Legislation – Policing and Crime Act 2017
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 06 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.
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.
Changes and effects yet to be applied to Schedule 2 Part 2:
- specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2
SCHEDULE 2The London Fire Commissioner
Part 2Amendments to other Acts
Essex County Council Act 1952 (c. l)
18
In section 80 of the Essex County Council Act 1952 (precautions against fire) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Landlord and Tenant Act 1954 (c. 56)
19
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “, the London Fire and Emergency Planning Authority” substitute “
.
, the London Fire Commissioner
”
Local Government (Records) Act 1962 (c. 56)
20
The Local Government (Records) Act 1962 is amended as follows.
21
In section 2 (acquisition and deposit of records) in subsection (6)
(bodies to which section 2 applies) for “to the London Fire and Emergency Planning Authority,” substitute “
.
to the London Fire Commissioner,
”
22
In section 8(1)
(interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
London Government Act 1963 (c. 33)
23
The London Government Act 1963 is amended as follows.
24
In section 5(3)
(delegation of functions in Greater London) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
25
In section 75 (compensation for injury to or death of officers) in subsection (4)
(application to London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Local Government Act 1966 (c. 42)
26
In section 11 of the Local Government Act 1966 (grants for specified expenditure due to ethnic minority population) in subsection (2)
(bodies to which the section applies) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Leasehold Reform Act 1967 (c. 88)
27
The Leasehold Reform Act 1967 is amended as follows.
28
In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a)
(application to local authorities) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
29
(leases granted by specified local authorities: bodies to which the exclusion applies) for paragraph (bb) substitute—
“(bb)
the London Fire Commissioner;”.
Local Government Grants (Social Need) Act 1969 (c. 2)
30
In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3)
(meaning of “local authority”) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
31
In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Greater London Council (General Powers) Act 1969 (c. lii)
32
In section 30(ii) of the Greater London Council (General Powers) Act 1969 (savings for London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Local Authorities (Goods and Services) Act 1970 (c. 39)
33
In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4)
(interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Pensions (Increase) Act 1971 (c. 56)
34
(meaning of “local authority”) for sub-paragraph (ib) substitute—
“(ib)
the London Fire Commissioner;”.
Local Government Act 1972 (c. 70)
35
The Local Government Act 1972 is amended as follows.
36
“(2)
Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.”
37
(1)
Section 100J (application of provisions about access to meetings and documents) is amended as follows.
(2)
In subsection (1)
(bodies to which provisions about access to meetings and documents apply) omit paragraph (bb).
(3)
In subsection (2) omit “, (bb)”.
(4)
In subsection (3) omit “(bb),”.
(5)
Omit subsection (4A).
38
(1)
Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.
(2)
In subsection (13) omit “the London Fire and Emergency Planning Authority,”.
(3)
“(13A)
In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.”
39
In section 104 (disqualification for membership of committees and joint committees) omit subsection (5)
(application to the London Fire and Emergency Planning Authority).
40
In section 138 (powers of principal councils with respect to emergencies or disasters) in subsection (5)
(power of London Fire and Emergency Planning Authority to incur expenditure in connection with planning by principal councils) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
41
(other authorities to which provisions about prayer and other religious observance apply) for paragraph (d) substitute—
“(d)
the London Fire Commissioner but only for the purposes of section 138B;”.
42
“(4)
This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.”
43
(1)
Section 146A (application of miscellaneous provisions about local authorities to other authorities) is amended as follows.
(2)
In subsection (1)—
(a)
for “or (1ZE)” substitute “
, and
, (1ZE) or (1ZF)
”
(b)
for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
(3)
In subsection (1ZC) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
(4)
“(1ZF)
The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.”
44
In section 175 (allowances for attending conferences and meetings) in subsection (3B)
(application to the London Fire and Emergency Planning Authority etc) for “the London Fire and Emergency Planning Authority, an economic prosperity board, a combined authority or” substitute “
.
an economic prosperity board, a combined authority or
”
45
In section 176 (payment of expenses of official and courtesy visits) in subsection (3)
(application to the London Fire and Emergency Planning Authority etc)—
(a)
after “board,” insert “
, and
and
”
(b)
omit “and the London Fire and Emergency Planning Authority”.
46
In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2)
(application to the London Fire and Emergency Planning Authority etc) for “and the London Fire and Emergency Planning Authority” substitute “
.
and the London Fire Commissioner
”
47
“244AApplication of this Part to the London Fire Commissioner
This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.”
Employment Agencies Act 1973 (c. 35)
48
“(fh)
the exercise by the London Fire Commissioner of any of the Commissioner’s functions;”.
Local Government Act 1974 (c. 7)
49
“(cza)
the London Fire Commissioner;”.
Health and Safety at Work etc Act 1974 (c. 37)
50
In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) for “and the London Fire and Emergency Planning Authority” substitute “
.
and the London Fire Commissioner
”
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
51
In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in the definition of “local authority”—
(a)
in paragraph (a) for “and the London Fire and Emergency Planning Authority” substitute “
, and
and the London Fire Commissioner
”
(b)
in paragraph (c) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Rent (Agriculture) Act 1976 (c. 80)
52
“(bbb)
the London Fire Commissioner;”.
Rent Act 1977 (c. 42)
53
“(cc)
the London Fire Commissioner;”.
London Hydraulic Power Act 1977 (c. xi)
54
In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of intention to use new pipeline) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Protection from Eviction Act 1977 (c. 43)
55
In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Local Government, Planning and Land Act 1980 (c. 65)
56
The Local Government, Planning and Land Act 1980 is amended as follows.
57
(authorities to which the duty applies) for paragraph (kb) substitute—
“(kb)
the London Fire Commissioner;”.
58
(authorities to which provisions as to associated bodies apply) for paragraph (f) substitute—
“(f)
the London Fire Commissioner.”
59
(authorities who may make representations about directions) for paragraph (dbb) substitute—
“(dbb)
the London Fire Commissioner;”
60
In section 100 (interpretation and extent of Part 10) in subsection (1)(a)
(meaning of “subsidiary”) for “, the London Fire and Emergency Planning Authority” substitute “
.
, the London Fire Commissioner
”
61
“5BB
The London Fire Commissioner.”
Acquisition of Land Act 1981 (c. 67)
62
The Acquisition of Land Act 1981 is amended as follows.
63
(interpretation) in the definition of “local authority” for paragraph (a1) substitute—
“a1
the London Fire Commissioner;”.
64
In section 17(4)
(local authority and statutory undertakers’ land: interpretation) in paragraph (a) of the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
65
The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
66
In section 33 (enforceability by local authorities of specified covenants relating to land) in subsection (9)(a)
(meaning of “principal council”) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
67
(interpretation) in the definition of “local authority” for paragraph (f) substitute—
“(f)
the London Fire Commissioner;”.
68
(local authorities to which section applies) for paragraph (d) substitute—
“(d)
the London Fire Commissioner.”
County Courts Act 1984 (c. 28)
69
In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Local Government Act 1985 (c. 51)
70
The Local Government Act 1985 is amended as follows.
71
“(a)
the London Fire Commissioner;”.
72
In Schedule 11 (police and fire services) in paragraph 2(4)
(references to the Metropolitan Board of Works in the Metropolitan Fire Brigade Act 1985 to be construed as references to the London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Housing Act 1985 (c. 68)
73
In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) for “and the London Fire and Emergency Planning Authority” in both places substitute “
.
and the London Fire Commissioner
”
Housing Associations Act 1985 (c.69)
74
In section 106(1) of the Housing Associations Act 1985 (minor definitions – general) in the definition of “local authority”—
(a)
for “, a combined authority established under section 103 of that Act” substitute “
,
and a combined authority established under section 103 of that Act
”
(b)
omit “and the London Fire and Emergency Planning Authority”, and
(c)
omit “the London Fire and Emergency Planning Authority,”
(in the second place).
Landlord and Tenant Act 1985 (c.70)
75
In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” for “and the London Fire and Emergency Planning Authority” substitute “
.
and the London Fire Commissioner
”
Local Government Act 1986 (c. 10)
76
The Local Government Act 1986 is amended as follows.
77
(meaning of “local authority” for the purposes of Part 2) for the entry relating to the London Fire and Emergency Planning Authority substitute—
“the London Fire Commissioner,”.
78
(meaning of “local authority” for the purposes of Part 3) for the entry relating to the London Fire and Emergency Planning Authority substitute—
“the London Fire Commissioner,”.
Landlord and Tenant Act 1987 (c.31)
79
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a)
(local authorities) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Local Government Act 1988 (c. 9)
80
“The London Fire Commissioner.”
Housing Act 1988 (c. 50)
81
The Housing Act 1988 is amended as follows.
82
(transfer of land etc to housing action trusts: meaning of “local authority”) for paragraph (g) substitute—
“(g)
the London Fire Commissioner.”
83
(local authority tenancies: meaning of “local authority”) for paragraph (ee) substitute—
“(ee)
the London Fire Commissioner;”.
Road Traffic Act 1988 (c. 52)
84
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Local Government and Housing Act 1989 (c. 42)
85
The Local Government and Housing Act 1989 is amended as follows.
86
In section 1(9)
(meaning of politically restricted post under a local authority) for “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”
(as inserted by paragraph 61 of Schedule 1) substitute “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 and every member of staff of the London Fire Commissioner”.
87
(1)
Section 4 (designation and reports of head of paid service) is amended as follows.
(2)
(as inserted by paragraph 62(2) of Schedule 1) insert—
“(ab)
in the case of the London Fire Commissioner, to the Commissioner;”.
(3)
(as inserted by paragraph 62(3) of Schedule 1) insert—
“(5C)
It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner’s paid service and to do so no later than three months after the Commissioner is sent a copy of the report.”
(4)
In subsection (6)(a) for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”
(as inserted by paragraph 62(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.
88
(1)
Section 5 (designation and reports of monitoring officer) is amended as follows.
(2)
(as inserted by paragraph 63(2) of Schedule 1) insert—
“(ab)
in the case of the London Fire Commissioner, to the Commissioner;”.
(3)
(as inserted by paragraph 63(3) of Schedule 1) insert—
“(ib)
in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;”.
(4)
In subsection (8) in paragraph (a) of the definition of “relevant authority” for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”
(as inserted by paragraph 63(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.
89
(1)
Section 21 (interpretation of Part 1) is amended as follows.
(2)
In subsection (1)(i) omit “or the London Fire and Emergency Planning Authority”.
(3)
(as inserted by paragraph 64 of Schedule 1) insert—
“(1C)
In the following provisions of this Part references to a local authority include the London Fire Commissioner—
(a)
section 7 (all staff to be appointed on merit), and
(b)
section 10 (limit on paid leave for local authority duties).
(1D)
In the application of section 1(1) to the London Fire Commissioner by virtue of subsection (1C) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining the London Fire Commissioner.”
90
(meaning of “relevant authority” for the purposes of sections 150 and 151) for paragraph (n) substitute—
“(n)
the London Fire Commissioner.”
91
(emergency financial assistance to local authorities: expenditure treated as incurred by Greater London Authority) for paragraph (a) substitute—
“(a)
the London Fire Commissioner,”.
Town and Country Planning Act 1990 (c. 8)
92
The Town and Country Planning Act 1990 is amended as follows.
93
In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
94
(interpretation) in the definition of “local authority” for paragraph (ab) substitute—
“(ab)
the London Fire Commissioner;”.
95
In Schedule 14 (procedure for footpaths and bridleways orders) in paragraph 1(3)
(meaning of “council” in provisions about notices) for “, the London Fire and Emergency Planning Authority,” substitute “
.
, the London Fire Commissioner,
”
London Local Authorities Act 1991 (c. xiii)
96
The London Local Authorities Act 1991 is amended as follows.
97
In section 7 (licensing of special treatment premises: duty to notify London Fire and Emergency Planning Authority of application) for “the London Fire and Emergency Planning Authority” in each place substitute “
.
the London Fire Commissioner
”
98
In section 15(1)
(powers of entry) for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Local Government (Overseas Assistance) Act 1993 (c. 25)
99
(other bodies) for paragraph (dd) substitute—
“(dd)
the London Fire Commissioner;”
London Local Authorities Act 1995 (c. x)
100
In section 2 of the London Local Authorities Act 1995 (interpretation) in paragraph (b) of the definition of “the fire and rescue authority” for “the London Fire and Emergency Planning Authority” substitute “
.
the London Fire Commissioner
”
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
101
“(k)
the London Fire Commissioner.”
Channel Tunnel Rail Link Act 1996 (c. 61)
102
In Schedule 3 to the Channel Tunnel Rail Link Act 1996 (highways) in paragraph 2(11)
(definition of local authority) for “the London Fire and Emergency Planning Authority,” substitute “
.
the London Fire Commissioner,
”
Crime and Disorder Act 1998 (c. 37)
103
The Crime and Disorder Act 1998 is amended as follows.
104
(authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” for paragraph (c) substitute—
“(c)
the London Fire Commissioner.”
105
(duty to consider crime and disorder implications: authorities to which duty applies) for the entry relating to the London Fire and Emergency Planning Authority substitute—
“the London Fire Commissioner;”.
106
(disclosure of information: meaning of relevant authority) for paragraph (h) substitute—
“(h)
the London Fire Commissioner;”.
Local Government Act 1999 (c. 27)
107
“(f)
the London Fire Commissioner;”.
Freedom of Information Act 2000 (c. 36)
108
“20
The London Fire Commissioner.”
Courts Act 2003 (c. 39)
109
(1)
Section 41 of the Courts Act 2003 (disqualification of lay justices who are members of local authorities) is amended as follows.
(2)
“(d)
the London Fire Commissioner,”.
(3)
“(7)
In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.”
Fire and Rescue Services Act 2004 (c. 21)
110
The Fire and Rescue Services Act 2004 is amended as follows.
111
In section 1(2)
(fire and rescue authorities in England) in paragraph (c) for “London Fire and Emergency Planning Authority” substitute “
.
London Fire Commissioner
”
112
(powers of specified fire and rescue authorities: authorities to which the section applies) for paragraph (b) substitute—
“(b)
the London Fire Commissioner,”.
113
“(5A)
Section 5A(1) does not authorise the London Fire Commissioner to enter into a contract to which this subsection applies without the consent of the Mayor of London.
(5B)
Subsection (5A) applies to a contract if—
(a)
the Mayor of London has notified the London Fire Commissioner that the Commissioner requires the Mayor’s consent before entering into a contract of a kind specified in the notification, and
(b)
the contract is of that kind.”
Local Government and Public Involvement in Health Act 2007 (c. 28)
114
(meaning of “fire and rescue authority”) for paragraph (c) substitute—
“(c)
the London Fire Commissioner.”
Crossrail Act 2008 (c. 18)
115
(local authorities which must be notified of proposed stopping-up) for paragraph (c) substitute—
“(c)
the London Fire Commissioner,”.
Equality Act 2010 (c. 15)
116
“The London Fire Commissioner,”.
Police Reform and Social Responsibility Act 2011 (c. 13)
117
(as inserted by paragraph 90 of Schedule 1) insert—
“(12)
A person is disqualified from being elected as, or being, police and crime commissioner if the person—
(a)
is the London Fire Commissioner, or
(b)
is a member of the staff of the London Fire Commissioner.”
Localism Act 2011 (c. 20)
118
The Localism Act 2011 is amended as follows.
119
In section 27 (duty to promote and maintain high standards of conduct) in subsection (6)
(meaning of “relevant authority”) omit paragraph (g)
(the London Fire and Emergency Planning Authority).
120
(meaning of “relevant authority” for purposes of provisions on pay accountability) for paragraph (g) substitute—
“(g)
in relation only to sections 38, 40 and 41 and this section, the London Fire Commissioner,”.
Energy Act 2013 (c. 32)
121
(local authorities and water authorities: interpretation) in the definition of “local authority” for paragraph (e) substitute—
“(e)
the London Fire Commissioner,”.
Local Audit and Accountability Act 2014 (c. 2)
122
(1)
The Local Audit and Accountability Act 2014 is amended as follows.
(2)
(bodies to which provisions apply) for paragraph (f) substitute—
“(f)
the London Fire Commissioner,”.
(3)
In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7)
(duty of specified authorities to consider report or recommendation)
(as amended by paragraph 97 of Schedule 1) for “or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” substitute “
.
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 or the London Fire Commissioner
”
Consequential repeals
123
In consequence of the amendments made by this Schedule the following provisions are repealed—
(a)
sections 25, 26 and 27 of the Greater London Authority Act 2007;
(b)
paragraph 8(6) of Schedule 3 to the Local Government and Public Involvement in Health Act 2007.