English Devolution and Community Empowerment Act 2026

Schedule 10A (1) In this Schedule— - “the Area”, in relation to the Mayor, means the police area in relation to which the Mayor is to exercise functions of a police and crime commissioner; and, in a case where a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023), this Schedule applies separately in relation to each of those police areas and “the Area” is to be read accordingly; - “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; - “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; - “the Mayor” means a mayor for the area of a combined authority or combined county authority who is to exercise functions of a police and crime commissioner in relation to an area by virtue of— section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or section 33(1A) of the Levelling-up and Regeneration Act 2023; - “the PCC functions” means the functions of a police and crime commissioner which the Mayor is to exercise by virtue of this Schedule; - “police and crime commissioner enactment” means any of the following enactments (whenever passed or made)— any enactment that is contained in, or is made under, Part 1 of this Act; any other enactment that has effect in relation to police and crime commissioners; - “the Strategic Authority” means the combined authority or combined county authority for whose area the Mayor is the mayor; - “the transfer time” means the time specified in— the order under section 107F(5)(a) of the Local Democracy, Economic Development and Construction Act 2009, or the regulations under section 33(5)(a) of the Levelling-up and Regeneration Act 2023, at which the Mayor is to begin exercising functions of a police and crime commissioner in relation to the Area. (2) (1) There is to be no police and crime commissioner for the Area from the transfer time. (2) The term of office of the police and crime commissioner for the Area is to continue until the transfer time. (3) Any election of a police and crime commissioner for the Area that would otherwise take place by virtue of section 50(1)(b)— (a) during the period of six months ending with the transfer day, or (b) after the transfer day, is not to take place. (4) Any election to fill a vacancy in the office of police and crime commissioner for the Area which would otherwise take place under section 51 is not to take place if the vacancy occurs within the period of six months ending with the transfer day. (5) In this paragraph “transfer day” means the day on which the transfer time falls. (3) (1) The Mayor— (a) is to exercise functions of a police and crime commissioner in relation to the Area, and (b) is to be treated, in relation to the Mayor's PCC functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments. (2) That is subject to the following provisions of this paragraph. (3) In their application to the Mayor, a police and crime commissioner enactment set out in Part 4 or 5 of this Schedule applies with the modifications set out in that Part. (4) Sub-paragraph (1) does not apply to the enactments set out in Part 6 of this Schedule. (5) Sub-paragraph (1) is subject to regulations made under Part 7 of the Schedule (which enables regulations to modify or disapply police and crime commissioner enactments not contained in Acts). (6) Any PCC function exercisable by the Mayor is to be taken to be a function of the Strategic Authority exercisable— (a) by the Mayor acting individually, or (b) by a person acting under arrangements with the mayor made in accordance with this Act as it has effect in accordance with this Schedule. (4) The following police and crime commissioner enactments contained in this Act have effect subject to the following modifications. (5) Section 5 (police and crime commissioners to issue police and crime plans) has effect as if— (a) in subsection (1), for “ordinary election” there were substituted “election for the return of a Mayor”; (b) in subsection (13)— (i) in the definition of “financial year”, for “the police and crime commissioner” there were substituted “the Strategic Authority”; (ii) the definition of “ordinary election” were omitted. (6) Section 7(7) (police and crime plans) has effect as if— (a) in the definition of “financial year”, for “the elected local policing body” there were substituted “the Strategic Authority”; (b) the definition of “ordinary election” were omitted; (c) in the definitions of “planning period” and “qualifying day”, for “ordinary election” there were substituted “election for the return of a Mayor”. (7) Section 16 (appointment of persons not employed by elected local policing bodies) has effect as if— (a) for subsection (1) there were substituted— (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 Strategic Authority; or (b) to designate a person as having specified duties or responsibilities. (b) in subsection (2), for “the body” there were substituted “the Strategic Authority”. (8) Section 18 (delegation of functions by police and crime commissioners) has effect as if— (a) for each reference to “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime”; (b) for subsection (1) there were substituted— (1) The Mayor must— (a) appoint a person as the deputy mayor for policing and crime for the Area, and (b) arrange for the deputy mayor for policing and crime to exercise one or more of the Mayor’s PCC functions. (c) in subsection (6)— (i) after paragraph (d) there were inserted— (da) a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023; (ii) after paragraph (h), there were inserted— (i) the Strategic Authority; (j) a person who is the deputy mayor for policing and crime for a different police area. (d) in subsection (7)— (i) for paragraph (f) there were substituted— (f) calculating the PCC component council tax requirement. (ii) paragraphs (g) and (h) were omitted; (e) for subsection (10) there were substituted— (10) The deputy mayor for policing and crime is a member of staff of the Strategic Authority, unless they are a member of the Strategic Authority. (9) Section 21 (police fund) has effect as if after subsection (3) there were inserted— (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. (3B) Where— (a) the Mayor— (i) has PCC functions in relation to the Area, and (ii) also has functions of a police and crime commissioner in relation to another police area, and (b) the police force for the Area (“police force A”) is provided with assistance by the police force for the other police area (“police force B”), the Mayor must ensure that such amount in respect of the assistance as the mayor thinks appropriate is paid from the police fund of police force A to the police fund of police force B. (10) Section 28 (police and crime panels outside London) has effect as if— (a) subsections (1A) and (1B) were omitted; (b) in subsection (6)(a), after “police and crime commissioner” there were inserted “, 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”. (11) Section 29 (power to require attendance and information) has effect as if— (a) for subsection (1) there were substituted— (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 Strategic Authority deployed wholly or partly in relation to the Mayor’s PCC functions, and (d) any members of the Strategic 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) there were substituted— (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 Strategic Authority who exercises any function of the Mayor pursuant to arrangements made under section 18. (c) for subsection (5) there were substituted— (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” there were inserted “or the deputy mayor for policing and crime”. (12) Section 30 (suspension of police and crime commissioner) has effect as if— (a) in subsection (1), for “relevant police and crime commissioner” there were substituted “Mayor so far as acting in the exercise of PCC functions”; (b) for subsection (3) there were substituted— (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. (13) Section 31(3) (conduct) has effect as if for paragraphs (b) to (d) there were substituted— (b) deputy mayor for policing and crime. (14) Section 62 (appointment of acting commissioner) has effect as if— (a) for subsection (1) there were substituted— (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” there were substituted “member of staff of the Strategic 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), there were inserted— (2A) The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023. (d) subsection (3) were omitted; (e) for subsection (5) there were substituted— (5) Any property or rights vested in the Strategic Authority in relation to the Mayor’s PCC functions can be dealt with by the acting commissioner. (f) subsection (6)(c) were omitted; (g) in subsection (7) the following were omitted— (i) “incapacitated or”; (ii) “(c) or”; (h) subsection (8) were omitted. (15) This Act has effect as if for section 63 (vacancy where acting commissioner acts for 6 months) there were substituted— (63) (1) This section applies where— (a) the deputy mayor is appointed under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023 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. (16) Section 64 has effect as if— (a) after subsection (1) there were inserted— (1ZA) If a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023)— (a) subsection (1)(b) does not apply; but (b) a person is disqualified from being elected to the office of police and crime commissioner for any of those police areas at any election unless, on each relevant day, the person is a local government elector in at least one of those police areas; and for that purpose a person is “a local government elector in” a police area if the person is registered in the register of local government electors for an electoral area in respect of an address in that police area. (b) for subsections (3) to (4A) (disqualification from election as police and crime commissioner) there were substituted— (3) A person is disqualified from being elected as the Mayor 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 to fill a casual vacancy 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. (17) Section 65 (disqualification from election or holding office as police and crime commissioner: police grounds) has effect as if— (a) in subsection (1)(e), there were inserted after paragraph (ii)— (iii) the Strategic Authority; (b) for subsection (1A) there were substituted— (1A) Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime from being elected as mayor of the strategic authority— (a) at an election other than an election to fill a casual vacancy; (b) at an election to fill a casual vacancy 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. (18) Section 70 (declaration of acceptance of office of police and crime commissioner) has effect as if— (a) for subsection (1), there were substituted— (1) A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made a declaration in a form specified in an order made by the Secretary of State to the appropriate officer. (b) subsection (2) were omitted; (c) in subsection (5), for the first reference to “office” there were substituted “the duty of exercising police and crime commissioner functions as Mayor”; (d) subsections (6) and (7) were omitted; (e) at the end there were inserted— (8) In this section “appropriate officer” means the person designated as the head of paid service by the Strategic Authority under section 4(1)(a) of the Local Government and Housing Act 1989. (19) Schedule 1 (police and crime commissioners) has effect as if— (a) for paragraph 1 there were substituted— (1) This Schedule applies in relation to the Mayor in the exercise of PCC functions. (b) for paragraph 4 there were substituted— (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 the Area, and (b) amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for the Area, 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” there were substituted “paragraph”; (d) in paragraph 8— (i) for each reference to “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime”; (ii) for sub-paragraphs (3) and (3A) there were substituted— (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. (4) 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) there were substituted— (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” there were substituted “election for the return of a Mayor”; (g) for paragraph 13 there were substituted— (13) (1) The Mayor may pay— (a) remuneration, allowances and gratuities to members of the Strategic 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 Strategic Authority. (2) The Mayor may pay— (a) pensions to, or in respect of, persons who have been members of the Strategic 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 Strategic 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 Strategic 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 Strategic 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) there were substituted— (2) A person who is— (a) a member of staff of the Strategic Authority deployed wholly or partly in relation to the Mayor’s PCC functions, or (b) a member of the Strategic 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 Strategic Authority, unless it is shown to have been done otherwise than in good faith. (i) for paragraph 16 there were substituted— (16) References to the financial year of the Mayor are to be read as if they were references to the financial year of the Strategic Authority. (20) Schedule 5 (issuing precepts) has effect as if— (a) in paragraph 1— (i) for sub-paragraph (1) there were substituted— (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) there were substituted— (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” there were substituted “the proposed amount of the PCC component”; (c) in paragraph 3(3), for “the precept that should be issued” there were substituted “the amount of the PCC component”; (d) in paragraph 4(3), for “precept for the financial year” there were substituted “PCC component for the financial year”; (e) in paragraph 5(3)— (i) in paragraph (a), for “issue the proposed precept as the precept” there were substituted “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” there were substituted “determine a different PCC component”; (f) in paragraph 6(2), for “issue the proposed precept as the precept” there were substituted “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” there were substituted “determining the amount of the PCC component”; (ii) in sub-paragraph (4), for “precept that may be issued” there were substituted “amount of the PCC component”. (21) Schedule 6 (police and crime panels) has effect as if— (a) for paragraph 21 there were substituted— (21) The Mayor, a member of the Strategic 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” there were substituted “Strategic Authority”; (c) in paragraph 33, after sub-paragraph (1) there were inserted— (1A) But this paragraph does not apply if the elected Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils. (d) in paragraph 34, after sub-paragraph (1) there were inserted— (1A) But this paragraph does not apply if the current Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils. (22) Schedule 7 (regulations about complaints and conduct matters) has effect as if— (a) in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” there were substituted “deputy mayor for policing and crime (unless the holder of that office is a member of the Strategic Authority)”; (b) for paragraph 4 there were substituted— (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 Strategic 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 Strategic Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011. (23) Schedule 8 (appointment, suspension and removal of senior police officers) has effect as if— (a) for paragraph 4(10) there were substituted— (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) there were substituted— (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. (24) (1) The Police (Property) Act 1897 is modified as follows. (2) Section 2(2A) (regulations with respect to unclaimed property in possession of police), has effect as if for the last reference to “relevant body” there were substituted “Combined Authority”. (25) (1) The Trustee Investments Act 1961 is modified as follows. (2) Paragraph 9 of Part 2 of the First Schedule (manner of investment), has effect as if for “similar officer of the authority” there were substituted “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”. (26) (1) The Pensions (Increase) Act 1971 is modified as follows. (2) Paragraph 51(aa) of Schedule 2 (official pensions: court and police staff), has effect as if for “a police and crime commissioner” there were substituted “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”. (27) (1) The Local Government (Miscellaneous Provisions) Act 1976 is modified as follows. (2) Section 29(1) (repayment of unclaimed compensation etc. paid into court), has effect as if for “or transferred to the authority” there were substituted “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”. (3) Section 30(3)(a) (power to forgo repayment of advances of remuneration paid to deceased employees), has effect as if for “maintained by a local authority” there were substituted “maintained by the Mayor of the Combined Authority”. (4) Section 44(1) (interpretation etc. of Part I), has effect as if in paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” there were substituted “13, 14, 16, 29 and 38”. (28) (1) The Local Government, Planning and Land Act 1980 is modified as follows. (2) Section 99 (directions to dispose of land – supplementary) has effect as if— (a) after subsection (2) there were inserted— (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. (b) in subsection (4)— (i) in paragraph (dbzb) at the end there were inserted “or, as the case may be, the Mayor”; (ii) paragraph (dc) were omitted. (29) (1) The Dartford-Thurrock Crossing Act 1988 is modified as follows. (2) Section 19(a)(i) (exemption from tolls) has effect as if for “a local policing body” there were substituted “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”. (30) (1) The Local Government Finance Act 1988 is modified as follows. (2) Section 114 (functions of responsible officer as regards reports) has effect as if— (a) for subsection (4)(b)(i) there were substituted— (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), for “relevant authority” there were substituted “Mayor”. (3) Section 115 (authority’s duties as regards reports) has effect as if— (a) for subsection (1B) there were substituted— (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” there were substituted “the Mayor”; (ii) for “that body”, in each place it occurs, there were substituted “the Mayor”; (c) in subsection (1F)(b), for “elected local policing body’s” there were substituted “Combined Authority’s”; (d) in subsection (2), for “an elected local policing body” there were substituted “a Combined Authority in relation to a Mayor exercising PCC functions”. (4) Section 116 has effect as if for subsection (2B) (information about consideration of reports etc.) there were substituted— (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. (31) (1) The Road Traffic Act 1988 is modified as follows. (2) Section 144(2)(b) (exceptions from requirement of third-party insurance) has effect as if— (a) for “a local policing body” there were substituted “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)” there were substituted “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”. (32) (1) The Local Government and Housing Act 1989 is modified as follows. (2) Section 1 (disqualification and political restriction of certain officers and staff) has effect as if— (a) in subsection (9), for “an elected local policing body” there were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”; (b) in subsection (10), for “an elected local policing body does not include a deputy police and crime commissioner” there were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”. (3) Section 4 (designations and reports of head of paid service) has effect as if— (a) subsections (1) and (1A) were omitted; (b) for subsection (4) there were substituted— (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), “(other than an elected local policing body)” were omitted; (d) in subsection (5A), for “by the head of the body’s paid service” there were substituted “that relates to the Mayor’s PCC functions”. (4) Section 5 (designation and reports of monitoring officer) has effect as if— (a) subsection (1C) were omitted; (b) for subsection (3)(b)(a) there were substituted— (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” there were substituted “the Mayor”; (ii) in paragraph (a) in sub-paragraph (i), “in the case of an elected local policing body” were omitted; (iii) sub-paragraph (ii) were omitted; (d) in subsection (8), in the definition of “relevant authority”, “an elected local policing body” were omitted. (5) Omit section 7(1)(aa) (all staff to be appointed on merit). (6) Omit section 13(5ZA) (voting rights of members of certain committees: England and Wales). (33) (1) The Police Act 1996 is modified as follows. (2) Section 22A(9)(a) (collaboration agreements) has effect as if for “that body” there were substituted “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”. (3) Section 41 (directions as to minimum budget) has effect as if— (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)” there were substituted “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” there were substituted “determination by the Mayor of the final amount of the PCC component”. (4) Section 53E (guidance about civilian staff employed by local policing bodies and chief officers) has effect as if— (a) in subsection (1)(a), for “a local policing body” there were substituted “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” there were substituted “the Combined Authority”. (5) Section 88 (liability for wrongful acts of constables) has effect as if— (a) in subsection (5A), for the first reference to “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”; (b) in subsection (6)(a), for “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”. (6) Section 92(1) (grants by local authorities) has effect as if for “parish or community” there were substituted “parish, community or Combined Authority”. (7) Section 96(1B) (arrangements for obtaining the views of the community on policing), has effect as if for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” there were substituted “PCC component is determined by the Mayor”. (34) (1) The Proceeds of Crime Act 2002 is modified as follows. (2) Section 55(8) has effect as if for paragraph (aa) (sums received by designated officer) there were substituted— (aa) a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions, (35) (1) The Police Reform Act 2002 is modified as follows. (2) Section 40(7)(d) (community safety accreditation schemes) has effect as if for “local policing body” there were substituted “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”. (3) Section 42(7) (supplementary provisions relating to designations and accreditations) has effect as if— (a) for the first reference to “local policing body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”; (b) for the second reference to “local policing body” there were substituted “Combined Authority”; (c) for “or body” there were substituted “or Combined Authority”. (36) (1) The Local Government Act 2003 is modified as follows. (2) Section 7 (credit arrangements) has effect as if— (a) in subsection (1)(a), for “its part” there were substituted “the part of the Combined Authority”; (b) in subsection (2), for “on the part of the authority” there were substituted “on the part of the Combined Authority”. (37) (1) The Railways and Transport Safety Act 2003 is modified as follows. (2) Paragraph 7(2) of Schedule 4 (British Transport Police Authority) has effect as if for paragraph (c) there were substituted— (c) a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions, (38) (1) The Local Government and Public Involvement in Health Act 2007 is modified as follows. (2) Section 15(1) (incidental etc provision in orders or regulations) has effect as if for paragraph (a) there were substituted— (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; (39) (1) The Local Democracy, Economic Development and Construction Act 2009 is modified as follows. (2) Paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections) has effect as if for “or deputy mayor” there were substituted “, deputy mayor or deputy mayor for policing and crime”. (40) (1) The Local Audit and Accountability Act 2014 is modified as follows. (2) Schedule 4 (further provisions about auditor panels) has effect as if— (a) for paragraph 2(4)(a) there were substituted— (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) there were substituted— (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. (41) Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes). (42) The following provisions of the Local Government Act 1972— (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). (43) 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.). (44) Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.). (45) Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 (land held by public bodies). (46) 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 1982. (47) Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers). (48) Section 60 of the County Courts Act 1984 (right of audience). (49) The following provisions of the Housing Act 1985— (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). (50) Section 38 of the Landlord and Tenant Act 1985 (minor definitions). (51) Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent). (52) Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords). (53) Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration). (54) Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies). (55) Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities). (56) Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases). (57) Section 94 of the Police Act 1996 (financing of new police and crime commissioners). (58) Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities). (59) Sections 21 and 22 of the Local Government Act 2003 (accounts). (60) The following provisions of the Fire and Rescue Services Act 2004— (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). (61) The following provisions of this Act— (a) section 1(1) to (4) (police and crime commissioners); (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). (62) Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities). (63) The following provisions of the Policing and Crime Act 2017— (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). (64) (1) This section applies to any police and crime commissioner enactment that is not contained in an Act of Parliament. (2) The Secretary of State may, by regulations— (a) modify the enactment in its application in relation to the mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner; (b) provide that the enactment does not apply in relation to the mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner. (65) Section 86 of the Local Government Act 1972 (declaration by local authority of vacancy in office in certain cases) applies in relation to the Mayor as if, after section 86(1)(c), there were inserted 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,

Schedule 25 — Fire and rescue authorities

Part 1 — Amendment of FRSA 2004

Introduction

1

FRSA 2004 is amended in accordance with this Part of this Schedule.

Power to create combined fire and rescue authorities

2

• (1) Section 2 is amended in accordance with this paragraph.

• (2) In subsection (2) for “only if it appears” substitute “only if condition A or B is met.

(2A) Condition A: it appears

• (3) After subsection (2A) (created by sub-paragraph (2) above) insert—

(2B) Condition B: the scheme— (a) is made in consequence of an order under section 1A, and (b) provides for a combined area that is wholly in England and is outside Greater London. (2C) Subsections (3) to (5), (8)(a), (9)(a), (c) and (d) do not apply to a scheme made where condition B is met.

• (4) After subsection (11) insert—

(11A) This section is subject to section 1(2A).

Combined authorities under the Fire Services Act 1947

3

In section 4, after subsection (7) insert—

(7A) This section is subject to section 1(2A).

Provision about mayoral combined authorities or CCAs that are fire and rescue authorities

4

• (1) In section 1 (fire and rescue authorities), after subsection (2B) (inserted by section 48 of this Act) insert—

(2C) Schedule ZA1 makes provision about mayoral combined authorities or CCAs that are fire and rescue authorities.

• (2) Before Schedule A1 insert—

Schedule ZA1 (1) (1) In this Schedule— - “community risk management plan” means a document issued by an FRA’s mayor which— is prepared and published in accordance with the Fire and Rescue National Framework, and sets out for the period covered by the document— the mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority, and an assessment of all foreseeable fire and rescue related risks that could affect the mayoral FRA’s area; - “FRA’s mayor” means the mayor for the area of a mayoral FRA; - “mayoral FRA” means a mayoral combined authority or mayoral CCA which is a fire and rescue authority by virtue of section 1(2)(f) or (g); - “priorities and objectives” means a mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority which it is required to set out in the community risk management plan; - “relevant scrutiny body”, in relation to a mayoral FRA, has the meaning determined in accordance with sub-paragraphs (2) to (5). (2) The “relevant scrutiny body” is the overview and scrutiny committee of the mayoral combined authority or mayoral CCA which is the fire and rescue authority. (3) Where the authority or CCA has more than one overview and scrutiny committee, the authority or CCA must decide which of the committees is to exercise the functions of the relevant scrutiny body. (4) But sub-paragraphs (2) and (3) do not apply in a case where— (a) the FRA’s mayor also exercises functions of police and crime commissioner in relation to the area for which the mayoral FRA is the fire and rescue authority, and (b) immediately before the mayoral FRA became the fire and rescue authority for that area, an authority created by an order under section 4A was the fire and rescue authority for that area. (5) In that case, the “relevant scrutiny body” is the police and crime panel for that area (see, in particular, section 28 of the Police Reform and Social Responsibility Act 2011 as it has effect in accordance with paragraph 10 of Schedule 10A to that Act). (2) (1) This paragraph applies to— (a) the issuing of a community risk management plan, and (b) the variation of priorities and objectives set out in a community risk management plan. (2) The FRA’s mayor must— (a) consult the chief fire officer in preparing a draft of the plan or variation; (b) send the priorities and objectives in the draft plan or draft variation to the relevant scrutiny body; (c) have regard to any report or recommendations made by the relevant scrutiny body in relation to those priorities and objectives; and (d) as soon as reasonably practicable— (i) give the relevant scrutiny body a response to any such report or recommendations, and (ii) publish the response in such manner as the FRA’s mayor considers appropriate. (3) The FRA’s mayor must ensure that the relevant scrutiny body has a reasonable amount of time to— (a) consider the priorities and objectives sent to it in accordance with sub-paragraph (2)(b), and (b) produce a report or recommendations. (4) The FRA’s mayor must consult the chief fire officer before issuing or varying a community risk management plan if, and to the extent that, the priorities and objectives in the plan or variation are different from those in the draft on which the chief fire officer was consulted in accordance with sub-paragraph (2)(a). (5) If the FRA’s mayor issues or varies a community risk management plan, the mayor must— (a) send a copy of the plan or variation to the chief fire officer; and (b) publish a copy of the plan or variation in such manner as the mayor considers appropriate. (6) The duty under sub-paragraph (5) to send or publish a copy of a variation may instead be satisfied by sending or publishing a copy of the plan as varied. (3) The FRA’s mayor must— (a) keep the priorities and objectives in the community risk management plan under review, and (b) in particular, review them in the light of any report or recommendations made to the mayor by the relevant scrutiny body. (4) (1) In each financial year, an FRA’s mayor must notify the relevant scrutiny body of the mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year. (2) The notification must include the proposed allocation of the element of the general precept that is attributable to fire and rescue functions. (3) The notification must be given— (a) before the date on which the mayoral combined authority or mayoral CCA determines whether to approve the mayor’s annual budget in relation to the following financial year; and (b) at a time which permits the relevant scrutiny body a reasonable amount of time to review the proposed allocation of budget before that determination is made. (5) (1) The relevant scrutiny body must review any proposed allocation of budget notified to it under paragraph 4. (2) The relevant scrutiny body must make a report to the FRA’s mayor in relation to the proposed allocation of budget. (3) The FRA’s mayor must— (a) have regard to any report made under sub-paragraph (2) and to any recommendations made in it; (b) provide the relevant scrutiny body with a response to the report and any recommendations made in it; (c) notify the relevant scrutiny body of any material changes to the budget for fire and rescue functions after it has been finalised; and (d) publish the response given under paragraph (b), and any notification given under paragraph (c)— (i) in such manner as is required by the relevant scrutiny body; and (ii) in any event, in a prominent place on the website of the mayoral combined authority or mayoral CCA.

Matters outside the scope of inspections

5

In section 28 (inspectors), after subsection (A8) insert—

(A8A) When carrying out an inspection under subsection (A3) of a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g), an English inspector must not review or scrutinise decisions made, or other action taken, in connection with the discharge of an excluded mayoral FRA function. (A8B) For the purposes of subsection (A8A), the following are excluded mayoral FRA functions in relation to a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority— (a) the issuing of a community risk management plan; (b) the variation of priorities and objectives set out in a community risk management plan; (c) the allocation of the draft or actual budget for fire and rescue functions in relation to any financial year; (d) the function of appointing, suspending or dismissing the chief fire officer; (e) the function of holding the chief fire officer to account for the exercise of— (i) the functions which are delegated to the chief fire officer; and (ii) the functions of persons under the direction and control of the chief fire officer; (f) the function of approving a pay policy statement prepared for the purposes of section 38 of the Localism Act 2011; (g) the function of approving arrangements to enter into a reinforcement scheme under section 13; (h) the function of approving arrangements with other employers of firefighters under section 15; (i) the function of approving arrangements under section 16; (j) the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that— (i) so far as is reasonably practicable, the mayoral combined authority, or mayoral CCA, is able to continue to perform its fire and rescue functions if an emergency occurs; and (ii) the mayoral combined authority, or mayoral CCA, is able to perform its functions so far as necessary or desirable for the purpose of preventing an emergency, or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it; (k) the function of approving any arrangements for the co-operation of the mayoral combined authority, or mayoral CCA in relation to its fire and rescue functions with other general Category 1 responders and general Category 2 responders in respect of— (i) the performance of the mayoral combined authority’s, or mayoral CCA’s, duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004; and (ii) any duties under subordinate legislation made in exercise of powers under that Act. (A8C) In subsection (A8B)— - “community risk management plan” has the same meaning as in Schedule ZA1; - “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act; - “general Category 1 responder” means a person who falls within Part 1 of Schedule 1 to the Civil Contingencies Act 2004; - “general Category 2 responder” means a person who falls within Part 3 of Schedule 1 to the Civil Contingencies Act 2004; - “priorities and objectives” has the same meaning as in Schedule ZA1.

Part 2 — Amendments of other legislation

Local Government Act 1972

6

In section 138 LGA 1972 (powers of principal councils with respect to emergencies or disaster)—

• (a) in subsection (5), after “London Fire Commissioner” insert “and a mayoral fire and rescue authority”;

• (b) after subsection (5) insert—

(5A) For that purpose “mayoral fire and rescue authority” means— (a) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or (b) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act), in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.

Local Government Finance Act 1988

7

• (1) LGFA 1988 is amended in accordance with this paragraph.

• (2) In section 114 (functions of responsible officer as regards reports), in subsection (4)(b)—

• (a) in sub-paragraph (iiic), omit the final “and”;

• (b) after sub-paragraph (iiic) insert—

(iiid) a mayoral FRA, the relevant scrutiny body (and here “mayoral FRA” and “relevant scrutiny body” have the same meanings as in Schedule ZA1 to the Fire and Rescue Services Act 2004), and

• (3) In section 115 (authority’s duties as regards reports)—

• (a) after subsection (1BA) insert—

(1BB) In the case of a report made by the chief finance officer of a mayoral FRA (which in this section has the same meaning as in Schedule ZA1 to the Fire and Rescue Services Act 2004), that mayoral FRA must consider the report and decide whether the mayoral FRA agrees or disagrees with the views contained in the report and what action (if any) the mayoral FRA proposes to take in consequence of it.

• (b) in subsection (1E), after “section 4A fire and rescue authority” insert “, the mayoral FRA”;

• (c) after subsection (1FA) insert—

(1FB) As soon as practicable after the mayoral FRA has prepared a report under subsection (1E), the mayoral FRA must arrange for a copy of the report to be sent to— (a) the chief finance officer; (b) the person who at the time the report is made has the duty to audit the authority’s accounts; and (c) each member of the relevant scrutiny body (which has the same meaning as in Schedule ZA1 to the Fire and Rescue Services Act 2004).

• (d) in subsection (2), after “section 4A fire and rescue authority” insert “, a mayoral FRA”.

Local Government and Housing Act 1989

8

• (1) The Local Government and Housing Act 1989 is amended in accordance with this paragraph.

• (2) In section 67(3) (meaning of “local authority” in Part 5), after paragraph (h) insert—

(ha) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004; (hb) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

• (3) In section 155(4) (local authorities that can receive emergency financial assistance), after paragraph (ha) insert—

(hb) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004; (hc) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

LDEDCA 2009

9

• (1) LDEDCA 2009 is amended in accordance with this paragraph.

• (2) In section 107D (delegation of functions by the mayor), after subsection (3) insert—

(3A) Subsection (3) is subject to section 107DZA.

• (3) After section 107D insert—

(107DZA) (1) The mayor may not make an arrangement under section 107D(3)(a) or (b) for the exercise of any fire and rescue functions of the combined authority. (2) The power to make an arrangement under section 107D(3)(ba) is subject to paragraph 6 of Schedule 5BA. (3) In this section “fire and rescue functions of the combined authority” means— (a) functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or (b) functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.

LURA 2023

10

• (1) LURA 2023 is amended in accordance with this paragraph.

• (2) In section 30 (functions of mayors: general), after subsection (3) insert—

(3A) Subsection (3) is subject to section 30A.

• (3) After section 30 insert—

(30A) (1) The mayor may not make an arrangement under section 30(3)(a) or (b) for the exercise of any fire and rescue functions of the CCA. (2) The power to make an arrangement under section 30(3)(ba) is subject to paragraph 6 of Schedule 2A. (3) In this section “fire and rescue functions of the CCA” means— (a) functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19 (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or (b) functions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.

Schedule 26 — Licensing functions of the GLA and the Mayor of London

1

The Licensing Act 2003 is amended in accordance with paragraphs 2 to 20.

2

In section 3 (licensing authorities), after subsection (1) insert—

(1A) In this Act, “London licensing authority” means each of the following licensing authorities— (a) the council of a London borough, (b) the Common Council of the City of London, (c) the Sub-Treasurer of the Inner Temple, or (d) the Under-Treasurer of the Middle Temple.

3

In section 4 (general duties of licensing authorities), after subsection (3) insert—

(4) In carrying out its licensing functions, a London licensing authority must also have regard to the licensing policy statement published by the Mayor of London under section 8A.

4

In section 5 (statement of licensing policy), after subsection (3) insert—

(3A) Before determining or revising its policy for a five year period, a London licensing authority must also consult the Mayor of London.

5

After section 8 insert—

(8A) (1) The Mayor of London must in respect of each five year period— (a) determine a policy in relation to the carrying out of relevant licensable activities in Greater London, and (b) publish a statement of that policy before the beginning of the period. (2) The Mayor may replace a policy under subsection (1) in respect of a period, with effect from any date during that period, by— (a) determining a policy in relation to the carrying out of relevant licensable activities in Greater London in respect of a period of five years beginning with that date, and (b) publishing a statement of that policy before that date. (3) Before determining a policy under this section, the Mayor must consult— (a) the chief officer of police for the area of each London licensing authority, (b) each Local Health Board for an area any part of which is in the area of a London licensing authority, (c) such persons as the Mayor considers to be representative of holders of premises licences issued by each London licensing authority, (d) such other persons as the Mayor considers to be representative of businesses and residents in the area of each London licensing authority, (e) the Secretary of State, (f) each London licensing authority. (4) During each five year period, the Mayor must keep its policy in respect of that period under review and make such revisions to the policy, at such times, as the Mayor considers appropriate. (5) Subsection (3) applies in relation to any revision of a policy under this section as it applies in relation to the original determination of a policy. (6) Where revisions are made, the Mayor must publish a statement of the revisions or the revised policy. (7) In determining a policy under this section, or making revisions to such a policy, the Mayor must have regard to— (a) the primary importance of promoting the licensing objectives, and (b) any requirements imposed on licensing authorities when carrying out their licensing functions. (8) In determining or revising a policy under this section, the Mayor must have regard to any cumulative impact assessments published by a London licensing authority in accordance with section 5A. (9) A statement of a policy under this section must specify the five year period to which it relates. (10) Regulations may make provision about the determination and revision of policies, and the preparation and publication of policy statements, under this section. (11) The requirement to consult in subsection (3) in relation to a policy for the first five year period may be met by consultation carried out before this section comes into force. (12) In this section, references to “relevant licensable activities” are to— (a) the sale by retail of alcohol, (b) the provision of regulated entertainment, and (c) the provision of late night refreshment. (13) In this section, “five year period” means— (a) if paragraph (b) does not apply, the period of five years beginning 6 months after this section comes into force or with such earlier date as the Mayor may determine, and each subsequent period of five years, or (b) if the Mayor has published a statement of policy under subsection (2), the period of five years to which the most recently published such statement relates, and each subsequent period of five years.

6

In section 13 (authorised persons and responsible authorities), in subsection (4), after paragraph (ha), insert—

(hb) where the premises are situated in Greater London, the Greater London Authority,

7

After section 17 insert—

(17A) (1) A London licensing authority must as soon as possible give notice to the Greater London Authority of any application made to it under section 17 that is a relevant licence application. (2) A “relevant licence application” is an application for a premises licence in Greater London which would authorise the premises to be used for one or more of the following activities— (a) the sale by retail of alcohol; (b) the provision of regulated entertainment; (c) the provision of late night refreshment. (3) The Greater London Authority must give notice to each interested party if the Authority considers that the relevant licence application is an application of potential strategic importance to Greater London. (4) On receipt of a notice under subsection (3), the London licensing authority must as soon as reasonably practicable advertise the determination of the Greater London Authority. (5) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (4) is to be made. (6) For the purposes of subsection (3),“application of potential strategic importance to Greater London” is to be interpreted in accordance with regulations made by the Secretary of State. (7) In this section, an “interested party” in relation to an application means— (a) the London licensing authority that the application was made to; (b) the applicant; (c) each responsible authority in relation to the premises to which the application relates.

8

In section 18 (determination of application for premises licence), after subsection (9) insert—

(9A) Where a London licensing authority is to hold a hearing in accordance with subsection (3) in relation to an application of potential strategic importance to Greater London, the authority must give to the Greater London Authority— (a) in advance of the hearing, specified information relating to the hearing within the specified period; (b) following the hearing, specified information relating to the hearing within the specified period. (9B) In subsection (9A)— - “application of potential strategic importance to Greater London” means a licence application that has been notified to the London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London; - “specified” means specified in regulations made by the Secretary of State.

9

In section 22 (prohibited conditions: plays), in subsection (2)—

• (a) the words from “a licensing authority” to the end become paragraph (a);

• (b) after that paragraph, insert

or, (b) the Mayor of London directing a London licensing authority under section 25C(1)(a)(i) or (b)(i), or section 41ZB(1)(a) or (c) to impose conditions which the Mayor considers appropriate on the grounds of public safety.

10

In section 23 (grant or rejection of application)—

• (a) after subsection (2) insert—

(2A) Where an application of potential strategic importance to Greater London is granted with no steps taken under section 18(4)(a) to (c) in relation to the licence, the relevant licensing authority must as soon as possible give notice to that effect to the Greater London Authority. (2B) Subsection (2A) does not apply if the Greater London Authority made relevant representations in respect of the application.

• (b) in subsection (4), after “this section” insert—