entry and search of premises for the purpose of arrest

73 PACE: treatment of those aged 17

74 PACE: detention: use of live links

75 PACE: interviews: use of live links

76 PACE: audio recording of interviews

77 PACE: duty to notify person interviewed that not to be prosecuted

78 PACE: consultation on codes of practice

79 Definition of “appropriate adult” in criminal justice legislation

CHAPTER 4 Powers under the Mental Health Act 1983

80 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

81 Restrictions on places that may be used as places of safety

82 Periods of detention in places of safety etc

83 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983

CHAPTER 5 Maritime enforcement: English and Welsh offences

Application of maritime enforcement powers: general

84 Application of maritime enforcement powers: general

85 Restriction on exercise of maritime enforcement powers

Ships in Scotland waters: hot pursuit

86 Hot pursuit of ships in Scotland waters

87 Restriction on exercise of maritime enforcement powers in hot pursuit

The maritime enforcement powers

88 Power to stop, board, divert and detain

89 Power to search and obtain information

90 Power of arrest and seizure

Supplementary provision

91 Maritime enforcement powers: supplementary: protective searches

92 Maritime enforcement powers: other supplementary provision

93 Maritime enforcement powers: offences

94 Maritime enforcement powers: code of practice

95 Interpretation

CHAPTER 6 Maritime enforcement: Scottish offences

Application of maritime enforcement powers: general

96 Application of maritime enforcement powers: general

97 Restriction on exercise of maritime enforcement powers

Ships in England and Wales waters: hot pursuit

98 Hot pursuit of ships in England and Wales waters

99 Restriction on exercise of maritime enforcement powers in hot pursuit

The maritime enforcement powers

100 Power to stop, board, divert and detain

101 Power to search and obtain information

102 Power of arrest and seizure

Supplementary provision

103 Maritime enforcement powers: supplementary: protective searches

104 Maritime enforcement powers: other supplementary provision

105 Maritime enforcement powers: offences

106 Interpretation

CHAPTER 7 Maritime enforcement: Northern Irish offences

Application of maritime enforcement powers: general

107 Application of maritime enforcement powers: general

108 Restriction on exercise of maritime enforcement powers

The maritime enforcement powers

109 Power to stop, board, divert and detain

110 Power to search and obtain information

111 Power of arrest and seizure

Supplementary provision

112 Maritime enforcement powers: supplementary: protective searches

113 Maritime enforcement powers: other supplementary provision

114 Maritime enforcement powers: offences

115 Interpretation

CHAPTER 8 Cross-border enforcement

116 Extension of cross-border powers of arrest: urgent cases

117 Cross-border enforcement: powers of entry to effect arrest

118 Cross-border enforcement: officers of Revenue and Customs

119 Cross-border enforcement: minor and consequential amendments

CHAPTER 9 Miscellaneous

120 Powers to require removal of disguises: oral authorisation

Part 5
Police and crime commissioners and police areas

121 Term of office of deputy police and crime commissioners

122 Eligibility of deputy police and crime commissioners for election

123 Deputy Mayor for Policing and Crime as member of local authority

124 Amendments to the names of police areas

Part 6
Firearms and pyrotechnic articles

125 Firearms Act 1968: meaning of “firearm” etc

126 Firearms Act 1968: meaning of “antique firearm”

127 Possession of articles for conversion of imitation firearms

128 Controls on defectively deactivated weapons

129 Controls on ammunition which expands on impact

130 Authorised lending and possession of firearms for hunting etc

131 Limited extension of firearm certificates etc

132 Applications under the Firearms Acts: fees

133 Guidance to police officers in respect of firearms

134 Possession of pyrotechnic articles at musical events

Part 7
Alcohol and late night refreshment

135 Meaning of “alcohol”: inclusion of alcohol in any state

136 Interim steps pending review: representations

137 Summary reviews of premises licences: review of interim steps

138 Personal licences: licensing authority powers in relation to convictions

139 Licensing Act 2003: addition of further relevant offences

140 Licensing Act 2003: guidance

141 Cumulative impact assessments

142 Late night levy requirements

Part 8
Financial sanctions

143 Interpretation

144 Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment

145 Other offences: maximum term of imprisonment

146 Power to impose monetary penalties

147 Monetary penalties: procedural rights

148 Monetary penalties: bodies corporate and unincorporated associations

149 Monetary penalties: supplementary

150 Deferred prosecution agreements

151 Serious crime prevention orders

152 Implementation of UN financial sanctions Resolutions: temporary regulations

153 Content of regulations under section 152

154 Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations

155 Implementation of UN financial sanctions Resolutions: temporary listing

156 Extension to the Bailiwick of Guernsey, Isle of Man and BOTs

Part 9
Miscellaneous and general

CHAPTER 1 Miscellaneous

Police collaboration

157 Power to enter into police collaboration agreements

NCA powers

158 Powers of NCA officers in relation to customs matters

Requirements to confirm nationality

159 Requirement to state nationality

160 Requirement to produce nationality document

161 Pilot schemes

162 Requirement to give information in criminal proceedings

Seizure etc of travel documents

163 Powers to seize etc invalid travel documents

Pardons for certain abolished offences etc

164 Posthumous pardons for convictions etc of certain abolished offences: England and Wales

165 Other pardons for convictions etc of certain abolished offences: England and Wales

166 Power to provide for disregards and pardons for additional abolished offences: England and Wales

167 Sections 164 to 166: supplementary

168 Disregarding certain convictions etc for abolished offences: Northern Ireland

169 Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

170 Other pardons for convictions etc of certain abolished offences: Northern Ireland

171 Power to provide for disregards and pardons for additional abolished offences: Northern Ireland

172 Sections 169 to 171: supplementary

Forced marriage: anonymity for victims

173 Anonymity of victims of forced marriage: England and Wales

174 Anonymity of victims of forced marriage: Northern Ireland

Stalking

175 Sentences for offences of putting people in fear of violence etc

Protection of children and vulnerable adults

176 Child sexual exploitation: streaming indecent images

177 Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults

Coroners’ investigations into deaths

178 Coroners’ investigations into deaths: meaning of “state detention”

Powers of Scottish litter authorities

179 Powers of litter authorities in Scotland

CHAPTER 2 General

180 Consequential amendments, repeals and revocations

181 Financial provision

182 Extent

183 Commencement

184 Short title

SCHEDULES

SCHEDULE 1 Provision for police and crime commissioner to be fire and rescue authority

SCHEDULE 2 The London Fire Commissioner

SCHEDULE 3 Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004

SCHEDULE 4 Amendments consequential on the amended definition of police complaint

SCHEDULE 5 Complaints, conduct matters and DSI matters: procedure

SCHEDULE 6 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

SCHEDULE 7 Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

SCHEDULE 8 Part to be inserted as Part 4A of the Police Act 1996

SCHEDULE 9 Independent Office for Police Conduct

SCHEDULE 10 Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

SCHEDULE 11 Schedule to be inserted as Schedule 3C to the Police Reform Act 2002

SCHEDULE 12 Powers of civilian staff and volunteers: further amendments

SCHEDULE 13 Abolition of office of traffic warden

SCHEDULE 14 Removal of references to ACPO

SCHEDULE 15 Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994

SCHEDULE 16 Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994

SCHEDULE 17 Cross-border enforcement: minor and consequential amendments

SCHEDULE 18 Late night levy requirements

SCHEDULE 19 Amendments where NCA is party to police collaboration agreement

Changes to legislation:

Policing and Crime Act 2017,
Part 2
is up to date with all changes known to be in force on or before 05 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.


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Changes and effects yet to be applied to Schedule 1 Part 2:

  • specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2

SCHEDULES

SCHEDULE 1Provision for police and crime commissioner to be fire and rescue authority

Part 2Amendments to other Acts

Fire Services Act 1947 (c. 41)

14

In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme)
(as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—

“(5A)

References in this section to employment as a member of a fire brigade or on duties connected with the provision of fire services include employment by the chief constable of the police force for a police area as a result of—

(a)

a transfer to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or

(b)

an appointment by the chief constable under section 4I(4) of that Act.

(5B)

References in this section to a fire authority include the chief constable of the police force for a police area who employs persons as mentioned in subsection (5A).”

Landlord and Tenant Act 1954 (c. 56)

15

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute
, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Local Government Act 1966 (c. 42)

16

In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2)
(bodies to which the section applies) after “This section shall apply to” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Leasehold Reform Act 1967 (c. 88)

17

The Leasehold Reform Act 1967 is amended as follows.

18

In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a)
(application to local authorities) after “any combined authority established under section 103 of that Act,” insert
any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

19

In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2)
(leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—

“(ba)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Local Government Grants (Social Need) Act 1969 (c. 2)

20

In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3)
(meaning of “local authority”) after “shall also include” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

21

In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Authorities (Goods and Services) Act 1970 (c. 39)

22

In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4)
(interpretation) after “any combined authority established under section 103 of that Act,” insert
any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Government Act 1972 (c. 70)

23

The Local Government Act 1972 is amended as follows.

24

In section 120 (acquisition of land by agreement) after subsection (3A) insert—

“(3B)

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).”

25

In section 138C(1)
(application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—

“(pa)

a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;”.

26

In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2)
(application to bodies other than local authorities) after “the Common Council” insert
and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

27

In section 223 (appearance of local authorities in legal proceedings) in subsection (2)
(application to bodies other than local authorities) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

28

In section 229 (photographic copies of documents) in subsection (8)
(meaning of “local authority”) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

29

In section 231 (service of notices on local authorities, etc) in subsection (4)
(meaning of “local authority”) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

30

In section 232 (public notices) in subsection (1A)
(meaning of “local authority”) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

31

In section 233 (service of notices by local authorities) in subsection (11)
(meaning of “local authority”) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

32

In section 234 (authentication of documents) in subsection (4)
(meaning of “local authority”) after “a combined authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Employment Agencies Act 1973 (c. 35)

33

In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—

“(fi)

the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;”.

Local Government Act 1974 (c. 7)

34

In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—

“(bh)

a fire and rescue authority created by an order under section 4A of that Act;”.

Health and Safety at Work etc Act 1974 (c. 37)

35

In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

36

In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Rent (Agriculture) Act 1976 (c. 80)

37

In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—

“(bbc)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Rent Act 1977 (c. 42)

38

In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—

“(cd)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Protection from Eviction Act 1977 (c. 43)

39

In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Government, Planning and Land Act 1980 (c. 65)

40

The Local Government, Planning and Land Act 1980 is amended as follows.

41

In section 99 (disposal of land at direction of Secretary of State – supplementary) in subsection (4)
(authorities who may make representations about directions) after paragraph (dbb) insert—

“(dbc)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

42

In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—

“5BD

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”

Acquisition of Land Act 1981 (c. 67)

43

In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers’ land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

44

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

45

In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a)
(meaning of “principal council”) after “the London Residuary Body,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

46

In section 41 (lost and uncollected property) in subsection (13)
(interpretation) in the definition of “local authority” after paragraph (ezb) insert—

“(ezc)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

47

In section 45 (arrangements under Employment and Training Act 1973) in subsection (2)
(local authorities to which section applies) after paragraph (c)
(but before the “and” at the end of that paragraph) insert—

“(ca)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

County Courts Act 1984 (c. 28)

48

In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Housing Act 1985 (c. 68)

49

In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Landlord and Tenant Act 1985 (c.70)

50

In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” after “a combined authority established under section 103 of that Act” insert
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Local Government Act 1986 (c. 10)

51

The Local Government Act 1986 is amended as follows.

52

In section 6(2)(a)
(meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

“a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

53

In section 9(1)(a)
(meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

“a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Landlord and Tenant Act 1987 (c.31)

54

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a)
(local authorities) after “the Common Council of the City of London,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Government Act 1988 (c. 9)

55

In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert
, a fire and rescue authority created by an order under section 4A of that Act
.

Housing Act 1988 (c. 50)

56

The Housing Act 1988 is amended as follows.

57

In section 74(8)
(transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—

“(fc)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

58

In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2)
(local authority tenancies: meaning of “local authority”) after paragraph (e) insert—

“(ea)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Road Traffic Act 1988 (c. 52)

59

In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

Local Government and Housing Act 1989 (c. 42)

60

The Local Government and Housing Act 1989 is amended as follows.

61

In section 1(9)
(meaning of politically restricted post under a local authority) at the end insert
, and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

62

(1)

Section 4 (designation and reports of head of paid service) is amended as follows.

(2)

In subsection (4) after paragraph (a) insert—

“(aa)

in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i)

which corresponds to the authority’s area, or

(ii)

within which the area of the authority falls;”.

(3)

After subsection (5A) insert—

“(5B)

It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority’s paid service and to do so no later than three months after the authority is sent a copy of the report.”

(4)

In subsection (6)(a) for “and an elected local policing body” substitute
, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

63

(1)

Section 5 (designation and reports of monitoring officer) is amended as follows.

(2)

In subsection (3) after the second paragraph (a) insert—

“(aa)

in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i)

which corresponds to the authority’s area, or

(ii)

within which the area of the authority falls;”.

(3)

In subsection (5)(a) after sub-paragraph (i) insert—

“(ia)

in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;”.

(4)

In subsection (8)—

(a)

in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert
, section 4D(4) of the Fire and Rescue Services Act 2004
, and

(b)

in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute
, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

64

In section 21 (interpretation of Part 1) after subsection (1) insert—

“(1A)

In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

(1B)

In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.”

65

In section 152(2)
(meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—

“(fa)

a fire and rescue authority created by an order under section 4A of that Act;”.

66

In section 155(4)
(emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—

“(ha)

a fire and rescue authority created by an order under section 4A of that Act;”.

67

Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—

“(ha)

a fire and rescue authority created by an order under section 4A of that Act;”.

Town and Country Planning Act 1990 (c. 8)

68

The Town and Country Planning Act 1990 is amended as follows.

69

In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) after “a combined authority established under section 103 of that Act,” insert
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
.

70

In Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3)
(meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute
, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.

Local Government Finance Act 1992 (c. 14)

71

(1)

The Local Government Finance Act 1992 is amended as follows.

(2)

In section 39(1)
(major precepting authorities) after paragraph (da) insert—

“(db)

a fire and rescue authority created by an order under section 4A of that Act;”.

(3)

In section 65(3)
(duty of relevant authority to consult ratepayers: meaning of “relevant authority”) after “apart from a police and crime commissioner” insert
or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
.

Local Government (Overseas Assistance) Act 1993 (c. 25)

72

In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10)
(other bodies) after paragraph (a) insert—

“(aa)

a fire and rescue authority created by an order under section 4A of that Act;”.

Deregulation and Contracting Out Act 1994 (c. 40)

73

The Deregulation and Contracting Out Act 1994 is amended as follows.

74

In section 70(1ZB)
(functions of local authorities: application to certain fire and rescue authorities) after “applies” insert
or a fire and rescue authority created by an order under section 4A of that Act
.

75

In section 79A (local authorities in England) after paragraph (n) insert—

“(na)

a fire and rescue authority created by an order under section 4A of that Act;”.

Police Act 1996 (c. 16)

76

In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—

“(4)

Section 4K of the Fire and Rescue Services Act 2004 also imposes a requirement on the Secretary of State to consult the Police Advisory Board for England and Wales.”

Crime and Disorder Act 1998 (c. 37)

77

The Crime and Disorder Act 1998 is amended as follows.

78

In section 5(5)
(authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—

“(aa)

a fire and rescue authority created by an order under section 4A of that Act;”.

79

In section 17(2)
(duty to consider crime and disorder implications: authorities to which duty applies) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

“a fire and rescue authority created by an order under section 4A of that Act;”.

80

In section 115(2)
(disclosure of information: meaning of relevant authority) after paragraph (i) insert—

“(ia)

a fire and rescue authority created by an order under section 4A of that Act;”.

Freedom of Information Act 2000 (c. 36)

81

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—

“14A

A fire and rescue authority created by an order under section 4A of that Act.”

Police Reform Act 2002 (c. 30)

82

In section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—

“(11A)

In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—

(a)

any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);

(b)

any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).”

Local Government Act 2003 (c. 26)

83

(1)

The Local Government Act 2003 is amended as follows.

(2)

In section 23(1)
(local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—

“(ma)

a fire and rescue authority created by an order under section 4A of that Act;”.

(3)

In section 33(1)
(expenditure grant: interpretation) after paragraph (l) insert—

“(la)

a fire and rescue authority created by an order under section 4A of that Act;”.

(4)

In section 95(7)
(power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—

“(ac)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

(5)

In section 97(11)
(power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—

“(ab)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

84

In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5)
(meaning of “fire and rescue authority”) after paragraph (a) insert—

“(aa)

a fire and rescue authority created by an order under section 4A of that Act;”.

Equality Act 2010 (c. 15)

85

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

“A fire and rescue authority created by an order under section 4A of that Act.”

Police Reform and Social Responsibility Act 2011 (c. 13)

86

The Police Reform and Social Responsibility Act 2011 is amended as follows.

87

(1)

Section 1 (police and crime commissioners) is amended as follows.

(2)

In subsection (3) for “The” substitute
Unless subsection (3B) applies, the
.

(3)

After subsection (3) insert—

“(3A)

Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(3B)

In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.”

88

In section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—

“(5A)

Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—

(a)

which corresponds to the area of a fire and rescue authority created by an order under section 4A, or

(b)

within which the area of such a fire and rescue authority falls.

(5B)

Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—

(a)

the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and

(b)

the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(5C)

A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.

(5D)

If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority’s priorities and objectives, for the period of the plan, in connection with the discharge of the authority’s functions.

(5E)

Subsection (5B)(b) does not apply to a joint police and crime plan.”

89

In section 28 (police and crime panels outside London) after subsection (1) insert—

“(1A)

Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(1B)

The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.”

90

In section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—

“(10)

Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.

(11)

A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—

(a)

a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,

(b)

a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or

(c)

a fire and rescue authority created by an order under section 4A of that Act.”

91

In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—

“(4)

Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.”

92

(1)

Schedule 6 (police and crime panels) is amended as follows.

(2)

In paragraph 4(6)
(functions of panels) at the end insert
or by, or by virtue of, the Fire and Rescue Services Act 2004.

(3)

In paragraph 22 (co-opted members of police and crime panels)—

(a)

the existing paragraph becomes sub-paragraph (1), and

(b)

at the end of that sub-paragraph insert—

“(2)

Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

(3)

A person may not be a co-opted member of the panel if the person is—

(a)

a member of staff of the fire and rescue authority, or

(b)

if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

(i)

transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

(ii)

appointed by the chief constable under section 4I(4) of that Act.”

(4)

In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—

“(3)

The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.”

(5)

After paragraph 32 insert—

“Duty to produce panel with fire and rescue expertise

32A

(1)

Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—

(a)

a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and

(b)

the area of the fire and rescue authority is the same as, or falls within, the police area.

(2)

Each person listed in sub-paragraph (3)—

(a)

must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and

(b)

if the person considers that the person could exercise such a function to that end, must do so.

(3)

Those persons are—

(a)

the panel,

(b)

a relevant local authority, and

(c)

the Secretary of State.

(4)

The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.”

93

In Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—

(a)

in sub-paragraph (1A) for “A person” substitute insert
Subject to sub-paragraph (1AA), a person
, and

(b)

after sub-paragraph (1A) insert—

“(1AA)

Where, under an order under section 4H of the Fire and Rescue Services Act 2004, functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person—

(a)

has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and

(b)

has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.”

Localism Act 2011 (c. 20)

94

(1)

The Localism Act 2011 is amended as follows.

(2)

In section 41(3)
(power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert
or (j)
.

(3)

In section 43(1)
(meaning of “relevant authority” for purposes of provisions on pay accountability)—

(a)

omit the “or” at the end of paragraph (h), and

(b)

at the end of paragraph (i) insert“, or

(j)

in relation only to sections 38, 40 and 41 and this section, a fire and rescue authority created by an order under section 4A of that Act.”

Public Service Pensions Act 2013 (c. 25)

95

In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—

“(aa)

the chief constable of the police force for a police area having been—

(i)

transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or

(ii)

appointed by the chief constable under section 4I(4) of that Act, or”.

Energy Act 2013 (c. 32)

96

In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3)
(local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—

“(da)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.

Local Audit and Accountability Act 2014 (c. 2)

97

(1)

The Local Audit and Accountability Act 2014 is amended as follows.

(2)

In Schedule 2 (relevant authorities) after paragraph 22 insert—

“22A

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”

(3)

In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7)
(duty of certain authorities to consider report or recommendation) for “or the Mayor’s Office for Policing and Crime” substitute
, the Mayor’s Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
.