Legalize / United Kingdom / Public General Act

Policing and Crime Act 2017

Type Public General Act

Publication 2017-01-31

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Emergency services collaboration

CHAPTER 1 — Collaboration agreements

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

1

(1) A collaboration agreement may be made by—

(a) one or more persons within a paragraph of subsection (2), and

(b) one or more persons within another paragraph of that subsection.

(2) Those persons are—

(a) an ambulance trust in England,

(b) a fire and rescue body in England, and

(3) A collaboration agreement is an agreement in writing that sets out how the parties to the agreement will work together in discharging their functions.

(4) Subsection (1) does not prevent a person other than a person listed in subsection (2) from being a party to a collaboration agreement.

(5) This section is subject to section 3 (collaboration agreements: specific restrictions).

(6) Section 4 makes further provision about collaboration agreements.

Independent Office for Police Conduct

2

(1) A relevant emergency service in England (“the relevant service”) must keep under consideration whether entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services.

(2) If the relevant service considers that entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services (“the proposed collaboration”), the relevant service must notify those other services of the proposed collaboration.

(3) The relevant service and the other services (“the proposed parties”) must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of the proposed parties.

(4) Subsection (5) applies if—

(a) a proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party), and

(b) at least one other proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party).

(5) Each proposed party which is of that view must give effect to the proposed collaboration, or give effect to it so far as it relates to that party, by entering into a collaboration agreement (if the party has power to do so).

(6) In the application of this section to a local policing body, references to the efficiency or effectiveness of that body include the efficiency or effectiveness of the police force it is responsible for maintaining.

(7) This section is subject to section 3 (collaboration agreements: specific restrictions).

Arrest elsewhere than at a police station: release before charge

3

(1) Section 2 does not require a relevant emergency service in England to enter into a collaboration agreement if the service is of the view that the proposed collaboration would have an adverse effect on public safety or otherwise have an adverse effect on its efficiency or effectiveness.

(2) Section 2 does not require an ambulance trust in England to enter into a collaboration agreement that would in the view of that trust have an adverse effect on—

(a) its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, or

(b) the health service in England (within the meaning of the National Health Service Act 2006).

(3) Section 2 applies to an ambulance trust in England only so far as it provides an emergency ambulance service.

(4) Subsection (5) applies where an ambulance trust in England is considering whether a proposed collaboration would be in the interests of the efficiency or effectiveness of the trust for the purposes of section 2.

(5) The ambulance trust must have particular regard to any effect that entering into a collaboration agreement pursuant to the proposed collaboration would have on—

(a) its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, and

(b) the health service in England (within the meaning of the National Health Service Act 2006).

(6) The London Fire Commissioner must consult the Mayor of London before entering into a collaboration agreement (unless the Mayor is a party to the agreement).

(7) A combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined authority is entitled to exercise.

(7A) A combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined county authority is entitled to exercise.

(8) An elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a fire and rescue authority that the mayor is entitled to exercise.

(9) An elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a police and crime commissioner that the mayor is entitled to exercise.

(10) A chief officer of police of a police force may not enter into a collaboration agreement unless the local policing body responsible for maintaining that police force also enters into the agreement.

(11) A local policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before entering into a collaboration agreement (unless that chief officer is a party to the agreement).

Collaboration agreements: supplementary

4

(1) A collaboration agreement may, in particular, make provision about the use, for the purposes of the agreement, of a power of a party to the agreement to—

(a) make arrangements for the exercise of the party's functions by another person, or

(b) exercise functions jointly with another person.

(2) A collaboration agreement may include provision for payments to be made by the parties to the agreement for the purposes of facilitating that agreement.

(3) A party to a collaboration agreement may do anything that is necessary or expedient for the purposes of facilitating the agreement.

(4) Subsection (3) is subject to any restriction imposed on a party by, or by virtue of, an enactment or rule of law.

(5) A collaboration agreement may not include provision for the delegation of a function where that function may not otherwise be delegated.

(6) The delegation of a function pursuant to a collaboration agreement does not affect the responsibility of any party to the agreement for the exercise of its functions.

(7) A collaboration agreement must make provision for a party to withdraw from the agreement where in the view of that party the agreement is no longer in the interests of its efficiency or effectiveness.

(8) A collaboration agreement may be—

(a) varied with the agreement of all of the parties to the agreement, or

(b) replaced by a subsequent collaboration agreement.

Licensing Act 2003: addition of further relevant offences

5

(1) This section has effect for the purposes of this Chapter.

(2) “Collaboration agreement” has the meaning given by section 1(3).

(3) “Relevant emergency service in England” means—

(a) an ambulance trust in England,

(b) a fire and rescue body in England, or

(4) “Ambulance trust in England” means—

(a) an NHS trust all or most of whose hospitals, establishments and facilities are in England and which provides ambulance services, or

(b) an NHS foundation trust which provides such services.

(5) “Fire and rescue body in England” means—

(a) a fire and rescue authority in England,

(b) a combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009, ...

(d) a combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023, or

(e) an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 30 of that Act.

(6) “Fire and rescue authority in England” has the same meaning as in the Fire and Rescue Services Act 2004.

(7) “Police body in England” means—

(a) a police and crime commissioner for a police area in England,

(b) a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(d) the Commissioner of Police of the Metropolis,

(e) the Common Council of the City of London in its capacity as police authority for the City of London police area,

(f) the Commissioner of Police for the City of London, or

(g) an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(8) “Chief officer” means—

(a) a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(b) the Commissioner of Police of the Metropolis, or

(9) “Local policing body” means—

(a) a police and crime commissioner for a police area in England,

(b) the Mayor's Office for Policing and Crime,

(d) an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(10) “The City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force.

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

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

6

Schedule 1 makes provision for a person who is the police and crime commissioner for an area to be the fire and rescue authority for that area.

Involvement of police and crime commissioner in fire and rescue authority

7

(1) The Local Government Act 1972 is amended in accordance with subsections (2) to (4).

(2) In section 102 (appointment of committees) after subsection (5) insert—

(6) Subsection (7) applies in relation to— (a) a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority, (b) a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or (c) a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions. (7) A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee. (8) If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (9) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee to which the commissioner is appointed in accordance with this section only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority. (10) Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to— (a) a committee or sub-committee appointed by a local authority, (b) a joint committee appointed by two or more local authorities, or (c) a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities. (11) For those purposes “relevant police and crime commissioner” means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or (b) all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.

(3) In Part 1 of Schedule 12 (meetings and proceedings of principal councils) after paragraph 6 insert—

(6ZA) (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority. (2) Sub-paragraph (1) applies— (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so. (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority— (a) paragraph 3(2); (b) paragraph 4(1A); (c) paragraph 5(3); (d) paragraph 6; (e) paragraph 39; (f) paragraph 40; (g) paragraph 41(3); (h) paragraph 43. (5) In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the principal council, or (b) all or part of whose area falls within the area of the principal council.

(4) In Part 1A of Schedule 12 (joint authorities etc) in paragraph 6B (application of Part 1) after “this Schedule” insert “ other than paragraph 6ZA ”.

(5) The Local Government Act 1985 is amended in accordance with subsections (6) and (7).

(6) In section 26 (metropolitan county fire and rescue authorities)—

(a) in subsection (3) for “Each” substitute “ Subject to subsection (5), each ”, and

(b) after subsection (4) insert—

(5) A metropolitan county fire and rescue authority may appoint a relevant police and crime commissioner to be a member of the authority. (6) An appointment under subsection (5) may only be made in response to a request by the relevant police and crime commissioner. (7) If a request under subsection (6) is made to a metropolitan county fire and rescue authority, the authority must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (8) In this section “relevant police and crime commissioner”, in relation to a metropolitan county fire and rescue authority, means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the authority, or (b) all or part of whose area falls within the area of the authority.

(7) In section 34 (chairman, vice-chairman and clerk of metropolitan county fire and rescue authority) in subsection (7) for the “and” at the end of paragraph (b) substitute—

(ba) if the chairman is a police and crime commissioner and the authority and the commissioner have agreed that the commissioner should cease to be a member of the authority, the date agreed by the authority and the commissioner as the date on which the commissioner's membership should cease; and

(8) In section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) after subsection (5) insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.